The Commissioner for Army Accounts to whom was referred the Petition of Daniel Pendleton late a Captain of Artificers. Begs Leave to Report: That the Objects of the Petition are, 1^st. an Allowance as Paymaster & Clothier to his Company 2^d. an Allowance as Agent on the final Settlement of the Accounts of his Company, and 3^d. Half pay for Life or Commutation in lieu of it On the first Article your Commissioner has to Observe that [strikethrough: the [undecipherable] Company's Pay to Clothier at the time this] duty was executed by [strikethrough: him] Lt. Mr. Pendleton [strikethrough: at the [undecipherable] had their [undecipherable] after 1779 the Company [undecipherable] by the] Petitioner [strikethrough: having [undecipherable] the funds] during the duty of Paymaster & Clothier [strikethrough: was] executed by [strikethrough: the Petitioner's] Company which in equity may deserve some Compensation, but as there is no precedents of any such Allowance altho there have been formal Captains in the Army commanding separate or detached Corps who have executed this duty and as there is no existing resolve of Congress that would Countenance such a recompense the Commissioner therefore Supposes that an Allowance to Mr. Pendleton would be improper unless Congress think it advisable advisable to Establish a general rule for all Cases of this Nature. In respect to the Petitioners Second request, which is an Allowance to him as Agent to his Corps, your Commissioner is of Opinion that he is entitled to the Same, and that the Resolve of the 6^th September instant has provided for this Case. Your Commissioner further begs Leave to Report, respecting the Petitioners demand for Commutation, that Congress did on the 19^th of October last refer to your Commissioner a report made by a Committee of Congress on the Petition of Sundry Officers of the Corps of Artificers for half pay or Commutation, which report your Commissioner was directed to take order on and is in the Words following. Viz: "The Committee Consisting of "To whom was referred the Memorials of Several Officers of the late Corps of Artificers praying that in Settling their Accounts they be allowed the Commutation of half pay as founded on Justice or on the Acts of Congress. beg leave to Report. "That the Claim of those Officers does not appear to be founded on the usage of Nations nor in Equity. they believe that half pay has been allowed to Military Officers partly from a regard to the hardships and Personal dangers to which they were exposed, but chiefly from a Consideration, that by a long Continuance in the Military line, they may have lost those habits by which they formerly had been enabled to provide for themselves or family. which reason does not apply so fully to the Officers of Artificers. Your Committee are of Opinion that their sole reliance this Occasion must to the Acts of Congress respecting the Officers in the Corps of Artificers, and they do not find any resolution by which they are intitled to half pay or Commutation, on the Contrary they seem to be expressly Cut off from such Claim. The Original Act of Congress of May 15 1778 by which half pay was promised for Seven years Confines the same to Military Officers, which Certainly did not include the Artificers, and your Committee are of Opinion that all Subsequent Acts, which relate to half pay, the same denomination of Officers must be intended unless in Cases where other Officers are expressly mentioned. Surely the Act of October 21. 1780 promising half pay to Officers who might be deranged, never could be Construed as giving half pay to any Class of Officers who had no Claim to half pay had they Continued in Service to the end of the War. If any doubt could have arisen whether the Artificers were intended to be included in the promise of half pay it must be fully removed by the Act of the 16^th November 1779, it was then Resolved — that it be recommended to the several States, States," to allow the Corps of Artificers established by Congress the 12 Instant, all the benefits provided for Officers and Soldiers in the line of their Quotas of the Continental Battalions except the half Pay. — after this pointed and express exclusion of those Officers from the allowance of half pay Your Committee are of Opinion that nothing but a Subsequent promise equally pointed & express can give them a title to the Same. none such has been made, Wherefore they Submit the following Resolve, "That the Officers of the late Corps of Artificers, in the Service of the United States, are not intitled to half Pay or the Commutation for half Pay." Your Commissioner Supposes that he is not warranted to grant the Commutation to the Petitioner unless he has the direction of Congress. All which is humbly Submitted Jn: Pierce Office of Army Accounts [undecipherable] 1783