War Department, Trenton 30^th August 1794. Sir, I received yesterday evening your two letters dated the 26^th and 27^th instant. On the subject of late Military appointments, presented by a letter from Lieutenant Colonel Bentley dated the 17^th copy of which you enclose. I have to observe, First — That it was the established practice of the Department of War, previous to my coming into it, to fill vacancies in newly created Regiments or Corps with new officers, and to continue to do so, until the Regiment, Legion, or Corps was recruited, or nearly so, and had marched to Head Quarters, after which and not before, the relative Rank was settled, and the rise of officers took place, according to the known principle of promotion. Second — That most of the Regimental Officers lately appointed, were recommended by the Lieutenant Colonels, and it was understood to fill the vacancies to which they have been appointed. Third — That no appointments are recollected to have been made lately, except to vacancies occasioned by non-acceptances or selections for the Regimental Staff, and never in cases of resignation after acceptance, a few instances of which have occurred. Fourth — That the Regiments were to be considered on every principle open to new appointments, without cause for sensibility in those previously appointed, until the relative Rank was settled, and that I had no information either from you or any other officer, [undecipherable] you, that the relative Rank for the Regiments mentioned, or any others, had been settled in consequence of my letter to you dated the 31^st March last, until I received your letter of the 25^th instant. Fifth — That the provisional designation to Grades and Rank in the Twelve Regiments now raising, made by the Board of General Officers at the seat of Government could only be considered as an adoption of office from the information before them. to the pretensions and abilities of their candidates, and not in any instance as giving a right to preference, [undecipherable] in consequence of non-acceptances by those placed above them. Sixth — [undecipherable] vacancies in Regiments, less than those you contemplate, have been filled generally by the recommendations of the Lieutenant Colonels, without respect to [those] who would have been next in succession, if promotion had commenced, and this without occasioning any complaint, that has come to [my] knowledge. Seventh. That it was natural hence to consider, that it [was generally] understood by the Officers themselves that vacancies occasioned by non-acceptances, or [other] regimental appointments were open, and might be filled by [persons] [undecipherable] elected to office without derogation to their respective [pretensions], or interests, or injury to their feelings. The [General] in a [undecipherable] letter to me dated the [undecipherable] March last, expressed himself [undecipherable] "I could not [undecipherable] that if a Captain, [undecipherable] declining his [undecipherable] during the act of [formation] [undecipherable] seniority [undecipherable]; so far from this [undecipherable] there a vacancy is occasioned by non-acceptance, that it may [be proper the Regiment] be filled by a new character as [in] the first instance; but [undecipherable] at the same time, that if you have reference to promotion, [undecipherable] which was made by the Board of General Officers (in all its parts) they had regard to all the combinations and qualifications, that have been suggested in settling the relative rank, is the safest guide you could have resorted to" [undecipherable] of the observations just quoted, and the denomination in the public [prints] of the appointment of Mr. Mercer of Virginia to a [Captaincy] in the Cavalry, and on the supposition, that it was a [promotion], that this gentleman had been originally arranged a [undecipherable]. The fact is, that Mr. Mercer had declined the [Captaincy] and [was] afterwards appointed as a new man to the vacant Captaincy. I have [presented] the [opinion] of General Washington to [show], it coincides with that I have uniformly held, viz: that all vacancies occasioned by non-acceptances during the [formation] of [officers] or Captains to be con- sidered open to new appointments, and that new characters, not [heretofore] selected (and Mr. Mercer was a stronger case) may be placed in them without injustice to those already appointed. The new character to stand precisely on the ground he would have occupied, if appointed originally, and to have the same pretensions respecting relative Rank. Acting from such impressions, the General has recommended to vacancies in Grades superior to Lieutenants occasioned by non-acceptances. Proceeding upon this principle, the Senate were apprised by the President, when the first nominations were made to them, that the relative Rank of the candidates would be in abeyance until the appointments for the whole Twelve Regiments were filled, and Commissions have not yet been issued to the Officers, but await the final and full adjustment of relative Rank throughout the Army, of which the Officers have been informed individually by circular letters from this Department. From the considerations and for the reasons detailed, it will be perceived I do not think it proper, to revise, the late appointments which have been [made] on the ground [that] the new [promotion] has been established, this can[not be supposed] previous to the [settlement] of relative Rank and a promulgation [in some] form of such ranks. If [however] Colonel Bentley will signify to me that it was impossible to [act] from a general recommendation, that when he recommended certain characters lately appointed to fill vacancies in his Regiment, he meant and intended they should only be appointed Junior Second Lieutenants, and did not express himself [or] particularly, from a presumption that his arrangement was before me, and also represents that the measure will now have no inconveniencies, nor occasion discontents, — I shall have no [difficulty] to [act] on such [information], and correct an error produced by his general [recommendation]. [The] Commissions have been delayed until the [appointments] of the [Twelve] Regiments were completed. — I shall however transmit [them] as soon as the derangement [consequent] upon a removal of the office will permit. You observe, the total [undecipherable] in the Western Army, the [undecipherable] (till very lately) [undecipherable] and any solicitude [undecipherable] [undecipherable] [got] every where, into an insupportable situation I must request to be informed on this subject of particulars in order, that if the defect of organization mentioned, has been occasioned by error or inattention on my part, I may in future avoid it. The existing regulations respecting fuel and Straw, and Stationery, I have supposed were not so exceptionable, or important, as to make it necessary, to lay aside more important business to take up the revised regulations, so far as they relate to these Articles, for consideration. A cursory view of the same, as extended to the number of Horses, to be allowed to certain Grades of [officers], also left an impression upon my mind, that upon this subject [there] a mature deliberation is requisite, previous to them being transmitted to the President for his Sanction, especially as in this [particular instance], you appeared to have [had more] to others, [than] yourself. The [new revised] regulations [undecipherable] this, before the first [undecipherable] [will be] as practicable, and this [consideration], and when sanctioned by the President, they will be immediately transmitted to you. The existing regulations respecting fuel, Straw [and undecipherable] in force, until the revised and extended [ones] supersede them, by their [sanction]. It is therefore presumable that Major [Howard] may have received [undecipherable] in the course of the correspondence relative to his accounts, from the [Accountant of the War Department]. This certain I have lately neither transmitted, nor given any orders on the subject to this [office]. The occurrence is [regretted], but you must permit me to observe, that it will always be [undecipherable] and most effectually [prevent] Embarrassments, and [undecipherable] of [the parties] to [forbear] acting upon regulations, which are to [emanate from] the President, until they have been confirmed by him, and regularly communicated — With [the greatest] respect, I have the honor to be, Sir, Your most [obedient] friend, James McHenry [Major] General Alexander Hamilton.