[Docket on cover: [undecipherable] the Attorney General of the United States on the Claim of Lieu^t Campbell Smith, Lieu^t Webb and Major Cushing — [undecipherable] Military accounts] [Address: W^m Simmons Esq^r. / Accountant of the / War department] [Endorsement: James McHenry / the a[bove] / have seen] War Office, February 12. 1798. Sir, I enclose you the opinions of the Attorney General of the United States on the claims of Lieu^t Campbell Smith, Lieutenant Webb. and Major Cushing. I concur in them. — and am Sir with respect Your obedient Servant James McHenry William Simmons Esq. Accountant of the War department Philadelphia, 10^th February 1798. Sir, Relative to the claim of L^t 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 posefs 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 should be paid for his services, as in any other case not expresly provided for by law, where in justice compensation is due from the United States. For adjusting the quantum payable to Lieu^t Smith for his services as Judge Advocate, no better rule can be suggested than the allowance fixed by law to this Office and the contingent fund appears to me to be the proper fund for paying this claim. — These principles apply to the case of L^t Webb of the Cavalry, who formerly a Captain of the Cavalry and deranged 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 claim of Major Cushing is distinguishable from each of the former as he was appointed Brigade Major and Inspector by General Wilkinson, who ought not to have appointed a Field Officer to either of these Offices but was directed by law to appoint to these offices out of the Captains and subaltens of the line. Yet as these services were necessary and were rendered, the United States owe a compensation to Major Cushing, which I think may also be paid out of the contingent fund rather than he should go unpaid. I am Sir most respectfully Your obedient servant signed Charles Lee To the Secretary at War [A true Copy from the original on file in the War Office. N. [undecipherable: probable reading Jones] Clk.]