[Copy] The Secretary of War, to whom was referred the petition of Monsieur Poirey, formerly Secretary and Aid de Camp to the Marquis De la Fayette, Reports — That it appears that the petitioner M^r Poirey, served as Secretary to Major General La Fayette in the army of the United States, and that he may have occasionally performed the duties of Aid de Camp to that officer; but whether as supernumerary and only cannot be rendered certain, without recourse being had to the general orders issued by the Commander in Chief and Major General La Fayette. It appears also that Major General La Fayette was charged, from time to time, with two important separate commands, and that the petitioner has neither received pay from the United States, as Secretary, nor as Aid de Camp. As Secretary, his title to compensation may be referred to two resolutions of Congress, dated June 1^st, 1777. The one stipulates that the pay of a Secretary to a Brigadier General in a separate command be fifty dollars a month during such command. The other, that the pay of the Secretary of the Commander in Chief, in the northern department, be sixty dollars per month. Supposing the intention of these resolutions to embrace Major Generals in a separate command, the obstacle to the Poirey's claim arises from the act of limitation and a local waiver of it as stated in her petition. As Secretary of continuation both exclude the petitioner from compensation for his services, but it is for the House to determine how far any given circumstances that may have influenced to the law for altering the pay of Major General La Fayette, apply to the case of his Secretary. The Secretary can his time is not continuing as at alluded to, it is most thely interesting from several own desolations. In imitation of fifty rose and from a movement of disinterestedness, he waived his demand for pay, when it might have been claimed, and only resorted to it when misfortune and distress seem to have rendered the application a duty. It is therefore submitted, whether the informality of the petitioner's waiver and his being beyond sea when the act of limitation passed, which might have kept it from his knowledge; or if known to him, the probability there is that the situation in which he found himself at the time was unfavourable to his using it, does not, when taken together and independent of other considerations, pave the way for a decision grounded upon the original justness of his claim. All which is respectfully submitted to the House of Representatives. [signed] James M^cHenry Sec^y of War War Department April 5 1796.