[Confidential] Cantonment at Harper's Ferry March 20^th — 1800 — Dear [undecipherable] I think with you that the opinion of the attorney General in the case of Cap^t. Diven was given rather in haste — I do not think it a sound one — The President may if he thinks proper dismiss an Officer, he has power so to do; our Commissions are during his pleasure; but this, however should be guided by sound discretion & ought never to be exercised but on important occasions, & when circumstances appear to require an unusual interference of Presidential authority, & seem to [undecipherable] it with [undecipherable] of propriety. But in the present case a [undecipherable] it is produced but to one made by the [undecipherable] believe the facts stated — they do not say they believe [undecipherable] to be [undecipherable]. — Col. [undecipherable] of the 8^th Regiment informs me that on his return from his [undecipherable] to the North Western Territory he heard many reports relative to this business. They in [undecipherable: jour-]nal amounted to this, that Rhodes was not only very busy in procuring as many as he could influence from enlisting, but exerted himself [undecipherable] in inducing those who had enlisted to desert. — Cap^t. Diven did not [undecipherable] the legal remedy in such cases provided, but even in haste [undecipherable] took the law into his own hands, & inflicted a species of punishment which even the law would not have inflicted, & for which he will undoubtedly be himself punished. But before we say determinably that he is guilty, for [undecipherable] let him be tried & let us hear what he has to say in his defence, or in mitigation. We are all [undecipherable] against the Tyrants of the 18^th of Fructidor for justifying their nefarious [undecipherable]tion and transportation of Barthelemi and a number of the members of the two Councils to [undecipherable] without trial under the sophism that trial was merely to ascertain guilt, and if you were convinced that a party was guilty, that then trial was nugatory, and is in [undecipherable] to prompt [undecipherable] vigorous justice — Altho I do not mean to [undecipherable] the [undecipherable] committed [undecipherable] Cap^t. Diven [undecipherable] he will be tried before he is punished, and that the President will not be inattentive to the maxim of justice. [undecipherable] Yrs truly [undecipherable] Charles Cotesworth Pinckney [undecipherable] Cap^t