[undecipherable: partial text cut off at top of page] The Commissioners for settling the Accounts of the late Army, to whom was referred the Memorial of David Henley beg leave to report: That the memorialist held a regular Commission as [strikethrough: the] a Colonel of a Regiment of Foot in the Service of the United States of America his rank commencing from the first day of January 1777. That no arrangement took place after the date of his Commission until in the year 1779, the Army was new organized, and the Supernumeraries were then considered as retiring on 5 years pay under the resolves of Congress of July 16, 1778, Feb 14 1779, May 25 1778, June 4, 1778, August 24, 1778, Nov 22, 1778, July 2, 1779, March 9, 1779, Oct 5, 1779, which were carried into effect by the late Commissioner in Chief, as appears by his returns and left in the War Office. That Col. David Henley was not continued in [undecipherable] when [undecipherable] the arrangement took place, while his [undecipherable] was [undecipherable] to suppose, that Col. Henley was then become a Supernumerary Officer, and entitled to only the [undecipherable] as [undecipherable]. Your Commissioner however begs leave to state the grounds on which the Col. was [undecipherable] his Union [undecipherable] for commutation [undecipherable] as [undecipherable] that he not being removed to any [undecipherable] the service, ought to enable him to be considered as an Officer of the line in General, and not as belonging to any particular State, which [undecipherable] he [undecipherable] being acknowledged, will [undecipherable] prevent his being affected by the [undecipherable] account of 1779, and conducted him in the end of December 31, 1781 which has given the Commissioner [undecipherable] Your Commissioner on considering this [undecipherable] cannot consider it as conclusive, because [undecipherable] The Commission on which he founded his claim, [undecipherable] is the highest evidence [undecipherable] continued [undecipherable] as any regiment, and the public Officers are therefore obliged to consider him in the same light as the other Officers of the regiments at that time — the only difference between them is that he became as a supernumerary in the service at [undecipherable] much earlier period than the others, that it could not take place, as the arrangement [undecipherable] generally [undecipherable] would any arrangement under the [undecipherable] authority of [undecipherable] [Aug. 28 1785] [undecipherable: Col. Henley] [undecipherable]