THIRTIETH CONGRESS—FIRST SESSION.
Report No. 253.
(To accompany bill H. R. No. 246.)
HOUSE OF REPRESENTATIVES.
DOCTOR A. G. HENRY.
February 29, 1848.
Mr. Dunn, from the Committee on Claims, made the following:
REPORT:
The Committee of Claims, to whom was referred the petition of Doctor A. G. Henry, of Illinois, report:

That they have investigated the same, and find that his claim is for transportations furnished to Captain Ed. Jones’s company, belonging to Colonel Baker’s regiment of Illinois volunteers, from their place of organization to the place of rendezvous; for supplies and medical attention on that march, and after their arrival, until mustered into the service of the United States, and some assistance afforded them whilst organizing.

At the time these services were rendered there was no law, it appears, authorizing payments to be made therefor; but assurances were given by those engaged in raising forces for the army that provision would be made.

A law was afterwards passed providing for such cases; but the amount authorized to be paid was something less than the sums charged in this instance. The committee are opposed to countenancing extravagance; but it is suggested to them that the charges here made are for cash actually expended, in part by the petitioner and in part for contracts that he made; becoming personally responsible, and is legally liable, and will be compelled to pay—independent of medical and his own personal services. They have no doubt but that the petitioner was actuated in all he did by praiseworthy and patriotic motives. They are not able to say that the charges are reasonable or wholly the reverse. But it is worthy of remark that at the time, and under the circumstances when these troops were raised, some little greater expense attended the matter, on ac-

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count of government having at that time provided no supplies or system of operations tending to economy or facility in raising troops or taking care of them. The whole movement was hurried and without concert between the government and the recruiting forces, to a very great extent. The country was unprepared for the emergency, and under such circumstances the strictest economy could not be observed or expected. They are of opinion, therefore, that payment for small excesses, over the amount since fixed by law, of expenses actually incurred in good faith ought not to be withheld. But as they have not before them the necessary information to ascertain definitely how much the petitioner ought to be paid, they herewith report a bill for his relief, referring the ascertaining of the amount to the proper accounting officers of the government, and recommend its passage.

Report of the Third Auditor of the Treasury upon the claims of A. G. Henry and Walden Porter, for transportation, subsistence, &c., furnished to Captain Edward Jones’s company of 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 general rendezvous, to be mustered into the service of the United States, for the prosecution of the war against the Republic of Mexico, transmitted for the action of the accounting officers, by the Quartermaster General, on the 30th ultimo.

The claims are as follows:

The United States,

I certify that the above service was rendered,EDWARD JONES,
Captain, company G, Illinois volunteers.

I hereby certify that Captain 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,
Colonel 4th regiment Illinois volunteers.

The United States,

To A. G. Henry, act’g ass’t comis’y and qua’rmaster, Dr.

For subsistence, medical attendance, camp equipage, forage for thirteen teams for three days, barracks, straw, and lodging on the road for Capt. Edward Jones’s company G, attached to Colonel Edward D. Baker’s regiment of Illinois volunteers, while on their march to place of rendezvous, and while quartered in Pekin, Illinois, from the 10th to the 17th of June, 1846, inclusive, viz:

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 Colonel 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 quartermaster, 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,
Captain company G., 4th regiment Illinois volunteers.

This will certify that I gave to Captain 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 written account rendered by A. G. Henry for subsistence, &c., furnished said company, and have no doubt of its correctness, &c., and advise its payment.

In the last recited account there is a charge “for eight days’ medical services rendered said company, being the usual rate of

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charge in the country,” amounting to $47, which has been referred to the 2d auditor for settlement.

Captain Jones’s 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 payments of such claims is found in a joint resolution of Congress, approved August 8, 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 United States entered upon their duties with said regiments, they may receive the same rate of compensation, and to a like number as provided by law. And persons doing the duties of assistant quartermasters, 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.”

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 “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.”

On examination of the muster roll of Captain Jones’s company, in the Second Auditor’s Office, it is found that sixty-one members thereof are noted to be entitled to the allowances for sixty miles, and fifteen members to eighty miles travel, from their homes to the place of general rendezvous. The legal allowances due these men, under the before recited resolution and law, prior, and up to their arrival at the general rendezvous, and muster into the service of the United States, according to distance, and not according to time. is as follows:

I am of opinion that the above sum of $178 20, being the legal allowances to the men of Captain Jones’s 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:

I am further of opinion that A. G. Henry, acting assistant quartermaster and commissary of said company, is, under the joint resolution aforesaid, entitled to the pay and allowances of a captain of 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.

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.PETER HAGNER,
Auditor.

The above decision of the Third Auditor is in conformity with the “joint resolution,” therein mentioned.ALBION K. PARRIS,
Comptroller.