Case

Thomas Langly Collier is represented to Me as having attempted a treasonable Correspondence with the Enemy on Long Island by a Letter intercepted in its passage thither on the Sound—There is little Reason to doubt that the aforesaid Letter was of a treasonable Nature; tho I have neither seen it or a Copy of it. I am informed that at the Time of writing and intercepting the said Letter Collier had, as well as for some Years before, his fixed Residence at Fairfield in the State of Connecticut and that he is not charged with having gone over to the Enemy or come from them in the Character of a Spy. That he has been apprehended tried and convicted on the aforesaid Letter, by a Court martial of which Major General Parsons was president & is now under Sentence of death & in Irons in the provost at Fishkill And my opinion is asked on the following Question vizt.

Whether as Collier’s Case is above Stated, he was legally amenable to and triable by a Court martial?

Answer—It is my Opinion that any person taken in disguise or secretly lurking about an Encampent Cantonment Garrison or other military post occultly attempting to make discoveries, or to practise withe the Troops for the Benefit of the Enemy is by the Practise of Nations & the Law martial triable by a Court martial as a Spy. But I am also of opinion that an Inhabitant & Subject who from the place of his fixed abode, & where the Law of the Land will reach him maintains or attempts to maintain a treasonable Correspondence with the Enemy, is amenable for the Crime only before a Court of Law in the State where the Crime was committed and not before a Court martial; unless there should be a particular legal provision for the purpose by a Law of the State.