Enclosed you Will receive a Cert.[Certificate] N^o 4.202 for $30.52– Payable to your order by the Paymaster most convenient—being for Pay &^c due him at the Rates of Captain of Cavalry for Services as Acting ass^t Q^rM. Com^y[assistant Quartermaster and Commissary] of Cap.[Captain] ^Jones Co[Company] Ill. vol.[volunteers]^ under Joint Resolution of (8 Aug^t[August] 1846–) for 10th to 17^th June 18465

Report of the Third Auditor of the Treasury upon the claims of A. G. Henry, and Walden Porter for transportation, subsistence, &c., furniture ^shed^7 to Capt: Edward Jones’ Company of Col.[Colonel] E. D. Baker’s Regiment of Illinois Volunteer Infantry, from the 10th: to the 17th: of June 1846, prior, and up to the time of their arrival at Springfield Illinois, the place of G^g^eneral8 rendezvous, to be mustered into the service of the United States, for the prevention ^rosecution^9 of the War against the Republic of Mexico—transmitted for the action of the Accounting Officers, by the Quarter Master General on the 30th: ultimo.

The claims are as follows;

I certify that the above service was rendered–

I hereby certify that Capt. Jones commands Company G, as above and that the above certificate was executed by him—and I further certify that he had transportation for seventy seven men, but I do not certify as to price–

I do hereby certify that my Company was formed on the 9th day of June 1846, and that I had at the time of its formation, orders from Col. Baker, to equip the Company forthwith and march it to Springfield– The men were collecting from a neighborhood of 30 Miles square, which compelled me in order to comply with orders, to keep the Company together while being uniformed; there being no stores upon which I could draw, I appointed A. G. Henry Acting Commissary and Quarter Master, until I could reach Springfield– He performed the duties faithfully, and I believe the above account rendered by him, correct in every item, and as small as could be under the circumstances.

This will certify that I gave to Capt: Edward Jones, as to other officers Commanding Companies, desiring to be attached to the Regiment which I was authorized to raise, orders to uniform his Company, and rendezvous at Springfield at the earliest moment– I have examined the writ-

written account rendered by A. G. Henry for subsistence &c, furnished said Company, & have no doubt of its correctness, &c. and advise its payment.

The above decision of the Third Auditor, is in conformity with the “Joint Resolution,” therein mentioned–

I have to acknowledge the receipt of your letter of to day’s date, enclosing one addressed to you on the 15^th instant by A. G. Henry Esq. of Pekin Illinois relative to his claim against the U.S. for supplies &c furnished to Cap^t Edward Jones’ Comp^y of Illinois Volunteers prior to their muster into service in June 1846–

In reply I herewith enclose a copy of my letter to M^r Henry of the 6^th instant, advising of the allowance upon the decision of the accounting officers of the Treasury, of $178 ²⁰/100 upon said claim, which would be remitted to him by the Treasurer of the U.S. and which he no doubt by this time has received.

The authority for the above allowance, is to be found in the Joint Resolution of the 8^th of August 1846, which provides “that when States or individuals have paid the expences, or provided the means of transportation of Volunteers to the place of rendezvous, and furnished subsistence or clothing, the proportional amount thus furnished to each man, not exceeding the legal allowance to each, may be charged on the Pay Rolls, and withheld and paid to the State or individual who actually provided the same.” x x x “and persons doing the duties of assistant Quarter Masters, and Assistant Commissaries under like circumstances, may in like manner receive the

---

<Page 16>

same rate of compensation, and to a like number, as authorized by existing Law–”13

The legal allowances authorized by the above Resolution to be withheld from the Volunteers, to cover their expences in getting to the rendezvous, are ^for Infantry^ a days pay and a commutation for subsistence for every 20 miles of travel from their homes to said rendezvous, the day being estimated according to distance & not according to time, and as the members of Cap^t Jones’ Comp^y are set down upon his muster Roll, as living from 60 to 80 miles from the rendezvous, they were entitled to but from 3 to 4 days travelling allowances, which have been directed & withheld from the Volunteers, in satisfaction of the claims presented by M^r Henry– This explains the seeming inconsistency mentioned by M^r Henry in his letter to you, of the allowance of but 3 days travel, for the volunteers, in the same decision wherein he is adjudged to be entitled to [...?] the allowances of a Captain of Cavalry for 8 days services as Assistant Quarter Master–

I herewith enclose a copy of a Joint Resolution of Congress approved March 3. 1847, which you will perceive gives the Secretary of War the power of granting further relief to M^r Henry, if in his opinion, his claim is covered by its provisions, and to whom when requested by the claimant it will be referred–

The letter of M^r Henry, as requested is herewith returned–

Your appeal to the Secretary of War from the decision of the accounting Officers of the Treasury upon the claims of M^r A. G. Henry of Pekin Illinois, has with the accompanying papers been referred to this Office, which are herewith respectfully returned to you, with a copy of my Report, & the Secretary’s decision thereon, adverse to any further allowance upon said claims, under existing Laws–

A Resolution–

To refund money to the States which have supplied Volunteers and furnished them transportation during the present War, before being mustered into the service of the United States–

Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled—That the Secretary of War be, and he is hereby authorized and required, to cause to be refunded to the several States, or to individuals for services rendered, acting under the authority of any States, the amount of expences incurred by them in organizing, subsisting and transporting volunteers, previous to their being mustered and received into the service of the United States for the present War, and for subsisting Troops in the service of the United States, without waiting for deductions to be made from the Pay of said Volunteers–

Approved March 3. 1847–

I have received your letter of the 4^th ultimo relative to your claim for subsistence &c furnished Cap^t Edward Jone’s Company in Col. E. D. Baker’s Regiment of Illinois Volunteers, prior to their muster into the service of the Untied States in June 1846, and also to a claim of Walden Porter for wagon hire for the Company, which has been assigned to you–

These claims were received in this Office from the Quarter Master General, on the 30^th of October last, and were acted upon by me, and the Second Comptroller of the Treasury, on the 25^th of November, and on the same day returned to the Quarter Master General, to be paid by some one of the disbursing officers of his Department, to the extent allowed, towit; $178.20 upon both, such being the usual course with claims of this description, when received from that officer– This allowance you say, you have been apprized of, by a copy of the Report and decision of the accounting Officers furnished you thro’[through] M^r Smith, and further, of the allowance to you of the pay &c of a Captain of Cavalry for the time you acted as Quarter Master of Cap^t Jone’s Comp^y—all of which you request may be remitted to you as early as practicable–

I have caused the proper inquiry to be made at the Quarter Master General’s Office, where the claims were returned,

---

and received for answer, that, “the papers in the case were sent to the Pay Master General on the 27^th of Feb^y[February] last, in order that the necessary deductions might be made from the men &c–” Application was thereupon made at the Pay Master Gen^ls[Generals] Office, and the papers were returned by him to this– The claims have again been acted upon by the accounting Officers, and in accordance with their decision before mentioned of the 25^th of November 1846, there has been allowed thereon, upon your claim, the sum of $97. ⁵⁵/100, and upon that of Walden Porter the sum of $80. ⁶⁵/100, amounting together to $178. ²⁰/100, which will be remitted to you as requested, by the Treasurer of the United States, and for which, when received, you will please forward duplicate receipts, one to said Treasurer, and the other to this office–

An extract from the decision of the accounting officers relative to your pay &c as Q^r Master, has been made & sent to the Second Auditor, where by law such claims are adjusted, and to whom you are respectfully referred–

The letter of Richard M. Young Esq. of the 14^th ultimo addressed to you relative to the claims of A. G. Henry of Pekin Illinois, and by you referred to this Office, is, with the accompanying papers herewith returned– I also enclose a Copy of my Report, with the decision of the Second Comptroller upon said claims, from which, M^r Young on behalf of the claimant appeals to you under the joint Resolution of 3^d of March 1847, for the relief claimed by the accounting Officers of the Treasury; and I would respectfully remark—

That under the joint Resolution of the 8^th of August 1846, the claimant, as set forth in the above report and decision, has been allowed, all that was warranted by said Resolution, or any other law at that time applicable to the subject– The difference, he now claims under the Resolution of March 1847, which in my opinion does not authorize its payment by the United States–

The Resolution provides, “That the Secretary of War be authorized &c,” to refund to the several States, or to individuals for services

---

<Page 29>

“services rendered, acting under the authority of any States the amount of expences incurred” &c &c “without waiting for deductions to be made from the pay of said Volunteers–”14

It is not shown, nor is it I believe pretended, that M^r Henry’s claims accrued under any authority from the State of Illinois, and such being the case, the Resolution is inapplicable– He has therefore been allowed all that that is warranted by law, and for further relief, must apply to Congress–

I concur in the within view taken by the 3^d Auditor—16. July '47