Discussion of Legal Questions Surrounding Accused's Refusal to Plead at Court Martial
Document 1799Discusses the legal particulars arising from Ensign David Fero's refusal to lodge a plea at his court martial; believes any different action by the court would not have affected Fero's stance, and so concurs with McHenry that Fero should be dismissed.
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Quincy June 15 1799
[endorsed]
Sir
I return you the papers inclosed in your letter of the [undecipherable]. I have carefully read the proceedings of the court martial on [undecipherable: Ensign?] [undecipherable] [undecipherable].
It would be necessary for the legislature at their next session to make some pro-visions for cases of [undecipherable] with [undecipherable]. The best [undecipherable] [undecipherable] in this case on my [undecipherable] — [undecipherable] never [undecipherable] to plead to be remanded [undecipherable] then proceed to legal [undecipherable], as if the defendant had pleaded not [undecipherable]. It would not even [undecipherable] to have him in his own [undecipherable] by [undecipherable]. I would not even [undecipherable] all [undecipherable] [undecipherable] of [undecipherable] [undecipherable] his [undecipherable] offered by himself away [undecipherable] his friends, and [undecipherable] as upon the general [undecipherable]. I should have been better [undecipherable] of the court martial had extended all
his patience and [undecipherable] to the law. The result would I believe have been the same however and although however I do not run any very clear [undecipherable] to [undecipherable] the sentence of the court martial, I have in [undecipherable] to refer [undecipherable] to your [undecipherable] and [undecipherable] [undecipherable] [undecipherable] from the [undecipherable]
I have the honor to be Sir your very humble servant
[Sir at the]
Type
Autograph Letter Signed
Description
Discusses the legal particulars arising from Ensign David Fero's refusal to lodge a plea at his court martial; believes any different action by the court would not have affected Fero's stance, and so concurs with McHenry that Fero should be dismissed.
Date
06/13/1799
Author
Recipient
Sent from
Quincy
Repository
Collection
Document number
1799061340001
Note
2 COLLECTIONS: one with photocopy images, one without images.
Notable persons
James McHenry
John Adams
David Fero
Notable locations
Quincy
Notable items
papers
court martial

