Letter from the Accountant of the War Department
Document 1799In a letter to the Secretary at War, Simmons justifies his actions in relation to the compensation provided to Capt. Samuel Vance.
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The Secretary of War Accountants Office
Sir August 13th 1799
I have received your letter of the 10 Instant, in reply to mine of the same date on the subject of the compensation to Captn Vance. - wherein you state that "More money than an Officer is entitled to, according to the established practices, or principles of the Department, ought not to be allowed him for the service he has actually performed, that he ought however to be allowed the whole he is intitled to receive & that you shall expect in future that I will charge my memory with former cases which have established principles & state to you in my references the reasons why I conceive a particular case does not come within the spirit of a former decision." — In justification of my own conduct I would here wish to observe, that it never was my intention that any Officer should receive more money than he was intitled to; at the same time it has ever been my wish that he should receive every allowance he is justly intitled to, by Law or any established principle of the Department; & it was for this object that the questions in my letter was stated to you — You remark to me that you shall expect in future "that I will charge my memory with former cases, which have established principles" - I would here beg leave to observe that I know of no established principle that will affect the case now in question, if you allude to the opinion of the Attorney General of the 27th June 1797, I cannot see that that in any measures applies to the present case; this opinion was founded on the Acts of Congress of the 5 March 1792 & the 3 March 179[3] (this last act has long time since been repealed) & could have no other allusion than to these two acts — the only existing law that I know of that will authorize an allowance to Captain Vance for extra pay as Deputy Pay Master & Depty Quarter Master on the late Northampton expedition under the command of Brigadier General M'Pherson is the act passed on the 3 March 1799 'for the better organizing of the troops of the United States, & for other purposes' The 12th Section of this act provides for the appointment of a Brigade Quarter master who in addition to his other emoluments is entitled to Twenty four Dollars ᵽ month, which is to be in full compensation for his extra services & travelling expences, — the 15th Section of the said Act provides for the appointment of a Deputy Pay master, with an allowance in addition to his other emoluments as an Officer in the Line to thirty Dollars ᵽ month, in full compensation for his extra services & travelling expences — It appears that Captn Vance acted in both these capacities but becomes a question whether by the above act he is authorized to receive the emoluments attached to each of the Offices above mentioned, — Should it be admitted that Captn Vance is entitled to additional pay in both capacities he will then be in the receipt, for the time at the rate of one hundred & seven Dollars & 90/100 ᵽ month, including his pay & emoluments as a Captain, whereas he has been allowed on settlement with the Pay master & Quarter master Genl. at the rate of One hundred & twenty eight Dollars & 97/100 ᵽ month. I am fully of opinion that no such allowance was ever intended to have been given by Congress to any inferior Officer of the Department but should it be determined that the law will bear that construction to allow him the pay of Twenty four dollars ᵽ month as Brigade Quarter master & 30 Drs ᵽ month as Deputy Pay master in addition to his pay & emoluments as an Officer in the Line I will then be guided by the decision & make him the allowance accordingly —
I could wish that the Secretary of War would understand that it is not my intention to trouble him with any presumed difficulties or that I will suppress under a supposed want of memory any information respecting established principles or regulations that will admit of my allowing charges not provided for by Law as has been suggested — I could also wish to have it understood that I act in strict probity to my Office, and when any cases occur that are not provided for by Law or established principles that I shall continue to submit them to the Secretary of War, as usual —
I am &c
W: S.
Type
Letterbook
Description
In a letter to the Secretary at War, Simmons justifies his actions in relation to the compensation provided to Capt. Samuel Vance.
Date
08/13/1799
Author
Recipient
Sent from
Accountant's Office
Document number
1799081321055
Page start
237
Notable persons
James McHenry
William Simmons
Brigadier General William McPherson
Captain Samuel Vance
officer
attorney general
congress
deputy paymaster
deputy quartermaster
brigade quarter master
quartermaster general
Notable locations
Accountant's Office
Northampton County
Pennsylvania
Notable items
entitlement
allowance
money
act of congress
compensation
traveling expenses
emoluments
pay
law

