George Washington Papers

George Washington to Colonel Daniel Brodhead, 5 May 1781

To Colonel Daniel Brodhead

Head Quarters New Windsor 5th May 1781.

Dr Sir

Mr Fowler having in a late letter to the president of Pennsylvania made several charges against you for mal conduct in your command—The president of the state communicated it to Congress, who have been pleased, thereupon, to direct me to investigate the matter and bring you to trial upon the matters alledged against you1—Mr Fowlers charges having been rather general, I have desired him to specify them, and to furnish you with a Copy of them2—You must be sensible that no Court can be constituted at Fort Pitt for the trial of an Officer of your Rank—It must therefore be held at the Army; but as it will be impossible to bring down all the necessary Witnesses, the Judge Advocate General sends by this Conveyance a deputation to the Gentleman usually officiating in that capacity at the post, authorising him to take depositions in the presence of the parties.3 These, by a Resolve of Congress, are made admissible evidence in Court.4 When the necessary depositions are finished, you will repair to the Army and take your trial.

You will see the propriety of giving up the command to the Officer next in Rank while this business is transacting—It will take off every objection that can be made against the validity of the depositions, as having been taken under your influence as Commandant.5 I am &.

Df, in Tench Tilghman’s writing, DLC:GW; Varick transcript, DLC:GW.

1For the congressional directions and the letters from Alexander Fowler and Joseph Reed, president of the Pennsylvania Supreme Executive Council, see Samuel Huntington to GW, 20 April, and n.1.

2See GW to Fowler, this date.

3The document from John Laurance, judge advocate general, has not been identified, but see GW to Brodhead or the officer commanding at Fort Pitt, Pa., this date.

4See 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 , 15:1278; see also Huntington to GW, 19 Nov. 1779, n.2.

5Differences over the meaning of GW’s directions and administrative complications delayed Brodhead’s court-martial (see GW to Brodhead, 12 June, DLC:GW, and 6 Sept., NjP: De Coppet Collection; and Brodhead to GW, 19–20, 23, and 29 Aug. and 6 Sept., all DLC:GW). Brodhead’s court-martial, which eventually occurred in Philadelphia, acquitted him on all charges (see Brodhead to GW, 25 Sept., DLC:GW, and General Orders, 24 Jan. and 28 Feb. 1782).

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