I have the honor to acknowledge the receipt of your favor of the 2nd instant, stating the dispute of rank between Captains Zeigler and Ferguson, and also covering the certificate of the promotions and appointment in the quota of Pennsylvania troops in the service of the United States, made by the Executive Council on the 26th of November 1787, To wit: Lieutenant Ashton promoted to be a captain, vice Finney resigned, the senior Ensign promoted to be a Lieutenant, vice Ashton promoted, and Robert Thompson appointed to be an Ensign.

Your letter contained the first intimation of the dispute alluded to. Early after the formation of the present corps, I directed the commanding officer to assemble the other field officers, and the inspector, as a board to settle the relative rank of all the officers of the regiment. But the dispersed and distant situation of the several companies prevented a compliance with my orders.

On considering the subject of rank of the officers on the present military establishment, it appeared perfectly reasonable to me, that all the commissions should be dated on the day of the resolve of Congress which gave existence to the corps. That unless this point were made a principle, officers might loose or gain what they regard as an esential right from the accidental circumstances of the legislature of the State to which they were attached meeting a little earlier or later as the case might be, accordingly the commissions were all dated on the 12th of April 1785, and the settlement of their relative rank was left to the judgement of the field officers.

But as the resolves of October 1786, augmented the troops, by which officers might be introduced on the same grades with those previously in service, it became necessary to hold up the principle, that officers, in the service of the Union should in cases of original appointments, take rank from the dates of the acts of Congress by which they were raised, notwithstanding any difference of relative rank during the late war.

In holding up this idea as a principle, I did not think it ought to operate prior to April 1785. The corps raised for one year by the resolve of Congress of the 3rd of June, 1784, I considered merely as militia, and I conceive this conclusion was fully authorized, as well by the letter as the spirit of the said resolve, and that such temporary service ought not in equity, nor could not with military propriety be estimated as a counterballance for the established relative rank which might have subsisted for several years of the late war.

Notwithstanding my opinion on the subject of the troops raised by the resolve of June, 1784, the Executive Council possess the right on an original appointement, to arrange their officers as they please, but perhaps they may on consideration be of opinion, that it might conduce to the harmony of the service to leave the decision of the present dispute to a board of field officers. If so, and you should be pleased to intimate such disposition to me, I will direct the commanding officer accordingly. I do not conceive that the service can suffer any degree of injury by the time such reference would require as the present stations of the two officers are greatly separated.

I should be much obliged by being informed, whether any measure have been taken by the Legislature of Pennsylvania in consequence of the requisitions of Congress of the 3rd of October last, for replacing the troops on the frontiers. I have the honor to be Sir, With the highest respect and esteem, your most obedient and very humble Servant,