2d Session. No. 125. PAYMENTS TO CLERKS AND MESSENGERS OF MEXICAN MILITARY CONTRIBUTION ACCOUNTS, &c. LETTER FROM THE SECRETARY OF WAR, IN ANSWER TO Resolutions of the House of 20th December, 1861, and 20th January, 1862, calling for information as to amount of money paid clerks and others connected with Mexican military contribution accounts over and above their salaries. JUNE 12, 1862.-Laid on the table and ordered to be printed. WAR DEPARTMENT, Washington City, D. C., June 10, 1862. SIR: In answer to resolutions of the House of Representatives of the 20th December, 1861, and January 20, 1862, calling for information as to the amount of money paid to clerks and messengers connected with Mexican military contribution accounts in different departments over and above their salaries, as fixed by law, and also the names of said employés; the amount paid each; and the authority, if any, upon which said payments were made; and also by what President or Secretary the same was allowed; and further, if any allowances have been made to clerks from this fund which have not been paid; and by what Secretary the allowances, if any, were made; and, if not paid, whether or not the unpaid cases differ from those which have been paid-I have the honor to transmit herewith a report of the Third Auditor, and other papers in relation to the subject of the resolution. I also append a statement of two others, whose claims on the military contribation fund were allowed by Mr. Floyd, but not paid on account of the want of funds in the hands of the disbursing clerks, although their cases did not differ from those who had been paid for like services. I have the honor to be, very respectfully, your obedient servant, Hon. G. A. GROW, Speaker House of Representatives. EDWIN M. STANTON, Numes of those whose claims were allowed by Secretary Floyd, but who were not paid for the want of funds in the hands of the disbursing clerks, December 17, 1860. Thomas J. Cathcart.. Joseph Manahan... .$2,910 65 1,207 60 TREASURY DEPARTMENT, Third Auditor's Office, February 8, 1862. SIR: I have the honor to return herewith the resolutions of the House of Representatives of the 20th December, 1861, and 20th January, 1862, requesting the Secretary of War to communicate to the House the names of all clerks and other employés in the executive departments, who have received allowances from the "Mexican Contribution Fund," in addition to their regular salaries as fixed by law, &c., &c. In compliance with instructions to report thereon, I respectfully state: From examination of the accounts rendered to this office by Mr. John D. McPherson, Mr. Nathan Rice, and Mr. John Potts, disbursing clerks of the War Department, and by Captain M. M. Clark, assistant quartermaster for disbursements on account of military contributions in Mexico, I find that payments were made by them to five clerks of the War Department, to three of the quartermaster general's office, to two of the office of the Second Comptroller of the Treasury, to one clerk of the Navy Department, and to twelve clerks of the office of the Third Auditor of the Treasury, in addition to their regular salaries, and under special authority of the War Department. The names of the clerks so paid, the amount paid to each, and the dates of payment, are as follows: Of this amount there was paid, under directions of President Polk, "that Mr. McPherson retain out of any moneys that may come into his hands, of the military contribution collected in Mexico, a salary at the rate of $1,600 per annum; subject, however, to refund so much thereof as Congress shall appropriate for his salary as a clerk in the "War Department," which directions were communicated to Mr. McPherson in a letter from Secretary of War Marcy, dated August 31, 1848; and by authority of Secretaries of War, as communicated by their indorsements upon the accounts rendered, $39,111 34, as follows, viz: 1st. By direction of President Polk, and by authority of Secretary of War, Crawford, as communicated in his indorsement dated April 27, 1850, viz: “Approved under the direction of the President pursuant to the act of March 3, 1849, and in accordance with the orders of this department of August 31, 1848, and June 5, 1849.. 2d. By authority of Secretary of War Conrad, as communicated in his indorsement dated February 10, 1853, upon a letter to him from the Third Auditor, (Mr. Gallacher,) of the 4th of February, 1853, viz: “Approved for $514 75. Charge military contributions.". 3d. By authority of Secretary of War Davis, as communicated in his indorsement, without date, viz: "The account may be paid under the 4th section of the act of 1849.". 4th. By authority of Secretary of War Floyd: First. As communicated in his indorsement on each of several vouchers, dated May 16, 1857, viz: “Accounts similar to this in principle and merit having been allowed and paid by several of my predecessors, the last being those of Messrs. Gozler and Bailey, clerks in the Quartermaster General's office, which were allowed and paid by Mr. Secretary Davis, the account is allowed, and will be paid by the disbursing clerk of the War Department, under the 4th section of the act of March 3, 1849.". Second. As communicated in his endorsement on each will be paid by the disbursing clerk of the War De- Third. As communicated by his indorsement, without date, on each of two vouchers for payment, one paid August 3, the other paid August 4, 1860, viz: "Approved, J. B. Floyd." Fourth. As communicated by his indorsement, dated December 17, 1860, on each of two vouchers for payment, viz: " Allowed for * ** to be paid the disbursing clerk of the War Department." Total $9,070 75 17,986,17 3,670 23 $672 38 514 74 5,307 53 6,494 65 1,889 54 32,616 69 39,111 34 Whether any allowances have been made which have not been paid, and by what Secretary of War such allowances, if any, were authorized, information respecting which is also requested in the resolution of the 20th January, 1862, are questions as to which no information is afforded by the records of this office. I have the honor to be, with great respect, your obedient servant, Hon. EDWIN M. STANTON, Secretary of War. R. J. ATKINSON, Auditor. WAR DEPARTMENT, February 26, 1861. SIR: During the war with Mexico a fund was raised by levying contributions upon the enemy, and from licenses, taxes, penalties, and confiscations. The amount thus raised was over $3,000,000, and was in the hands of officers of the army and others. Part was disbursed, and the remainder held by them until the act of March 3, 1849, was passed, which provided for the settlement of the accounts of the officers referred to, and which also legalized the fund, so that it could be paid into the treasury, which previously could not be. During the progress of the collection, and of course long before the passage of the act of 1849, the accounts, returns, and reports, which were very voluminous, were made to the War Department, and passed through the same forms as other and regular accounts. They were then referred to the Auditor and were settled as usual. When submitted to the Comptroller for remission, he decided that he could take no cognizance of the fund, as it had not been recognized by Congress. The accounts were then returned to the Auditor for dissection, so that part of the disbursements made from funds appropriated by Congress could be settled, while that from the contribution fund was suspended until the fund was legalized. In this department the additional labor was so great, and required so much extra labor after office hours, that one of the clerks applied for and was allowed by President Polk, August 31, 1848, a salary from the fund of $1,600 per annum, requiring him to deduct therefrom the regular salary received by him. This was held to be not such an allowance or compensation for extra services as was denied to any clerk by the 12th section of the act of August 26, 1842, but was held to be a salary authorized by the President of the United States to be paid out of a fund which was not subject to the operation of any acts regulating the settlement of accounts at the treasury; and, for services growing out of its safekeeping and the settlement of accounts for expenditures from it. The salary thus allowed was received by the clerk, with consent and approval of Secretaries Marcy, Crawford, and Conrad, until the 21st of October, 1852, and his accounts were all passed at the treasury without objection. These Secretaries referred to must have been satisfied that the 4th section of the act of March 3, 1849, warranted and authorized the allowance. Precisely the same question arose upon the payment of increased compensation to certain soldiers from this fund, and was submitted to Attorney General Johnson. (See his opinion, dated September 15, 1849.) Following the principle established by President Polk, Mr. Secretary Davis, made similar allowances in October, 1853. In May, 1857, and September, 1858, similar allowances were made by the late Secretary of War, who directed payments to certain clerks, and afterwards he directed the payment of a similar claim which had been before the President for his decision and met with his sanction. Upon similar cases which have been presented to me, the propriety and legality of these allowances and payments have been questioned at the Treasury Department; and I prefer, before final action on them, to ask your official opinion on the question whether the payments are not proper and legal under |
