October 6th 1780
May it please Your Excellency
The Debilitation both of Body and Mind, with which I find myself affected by a long Quotidian Ague both before, and which has increased since my Confinement, necessitates me to apply for being handed over to the Civil Power—there to answer the Charges that are or may be exhibited against me; as I find myself unequal to the Fatigue of being removed with the Army—in their different Movements, or should your Excellency think it inexpedient to comply with this Request, I hope your Excellency will indulge me the Priviledge of Council to assist me in my Defence—This I hope is not unprecedented—and I know is not inconsistent with those Sentiments of Humanity which marks your Excellencies Character, where there is a Possibility of Innocence—I shall feel some aliviation of my Distress, if I am indulged with the former or latter of the above Requisitions, and shall ever gratefully remember the Favor—and am with profound Respect Your Excellencys most Obedient humble Sert
Joshua H. Smith
DLC: Papers of George Washington.