Caleb Swan Esq^r Department of War Paymaster Gen^l Accountants Office May 21 — 1796 Sir Lieu^t Stites of the Cavalry sometimes since presented an account for settlement for his pay as Lieu^t A^djut^t and Quarter Master, and for his forage — his pay was reported on the old established rule of not allowing in three different capacities and a Question arose whether he was entitled to forage in any other that of a Lieu^t as the act expressly mentions "when forage shall not be furnished by the public" I contended that forage was furnished him by the public as a Lieu^t and consequently he was not entitled to any further allowance the business was referred to the Attorney Gen^l who has decided against the Claim as you will observe by the enclosed Copy of his decision I send you this for your government in future on this head — The Attorney Gen^l is of opinion that when ever forage in kind, or money in lieu has been furnished by the public the officer though doing the duty of different appointments is not entitled to forage but in one. I am &c William Simmons Nicholas Fish Esq^r Department of War Supervisor Accountants Office New York May 25, 1796 Sir The Treasurer of the United States will remit upon you One hundred and seventy eight Dollars being for the pay of Lieu^t Horatio N. Dayton, and the Crew under his Command at Governors Island up to the 30^th April 1796 inclusive which you