for refusing orders and neglect to the prejudice of good order and Military discipline — Signed Abraham R. Ellery A^t & Gen^l Extract from General Orders New York June 13^th 1799 The Articles of war being obscure and inexplicit as to the power of appointing a General Court Martial and it being very material that there shall be no doubt about the legality of the Constitution of the Court which is intrusted with the power of inflicting the highest punishment known to our Military Code, Major General Ham[undecipherable: Hamilton] thinks it proper to declare the Construction of articles upon this point which after careful ex[undecipherable] and reflection he has adopted as that is to govern within the sphere of his Command. Thus, every Gen^l for dep[undecipherable] army: Every General Commanding Troops [undecipherable] at Station So detached from the army, d[undecipherable] its ordinary police is of merely distend[undecipherable] officer inferior in rank to a General on w[undecipherable] the Command of a General may have [undecipherable] in one or other of the above cases may legally [undecipherable] Constitute a General Court Martial, but no[undecipherable] Officer who does not Command as the immediate Representative of a General especially no officer merely Commanding a Regiment or other Corps Whether entire or composed of detachments not Superior to a Regiment, can constitute a General Court Martial Consequently no officer Commanding any of the Garrisons or Sea board and no officer Commanding part of the Station except the Commander of that army for the time being can of his own authority direct the holding of such a court, it follows that all pending Sentences of any Courts denominated General Courts Martial which have not been appointed in Conformity with the foregoing Constructions are to be Held Void — It is also considered essential to the regularity of a General Court Martial that there shall be a person who is not a member of the Court acting as Judge advocate — It is also for greater caution directed that in the Cases in which the Concurrence of two thirds of the members of the Court is required it shall be expressed in the body of the Sentence that two thirds or more than two thirds as the case may be did concur — A different practice having obtained at different posts in regard to issuing Liquor to the Troops it is thought proper to direct that the allowance of half Gill ꝑ day may be every where issued when ever the Contractors Can