I can, nevertheless, agree in the position of the Commanderin-Chief, that when, in the case of a newly created corps, an officer declines his appointment, during the act of formation, the vacancy is not necessarily to be filled by the next in seniority.

But this is a rule rather to be narrowed than extended in its application; because it clashes with expectations that will inevitably grow up in the minds of officers, and in which their pride and self-love will always take a very active part. It is, in my opinion, to carry it to an impolitic extreme, to say that it shall operate until "the regiment, legion, or corps has been recruited, or nearly so, and has marched to head-quarters." And to apply it to a single case of promotion is to mistake its principle, as, from the subsequent expressions of the Commander-in-Chief, may be inferred to be his idea. The rule is naturally confined to the case of an officer in the original creation, who declines his appointment; in other words, who refuses to accept. The moment a station has been filled by acceptance, though but for a day, the right of promotion attaches to it, and, if becoming afterwards vacant, it is filled by a new person, this is a violation of the principles of service and of the just expectations of subordinate officers. It is not a correct answer to this to say, that a corps "is open to new appointments," or, as I understand the phrase, that the right of promotion does not commence till after the relative rank of the officers who have been appointed has been settled.

The want of a settlement of relative rank among them only leaves it doubtful what individual of their number shall succeed, but it does not involve any doubt whether aggregately they do not exclude a stranger. There is still a clear right of some one of them to succeed, to be effectuated as soon as the relative rank is established; and new persons ought to come in junior to them all.

The appointment, therefore, of a new person in the place of one designated to an office in the regimental staff, to take precedence of others before appointed, is irregular, and not warranted by the rule, if taken within just limits, or within the definition of the Commander-in-Chief.

Even the practice of introducing new men to vacancies occa

sioned by the non-acceptance of officers in the original appointment, ought not, in my judgment, to be continued till the corps should have been recruited or nearly so, and marched to head-quarters, as you state to have been the case.

This may be so long protracted as to postpone inconveniently the routine of promotion, and produce dissatisfaction. A reasonable period should be fixed within which acceptances may with due diligence be ascertained-suppose three months from the first appointment of officers. To keep the thing open for a year or more, which is likely to be the case in the present instance, if the completion of the regiment should be the criterion, could not fail to beget discontent even in men of moderate and subordinate tempers.

The recommendation of persons as officers by the commandants of regiments ought, I think, when the contrary is not expressed, to be understood to mean, that they shall come in as junior second lieutenants. If I recollect rightly, in one or two instances of an early date, they have expressed the contrary, and relying upon their judgment of the probable effect on their regiments, I have countenanced the recommendation. But I am clearly of opinion that this ought not to be the case in future; and that, considering the length of time which has elapsed since the organization of the regiment, it is indispensable that the routine of promotion shall henceforth prevail, with the exception perhaps of the fifth regiment, in consideration of the receiving of the appointments for it.

Military prejudices are not only inseparable from, but they are essential to the military profession.

The government which desires to have a satisfied and useful army must consult them. They cannot be moulded at its pleasure; it is vain to aim at it.

I must entreat, sir, that the observations which I have offered in this letter may be attentively weighed. They are urged upon mature reflection, and are believed to be material to your satis-faction and that of the officers-principal in command, to the satisfaction of all the officers, present and future, to whom they are applicable, and to the harmonious course of our military affairs.

With great respect and esteem, I have the honor to be, &c.

SIR:

HAMILTON TO M'HENRY.

NEW-YORK, Sept. 21, 1799.

I feel it as a mark of consideration for my recommendation, that notwithstanding the force of the difficulties which in your view operate against further advances not founded upon the prescribed forms, you are pleased to declare that you will once more give your sanction to the measure. I must entreat you even to go a step further, and to order that it be without fail done. For symptoms bordering on mutiny, for the want of pay, have been reported to me as having appeared in the twelfth and thirteenth regiments and discontents, less turbulent, have been communi. cated from several other quarters; an explosion any where would injure and discredit the service, and wherever the blame might really be, would be shared by all. No one can be more deeply impressed than I am with the necessity of a strict adherence to general rules and to established forms. But there will occur circumstances in which these ought to be dispensed with, and it is equally important to judge rightly when exceptions ought to be admitted, as when the general rule ought to be maintained.

The creation of a new army, in which every officer from the highest to the lowest is of new appointment, and in respect to which, in and out of the administration, there is a deficiency of some essential organs, presents a case which with the utmost diligence and care will require and justify relaxations.

For instance, the law and the instructions of the Treasury Department require that the pay of the troops shall be founded upon warrants of the commanding general, regulated by the reports of the paymaster-general, or, as I maintain the construction of the late law to be, of his deputy, with a separate command. How was that practicable when the paymaster-general was at Cincinnati, and he had no deputy any where? How can it now be done with reasonable convenience and expedition, when he resides at Philadelphia, and he has no deputy attached either to my command or to that of General Pinckney?

Again, muster and pay-rolls are to be in certain precise forms, prescribed by the Treasury; these forms were received by me only four days since, and consequently could not hitherto be in the possession of the commandants of regiments. It will not be said that I ought to have called for them; because certainly it lies with the department to communicate its own regulations uncalled for. Are the soldiery to suffer a privation of pay for several months, because these forms, never prescribed, have not been fulfilled?

It is true, that when I was at the head of the Treasury Department, these forms passed under my eye; but it is no less true that I had forgotten the circumstance, and that considering it as an attribute of the inspector-general to devise forms, where none were before established by higher authority, I had caused to be prepared forms of muster and pay-rolls to answer the present exigency. Surely, as the matter is situated, these forms ought provisionally at least to serve as substitutes for the established ones.

Various other particulars might be added to prove that dispensations with the ordinary forms ought to take place in relation to the new regiments; but the foregoing are sufficient for the illustration.

Every effort, no doubt, ought to be made, and on my part will be made as fast as possible, to put this and every other matter in its proper and regular train; but time is requisite, and the organs which depend on administrative authority must first be instituted.

The Treasury as well as the War Department has too often experienced the necessity of accommodating relaxations in special cases, not readily to admit upon reflection that they are right in the existing position of our new army.

As to the persons, who are to muster the twelve regiments, they are, by my direction, the commandant of the regiment and the surgeon, or person officiating in that capacity. It seems to me that till inspectors are appointed, nothing could be done which would promise greater security to the public. I did not like to multiply agents; I consider that this is substantially conformable

to the instruction from the Treasury, and will be so understood; if not, you will please to inform me.

With great respect, I have the honor to be, sir,
Your obedient servant, &c.

HAMILTON TO SWAN.

SIR:

NEW-YORK, September 22d, 1799.

Having forgotten the circumstances known to me when at the head of the Treasury Department, that forms of muster and pay-rolls had been prescribed by the Comptroller of the Treasury, I instructed the Assistant Adjutant-General to devise forms of those documents, and to transmit them to the several commanders. You will find herewith the forms thus prescribed, with a letter from the Adjutant-General, explaining the differences with the reasons of the alterations. Brevity was the principal motive of them. In all military documents it is peculiarly desirable to consult conciseness as far as it may comport with perspicuity and accuracy; military men in the midst of active operations have very little leisure for writing.

Having observed thus much, I shall only further say on this point, that I have no predilection for the new forms; and am perfectly content that the old shall continue with or without modification to meet such of the alterations as may be deemed improvements.

But the essential point is to have the officers, without delay, furnished with those forms which it is expected shall be ob served, accompanied with the requisite instructions for carrying them into execution.

To this end I have issued the order of which the inclosed is a copy, and I expect that you will without delay send the several paymasters and persons acting as such, the forms and instructions.