[23 May 1799.] [Cap. George [undecipherable] Jr.] [Body text rotated and largely undecipherable due to severe ink deterioration and bleed-through] War Department 29^th. May. 1799. Sir, I have received your letter dated the 24^th instant, concerning the proceedings of a General Court Martial, ordered by you, and held at [undecipherable] for the trial of Joseph Bahenis, a [undecipherable] in the corps of artillerists and engineers. As some irregularities in the sentence, on [undecipherable] of want of authority in the com[undecipherable] of a Post, as such, to order a General Court Martial, rendered it improper to carry the sentence of death into execution, I have transmitted the Proceedings to General Hamilton, with an observation, that if you called a General Court Martial of your own authority, I had no doubt you proceeded in consequence of an Error in opinion, of late general and [undecipherable] practised on. I have no doubt General Hamilton will communicate his ideas to you at large on the subject. I shall observe, that it is settled, that Commanding Officers of Posts, as such, have no authority to constitute General Courts Martial. The [undecipherable] [undecipherable] officers under [a] proper appointment to the [undecipherable], or at least [undecipherable] appears on the face of the Proceedings, to have so done / one of the members [undecipherable] [them as] [undecipherable] that [undecipherable] is not the Officer known to a General Court Martial and that the Judge Advocate is [undecipherable] — that the [undecipherable] of the Court does not [undecipherable] on the face of the Proceedings, to have been concurred in by [undecipherable] thirds of the Members of the Court, as [undecipherable] is necessary by the [undecipherable] Article of the [undecipherable], and that in the cases so solemn as to [undecipherable] every thing should appear, and nothing be left to conjecture. I am Sir with respect & your obedient servant James McHenry Capt. George [undecipherable] Commandant West Point