From James Bennett, 28 June 1799
Poughkeepsie June 28th. 1799.
I have the Honr. to hold the appointment of a captain in the 12th. Regt of Infantry Commanded by Lt Col Smith. and am informd. that Mr Hutton a Gentleman from Renseller County was appointed 2nd. Major, and has declined, and Capt Funday is in nomination to fill the Vacancy—I flatter my self that some General prinsopals will be establishd. to settle the rank of the Officer before vacancies will be filld. from the line—Capt Funday Capt. White and my self (I beleive) are the only Captains Which held Continental Commissions last War—and I concieve the senior Commission to be entitled to fill the vacancy. I conceive my self a candidate for the Office Which has Inducd. me to address this to General Hamilton Who I flatter my self will see ample Justice done—Mr. Wands, my 2nd Lieut. will deliver this
I am Sir You Obedt Huml Servt
James Bennet Cat.
12th. Regt. Infantry.
(ALS, Hamilton Papers, Library of Congress). On the cover H wrote a draft of his reply: "Acknowlege Receipt. The routine of promotion
has is not been supposed to apply in the constitution of a new regiment s or in promotions to vacancies till the organisation of the it has been once completed by the appointment of & acceptance of the field officers. But I have called the attention of the Department of War to taken care to bring his ⟨comparative⟩ pretensions to the vacant Majority ⟨& doubt not⟩ under the consideration of the Secy of War. Hamltn."