[M-1055] [Endorsement, address panel: James o.H: McHenry / 17^th October 1799 / War D[epartment]] [Center docketing notation: [undecipherable] anything or Conference and / the letter of the 14^th from [undecipherable] / [undecipherable] the latter of the [undecipherable] [undecipherable] / relative to the following therein] War Department Trenton 17 October 1799. Sir I wrote you on the 14 Inst. to which I refer quoting a letter I had received from Major Gen^o Hamilton dated the 30 Ult^o relative to the expediency of giving a reward to parties of soldiers, that may be successful in the pursuit of deserters; expressive of his opinion, that it would make them zealous and active in the search; and would save expence, by obviating the necessity of resorting to other means. I also detailed a complaint made to the President by a Citizen and referred to me, with orders to enquire and satisfy myself that Justice is done in the case, that the usual reward of ten dollars had been refused to him for apprehending & delivering up to a military officer a Deserter. Considering that the Major General expresly put the question — Whether Parties of Soldiers who may apprehend Deserters, are entitled under any circumstances to a reward? and that another question arose out of the case referred by the President, both which questions must ultimately rest, on the construction, which may be given by the Comptroller to the last resolution in the appendix to the articles of War, which it was very expedient should be settled; I requested you would 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 1^st To individual soldiers or parties of soldiers in any case? or 2^d To Citizens who may apprehend Deserters from the army, before they shall have been advertised, and such reward offered by the advertisement? Your reply of the 16 instant, informs me what the practice has been, but does not answer explicitly to my questions, nor inform me that you have consulted the Comptroller, which I deem very material. I must again suggest that it is necessary to advise with the Comptroller and that you should give to the questions proposed explicit answers — I am fully convinced that the resolution in question, will support the practice you detail — [underline: but my object is] to know whether an equitable construction by the Comptroller will extend the allowance to apprehensions made previous to an advertisement offering the reward of ten dollars. It is proper to observe, that the reasons you now assign, for refusing the reward, which makes the subject of complaint to the President do not appear in your indorsement, on the certificates presented; that to reject applications without expressing a cause, must excite discontents and produce very disagreeable effects; that the muster rolls not exhibitting the person apprehended, as a deserter, ought perhaps, not countervail the proof of the fact, corroborated by the sentence of a Court Martial; and that your other ground — "It did not appear he had been advertised as a Deserter, or any reward offered for his apprehension"; Is included in one of the questions to which I must request explicit answers. I am Sir Your Obedient Servant James McHenry The Accountant of the War Department