War Department 2^d August 1798 Sir. I received last tuesday evening your two letters dated the 14th, and one the 16th July ultimo with the papers to which they respectively refer. [undecipherable] has been assigned to the Pay master General, [undecipherable] that which will most favour, as circumstances [undecipherable] his dispensing of bills or his supplying bills or [undecipherable] the pay of the Troops in the North western Territory. [undecipherable] give orders in the matters necessary for [undecipherable]. You note in your [underline: confidential] letter of the 14th July last, Whether you may prevent French troops, or [undecipherable] of [undecipherable] who are ascending the Mississippi under [undecipherable] of their pretensions [undecipherable] and [undecipherable] advance into the Spanish territory to meet and [undecipherable] an invitation you [undecipherable] call to your aid the militia of the Mississippi Territory. The two question involves the same principle. I believe that it is well established as a general rule by the Laws of Nations that one enemy may not attack another in a neutral territory; but to this rule there are exceptions at least in practice — one exception is — If there be imminent danger of a great mischief which may not certainly be prevented [undecipherable] by entering into the neutral country, and there meeting the enemy in such case, upon the principles of necessity, this violation violation, neutral rights is excuseable or justifiable. however, be left to your discretion and judgement to decide upon the circumstances which may operate [undecipherable] this exception to the general rule before stated, and for a right decision and conduct on this [undecipherable] you must [undecipherable] be responsible. With regard to matters in the Western limits [undecipherable] are imminent, it will be considered that [undecipherable] more [undecipherable] imminent danger of invasion the Governors of States have the power [undecipherable] properly vested in them by the Constitution, it is [undecipherable] be attended with [undecipherable] difficulties to leave it upon this ground [undecipherable] even in preference to the President's writing in any [undecipherable] the Officers of a State, to take powers agreeably to the last [undecipherable] of Congress [undecipherable] the 9^th February 1798. Your 3^d Question — Is admissible of [undecipherable] it is as [undecipherable] towards the Coasts from the Seashore of the United States where deemed to ascend from New Orleans, with or without cargoes. When an Officer has good reason to suspect an attempt to be on board of any Vessel or Vessel bound from the United States to New Orleans, the exportation of which is prohibited by the laws of the United States, he may stop and examine such suspected Vessel, and if such articles should be found on board, seize and proceed against the property, and parties as the laws direct. You will observe however, that this is not a military offence and that Commandants of Posts [undecipherable] ought to be careful not to go beyond their powers or intermeddile, except in and doing, with cases committed solely to the civil authority. you suggest an idea, (in referring to your letters of the 16th & 9^th [undecipherable] ultimo) that you may possibly proceed to work with [undecipherable] the boundary line on the Mississippi, which separates the United States from Spain. Upon this subject the following instructions were sent to Captain Guion on [undecipherable] last. "I am told at this moment anticipates what may be the President's ultimate determination respecting the establishment [undecipherable] a new Post on the 31^st degree, on the boundary line. It will be proper however, in the mean while, that the grounds [undecipherable] be reconnoitered in that quarter, and a report [undecipherable] advantages of the different scites, eligible for a [undecipherable] — securing a position [undecipherable] cannot be lost, [undecipherable] to its practicability of commanding the river. 2. To its being safe [undecipherable] and accommodations of the river. 3. To its [undecipherable] within itself [undecipherable] a supply of [undecipherable] notwithstanding any [undecipherable] that may be directed against it. 4^th. To its easy communication with the Country, our posts, and armies. You will also cite the circumstances which give any position below a superiority over a post at the Natchez." There has not been time to receive any report upon the above points from Captain Guion. If you will therefore, if he has not made the examination required, direct him to do so with care, and to report promptly, according to his instructions, in order to the President [undecipherable] his final orders upon the subject. the great expence of erecting regular fortifications. whenever circumstances will admit, a cautious deliberation necessary, and proper, to ascertain their utility, previous to the commencement. I enclose the only Copy, which has been furnished to [undecipherable] Office, of the Laws of the last Session of Congress. I am Sir, with great respect your obedient humble [undecipherable] (signed) James McHenry [Brigadier General James Wilkinson]