Philadelphia, 10 February 1798 Sir, Relative to the claim of D^r Smith, who was appointed Judge Advocate to the Army by the commanding Officer Gen^l Wilkinson in General orders, and who for sometime as it is stated to me rendered services in that capacity to the United States, it is my opinion he is equitably entitled to compensation for those services. Though Gen^l Wilkinson does not in my opinion possess the power of appointing the Judge Advocate as I have seen no act of Congress vesting such a power in him, yet as the President of the United States with the advice of Senate has omitted to make the appointment, which omission has been supplied by the commanding Officer for the good of the public service, I think the Judge Advocate sho^d be paid for his services as in any other case not expressly provided for by law, where in justice compensation is due from the United States. For adjusting the quantum payable to D^r Smith for his services as Judge Advocate, no better rule can be suggested than the allowances fixed by law to this Office and the contingent fund appears to me to be the proper fund for paying this claim. — The same principles apply to the case of D^r Webb of the Cavalry, who formerly a Captain of the Cavalry and during [undecipherable] took the command of a company of Cavalry by the orders of Gen^l Wayne, when there was no other Officer holding a commission where the Company was. He ought to be paid as Captain during the period of this extraordinary service out of the contingent fund. The