George Washington Papers

To George Washington from Elias Dayton, 8 June 1782

Morris Town June 8th 1782


In Consequence of your Excellencys Order, Mr Depuyster was apprehended & confined in the Jersey Camp, and a Representation of his Case immediately forwarded to Governor Livingston—Previous to the Governors Answer, Mr Depuyster applied to Council, claiming the Priviledges of a Subject of the State of New Jersey, this Council advised, & accordingly issued by his Directions two Writs of habeas Corpus, one directed to Lieut. [Stout] the Officer of the Guard, the other to Col. Ogden, These Writs were returnable before Mr Justice Symmes at Morris Town this Day—On Tuesday last I recd Governor Livingston’s Answer, which was substantially this, that he had laid Mr Depuysters Case before his Council, who unanimously advised him not to interfere in the Matter, but to suffer him to be sent on to head Quarter— In this Situation I knew not, well what to do, but as I had your Excellys Orders to send Mr Depuyster to Genl Heath, in Case Govr Livingston should think proper to submit him to military Tribunal, and as the Writs of habeas Corpus were not directed to me, I tho’t myself bound to obey your Excellcys Order & accordingly sent Mr Depuyster under Guard to Genl Heath—But yet I am fully of Opinion that if Depuyster is deliverd over to the Civil Authority, agreable to his Request Justice will be as amply administerd, as if tried by a Court Martial. I am your Excellencys Most Obedient Hbl. Servant

Elias Dayton

DLC: Papers of George Washington.

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