[August 19. 1798 Nº 11— H. to Pickering or McHenry] [165] [Private] New York, August 19^th 1798 My Dear Sir, I write you herewith an official letter. Your private one of the 14^th is before me. I regret that you have been unwell and rejoice that you are better. The affair of General Knox perplexes me. I wish him to serve. I am pained to occasion him pain, for I have truly a warm side for him, and a high value for his merits. But my judgment tells me, and all I consult confirm it, that I cannot reasonably postpone it myself in a case in which a preference so important to the Public in its present and future consequences has been given me. In denominating the preference important, I do not intend to judge whether it be well or ill founded — In either case its tendency is important. I am willing to confer — to adjust amicably with the advice of mutual friends — but how can I abandon my pretension? At foot, My Dear Sir, I transmit you the draft of such a reply as it seems to me proper for you to make to General Knox. It may also be well for you in a private letter to advise him to accept with a reservation of his claim ad referendum upon the ground of the rule he quotes and with the understanding that it will not be understood to engage him to continue if the matter be not finally settled according to his claim — Adieu My Dear Sir, Yours very truly (Draft above referred to) Sir An answer to your letter of the 5^th instant has been delayed by some degree of ill health on my part — The general disposition it marks accords well with the patriotic sentiments you have so constantly manifested. It is extremely regretted that any circumstance should induce you to hesitate about the acceptance of an appointment in which it is not to be doubted your services would be eminently useful. The Paragraph of my former letter which you quote explains to you my conception of the relative rank of the Generals in question as resulting from the order of the nominations and appointments. This conception however cannot affect the claim of either if there be any subsisting binding rule in our military Code which will arrange the priority of rank between officers nominated on the same day according to their relative stations in the late army. This will naturally be the subject of some future decision in some proper mode. It is not understood that there has been any formal repeal of the rule to which you allude. It remains then for you to determine whether you will or not accept the appointment with the reservation of a claim to the benefit of that rule. With great consideration and esteem I have the honour to remain Sir Your very obedient Servant