[W.D. March 7. 1799. Brig. Gen'l B. Smythe of N. Carol'a Militia — Belvidere 7. 116 · 171] War Department, March 7^th 1799 Sir, I have to acknowledge the receipt of your Letter dated Belvidere January 16^th last with its enclosures. The President you may be assured, either did not receive the address from the Grand Jury of Brunswick County in the State of North Carolina, which you have ascertained was formerly put into the Post Office for transmission to him, or owing to domestic distress, at the time it might have been received, overlooked the same. The just rule of the principles it details, the exalted patriotism it breathes throughout, and the determination it annex of resisting aggression and injury, whether it advance in the guise of [undecipherable], or open force, operate a conviction on my own mind that the Address was not formerly received — it would have left an indelible impression on the President, all whose feelings are awake, and employed on the means of preserving the honor dignity and true interests of our Country, and which he knows to depend on the virtue and fortitude of its Citizens. I have now the pleasure to enclose in his own hand writing, an Answer to the Address of the Grand Jury of Brunswick County, in the State of North Carolina, which you will be pleased to communicate to the Gentlemen who composed it. Together with the printed copy of the Address from the [undecipherable] Party, I communicated to the President, your other Enclosures the individual exertion, and [undecipherable] which attended your endeavors, were highly gratifying. I am pressed with sentiments of high consideration for yourself as their [undecipherable: probable reading "General"], and the individually [undecipherable] Officers and Soldiers composing our Brigade more particularly who have evinced themselves [undecipherable] by declaring their intentions to offer in service to their Country. It is my duty and will be very pleaseure to do every thing in my power to facilitate to [undecipherable] those who are disposed to form a part of the Provisional Army, or [undecipherable] the manner in which the offer should be made to the [undecipherable] conformably to Law and the general regulations adopted by this Department. It is believed that neither "An act authorizing the President of the United States to raise a provisional Army passed the 28^th May last, nor the Supplement thereto passed the 22^nd June last, do admit of the acceptance of an organized Brigade of the Militia of a State as a part of the Provisional Army, nor is there any provision for so doing in "An act giving eventual authority to the President of the United States to augment the Army" passed at the close of the late Session of Congress; referring you to the laws cited, I observe that they contemplate offers of Service by companies only — The last mentioned law, confines the authority of the President, to organize all such companies of Volunteers, as have been or shall be accepted by him, into Regiments, Brigades and Divisions and to appoint all Officers thereof, agreeably to the general [undecipherable] prescribed by law for the Army of the United States; provides that such Volunteers shall not be compelled to serve out of their own State, a longer time than three months after they arrive at the place of Rendezvous, that they may be called forth, and employed to effect all the purposes, for which the President is authorized to employ the Militia, and limits the numbers of Volunteers that may be accepted, in the several States, the number for North Carolina being Seven thousand. This idea is much strengthened by the just enumerated provisions of the last Law. [undecipherable] authority exists for accepting an organized [undecipherable] of Militia of a State — the Volunteers are to be organized into Regiments, Brigades and Divisions, agreeably to [undecipherable] prescribed by law for the Army of the United States — and this organization, [undecipherable] of the Militia of the States, does [undecipherable] coincide. If the companies composing the Regiments of your Brigade are [undecipherable] formed and organized agreeably to the Military Establishment of the United States [undecipherable] severally, and [undecipherable], from the Brigade will offer their services as companies they can be accepted as parts of the Provisional Army, and afterwards the President may organize them as directed by law, into Regiments, and a Brigade, if they amount to a sufficient number — and your services would be advantageously employed in training and disciplining the whole — and this without obliging you to [undecipherable] your [undecipherable] in other matters, by requiring the explicit declaration of the acceptance of a Commission in the actual state of things, and propriety should absolutely require it under the military character derived from your State Commission — your services as aforesaid might only appear as an employment in consequence? The terms [undecipherable] under which the Services of Volunteer Companies may be accepted, [undecipherable] certain conditions prescribed to be acceded to, to be complied with, by the Company offering, and certain general regulations, connected with the Act, respecting such companies having been adopted by this Department, a copy of which I enclose for your information. Your own recommendation will be sufficient [undecipherable], and every Company in your Brigade who [undecipherable] their Services, and it is indispensably [undecipherable] that the [undecipherable] by companies under each Man's own [undecipherable] to be entered into in the [undecipherable] of [undecipherable] their Services in the Provisional Army [undecipherable] the numbers required by the military establishment of the United States which [undecipherable] must be forwarded to this Department. I have the honor to be with great respect, Sir, your most [undecipherable] James McHenry [Benjamin Smyth Esq^r Brig^t Gen'l N. Carolina Militia]