George Washington Papers
Documents filtered by: Period="Revolutionary War"
sorted by: relevance
Permanent link for this document:
https://founders.archives.gov/documents/Washington/03-24-02-0558

From George Washington to Colonel Goose Van Schaick, 8 March 1780

To Colonel Goose Van Schaick

Head Quarters Morris Town 8th March 1780.

Sir

I have been favd with yours of the 15th and 26th ulto the first enclosing the proceedings of a Court Martial agt Capt. Lieut. Young, the last a return of your Regiment.1

I find myself under the necessity of disapproving the sentence agt Capt. Lt Young, on account of the irregular constitution of the Court—The power of ordering Genl Courts Martial is only vested in the Commander in Chief or a General Officer commanding in any State—And If I am not mistaken, Major Graham the president of the Court was at the same time commanding Officer of the Garrison which is contrary to one of the Articles of War2—Indeed, From the whole face of the proceedings, I am of opinion that this matter had better be accommodated than brought before another Court, as the arrest was principally founded on transactions which happened in liquor and which ought never to have been brought before the public—The charge of neglect of duty does not seem to be at all supported— But as you must from your situation be more fully acquainted with circumstances than I am, I will grant an order for holding a General Court Martial if you think the service requires it.

I shall, as soon as the season and circumstances will admit, releive your Regiment from their present duty. I am &c. I return the proceedings of the Court.3

Df, in Tench Tilghman’s writing with corrections in James McHenry’s writing, DLC:GW; Varick transcript, DLC:GW. Tilghman may have drafted this letter on 6 March: the “8” in the date is written over the number “6,” and a note in Tilghman’s writing on the docket of Van Schaick’s letter to GW of 15 Feb. reads: “Ansd 6th March.”

1Van Schaick’s letter of 26 Feb. has not been found.

2The first article of the fourteenth section of the articles of war reads in part: “and the president of such court-martial shall not be the commander in chief or commandant of the garrison where the offender shall be tried” (JCC, description begins Worthington Chauncey Ford et al., eds. Journals of the Continental Congress, 1774-1789. 34 vols. Washington, D.C., 1904–37. description ends 5:800).

3This enclosure has not been identified.

Index Entries