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pensation," on which Attorney General Black gave an opinion to the Secretary of the Interior, October 17, 1857. The law says, (vol. 10, U. S. L., p. 100): "No one whose annual salary amounts to $2,500 shall receive compensation for discharging the duties of any other office Whence, adds the Attorney General, "my conclusion is that no officer of the government having received a salary fixed by law, or whose compensation amounts to $2,500 per annum, can receive extra pay for any service whatsoever," &c.

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All of the payments for double service come within this law; for none of the officers' compensation exceeded $1,500, (the other being $1,000 and under,) and none of these salaries were fixed by law. All were fixed by myself, except those of the commissioner, chief surveyor, and chief astronomer.

No. 8.-Paid A. D. Vaudricourt his expenses home, after resigning his place as draughtsman, $100.

Paid Mr. Goffin for Vaudricourt's board, room rent, 15 months, $92.

Vaudricourt did resign, but on the arrival of Colonel Graham at El Paso, the latter knowing that V. came out with me, and not being aware of his having left the commission, set him to work again. Colonel Graham did not join me for five or six weeks after, when he incidentally told me the fact. He then ordered his dismissal, but Vaudricourt had served two months before the order reached him. I was bound for his board, which I paid, and his transportation home, $100. He was paid nothing for his two months' service, which amounted to $200.

No. 9.-Powers' bill, $25; Carlisle's bill, $89 95-together, $114 95. These two bills are for wines, provisions, table furniture, and other expenses attending a dinner given by the United States Boundary Commission, in the city of Chihuahua, to General Trias, commander of the military division, the governor of the state, and some twenty other officers, civil and military.

The commission had received many favors from General Trias. He furnished an escort for us from El Paso to Ringgold barracks, (more than 1,000 miles.) He also gave such instructions to the military posts and civil authorities, as greatly facilitated our journey. He was of great service, too, by my request, in arresting deserters in Mexico, and thus checking desertion from the United States army on the fron-tier. He once sent couriers to all the military posts by my request, in accordance with the wishes of the United States officer in command, in order to check desertion.

Representing the United States in this country, it was certainly due from me as an act of courtesy, to give the officials an entertainment. In completing the boundary survey, I was carrying out the treaty stipulations, and I do not think the expense of this entertainment should be borne by me any more than Commodore Perry should have paid from his own pocket the expense of the entertainment he gave the Japanese officials.

No. 10.-Clothing, in Brooks Brothers' bill not accounted for, viz : 26 pairs pantaloons, and 100 oil suits-total cost, $262 87.

On the journey across the plains to El Paso, the train being in

charge of Colonel McClellan, many articles were left at "Leona" to lighten the wagons, and insure the safety of the train. It was, notwithstanding, stopped by the severity of the weather in December, when Colonel McClellan hastened on, leaving a portion of the train behind with its contents. Soon after, the wagon master in charge was murdered, and in consequence certain property was stolen. The pantaloons were taken by the teamster, who being discharged on their arrival, and the robbery not being then known, the property was not recovered; nor were the oil suits ever found. Wagons, tents, mules, saddles, &c., were many times abandoned from necessity, and to save the lives of the party. Often, we had no means of transporting them. These were always considered as "expended in the service."-(See my report to Secretary of Interior of this disaster, Document 119, 32d Cong., 1st session, pages 386 and 388.)

THE UNITED STATES

ACCOUNT B.

TO JOHN R. BARTLETT, late commissioner, DR. For the following payments made by me on behalf of the United States, which have been disallowed by the Comptroller, as per his statement accompanying Fifth Auditor's Report, No. 14,575.

No. 1, voucher 2.-Allowance to S. S. Moe for his travelling expenses home from California......

No. 2, voucher 15.-Travelling expenses of A. A. Lea, servant to J. R. Bartlett...............

No. 3, voucher 15.-Travelling expenses and medical attendance on Joseph Moorehead, from El Paso........ No. 4, voucher 5.-Allowance to Clement Young for his travelling expenses from El Paso to Washington..... No. 7, voucher 37.-J. Graham & Jacobs, transportation of commission property from San Antonio to New York... No. 10, voucher 1.-A double barrelled gun and revolver.. - No. 11, voucher 2.-Thomas Thomas, allowed for a revolver expended in service......

$100 00

52 15

375 00

200 00

45 00 125 00

75 00

No. 12, voucher 3.-Two guns, received by Lieutenant
Whipple, approved by him.......

57 50

No. 13, voucher 1.-Per diem allowance to C. Radziminski.........

116 00

No. 18, voucher 11.-Paid T. H. Webb, services as physician one quarter ...

250 00

No. 36, voucher 1.-Paid Luther Pearson, protest and expenses on drafts........

No. 19, voucher 19.-Paid Henry Jacobs, as assistant secretary and disbursing agent......

90 07

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No. 37, voucher 6.-Paid D. Diffinderfer medical attendance.
No. 39, voucher 14.-Paid H. Willard for hire of room for

13 00

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No. 41, voucher 16.-Paid Chubb Brother, bankers, for
printing telegraph despatches and protests on drafts.....
No. 42, voucher 19.-Paid G. Hunter for costs of court....
No. 43, voucher 1.-Paid Lieutenant Palfrey for salvage
on instruments saved from wreck...

To amount of items in first account-accompanying from
Comptroller's Report, No. 12,486..

$46 49 4 70

100 00

4,579 52

To sundry small items from following leaf...

To sundry small items W. Young from following leaf..... To interest on the balance due me on my account as rendered November 23, 1853.

To per diem allowance of three dollars per day, for 180
days while waiting in Washington for the adjustment
of my accounts, that rate having been allowed me while
returning from the field of operations.....

Disallowed in Fifth Auditor's Report, No. 12,486.
Transportation account:

Page 8 Report, voucher No. 8.-Travelling expenses
of six servants from Washington to New York, in
R. H. Coffee's bill.......

6,287 44

125 25

30 67

540 00

$97 50

Allowed by the Comptroller..

45 00

Balance due........

52 50

Page 5, voucher No. 151.-Paid W. S. West, towards travelling expenses home.....

15 00

Labor account:

Page 26.-Pay roll 33, No. 13: Payment to Cassidy, for six days beyond time, served for the purpose of paying his travelling expenses home......

8.00

Per Fifth Auditor's Report, No 14,575:

No. 5, voucher 6.-W. Young's transportation from Washington to New York...

15 00

No. 6, voucher 24.-R. Matthews, for transportation to New York.................

$14 00

R. Matthews, hotel expenses in New Orleans and St.
Louis

12 50

No. 38, voucher 12.-B. Smith's bill, maps..

26 50 8 25

Expended in the service.....

125 25

Labor abstract, page 25, (Report 12,486 :) Payment to Wilfred Young for twenty-three days' services, allowed him to pay his transportation home.....

30 67

Explanation of sundry items in statement of differences in account of John R. Bartlett, per Auditor's Report, No. 14,575.

..... $100 00

No. 1. Voucher 2.-Allowance to Samuel S. Moe........ Three men were honorably discharged by me in California, to each of whom I allowed $100 for their expenses homeR. B. Smith, J. T. Mankin, and Moe. All were mechanics, having large pay, and it was a relief to the commission to get rid of them. I paid the two former $100 each, and their accounts were allowed.-(See Nos. 227 and 224, transcript account.) To Moe I had previously advanced, before leaving New Mexico, $100, for which I took his receipt. He left without giving a particular voucher, stating that it was for his return money. I have not seen or heard of him since.

No. 3. Voucher 15.-I have left a memoradum relative to 375 00 Moorehead at the office, and will only add that it is known that this unfortunate man did return to die in an asylum. He was months on his way, attended with great expense, and there is no other charge or allowance for his expenses home, which he was entitled to. I have endeavored to obtain his certificate that his brother was his legal attorney, but without success.

honorably dis- 200 00 reduce it, and

No. 4. Voucher 5.-Clement Young was
charged from the commission, in order to
hence entitled to his transportation home. To most of the
officers so discharged I allowed $100, many of whom pre-
sented itemized bills afterwards for about $225. When
the balance was allowed, I do not think any one could
have reached home for less, unless some of the transporta-
tion was given.

45 00

No. 7. Voucher 37.-Payment to Graham & Jacobs..... This house received and forwarded property many times for the commission. Many of the officers took but portions of their baggage, and hastened on to Washington, and had their trunks and other baggage sent by ship. Several articles of the commission came this way, but I cannot now state what they were. No. 10. Voucher 1.-Bill of arms. It is impossible for me 125 00 to show that these are different from those in a previous voucher. The only reason for supposing then the same is, that the prices are the same, while $75 was the common price for the dragoon revolvers. In one case the arms were given to Mr. Thurber, which leads me to believe they were different.

No. 11. Voucher 2.-Thompson's pistol I think a fair charge. The government was bound to arm every man, and did so, save in a few cases, where men furnished their own. Thompson was nearly three years in the service. He was not furnished by the government with a revolver, and Rep. No. 291-2

75 00

adduces the evidence of the quartermaster that his revolver was expended in the service. Several horses, the property of officers, when expended in the service, were paid for, and in every instance the accounts were allowed by the late Comptroller.

No. 12. Voucher 3.-The commission was disbanded Decem- $51 50 ber 26, 1852. Lieutenant Whipple was then surveying the Gila line, and returned to El Paso some weeks after, when, it appears, he bought these arms. It was not till March, I think, that he returned, or later, and, as I had been superceded, he made the returns of property to me. He had wagons, mules, horses, tents, and arms, which he doubtless accounted for somewhere. I advanced him money to make this survey, which he balanced by sending me vouchers, of which this bears his approval, and is one.

Commutation.

No. 13. Mr. Radziminski always received subsistence, as well as salary, in common with every officer and man, except those who commuted. If Mr. R. was not in a situation to be subsisted by the commissary, it seems fair that the government should allow him for it; and, although no law allows such commutation, it did not seem out of the way to allow him for the twenty-nine days the same that was allowed to army officers.

No. 18.-Whatever may have been the instructions here re- 250 00 ferred to, it appears to me, as this account has not been adjusted till now, you should be governed by the latest opinion, viz: that of Attorney General Black, of September, 1857, which only cuts off those whose salary amounted to $2,500, or which was fixed by law. Dr. Webb's pay as secretary was $1,500, and it was fixed by me, not by any law or regulation. Indeed, it is the opinion now of the Secretary of the Interior that such should be allowed under Mr. Black's decision.

No. 19. This is the same as the last, and should be allowed. Even Mr. Whittlesey was disposed to allow Jacobs' bill before, and in his statement of differences (see p. 7) says "it seems a fair charge."

Nos. 20 to 32 must remain unadjusted for Tansill's transfer list.

90 07

Miscellaneous.

No. 36. Voucher 1.-Considering the large amount of drafts negotiated by me, on which no discount or expenses were ever paid, this seems a small charge to be rejected. I obtained the money at par in California, New Mexico, Chihuahua, Texas, &c., on my drafts, in the belief that they would be promptly paid. If the belief had been otherwise,

29 91

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