Pittsburgh 28th June 1781
I was Honored with your Excellencys 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 Treasury. I wish may it please your Excellency 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 requires Colonel Brodheads presence at the taking of the deposition, so that he may have an oppertunity 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 Prosecuter. For my own part, may it please your Excellencey, I should imagine that—by officiating as Deputy Judge Advocate—I naturally become the Prosecuter 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. I have the Honor to be with the greatest Attachment & Respect, Sir, Your Most obedt Humble Serv.
DLC: Papers of George Washington.