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[I 140]
War Department,
Trenton, Octr 14 1799.
Sir,
I have received a letter from Major General Hamilton dated the 10th ult. in the following words. "Enquiry has been made of me by the commandants of the several Regiments, with respect to the construction of the last Resolution in the Appendix to the Articles of War. They wish to know whether this resolution gives a reward to parties of Soldiers, who may apprehend Deserters. I would thank you for your opinion on the subject. Of the expediency of giving a reward to parties of Soldiers that may be successful, in the pursuit of Deserters, I have no doubt, as it would make them zealous, and active in the search, and would save expence, by obviating the necessity of resorting to other means."
The President of the United States, also lately, referred to me, a complaint made to him by a Citizen, that the usual reward of Ten Dollars, had been refused to him, for apprehending and delivering up to a military Officer a Deserter from Captain Miller's Company of Infantry. This claim appears to have been grounded upon, a Certificate from [undecipherable: probable reading Allender] Borne, Captain in the 2nd Regiment Artillerists and Engineers, that the Deserter had been delivered to him at the Barracks Carlisle Pennsylvania, on the 28th November 1798, by a Mr Hugh Mc Allister; and also a Certificate from Francis Gibson Lieutenant 2nd Regiment Artillerists &c that the same Deserter was tried at Reading, and found guilty of desertion. There are endorsements upon these Certificates, one by yourself, dated the 15th August last, purporting that they were presented to you by Hugh Mc. Allister for the allowance, and that you informed him, it could not be allowed. Another by the Paymaster General of the same
same date, purporting that if the Accountant could not allow this claim he was not at liberty to settle it. The President's orders to me are, that I shall enquire and satisfy myself, that justice is done in this case.
Considering the Question proposed by the Major General, and that arising out of the case referred by the President, as ultimately resting on the construction which may be given by the Comptroller to the last resolution in the Appendix to the Articles of War, and very expedient to be settled as well to prevent delays respecting claims of this nature in future as for the case of the accounting Officer — I have to request you will consult with the Comptroller of the Treasury, and inform me whether the resolution cited is thought susceptible of an equitable construction which will permit making the allowance of Ten Dollars — 1st To individual Soldiers or parties of Soldiers in any case, or 2nd To Citizens who may apprehend Deserters from the Army, before they shall have been advertised, and such reward offered by the Advertisement. —
I am Sir &c
[signed] James McHenry
William Simmons Esqr.
Acct of War Dept.