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756 B 1870
Washington, D.C.
Nov. 19. 1870.
No 76. Vol. 14. RFAL. 1870.
S. Barnes
late Capt. & A.Q.M. Vols.

[[stamp]] THE NATIONAL ARCHIVES OF THE UNITED STATES [[/stamp]]

Requests information why the sum of $35 of his pay was stopped in March '67

11 19 182

over

Special

[[stamp]] BUREAU R.F.&A.L. WASHINGTON REC'D NOV 21 1870 [[/stamp]]

Recd. A.G.O. Nov. 19. 1870 -

November 19. 1870. Stuart Barnes late Captain and Assistant Quartermaster of Volunteers states that he has received a certificate of non-indebtedness from the Paymaster General dated November 15, 1870 on which is endorsed a stoppage of $35 by order of the Secretary of War, dated March 14. 1867, and turned over to Genl. Howard.  Requests to be informed as to the reason of said stoppage or upon what account it was made.

From enclosed brief based on 57. F. 1870, (which paper is not on file in this office) it appears that this is a claim for $47.00 which Brevet Captain W. James Kay, Veteran Reserve Corps, Assistant Superintendent Freedmen's Bureau, certified he paid from his private funds in May and June 1866 on account of the Bureau of Refugees, Freedmen and Abandoned Lands, while he was Superintendent of Buckingham, Virginia.  From extracts from Records of Office of Chief Quartermaster and Financial Agent Bureau Refugees, Freemen and Abandoned Lands, Department of Potomac, it appears that the sum of $35. had been paid by General James, Assistant Quartermaster to Colonel Stuart Barnes, Superintendent 2nd District to be paid to Captain Kay held that he had never received the draft for $35, nor any portion of his account and further that he believed Colonel Barnes applied the funds to his own private use and intended to defraud him (Captain Kay) out of said money.

A report of Captain G. Mallory Inspector at Richmond, Virginia, concluded that Colonel Barnes having been mustered out Captain Kay must resort to civil tribunal for satisfaction and that the military had no jurisdiction.  Upon this report Major General Schofield was of opinion that the Bureau had no authority to reach the case.  From these conclusions Captain Kay appealed holding that he was entitled to reimbursement from Government and that he ought not to suffer from the tortuous acts of Colonel Barnes, holding also that it was the duty of Government and not his duty to call Colonel Barnes to account for misappropriation of funds entrusted to him.

A report of General Balloch, Chief Disbursing Officer, Bureau Refugees, Freedmen and Abandoned Lands recommended that the papers be referred to the Adjutant General of the Army with request that the Pay Department be instructed to stop from the final payment of Captain Barnes (late Assistant Quarter Master) the sum of $35.00, said sum to be refunded to the Bureau.  General Balloch did not believe Colonel Barnes sent the check as alleged to Captain Kay.  The  (over)