COMPTROLLER'S OFFICE. I admit and certify the above balance this 16th day of September, 1841. J. N. BARKER, Acting Comptroller. THOMAS L. SMITH, Esq., Register. No. 14. MADISON, August 10, 1841. SIR: There is a report, which is current in this Territory, that the Hon. James D. Doty has deposited with the Secretary of the United States Treasury a certain sum of money, being a balance of an appropriation. made by Congress for the erection of a capitol, and unexpended. By the fifth section of an act, entitled "An act to provide for the completion of the capitol at Madison," passed by the Legislative Assembly of this Territory, and approved February 19, 1841, that money is to be paid into the treasury of this Territory. The object of this is to ascertain whether the money above alluded to has been received by you, and, if so, on what authority it will be paid to the Territory. Very respectfully, your obedient servant, Hon. THOMAS EWING, Treasurer of the Territory of Wiskonsan. Secretary of the Treasury of the United States. No. 15. TREASURY DEPARTMENT, August 28, 1841. SIR: Your letter of the 10th instant was duly received. In answer to that portion of it respecting the amount of money paid into the Treasury by Hon. J. D. Doty, of the appropriation placed in his hands, I am informed by the Register that he has paid therein the sum of $1,758 38. The First Auditor, to whom your letter has been referred, will inform you how the money can be drawn from the Treasury. I am, very respectfully, your obedient servant, R. S. REAM, Esq., Treasurer Wiskonsan Territory. No. 16. Secretary of the Treasury. TREASURY DEFARTMENT, August 31, 1841. SIR: Herewith I transmit you the reply of the First Auditor to that portion of your letter asking how certain moneys therein mentioned can be drawn from the Treasury. I am, very respectfully, your obedient servant, R. S. REAM, Esq., T. EWING, Secretary of the Treasury. Treasurer Wiskonsan Territory. No. 17. TREASURY DEPARTMENT, First Auditor's Office, August 30, 1841. SIR: In answer to the letter of R. S. Ream, treasurer of the Territory of Wiskonsan, directed to you and referred to this office, I have to state that the moneys granted by Congress to the Territory of Wiskonsan for the erection of public buildings were, in my judgment, received by the Hon. James D. Doty, as the duly authorized agent of the Territory, to which he is alone responsible for the proper application of the money. This is the view I always took of this subject, and have uniformly declined to receive any accounts or vouchers from him showing the disbursement of the said moneys, on the ground that he ought to account for the same to the Territorial authorities; and in this opinion I understood Judge Doty to concur. It is true the original entries on the books of the Treasury exhibited Judge Doty as a debtor to the United States for the amount of moneys he received, but they were subsequently corrected at his instance, and in accordance with the judgment of the Comptroller and myself, so as to show that he had received the moneys, as the agent of the Territory, for the use of the Territory, to which he was to account, and not to the United States. It seems, however, from the memorandum of the Register, on the foot of the within letter, that Judge Doty has returned and paid into the Treasury the sum of $1,758 38; and the question now presented is, whether this money can be again drawn from the Treasury by the authority of the Territory. I find, on examination, it has not yet been carried to the surplus fund, but that, if not drawn before the 31st of December next, it will then pass to that fund. I am, therefore, of the opinion, if the money is applied for before that time by a person duly authorized to receive it, it can be paid. A certified copy of the law of the Territory authorizing the Treasurer to receive it, and evidence that the person applying is the Treasurer, duly appointed and qualified to act in that capacity, will be, in my judgment, sufficient to authorize payment to him. I am, very respectfully, your obedient servant, N. B. Mr. Ream's letter is herewith returned. Secretary of the Treasury. J. MILLER. No. 18. : MADISON, September 20, 1841. SIR Some time about the last of July or first of August, I wrote you respecting certain moneys, which were said to have been deposited with you by the Hon. James D. Doty, belonging to the Territory of Wiskonsan. Since the date of that cominunication to you, Governor Doty has, regardless of the laws of the Territory, and without being invested with the least shadow of authority, attempted to vacate the office of treasurer of the Territory, and has appointed James Morrison as treasurer. This Morrison was the contractor of the public buildings at Madison, and has failed to complete his contract. Suits are now in prosecution by the Territory against said Morrison for a forfeiture of his contract, and also against Governor Doty for the recovery of moneys claimed to be in his hands, and unexpended in the building of the capitol. Governor Doty has required the postmaster at Madison to deliver all letters addressed to me to James Morrison; consequently, the information I wished to obtain for the benefit of the citizens of the Territory is suppressed, or, in other words, the people are not permitted to inquire into the official acts of the Governor. The letters which were recently transmitted from the Treasury Department at Washington (and I presume in reply to my letter of inquiry) were taken out of the mail in my presence, and delivered to James Mor'rison. As I am still the legal treasurer of the Territory, and continue to act as such, and having all the books and papers of the office in my possession, except communications by mail for two weeks past, I am anxious to obtain the desired information. I have no wish to trouble you further than the dictates of duty require me to. My only object is to have you inform me of the contents of the letter from you, now in the hands of Morrison, and which are known to himself and Governor Doty only in this Territory. Have the goodness to address any communications in reply to Cottage Grove post office, Dane county, W. T. Very respectfully, your obedient servant, Hon. THOMAS EWING, R. S. REAM, Treasurer of the Territory of Wiskonsan. Secretary of the Treasury of the United States. No. 19. TREASURY DEPARTMENT, October 11, 1841. SIR In compliance with your request of the 20th ultimo, which has just come to hand, I herewith forward you the letter of the 28th August last, and the report of the First Auditor, forwarded to you from the Department, in answer to your letter dated " August 10, 1841," concerning an unexpended balance of an appropriation made by Congress for the erection of a capitol in the Territory of Wiskonsan. I am, very respectfully, your obedient servant, T. EWING, Secretary of the Treasury. R. S. REAM, Esq., Treasurer of Wiskonsan Territory. No. 20. TREASURY DEPARTMENT, First Auditor's Office, May 18, 1842. SIR: In compliance with your request, to furnish copies of all papers in this office, under the resolution of the House of Representatives of the 14th instant, I have the honor to transmit copies of two letters,* dated, respectively, 17th November, 1838, and 30th August, 1841, from the Nos 7 and 17. First Auditor of the Treasury to the Secretary of the Treasury, in relation to the forty thousand dollars advanced to James D. Doty, Esq., late treasurer of the board of commissioners appointed to superintend the erection of public buildings in the Territory of Wiskonsan. The account and vouchers, referred to in the letter of the 17th November, 1838, as having been presented at this office, being necessary to the settlement of Mr. Doty's accounts with the Territorial authorities, were taken by him, as I am informed by the late Auditor, from this office, it being understood that the accounting officers of the Treasury Department had no authority to settle the accounts, but that the settlement was to be made in pursuance of the Territorial laws and with the Territorial authorities, in which opinion Mr. Doty was understood to concur. I am, very respectfully, your obedient servant, MCCLINTOCK YOUNG, Esq., JNO. UNDERWOOD, Acting Auditor. Acting Secretary of the Treasury. |