Autograph Letter Signed

Charges Against General Wayne

Attorney General Lee writes to McHenry regarding his opinion of a court martial for General Wayne, based on charges brought forth by General Wilkinson. He discusses that the President, as Commander in Chief of the army, has the right to order a court martial upon an inferior officer. It is also within his discretion to determine whether a court of enquiry shall be instituted previous to his court martial. The court of enquiry may be ordered without the consent of the accused. The President may also take command of the army from General Wayne, and commit it to another. The accused may also request a court of enquiry. The court shall proceed according to the 25th, 26th, and 27th articles of war drafted in 1786, and when finished are to be transmitted to the president, who will then determine whether or not a court martial shall be ordered.

1796

11

20

Philadelphia

Philadelphia

James McHenry

Charles Lee

General Anthony Wayne

General James Wilkinson

President of the United States

Philadelphia

Western Country

court martial

court of enquiry

charges

articles of war

1796112040001

1

4

Philadelphia 20th November 1796
Sir
As the charges exhibited against General Wayne by General Wilkenson have not been communicated to me, I have supposed they were not [undecipherable] to be known to enable me to form an opinion relative to the mea-sures necessary to be pursued to do justice to the [undecipherable], the accused and accuser." I have taken a general view of this subject and the following is the opinion which I have formed.
The President being by the constitution the commander in chief of the army of the United States [undecipherable] all the powers belonging to that office; one of which is to order a court martial upon any inferior officer whenever it shall appear to him [undecipherable] and [undecipherable]. General Wayne is considered in the light of an inferior officer though commander in chief of the american forces in the western country and may be subjected to a trial before a court martial, to be ordered by the President and it is within his discretion to determine whether a court of inquiry shall be instituted [undecipherable] to the court martial or not.
If a previous court of inquiry is deemed expedient
it may be ordered in my opinion without the consent of the accused, as the restriction in the 26th article of war [undecipherable] 31st May 1786 is not applicable in its reason to the President of the United States who may lawfully whenever he [undecipherable], take the command of the army from Gen. Wayne and commit it to another; and [undecipherable] he may be the better enabled to exercise this [undecipherable] power, he might have authority to order a court of enquiry even without the consent of the officer, whose conduct is intended to be investigated.
But if this opinion is doubted, it will certainly be [undecipherable] of the reach of exception, for the accused to [undecipherable] a court of enquiry for which [undecipherable] notice should be given to him of the charges [undecipherable], that it may be in his power to solicit a court of enquiry; and if this is not requested by him, a court martial should be ordered without any further intermediate enquiry.
If a court of enquiry shall be ordered, whether with or without the consent of the accused, the proceedings should be according to the [undecipherable] forms? and in pursuance of the 25th 26th & 27th articles of war [radified?] in 1786 and when finished are to be transmitted
to the President of the United States who will then determine whether or not a court martial shall be ordered.
I am very respectfully [Sir?] your most obedient humble servant
Charles Lee
Attorney Gen.

To the Secretary of War