61

                                        Office of Army Accounts

                             New York  Augt 7th, 1788

Gentlemen

         The Assistant Commissioner to whom

was referred the Petition of Joseph Spencer late a Major General in the service of the United States begs leave to report.

   That in the month of November 1777 Genl Spencer

received of M. Hancock Deputy Pay Master General the sum of 13,533 dollars for the use of the department in which he then Commanded, it appears that by a letter from Jonathan Burrell Esq. Commissioner that the sum of 10,532 67/90 dollars of the money was paid to Peter Philips deputy Commissary General, which leaves a Balance of 3000 28/90 dollars to be Accounted for by General Spencer_

 That on the 16th June 1775 Congress grant-

=ed the Additional pay of one hundred and sixty six dollars to a Major General Commanding a separate department.

 That General Spencer claims this additional pay

from the 1st January 1777 to the 17th April 1778 which time he avers he commanded the Army Stationed at Rhode Island and its Vicinity by order of the late commander in Chief.

 That this claim being admitted (which the

Assistant Commissioner is of opinion is proper) his pay for this Service will amount to 2534 6/90 dollars which will still leave a balance due the United States of 416 17/90 dollars, equal at the rate of exchange by the Army Seale to 33 21/90 dollars specie.

That General Spencer voluntarily acknowledges that the

Monies remaining in his hands was by him returned in March or April 1779 to the Loan Officer of the State of Connecticut 62 for which he received Loan Office Certificates to the amount of 300 dollars Specie.

That by the tenor of his petition the Assistant

Commissioner is led to believe that General Spencer con= =ceives himself entitled to the additional pay in Specie allowed by the aforesaid act of Congress and that the Monies remaining in his hands should be reduced to specie Value.

To this your assistant Commissioner begs leave

to Object for the following reasons via 1st. That in this principal the petitioner would become a Creditor of the United States, and in lieu of refunding the balance aforementioned would be entitled to the sum of 1798 66/90 dollars specie the difference between the Monies remaining in his hands and the pay due. 2. That it appears by the Books of this Office that on or about the day he retired from Service he was paid the full balance of his pay as Major General. 3d. That as he conceived himself entitled to the Extra pay allowed by the aforesaid Act of Congress, he had it in his power to oppose that pay to the Monies remaining in his hands and to refund to the United States the balance found due. 4th That in lieu of receiving the sum of 890 65/90 dollars (the last payment made him as Major General) he should in right only have received 474 48/90 dollars. 5th That Major General Spencer having resigned his Com= mission previous to the 10th April 1780 is precluded from any benefits arising on depreciation of pay.

The Assistant Commissioner is therefore of a Opinion

that the petitioner should account for the balance due & that in consequence of the United States paying interest on 63

the Loan Office Certificates received by him, that he should be charged Interest thereon.

                               all which is humbly submitted

                                         by Y Most Obt Servt

                                                 Joseph Howell

Honbl

The Commissioners

of the Treasury