Because one of the Parties was not notified or present at
the same, consequently the trial ex parte unconstitutional and
illegal on every principle.
Secondly Because there was not one Witness at the Trial who will
pretend he even had it in his Power to disprove one of the
Charges in the Complaint.
Thirdly with the greatest Respect to Congress they had not the
least Right to take cognizance of the Crimes enumerated in my
complaint, for the truth of this assertion I beg leave to refer
them to the military Laws by them compiled and instituted for the
Regulation of the Army, which are the only security and
protection of the Officers and Soldiers belonging to the same,
consequently no other Court or Tribunal would have any Right to
take cognizance of the Crimes enumerated but that of a Court
Martial, and therefore the trial of the Genl. above recited was
strictly a nullety to all intents and purposes it being Coram non
Judice. However should Congress be of a Different opinion with
respect to this Matter, and that that the Trial of Genl. Arnold
was legal & constitutional, he then expects that Congress will
give him the same indulgence and latitude, and that he may be
heard by congress on the subject of his Impeachment of Genl.
Arnold, in which Case the General's presents & witnesses will not
be necessary. Your Petitioner therefore esteems it as a very
great grieveance that the Honle. Congress by the trial aforesaid
have resolved and published and authorised Genl. Arnold to
publish to the World that he your Petitioner has been guilty of
making and publishing false and groundless aspertions agt. a
general Officer, when at the same time every article in the
Complaint was sacredly true, and would have been proved so had a
proper tribunal been obtained, of which Genl. Arnold was well
apprised. 'Tis possible that Genl. Arnold might have suggested to
Congress that your Petitioner was not an Officer at the time of
trial afd. as to this Matter your Petitioner has not as yet been
informed whether his Resignation has been accepted or not, indeed
he cannot suppose it compatible with the Wisdom Dignity and
Justice of Congress to descharge any of their Officers for the
Reason set forth in your Petitioners Letter accompanying his
Resignation as he then st
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