Concerning the constitutionality of trying a captain
Document 1800Asks the Attorney General whether it is constitutional for the military to deliver Capt. Devin of the 4th Regiment - who had recently gone from Maryland to Tennessee - back to a municipal court in Maryland.
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[To Charles Lee / 10 March 1800]
Dear Sir.
I pray your attention to the inclosed papers, and to have the pleasure to hear from you or see you tomorrow morning, as the Attn to Gen. Pinckney, if thought proper, must go the same day into the Post Office.
If Cap Deven who is of the 4th Regiment, and on his way to [undecipherable], where it is stationed, had remained in Maryland I should have done what is now proposed, or had it been practised — [undecipherable] him to the operation of the [undecipherable: probable reading municipal] law.
You will see that the Governor of [strikethrough: Maryland] does not require him to be demanded to Maryland. If a citizen had committed a similar offence and taken refuge in Virginia, could he be demanded by the Governor of Maryland of [the] Governor of Virginia? If he could not, under the constitution, can the President, without any violation of rights, and without an application, withdraw Cap Deven from a military tribunal and deliver him up to the municipal courts of Maryland?
This, I understand from Mr Baer of Congress and Mr Linn of Allegany County is a very worthless fellow, and from the latter, that Deven gave very great satisfaction while recruiting in that County.
Yours truely
James McHenry
10 March 1800
Charles Lee [undecipherable]
Type
Autograph Letter Signed
Description
Asks the Attorney General whether it is constitutional for the military to deliver Capt. Devin of the 4th Regiment - who had recently gone from Maryland to Tennessee - back to a municipal court in Maryland.
Date
03/10/1800
Author
Recipient
Repository
Collection
Document number
1800031000101
Page start
1
Notable persons
Charles Lee
James McHenry
Attorney General
Devin
Charles Cotesworth Pinckney
regiment
governor
President
Deven
military tribunal
courts
George Baer
Congress
Notable locations
Tennessee
Maryland
Virginia
Allegany County
Notable items
Post office
municipal law
refuge

