Sir Trenton 16 [undecipherable] In answer to the last par-graph of your letter [undecipherable] instant, just received, I observe that I have already informed you. The law and express instructions from the Treasury Department, to the Pay Master General have opposed obstacles to making advances of pay to the troops. After a mature deliberation on the subject with the Comptroller, he appears indisposed to alter the instructions to the Pay Master General, and strongly bears against the [undecipherable: probable reading "expediency"] of advances. It is certain, that advances involve many inconveniencies, they promote irregularity in accounts, favour [undecipherable: probable reading "indolence"] in officers, by dispencing with forms, that ought to precede [undecipherable], and may, in cases of premature deaths occasion [losses] to [the] republic. Persuaded of these truths, I have no hesitation to avow, that I am desirous of avoiding responsibility on the score of advances myself, and to compel officers to produce their [returns] on [undecipherable] in due form and in proper time, to the appropriate offices. Would I be justified in acting contrary to a course specifically prescribed by a [law?], and deemed in[undecipherable] by the Treasury Department, unless indeed [such] circumstances exist of such a nature and urgency, as to render [strict?] compliance manifestly prejudicial to the Public [Service?]? It will ever be proper [that] the Commanding General of the Army, should represent the circumstances of urgency, which impose a necessity for a departure from established forms, to the Secretary of war — military operations in all countries, do frequently impose such necessities, but contemplating the existing law of [the United] States, will it not be proper to endeavour in all possible cases in this Country, to make the usage of armies, bend as much as possible to the law— and considering the intimate connection, the later has created, between the General and the Pay Master of an army, will it not always be most congenial with the existing law while it continues in force, that the General direct his order or warrant to the Pay master General, when advances are required— that he make his requisition of the Secretary, who previously informed of circumstances [undecipherable] the necessity of a call, and approving thereof, can give [energy?] [undecipherable] to the attainment of the object. Permit me to intimate that Colonel Ogden was lately with me, and proposed an advance, under a full impression, that the present circumstances of his regiment required established forms should be dispensed with. I thought otherwise, and succeeded in convincing him, that no difficulty, attended a due compliance with the laws. Nothing more seems to me to be required, than [that] the Inspector General shall name persons to muster [the troops?] monthly at every regimental rendezvous Sub rendezvous or in whatever situation they may be. 2. That where there is no muster master the officer commanding each troop or company or parts thereof with one other officer provided there is one, shall sign the usual certificate. This regulation which dispences with a muster master is agreeable to instructions from the Comptroller to the Pay master General. This course being pursued the pay of the troops may immediately assume its legal channel. I pray you therefore to give it your early attention, that we may be respectively relieved from embarrasment and responsibility, and preserve an attitude superior to insinuation. I shall direct the Pay master General to report to me the advance required as far as he has any information on the subject, and will for this time sanction it. I inclose the instructions to the Pay master General by the Comptroller, for your more particular information. I have the honor to be, with great Respect, Sir, Your Most Obedient and Humble Servant James McHenry [Major General Alexander Hamilton]