George Washington to Alexander Fowler, 12 June 1781
To Alexander Fowler
Head Quarters [New Windsor] 12th June 1781
sir
I wrote you under the 5th of May last respecting a Number of Charges & Accusations exhibited thro the President of Congress against Colo. Broadhead1—since which I have received thro’ the same Channel which conveyed the former, a fresh Number of Exhibits, Depositions & Complaints, on the same Head, in which your Name appears2—As this Matter seems to involve a Variety of Crimination—& in its present State appears very diffuse—& in its Prosecution before a Court Martial must be attended with great Trouble & Expence—I have to request that you will make a particular Stating of all the Matters of Charge & Accusation against the Colo. brot into one clear Point of View—with the several Allegations & Supports properly arranged—that the whole may be attended to under one comprehensive Prospect—The particular Mode for obtaing & forwardg the Evidences which are to be taken in the Case has been already pointed out in the abovementioned Letter of the 5th ulto3—On Compliance with the above Order a Court Martial will be instituted when I hope this troublesome Affair will have an Issue.4 I am &c.
Df, in Jonathan Trumbull, Jr.’s writing, DLC:GW; copy (extract), NHi: McDougall Papers; Varick transcript, DLC:GW. For the extract, see n.3 below.
1. See GW to Fowler, 5 May; see also GW to Daniel Brodhead, same date, and n.5.
3. The extract ends at this point.
4. Fowler subsequently wrote GW from Pittsburgh on 28 June: “I was Honored with your Excellenceys Letter of the 5th of May, and shall agreeable thereto specify my Charges against Mr David Duncan, the Assistant to the Deputy Quarter Master General, as soon as the Necessary Accounts and Vouchers are returned from Philadelphia, for which I have Wrote to the Quarter Master General as well as the Board of Treasurey. I wish may it please your Excellencey to bring home the proofs and Convict on such Grounds as may create unanimity and leave the Court without doubts.
“As to Colonel Brodhead, he had left this place before the arrival of your Excellenceys Letter, therefore as Law, as well as Custom require Colonel Brodheads presence at the taking of the deposition, so that he may have an opportunity of interrogating, and Cross examing the Deponents—nothing can be done respecting that Gentleman untill his return, when Specifick Charges shall be exhibited against him, and such Depositions taken and transmitted to the Judge Advocate General in Support of them, as I make no doubt will be found tantamount to the Accusations, and satisfactory to the Court.
“I have hitherto officiated as Deputy Judge Advocate in this Department, therefore the Deputation from the Judge Advocate General came properly directed to me. However the Commanding Officer here Colonel Gibson, thinks it improper that I should Act in the double capacity of Judge Advocate and Prosecutor. For my own part, may it please your Excellencey, I should imagine that—by officiating as Deputy Judge Advocate—I naturally become the Prosecutor of a Publick Delinquent: But I wish that Colonel Brodhead and Mr Duncan may have every Indulgence, and therefore humbly submit this point to your Excellency, and the Judge Advocate General” (ALS, DLC:GW). GW ordered Fowler on 6 Sept. to cease acting as deputy judge advocate in this case (DLC:GW).