[26 April. 1799 / Attorney General's / Opinion touching the / case of Cap^t Vance] [Col James McHenry / Secretary at War] [undecipherable] Office of Attorney General Philadelphia 26 April 1799 Sir I had the honor to receive your letter of the 9^th instant which enclosing a statement of the case of Captain Vance propounded several questions to which my answer is requested. The challenge contained, in Cap^t Vance's letter of the 3^d of April to M^r Simmons is expressly predicated by Cap^t Vance on the expressions of M^r Simmons threatening to punish him personally as soon as the trial before a court martial shou[ld] be concluded. If those expressions were used by M^r Simmons I [strikethrough: not] know how it is possible they can be [undecipherable] [undecipherable] necessary or proper in the exercise of his official duties as accountant in the war department, and especially if uttered in the absence of Cap^t Vance. Though the latter part of his letter alludes to the motives which he assigns to M^r Simmons, for the part he took in prosecuting him before a court martial on another charge, yet [strikethrough: the] challenge appears to me to have proceeded from the threats of personal punishment declared by M^r. Simmons in the presence of Cap^t Butler. If those threats had not been expressed, there is no probable cause to believe the challenge would have [undecipherable: taken] place. The affair is therefore to be considered as a [undecipherable] one, to [undecipherable] the [undecipherable] of [undecipherable] civil [undecipherable] in the discharge of their official duties, from the [undecipherable] [undecipherable] violence of military officers ought not to be [undecipherable] [undecipherable] the president in my humble opinion ought [undecipherable] advised to dismiss Cap^t Vance from the service of the United States before a trial, nor ought a trial before a court martial to be ordered of his transaction. The letter undoubtedly amounts to a challenge. There is by the laws of Pennsylvania deemed an offence, that is cognizable and punishable in the ordinary courts of common law jurisdiction. There certainly are cases where an officer of the army should be made to answer before [undecipherable] courts [undecipherable] martial, for his misconduct or crime in relation to other citizens, as for instance if he should with the aid of the soldiery seize and [undecipherable] with [undecipherable] of his own motion a citizen of the United States or if he should [undecipherable] that the property of a citizen or commit any other enormity manifestly degrading to the station of a [undecipherable: military] officer. M^r present case is not in my opinion to be considered of this kind. The sentence of a military court in the case of Cap^t Vance and M^r Simmons, would not be a legal bar, to a prosecution in [strikethrough: a] courts of civil jurisdiction. I have the honor to be Sir' your most obedient servant Charles Lee [To] The Secretary at War