Head Quarters, October 12, 1778.

    Sir: I have received your Letter of yesterday's date and its several inclosures. No such act of Congress exists as that on which Captn. Carter founds his claim for forage. ⁴⁰ By Genl. Orders published about a twelvemonth since Captains of Artillery commanding two pieces, or commanding Regiments destitute of field Officers, were allowed forage, the reason in the latter case is obvious, in the former it is drawn from the necessity that might occur in time of action, of posting the pieces at some distance from each other; but besides that the reason on which the privilege is founded, does not subsist in Garrison.

[Note:Capt. John Champe Carter, of the First Continental Artillery, had caused the arrest and court-martial of a quartermaster for refusing to furnish forage for his riding horse. The court exonerated the quartermaster. ]

    The General Order is not so inflexible as to prevent the operation of orders issued in a detached post, and dictated by particular circumstances, but they are to be regarded as the Rule of Conduct for Officers on Duty there. I therefore approve the decision of the Court. I am etc.

    P.S. You are constantly to keep two weeks provision for two thousand men, at your post, an A. Commissary went to you yesterday in order to consult with you upon the means of completing that quantity for the present and keeping it constantly supplied. The Sentences given in the Case of Pendleton and Painter are confirmed. ⁴¹

[Note:The draft is in the writing of James McHenry. ]