To James Madison from Henry Wheaton, 24 May 1816
From Henry Wheaton
New York, 24 May, 1816.
Sir,
I have the honour to enclose copy of a correspondence between myself & the Adjutant & Inspector General,1 in which I have reason to complain that I have been injuriously treated.
It requires no comment from me; and the respectful confidence I feel in your justice renders it proper for me only to remark that the moment the performance of any other professional or public duties became incompatible with those of a Judge Advocate in the army, I should instantly have declined the one or the other without any official admonition. The constant & zealous support I have given the Government ought at least to have secured me from indignity, if it did not conciliate favour. But I ask nothing more than justice; and if the offices I hold are deemed incompatible with each other, that I may have a fair opportunity of electing which I will resign. I have the honour to be with the highest respect your obt servant
Henry Wheaton.
RC and enclosures (DLC). RC docketed by JM on blank leaf of last enclosure. For enclosures, see n. 1.
1. The enclosures (6 pp.) consist of copies of four letters between Daniel Parker and Wheaton, exchanged between 6 and 24 May 1816. Parker informed Wheaton that the secretary of war had directed that Wheaton be informed of a presidential decision to the effect that army officers should not hold civil offices. Wheaton, whom JM had appointed as a judge advocate in the army in August 1814 (, 2:535, 542), responded that the appointment he held as judge of the Marine Court in New York City was not a permanent position and that he could not resign it before the meeting of the New York Council of Appointment the following February. Parker construed that response as Wheaton’s resignation from the position of judge advocate, an interpretation which Wheaton vigorously disputed, and he demanded to know on what grounds he had been removed from office.