[IVA] Department of War Accountants Office Decemb 11 1797 Sir In obedience to your favor I have the honor to lay before you for your information in reply to the letter of the Secretary of War to me of the 11 Novemb 1797 by [undecipherable] to you the matter in my conduct which he seems to think reprehensible. The subject of his complaint is my refusing or neglecting to countersign a Warrant in favor of Samuel [undecipherable] a Clerk in his Office for [undecipherable] thousand five hundred Dollars, upon an Act [undecipherable] — the amount [undecipherable] — When M. [undecipherable] came upon me with the account in question [undecipherable] was [undecipherable]; [undecipherable] directed by the Secretary of War [undecipherable] it [undecipherable] up in his favour chargeable to the [undecipherable] Department and had [undecipherable] to receive the amount on that side and even [undecipherable] to the Secretary of War was now to apply if to [undecipherable] on the [undecipherable] Department [undecipherable] and at my request the letter of the Secretary to him in the [undecipherable] my account was, that pursuant to my [undecipherable], the amount would be necessary for the Secretary of War to be [undecipherable] by his [undecipherable]; that he should [undecipherable] receive [undecipherable] — that he should avoid me on [undecipherable] that [undecipherable] for me, [undecipherable] in his just [undecipherable] receiving [undecipherable] from the Department [undecipherable] to be paid to the Secretary of War so that they should be [undecipherable] by him a [undecipherable] his Office, the account accordingly [undecipherable] with his signature [undecipherable] to me a second time with the letter from the Secretary of War to his Clerk [undecipherable] from the authority of that letter, and the account of being considerably [undecipherable] [undecipherable] to [undecipherable] [undecipherable] and the same little alteration affected my [undecipherable] and [undecipherable] the account of Mr. [undecipherable] — I must now beg not to be permitted to state my reasons generally, in the first instance I refused my signature to the Warrant because I did not consider myself authorized by law to countersign warrants without the Secretary of War's signature and first offered; particularly when the class of expenditure was not specifically pointed out by law and when I could not find a [undecipherable] to state how the money was to be applied, the letter to his Clerk advises to retain the money; I did not consider a sufficient voucher for my signature; to draw a large a sum out of the Treasury of the United States — In the case where the Secretary has accounts without his signature they were all specifically authorized by law and when that was not the case when Officers applied for advances the Secretary of War on letter to be addressed [therein?] and [kept?] pointed the amount; the Clerks would have refused if there was a number of Officers allowing allotment of their amounts, and many occasions who had been discharged the service and received a great advance, for these they could not have called until the accounts were closed; the Secretary's letters and advanced with his signature, advising all the hours of the [undecipherable] of the [undecipherable] letters [undecipherable] of July made from the Officers and Banks who attachment was ordered to much immediately; it would also have been improper to have allowed them unless they could be paid by a warrant with the Secretary's signature applied; the long display of [undecipherable] of [undecipherable] advances utterly [undecipherable]. When I [undecipherable] as [undecipherable] in the event advance, it was to be [undecipherable] my judgment in the subject as a person on a account of the best had ever given that was to [undecipherable] the same cause of [undecipherable] and since I [undecipherable] that [undecipherable] could own the settlement of the accounts. I knew after my own consideration [undecipherable] my name to the [undecipherable] under the idea that the Secretary of War was the responsible person in case of any difficulty [unclear]. Without [undecipherable] the Secretary's letter to his Clerk it was for the purpose of [undecipherable] upon of these that it would produce reply or a [undecipherable] for any conduct which the Secretary thence [undecipherable] — The Secretary in his letter of the 11 Novemb passed to state the opinion of the letter of the Accountant that he is to have no [undecipherable] with re-countersigning Warrants drawn by the Secretary of War — that it does not belong to the Secretary in which the Secretary should be in any case concerned on his demands the sum of [undecipherable] by him by their the articles of the Act of [undecipherable] of [undecipherable] to ensure the registry of the Secretary's account, that the accountant is a more proper agent having no fewer [undecipherable] to each date his signature from such account — For the law it is supplied by an opinion given by the Attorney General under date of the 10 May 1778 cap; a [undecipherable] to look to the schedule, to decide to me that I must by law to be applied [undecipherable] that the law exists on all [undecipherable] such [undecipherable] [undecipherable] [undecipherable] and that the [undecipherable] must by law protect [undecipherable] [undecipherable] requiring [undecipherable] to the Clerk [undecipherable] [undecipherable] for my signature — I [undecipherable] with him [undecipherable] would have [undecipherable] to find [undecipherable] by the Secretary of War on all matters [undecipherable] my [undecipherable] for [undecipherable] [undecipherable] an objection, but [undecipherable] the case in practice [undecipherable] where they had been [undecipherable] by him [undecipherable] to [undecipherable] that [undecipherable] without [undecipherable] [undecipherable] demanding my signature [undecipherable] for [undecipherable] of the nature [undecipherable] the Act [undecipherable] [undecipherable] the rule [undecipherable] [undecipherable] I [undecipherable] [undecipherable] my office being [undecipherable] [undecipherable] [undecipherable] by [undecipherable] in [undecipherable] [undecipherable] a more [undecipherable] application [undecipherable] the [undecipherable] [undecipherable] that they could not have claimed [undecipherable] [undecipherable] the general [undecipherable] [undecipherable] the rule [undecipherable] of my [undecipherable] could not have been paid [undecipherable] and that any [undecipherable] had [undecipherable] the [undecipherable] that [undecipherable] were [undecipherable] to which [undecipherable] that it [undecipherable] [undecipherable] always [undecipherable] pay, [undecipherable] an unprecedented one, for the monies shown upon Warrants from the Department to be paid to the Secretary of War so that they should be delivered by him a [undecipherable] his Office, the account accordingly [undecipherable] aligned with his signature [undecipherable] to me a second time with the letter from the Secretary of War to his Clerk; [undecipherable] from the authority of that letter, and the account of being considerably [undecipherable] [undecipherable] to [undecipherable] [undecipherable] and [undecipherable] little alterations affected my [undecipherable] and [undecipherable] [2 Dec. 1797] having also been not thought proper to never my letter to give me the last [undecipherable] to be [undecipherable] to direct myself we are violently [undecipherable] to the Office for the settlement of these accounts, and not appropriately for these, when these are without [undecipherable] appearing, or which has not acted any from largely the amount appropriated by law to the purposes of this — As they have in this case in which it [undecipherable] of it has not undertaken. I [undecipherable] my judgment against the United States there would have been subjected to pay [undecipherable] [undecipherable] the United States would have been subjected to pay [undecipherable] concerning this was in practice because it was the duty of any Secretary having [undecipherable] in this office with the Secretary of War, I have [undecipherable] any [undecipherable] to those with my opinion [undecipherable] — I have [undecipherable] to March 1795 Captain M. De Butts brought me an account against the [undecipherable] Department which has been an amount against [undecipherable] [undecipherable] applied to lead with the Indiana treaty of after this from the [undecipherable] 1793 to be [undecipherable] [undecipherable] payments [undecipherable] [undecipherable] by [undecipherable] with the Secretary, when I refused [undecipherable] [undecipherable] [undecipherable] [undecipherable] [undecipherable] copy [undecipherable] the [undecipherable] [undecipherable] [undecipherable] Secretary [undecipherable] [undecipherable] and many claims on it [undecipherable] [undecipherable] [undecipherable] the General Treasury [undecipherable] which ones or [undecipherable] of payment of $500.— [undecipherable] [undecipherable] to attend [undecipherable] [undecipherable] could and [undecipherable] could not allow ever prove [undecipherable] comply with the account in consequence of what took [undecipherable] [undecipherable] between the [undecipherable] Accountant Captain DeBatts [undecipherable] former account for [undecipherable] 1795 and [undecipherable] his [undecipherable] service account for the same account [undecipherable] with the [undecipherable] [undecipherable] [undecipherable] settled for [undecipherable] [undecipherable] 500 Dollars [undecipherable] the [undecipherable] settled with the Department [undecipherable] hold [undecipherable] general [undecipherable] had [undecipherable] this account [undecipherable] [undecipherable] did not arrive [undecipherable] [undecipherable] [undecipherable] receiving only 222 Dollars, which I [undecipherable] to be in line with the [undecipherable] general well paid to the account to not appear by report of the same [undecipherable] which the letter has been [undecipherable] the time to [undecipherable] for the next year — I must beg your pardon for having taken up so much of your time in attending for a detail of the treasury of the country; I be [entitled?] beyond what I should be to [undecipherable] public [undecipherable] [undecipherable]. That [undecipherable] [undecipherable] it [undecipherable] [undecipherable] [undecipherable] [undecipherable] [undecipherable] in taking the refusal upon which the Secretary and myself have differed in opinion and I lay them before you that nothing but a sense of duty could induce me [undecipherable] or measures a State must be disreputable to me and only as I believed once that there [undecipherable] after and even take of law to which the Office of the Army reflect upon me for not allowing these accounts to the extent they had once appeared [undecipherable] by the Secretary; but from [undecipherable] to my duty in the correct Office with which my country has entrusted me and allowing my correct disposition [undecipherable]; if these words as Judgment I am willing to do not right and do in an incorrect work and since that the law may be deemed [undecipherable] the duties [undecipherable] appealing to my Office and not of the Secretary of War in all cases where this may be my country and I pledge myself that I shall ever honorably [undecipherable] of I have the honor to be with the greatest regard Sir Your Most Obedt Hble Servt A. Simmons Accountant of War His Excellency The President of the United States Extract of an Opinion from Charles Lee, Attorney General, under date 30^th May 1796 It is also his opinion that by the Act of 5 May 1792 the accountant of the War Department is not authorized to refuse his countersignature to any Warrant drawn by the Secretary of War upon the Treasury. The intention of the law in requiring his signature to such warrants was for the purpose of "Shewing what monies ought to be accounted for in the books kept by the Accountant of the War Department; not to make it necessary for the Secretary at War to explain to the Accountant, the particulars of all disbursements. For this the Secretary is to answer to the Secretary of the Treasury Department when his accounts shall be under adjustment in that Department. Were it otherwise, all the secrets of the War Department would be necessarily exposed to his Accountant, which it is not reasonably to be supposed to have been meant by this law. The Warrant of the Secretary of the Treasury countersigned by the Comptroller for the moneys granted to the War Department is all the protection against abuse of the moneys that the present system of laws concerning the moneys in the Treasury has provided and the provision is adequate to answer every useful purpose. The Comptroller may refuse to countersign a Warrant drawn by the Secretary of the Treasury for good cause — The former is a check on the latter. But the Accountant to the War Department is not to check or control the acts of the Secretary at War; but to identify and record the Warrants to be [undecipherable] by the Secretary at War. This in the nature of a register of the War Department, and is also to perform the various other duties assigned by the Act of Congress before mentioned. (Signed) Charles Lee 30 May 1796 I certify the above and foregoing to be a true extracts given by the Attorney General as his opinion of the duties of the Accountant of the War Department, by the act of 8^th May 1792 Dec^r 7^th 1797 W^m Simmons [signature] [Enclosure/s] [docket, rotated:] Copy of Opinion of Attorney General Counsel on a Secretary of the [undecipherable] Countersigning [undecipherable] drawing with the Accountants North West [undecipherable] paid Clerk — [Enc T. 11 Dec. 1797] The United States D^r to Henry DeButs— For his Compensation whilst on actual service in the capacity of Secretary to Major Gen^t Wayne, sole Commissioner to treat with the Indians North west of the Ohio, between the 4 day of April 1794 [and] the 20 Sept 1795 - 500 days in actual service @ 3 Dollars p Day 1500.— City Philadelphia p Personally appeared Henry L. Butts Esq. who being duly sworn deposes and says that to the best of his knowledge and belief the above amount 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 — Henry DeButs Sworn the 4 day of Jan 1797 Before me Henry Baker Mayor I am of opinion that the above amount as it now stands [state] should not be admitted as a debt against the United States for the following as well as other reasons, viz. That Captain — DeButs does not appear to have been appointed Secretary to Major General Wayne as Commissioner so early as the 4 of April 1794. To the contrary it appears by a letter from him dated at Pittsburg 24 April 1795 to the Secretary of War, that he then expressed 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, under date of the 1 May 1795, as well as by one of the same date to General Wayne, he clearly understands that Captain DeButs 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 Captain De Butts intimated a desire to be appointed Secretary for the rejected 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 Aide — to remain as Secretary but would not undertake to recommend either of them for the appointment — After fair view of the varied and balancing all matters into consideration; I do admit that General Wayne did appoint Captain DeButs Secretary to the Indian Treaty as he assumes the letter above alluded to from the Secretary of War which may have been written about the 1 June 1795 and appears him to be employed as Secretary from that time to the 20^th September 1795, the time the Treaty was signed and ratified by him is 111 days @ 3 Dollars p Day upon the rate per day agreed upon and allowed by the Secretary of War on the per account rendered by Captain — Butts; and as he has received his pay as Captain Aid de Camp, and all other expenses incurred by him, I am therefore of opinion that the above allowance amounting to 224[?] dollars and is a reasonable just compensation for Captain DeButs services as Secretary aforesaid and may be paid to him as in satisfaction of the same — Dep^t War W^m Simmons Accountants Office Accountant June 7, 1797 I accept of the above settlement with this reserve — that I do not intend thereby to prejudice any claim to what I may appear [undecipherable] equitably entitled to, for services performed previous to the period, when the salary is stated by the said settlement to have commenced — Henry DeButs 1 Decemb^r 1797— A Warrant to be issued for Two hundred and twenty four dollars conformably to the above account — James McHenry. If the above reservation is made for the purpose of enabling Captain De Butts to apply to Congress in redress; I can have no objection, but it must be understood [that] from the Warrant that the within settlement so far as respects this Department, must be considered a final settlement as Secretary to the Commissioner in negotiating with the Indians & the within Agents — W^m Simmons Dep^t War Acc^t Dep^t War Acc^t [undecipherable] Dec^r 9 1797 [signature] Henry DeButs Dec^r 9 1797 Received 9 December 1797 of M^r Simmons Accountant a Warrant N° 2458 for two hundred and twenty four dollars in the within account — Receipt 224— Henry DeButs I Certify that the above and foregoing is a true Copy taken from the original on file in this Office Accountants Office Peter Hagner December 10^th 1797 P. Clk