[Address: W.^m Simmons, Esq^r / accountant for the War Dept. / Philadelphia] [Filing notation: [undecipherable] Commandant / [undecipherable] / 19. 1796] West Point. February 7^th 1796. Sir, M.^r Freeman, as you may see by the inclosed note of his, has communicated a letter that he received from you respecting his proceedings as a Pay Master to the corps of [undecipherable: artillerists] &: Engineers; you approve his regularity, and good order in doing business, and I declare here that I do myself approve of it also; and that in bestowing my Enlogium upon him, I reprove the Principle upon which you, M.^r Freeman and myself are acting, for a Subaltern doing the duty of a Staff officer of a Regiment, ought to be entirely and wholy under the orders of his Superior officer, [underline: and not as far as it lies in his Power, which in this case of the inclosed letter signifies, as far as another Superior will permit.] Such a thing in Service is a Monster, which cannot exist. to give to the Pay Master an existence after your Ideas, let him [interlined: in a civil capacity, not] be chosen by you or by the Secretary of War, [underline: out of the Line of the] officer, and you will not hear, on that Subject, utter another word. he will receive your orders in the forms that you will chuse to adopt; and I will Subscribe, and cause every body in the corps, to be Submissive [interlined: that you will have:] to the regulations you will please to adopt; and to transmit to your agent with the corps. if you Suppose the Law respecting the organization of the Corps, Still existing, and one or many Pay Masters chosen by me, or by any other Person, among the officers of the corps, you must adopt the way pointed out by the Sec. of War — the formation of a Council of administration, in which the Pay M.^r is a Member, &, at the same time the agent of the Regiment, the responsibility of three persons instead of one offer at least so much Security to the U.S. as one, who is acts of your own chusing, and whom the cmd may removed at Pleasure; you may be certain also that any mismanagement in this council would soon be exposed, for every officer suffering by the scheme of others, in the council would have an opportunity, to be, by the books, how his [undecipherable] person had acted before him. another observation in your letter which I beg leave to differ with you in, is respecting the 8 Dollars kept from every recruit untill his joining the corps — the law does pay them those 8 Doll. to be kept, from the recruit after his joining, untill the [undecipherable] [interlined: regards of the list of funds] officer who enlists him has fulfilled his contract, but it is my duty to insist on those complaints of the Soldiers, being removed and this back pay made up — the reason for this being kept of over the fulfilment of contract of this officer, cannot be made use of under no pretext whatsoever, nothing ought to be mentioned to them that can lessen the confidence of the Soldiers in this officer. althô I am Differing with you in opinions upon some points I wish you would be persuaded that is does not influence in any thing the Sentiments of Esteem and respect with which I am Sir, yours all [undecipherable] — [undecipherable: Rochefontaine] Lt col comd. of art. & Eng. [Send back the letter of M.^r Freeman to the regulation of the Sect of War — W.^m Simmons — Esq.^r acct. for the War dept.] P.S. inclosed you will find, a report respecting Jourdan Kersey, a Mulatto Inlisted contrary to the regulation of the Sect. of War respecting the recruiting Service — the man has been mustered, but it has caused So much uneasiness amongst the men, that he has never appeared on parade under arms or in any other way. — I did not think my duty to muster him as a waiter, for the Law does not contemplate Such beings in the Service, those granted to the officers to assist them, are not dispensed with their Military duty, they are only excused of daily guard. — I'll be glad you would mention the matter to the Sect. of War — the Soldiers would not even suffer him to wear his regimental, and no clothing has been issued to him since 3 months — that he is entitled to a New Suit. --- Sir Lieu.^t McCallens commanding the Company of Capt. McBee having represented to me at the day of muster, the Case of Jourdan Kersey an Inlisted Soldier in his Company. I have made the enquiry you requested; & find he is a man of Colour, [duly] Inlisted in the Company of Cap.^t McBee & retained as a Waiter by L.^t Rowan West Point. Feb.^y 8.^th 1796 [undecipherable] Sir yours obt. Hbl [undecipherable] [referred to the Secretary of War's decision, but not mustered as Soldiers] [undecipherable] Loude Rep: Rochefontaine L.^t col. comd. of the corps of art. & Eng. adj.^t