Head Quarters, West Point, August 5, 1779.

    Sir: My doubts as to the intended operation of the Resolution of the 28th. of June, upon the subject of vacancies and the mode of filling them, whether it was meant to take immediate effect in all cases, or to operate only where arrangements had been made, and my earnest wish not to contravene the views of Congress or the rights of the executive authorities of the States in any instance, have induced me to transmit to your Excellency the inclosed arrangement of the Massachusetts line, which Congress if they think proper, will send to the Board of War that Commissions may be issued upon it. It has been a work of much time, and, even in the last instance from the confusion in which matters were involved, it closely employed seven General Officers seven or eight days. All the Officers or all but a very few, at least I know nothing to the contrary having appointed none myself, obtained appointments, I believe, from the State; or were mentioned in the arrangement begun by the Committee of Congress at White Plains; but many hold different grades from what they did at first, which is the cause of my referring the matter to Congress, being arranged by the Board to vacancies, which have happened by deaths resignations &c. A like conduct with respect to arranging vacancies, has been and was of necessity pursued in the arrangements of the other lines by the Committee and different Boards which have sat on the business, or it must have been left nearly in the disordered, imperfect, dissatisfactory and injurious state, in which it was found. But those arrangements preceded the Resolution in question, whereas the present has been made since. If it should be the pleasure of Congress to carry this into effect, I would take the liberty to suggest, that the sooner the Commissions are made out the better, as the Officers are incessant in their applications upon the subject. The arrangement in some instances, particularly in the case of the 7th. Regiment (late Aldens) which makes a part of the Army under General Sullivan is incompleat, and no industry or inquiries of the Board could make it more perfect.

    Before I conclude I think it necessary to mention the case of Mr. Pettingill, who stands arranged a Major to a vacancy, which happened on the 26th Ulto. and to which he was intitled from his seniority in the line of captains. Some time this year he obtained a Commission from the State, dated as he suggests the 25th. of Novemr. 1777 for the Majority in Colo. Wessons Regiment, which superseded several older Captains of equal merit, and, as soon as it was known on account of the uneasiness it excited, occasioned a memorial from the field Officers, of which the inclosed is a copy ⁹³ . The matter was laid before the Board of General Officers, who heard Mr. Pettingill, and found that he had not the smallest pretensions to promotion before the vacancy to which they have arranged him. I would farther observe that Mr. Pettingill, finding that his promotion gave great dissatisfaction, wrote to the Board of War upon the occasion who referred his case to me by their letter of the 21st of June.

[Note:This copy is filed with Washington's letter in the Papers of the Continental Congress.]

    I inclose your Excellency an Extract of a Letter received the 26th Ulto. from Doctr. Shippen.

    In my letter of the 2d, inclosed your Excellency an extract of a letter of the 29th Ulto. from a confidential correspondent in New York. As I thought the intelligence contained in it, so far as it respected the Enemy's Ships of War and the embarkation of troops, might prove interesting to the naval expedition to Penobscot. I transmitted on the 3d by express, to the Honble. the Council of Massachusetts Bay, and also the information in the inclosure No. 4 by yesterday morning's Post, which I had just received in a letter from Lord Stirling. The Council were very early advised by letter from General Heath, that several of the enemy's ships of war, which were afterwards detained by the taking of stony point, as mentioned in the confidential correspondence from York, were preparing to sail. I hope our fleet will be on their guard. I have the honor, etc.