Discusses the possibility of granting the request of Col. Smith of the 12th Regiment. Smith has requested to be transferred to command of the 2d Regiment of Artillerists & Engineers, and to transfer a full battalion of officers and men from the "Union Brigade" to that regiment, claiming they are qualified to complete its numbers. McHenry considers the legality of such actions, as they concern the filling of appointments without the approval of the Senate. Also considers the suitability of Smith for the position -- McHenry knows him to be a capable officer from the Revolution, but believes that he is not the best candidate for this position. Reminds Adams that the position of commander to this regiment (as well as that of inspector of artillery) had been offered to Sir Benjamin Thompson, Count Rumford, and that theoretically this offer is still open. Later, he considers the propriety of these proposed actions as they proceed from "An Act giving eventual authority to the President of the United States to augment the army."