Title: From Alexander Hamilton to Caleb Swan, 30 October 1799
From: Hamilton, Alexander
To: Swan, Caleb

Sir
New York October 30. 1799

I recur to your several letters of the 19 of September 5th. 22d and 25th of October.
The characters which have been brought into my view most prominently as proper for the Office of Deputy Pay Master General, within my command, are Major Huntington of the 13th Regiment and Capt Williamson of the Dragoons. I am well satisfied that each of these Gentlemen is qualified for and worthy of the trust. You are to make the election and ascertain the willingness to accept. I will only observe that if equally agreeable to you I had rather that a Captain than a field Officer should be taken from his corps for the purpose. Yet I am not strenuous on this point. But I am so that no time should be lost in making an appointment.
It is in my opinion most adviseable that there should be only one deputy Pay Master General to a distinct command—that is to say one to mine and one to General Pinckneys (there is already one to General Wilkinson’s) who ought to be an appendage of Head Quarters and who can easily arrange with detached stations. For Example—
A batalion is allotted to the lower posts on the Mississippi. There the Regimental Pay Master will have his station. Money can be remitted to him in this mode (viz.)—The Deputy Pay Master General (Capt Vance) can send him from time to time bills drawn by himself upon you in favour of the Regimental Pay Master who can indorse and negotiate them. The unity of operation will then be preserved under the check of the Superior. Similar expedients will answer every where.

The appointment of Regimental Pay Masters for the two Regiments of Artillerists and the Dragoons has naturally relieved you from the embarrassments you mention in your letter of the 5 of October.
Lt. House has been instructed under your direction to take charge of the Pay of the Infantry at Fort McHenry at Norfolk and at West Point. As to Niagara by an arrangement now making there will be there this Winter Two Companies of Infantry & half a company of Artillerists. The companies of Infantry which will include Lt. Vischers party will be incorporated in the first Regiment of infantry. The Pay Master of this Regiment will naturally be the organ of Payments to those Companies.
I am glad to learn from your letter of the 25 the measure which you had adopted for making Payment to the 8th. and 9th Regiments. But there is one sentence of your letter which gives me disquietude. Informing me that you are to send one of your Clerks, you add “By this mode I may expect a regular account of the money on such documents as the law and my instructions require at my hands.” It would seem from this that as to those Regiments to which you had not sent a Clerk (as the 6th 14. 15 &c) you intended to make the documents to which you allude a preliminary to the transmission of money. This, if so, is contrary to the expectation you gave me in a former letter and which announced to all the Regiments—namely that money for the arrears would be forwarded upon estimate. I hope I am mistaken as to your present plan—for I should be much dissatisfied to have been made the organ of any expectation which should not be fulfilled. This must not be the case.
The temporary departure from form is now & then indispensable & right. An officer at the head of an important branch of the Military service who should lay it down as an absolute rule never to deviate would produce inconveniences nearly as great as one who should entirely disregard system. An extraordinary responsibility must sometimes be assumed. And for reasons heretofore given the present is a proper case for assuming it.
With great consideration & esteem &c


Title: From Alexander Hamilton to James McHenry, 31 October 1799
From: Hamilton, Alexander
To: McHenry, James

Sir
N. Y. Oct. 31. 1799

I have the honor to send you the arrangement which has been proposed by General Wilkinson and approved by me; subject to a negative from your Department, previous to his Departure. This mode has been adopted to accelerate his return.
In a few instances, transfers of Officers from one Regiment to another are made in order to avoid as much as possible the separation of Officers from men. But care has been taken, as to preserving to the Officers respectively equal chances of promotion in the new as in the old relative Situation.
With great respect &
The Secy. of War


Title: From Alexander Hamilton to Nathan Rice, 31 October 1799
From: Hamilton, Alexander
To: Rice, Nathan

Sir:
N York Octor 31st 1799

I have received your several letters of the twenty third of September and of the fourth and eighth of October.
No particular rules were laid down for the government of the Colonels and Majors in the arrangement of relative rank as it was supposed that they wod. naturally take into consideration all circumstances which, in a military point of view, give one man the preference to another. Former service is certainly to have weight, and where there is no material difference of character, is to govern the decision. Officers of a subsequent will rank after those of a prior appointment.
The Majors are all of one grade. There will be however between them a priority of rank, and this priority will be determined by the principles of rank heretofore promulged when they come to be applied to particular cases.
With great consideration


Title: To Alexander Hamilton from Caleb Swan, 31 October 1799
From: Swan, Caleb
To: Hamilton, Alexander

Trenton, October 31, 1799. “The Express was on the point of departure with Money for the 8th. & 9th. Regiments, when Major Bradley arrived here and informed me that Mr. Bent Pay Master to Coll. Parkers Regiment was on the way to this Place and would be here on saturday Evening, which induced me to Suspend Sending him, as he would probably have missed the Pay Master on the Road and therefore in some measure defeated the objects of both for a few days. Money will be sent by him for the 9th at the same time. I have offered Capt. Williamson the Deputy’s appointment at your Head Quarters.…”


Title: From Alexander Hamilton to James Wilkinson, 31 October 1799
From: Hamilton, Alexander
To: Wilkinson, James

Sir
New York Oct. 31st. 1799

In order to enable you to regulate your requisitions upon the contractor for supplies of provisions, I give it as my opinion that the recruits which you may expect to reinforce your command, and which will arrive at Pittsburgh will be, in all May, Eight hundred, and in each successive month one hundred more, till your command shall be complete. Of their progress afterwards you can best judge.
Considering the high pay which is allowed to our troops, I do not perceive it to be necessary to make them extra compensation for any service immediately relative to their proper duty, which they perform by way of tour as the working on fortifications &c. If a Soldier, not engaged as an Artificer, is employed as such, he ought to receive an addition to his pay which will make his allowance equal to that of an Artificer on the establishment.
In cases where from the smallness of the garrison and other special circumstances, Services usually performed by tour, are of necessity performed for a length of time by the same persons, it is proper to allow an extra compensation; for this the rate of two Dollars per month is deemed Sufficient; And the practice ought to be restricted as much as possible.
The addition of half a gill of rum in all cases of fatigue service is an established and reasonable practice.
The above compensations, where they occur, will be properly defrayed out of the funds for the Quarter Master’s Department.

The Superintendants and their Agents are to make requisitions for Indian provisions, but the ultimate controul of the supply must remain in the Military Officers, so far as to take care that the due supply of the troops is not really hazarded.
Experience has shewn that the best way of adjusting compensations, for property converted to the use of the Public, is by a specifick agreement with the proprietors, and it is commonly better to give in this way some what more than the thing is worth than to refer to arbitration, which seldom fails to do much more than justice to private owners. The Agent for making the Agreement would naturally be the representative of the Quarter Master under the direction of the commanding Officer.
If an agreement cannot be made the point may be left to three discreet men mutually chosen. But in such a submission it ought to be precisely stipulated, that nothing more is to be allowed than the mere value of the ground as such, without reference to the use to which it is dedicated by the Public; and the Arbitrators ought to be bound by oath.
It is, no Doubt, agreable to military usage that Boats passing and repassing a frontier post should be brought to & examined. This usage is so clear and the reasons for it so cogent, that though there may be question under our form of Government as to the right of the Military commander, I think it proper to give an approbation to your having the practice kept up until the Executive Government or Judicial Decisions should pronounce against its legality.
But I trust, that the establishment of a Custom house at Loftus’s Heights will speedily obviate the difficulty.
The construction of General Courts Martial requires absolutely a Judge Advocate. If you deem it necessary at your Head Quarters you may designate an Officer to officiate in this Capacity, & it must be confided that the War Department will sanction some moderate extra compensation for this special service of skill.
You think a Superintendant of the Artizans and labourers upon the works erecting, and to be erected on Loftus’s height, who is not a military Officer, ought to be employed. In general the employment of extra Agents is to be avoided. But if from the Special circumstances, best known to you, you deem it a proper measure in this instance you will pursue it. I have directed the Paymaster General to furnish bounty Money, and the Superintendant of military Stores, Cloathing for recruiting & reinlisting within the limits of your command, to the extent of five companies.
With great consideration & Esteem   I am Sir   Your obedt. Servant
A Hamilton
General Wilkinson


Title: From Alexander Hamilton to James Wilkinson, 31 October 1799
From: Hamilton, Alexander
To: Wilkinson, James

Sir
New York October 31. 1799

The copious explanation which have been had between us in conversation on the subjects of your several communications of the 6th. of September 12th. 15. 19th. & 27 instant will abrige the observations naturally connected with the plan which has been adopted as the result and which forms the object of the present instruction.
This plan, as you know, has the same basis with that which has been presented by you. As far as there may be variances in the application of principles collateral considerations have chiefly influenced.
It is contained in the inclosed paper A. The letters between the Secretary of War and myself, of which B C D & E are copies, exhibit the views which have reciprocally governed.

In the execution of this plan many details arise which I do not enter into because they will most properly be left with you. Neither would I be understood to require a literal execution. The great outline is, under existing circumstances, to be adhered to—but you are at liberty to deviate in details which do not contravene the leading objects.
I will only remark that it is deemed material, that no greater force than the plan contemplates shall be assigned to the posts below the confluence of the Ohio with the Mississippi; and that the reserve force shall not be stationtd more Westward or Southward than the vicinity of the rapids of the Ohio.
That vicinity, as passing the obstacles of the navigation above and facilitating a communication with the posts below, presents itself to ⟨consideration⟩ in a favourable light. But there are ⟨– – –⟩ station higher up, which you will ⟨– – –⟩ your election agreeably to the final ⟨– – – –⟩ shall take of the subject.
A question arises whether the North or the South side of the Ohio should be preferred. In favour of the latter is the important consideration, that by the contract for the ensuing year the ration is at least 2 Cents & 8 Milles cheaper there than on the North side. On the other hand, it is possible that the troops there may be exposed to vexations and in danger of seduction from the arts of disaffected persons which might not attend them in the opposite territory. But these inconveniencies do not appear likely to be so great as to counteract so considerable a difference in the price of the ration though they might be allowed to prevail against a small difference. Unless therefore there should be some important alteration in this particular I recommend to you the South side for the station of your Reserve-Force.
It will be my endeavour to engage the administration to organise in Tenassee, Kentucke the North and South Western territories two Regiments of Infantry a batalion of riflemen and a Regiment of Dragoons under the Act which provides for an Eventual Army. This, if effected, may afford a powerful auxiliary for defensive or offensive measures as future exigencies may dictate.
The recruiting for the Corps of which your command is to be composed demands and has my particular attention. You are apprised, that the business is going on under Major Bradley in North Carolina and Virginia, under Major Cass in the State of Delaware and under Major Buel in the state of Vermont. In addition to this, I have proposed to the Secretary of War to send to the Westward bounty money and cloathing for reinlisting and recruiting to the extent of a full Regiment. The troops of Dragoons contemplated by the plan ⟨proposed are⟩ to be embraced by this ⟨– –⟩ no ⟨– – – –⟩ proposition has ⟨– – – –.⟩
There are small detachments of Recruits for the Infantry of the permanent establishment at Norfolk in Virginia Frederick Town in Mary land and at West Point in the State of New York which as soon as practicable will reinforce the army under your command. And exertions, efficacious as I trust, will be made to complete the force allotted to you and to have it on the ground early in the next temperate season.
The new organisation of the Officers of the four Regiments which you have suggested has been transmitted to the Secy of War with an expression of my opinion in its favour. If you hear nothing to the contrary from that Officer previous to your Departure for the Mississippi, you will consider the plan as ratified & You will give it effect within your command. If however in the execution you find small deviations expedient you will make them, reporting to me the instances and the motives.
The Inspectors of Divisions and Brigades recommended by you are appointed. The affair of Judge Advocate has not yet been definitively acted upon.
The propriety of strongly fortifying Loftus’s Heights being on all sides admitted, so far as the force which can be allotted for this object will permit, it remains to say something concerning the kind of fortification.
Professing no skill as an Engineer, and as a consequence of the improvidence of our national policy in time past possessing no competent aid in others, I shall attempt nothing more than to offer hints. Indeed a critical view of the local situation in all its bearings, not merely as representation on paper of the part which looks towards the River, ought to guide and regulate the plan which is to be definitively adopted. This therefore must be left to you with the help of the best lights you have or can procure.
But I will observe that it appears to me adviseable to occupy the summit of the height with a Fort or Redoubt in nature of a Citadel adapted to a garrison of four hundred men and capable, as far as possible, of resisting by its construction a coup de main and of obliging an enemy not in a condition to make considerable sacrifices of men to attack it in form.
This redoubt with a battery towards the River at the point F in the plan you have furnished is as much as can be immediately undertaken. In process of time if the relative situation of Territorial boundary remains as it now is, it will probably be necessary to extend from this Citadel in different directions out works, which in conjuction with the Citadel will require a thousand men for their defence. This operation may be a successive one.
The idea of resisting a seize presupposes a work of solid materials as well as of regular design. You have stated that Brick is of easy Fabrication in the vicinity. Wood of an elastic quality, it is presumed, may also be procured with facility. A revetement of Brick with an interior of wood and earth mingled will form a strong fortress—at a moderate expence. Your Estimates of the expence of a Water Battery barracks and magazine present a total of 16024 Dollars; and you compute that a similar sum will suffice for a work such as you contemplate. I have ⟨in⟩formed the Secy of War that you would be authorised by me to incur an expence not exceeding this sum—for the purpose in question unless he should signify his negative to you before your departure. But while this sum is given to you as a limit it is not believed that the object may be accomplished for less and it is not doubted that you will exert yourself to have it done as cheaply as possible.
In this place, an answer to your inquiry as to the proper employment of the soldiery very fitly occurs. Doubtless utility and usage both unite to recommend the employment of the soldiery in the construction of works as far as may be practicable. Not to do it must tend to an augmentation of expence which the finances of no country can bear; besides that it is to foregoe a powerful instrument already prepared for accomplishing the object.
I do not overlook the obstacle from the climate which you mention in ref[er]ence to our Southern frontier. But for a great part of the year I must hope that this obstacle is not formidable. If the heats of July and August and the Sultry damps of September should drive us during that period to another resource; yet the residue of the year it is hoped will permit the labour of the troops to be employed with advantage. I am well informed that on the Sea board of South Carolina and Georgia the season from November to April inclusively is deemed unexceptionable for the employment of troops in laborious operations.
In the three months which have been mentioned it may be requisite to hire the labour of Negroes but even then there may be things to which that of whites can without injury be applied.
In general the idea must be to construct the works by the labour of the soldiery. The resort to a different aid must be by way of exception to be used as little as possible. Circumstances may be permitted to decide in each case whether to continue any works with the aid of blacks during the hot season or to suspend them till the return of a season favourable to the exertions of Whites.
You will find in my letter to the Secretary doubts as to the permanent maintenance of Fort Stoddard. That part of the plan, which conforms to the disposition you have made, calls for your careful revision. You will ascertain the practicability of a safe and easy interior communication; without more expence to prepare it than the advantage may be worth. There is an instrinsically strong objection to the keeping of a post to which the access must be through a foreign territory.
The importance of securing and commanding the confluence of the Rivers Tenassee & Cumberland with the Ohio and of the latter with the Mississippi has been duly felt by you. The selection of a spot the most eligible for a strong fort with a view to this object and the kind of work which it will be proper to establish are worthy of your early and careful attention. You must however bear in mind that it is to be successively effected by the labour of the troops. A garrison of five hundred men may be the standard of the dimensions. You will report to me the result of your investigations on this subject.
In a permanent arrangement for the Gallies watermen ought to be engaged for the mass of the crew. Perhaps some soldiers may be employed as auxiliaries without inconvenience and with saving. A provision by law is requisite for the first purpose. You will order the Gallies to such situation as you judge best.
You are informed that the Artillery you have requested for Fort Adams with correspondent ammunition & stores have been ordered and are to embark with you for the Miss[issi]ppi. It will be my endeavour that Such other Artillery as may be necessary in conformity with the general plan shall be forwarded as soon as possible. As to the Artillery and stores now at the several Western Posts it is your province to have them disposed of as you deem most adviseable.
I have desired E Stevens Esqr to procure the Mathematical Instruments which you have requested. A regular Military Academy appears to me indispensable and will command in reference to the ensuing session of Congress my best exertions for its establishment. This meets your suggestion as to Mathematical Teachers.
The General Orders issued by you which you have submitted to my perusal have been considered. They appear to me proper. But as I intend to prepare in the course of the Winter a code of Regulations which will embrace their objects I forbear to give any formal sanction to them at this time. They will remain in force by your authority.
Your Convention with the Spanish Governor respecting Deserters considered as a temporary arrangement appears to me a measure of convenient operation. Yet it is beyond my powers to give it an authoritative sanction; and I have concluded not to ask one from the government, from the opinion that it is best it should retain the shape of a mere military arrangement between the local commanders. In this respect I do not hesitate to advise that it may continue to be executed.
I understand that arrangements have been made which will satisfy a portion of the arrears of pay which you state to be due to the troops in the Western Quarter. The subject shall not cease to occupy my anxious attention. It is impossible to feel more strongly than I do the extreme impolicy of permitting large arrears to accumulate.
The affair of boats to be provided & kept ready for the transportation of troops upon an emergency will be matter of future instruction.
Should the Spanish Governor or Commander object to the conveyance of your Artillery and stores to their destination—you will make a formal & peremptory requisition of free passage on the basis of Treaty and persevere in it till there shall be an unequivocal refusal, when you will send back the Vessel with those Articles to Savannah in Georgia all addressed to the Commanding Officer of the Artillery of the UStates at that Place.
Your own permanent station will of course be with your reserve force; and it is expected that you will lose no time in repairing to it as early as may be after the coming Winter.
In the mean time, it is necessary for you to concenter all the upper posts under the superintendence of the Officer next in seniority and to assign to him such a position as will facilitate a communication with me for the transmission of returns and information; taking care to let him understand that he is no more than your organ—an idea to which I shall be scrupulously attentive on my part.
The policy of our Government towards Spain continues as heretofore pacific and conciliatory. You will of course give the same character to your proceedings, as far as may depend upon you.
By a communication from the Secy of War, some time since received, it is indicated that the management of Indian Affairs is exclusively reserved to the Superintendants and their Agents; the Military Officers to be auxiliary but only so as to imply no controul of Military Operations. It will be expedient nevertheless that all issues to Indians at Military Posts should appear in returns from them; not confounded ⟨with⟩ the issues for the Military but distinct. You will as far as may depend upon you give effect to this system, with a spirit of accommodation. Emergencies really extraordinary must always be exceptions to a general plan. These must be left to the Discretion of a Military Commander at his peril. In regard to the Citizens of the Western Country, as far as your agency may be concerned you will do every thing to foster good Will and attachment towards the Governments of the UStates. A firm and cordial Union is certainly the vital interest of every part of our Country.
I conform in an especial manner to the views of the Administration, and to the deep impressions of my own mind derived from a full consideration of the comparitive resources and necessities of our Country, when I recommend to you in every arrangement a careful regard to œconomy. Without it, our government cannot maintain the institutions or pursue the measures which are essential to its security and welfare. Without it, the Condition of its Military force can neither be respectable nor satisfactory. The interest of the army as a corps concurs with that of the public at large to enforce the practice of œconomy as a primary duty. I entertain a full confidence that your conduct will always evince a due sense of its importance, and that it will not cease to be your study in this and in every other matter to deserve the confidence and estimation of the Government.
Sir   Yr. Obed Ser


Title: From Alexander Hamilton to Jonathan Dayton, [after 21 December 1799]
From: Hamilton, Alexander
To: Dayton, Jonathan

[New York, after 21 December 1799]

An Accurate view of the internal situation of the UStates presents many discouraging reflections to the enlightened friends of our Government and country. Notwithstanding the unexampled success of our public measures at home and abroad—notwithstanding the instructive comments afforded by the disastrous & disgusting scenes of the french Revolution, public opinion has not been ameliorated—sentiments dangerous to social happiness have not been diminished—on the contrary there are symptoms which warrant the apprehension that among the most numerous class of citizens errors of a very pernicious tendency have not only preserved but have extended their empire. Though something may have been gained on the side of men of information and property, more has probably been lost on that of persons of different description. An extraordinary exertion of the friends of Government, aided by circumstances of momentary impression, gave in the last election for members of Congress a more favourable countenance to some states than they had before worne. Yet it is the belief of well informed men that no real or desirable change has been wrought in those States. On the other hand it is admitted by close observers that some of the parts of the Union which in time past have been the soundest have of late exhibited signs of a gangrene begun and progressive.
It is likewise apparent that opposition to the government has acquired more system than formerly—is bolder in the avowal of its designs—less solicitous than it was to discriminate between the Constitution and the Administration—more open and more enterprising in its projects.
The late attempt of Virginia & Kentucke to unite the state legislatures in a direct resistance to certain laws of the Union can be considered in no other light than as an attempt to change the Government.
It is stated, in addition, that the opposition-Party in Virginia, the head Quarters of the Faction, have followed up the hostile declarations which are to be found in the resolutions of their General Assembly by an actual preparation of the means of supporting them by force—That they have taken measures to put their militia on a more efficient footing—are preparing considerable arsenals and magazines and (which is an unequivocal proof how much they are in earnest) have gone so far as to lay new taxes on their citizens.
Amidst such serious indications of hostility, the safety and the duty of the supporters of the Government call upon them to adopt vigorous measures of counteraction. It will be wise in them to act upon the hypothesis that the opposers of the Government are resolved, if it shall be practicable to make its existence a question of force. Possessing as they now do all the constitutional powers, it will be an unpardonable mistake on their part if they do not exert them to surround the constitution with new ramparts and to disconcert the schemes of its enemies.
The measures proper to be adopted may be classed under  heads:
1 Establishments which will extend the influence and promote the popularity of the Government.
Under this head three important expedients occur—1 The Extension of the Judiciary system. 2 The improvement of the great communications as well interiorly as coastwise by turnpike roads. 3 The institution of a Society with funds to be employed in premiums for new inventions discoveries and improvements in Agriculture and in the Arts.
The extension of the Judiciary system ought to embrace two objects—one The subdivision of each state into small Districts (suppose Connecticut into four and so in proportion) assigning to each a Judge with a moderate salary—the other the appointment in each Country of Conservators or Justices of the Peace with only Ministerial functions and with no other compensations than fees for the services they shall perform.
This measure is necessary to give efficacy to the laws the execution of which is obstructed by the want of similar organs and by the indisposition of the local Magistrates in some states. The constitution requires that Judges shall have fixed salaries—but this does not apply to mere Justices of the peace without Judicial powers. Both those descriptions of persons are essential as well to the energetic execution of the laws as to the purpose of salutary patronage.
The thing would no doubt be a subject of clamour, but it would carry with it its own antidote, and when once established would bring a very powerful support to the Government.
The improvement of the roads would be a measure universally popular. None can be more so. For this purpose a regular plan should be adopted coextensive with the Union to be successively executed—and a fund should be appropriated sufficient for the basis of a loan of a Milion of Dollars. The revenue of the Post office naturally offers itself. The future revenue from tolls would more than reimburse the expence; and public utility would be promoted in every direction.
The institution of a society with the aid of proper funds to encourage Agriculture and the arts, besides being productive of general advantage, will speak powerfully to the feelings and interests of those classes of men to whom the benefits derived from the Government have been heretofore the least manifest.
2 Provisions for augmenting the means and consolidating the strength of the Government.
A Milion of Dollars may without difficulty be added to the Revenue, by increasing the rates of some existing indirect taxes and by the addition of some new items of a similar character. The direct taxes ought neither to be increased nor diminished.
Our naval force ought to be completed to six Ships of the line Twelve frigates and twenty four sloops of War. More at this juncture would be disproportioned to our resources. Less would be inadequate to the end to be accomplished.
Our Military force should for the present be kept upon its actual footing; making provision for a reinlistment of the men for five years in the event of a settlement of differences with France—with this condition that in case of peace between Great Britain France and Spain, the UStates being then also at peace, all the Privates of twelve additional Regiments of Infantry and of the Regiment of Dragoons exceeding Twenty to a Company shall be disbanded. The corps of Artillerists may be left to retain the numbers which it shall happen to have; but without being recruited until the number of privates shall fall below the standard of the Infantry & Dragoons. A power ought to be given to the President to augment the four Old Regiments to their War Establishmt.
The laws respecting volunteer Companies & the Eventual army should be rendered permanent and the Executive should proceed without delay to organise the latter. Some modifications of the discretion of the President will however be proper in a permanent law. And it will be a great improvement of the plan if it shall be thought expedient to allow the inlistment, for the purpose of instruction, of a corps of serjeants equal to the number requisite for the Eventual Army.
The Institution of a Military Academy will be an auxiliary of great importance.
Manufactories of every article, the woolen parts of cloathing included, which are essential to the supply of the army ought to be established.
3 Arrangements for confirming and enlarging the legal Powers of the Government.
There are several temporary laws which in this view ought to be rendered permanent, particularly that which authorises the calling out of the Militia to suppress unlawful combinations and Insurrections.
An article ought to be proposed to be added to the constitution for empowering Congress to open canals in all cases in which it may be necessary to conduct them through the territory of two or more states or through the territory of a State and that of the UStates. The power is very desireable for the purpose of improving the prodigious facilities for inland navigation with which nature has favoured this Country. It will also assist commerce and agriculture by rendering the transportation of commodities more cheap and expeditious. It will tend to secure the connection by facilitating the communication between distant portions of the Union. And it will be a useful source of influence to the Government.
Happy would it be if a clause would be added to the constitution, enabling Congress on the application of any considerable portion of a state, containing not less than a hundred thousand persons, to erect it into a separate state on the condition of fixing the quota of contributions which it shall make towards antecedent debts, if any there shall be, reserving to Congress the authority to levy within such state the taxes necessary to the payment of such quota, in case of neglect on the part of the State. The subdivision of the great states is indispensable to the security of the General Government and with it of the Union. Great States will always feel a rivalship with the common head, will often be disposed to machinate against it, and in certain situations will be able to do it with decisive effect. The subdivision of such states ought to be a cardinal point in the Fœderal policy: and small states are doubtless best adapted to the purposes of local regulation and to the preservation of the republican spirit. This suggestion however is merely thrown out for consideration. It is feared that it would be inexpedient & even dangerous to propose at this time an amendment of the kind.
4 Laws for restraining and punishing incendiary and seditious practices.
It will be useful to declare that all such writings &c which at common law are libels if levelled against any Officer whatsoever of the UStates shall be cognizable in the Courts of UStates.
To preserve confidence in the Officers of the General Government, by preserving their reputations from malicious and unfounded slanders, is essential to enable them to fulfil the ends of their appointment. It is therefore both constitutional and politic to place their reputations under the guardianship of the Courts of the United States. They ought not to be left to the cold and relucant protection of state courts always temporising sometimes disaffected.
But what avail laws which are not executed? Renegade Aliens conduct more than one of the most incendiary presses in the UStates—and yet in open contempt and defiance of the laws they are permitted to continue their destructive labours. Why are they not sent away? Are laws of this kind passed merely to excite odium and remain a dead letter? Vigour in the Executive is at least as necessary as in the legislative branch. If the President requires to be stimulated those who can approach him ought to do it.


Title: General Orders, 1 November 1799
From:
To:

[New York, November 1, 1799. On November 4, 1799, Hamilton wrote to Charles Cotesworth Pinckney: “I send you … an order of the 1st. inst. issued by me respecting the General Disposition of the Army.” General Orders not found.]


Title: From Alexander Hamilton to Caleb Swan, 1 November 1799
From: Hamilton, Alexander
To: Swan, Caleb

New York, November 1, 1799. “When I was at Trenton I considered it as perfectly understood between you and me that those officers of the old regiments to whom arrears of pay are due should receive the sums to which they are entitled immediately from your hands. I have been since informed that you decline this and refer the officers to their regimental Paymasters. They are of course left without the means of joining their respective corps. This surprises me the more as I considered the business, when I left Trenton, to be finally settled. I do therefore expect that all officers of the old regiments to whom arrears of pay are due will immediately receive what they are entitled to.”


Title: To Alexander Hamilton from James McHenry, 2 November 1799
From: McHenry, James
To: Hamilton, Alexander

War Department, Trenton, November 2, 1799. “I received this morning your letter of the 31st Octbr. ulto. enclosing and submitting for appraisal, a project of a new arrangement of the officers of the four old Regiments of Infantry. The books and records of this office being packed up, it is out of my power to make any comparison between the project and the order in which these officers stand in the arrangement made upon principles sanctioned by the late President, in pursuance of the act to ascertain and fix the military establishment passed the 30th of May 1796. I shall the first moments after my arrival in Philadelphia, which I expect will be on tuesday next, and the opening of the office, attend to the subject.…”


Title: From Alexander Hamilton to Charles Cotesworth Pinckney, 4 November 1799
From: Hamilton, Alexander
To: Pinckney, Charles Cotesworth

New York, November 4, 1799. “I send you by way of information an order of the 1st. inst. issued by me respecting the General Disposition of the Army, in conformity with the instructions heretofore received from the Secy. of War. It seemed necessary to have all the regiments thrown into Brigades. The situation of the third and 4th. within different commands created some embarrassment. You will observe that I endeavour to get over it by a provisory arrangement.”


Title: Circular to the Commandants of Regiments, 5 November 1799
From: Hamilton, Alexander
To: Commandants of Regiments

New York Novr. 5. 1799
Sir
Cases have occurred in which officers, from a wish to see their men well equipt, have purchased articles for them that are not included in the general provision. These have been admitted in particular instances for special reasons as a public charge; but the Secretary of War has expressed an extreme relu⟨ctance⟩ to give the practice his sanc⟨tion⟩ and has signified to me his desire that effectual measures be taken to prevent expectations of reimbursement from being entertained where expenditures have been incurred without proper authority.
This naturally leads to a reflection on the emoluments of the American Soldiery. They certainly exceed those which are given in any other service, and every officer of experience will have had occasion to remark that this circumstance, as it respects the use most commonly made of the pay, has been attended with an injurious rather than a beneficial ⟨oper⟩ation. If the several commandants could obtain the consent of their regiments to an application of part of their pay in the purchase of articles of convenience not included in the public provision, they would remove various difficulties and render an essential service to the army.

It is therefore my wish that you would circulate this idea as much as possible, and embrace every opportunity that may occur of promoting so important an object.
With great consideration   I am sir   yr obt. svt.

A Hamilton


Title: From Alexander Hamilton to Josiah Ogden Hoffman, [6 November 1799]
From: Hamilton, Alexander
To: Hoffman, Josiah Ogden

[New York, November 6, 1799]
Sir
“Greenleafs new Dayly Advertiser” of this morning contains a publication intitled “Extract of a letter from Philadelphia dated September 20th,” which charges me with being at the “bottom” of an “effort recently made to suppress the Aurora” (a news paper of that City) by pecuniary means.
It is well known that I have long been the object of the most malignant calumnies of the faction opposed to our government, through the medium of the papers devoted to their views. Hitherto I have foreborne to resort to the laws for the punishment of the authors or abettors; and were I to consult personal considerations alone I should continue in this course, repaying hatred with contempt. But public motives now compel me to a different conduct. The design of that faction to overturn our government, and with it the great pillars of social security and happiness, in this country, become every day more manifest, and have of late acquired a degree of system, which renders them formidable. One principal Engine for effecting the scheme is by audacious falsehoods to destroy the confidence of the people in all those who are in any degree conspicuous among the supporters of the Government: an Engine which has been employed in time past with too much success, and which unless counteracted in future is likely to be attended with very fatal consequences. To counter act it is therefore a duty to the community.
Among the specimens of this contrivance, that which is the subject of the present letter demands peculiar attention. A bolder calumny; one more absolutely destitute of foundation was never propagated. And its dangerous tendency needs no comment; being calculated to inspire the belief that the Independence and liberty of the press are endangered by the intrigues of ambitious citizens and by foreign gold.
In so flagrant a case the force of the laws must be tried. I therefore request that you will take immediate measures towards the prosecution of the persons who conduct the inclosed paper.
With great consideration   I am Sir   yr Obed ser
Josiah O Hoffman EsqAtty General


Title: To Alexander Hamilton from Nathan Rice, 6 November 1799
From: Rice, Nathan
To: Hamilton, Alexander

Oxford [Massachusetts] Novr. 6th. 1799
My General
Since my communication on the subject of the relative rank of my officers, I have become considerably acquainted with them. On a review of the arrangement proposed—If the apparent military Merits of my officers were to be my guide—I should propose the advancement of Captain Mackay to number five or Six among the Captains. And from some hints, I hear he has droped, I suspect he will not serve, unless he is pretty well forward. Chandlers also remaining in service I hear will depend on his standing as high as the third. Lieutenant Flagg should take rank of Cheney. These changes I submit to your consideration.
Permit me to mention to you as a Cadet, a man who has lately joined my Regt. by the name of John Radford—personally known to Major Walker, has served as a Major under him, is a respectable character & a very so[l]dierly looking man. By an unfortunate connection in business, he was forced to seek security for his person by enlisting, but not ’till he had received encouragement from Major Walker that he would obtain either a Commission or the appointment of Cadet. He is now doing the duty of Serjeant Major. He has solicited my approbation of him, which I give.
In reply to your favours of the 19th. & 25th permit me to observe, that from the knowledge I have as yet obtained of the Gentlemen I can not fully recommend one for so important an office as that of Depy Pay Master General. Integrity, Abilities, a thorough acquaintance with figures, Systim dispatch and an habitual attention to business are requisite traits in a character for that office. My pay master, could his services in the regiment be dispenced with, is I think the best qualifyed of either of my officers—and next to him Mr Leveritt. Both are capable, & good Characters, bred to mercantile business—but I am too contracted to wish to spare either—if they were fit.
In the Inspectors & Qr Masters departments I can with great confidence recommend both my Majors as duly qualified. And here again permit me to call up the subject of rank. I am confident from all I can discover of the ideas & feelings of Major Walker, that he will never submit to be commanded by Major Rowe. He thinks his being appointed a first Major gives him the priority of rank. The Act of Congress he conceives makes a distinction of grades, as it ordains that there shall be two Majors to a regiment, a first & a second. If the contrary principle is established, & the opperation of the rule adopted by the President for settling the rank of the field officers, places Rowe before him—his being appointed on the Staff may probably save his feelings; & retain him in service. By some means most of our Gentlemen have not imbibed that opinion of Major Rowes Talents which every officer ought to entertain of his superior officer. Of my two Majors I must say, they are two attentive worthy, good officers. I think the service would suffer by the loss of either of them.
Captain Emerry of my Regt. is also well qualifyed to serve either in the Inspectors or Quarter Masters departments—as also My Adjutant Mr Serjeant, if I could spare him: he promises to make one of the best officers of his rank I ever knew. Lieutenant Church is also fit to serve with Staff in either capacity.
With the highest respect   I am Sir your Most Ob. Serv.

N: Rice
Major General Hamilton

PS: Altho I am not over ⟨–⟩ with religion yet I conceive it my duty to request that a sensible person may be appointed to officiate as a Chaplain at Oxford. It will conduce to order, & regularity, if I were autherized. I believe I could select a suitable Character. I think it of Importance.
N: Rice


Title: To Alexander Hamilton from James McHenry, 8 November 1799
From: McHenry, James
To: Hamilton, Alexander

War Department8th. November 1799
Sir,
I received your letter of the 29th. ulto. prior to the return of the Public offices from the City of Trenton to the Seat of Government. As it presents objects of considerable expenditure, I thought it my duty to lay it before the President, and have since given to the subjects it embraces, an attentive consideration.
You inform me, that General Wilkinson furnished estimates which you enclose of the cost of the Water Battery, Barracks, and Magazines, which have been undertaken at Loftus’s Heights, and that he gives it as his opinion, by analogy, but without detail, that the cost of the Fort proposed to be erected at the same place will about equal the sum of these estimates, or 16000 dollars.
You also enclose an estimate, made by yourself, aided by information of prices, derived from the estimates first mentioned, exhibitting the cost considerably less. You however subjoin, that relying on General Wilkinsons better knowlege of local circumstances, you have authorised him, to erect the work, within a limit of expence, conformable to his own calculation, unless previous to his departure for the Mississippi he should receive a negative from me, or by my direction.
The sanction required for, or prohibition of, works already commenced, is thus cast entirely upon my responsibility, as Secretary of the Department of War, and it was very proper that you should do so. Circumstances however peculiar to this business render it indispensible I should observe upon it somewhat in detail.
From information I have received, it would appear, that the water Batteries, have not only been commenced, but are actually in great forwardness, and that preparations for erecting the Fort on Loftus’s Heights, on the Mississippi, have considerably progressed, insomuch that bricks have been made, or are making, sufficient to complete the same; in a word, that the business has so far advanced, as to impose upon the Executive, the necessity of sanctioning the undertaking, or of losing perhaps the greatest part of the value, of the labour, and materials, already applied and procured.
This mode of proceeding is directly the reverse of that pursued, and considered to be the established and regular one, in all cases of a similar kind. Heretofore, the Plan for every great military work, particularly of those esteemed important, intended to be permanent, and involving considerable expenditure, has been, as it ought, the result of the skill of our best Engineers. This Plan (together with the estimates of expence) has invariably been submitted to the Executive, and before the explicit approval of the Executive no steps have ever been taken, preparatory even to the construction of the work.
My mind experiences an irresistable conviction, that every measure in all its circumstances, which may involve a considerable expenditure, should be submitted, through the Secretary of the appropriate Department, to the President for his approval; and that without such approval formally and explicitly announced, no act leading to its execution should take place.
If this is not the case, may, nay will not, a new destination of the Public monies, take place, different from that contemplated by the Legislature in their appropriations, or by the Executive. And do not the Constitution and Laws of the United States, designate the Executive, which possesses the sources of information, as the organ, to direct the application of the public treasure, to such particular objects as the general interests may require, and to limit the expenditure as the Legislative provision and the calls upon the same may render proper.
Had the Plan and Estimates for permanent and expensive fortifications, at Loftus’s Hieghts upon the Mississippi been, conformably to the regular and established course, submitted to the President for his previous approbation, I certainly should have presented an opinion I entertain, that a single battery and such a Fort on Loftus’s Hieghts, as could be built, at a small expence, would suffice, for all the purposes of revenue, and to controul the Indians in that quarter; which was all that could be effected by more extended and costly fortifications.
That no Batteries or Works, which can be raised upon the Mississippi, within our Territory, can obstruct or hinder, during the night, the passage of boats or vessels upwards, nor during the day, down, the river; and that should we have to encounter an Enemy in Spain, her transportation of troops and artillery to invade our territory, could always be rendered safe from our batteries and forts, by being varied alternately from water; to Land, so long as she maintains possession of the opposite bank of the Mississippi.
Under the impressions and opinions I have mentioned, you cannot but suppose I feel an extreme reluctance to concur in an expenditure of thirty two thousand dollars for works improperly undertaken, altho’ I have no doubt, with the best intentions and upon a full conviction of their utility and necessity. I trust however, I shall never again be called upon under like circumstances to countenance expenditures of the same kind; but that when durable works are deemed proper by a military commander for the defence of territory, to secure our inhabitants from Indian annoyance, or the army against contingent events, the regular and established course will be pursued, and no expensive permanent Forts ever be undertaken without the previous knowlege and consent of the President.
Did it not appear that a serious loss would be incurred in the expence of materials provided and Labour already employed I should yet incline to recommend, that General Wilkinson be instructed to confine his defences to a Water Battery and such a Fort on Loftus’s Hieghts, as can be thrown up by the labor of the soldiery and completed by means of the Artificers, belonging to the Army.
If however the materials are already provided for the several works contemplated by General Wilkinson and approved by you to the extent of his estimates, and they shall by both be still deemed indispensible, I agree to their prosecution.
I approve of the mode you have arranged to supply the monies required, and shall direct the Accountant of the War Department to furnish the Quarter Master General, who must be the Agent in this case, with the necessary forms and instructions for keeping his accounts of and accounting or settling for the expenditure.
I am Sir   with great respect   your obedient servant

James McHenry
Major GeneralAlexander Hamilton


Title: From Alexander Hamilton to James McHenry, 8 November 1799
From: Hamilton, Alexander
To: McHenry, James

New York November 81799
Sir
By the contract with James OHara Esquire, it appears that on the South East side of the Ohio within the State of Kentucke the ration is Ten Cents and two milles, on the North West side, at Cincinnati, thirteen cents, and that nothing is settled between that point and Massac.
If the matter should remain as it is, the reserve force must be stationed on the South East side; for the difference of price is too great to permit their being placed on the other side.
To this there are some objectives. From the present temper of the State of Kentucke there is danger that the troops might be very inconveniently harrassed by processes of different kinds, on various pretences, which would embarrass the service and might involve delicate and disagreeable questions. Of this there has been some experience in an other quarter.
The more immediate objects to which the reserve force is pointed a⟨re on⟩ the North West side, which is an ⟨important⟩ reason for preferring this side.
The Government of the North Western Territory being immediately connected with that of the UStates, there is proportionably less danger of collision between the Civil and Military Authori⟨ties⟩ there than within the limits of the government of Kentucke.
There is also less danger of attempts of disaffected persons to debauch the troops ⟨in the⟩ one quarter than in the other.

For these different r⟨easons⟩ I prefer much that the Station ⟨for⟩ the reserve force should be on ⟨the⟩ North West side and that ⟨it⟩ should be rendered proper by ⟨an⟩ arrangement as to the price of Ration.
It is obvio⟨usly⟩ expedient that the same price sh⟨ould⟩ apply on both sides of the Oh⟨io.⟩ Mr. Hara represents that the low price within the state of Kentucke has proceeded from a persuasion derived from past practice that there would be none but recruiting parties to be supplied in that State—and that to supply a considerable force, at the stipulated rate, at a distance from the settled and populous parts of the State would be ruinous to him. I am of opinion that this representation is probably well founded—and, perhaps, in cases of plain misapprehension, it is proper for a government to relax from the strict rights of contract, and to let in equitable considerations in favour of the contractor.
But in this case there are mutual considerations which may facilitate a compromise, consistently with the interest both of the Government and the Individual. This compromise would naturally turn upon the establishment of some thing like a medium price to operate on both sides of the River.
Mr. O Hara is willing to establish Twelve Cents as this medium price which upon the whole appears to me an eligible arrangement.
It remains for you to decide. Requesting that the decision may be prompt
I have the honor to be   Sir   Yr. Obed ser
The Secy of War


Title: From Alexander Hamilton to Charles Cotesworth Pinckney, 8 November 1799
From: Hamilton, Alexander
To: Pinckney, Charles Cotesworth

New York, November 8, 1799. “I enclose to you a letter from Col. Lear on the subject of winter Quarters that you may take such measures as shall appear to you to be necessary in the case. I do not see that any thing better can be done than to send the tenth regiment to Carlisle where the barracks can easily be prepared for their reception. According to the orders that have been given to Col. Moore he is probably now at York Town tho’ it is possible he may have left that place for Harper’s ferry. It will be necessary to give notice to the Contractors in Pensylvania. They are Michael Gunkle and Henry Schriver.”


Title: To Alexander Hamilton from Caleb Swan, 9 November 1799
From: Swan, Caleb
To: Hamilton, Alexander

Philadelphia, November 9, 1799. “I have offered Captain Williamson the appointment of Deputy Pay Master for that part of the army under your command and he has accepted. The bond required by law goes to him by this day’s mail to be executed; and he will immediately enter on the duties assigned to him. Had he not better come to this place on monday or tuesday next and receive his instructions, and money for the troops? …”


Title: To Alexander Hamilton from William S. Smith, 10 November 1799
From: Smith, William Stephens
To: Hamilton, Alexander

Union Camp [Scotch Plains, New Jersey]Novr. 10th. 1799.
Major General Hamilton
Sir,

It would be of Service to the troops if some arrangements were made, that they might attend divine service on Sundays. The minister of this Parish is a firm good friend to Government, & the Army and preaches up the necessity of Supporting the one and accommodating the other. Finding the officers of the 11th. Regt. much disposed to visit their homes frequently I requested the Minister to give us a Sermon, on the 11th. Verse of the 11th. Chapter of the 2d. of Samuel, and made as many officers attend as could with propriety leave the Camp. The Parson acquitted himself well, inculcating the necessity, that officers should be attentive to their duty &c. and after singing the 101st. Psalm, we returned to camp. I wish if consistant, you would permit me to employ this Minister, he will work cheap, & render the appointment of a Chaplain not immediately necessary, it will give pleasure to his Parishioners, and perhaps be of some service to the Troops, under divine favour with great Zeal, I have the Honor to be Sir
Your most Obedt. Humble Servt.

W. S. Smith 12th. Regt.


Title: To Alexander Hamilton from Jonathan Cass, 11 November 1799
From: Cass, Jonathan
To: Hamilton, Alexander

Wilmington, Delaware, November 11, 1799. “… The success of the democratic, alias, disorganizing party, in a late election in Pennsylvania, has intoxicated the minds of the people of the same views in this quarter, of which there are many, and who are advised and led by as able villains such as are to be found in the opposition, and if they do not while the frenzy continues push the business so far as to burst the bubble, their force will be alarming. ⟨My⟩ anxiety on the occasion is ⟨my reason⟩ for troubling you with my thoughts ⟨on this⟩ subject.”


Title: To Alexander Hamilton from Lewis Tousard, 11 November 1799
From: Tousard, Lewis
To: Hamilton, Alexander

Newport [Rhode Island] November 11, 1799. “Enclosed I have the Honour of returning to you the Letter which you directed to Oliver Elsworth Esq. The Frigate sailed last Sunday Week, and by this Time, I hope, is half Way where she is bound.…”


Title: To Alexander Hamilton from James McHenry, 12 November 1799
From: McHenry, James
To: Hamilton, Alexander

War Department,November 12th: 1799.
Sir,
I received your letter dated the 25th. ulto: at Trenton, when the business of the Office, had closed there and preparations were making to return to the Seat of Government.
This letter relates to claims against the United States for Services rendered by Lieutenant Campbell Smith, which are stated to be of two kinds. 1st: For Services as Judge Advocate for more than two years previous to the law authorizing that appointment. 2nd. For the legal emoluments of the Office of Judge Advocate, in virtue of an appointment of the Commanding General, on the basis of that Law.
The first claim I am not sufficiently informed respecting. No General or Special Order of appointment appears upon the files of the Office. No Certificates are presented to shew that the duties of the Office of Judge Advocate were permanently performed. The circumstances on which its equity is grounded are not before me. If the appointment was not permanent, but applied only to particular cases, and not to all—and did not oblige to perform the duties of the Office at every Military Court—or at least every General Court Martial held at or near the Army where the Officer served, I should apprehend no precedent authorizes the claim, and that its allowance would introduce a train of inconveniences, for would not every Officer who has acted or shall act in the same capacity on any military Court, and how many have done, and are daily doing so, become likewise entitled to the same measure of compensation, for the time he performed or shall perform the same duties? In such case, the whole amount of claims equally founded, I can form no Estimate of.
As however no law sanctions this claim, as to do so would be contrary to past and present practice, unless the duties said to have been enjoined by the Appointment, were obligatory, permanent and general—as no expectations have ever been indulged by other Officers, who have heretofore or lately acted on Military Courts in the same Office, and the allowance of the claim, if for temporary Services would introduce serious inconvenience, I think proper to decline having any thing to do with it.
If on the other hand the appointment was intended to be permanent, and to enjoin general duties applicable to all Military Courts held at or near the Army with which this Officer served—altho’ I should then think the Claim equitably founded, for compensation for the time Services were performed under it—Yet as the appointment was not provided for and no law established the Office, I incline to suppose a legislative allowance would be most regular, and comformable to the course heretofore pursued in similar cases, of which Captain Lewis’s claim as Volunteer Aid, is an instance.
The second claim is for the legal emoluments of the Office of Judge Advocate, in virtue of an appointment of the Commanding General on the basis of a law authorizing the appointment, relative to which you say it has been stated to you. The Attorney General has given an opinion, that the appointment was a regular one, under the law, and that this opinion is understood, to have been heretofore acted upon in this Department, but that Lieut: Smith having been absent in consequence of ill health, induced by a severe wound received in the Service, obstacles have occurred, to the allowing of the compensation, during the time of such absence.
Proceeding on the Statement made to you, as your data, you give your opinion on the second claim as follows, viz: “Considering the appointment as regularly made under the law the emoluments continue of course, until the Office has been abdicated, or superceded the non-exercise of it, for any period, to the contrary notwithstanding.”
It will be proper to go into some detail respecting the second claim, and to shew you that the opinion of the Attorney General, by no means establishes the appointment of Lieut. Smith by the Commanding General, on the basis of the law authorizing the appointment of a Judge Advocate, as regular but the contrary. It however considers Lieut: Smith under all circumstances, as equitably entitled to compensation for the Services he had actually performed as Judge Advocate, altho’ under an irregular appointment, and recommended, the allowance fixed by law, to this Office, as the best rule for the compensation, and the contingent as the proper fund out of which it should be paid.
When this claim was presented to me, I transmitted it, with those of two other Gentlemen, similarly circumstanced, to the Attorney General, and requested his opinion. A copy of his opinion dated the 10th. February 1798, I now enclose.

On the 12th. of February, I wrote to the Accountant, “I enclose the opinions of the Attorney General of the United States, on the claims of Lieut: Campbell Smith, Lieut. Webb, and Major Cushing—I concur in them.”
Referring to the Accountant’s Office I find that Lieut: Smith was settled with, upon the principles of, and agreeably to the rule recommended by the Attorney General’s opinion, from the 1st: of March 1797 to the 30th: April 1798.
In consequence of a subsequent application as I must suppose by the same Officer, referred to me by the Accountant, I wrote to the latter on the 26th: October 1798—“Lieutenant Campbell Smith is considered upon the principles of an opinion of the Attorney General, dated the 10th. February last, Copy of which was transmitted to your Office, to be entitled, to all the emoluments, attached to the Office of Judge Advocate, for such time only, as he was actually employed by Brigadier General Wilkinson, or by orders from the Secretary of War, since the 30th. April last, in that capacity.” When I wrote thus, I knew Lieut: Smith had been employed specially, by a Warrant directed to him, as Judge Advocate pro hac, on the trial of Lieut: Parmele, and intended to avoid any expression which could be construed into a confirmation of his appointment to the Office of Judge Advocate generally, and to confine his compensation, to the time strictly for which he officiated in the capacity of Judge Advocate. No settlement was however made with him, after that which allowed him compensation to the 30th. April, he probably declined any settlement, other than one under his appointment by the General, and giving to him monthly emoluments.
“An Act to amend and repeal in part the Act entitled ‘an Act to ascertain and fix the Military establishment of the United States,’” passed the 3rd: March 1797, provides Section 2nd. “That there shall be one Brigadier General who may choose his Brigade Major and Inspector from the Captains and Subalterns in the line (to each of whom there shall be allowed the monthly pay of Twenty five Dollars in addition to his pay in the line, and two Rations extraordinary per day, and whenever forage shall not be furnished by the public, to ten Dollars per month in lieu thereof.) That there shall be one Judge Advocate, who shall be taken from the commissioned Officers of the line, and shall be entitled to receive two Rations extra per day and twenty five Dollars per month, in addition to his pay in the line, and whenever forage shall not be furnished by the public to ten Dollars per month in lieu thereof.”
It will be perceived, that the Section of the law cited, gives an express permission to the Brigadier General, to choose his Brigade Major and Inspector, but is silent respecting the appointment of the Judge Advocate, which is therefore conceived to rest in the president by and with the advice and consent of the Senate. The 2nd. clause of the second Section of Article 2nd: of the Constitution, among other powers vested in the president, gives that, by and with the advice aforesaid of appointing “all other Officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. But the Congress may by law vest the appointment of such inferior Officers as they think proper, in the president alone, in the Courts of Law, or in the Heads of Departments.”
It is proper to add, that the nomination to the Senate of an Officer to act in the capacity of Judge Advocate General was declined, from a conviction that the dispersed situations, the troops had or would assume, was incompatible with the attainment of much utility from such an Officer, and that the same cause, produced my disinclination, to give any countenance to an expectation of permanent emoluments, under what I considered, an irregular Appointment.
I have the honor to be,   with great respect, Sir,   Your obedt: servent,

James McHenry
Major GeneralAlexander Hamilton.


Title: Enclosure: Charles Lee to James McHenry, 10 February 1798
From: Lee, Charles
To: McHenry, James

Philadelphia 10th February 1798
Sir,
Relative to the claim of Lt Smith, who was appointed Judge Advocate to the Army by the Commanding Officer Genl Wilkinson in general orders, and who for sometime as it is stated to me rendered services in that capacity to the United States it is my opinion he is equitably entitled to compensation for those services. Though Genl Wilkinson does not in my opinion possess the power of appointing the Judge Advocate as I have seen no act of Congress vesting such a power in him, Yet as the President of the United States with the advice of Senate has omitted to make the appointment which omission has been supplied by the Commanding Officer, for the good of the public service, I think the Judge Advocate should be paid for his services as in any other case not expressly provided for by law, where in justice compensation is due from the United States. For adjusting the quantum payable to Lt Smith for his services as Judge Advocate, no better rule can be suggested, than the allowances fixed by law to this office; and the contingent fund appears to me to be the proper fund for paying this claim.
These principles apply to the case of Lt Webb of the Cavalry, who formerly a Captain of the Cavalry and deranged, took the command of a Company of Cavalry by the orders of Genl Wayne, when there was no other officer holding a commission where the company was. He ought to be paid as a Captain during the period of this extraordinary service out of the Contingent fund.
The claim of Major Cushing is distinguishable from each of the former as he was appointed Brigade Major and Inspector by Genl Wilkinson, who ought not to have appointed a field Officer to either of these offices; but was directed by law to appoint to these offices, out of the Captains and subalterns of the line—Yet as these services were necessary and were rendered, the United States owe a compensation to Major Cushing, which I think may also be paid out of the Contingent fund rather than he should go unpaid.
I am sir most respectfully   your obedient servant

Charles Lee
To the Secretary at War


Title: To Alexander Hamilton from William North, [12 November 1799]
From: North, William
To: Hamilton, Alexander

[Duanesburg, New York, November 12, 1799]
You were right, My dear General, in saying that a Soldier should have no Other wife than the service; & I will add, that he should have neither children nor landed property, nor be a guardian, nor a director of a turnpike road, nor plaintiff, nor defendant against a rascal who every day brings fresh actions, for seven years together. Either of these things forms an impediment sufficient to make one loose sight of the point of view, but when they are combined they so twist & turn a man head & heels, that it is almost impossible for him to get forward in any line whatever; to suppose that he can, in the new French method, look straight forward & keep his alignement, is nonsense. In truth, was it not for the point of honor, which like a will o’ the wisp intices’s him to the front, & the prick of ambition which goads him in his rear, he never would advance at all.
Fortunately, I have cleared my way of every thing but my Wife & Children, with whom, as it would be unsoldierly to abandon them, I hope to be in New York by the 25th of this month, & when there, I shall do whatever Heaven & Your Honour may think best for the service of our dear Country, without further let, or hinderance.
Please to Offer my respects to Mrs Hamilton, & believe me to be Dr General,   Your Obt Hbl Servt

W North
Duanesburgh 12th Nov1799


Title: To Alexander Hamilton from James Wilkinson, 12 November 1799
From: Wilkinson, James
To: Hamilton, Alexander

PhiladelphiaNov 12th: 1799.
Sir
I arrived here on Saturday & shall proceed on my Journey the 15th., and expect to reach Norfolk on the 20th.
I take the Liberty to submit the enclosed to you from Lt Claiborne, who stands for a Company in place of Kreemer disgraced, and to advise that He should receive recruiting Instructions, in order to compleat his Command—altho unauthorized I can not forbear offering the Opinion, that the marine Corps should perform all duties relative to the Navy—and I apprehend that four Setinels must be sufficient to protect the unlaunched Hull of a Vessel at a place of peace & safety. I know no thing & therefore will say nothing of the person Mr C. recommends for a Commission, but of Himself it may be observed, that he is a good officer in his place, tho somewhat presuming.
Hamtramck begs to be permited to go to Cincinnati to Winter with his Wife, you have his Letter under cover, & I beg you to advise me what to do with Him—to grant his request will be to remove Him from the proper point of residence & Command. With the most respectful attachment
I am Sir Yr. Mo Ob Se

Ja Wilkinson
Majr. General Hamilton


Title: From Alexander Hamilton to William S. Smith, 13 November 1799
From: Hamilton, Alexander
To: Smith, William Stephens

New York, November 13, 1799. In reply to Smith’s letter of November 11, 1799, states: “There is no provision in the law for Chaplains, and I can not therefore comply with your wishes. I am nevertheless deeply impressed with the importance of divine service among the troops, and have heretofore made it a subject of communication with the S of War.…”


Title: From Alexander Hamilton to Caleb Swan, 13 November 1799
From: Hamilton, Alexander
To: Swan, Caleb

Newyork Novr. 13. 1799
Sir
There have been pressing Applications to me from various quarters for supplies of recruiting money. The service is at a stand from the want of this article, and thus the most favorable portion of the year is suffered to pass away. I have made early and pressing applications on the subject. Had these been properly attended to, there would have been no ground of complaint.
Should subsequent events render it important that the regiments should have been completed at an early day, it will be an interesting question, and one very difficult to answer, how the recruiting service came to languish, from the want of money, at the most favorable season of the year.
With &c
Caleb Swan Eqr.


Title: From Alexander Hamilton to James Wilkinson, 13 November 1799
From: Hamilton, Alexander
To: Wilkinson, James

N Y Nov. 13th. 99
Sir
I have just received your letter of yesterday with it’s enclosure.
I have recommended Mr Vereker to the Secretary of War for the post of cadet, and shall consider the suggestions in Lieut. Claiborne’s letter relative to the recruiting service.
In consequence of a communication which I received from Col Hamtramck I had written to him on the subject of his request to pass the winter at Cincinnati, and had not only expressed an unwillingness to interfere with the arrangement of the Commanding General of the western army, but likewise my opinion that Fort Fayette was the place most proper for his station. I would therefore advise that you adhere to your arrangement.
With &c
G Wilkinson


Title: From Alexander Hamilton to James McHenry, 14 November 1799
From: Hamilton, Alexander
To: McHenry, James

[New York, November 14, 1799. On November 18, 1799, McHenry wrote to Hamilton: “I recd two hours ago your letter of the 14th.” Letter not found.]


Title: From Alexander Hamilton to Nathan Rice, 14 November 1799
From: Hamilton, Alexander
To: Rice, Nathan

N Y. Nov. 14th. 1799
Sir
I have received your letters of the sixth and ninth of this month.
You will have perceived from a letter which must have arrived before now, that the arrangement of relative rank did not meet with my approbation. The list which I transmitted you is not to be considered as definitive, but as referred back for revision. Taking the principles which I have heretofore stated for your guide generally, you can give due force to the consideration suggested in your letter of the sixth instant.
Mr. Radford has been proposed to the S of War as Cadet in your regiment, and has received the usual support.
There is no provision in the law for Chaplains. I am nevertheless deeply impressed with the importance of divine service among the troops, and have written on the subject to the S of War.
I have urged the subject of money in repeated communications with the Paymaster General, and the delay in transmitting it is a source to me of much chagrin and disappointment.
I have just renewed the application in an urgent manner.
A court Martial will sit immediately for the trial of the persons mentioned in your letter of the ninth instant. An order for the purpose will be forwarded to you by Captain Ellery the Ast. Adt. General. The case is of a nature to require promptness and decision.
With great considn
Col. Rice


Title: To Alexander Hamilton from Caleb Swan, 14 November 1799
From: Swan, Caleb
To: Hamilton, Alexander

Philadelphia, November 14, 1799. “I have received your letter of the 12th instant, and enclose to you a Return of all my payments since I arrived here in July last.…”


Title: From Alexander Hamilton to Caleb Swan, 14 November 1799
From: Hamilton, Alexander
To: Swan, Caleb

New York Novr. 14th. 1799
Sir
I send you an extract from a letter of the ninth of this month which I have just received from Colonel Rice. Representations of the kind [have successively come to me from various Quarters.] They give me both pain and mortification. The delay in transmitting the necessary supplies of money [is attended with every disadvantage. It has become a subject of special Inquiry by the Commander in Chief.]
[Not only] the most favorable season for recruiting is suffered to pass away [unimproved, but] the minds of the soldiery, in the very infancy of the military establishment, are [permitted to receive ill impressions which will not easily be erased and which are likely to have a very pernicious influence upon their future conduct.] The [evil is] serious. [It is essential that a different spirit should govern our pecuniary measures towards the army. I expect it.]
With great cons
Caleb Swan Esq.


Title: Enclosure: James McHenry to Anthony Wayne, 27 August 1796
From: McHenry, James
To: Wayne, Anthony

War Office, August 27. 1796.
Sir,
I here transmit the arrangement of the legion and Cavalry which you will please to have promulged and carried into execution.
You will perceive by adverting to the table of Regiments and Rank that the President has been guided by the rule of Seniority and that the Officers with a few exceptions remain attached to the Men which they have been accustomed to command. For example the First Sub Legion becomes the First Regiment, the Second Sub Legion, the second Regiment, the third Sub Legion, the third Regiment, and the Fourth Sub Legion, the fourth Regiment. The Senior Lieutenant Colonel will command the first Regiment; the second Lieutenant Colonel in Rank the second Regiment; the third Lieutenant Colonel the third Regiment and the fourth Lieutenant

Colonel the fourth Regiment. In like manner the first and fifth Majors in rank are assigned to the first Regiment, the second and sixth to the second Regiment, the third and seventh to the third Regiment, the fourth and eighth to the fourth Regiment.
I am Sir &c

James McHenry.
Major General Anthony Wayne.


Title: To Alexander Hamilton from John J. U. Rivardi, 15 November 1799
From: Rivardi, John J. U.
To: Hamilton, Alexander

Niagara [New York] November 15, 1799. Describes his plans for repairing the fort, and discusses the friendly relations between British and American forces stationed on the Niagara River. States: “Two Regiments have arrived at Quebec & the Brittish force which will remain in Canada this winter amounts To upwards of Eight thousand regulars exclusive of two provincial Battalions.”


Title: From Alexander Hamilton to James Wilkinson, 15 November 1799
From: Hamilton, Alexander
To: Wilkinson, James

N Y. Nov. 15th. 99
Sir
I send you a copy of a letter from the S of War dated the eighth of this month, and an extract from my letter in reply. You will perceive that I agree in opinion with the Secretary that permanent fortifications should not be erected without previously communicating with the Executive, and obtaining his sanction. I am aware of the strong considerations which lead you to erect the fort at Loftus’s height, but [you will perceive that the previous approbation of the Executive is to be deemed hereafter an indispensable preliminary to any similar undertaking. And you will be pleased to make a point of strict conformity with this rule.]
With great cons
G Wilkinson


Title: To Alexander Hamilton from Rufus Graves, 16 November 1799
From: Graves, Rufus
To: Hamilton, Alexander

Oxford [Massachusetts] November 16, 1799. “Your letter of the 4th Oct. ordering the removal of the recruits receivd for the 16th Regt to this place for winter quarters, I received the 28th of Oct, and Issued my orders for the march on the twenty ninth. Agreeably to your directions I called on the Contra[c]tors for the means of tra[n]sporting the baggage Military Stores &c. But from the Contractor for New Hampshire could get no aid or assistance whatever. He informed me as he had heretofor done when I applied to him for quarters for the recruits and for the means of transporting the clothing to the respective subdistricts that his contract went only to the furnishing rations and that he should do nothing more unless it we⟨re⟩ some trifling matter. I have been obliged to provide at my own risque the transportation of the arms and accoutrements, tents, Camp equipage, baggage &c from Exeter to this place, and the Captains at the other subdistricts have been obliged to provide the transportation of their baggage in a similar manner.…”


Title: To Alexander Hamilton from Caleb Swan, 16 November 1799
From: Swan, Caleb
To: Hamilton, Alexander

Philadelphia, November 16, 1799. “I have sent the following sums of money by this days mail.

To
the
14
Regiment
3893.
}
Dollars

”
15
do
3893.

”
16
do
1422.

Captain Williamson arrived here to day. On monday the 18 instant he will be furnished with money to pay up the said three Regiments to the 30 September 1799 inclusively.”


Title: From Alexander Hamilton to George Izard, 18 November 1799
From: Hamilton, Alexander
To: Izard, George

New York Novr. 18th. 99
Dr. Sir
The great regard which I have for your Father conspiring with the favorable impressions which I have received of your character induce me to offer you the place of Aide de Camp in my family. If agreeable to you to accept, you will immediately join me at this place, having first obtained the permission of your immediate commanding officer. I mentioned the matter to General Pinckney while here who will therefore dispence with the form of a previous application to him as commanding General of the district.
With great respect & esteem I am Dr. Sir
Lt. Izzard


Title: To Alexander Hamilton from James McHenry, 18 November 1799
From: McHenry, James
To: Hamilton, Alexander

Philad. 18 Novr. 1799
Dear Sir.
I recd two hours ago your letter of the 14th, begging me to call upon and send you certain papers you had lodged with Mr Bingham. As he has not yet returned to the City I dispatched my servant with a note to which I have received the answer inclosed. I do not remember to have seen the papers aluded to.
Yours truly & Affectionately

James McHenry
Genl. Alex Hamilton


Title: Enclosure: William Bingham to James McHenry, [18 November 1799]
From: Bingham, William
To: McHenry, James

[Lansdown, Pennsylvania, November 18, 1799]
Dear sir
It Surely must have escaped Genl Hamilton’s Recollection, that the Papers he alludes to, never were deposited with me.
After reading the publication, in which he mentioned this deposit being thus made, I was Surprized at the omission of which, in Case I had been applied to for a View of them, I Should certainly have reminded him—under any other Circumstances, it would not have been delicate to have addressed him on the Subject.
Yours Sincerely

Wm Bingham
LansdownNover 18 1799


Title: From Alexander Hamilton to Charles Cotesworth Pinckney, 18 November 1799
From: Hamilton, Alexander
To: Pinckney, Charles Cotesworth

NY. Nor. 18th. 99
Sir
Pursuant to a conversation which I had with you while in this city I have concluded to offer to Lt. Izzard the place of Aid de camp in my family. I have mentioned to Mr. Izzard that you will dispense with the form of an application to you as Commanding General of the district.
G. Pinckney


Title: From Alexander Hamilton to William S. Smith, 18 November 1799
From: Hamilton, Alexander
To: Smith, William Stephens

New York, November 18, 1799. “… I have not the smallest objection to the Officers being taught the use of the sword by the French gentlemen of whom you speak, nor to any measures of the kind which you may think proper to adopt that will not involve an actual expence to the public.”


Title: From Alexander Hamilton to George Washington, 18 November 1799
From: Hamilton, Alexander
To: Washington, George

New York Novr. 18th 1799
Sir
I have been duly honored with your letters of the 26th. and 27th. of October.
General Pinckney happening to be at my house when they were received, I communicated them to him, together with such other letters as had come to hand relating to the same subject—and I have since furnished him with the subsequent information transmitted to me, in order that he might take the proper measures in whatever might require his interposition. This would principally be to order the tenth Regiment to Carlisle.
It is my duty, in compliance with your inquiry concerning the delay of Payment of the Troops, to enter into a free explanation. The complaints, of which you have heard, have certainly existed—and they have existed in the Northern as well as in the Southern Quarter—and the painful circumstance is, that they have been well founded. There has, no doubt, been a great & a very unfortunate delay, which has been a pretext for, if not a cause of, desertion, which has made ill impressions on the minds of the troops, and has occasioned much embarrassment to the Officers.
The history of the course of the business will best unfold the causes of the delay.
Early after the recruiting service was in train, I caused to be prepared and transmitted to the several Regiments the forms of Muster and Pay rolls. If my information be right, Muster and Pay rolls were made out according to these forms and forwarded first to the Department of War, afterwards to the Office of the Paymaster General.
It has since appeared that forms for Muster and Payrolls had been previously established by the Department of War but these forms were never sent to me, nor otherwise communicated to the additional Regiments, till some time after the arrival of the Paymaster General at Philadelphia. A compliance with them, on the part of the distant regiments, the Officers of which, for the purpose of recruiting were dispersed over extensive regions, would, of course, involve a very distressing delay, in addition to that which unavoidably attended the mustering of the troops and the preparation of the rolls on the plan which I had prescribed: Yet for some time a compliance with these new forms seems to have been expected as a preliminary to the transmission of the money.
But in consequence of very importunate representations from me, and it being admitted that the different Rolls corresponded in substantial points, I was given to understand by the Paymaster General, that as to past dues, the new forms would not be insisted upon, but that the money would be sent without waiting for them.
Difficulties, however, about modes of remitting the money, which, it is believed had before operated in producing delay, continued to occasion it—and to this moment the three most Northern and two most Southern Regiments, remain unsupplied.
To call every regimental Paymaster to the seat of Government as often as money is to be paid is inadmissible on the Score of delay as well as of Expence. To send them the money by post must involve the double risk of loss in the Post Office, and loss by a fraudulent concealment of the Receipt of it. To send it to intermediate public Agents must be attended with the same risk, though in a less degree. The Paymaster General in order to discharge himself at the Treasury is obliged to produce vouchers in certain prescribed forms, which he has been (as he states) in the habit of obtaining before he parted with any money out of his hands; and he appeared to be fearful of a deviation from this course.

The truth is, that these Difficulties being inherent in the nature of the thing, they ought, for this very reason, as I conceive, to have been overcome. Similar Ones occur in all the pecuniary operations of the Government, and it has been found indispensable to surmount them by expedients. The same expedients which are familiar in other cases would have answered in the one under consideration.
In my opinion, the Paymaster General would have done right not to have been deterred by the additional responsibility which might have attended the employment of the usual expedients. In my opinion, if peculiar caution was incumbent upon him as a subordinate Officer, it was to have been expected, that the Secretary of War, in concert with the Secy. of the Treasury, would have interposed to remove the impediment by sanctioning a course which was unavoidable.
It is not my fault that the obstacles have not been surmounted. Aware, that in the first stages of the raising of new Corps, (of which most of the Officers as well as the men were unacquainted with Service) where the Officers for the purpose of recruiting were dispersed over extensive districts—delay and Difficulty would unavoidably attend the preparation of Muster and Pay rolls in strict form. Strongly impressed with the idea that it was of great importance in the first instance to inspire the troops with favourable ideas of the justice and attention of the Government—and that it would be very inexpedient to have to assign to the Noncommissioned Officers and privates, excuses for the delay of their dues on the Score of want of formal Documents, which it did not lie with them to prepare—I pressed the Secretary of War, and the Paymaster General for advances of money to the several Regiments in anticipation of those Documents, upon Estimates of which I furnished the Data. I thought the temporary Departure from ordinary rules, and the small addition of risk from dispensing with the usual preliminary checks were less evils than those which were inseparable from any considerable procrastination of payment.
But my efforts were not sucessful. Expectations, which, in consequence of my representations were given to me by the Paymaster General, and which were by me given to the commandants of Regiments were not fulfilled. Disappointment and Dissatisfaction have, of course, ensued.
It is but candour for me to mention, that while Secretary of the Treasury, I had knowlege of the forms which had been prescribed. But I had intirely forgotten the circumstance. And it is self evident that all regulations prescribed by the Department of War, for observance in an Army, ought to be communicated from that Department, either to the Military commander or to the chief of the particular branch of service to which they relate—and that it is not incumbent upon the military Commander to make inquiry of the Department of War for them. I therefore did what was natural in the case—I prescribed forms, where I did not know that any had been previously established by superior authority.
It is very probable that the necessity of transmitting these forms did not occur to the Secy. of War—Or he may have considered it as the province of the Paymaster General to do it; but this Officer being with the Western Army, a very great delay could not fail to attend the transmission of them by him. The truth is, that a want of sufficient organisation, in this particular as in others, occasionned an omission.
The only material remark in respect to it is—that the omission having happened, it was a decisive reason for not insisting upon the forms in question as a preliminary to payment.
Upon the whole, (since I have not understood that there was any deficiency of money) I am led to conclude that unwillingness to incur extraordinary responsibility by a deviation from general rules has been a principal cause of the very inconvenient delay which has been experienced. The mode of proceeding has certainly not corresponded with my ideas of propriety and expediency; yet I do not presume to expect that my ideas should be a Standard for the conduct of others. And I am certainly very far from imagining, that any motive more exceptionable than the one I have suggested has had the least influence in the affair. The paymaster is, no Doubt, shielded by his instructions.
I trust that things are now in a train for a more satisfactory course in future.
With perfect respect & attachment I have the honor to be Sir   yr. obedt. servt.

Alex Hamilton
The Commander in Chief


Title: Indenture, 19 November 1799
From: Hamilton, Alexander
To:

[New York, November 19, 1799. The catalogue description reads: “His signature in full to an indenture for a household servant aged 13 years and seven months.” Indenture not found.]


Title: To Alexander Hamilton from Nathan Rice, 20 November 1799
From: Rice, Nathan
To: Hamilton, Alexander

Oxford [Massachusetts] Novr. 20th. 1799
Sir
Your favour of the 5th. instant circular I have received. My influence to induce the consent of the Soldiers to appropriate part of their pay in the purchase of Articles of convenience and ornament shall be made. Half gaiters are very necessary both for ornament & convenience. Socks also or Stockings are greatly needed, for the socks allowed by Government can not be made usefull, they are so thick they nearly fill the Shoe without the foot the shoes are so much undersize—binding for hats are necessary to preserve their shapes. And the vests delivered to the first recruits, from the inferior quality of the cloath of which they were made may almost literally be said to be worn out.
Your favour of the 11th with its inclosure I have just receivd. As you are of opinion that the Gentlemen of prior appointments should take rank of those of a subsequent date—I have concluded Captain Draper (whose appointment was one of the original ones) being placd the tenth in your arrange [ment] must have been a mistake unless you intended to except him from the general rule. Agreeably to your wish I have enclosed a list in which the Gentlemen of subsequent appointments are arranged according to the dates of their appointments. It rests Sir with you to give force to the considerations suggested in my letter of the Sixth or otherwise as you think proper. If the principles suggested are to be the guide—I am of opinion the enclosed list is as right as any I can make. If not, I have expressed my sentiments of their relative merits pretty freely. I shall wait your decision with pleasure.
In my letter of the 6th. I mentioned Captain Emery as a suitable person for an Inspector. He wishes as his company is very small to be employd on the recruiting service. I have appointed Captain Ashman to do the duty of Brigade Major. I find him extreemly well qualifyed & a very attentive officer. I think now he is better qualifyed than Emery. I have ordered Lieutenant Flagg to do the duty of Judge Advocate & believe he will perform it with great accuracy & propriety, but I have receivd the enclosed letter from Captain Dunham of the 16th. Regt. whose Merit appears to be announced from all quarters—he is a very genteel man—of very handsome Tallents—and wishes the appointment if such an one is to be made. I should be satisfyed with either.
I with great respect & esteem   I am Sir your most Obt. Servant

N: Rice
Genl Hamilton


Title: Enclosure: [List of Military Appointments], [20 November 1799]
From: Rice, Nathan
To: Hamilton, Alexander

Captains

1
Ephraim Emery
appointd
Jany 10th. 1799

1

2
Thomas Chandler
do
do

2

3
Simeon Draper
do
do
☞
7

4
Nathaniel Twing
do
do

3

5
Solomen Phelps
do
do

4

6
John Tolman
do
do

5

7
Erasmus Babbitt
do
do

6

8
Phineas Ashman

March 6th 99

8

9
John Hastings

July 20th. 1799

9

10
Samuel Mackay

Jany 20th. 1799

10

First Lieutenants

1
Isaac Rand

Jany 10th 1799

2
Samuel Flagg

do

3
Alpheus Cheney

do

4
James Church

do

5
Robert Duncan

do

6
John Wheelwright

do

7
Jacob Allen

do

8
Henry Serjeant

July 20th 1799

9
William Gardner

do

10
Rufus Childs

do

11
Francis Barker

do

Second Lieutenants

1
John Roulstone
appointed
Jany 10th. 1799

2
William Leveritt
do
do

3
Thomas Durant
do
do

4
Daniel Hasting
do
do

5
James Gardner
do
do

6
Charles Hunt
do
do

7
Marshal Spring
do
do

8
Payton Gay

July 20th 1799

9
Thomas Hale
do
do