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Subject Area: War and Peace
Topic: The American Revolution and Constitution

TO THE BOARD OF WAR. - George Washington, The Writings of George Washington, vol. VIII (1779-1780) [1890]

Edition used:

The Writings of George Washington, collected and edited by Worthington Chauncey Ford (New York and London: G. P. Putnam’s Sons, 1890). Vol. VIII (1779-1780).

Part of: The Writings of George Washington, 14 vols.

About Liberty Fund:

Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


TO THE BOARD OF WAR.

Gentlemen,

I have received the enclosed proceedings of a General Court Martial held by order of the Board. As I am not informed of any provision having been made for vesting the power of appointing Courts Martial in the Board (which is too confined in many respects), I should not think myself at liberty to confirm the proceedings of the present Court, were there no objections to the manner of the proceedings themselves. But they are too summary and the evidence not fully enough stated, to justify an approbation of decisions which affect life.

No mention is made of the corps to which the prisoners belong. The corporal punishments too are irregular, exceeding the limits prescribed by our military code, which is in this instance also defective—and in the case of Capt. Parke,—he is found guilty of the additional crime of forgery, though the charge against him only relates to fraud.

I flatter myself I need not assure the Board, that the scruples now suggested do not proceed from the least disposition to bring their powers in any instance into question, which is the remotest of anything from my intention. But as the regular administration of justice as well in the military as civil line is of the essential importance, and as the regular constitution of Courts is a fundamental point towards it, the Board will be sensible it is my duty to be satisfied on this head before I give my concurrence in any trials where there is room to doubt. I shall therefore be obliged to them to give me the necessary information concerning their powers in this respect. Lest upon recollection it may be found that sufficient provision has not been made, I enclose an order for holding a new Court, that the offenders may not escape; and I could wish a hint may be given to the Gentleman acting as Judge advocate, to be more explicit and particular in designating the circumstances of the crime and of the evidence. I enclose the proceedings for the inspection of the Board. * * *