To Nathan Rice
N Y. May 13. 1800
I have received your letter of the second instant explaining the causes of the delay in forwarding pay and muster rolls, and rely on your exertions to produce greater regularity in future. When the articles happen not to be in the possession of the officers who are to make the returns it is proper that they should procure the necessary information without delay by applying to those in whose possession the articles may be.
I have received your letter of the fifth instant. The strong probability of a speedy disbandment of the additional regiments which is indicated by certain proceedings of Congress1 does not permit me to authorize an issue of Clothing before the year has expired without the sanction of the S of War. I have written to him on the subject.2 When he replies I will inform you of his decision.
The resignation of Dr. Hubbard is accepted.3 You will inform him accordingly.
Df, in the handwriting of Thomas Y. How, Hamilton Papers, Library of Congress.
1. Congress had been debating a measure that was passed on May 14, 1800, as “An Act supplementary to the act to suspend part of an act, intituled ‘An act to augment the Army of the United States, and for other purposes’” (2 Stat. description begins The Public Statutes at Large of the United States of America, I (Boston, 1845); II (Boston, 1850). description ends 85–86).
Section 1 of this act reads: “That it shall be lawful for the President of the United States to suspend any further military appointments, under the act to augment the army of the United States, and for other purposes; and under the ninth section of the act for the better organizing of the troops of the United States, and for other purposes; according to his discretion, having reference to economy and the good of the service.”
Section 2 of this act reads: “That the President of the United States shall be, and hereby is authorized and empowered to discharge, on or before the fifteenth day of June next, all such officers, non-commissioned officers and privates, as have heretofore been appointed, commissioned, or raised, under and by virtue of the said acts, or either of them, except the engineers, inspector of artillery, and inspector of fortifications. Provided always, that nothing in this act contained shall be construed to authorize any reduction of the first four regiments of infantry, the two regiments of artillerists and engineers, the two troops of light dragoons, or of the general and other staff, authorized by the several laws for the establishing and organizing of the aforesaid corps.”
Section 3 of this act reads: “That to each officer, non-commissioned officer and private, who shall be discharged from service by virtue of this act, there shall be allowed and paid, in addition to the pay and allowances to which they are now entitled by law, a sum of money equal to three months pay of such officer, non-commissioned officer and private respectively.”
For the action on this bill in the House of Representatives, see Annals of Congress description begins The Debates and Proceedings in the Congress of the United States; with an Appendix, Containing Important State Papers and Public Documents, and all the Laws of a Public Nature (Washington, 1834–1849). description ends , X, 691, 704, 713–16. For Senate action on this bill, see Annals of Congress description begins The Debates and Proceedings in the Congress of the United States; with an Appendix, Containing Important State Papers and Public Documents, and all the Laws of a Public Nature (Washington, 1834–1849). description ends , X, 149–50, 166, 169, 180, 182.
2. H to James McHenry, May 13, 1800 (listed in the appendix to this volume).
3. On June 5, 1799, McHenry wrote to H (in a letter listed in the appendix to Volume XXIII): “Dr. Oliver Hubbard has been appointed an additional Surgeon’s Mate, and directed to repair to Portland and place himself under the orders of Captain [Amos] Stoddard.” On May 3, 1800, H wrote to McHenry (in a letter listed in the appendix to this volume) that he was enclosing “a letter from Doctor Hubbard requesting that his resignation be accepted.” On May 5, 1800, McHenry wrote to H (in a letter listed in the appendix to this volume) that the President had accepted Hubbard’s resignation.