Accountants Office May 28^th 1795 Sir, The enclosed account of Cap^t H de Butts for Compensation as Secretary to General Wayne Commissioner for treating with the Western Indians from 4 April 1794 to 20 September 1795 amounting to the sum of 8⁰⁰ 1795 — I do not conceive myself at liberty to allow — The charge not being authorised by Law — Cap^t De Butts for the same period has been receiving Pay, and other emoluments as a Captain in the service of the United States together with the additional Pay he as an aid de Camp to Gen^l Wayne; it has not been usual to allow an Officer in the Service of the United States, Pay in two Capacities or for Extra Services other than what is pointed out by Law. I am therefore of Opinion that any claim of that nature should be submitted to Congress for allowance who alone are competent to direct what Sum shall be paid — General Wayne has also presented an account for Extra Services and Expenses amounting to 8000 doll^s & upwards, which in my Opinion should produce the Same Answer. I am respectfully Sir Your Most Ob^d Ser^t (Signed) W^m Simmons Acc^t The Hon^ble Sec^y of War The above is a copy of the original letter in this department with the accounts of Major General Anthony Wayne. Treasury Department, Comptroller's Office, 7 January 1811 Nathan Tufborough, p^r c^ll --- [Copy] The United States D^r To Henry De Butts For his Compensation whilst in actual Service in the Capacity of Secretary to Major Gen^l Wayne Sole Commissioner to Treat with the Indians North West of the Ohio, between the 4 day of April 1794 & 20 Sep^t 1795 — 500 days in actual service, 3 dollars per day . . . . . . . . . . . . . . . 1500. City of Philadelphia S^s Personally appeared Henry De Butts Esq^r who being duly sworn deposeth and saith that to the best of his Knowledge and belief the above account is just and true — and that the above charge for Compensation as Secretary includes only the number of days in which he was actually employed as such and in each of which some act was done by him properly pertaining to his functions as Secretary; Sworn the 24^th day June 1797 Henry De Butts before me, Hilary Baker Mayor I am of Opinion that the above account as now Stated, should not be admitted as a debt against the United States for the following as well as other reasons, viz: That Captain De Butts does not appear to have been appointed Secretary to Major General Wayne as Commissioner, so early as the 4^th April 1794; to the contrary it appears by a letter from him dated --- at Pittsburg 24^th April 1794 to the Secretary of War, that he then expresses a wish to act in the Capacity of Secretary to the approaching Treaty and that by a letter from the Secretary of War in answer hereto dated the 1^st of June 1795, as well as by one of the same date to General Wayne he clearly was deduced that Captain De Butts did not then hold the appointment of Secretary, or that he performed any duty other than might be required of him as an Officer in the line and as Aid de Camp to the Commander in Chief — The Secretary in his Letter to General Wayne says, that Cap^t De Butts intimated to him his wish to be appointed Secretary for the expected Indian Treaty and that he did not give him an answer but supposed that it would be proper for General Wayne to employ one of his own Aids formally as Secretary, but would not undertake to recommend either of them for the appointment. After a full view of the Subject and taking all matters into consideration, I do admit that General Wayne did appoint Captain De Butts, Secretary to the Indian Treaty on his receiving the letter above alluded to from the Secretary of War about the 1^st June 1795 and Supposing him to be employed as Secretary from that time to the 20^th September 1795 the time the Treaty was Closed and Certified by him, is 112 days at 3 dollars, this being the sum per day agreid upon and allowed by the Secretary of War on the first account rendered by Captain De Butts; and as he has received his pay &c as Captain, Aid de Camp and also extra expenses incurred by him, I am therefore of opinion that the above allow an amount amounting to 336 dollars will be a reasonable Compensation for Captain De Butts's Services as Secretary --- aforesaid, and may be paid to him as in fuller of the same. Department of War W^m Simmons Accountants Office Accountant June 27^th 1797 Treasury Department, Comptrollers office, 7 January 1811 The foregoing from page 2 to 4 inclusive has been copied from documents filed with the accounts of Major General Anthony Wayne, in this Department. Nathan Tufborough p^r c^ll