[Archival notice, Page 1: "Illegible Text — Some or all of the pages of this file are wholly or in part illegible. We have not been able either to locate a better copy of the document, or to enhance its legibility electronically."] War Department 29^th. May 1799. Sir, Complaints having been made, relative to the enlistment of apprentices, for the army of the United States, I have been led to reflect on the propriety or expediency [undecipherable] policy of such enlistments. Young men of respectable families, [undecipherable] properties, are not [empower'd?] by [their?] apprentices, to learn a profession, or to be initiated in some lucrative trade, and on [undecipherable], it could only be in motives of [undecipherable] election, that such would [undecipherable] themselves in [undecipherable] in the army, if enlisted, [undecipherable] on the [undecipherable] of their families, and [the act?] of enlisting [undecipherable] to make re-cruiting [undecipherable] and improper. A large class [of men] are constantly [undecipherable], who are by [undecipherable] no respectable connections, and [small?] or no property. [There are those who?] learn agriculture, [undecipherable], or mechanical trades, or some one of the inferior, and laborious occupations, such as in the earlier stages of their apprenticeships, from want of strength, and [skill?], are [a constant?] charge, [at this?] of little or no service to their masters in this charge is ...borne by the master, in expectation of being remunerated by the services of the apprentice, when he acquires sufficient ability of body or [skill?] which he does not acquire, until he approaches [undecipherable] or before [undecipherable] at an age, which would qualify him to become a Soldier, at this period to enlist [him?], would be [undecipherable] the master who had accumulated a charge for which he was about to be remunerated. I have seen opinions [undecipherable] by, which [deny?] the capacity in the apprentice to enlist, being [undecipherable] under [his?] contracts, as well as the power or right to force him to military service, in opposition to the masters claim. The 4^th. Section of [undecipherable] [undecipherable] the [President?] of the United States to [raise?] [an?] "provisional Army" [undecipherable] private Soldiers who are, and who shall be enlisted, [under?] the service of the United States, [undecipherable] [undecipherable], for every debt or contract. This but appears to me to contemplate only persons who have not engaged their personal labor, or services, [but?] have the misfortune to be [in?] debt. It is however under the 4^th. Section of this Acts that officers have construed the [authority?] to enlist, and [undecipherable] [undecipherable] [undecipherable] [undecipherable] [undecipherable] [upon?] the [undecipherable] it appears to me, that the act [of?] this would not justify the [detaining?] of apprentices if enlisted from their masters, and the detention of them, would do [undecipherable] in most cases to their masters; [that?] of apprentices is [undecipherable] disqualify them to [engage?] in engagements for military service; and [then?] [undecipherable] only, [at this?] [undecipherable] [undecipherable] [undecipherable] [undecipherable] opinion [undecipherable] families; I am [satisfied?] that the practice of enlisting apprentices is improper, and as it would tend to make re-cruiting service extremely unpopular, impolitic. You will therefore, if you concur [in my?] opinion, instruct the different [Army?] officers, to [avoid?] as much as possible the enlistment of apprentices, and in no case to do so [knowingly?] without the consent of their masters. The enclosed [purports?] to be the proceedings of a General Court Martial, held at [undecipherable] the 2^d. [undecipherable], by order of Captain George Ingersoll commanding and you will recall the [undecipherable] opinion, [formed?], [undecipherable] personal, and [consider?] [among?] the [undecipherable] articles of [War?] and trans- mitted to me, under date of the 29° February last, that no officer commanding, any regiment or other corps ([undecipherable] organization of [undecipherable]) which forms a command [just?] superior to that of a regiment, can appoint a General Court Martial; consequently that no officer commanding either of the brigades on [the?] [undecipherable], has power to constitute such a [court?]. In other words, none but a General, or his representative, can do it." [I?] had no objections excepting to [the proceedings?] of the officers [constituting this court?], [the?] [name?] of one [of the?] advocates for one of the members is [made?] to sign the proceedings as [Recorder?] and neglects to [certify?] [that?] two thirds of the members of the court, concurred in a sentence of death, would have rendered it impossible to execute the sentence. You will be pleased, to take such other [steps?], respecting the [undecipherable] [implied?], as you shall seem proper. The Commandant [undecipherable] [undecipherable] you [undecipherable] was induced to order the [court?] in consequence of the late general error of opinion, that he in his capacity, had authority. Your Sir with great respect your obedient servant James McHenry [Major General Alexander Hamilton]