[Opinion of the Atty Genl. on the Subject of Major Cushings pay as Inspector Nov. 16] Philadelphia 16^th November 1797. Sir, Having considered the letter of the Accountant in the War department bearing date the 28^th October last it appears to me that by the Act of 3^d March 1797 entitled an "Act to amend and repeal in part the Act entitled an Act to ascertain and fix the military Establishment of the United States" none but a Captain or Subaltern in the line can be appointed to the Office of Brigade Major or Inspector and the same Captain or Subaltern in the line may be appointed to both those offices; in which case he will be entitled to the additional pay and extra rations and commutation for forage not furnished which are allowed to both. If Major Cushing is a Field Officer in the line it seems to me he cannot lawfully hold the Office either of Brigade Major or Inspector; but if he can hold one he may hold both and be entitled to the additional pay and emoluments of both. — I have the honor to be Sir very respectfully your obedient Servant, signed, Charles Lee. To the Secretary at War. (Copy) --- 66 (Sir,) In answer to the 25^th of October I enclose you a copy of the opinion of the Attorney [General] thereon, by which I presume it will be proper the pay master should be governed. &c I am Sir, Your obedient Servant, James McHenry William Simmons. (Accountant.)