As to the fourth question, the execution of this law having been transferred to the State executives, I did consider all the powers necessary for its execution as delegated from the President to them. Of this I have been so much persuaded that, to companies offering their services under this law, I have answered that the power of acceptance was in the Governor, and have desired them to renew their offer to him. If the delegation of this power should be expressly made, it is hereby fully delegated. To the preceding I will add one other observation. As we might still be disappointed in obtaining the whole number of 11,563, were they apportioned among the several districts, and each restrained to its precise apportionment (which some might fail to raise), I think it would better secure the complete object of the law to accept all proper offers, that the excess of some districts may supply the deficiencies of others. When the acceptances are all brought together, the surplus, if any, will be known, and, if not wanted by the United States, may be rejected; and in doing this, such principles of selection may be adopted as, without any imputation of partiality, may secure to us the best offers. For example, first, we may give a preference to all those who will agree to become regulars, if desired. This is so obviously for the public advantage that no one could object to it. Second, we may give a preference to twelve-month volunteers over those for six months; and other circumstances of selection will of course arise from the face of the offers, such as distribution, geographical position, proportion of cavalry, riflemen, &c. I have thus, without reserve, expressed my ideas on the several doubts stated in your letters, and I submit them to your consideration. They will need it the more, as the season and other circumstances occasioning the members of the administration to be in a state of separation at this moment, they go without the stamp of their aid and approbation. It is our consolation and encouragement that we are serving a just public, who will be indulgent to any error committed honestly, and relating merely to the means of carrying into effect what they have manifestly willed to be a law. I salute you with great esteem and respect. TO THE SECRETARY AT WAR. MONTICELLO, August 12, 1807.