Double Rations for General Wilkinson
Document 1800Brigadier General Wilkinson's claim to double rations should be decided entirely according to existing laws but it is McHenry's private opinion that a reasonable construction of the law would indicate that the General is entitled to double rations. A similar interpretation would embrace Maj. Generals Hamilton and Pinckney.
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[The Accountant of the War Department]
[May 19. 1800]
[War Departmt / James McHenry / May 17. 1800 / On the subject of double rations / paid the [undecipherable] & [undecipherable] / [undecipherable] Officers — with his present / [undecipherable] — with his present / opinion is [undecipherable] from [undecipherable]]
War Department, 17th May 1800
Sir,
I have received a second Letter from you this day calling for my decision in Cases which depend upon the Construction of existing Laws; and this, notwithstanding I informed you in my answer to the first, that I consider the construction and application of precise Laws or permanent Regulations affecting all public accounts to be the duty of another Officer, and also have several times heretofore, informed you to the same effect.
The case presented now is that of [undecipherable] [undecipherable] [undecipherable] Claim to double rations; all the facts are [undecipherable], I think not denied. He is clearly entitled to them. I consider him within the Spirit of the Laws providing for double Rations, and that being a very natural Construction of its Letter, he must be brought within that also.
The Word Station, as a technical Expression, will comprehend any military [undecipherable] [undecipherable] the [undecipherable] [undecipherable] of the Law. The words Separate post ought to be considered [undecipherable] Separate Command. In this [undecipherable] they [undecipherable] as [undecipherable] Major Generals Hamilton & Pinckney.
I have been told doubts are entertained whether the law on the Subject of double Rations applied to any others than the Officers of the Army, and of Posts which were in being at the time of its passing. This doubt does not appear to me to be a reasonable one. It is not to be presumed that the Legislature
would have meant to exclude the Commandant of a new post from advantages similar to those enjoyed by the Commandant of an old post, or to have put a future Officer in a worse condition than one existing at the time of the provision. Laws, I conceive, of the nature of the one in question ought to receive a liberal rather than a narrow Interpretation, and I am confirmed in this conception by the uniform practice in the Revolutionary War, to make extra allowances to Commanders of separate Armies or within separate Departments, for their extra Expenses.
With Respect to Commandants of inferior Stations or Posts, a Certificate from the Commanding General designating the Station or Post to be a distinct or separate one, and the Commandant of the same, and for what time, may be properly demanded, because the Commanding General may change Commandants & sometimes Military Posts, or break up the latter.
I will now repeat another opinion, that there can be no Reason to delay or refuse the Settlement of all the other Charges and accounts of Officers, because doubts are supposed to oppose a Settlement of a part of them.
I am Sir
Your obt
James McHenry
The Accountant of War Dept
Type
Autograph Letter Signed
Description
Brigadier General Wilkinson's claim to double rations should be decided entirely according to existing laws but it is McHenry's private opinion that a reasonable construction of the law would indicate that the General is entitled to double rations. A similar interpretation would embrace Maj. Generals Hamilton and Pinckney.
Date
05/17/1800
Author
Recipient
Sent from
War Department
Document number
1800051700101
Page start
1
Note
In an earlier letter of this date from McHenry to Simmons, McHenry cites two letters of the 21st of March and the 5th of May. The letter cited in this document may refer to a second letter of the 5th of May.
Cited in Simmons to Swan, 05/20/1800.
Notable persons
William Simmons
James McHenry
Brigadier General James Wilkinson
Major General Alexander Hamilton
Major General Charles Pinckney
officers
Commandant
Notable locations
War Department
Notable items
laws
regulations
public accounts
cases
claim
double rations
station
military situation
posts
settlement

