[N. 2. April 24. 1799 Gen. Hamilton R.d from pres Copy 255] [press copy taken —.] War Department 24^th April 1799.. Sir, I have received your letter dated the 23. instant advising me, that you entertain doubts, whether you can act upon, (by approving, or otherwise) of sentences of Courts Martial, referred to you, from the Department of War, in cases, in which the Court has been instituted by that Department, through other organs, than yourself. That there is a peculiar delicacy, in inflicting punishment, upon questionable authority, once you should therefore be glad, to be exempted, from the embarrasment, which references of the above mentioned kind will occasion— The doubts, which appear to have arisen in your mind, I should conceive, ^apply more forcibly, to those cases, which were submitted to Courts, either by this Department, or otherwise, & the sentences of which, yet remain to be acted upon) before the period of your being called into service — and of this kind I recollect, but one or two, the irregularities in which either from want of authority in the officer who ordered the Court, or other causes, seemed to render the sentences invalid, or improper to be executed particularly when they [strikethrough: occurred or] affected life — [imparted] and left the party, as the first trials and sentences, were considered nullities, subject to a new trial, or otherwise, as you should order. Of those cases — [strikethrough: when] in which the Court was instituted by this Department — I recollect only the evidence, the Court decided to try some mutineers [strikethrough: from] Fort Mifflin — If you are of opinion, that in the latter case — you are not authorised, to approve, disapprove or mitigate the sentences, I pray you, to transmit them to me — to enable me to judge of their nature, and put them in train of being decided upon by competent authority — I would wish you to use the same, [strikethrough: respecting alluded] sentences, you doubt your competency respecting in all other cases — I am Sir &c. J. McHenry Major Gen. Alexander Hamilton