I have the honor to acknowledge your Excellency's favor of the 4th of June last, I will endeavor to fix upon a proper person for the Commissioner to settle the accounts of your State with the United States. At the same time I must take the liberty to mention that the Resolutions of your Legislatures on this subject do not perfectly square with the Resolutions of Congress. These have now been generally adopted by all the States and the idea on which they are founded is that the commissioner being nominated by the Superintendent but deriving his authority from the approbation of the Legislative authority stands in temper and judgment unbiased, and being sworn to do what is equitable and empowered so to do by Congress as far as the property of the Union is concerned he is in this respect as it were a Chancellor, but one from whose dccision lies no appeal.
Your Legislature seem to have adopted the idea of an arbitration but with this remarkable circumstance that, they have named one arbitrator and possess a liberty of rejecting the other. There appears also another circumstance which perhaps may very much impede the settlement of the accounts. You have determined that monies advanced, Supplies furnished, or services performed shall be estimated by the Continental scale of depreciation, but Congress have determined that supplies and services shall be estimated according to the real value at the time and place of furnishing and performing them. I shall not go deeply into this subject because it is time enough when difficulties arise with the commissioner. And I fear they will arise and not perhaps be surmounted unless the Legislature should think proper to revise the Law, for I do not conceive it possible that Congress should change their Resolutions because numerous accounts have been already settled in conformity thereto.