Knox, Henry (1750-1806) to Sir Guy Carleton
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Gilder Lehrman Collection #: GLC02437.01513 Author/Creator: Knox, Henry (1750-1806) Place Written: s.l. Type: Autograph letter signed Date: 31 July 1782 Pagination: 3 p. : docket ; 32 x 20 cm. Order a Copy
First two pages are from an unsigned letter written by Major General Knox to General Carleton, the commander of the British Army. The third page is a signed note to Washington on 31 July 1782. References Carleton's previous letter which contained a request for a passport to be forwarded to Chief Justice Smyth so he could bring the trial transcript and his explanatory comments to the Americans. This is probably a reference to the court martial proceedings against Lippincott, who the Americans claimed was responsible for the killing of Captain Joshua Huddy. Hopes that Carleton will punish the perpetrators of the "murder." Questions why a civil judge's explanations and comments are needed in this matter of military justice. Says he has no equivalent person to deal with Smyth, so asks that a someone with a military background be sent. Appoints General [William] Heath to communicate with whoever is sent. The note to Washington says he is passing this along to keep him informed. Responding to received trial proceedings and proposal from Carleton on handling the matter.
[draft]
Sir
I have had the honor to receive your Excellencys favor of the instant, containing a proposition to me to forward a passport for Mr Chief Justice Smyth who would bring with him the minutes of the trial of Lippencut [and] [strikeout] other documents relating [struck: to the trial] [inserted: it] [inserted and struck: matter] and make such explanations as would be satisfactory
For the sake of the [struck: violated] rights of humanity [struck: and justices] I have hitherto [suspected] the execution of my original determination on this subject, from a hope which I presume was well grounded on your Excellencys [character] that you would take the most decided steps to [punish] such an outrage in the Laws of War as tend to involve all transactions in the honor [struck: of the most barbarious ages] [inserted: and barbarity of the darkest ages.] The hope still exists that you will be punishing the [struck: prepe] perpretators [sic] of this flagitious murder, [prevent] my having recourse to a measure which however [2] justifiable, [struck: and inevitable], will be considerd by me as an act of [struck: the most] painful necessity.
The trial having been by a military tribunal, the propriety of admitting of explanations [inserted: & comments] by a chief Justice of a court of civil jurisdiction does not appear to me evident, and as I have no Gentleman of that description under my direction I have to request your excellency to approve some military officer of rank to execute your intentions. I shall on my part appoint General Heath, [inserted: the second in command] and if agreable [sic] to you [struck: he meet at on] they may meet at on
General Sir Guy Carleton
[3] Dear General
It is with the greatest diffidence I submit the enclosed to your excellency Nothing by your request could have induced me to attempt it and even now it is by no means fully [to my mind] if it should be of the least service I shall be amply repaird-
I am Dear sir
with great respect
your
HbleSvrt
HKnox
31 July 1782
His Excellency
General Washington
[docket]
To His Excellency
General Washington-
31 July 1782
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