Articles of Account Not Admitted By War Department Accountant

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CollectionNational Archives and Records Administration: Post Revolutionary War Papers, RG94 view image
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Date March 27, 1802
Author Name Lewis Tousard (primary)
Recipient Name [not available]
Summary Lewis Tousard submits remarks on articles on his account which were not admitted by the Accountant of the War Department;
Document Format Document
Document Notes [not available]
Content Notes [not available]
Related Persons/Groups Colonel Lewis Tousard; Louis Tousard; Accountant; Secretary of War; workmen; Samuel Dexter; General Henry Dearborn; Mr. Puzey; Mr. Foncin; Attorney General; Inspector of Artillery; Inspector of Fortifications; servants; President of the United States; Corps of Artillerists and Engineers; ;
Related Places Accountant's Office; Philadelphia; Newport; City of Washington; Boston; Marblehead; Baltimore; New York; West Point; ;
Keywords account; settled; instructions; duty; journey; excursion; works; allowance; certificate; traveling expenses; furnaces; mission; buildings; military school; laboratory; servants expenses; removals; permanent residence; law; compensation; pay and emoluments; rations; forage; ;
Key Phrases [not available]
Transcription

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Col Tousard
Acct.
Remarks on sundry Articles of my Account which the Accountant of the War Department refuses to admit.
[monetary values in dollars and cents]
1st. From the first of January 1799 to the fifteenth $37.50
I carried the number of days in the acct. which was settle at the Accountant's Office, only to the 31st December 1798 in order to have it settled yearly as it was intended I should be on that duty for more than one year. I continued on the same duty during that time and received the instructions of the Secretary of War which afterwards were confirmed in his letter of the 16th January 1799.
2d. For April 1800 to and from Philadelphia to Newport, [$] 38.40 [Right margin: If the vouchers are proper [illegible] will be allowed]
I made this excursion during the time which the accountant admits, in continuation of the same duty, at the begining of the season, to fix on the works which were to be done during the year, trace them on the spot, fix the number of workmen to be employed, and at my return reported to the Secretary of War.
3d From the 8th of June to the 25th of August 1800 as per Mr. Dexter's Certification 189. 40 days to be allowed.
I am entitled to the allowance which is fixed for Officers, ordered or detained by Order of the Secretary of War at the Seat of Government, and so far it is true, that last April when ordered to the City of Washington * by Genl Dearborn at that time it made no question either with him nor with the Accountant: My acct for travelling expenses and while there was settled and paid to me on the 15th ditto ______ as to the number of days. Could my word of honor be deemed not sufficient, I am ready to be qualified [undecipherable]. [right margin] * this journey to Washington was not [undecipherable].
4th. From Washington to Boston and Marblehead, and ordered to visit Baltimore, confer with Mr. Puzy at New York, with Mr. Fonein at Boston as per letter, 231.75.
Even supposing that the opinion of the Attorney General should be conformable to the principle upon which the accountant refuses to admit charges for travelling expences when on duty as Inspector of Artillery, at the Furnaces, this has nothing to do with it; there was no Inspector of Fortifications at that time. It was necessary the duty should be performed, and the Secretary requested me to do it. In justice and equity, I cannot be refused the allowance which could not defray one third of the expence I incurred during Seventy-Nine days which were employed in performing that duty.
5th Ordered on a particular Mission to West Point by Genl Dearborn to report on the situation of the Building intended to accommodate a Military School. Doll[ars] 60.50.
This order has no relation with my duty as Inspector of Artillery and I am by all means entitled to the allowance of the Regulations.
6th Removed from the Laboratory to West Point, 35.00
This charge cannot be deemed unreasonable when all Officers are allowed their and servants expences for removals, and especially when one considers that eight months before the Laboratory had been ordered to me as a permanent residence.
7th From West Point to Washington to settle the present account, the time which will take to complete it, and my return to my command.
[Right margin: It is further [than?] these items should be settled conformably to [fixed?] [illegible[] in the Department.]
This I leave to the justice of Genl Dearborn, whether, but it is far from being an unprecedented measure.
8th It remains then 519.25/100 Dolls. which are charged for travelling expences when doing my duty as Inspector of Artillery. 519.25

This question is now submitted to the Attorney General. The Law of July 16th 1798 which creates the Office of Inspector of Artillery says, "That there shall be appointed an Inspector of Artillery, taken from the line of Artillerists and Engineers, who shall be allowed thirty dollars per month in addition to his pay in the line, and four rations of provisions for his daily subsistence, and whenever forage shall not be furnished by the public, he shall be allowed two dollars per month instead thereof."
[Right margin: not to be allowed except by the direction of the [Contractor?]]

The Law of March 3d 1799, says, "That an Inspector of Fortifications shall be appointed whose duties shall be assigned him by the Secretary of War under the direction of the president of the United States, that the compensation to be allowed to the said Inspector, if selected from the Corps of Artillerists and Engineers in full for his extra services and traveling expences, shall, besides his pay and emoluments in the corps be thirty-five dollars per month."
Had the law contemplated that the additional pay, Rations, and Forage was to be in full for his extra services and travelling expences, it would undoubtedly have expressed it. As it has done for the Inspector of Fortifications - even in case of a doubt on the subject, does in not comport with the dignity of the government to interpret
[Right margin: Is it reasonable to [consider 30 dollars] in one case as sufficient [undecipherable]
it in favour of an Officer who has bled for the country and would be obliged to refund that money out of the provision which the Law of the 15th inst has intended to assist him in his future pursuits, and when it is a solitary case which can give no precedent.
Lewis Tousard
Washington, March 27th 1802
for misfortunes, Congress alone, are [undecipherable] to making compensation.
[left margin: conformably to [fixed?] [illegible] in the department.