[David Hale / rec'd 13 april / and 15^th] William Simmons Esq. West Point April 18^th 1797 Sir, Enclosed you will receive extracts from two letters which were handed to me yesterday by Col. Rochefontaine; One, from Mr. Nathaniel Cudworth, father of the late Lieut. Cudworth to the Secretary of war - the other, from the Secretary to Col. Rochefontaine. By inspection of which you will perceive that they have immediate reference to the affairs of the said Lieut. Cudworth. And my object in laying them before you is to request information, whether, in case any pay was due him at the time of his decease, it could be drawn by his administrator here for the discharge of his debts? The administration of his affairs was undertaken, pursuant to an article of war, by Capt. M'Kee, who at that time commanded the battalion to which Lieut. Cudworth belonged. But when he (Capt. M'Kee) was ordered from this garrison, the business not being closed, it was necessary that some person should take it off his hands. Nothing, but motives founded in principles of humanity, & a respect for the memory of an unfortunate brother in arms, could have influenced me to encumber myself in a business that did not immediately belong to me. But when almost every other officer on the [strikethrough: garrison] had positively refused to interfere in any respect with it, I was induced to put myself in the place of an administrator, thereby making myself responsible for the debts of the deceased, as far as assets should come to my hands. His cloaths which have come to my knowledge amounted to about 160 or 170 Dollars. The amount of his effects which were sold here, was about one third of that sum. - Mr. Freeman having examined his receipts informs me that I^lt. Cudworth had been paid up to the 31^st of July. He deceased on the 8^th of Sept. Consequently one month & eight days of pay should be due. - its rations - especially it cannot now be ascertained whether any were due. Could the above amount of pay be drawn into my hands, if found due, I might be able to pay about fifty per cent on the account of his debts. I would solicit the favour of your reply on the subject & to be directed in what channel it can be received, should it comport with the rules of your Office for an administrator to receive it - whether a receipt, acknowledging to have received of you the amount, I have remitted to any friend in Philadelphia, would be a sufficient voucher? I have to acknowledge the receipt of your letter of the 30^th ultimo. I am much obliged by your attention to my request respecting the letter addressed to Mr. Fleming. I am, with due respect, Sir, Your very Obedient servant D. Hale L^t Art^y William Simmons Esq. [Extract of a letter from Nathaniel Cudworth to the Secretary of War, Dated January 24^th 1797] [Extract of a letter from the Secretary of War to Col. Rochefontaine, Dated [undecipherable] 1797] Extract "Charleston, South Carolina Jany 24^th 1797 I have some time since received a letter from Adjutant Lovell, informing me of the inventory aforesaid being taken, & also that the debts of the deceased amounted to about six hundred Dollars. - I therefore wish, & should think it a particular favor, you would be pleased to direct, that the effects specified in the inventory aforesaid should be disposed of, & the proceeds equally divided amongst the Creditors of the deceased, [underline: and also if there was any back pay, and rations due that the amount of the same be appropriated in like manner.] I am, Sir with sentiments of esteem Your most obedt servt" James McHenry Esq. Secretary War Department } (Sign'd) Nathaniel Cudworth United States Extract War Office, 10^th February 1797 "Enclosed you will receive the Copy of a letter received yesterday from Mr. Nathaniel Cudworth, the father of the late Lieut. Cudworth, & you will be pleased to take order thereon accordingly. I am, Sir, respectfully, your most obedt. servt" Sign^d James McHenry Colonel Rochefontaine