2d Session. Mr. GIDDINGS, from the Committee of Claims, made the following REPORT: The Committee of Claims, to whom was referred the memorial of David and James Wilkinson, report: That said claim was referred to the Committee of Claims in the House of Representatives at the 2d session of the 26th Congress, and a favorable report was made thereon. The committee have again examined said claim, and approve and adopt said report, and herewith report a bill for the relief of the petitioners. DECEMBER 23, 1840. The Committee of Claims, to whom was refered the petition of David and James Wilkinson, heirs at law of John Wilkinson, deceased, report: That this claim was presented to Congress at the 1st session of the 24th Congress; and, in the House of Representatives, referred to the Committee of Claims, who, after an examination thereof, made a report, through their chairman, the Hon. Elisha Whittlesey, to the House of Representatives, in the following words: "The Committee of Claims, to whom was referred the petition of David and James Wilkinson, report: "That this claim is for the destruction of the buildings of their father, John Wilkinson, at Black Rock, during the late war, by the British, when the said buildings were in the military occupation of the United States, and their destruction was in consequence thereof. "The committee, on examining the proof, found it defective; and, in a written communication to one of the petitioners, directed his attention to the rules and regulations that had been applied to this class of cases. They think time should be given to perfect the proof, and submit the following resolution: "Resolved, That the Committee of Claims be discharged from the further consideration of the petition of David and James Wilkinson, and that the same, with the papers, do lie on the table." On the 14th of December, 1837, the claim was again referred, in the House of Representatives, to the Committee of Claims, with additional testimony, which obviated the objections theretofore taken to the proof; but no report at that session appears to have been made thereon. It was again referred at the 3d session of the 25th Congress, and a report made thereon in favor of the claim, and a bill introduced for the relief of the petitioners; but no further action appears to have been had on said bill at that session. That report the committee have examined, approve thereof, and adopt it as a part of this report; and herewith report a bill. JANUARY 2, 1839 The Committee of Claims, to whom was referred the petition of David and James Wilkinson, report : That the petititioners ask relief, as heirs of John Wilkinson, deceased, for a house, barn, and out-houses, destroyed by the British during the late war, and situate near the Niagara river, in the vicinity of Black Rock, in the State of New York. The petitioners account for this claim not having been earlier made, that their father, after the destruction, was reduced to indigence, and in the year 1814 removed to the State of Ohio, where he died in 1815; and that his family was left poor, and not in a condition to prosecute the claim." The petition is accompanied by the depositions of Conrad House, David W. Hawley, and William Scott, who all testify that they were in the service of the United States at the time said property was destroyed; at which time, and for some time previous, the dwelling-house was occupied by American troops, under and in obedience to the command of Captain Asa P. Haines, who was an officer in the United States service. One of the said witnesses states that he was one of the American troops quartered in said house when the British destroyed it. The witnesses further state that, at that time, the house also contained a quantity of arms and military stores belonging to the United States army. The destruction took place at the time when the British forces crossed over and destroyed Black Rock, about the middle of December, 1813. The deposition of Timothy S. Hopkins is also produced. He says that he was a brigadier general in the service of the United States in the years 1813 and 1814, and commanded the post of Black Rock; that, for some time previous to the 1st of January, 1814 he gave general orders to captains and other officers to occupy all buildings from Black Rock down to with troops and stores; and he adds, he verily believes that all or nearly all the buildings along said river, between said points, were so occupied. This deponent further says, that about the 13th of December, 1813, Captain Asa P. Haines proceeded down said river, from Black Rock, with a body of troops, in pursuance of the orders of deponent. Several wit-. nesses prove that said Captain Haines died about ten or twelve years ago. Some of the witnesses state the value of the said dwelling-house to have been $1,500, and others value it as high as $2,000. There is no proof that any part of the premises was occupied by the American troops, when destroyed, except the dwelling-house. The committee are of opinion that there is, in this case, the requisite proof that said dwelling-house was occupied as a military post, under the authority of an officer of the United States, and that the destruction was in consequence of such occupation. A bill is, therefore, herewith reported for their relief, in the sum of $1,500, the lowest valuation made of said dwelling-house. 2d Session. WILLIAM D. CHEEVER-REPRESENTATIVE OF. DECEMBER 29, 1841. Mr. GIDDINGS, from the Committee of Claims, submitted the following REPORT: The Committee of Claims, to whom was referred the memorial of the executrix of William D. Cheever, report: That said claim was referred to the Committee of Claims in the House of Representatives, at their 2d session in the 26th Congress, and a favorable report was made thereon. The committee has again examined said case, and fully concur in and adopt said report, as follows: JANUARY 4, 1841. The Committee of Claims, to whom was referred the petition of Jeannette C. Huntington, the relict and sole executrix of William D.. Cheever, deceased, and her husband, Samuel G. Huntington, submit the following report: The petitioners represent that their testator, in the months of May and June, 1814, entered into contracts with the Secretary of War, by which the said deceased bound himself to supply the troops of the United States with rations for one year, and that he performed the contracts on his part; but the Government being unable at the time to make him the advances agreed to be made in current funds, made them in Treasury notes, which were not current, and could not be converted into current funds without a sacrifice to the holder; and to secure the said Cheever against any loss which might arise from the inability of the Government to make the necessary and stipulated advances in funds current at the time, on the 16th of October, 1814, the Secretary of War authorized the said Cheever to borrow money to enable him to procure the requisite supplies, and to use the said Treasury notes in aid of his credit; that he did effect loans from time to time, on his personal liability, and on the security of said Treasury notes; that the Government having failed to furnish other funds to enable him to satisfy the obligations thus contracted, or pay the amounts due to him under the contracts, he was compelled to have said notes sold at a discount or loss, to enable him to fulfil his engagements. The petitioners further represent, that the loss sustained by the sale of the Treasury notes at a discount, occasioned by the failure of the Government to furnish current funds to redeem them, in the hands of the holders, where they had been used in aid of his credit, as recommended by the Secretary of the Treasury, was disallowed, and has never been paid; they therefore ask that the proper accounting officers of the Treasury may be directed by law to adjust, settle, and pay the amount of the said loss. By a reference to the Secretary of War, the committee have been furnished with a report from the Register of the Treasury, showing that between the 21st of October, 1814, and the 1st of March, 1815, (both days inclusive,) there was issued to the said William D. Cheever, Treasury notes to the amount of $770,000. They are also furnished with a copy of a letter from James Monroe, Secretary of War, to said Cheever, dated the 16th of October, 1814, in which, after directing "extensive deposites of provisions" to be made immediately, at various places, Mr. Monroe says: "The funds to meet the balance of your supplies for the present quarter must be remitted in Treasury notes; should they not become current, you must use them in aid of your credit, by borrowing the money, until other arrangements can be adopted by the Government." "The same measure must be taken in relation to the seventy thousand dollars in Treasury notes lately received by you. They cannot be disposed of by the Government but at par, and you will be allowed interest on the money borrowed, when the notes cannot be disposed of, and remaining in your possession." It appears by a letter from Mr. Graham, then performing the duties of Secretary of War, that on the 20th of March, 1815, a draft drawn by Cheever upon the Department, for $100,000, had been protested, because Mr. Dallas, the acting Secretary of War, had declined accepting the drafts of a contractor similarly situated; the same letter shows that, at the time: this draft was protested, there was due from the Government to Cheever about $200,000. On the 11th of May, in the same year, Mr. Graham writes to Mr. Cheever, enclosing a copy of a letter from Mr. Dallas to John W. Yates, cashier of the State Bank of New York, informing him that his draft would be lodged with the account, and paid as soon as there should be an appropriation, provided the balance due Cheever should be equal to the amount of the draft, "of which he presumed there could be no doubt." Mr. Dallas's letter bears the same date with Mr. Graham's, and informs Mr. Yates that the draft of Cheever on the Department of War for $350,000 is retained, "as there is no appropriation out of which it can be paid," and that the "amount of the draft will be paid, if it is left here [at the Department] for that purpose, whenever Congress shall make the necessary appropriation." From these letters, it is evident that the Government omitted to make provision for the payment of these large balances due Cheever, and that the Treasury notes which had been sent to him had been "used in aid of his credit," as directed by the Secretary of War-probably by hypothecation to the banks or individuals from whom the current funds had been obtained. On the 13th of May, 1815, Prime, Ward, & Sands, brokers, of the city of New York, by letter of that date, inform Mr. Cheever that the Mechanics' Bank, in which he had obtained a loan of $200,000 on a deposite of Treasury notes, had insisted upon the payment of one-half that amount; and that, not being able to obtain further time, they had paid $100,000 for him, and had received from the bank $105,000 of the Treasury notes deposited, part of which they had sold. This letter is accompanied by a copy of a letter from the cashier of the Bank to Prime, Ward, & Sands, demanding the payment mentioned in their letter. Thus it is evident that, unless Mr. Cheever had possessed means greatly beyond the ordinary extent of individual resources, to enable him to pay the money borrowed, under the direction of Mr. Monroe, upon the credit of the Treasury notes which had been for 藤 |