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Petition of Anson G. Henry to U.S. Congress, 15 December 18471
To the Honorable, the Senate and House of Representatives of the United States of America in Congress assembled:
Your Petitioner, Anson G. Henry, of Pekin, Illinois, respectfully represents that in June 1846 he furnished supplies, transportation &c.[etc.] to Capt[Captain] Edward Jones’ company of volunteers, before they were mustered into the service of the United States, to the value of that his claim has been submitted to, and finally disallowed, by the accounting officers of the Government, except as to the sum of which has been allowed & paid2
Your Petitioner herewith presents what he hopes will be deemed ample evidence of the justice of his claim: and respectfully prays that the unpaid ballance of the same be allowed him; and as in duty bound &c.
A.G. Henry.3

<Page 2>
[docketing]
Petition of A.G Henry, praying reimbursment for expenses in supplying volunteers–4
[docketing]
Committee on claims
[docketing]
12/20/1847
Decr[December] 20 1847. Referred to the Committee of Claims
[docketing]
12/29/1848
Feby[February] 29 1848 Bill 246
[docketing]

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[enclosure]
05/12/1847Sir.
Enclosed you Will receive a Cert.[Certificate] No 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 asst QrM. Comy[assistant Quartermaster and Commissary] of Cap.[Captain] ^Jones Co[Company] Ill. vol.[volunteers]^ under Joint Resolution of (8 Augt[August] 1846–) for 10th to 17th June 1846
5Respectfully
Your obt[obedient] Servt[Servant]
Jno M. McCalla
Second Auditor
To Cap A. G. Henry.Pekin Ill.[Illinois]
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Treasury Dept[Department]
Official business
Jno M McCalla 2 aud[auditor]
FREE
[?]SHIN
[?] [2?]0
Capt. A. G. Henry of Illinois Vols Pekin Illinois

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[enclosure]
06/14/1847Hon. William L MarcySecretary of War,Sir,
Enclosed I send you the papers of A. G. Henry Esq.[Esquire] of Pekin, Illinois, with the decision of Peter Hagner Esq, Third Auditor Adverse to the claim of Mr Henry, to the extent of the charges made by him against the Government.
In his behalf, I appeal from the decision of the Third Auditor, and request that Mr Henry’s accounts may be reexamined, and such relief afforded him as may be considered just and equitable under the provisions of the Joint Resolution of Congress approved March 3. 1847—which allows the Secretary of War to grant further relief, when it cannot be done by the laws & Regulations, which limit the discretion of the 3rd Auditor–6 You will see by an examination of the papers, the question of difference between the 3rd Auditor & Mr Henry–
I am very Respectfully &cRichard M Young

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[docketing]
Washn.[Washington] June 14. '47[1847]
Richd M. Young.
Appeals on a/c[account] of A. G. Henry for supplies furnished Ills[Illinois] vols[volunteers]–
[docketing]
03/03/1847
Res: 3 Mch[March] '47.
[docketing]
06/16/1847
Y26. Rec[Received] June 16/47
3d Auditor.
[docketing]
07/08/1847
Recd[Received] 8 July 1847
[docketing]
02/29/1848
Feb. 29, 1848
Bill 246
[docketing]

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[enclosure]
07/23/1847Dear Sir,
agreeably to your request, I presented your claim before the 3rd Auditor, and being satisfied that injustice had been done by the decision, I appealed to the Secretary of War, but with no better success. I now return the papers to you, in order that you may apply to Congress for relief. I think there can be no doubt, but that such an application would receive the attention it so justly merits.
If I can be of any service to you hereafter, in this or any other matter, do not hesitate to call upon me,
Your friendRichard M YoungDoct.[Doctor] A. G. HenryPekin. Ills

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[docketing]
Letter from Judge Young–

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[enclosure]
06/19/1846
^Waters^ (Copy.) ^3^
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;
The United States
In a/c with Walden Porter, Wagon Master—Dr–
For use of thirteen Teams & Wagons in transporting Company G, Capt:
Jones of Illinois Volunteers, from Pekin, Illinois to Springfield—Sixty
Miles, at $2.50 per Team per day, making 6 days going & returning




$195.
[certification]
I certify that the above service was rendered–
Edward Jones Capt.
Compy.[Company] G. Illinois Volunteers
[certification]
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–
E. D. Baker Col
4th: Regt:[Regiment] Illinois Vols–
[enclosure]
“The United States
To A. G. Henry Acting Assistant Commissary and
Quarter Master Dr.
For Subsistence, Medical Attendance, Camp Equipage, Forage for thirteen
teams for three days, Barracks, Straw, & lodging on the road for Capt:
Edward Jones’ Company G, attached to Col Edward D. Baker’s Regi-

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Brought forward $195.—
Regiment of Illinois Volunteers, while on their march to place of
rendezvous, and while quartered in Pekin, Illinois, from the 10th: of
June, 1846, to the 17th: inclusive, vizt:[viz.]
For subsisting Capt. Edward Jones Company of Illinois’ Vol-
unteers, consisting of 78 men, from June 10th: 1846, to the 17th:
inclusive vizt.

For subsisting Capt: Edward Jones’ Company of Illinois
Volunteers, consisting of 78 men, from June 10th: to 17th: 1846—
inclusive
For forage for 13 Teams, while on their march to Spring-
field, the place of rendezvous
For rent of Barracks in Pekin
For Straw
For two nights lodging while on march
For Camp equipage








$185.68–

15.20
7.50
5.00
10.00
12.50—$














235–88
430–88
[certification]
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.
Edward Jones Capt Compy G.
4th Regt: Illinois Volunteers
[certification]
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-

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^4^
written account rendered by A. G. Henry for subsistence &c, furnished said Company, & have no doubt of its correctness, &c. and advise its payment.
E. D. Baker Col Com[Company] 4th Regt: Ill Vols”
[enclosure]
In the last recited account, there is a charge, “For 8 days medical services rendered said Company, being the usual rate of charge in the Country,” amounting to 47 dollars, which has been referred to the Second Auditor for settlement–
Captain Jones’ Company, for which the foregoing supplies and services, are alleged to have been furnished, was mustered into the service of the United States, on the 17th: of June, 1846, and said claim therefore accrued prior to its being received into service at Springfield, the place of general rendezvous– The authority, and mode of payment of such claims is found in a Joint Resolution of Congress approved August 8th:, 1846, an extract from which is as follows; And further, that when States or individuals, have paid the expenses, 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– And further, that where Surgeons and Assistant Surgeons have attended Regiments of Volunteers to the time when Medical officers duly appointed by the U. States entered upon their duties with said Regiments, they may receive the same rate of compensation, & to a like number as provided by law– And persons doing the duties of Assistant Quarter Masters, and Assistant Commissaries under like circumstances, may, in like manner, receive the same rate of compensation, and to a like number, as authorized by existing law–10
The legal allowance above referred to, is found to be established by the 10th: section of the Act of 18th: of June 1846 wherein it is provided; “That the Non Commissioned Officers, Musicians and privates of Volunteers &c when called into the service of the United States, shall be entitled to
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Fifty cents in lieu of Subsistence, and Twenty five Cents in lieu of Forage for such as are mounted, for every Twenty miles by the most direct route, from the period of leaving their homes, to the place of General rendezvous, and from the place of discharge back to their homes–
11
On examination of the muster Roll of Capt. Jones Company, in the second Auditor’s Office, it is found that 61 members thereof are noted to be entitled to the allowances for 60 miles, and 15 members, to 80 miles travel, from their homes to the place of general rendezvous– The legal allowances due these men, under the before recited Resolution & law, prior, and up to their arrival at the general rendezvous, & muster into the service of the U. States, according to distance, & not according to time, is as follows;
Commutation for Subsistence for 15 men for 80 miles
travel—4 days @ 50 cents each per day $30–
Four days pay for same @ 7 $ per month each 14.—
Commutation for Subsistence for 61 men for 60 miles
travel—3 days @ 50 cts[cents] each per day
Three days pay for same @ 7 $ per month each




$91.50–
42.70


$44.—


134.20
$178.20
I am of opinion that the above sum of $178.20 being the legal allowances to the men of Capt. Jones’ Company from their homes to the place of general rendezvous, is all that can be allowed upon the two foregoing claims for $430.88, and that said sum of $178.20 should be “charged on the Pay Roll,” of said company, “and paid to “claimants,” in rateable proportions, as follows;
To A. G. Henry for his claim of $235.88, the sum of $97.55
" Walden Porter for his claim of $195 " the sum of 80.65– $178.20
I am further of opinion, that A. G. Henry Acting Assistant Quarter Master & Commissary of said Company, is, under the Joint Resolution aforesaid, entitled to the pay and allowances of a Captain of
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^5^ Cavalry, from the date of his appointment as such, to the arrival of the Company at the Rendezvous, and its muster into the service of the United States; as is also the Physician, who rendered the Medical services to the Company, to the pay &c of an Assistant Surgeon for the time actually employed.
To Albion K. Parris, Esq
Second Comptroller
of the Treasury.
Treasury Department
Third Auditor’s Office
November 23rd: 1846
Peter Hagner
Auditor
The claims, except the duplicate of that of A. G. Henry, which is retained) with all the accompanying papers are herewith transmitted to the Second Comptroller of the Treasury for his decision thereon–
[certification]
11/25/1846
The above decision of the Third Auditor, is in conformity with the “Joint Resolution,” therein mentioned–
Albion K. Parris
Comptroller.
[docketing]
^All^

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[certification]
Dividend of 41 cts. 4 Mills[Millage] on the Dollar–12
[docketing]
Report of 3d Auditor including a Copy of the Original papers.
[docketing]
Mr. Dunn
[docketing]
(A)

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[enclosure]
05/26/1847Sir
I have to acknowledge the receipt of your letter of to day’s date, enclosing one addressed to you on the 15th instant by A. G. Henry Esq. of Pekin Illinois relative to his claim against the U.S. for supplies &c furnished to Capt Edward Jones’ Compy of Illinois Volunteers prior to their muster into service in June 1846–
In reply I herewith enclose a copy of my letter to Mr Henry of the 6th 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 8th 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
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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 Capt Jones’ Compy 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 Mr Henry– This explains the seeming inconsistency mentioned by Mr 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 Mr 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 Mr Henry, as requested is herewith returned–
I am very Respectfully
Your Obt servt
Peter Hagner AudTo Richard M Young Esq.Commissioner of the General Land Office

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<Page 18>
[docketing]
Letter from Mr Hagner to Judge Young

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[enclosure]
07/17/1847Sir
Your appeal to the Secretary of War from the decision of the accounting Officers of the Treasury upon the claims of Mr 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–
I am very Respectfully
Your Obt servt
Peter Hagner AudTo Richard M. Young Esq.Commissioner of theGeneral Land Office

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[enclosure]
03/03/1847U.S. Congress
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–
[endorsement]
//
My claim was rejected as not coming within the meaning & intent of this Resolution. I acted in accordance with the proclamations (or Orders) of Gov. Ford which gave assurances that All necessary Expences would be paid by the Government & this should be construed by the department as “authority from the State.” It is passing strange that I should be recognized, as will be seen from the papers, as Acting Qr M.[Quarter Master] & Commissary—for 8 days & paid 30 dollars
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for my Services, which I never though of charging for, & refused payment for the amount advanced for Expences of the troops–
A. G. Henry

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[docketing]
Resolution of Congress—with remarks by A. G. Henry the claimant

<Page 24>
[enclosure]
05/06/1847
(Copy)
To A. G. Henry Esq.Pekin Illinois Sir
I have received your letter of the 4th ultimo relative to your claim for subsistence &c furnished Capt 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 30th of October last, and were acted upon by me, and the Second Comptroller of the Treasury, on the 25th 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] Mr 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 Capt Jone’s Compy—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,
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and received for answer, that, “the papers in the case were sent to the Pay Master General on the 27th of Feby[February] last, in order that the necessary deductions might be made from the men &c–” Application was thereupon made at the Pay Master Genls[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 25th 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 Qr Master, has been made & sent to the Second Auditor, where by law such claims are adjusted, and to whom you are respectfully referred–
Respectfully &csigned Peter Hagner
Audr[Auditor]

<Page 26>

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[docketing]
Letter from Petter Hagner To A.G. Henry

<Page 28>
[enclosure]
07/15/1847
Copy
Hon. Wm L. MarcySecretary of WarSir–
The letter of Richard M. Young Esq. of the 14th 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, Mr Young on behalf of the claimant appeals to you under the joint Resolution of 3d 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 8th 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
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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 Mr 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 am with great Respect
Your Obt servt
Peter Hagner
Audr
[endorsement]
07/16/1847
I concur in the within view taken by the 3d Auditor—16. July '47
W. L. MarcyPeter Hagner Audr

<Page 30>

<Page 31>
[docketing]
Desession of Sec.[Secretary] Marcy & an Explanatory letter from the Auditor.
1Abraham Lincoln wrote the body of the document and signed Anson G. Henry’s name.
2Captain Edward Jones commanded Company G of The Fourth Regiment of Illinois Volunteers. Commanded by Colonel Edward D. Baker, the Fourth Regiment went into service in the Mexican War in July 1846 and was discharged in May 1847.
William Hugh Robarts, Mexican War Veterans: A Complete Roster of the Regular and Volunteer Troops in the War Between the United States and Mexico, from 1846 to 1848 (Washington, DC: Brentano's, 1887), 45; Isaac H. Elliott, Record of the Services of Illinois Soldiers in the Black Hawk War, 1831-32, and in the Mexican War, 1846-8 (Springfield, IL: H. W. Rokker, 1882), 296.
3On December 20, 1847, Lincoln presented this petition in the House of Representatives, and the House referred it to the Committee on Claims. The Committee of Claims reported back the petition on February 29, 1848, with a report on Henry’s claim and a bill for relief. The House passed the bill on March 24. The Senate referred the bill to the Committee on Military Affairs. The Committee on Military Affairs reported back the bill on June 20 without amendment, but the Senate took no further action.
U.S. House Journal. 1847-48. 30th Cong., 1st sess., 115, 464, 605; U.S. Senate Journal. 1848. 30th Cong., 1st sess., 238, 242, 400-401.
4Lincoln wrote this docketing.
5The joint resolution of August 8, 1846, included provisions for reimbursing states or individuals who had paid the expenses or furnished transportation for volunteers .
“Joint Resolution directing the Payment of Certain Volunteers and Militia, Under the Limitations Therein Prescribed,” 8 August 1846, Statutes at Large of the United States 9 (1862):115.
6“A Resolution to Refund Money to the States Which Have Supplied Volunteers and Furnished Them Transportation During the Present War Before Being Mustered and Received into the Service of the United States,” 3 March 1847, Statutes at Large of the United States 9 (1862):206-7.
7“furniture” changed to “furnished”.
8“General” changed to “general”.
9“prevention” changed to “prosecution”.
10“Joint Resolution directing the Payment of Certain Volunteers and Militia, Under the Limitations Therein Prescribed,” 8 August 1846, 115.
11“An Act Supplemental to an Act Entitled ‘An Act providing for the Prosecution of the Existing War Between the United States and the Republic of Mexico,’ and for Other Purposes,” 18 June 1846, Statutes at Large of the United States 9 (1862):18.
12One mill is equal to one-thousandth of a dollar.
Joseph Ray, Practical Arithmetic, by Induction and Analysis, 1000th ed., (Cincinnati: Sargent, Wilson, & Hinkle; New York: Clark & Maynard, [1857]), 74.
13“Joint Resolution directing the Payment of Certain Volunteers and Militia, Under the Limitations Therein Prescribed,” 8 August 1846, 115.
14“A Resolution to Refund Money to the States Which Have Supplied Volunteers and Furnished Them Transportation During the Present War Before Being Mustered and Received into the Service of the United States,” 3 March 1847, 207.

Handwritten Document Signed with a Representation, 31 page(s), Tray 4, RG 233, Entry 367: Records of the United States House of Representatives, Thirtieth Congress, 1847-1849, Records of Legislative Proceedings, Petitions and Memorials, Resolutions of State Legislatures, and Related Documents Which Were Referred to Committees, 1847-1849, NAB