[Address:] William Simmons, Esquire / Accountant for the / Department of War. [Docket:] War Department / 10 January 1800 — James McHenry — inclusing an Extract from [undecipherable] for [undecipherable] information [undecipherable] / do this War Department, 10^th Jan^y 1800. Sir, I enclose a Copy of a Letter written yesterday to General Pinckney on the subject of reimbursing the necessary [underline: Expenditures] in cases of immediate & vigorous pursuit after Deserters, in answer to a Letter from him of the 31^st ult^o: an Extract from which is likewise enclosed. You will please to take such measures, if any shall seem necessary to you, as will facilitate a prompt settlement of any accounts which may be presented respecting the pursuit and apprehension of Deserters. I am, Sir, Your obed^t. Serv^t. James McHenry W^m. Simmons, Esquire Acc^t. W.D. [Copy] War Department, 9^th Jan^y 1800. Sir, I have received your letter dated the 31^st ult^o. I answer without delay to that part of it which seems to apply the Regulations respecting Extra Allowances to Officers, dated the 19^th December 1798 to cases of vigorous search or pursuit after deserters, which is a misconception the service may materially suffer from. The other parts I must reserve for a future but early answer, as I am pressed exceedingly to prepare certain necessary communications on military subjects for Congress. I do not conceive that the Regulations cited apply to the case of search after Deserters: An express and in my opinion definite provision for which is made by the last resolve added to the appendix of the Rules & Articles of War, which has the high sanction of a Law, and cannot be superseded by Regulations applying only to incidental & contingent Services, not specially or particularly contemplated by any Act of Congress, but growing out of the actual necessities of service. The Resolution you will refer to. It makes it the duty of the commanding Officer of any of the Forces in the Service of the United States, upon report being made to him of any desertions from the Troops under his orders to [underline: cause the most immediate &] [underline: vigorous] search to be made after the Deserter or Deserters, which may be conducted by a commissioned or non-commissioned Officer; if the Search shall prove ineffectual it makes it the Duty of the Officer commanding the Regiment or Corps to which the Deserter or Deserters belonged, to advertise [strikethrough: undecipherable] them — offering a Reward not exceeding Ten Dollars for apprehending & securing them. This Resolution you will observe is mandatory; it prescribes Duties which ought not to be declined, & when performed by the orders of the proper Officers, it is equally positive in prescribing "that the charges of advertising Deserters, the reasonable extra Expences incurred by the person conducting the pursuit & the reward shall be paid by the Secretary at War on the Certificate of the commanding Officer of the Troops". I shall transmit a Copy of this Letter, together with an Extract from yours on this Subject to the Accountant for the War Department, and request him to furnish such instructions as may appear to him (if any are) necessary to facilitate a prompt settlement of all accounts respecting the pursuit & apprehension of Deserters. I have the Honor to be, With great Respect, Sir, Your ob. Serv^t. Major General Ch^s. C. Pinckney. (Signed) James McHenry. Extract from General Pinckney's Letter, referred to in the answer of the Secretary at War. "The allowance for travelling expences from every investigation I have made is altogether inadequate to the most economical disbursements. The consequence is that the Public Service is often essentially neglected; as commanding Officers feel a repugnance to order Officers on duties where the pecuniary expence which must necessarily be incurr'd by the Officer will involve him in very serious embarrassments. Lt. Col. Hall of the 9^th Regiment has forcibly shewn the matter in a Letter to me, of which the following is an Extract — "Lieut. Bentley who was last week sent in pursuit of the three Deserters reported, that after a tour fatiguing & expensive, he return'd with one of them. This evening he heard of the other two, who had been enquiring their way to Cumberland; I would have sent him in pursuit of them, if I had not thought the expence too oppressive for a Subaltern's pay. This is certainly a necessary expenditure; but I have seen no regular provision made for the repayment; and an Officer had better give it up, than attempt to hunt it through the different Offices of the Money Department. The instructions of the Secretary at War under the date of June meant perhaps to embrace this. I must acknowledge I do not clearly understand them, but so far as I do, I think the allowance inadequate even with the greatest economy to their diet, and very short of that of hiring a Horse. I shall be very happy to receive your Directions in this case. I have never yet had a Deserter taken by advertisement, I have had several by a rapid and persevering pursuit." True Copy, [undecipherable], Cl^k War Dep^t.