[Cover page/docket. Faint notation at top: [undecipherable]. Large center notation: [undecipherable: probable reading "No. 25"]. Rotated endorsement text at bottom: [undecipherable].] War Department 11 March 1800 Sir (Duplicate) I inclose you a copy of a letter to me from the Governor of the State of Maryland dated the 5 ultimo refering for the information of the President of the United States the Deposition of W. Abraham Rhodes, a citizen, and the joint certificate of Patrick Murdoc and Hanson Briscoe Esquires Justices of Allegany County in the State of Maryland of the last I send you the original. I have the honor to communicate to you that conduct like that attributed to the officer in question, and indeed all acts of cruelty or rigor by officers towards citizens, must ever give the President great pain. He considers, that such acts tarnish the military character in the eyes of the people at large, are unjustifiable, and highly censurable assumptions of authority, in opposition to the municipal laws, and injurious to the Service; and is determined that when duly charged and proved, exemplary punishment shall follow. The charge against Captain Diven is solemnly made, presented through the highest functionary of the State whose laws were violated, and demands immediate attention — as however the transaction cannot be viewed in the light of an exclusive military offence, but is of a nature, that if overlooked, might tend to expose in future the ^persons of citizens to military violence, it is not considered absolutely necessary to investigate it by a military court. The outraged citizen should have the choice of his tribunal before which he will seek redress. In this view you are hereby directed to cause Captain Diven of the 4^th Regiment of Infantry, forthwith to be arrested, wherever he may be, and held amenable to any legal process, of the State of Maryland that may be issued against him, relative to the outrage with which he is charged, or if he shall then be out of the limits of the jurisdiction of the State Court that has the regular cognizance of the offence, you will cause him to repair to the place, or near it, where the offence was committed and deliver himself up according to the usual ^course to the operation of such process as may be ordered in his case. You will also be pleased to notify Capt. Diven that it is the Presidents orders, additional affidavits be taken, at the place where the offence was committed, to substantiate the alledged charge and transmitted to him, for his information, and to guide his future determination. I have the honor to be with great respect, Sir, Your obedient & Humble Servant James McHenry Major General Charles C. Pinckney