Warrants on the land office at this place, Mineral Point, and St. Louis, will be acceptable to the contractor. I have the honor to be, sir, with great respect, your obedient servant. J. D. DOTY, Treasurer of Commissioners of Pub. Buildings, Madison To the SECRETARY OF THE TREASURY of the United States. No. 6. TREASURY DEPARTMENT, November 17, 1838 SIR: I have the honor to submit for your consideration a report sub..... mitted by the First Auditor, in relation to the charge on the Treasury books against J. D. Doty, Esq., the agent of the Territory of Wiskonsan in relation to the erection of public buildings authorized by Congress... Judge Doty has applied for an advance of the appropriation made at the late session of Congress for completing those buildings. He has given the security required by the act of the Territorial Legislature, referred to in the act of Congress, as appears by a certified copy of his bond now on. file in this Department. By a statement furnished by him, it appears that, he has advanced to the contractor funds to meet the expenditures for the erection of the buildings. Under these circumstances, I respectfully recommend that the advance asked for be authorized. I am, very respectfully, your obedient servant, To the PRESIDENT of the United States. Authorized.-M. V. B. LEVI WOODBURY, Secretary of the Treasury No. 7. TREASURY DEPARTMENT, First Auditor's Office, November 17, 1888. SIR By the 13th section of an act of Congress, entitled "An act es ablishing the Territorial Government of Wiskonsan," approved 201 April, 1836, there is this language: "And twenty thousand dollars, to be baid out of any money in the Treasury, not otherwise appropriated, is hereby given to the said Territory, which shall be applied by the Governor and Legislative Assembly to defray the expenses of erecting publis buildings at the seat of government." And it appears, upon reference to an act of the Territorial Legislature, entitled "An act to establish the seat of government of the Territory of Wiskonsan, and to provide for. the erection of public buildings," approved the 3d of December, 1836, that the said Legislature provided for the appointinent or election of three commissioners to superintend the erection of said buildings, and for the appointment of one of their number as treasurer, whose duty it was made to draw the said appropriation from the Treasury of the United States. He was required by said act to execute a bond to the Territory, to be approved by the secretary of the Territory, in the penal sum of forty thousand dollars, for the faithful execution of the duties of his office, a that he will annually render to the Legislative Assembly a true account of all moneys received and paid out by him. Under this act, I understand that the Hon. J. D. Doty was appointed a commissioner and treasurer, and received the said appropriation from the Treasury of the United States. Under this legislation, I am of opinion that Mr. Doty is not required to render his account and vouchers to this office, but to the Territorial Assembly, which, in my opinion, is the sole judge of the proper expenditure of the money, and of the sufficiency of the vouchers. If Judge Doty stands charged on the books of the Treasury with the mor eys advanced to him, a certified copy of the settlement by the Legislative As sembly might be necessary to give him credit, so as to balance his accounts in the Treasury. Judge Doty has, however, left an account and vouchers in this office, which exhibit payments on the order of the building com missioners, appointed by the Territorial authorities, exceeding the amount advanced from the Treasury. Although I do not conceive it my duty to settle an account for these expenditures, I mention the fact to show that the money has been expended. By an act of Congress, approved 18th June, 1838, entitled "An act making an appropriation for completing the public buildings in Wiskonsan," it is provided that the fu ther sum of twenty thousand dollars be, and the same is hereby, appropriated, &c., to defray the expenses of completing the public buildings, &c., which sum, or so much thereof as may be necessary for that purpose, shall be expend ed according to the act of the Legislative Assembly of Wiskonsan, above referred to, provided the said commissioners shall cause the said money to be so expended as to accomplish the completion and finishing of said Buildings without further expense to the United States. Under this legislation, I view Judge Doty as the authorized agent of the Territory to receive the last appropriation, unless superseded by another appointment. conceive the only inquiry to be made, before advancing the money, is Judge Doty still the treasurer ? Is the money necessary to the comple tion of the buildings? And will they be completed without further es pense to the Government? All of which are questions with which I have nothing to do. So far as it regards the advancement of the first twenty thousand dollars, I think the evidence furnished is sufficient to jus tify the belief that it has been properly expended, and that the fact that account has been settled in this office ought not in itself to prevent an advance on account of the last appropriation. I am, very respectfully, your obedient servant, J. MILLER. N. B. I do not wish to be understood to say that the Territorial a thorities are not bound to account to this Department for the expenditure of the money, agreeably to the intention of Congress; but whatever ac Count may be presented must be first sanctioned by the Territorial author ities before I would feel authorized to settle any account. Hon. LEVI WOODBURY, Secretary of the Treasury. J. M. No. 8. [In the margin: Warrant.-Treasury.-No. 10, 129.-Appropriation.-Completing public buildings in Wiskonsan.-$20,000.] TREASURY DEPARTMENT. To William Selden, Treasurer of the United States, greeting: Pay to James D. Doty, treasurer of the board of commissioners for erecting public buildings in Wiskonsan Territory, or order, out of the appropriation named in the margin, twenty thousand dollars, on account of his expenditures, and for which sum he, the said J. D. Doty, is to be charged and held accountable. For so doing, this shall be your warrant. Given under my hand and the seal of the Treasury, this twentieth day of November, in the year one thousand eight hundred and thirty-eight, and of independence the sixty-third. } Countersigned: Recorded 21st: LEVI WOODBURY, Secretary of the Treasury. J. N. BARKER, Comptroller. T. L. SMITH, Register. Received payment of the above warrant, No. 3,651, on receiver, Milwaukie, Wiskonsan, $20,000. The following is appended, viz: J. D. DOTY. WASHINGTON, November 25, 1838. Mr. Henry Stringham, of Astor, is hereby authorized to endorse my name on the Treasury draft No. 3,651, for $20,000, which is payable to my order, and dated November 21, 1838; and is drawn on the receiver of public moneys, Milwaukie, Wiskonsan Territory. J. D. DOTY. No. 9. No. 3,651. $20,000. Issued on Treasury Warrant No. 10,129. SIR: At sight pay to the order of James D. Doty twenty thousand dollars. Received the amount of the within draft of Rufus Parks, receiver of public moneys at Milwaukie, Wiskonsan. JAMES D. DOTY, by HENRY STRINGHAM. No. 10. TREASURY DEPARTMENT, First Auditor's Office, April 26, 1841. SIR James D. Doty, of Wiskonsan Territory, stands charged on the books of the Treasury Department in the following manner, to wit: James D. Doty, treasurer of the board of commissioners for the erec tion of public buildings in Wiskonsan, Dr. To warrants on the Treasurer For No. 4,843, dated March 7, 1837 For No. 10,129, dated November 20, 1838 $20,000 20,000 $40,000 The first $20,000 was advanced to him under the act of 20th April, 1836, entitled "An act to establish the Territorial Government of Wiskonsan," and the second sum of $20,000 under an act approved June 18, 1838, entitled "An act, making appropriation for completing the public buildings in Wiskonsan." Mr. Doty has called on me several times, as the First Auditor of the Treasury, and informed me that he was ready to exhibit his vouchers for the expenditure of the money, and desired that his account might be settled. I have uniformly declined to make the settlement on this ground: I believe the first appropriation was an absolute donation to the Territory, and that the person who received it was bound to account to the Terri toriai authorities for its application. I also believe that so much of the last appropriation as was necessary to the completion of the buildings was also a donation, and to be accounted for to the Territorial authorities in like manner as the first; and that the accounting officers have no right to settle or meddle with the accounts and vouchers touching the expen diture of said money, at least until they have been approved by the proper authorities of the Territory, after which, if there is any balance of the appropriation left, it ought to be paid back to the Treasury. Mr. Doty, however, insists that he ought not to be held as a debtor on the books of the Treasury, and that, if the accounting officers will not receive his vouchers, and credit him with his payments, there ought to be some charge made in the entries on the books of the Department, so that he may not be exhibited as a debtor to the Government. This view of the subject seems to be reasonable; and my opinion is, that the original entries on the books ought to have been for payments to him, as agent of the Territory, for moneys due to the Territory under the said acts of Congress, and that Mr. Doty ought not to have been held as a debtor on the said books; and I now think that some entry ought to be made, so as to exhibit the facts truly, and release Mr. Doty from the appearance of being a debtor to the Government for the moneys thus advan ced. I hardly know, however, in what form it may be best accomplished. I will make this suggestion, however, to wit: that an account be stated, in the name of Mr. Doty, charging him with the moneys advanced, and at the same time crediting him with the same amount, as having been received for the use of the Territory, and for the purposes expressed in the acts of Congress making the grants, and that a proper entry be made on the books, showing that the same has been paid to the Territory, or to its authorized agent, agreeably to the said acts of Congress. I submit a form of the proposed settlement, and would be pleased to have your views on the subject. I am, very respectfully, your obedient servant, Hon. WALTER FORWARD, First Comptroller of the Treasury. J. MILLER. No. 11. No. 81,642. TREASURY DEPARTMENT, First Auditor's Office, April 26, 1841. I have examined and adjusted an account between the United States and James D. Doty, treasurer of the board of commissioners for the erection of the public buildings in Wiskonsan Territory, and find that he is chargeable, as follows, viz: To the following Treasury warrants, issued severally under the act of the 20th April, 1836, entitled "An act to establish the Territorial Government of Wiskonsan," and the act of June 18, 1838, entitled "An act making an appropriation for completing the public buildings in Wiskonsan," and ought, at the time of payment, to have been charged as payments for money due to the Territory, under the said acts of Congress, viz : For 4,843, dated March 7, 1837 For 10,129, dated November 20, 1838 $20,000 $40,000 $40,000 I also find that he is entitled to credit as follows, viz: and By the amount due to the Territory of Wiskonsan, given and granted to the said Territory by the act of Congress, entitled "An act to establish the Territorial Government of Wiskonsan," approved April 20, 1836, "An act making an appropriation for completing the public buildings in Wiskonsan," approved June 18, 1838, received by J. D. Doty, as the agent of the Territory, and for which he is accountable to the Territory, as appears by his bond given to the Territory therefor, and not to the United States $40,000 which is submitted for the decision of the Comptroller of the Treasury thereon. J. MILLER, First Auditor. WALTER FORWARD, Esq., Comptroller of the Treasury. Admitted and certified: TREASURY DEPARTMENT, Comptroller's Office, April 27, 1841. WALTER FORWARD, Comptroller. |