War Department 8 April 1799. Sir. I have been honoured with your letter dated the 29^th of March ulto. which was received on the 6^th inst. It brought me Maj. Gen Pinckney's letter of the 10^th of February, his list for appointments for North Carolina, and two letters of the [undecipherable] & 28^th of March, addressed to you by [undecipherable] Beale [undecipherable] and appointments in the army. [undecipherable] and [undecipherable] letters were all the papers contained in your despatch. It was conveyed to me your approbation of the [undecipherable], with orders [undecipherable] I should announce, as soon as possible, to the persons therein [undecipherable] their respective appointments. I shall immediately make the necessary communication to these gentlemen. You are pleased to inform me that M[undecipherable] [undecipherable] has been with you, and wish me to [undecipherable] his recommendations, and [undecipherable] [undecipherable] of, as I am led to believe [undecipherable] it may be proper to mention that there is no vacancy [undecipherable] made in [undecipherable] of the new Regiments which [undecipherable] been [undecipherable] from the [undecipherable] of Massachusetts. I had entertained a doubt, [undecipherable] to you, before your leaving Philadelphia when the act passed the [undecipherable] ulto entitled [undecipherable] authorising the President of the United States to fill certain vacancies in the army and navy, could be construed to intend appointments to offices which had never been filled. The act is in the words following. By it enacted &c. "that the President of the United States shall be, and he is hereby authorised to make appointments, to fill any vacancies in the army and navy which may have happened during the present Session of the Senate." It would appear, from your order relative to commissioning M. Barons, a Captain in the Battalion authorised to be raised and added to the 2^d Regiment of Artillerists and Engineers, by an act passed also on the [undecipherable] ulto. that the offices thereby [undecipherable] are to be considered, within the meaning of the act aforesaid, and therefore proper to be filled. I shall in conformity with this opinion, make out, as soon as possible, a list of names, including M. Barons, to complete the Battalion, for your approbation. There will be required for this Battalion. 1 major, 2 Captains and 3 lieutenants. You mention Major Lillie, and add, that his merits must be attended to. If Major Lillie is [underline: now], what he was formerly, when I knew him in the army, I have no scruple in saying, that he is deserving of the grade of major: but what he is now, with your opportunities you will be best able to ascertain. It must not however be wholly overlooked, that one major for this corps, has been taken from Watertown near Boston, and that two majors, for the same corps, may be thought more than the proportion due to any one State. On the other hand, the rule of apportioning officers to new corps, among the States, according to their representation, cannot be always adhered to without making very [undecipherable] service. It is not therefore to be expected that it will be invariably observed. While on this subject it is proper to suggest, that Jonathan Williams, of this City, whom I have employed, in several matters relative to the artillery service, appears to be better qualified than any person that has come under my view to fill the office of Inspector of Artillery; an office which agreeably to law, must be filled by an officer taken from the corps of artillerists and Engineers. I do not know that this gentleman could be induced to accept a captaincy of artillery, with this additional office; but if he does not, and cannot be appointed a Major, with a view [undecipherable] [undecipherable], I shall, knowing his usefulness, [undecipherable] [undecipherable] [undecipherable] the [undecipherable]. I had also thought of Cap: Wadsworth for his [undecipherable] I find that he is too much [undecipherable] in inspecting muskets, under [undecipherable] contracts to be of any use & [undecipherable] [undecipherable] he [undecipherable] appointed. [undecipherable] to the manner in which you speak of M. Burbeck that he is every way entitled to an appointment in the artillery; he will of course be placed in such station as you may be pleased to direct. By a statement made to you on the 8^th of Sept. ulto by Col Perkins who had commanded Castle Island, he presents John Burbeck as second lieutenant and gunner, and as having a wish to serve in the same station, and recommends him "as very capable of the rank of lieutenant" I am sorry the New England officers are impatient for their commissions. You will recollect that the nominations for the Regiment, whose Officers were to be drawn from Connecticut, did not come to my hands till a few days before they were appointed, and that it is little more than a month since their appointment. You will also remember, it was intended by you and the [undecipherable] officers, that the officers last appointed of the new Regiments, should not be affected in their relative rank, by being from that cause, considered junior to those first appointed; but that all the officers of the additional Regiments should be deemed to have the same pretensions, until an ulterior regulation of the general officers, should assign to each their relative station; and that the officers, from the three Southern States, are yet to be appointed. Was a partial issue of commissions to take place at this moment, or before the whole of the 12 Regiments were officered, I should apprehend, the measure might excite improper expectations of priority in those first possessed of their commissions, and occasion serious complaints from those whose commissions were necessarily postponed. These and other considerations induced me to address a letter [undecipherable] to the officers that have been appointed, [undecipherable] in the inclosed is a copy. The gentlemen appointed have just reason to complain. [undecipherable] could have issued in so short a time, so many commissions, without interfering materially with [undecipherable] more important business. Allow me to mention an instance in point where a number of Commissions for new Regiments or corps, are also required to be issued. The Officers for the army destined to be raised [undecipherable] the 5^th [undecipherable] 1792 were not commissioned for [undecipherable] months, after they had been appointed. [undecipherable] and I cannot discover a cause for [undecipherable] or complaint in the officers now appointed, particularly as there has yet been no avoidable delay. I have received a letter from Major General [undecipherable] dated the 6^th inst. of which [undecipherable] inclosed is a copy. There is [undecipherable] he [undecipherable] his proclamation [undecipherable] [undecipherable] no insurrection. The recruiting service for the New Regiments has not yet commenced, but I expect it will very soon, at least partially. As soon as the papers establishing the measures taken for the [undecipherable] come [undecipherable] and [undecipherable] [undecipherable] to put it in activity, [undecipherable] I shall have the honour to transmit them. I have the honour to be, [undecipherable], with the greatest respect [undecipherable] [undecipherable] [undecipherable] [undecipherable] James McHenry [undecipherable] John Adams President of the United States