To George Washington from David Duncan, 18 August 1781
Pittsburg Augt 18th 1781
Sir
I have inclosed you the Copys of two letters, One from Col. John Gibson, and the Answer to it from Mr Fowler in respect to my being arrested & Try’d, from which you will See how far Mr Fowler has Complied with the Letters and orders you sent him, I cant imagine with what propriety Mr Fowler can ask to sit Judge advocate on my Tryal, and he the Prosicutor, all I can expect or even wish is to have a fair & honest tryal from your Letter to Mr Fowler, its he thats to exhibit the Charge.
I shall therefore submitt the Matter to you, & hopes you will Order this matter, as you may see it will answer to do Justice to both Col. Brodhead & me. One thing I have to remark, as Mr Fowler is to exhibit the Charge against me, he must mark himself as prosecutor on my Charges against me and Mr Johnston who act as Clerk to me as he reports it—I am surprized that Mr Fowler cant lay the same Charges now, as when I was ordered to be arrested by you—I am very sorry to give your Excellency so much Trouble about this Matter as you have had, & I am affraid it an’t yet at An end, I submitt the whole matter to your self both in respect of my Tryal and Who is to be Judge advocate, on the Tryal. I have the Honor to be, your Excellencies Most Obedient and most Hble Servt
David Duncan
A.Q.M.
DLC: Papers of George Washington.
Enclosure
Head Quarters Fort Pitt June 29th 1781
Sir
A General Court Martial is now Sitting, I would Therefore request if you have any Charges to exhibit against Mr David Duncan, or any other person, you would send them to me, that I may have them Arrested, And brought to tryal, and that I may Comply with the Orders I have recieved, from his Excellency the Commander in Chief. I have the Honor to be your Humble Servant
John Gibson Col.
Comdt F. Pitt
A Copy
Enclosure
Fort Pitt June 30th 1781
Sir
From his Excellency the Commander in Chief’s letter of the 5th May, it appears that the deputation from the Judge Advocate Genl was directed to me, as hitherto Officiating as Judge Advocate at this Post—I expect therefore to prosecute Mr David Duncan, as Deputy Judge Advocate But Sir: as you thought there was an Impropriety in my Officiating in that Capacity as prosecutor, I have submitd this Point to his Excellency, and the Judge Advocate General. In the mean time as I have Inform’d you, the Necessary papers that I want, and must have, to support a Princip[:] Charge which I purpose exhibiting against Mr Duncan, are sent for, and must arrive here, before I shall specify Any Charges against him, and ’till then he ought not to be Arrested—At the same time I beg leave to acquaint you, that I shall exhibit a Charge, against Mr John Johnston, a Clerk to Mr Duncan. I have Transmitted you a Charge against Lt Archd Read, Pay Master of the 8th Pennsyla Regt and when the Count is ready for the Tryal of that Gentleman, shall appear in Support of it. I have the Honor to be Sir yr Most Obt Hble Servt
A. Fowler
A.W.D.
A Copy