Complaint Regarding Obsorne's Court Martial
Document 1799Obsorne complains of the delay and manner of his court martial. He complains about the behavior of Major Hoops, saying he prevented Osborne from mounting a proper defense. The proceedings of the Court have still not been submitted to the War Office, in violation of proper procedure. He requests from the War Department of copies of documents relating to his defense.
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New York August 26th 99
Sir
I have recd yours of the 21st inst.
What can have been the motives for the delays which I now experience and the whole course of my trial [undecipherable] have not ceased with the decision of the Court I am utterly unable to imagine —
Notwithstanding there were always officers sufficient within col[umn] to form a Court yet I was ever unwilling to [undecipherable] my own [undecipherable] in jury kept in a state of [undecipherable] restricted in my liberty [undecipherable] was the matter of Major Hoops [undecipherable] or his [undecipherable] as commanding officer [undecipherable] gave him the [undecipherable] of exercising — the 29th of January [to] the 30th of March —
On the 20th of March a Court was convened which Major Hoops found various [undecipherable: pretexts] to have adjourned until all who were on the Island at the time of my arrest were removed [&] keeping only such [persons] he [undecipherable] to answer his [purposes] whereby I was deprived of the advantage [of] some [undecipherable] important [undecipherable: testimonies] the event has shown that [undecipherable] Hoops conducted his business with the art of an experienced villain knowing at the time what he should represent to the court & conscious how easily it might be controverted he takes the precaution [to] place beyond my reach the then only ostensible means of defence knowing himself from what sources those means were derivable while I was necessarily ignorant by not having it in my power to know what I should be under the necessity in my justification of bringing or disproving [—] herein he had the fore taste of the [undecipherable]
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his inordinate malice should experience by attacking [undecipherable] with the weapons the proper defence against which he alone could know & which he had placed beyond my reach — After vexatious delays for five months I am admitted on the 24th June to make my defence and remain a prisoner until the Seventh month was completed to my injury beyond all the [undecipherable: emoluments] I have derived from the U.St[ates] from the date of my commission up to the 1st of June since which time the small pittance due me up to the 9th of August is withheld and which has become of importance to me from this cursed persecution —
After the lapse of more than a month from the rising of the Court General Hamilton issues his "animadversions" or an anathema against the Court "and which to complete the gratification of Hoops are kept from my knowledge several days after they had been published at [undecipherable: least] fifty times the distance of Governors Island from his office altho a positive law requires the Judge Advocate in every case as speedily as possible to forward the original proceedings to the War office near two months have elapsed since the rising of the Court and they are yet withheld to furnish copies to any who choose to request them & to be submitted to the inspection of the citizens at large and exhibiting in [their] courts furnishing [undecipherable]
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comment of common sense would produce the confusion of my enemies I am deprived of the power of averting by a public exhibition of facts & an elucidation of characters [undecipherable] the slander which is circulating under the fostering auspices of Major Hoops the natural guardian & protector of all that is base & disgraceful & to whom every thing honorable & reputable is equally hateful as the sun itself to birds of darkness —
I shall require first to be furnished (under the signature of your office) with every document on which the court acted relative to my case — My defence being one of those documents I shall expect a copy of it together with the proceedings of the court as soon as possible —
The disagreeable situation in which I have been obliged to remain & still continue in for the want of this copy I hope will not be farther unnecessarily prolonged —
I am Sir
[undecipherable]
A[undecipherable]. Obed[undecipherable] [undecipherable]
[undecipherable]
Type
Autograph Letter Signed
Description
Obsorne complains of the delay and manner of his court martial. He complains about the behavior of Major Hoops, saying he prevented Osborne from mounting a proper defense. The proceedings of the Court have still not been submitted to the War Office, in violation of proper procedure. He requests from the War Department of copies of documents relating to his defense.
Date
08/26/1799
Author
Recipient
Sent from
New York
Repository
Document number
1799082640101
Page start
1
Note
partially illegible.
Notable persons
James McHenry
Samuel Osborn
officers
Major Hoops
Alexander Hamilton
Judge Advocate
Notable locations
New York
Governors Island
Notable items
court-martial
delays
defense
imprisonment
injury
commission
pittance
pay
animadversions
anathemas
proceedings
publication
perversion of the facts
slander
documents
case


