Head Quarters, Philadelphia, March 2, 1782.

    Sir: I received yesterday your Letters of the 8th and 9th of Feby. and have duly noticed the contents of them.

    Altho the first Orders for holding the Court Martial for your trial directed the Court to assemble at West Point, yet by an after Order of the same day (which, I am informed was regularly transmitted from the Orderly Office) permission was given for it, to be holden at West Point, or some convenient place in its vicinity. This was done solely for the greater convenience of all concerned; and I hoped the spirit of accommodating one another, would have prevailed so far as to have prevented any trouble on that account.

    I have written to General Heath to cause Copies of such Returns and Official Papers to be furnished to you, as may be necessary in the course of the trial; by this means the difficulties on that head will be obviated.

    It would be a matter of great concern to me, that a practice should prevail of publishing to the World the opinions which are given in Councils of War, as I have always considered the transactions on such occasions to be, under the inviolable sanction of secrecy and honor; however if you judge a Copy of the Minutes of the Council of War, which was held on the 12th of Septr 1776 essential to your defence, I shall comply with your request; and have given directions to Colonel Varick my Recording Secretary, for that purpose. I am etc.

    P.S. I have recd your Letter of the 24 of Feby. ⁴¹

[Note:The draft is in the writing of David Humphreys. ]