[Abby Gen^l opinions on the Law of Instructions 1798] Philad^a 16 Nov^r 1798 Sir, Having considered the letter of the Accountant in the War Department bearing date the 25 Oct^o last it appears to me that by act of 3^d March 1797 intitled an act to amend and explain part the act entitled an act to ascertain & 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 & 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 the 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 Obed Serv^t (Signed) Charles Lee [Copy] [a true copy from one furnished by the Sec^y of War | p^r order Accountants Office March 22^d 1798 | [undecipherable: Hagner?] P^r clk] To the Sec^y of War