Proceedings of a General Court Martial
Document 1799Hamilton transmits the results of a General Court Martial, nothing that the punishments are mitigated in some cases by the fact that the United States is not officially at war.
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Philadelphia April 20th 1799
Sir,
Inclosed are the proceedings of a General Court Martial of which Major Wilcocks is President. All the sentences except that of Richard Hunt have been approved and directed to be executed. The corporal punishment in the case of Goldsburg is remitted agreeably to the recommendation of the Court. You will observe that the pay due to each of the Offenders is forfeited.
As I do not conceive the United States to be now at War in the legal import of that term (which I construe to be a state not of partial but of general, hostility) I consider it as beyond my power to approve or execute such sentences as by the Articles of War are referred to the President in time of Peace. But while I think it my duty on this ground to transmit the sentence without acting upon it, I feel myself called upon by a profound conviction of the necessity of some severe examples to check a spirit of desertion which for want of them in time past, has become too prevalent, respectfully to declare my opinion, that the confirmation and execution of the sentence are of material consequence to the prosperous course of the military service. The crime of desertion is in this instance aggravated by the condition of the [undecipherable: offender as a] recruit, and by the breach
of trust, in purloining the money which was in his hands for the pay of his company.
With great respect
I have the honor to be
Sir
Your obedt servt
A Hamilton
[Sec: of War]
Type
Contemporary Copy of Letter Signed
Description
Hamilton transmits the results of a General Court Martial, nothing that the punishments are mitigated in some cases by the fact that the United States is not officially at war.
Date
04/20/1799
Author
Recipient
Sent from
Philadelphia
Repository
Collection
Document number
1799042040201
Page start
1
Notable persons
James McHenry
Alexander Hamilton
Major Wilcox
Richard Hunt
the President [Adams]
Notable locations
Philadelphia
Notable items
proceedings of a General Court Martial
sentences
corporal punishment
case of Goldsberg
recommendation of the Court
pay due to each of the offenders
partial [hostility]
general hostility
Articles of War
time of peace
military service
crime of desertion
breach of trust

