I am much obliged for your favor of the 9th June, which I did not receive till the 15th instant, when I came to town for inoculation; general permission having been given by authority therefor, and that being the last day: I had just returnd from Falmouth time enough to take hold of the Opportunity.

I have the pleasure to congratulate you on the light and easy manner, in which Mrs. Adams and your family, as well as Mr. Cranche's have gone through the disorder. Upon this occasion, people are collected here from all quarters by thousands, Col. Warren and wife, Mr. Sargeant and his new wife, Pincin,1 Lowell with his children, Dana with his wife and child, &c., &c. This is the 14th day with Mrs. Cushing and Me; the Symtoms have been somewhat disagreeable, owing chiefly, I imagine, to the present warmth of the Season, but I have only three pox that come to any thing, which are filling, she not more, both of us likely to be rid of the distemper soon. As to the affair of appointments, I had diverse times heard before, and felt, your generous and disinterested behavior—but rejoice that it is, as it is—having beforehand dictated the same thing to diverse Reps. Representatives our way.2

Col. Warren has absolutely refused. Our minds are still upon Sargeant; if peradventure he may be once more appointed, he will accept. Brother Foster and Sullivan are fond of the matter and are determined to say all they can to bring it to pass. With respect to the manner of our holding courts, we did it perhaps, with as much Solemnity as heretofore, and with better acceptance than when last attending; our sitting being to all appearance agreeable to people of all ranks and degrees. By an order of General Court we took up all actions standing on the book continued before, and continued them again, 420also by like power admitted entry of appeals and complaints which had fallen to the ground by the failure of Courts, giving Judgment on defaults, but continuing such matters as were any ways open to dispute, and ordering notice to be given to adverse parties, by those bringing actions forward. At Ipswich, where we whil'd away the time till Friday morning, the Grand jury found four bills, two for theft, one for housebreaking the other for robbery on the high way, but leaving out the felonies, being determined to have no hanging matters in hand, till you come to help pull a rope. Indeed the man robbed (of some paper money) was absent and out of the province, so that the felony could not have been proved, had it been laid. Two pleaded guilty; the housebreaker, who in a drunken fit blundered into Dr. Putnam's house in Salem3 at midnight, mistaking the house where his sweetheart lived, and the Robber were tried and convicted, and all punished. Great number of Complaints were entred at Ipswich. No jury trial in any civil action. Attornies present, Pincin, Sargeant, Lowell, Mansfield—Hichborn, Morton, two Parsonses and Wetmore;4 the five last being admitted to their oaths on motion, without delaying a term, considering the Scarcity of Lawyers arising from deaths toryism and running their country. Mansfield was appointed to act instead of Attorney General; government not having given us one yet, and the three first Gentlemen not coming in till the Charge was over. Sargeant and Lowell came directly from General Court, to which they belong. Both at Ipswich and York we were introduced by the Sheriffs with some degree of pomp and Respect. Moulton5 was particularly zealous in the matter. At York and Falmouth we adjourned the Courts to Monday 5 oC. afternoon before the next terms respectively, as Mr. Sewall was at Council and Bradbury6 desired the same favor. No bills at York. No Grand jury at Falmouth, the venires to Lincoln, miscarrying. But the Cumberland jurors appeared, which were insufficient to make a Pannel. The two last Courts were very Short, especially Falmouth. Col. Sparhawk was over at York at the opening of Court and Parson Stevens7 and dined with us. All things went on decently and in Order.

Brother Foster Winthrop and I went over to Kittery and Spent a day and a night with the Colonel and view'd the forts there, which with what nature has done, seem a Sufficient defence of Portsmouth from any naval Attacks. John Wait our Sheriff at Falmouth is a very likely man and will make a very good Officer. The ruins of Falmouth are truly melancholy to behold: All below Bradbury's house, and both Sides of what they called Kingstreet, with old Parson Smith's house at 421the head of it, are in ashes—excepting only Mrs. Rosses Two houses standing together, which Mowat drew up his Ship against, as it is said, to prevent our people from setting fire to.8 At the foot of Kingstreet Brother Sullivan has built a fine battery, besides diverse others in convenient places for annoying the Ships, also there are two considerable forts on the Top of the great hill.

Your declaration of Independence happend in good season, to preclude all shorn proposals and pretences of reconciliation. We hear of ten thousands Germans on their way to New York, when tis said their army will amount to nigh 20,000, and not more. I hope this Summer will put a Settled period to the Sanguine impudent expectations of Tyranny. Low regimen, mercurials and the operation of Small pox have prevented my writing you Sooner. By Act of General Court we are to hold Superior Court at Brantree; but I imagine Boston will be sufficiently clear of Infection to hold it here by the fourth Tuesday of August. Yr. affte. Friend & humble Servt.

Mr. Paine has done me the honor to write to me on the subject of casting cannon, in consequence of which Mr. Byers a Cannon founder from this place has proceeded to Philadelphia.1 I take the liberty to beg he may be set to work immediately and if upon a large scale the advantages must be proportionate. As every hint to a Gentleman in Acting in your important Station may be attended with good consequences, I also take the liberty of mentioning the Importance of the working the Copper mine in the Jersies.2 The members of Congress from that Province can without doubt give you some good information Respecting it. I am informd if the works were repaird 100 tons a Year might be gotten from it. If so it is of infinite consequence that it should be look'd into. I hope the importance of the Affair will be a sufficient excuse for my troubling you with it.3 Wishing you every blessing in life I am with the utmost Respect, Your Most ObDt Hble Servant

At length I have been able to comply with the first part of a Resolution of Congress of the 27 Ultimo relative to a return of the vacancies 423in the Several Regiments composing that part of the Army under my immediate command.1

I thought to have made this Return much sooner, but the dispersed situation of our Troops—the constant duty they are upon—the difficulty of getting returns when this is the case, especially when those Returns are more than probable to undergo several corrections and the variety of Important Occurrences which have intervened of late to withdraw the attention from this matter will I hope, be admitted as an excuse, and the delay not ascribed to any disinclination in me to comply with the order, as I shall while I have the honor to remain in the service of the United States obey to the utmost of my power and to the best of my Abilities, all orders of Congress with a scrupulous exactness.

With respect to the latter part of the aforementioned Resolution of the 27 of June, I have to observe that I have handed in the Names of such persons as the Feild Officers of the Several Regiments and their Brigadiers have pointed out as proper persons to fill those vacancies. I have niether added to, or diminished ought from their choice, unless the following special information which I conceivd my indispensible duty to give, should occasion any alterations.

For the 20th Regiment then, late Arnolds, there are two Competitors, to wit Col. Durkee the present Lieut. Col. who has had charge of the Regiment ever since the first establishment of It, and Lt. Col. Tyler of Parson's Regiment. The pretensions of both and a State of the case, I have subjoined to the list of vacancies given in by Genl. Spencer as I have also done in the case of Colo. Learned to another list Exhibited by Genl. Heath. If Learned returns to the Regiment, the Vacancies stand right. If he should not, I presume the Regiment will be given to the Lieut. Colo. Wm. Shepherd who stands next to Tyler in Rank and not second to him in reputation.2 This change would in its consequences occasion seviral moves. There is a third matter in which I must be more particular, as It is unnoticed elsewhere, and that is, the Lieut. Colonel of Wyllys's Regiment,3 Rufus Putnam acts here as a Cheif Engineer, by which means the Regiment is totally deprived of his services, and to remove him from that department, the public would sustain a Capital Injury: for altho he is not a man of scientific knowledge, he is indefatigable in business and possesses more practical knowledge in the art of Engineering than any other we have in this Camp or Army. I would humbly submit It therefore to Congress, whether It might not be best to give him (Putnam) the appointment of Engineer with the pay of sixty dollars per Month:4 less than which I do not suppose he would accept as I have been obliged in order to 424encourage him to push the business forward in this our extreme hurry to give him reasons to believe that his Lt. Colo. pay would be made equal to this sum. If this appointment should take place then, It makes a vacancy in Wyllys's Regiment which I understand he is desirous of having filled by Majr. Henley5 an active and Spirited Officer, now a Brigade Major to Genl. Heath.

I am sorry to take up so much of your time as the recital of these particular cases and some others require, but there is no avoiding It unless Congress would be pleased to appoint one or more persons in whom they can confide, to visit this part of the Army once a Month—Inspect into It, and fill up the Vacancies as shall appear proper to them upon the Spot. This cannot be attended with any great trouble, nor much expence, as It is only in the part of the Army under my immediate direction that such a regulation would be necessary, the Officers commanding in other Departments having I beleive this power already given them.6

I have the honor to inclose a list of the Officers of the Regiments at this place and long ago directed the like return to be made from the Northern and Eastern Troops which I hope is complied with. I also make return of the Artillery according to Colo. Knox's report and of the Ordnance Stores &c. agreable to the Commissary's Return.

I come now to acknowledge the receipt of your favor of the 20 Instant with seviral Inclosures relative to a proposal of Mr. Goddart7 and beg leave to give It as my Opinion, that the Introduction of that Gentleman into the Army as Lieut. Colo. would be attended with endless confusion. I have spoke to Colo. Parsons who is a very worthy man, upon this subject. I have done more—I have shown him the Memorial: in answer to which he says, that in the conversation had between him and Mr. Goddart, the latter was told, that unless Lieut. Colo. Tyler was provided for—The Major Prentis advanced to a Lieut. Colonelcy in some other Regiment—and his eldest Captain—(Chapman)8 not deprived of his expectation of the Majority, his coming in here would give uneasiness, but nevertheless if It was the pleasure of Congress to make the appointment he would do every thing in his power to make it palatable. If all these Contingencies were to take place before Mr. Goddart could get into a Regiment he had been paving the way to, what prospect can there be of his getting into any other without spreading Jealousy as he goes?

With respect to the Regiment of Artificers, I have only to observe that the forming them into one Corps at the time I did, when immediate Action was expected, was only intended as a Temporary expedi-425ent to draw that usefull body of near 600 Men into the feild under One head and without confusion. The appointment of Officers therefore in this Instance was merely Nominal and unattended with expence.

The mode of promotion whether in a Continental, Colonial or Regimental line, being a matter of some consideration and delicacy to determine, I thought It expedient to know the Sentiments of the Genl. Officers upon the consequences of each, before I offered my own to your Board, and have the honour to inform you that It is thier unanimous Opinion, as It is also mine from Observations on the Temper and local Attachments of each Corps to the Members thereof, that Regimental promotions would be much the most pleasing; but this it is thought had better appear in practice than come announced as a Resolution, and that there ought to be Exceptions in favour of extraordinary merit on the one hand and demerit on the other—the first to be rewarded out of the common course of promotion whilst the other might stand and sustain no Injury. It is a very difficult matter to Step out of the Regimental line now, without giving much Inquietude to the Corps in which it happens. Was It then to be declared as the Resolution of Congress, that all promotions should go in this way without some strong qualifying clauses, It would be almost impossible to do It without creating a mutiny. This is the sense of my Officers. As also that the Promotions by succession are not meant to extend to Non Commissioned Officers further than Circumstances of good behavior &c. may direct.

As the list of Vacancies are returned in consequence of an Order of Congress and would I doubt not be referred to your Board, I have sent no Duplicate—nor have I wrote to Congress on the Subject, but that I may not appear inattentive to their Commands, I must request the favor of having this Letter or the substance of It laid before them. I have the Honor to be Genle. &c.