New York Feb.^y 26^th 1788 Sir I have agreeably to your request attended to the nature and circumstances of the appointments made to the late Major Elisha Painter by the United States and take the liberty to State my opinion on them for your consideration On the [undecipherable] day of [undecipherable] 1776 he received a regular military commission as a Major in the battalion of which Col. Seth Warner Esq. "is Colonel" which commission must be construed as continuing in full force until revoked by Congress. On the 18 January 1777 the above appointment was revoked but on the 25^th of April following he was reinstated in it and was directed to return to his command in the said regiment as a Major thereof unless Gen. Washington shall think proper to appoint him to any other office or employment in the army not inferior to his present rank. On the 6^th of May 1777 Clement Biddle [undecipherable] by command of his excellency Gen. Washington certifies or orders that Major Painter is to superintend all the artificers &c which I look upon as no new appointment and as not conveying any rank whatever and therefore his commission as a Major was no way affected by it — Gen. Washington could and often did detach Officers from their Regiments on extra duty in the Staff departments but the execution of which has never been construed as a relinquishment of their appointments to places in their Regiments, they having always returned to their Regiments after they had performed their particular duty and received their promotions in the same manner as if they had never been removed from them. The right therefore of Major Painter to a place in Col. Warners regiment ever continued and the appointment of another Major in his place was illegal & directly contradicted by the Resolve of April 25. 1777 — From this view of his appointments I consider him as entitled to the same rights and emoluments as if he had actually done duty in the regiment and that all the acts of Congress respecting the regiment affected him and on the contrary he never was affected by any of the acts that affected respected the artificers. The arrangement made of Col. Seth Warners Regiment on the 7^th of August 1779 by virtue of the several acts of Congress if