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2d Session.

JOSEPH C. BELT AND GEORGE STOCKTON.

JANUARY 3, 1831.

Read, and committed to the Committee of the Whole Ilouse to which is committed the bik (H. R. No. 245) for the relief of John Sapp.

Mr. WILLIAMS, from the Committee of Claims, made the following

REPORT:

The Committee of Claims, to whom were referred the petitions of Joseph C. Belt and George Stockton, report.

Joseph C. Belt states that he was a captain in the 28th regiment of United States' infantry during the late war with Great Britain. When the army was at Bass island, in lake Erie, General Harrison, with a view to invade Canada, on the 26th September, 1813, issued an order directing the officers and soldiers of the regular army to leave their baggage of every kind. kind. At the same time an assurance was given, that, as soon as a landing was effected, the baggage should be transported from Bass island to the army. The schooner Chippewa was despatched, after the landing of the army, for the baggage, and on the return voyage was blown off in a gale of wind, and driven to the lower end of the lake, where she was stranded near Black Rock, During this time the greater part of the baggage, including the petitioner's, was thrown overboard and totally lost. A small portion of it, however, as he has since been informed, was recovered, and stored away at Black Rock, which was taken by the British a few days thereafter. In consequence of this loss, either by the storm, or by the capture of Black Rock by the enemy, the petitioner asks to be remunerated. He exhibits an account against the Uni ed States as follows, to wit: eleven Irish linen shirts, made of the finest linen, and ruffled, $118 25; one full dress uniform coat, trimmed with silver lace, $65; one ditto, without silver lace, $50; one undress frock, blue cloth, $50; two pair blue cassimere pantaloons, full trimmed, $40; two pair ditto, cotton ditto, janes, $22 50; two blue cassimere vests, $28; two ditto, flannel, and two pair drawers or slips, $15; twelve white cravats, $12; two black silk cravats, $4; three silk pocket handkerchiefs, $6; one black leather stock, $2; eight pair of cotton and yarn stockings, $S; one pair of boots, $10; two pair of shoes, $7; one cap and plate, engraved Infantry Regiment, $20; one dress epaulette, $50; one fine parade sword, $75; one portable cot frame, te use as seats in the camp, 88; two portable mess boxes, $24; two pair country linen sheets, $12; one barrel of whiskey, bought at Bass island, $33;

cash paid for cooking utensils, table furniture, tea, coffee, sugar, pepper, allspice, &c., at least $50; two pair large blankets, and one yarn coverlet, $50; one case razors, containing four razors, and hone, and strop, $8; amounting in the aggregate to $836 75.

The petitioner, George Stockton, exhibits a similar list of charges against the United States, to the amount of $1,017 20. He states that some of his baggage was thrown overboard in the storm, and another portion of it stored at Black Rock, and lost in consequence of that place being captured by the British. It appears from the testimony of John Mason, jr., that only the mess boxes and barrels of whiskey of the claimants were thrown overboard. Their clothing, which was the most valuable part of the baggage, was cap tured by the enemy at Black Rock.

From the foregoing facts, the loss for which the petitioners seek redress was occasioned first by the storm, and second by the act of the enemy. In neither case can relief be granted. Government has never undertaken to indemnify accidents of the kind. In the case of Commodore Barney's flotillamen, decided at the session of the Congress, and of Captain

Giles Kellog, decided at the 1st session of the 15th Congress, the principle is laid down, that, for the loss of clothes captured by the enemy, no remuneration will be made. The control which, it is alleged, General Harrison exercised over the baggage, cannot, in the opinion of the committee, vary the principle; for it was just such control as was incident to, and inseparable from, the service in which the officers were engaged. The commanding General was bound to make such disposition of the officers themselves, or of their baggage, as would conduce to the fulfilment of his other duties. Had the officers been killed in battle, or their baggage taken, it would have been regarded as an accident not devolving liability on Government, but a risk which the individuals themselves must have consented to incur.

But if the claim was admissible in other respects, the evidence adduced to support it is not such as has been required. The order from General Harrison directing the baggage to be left at Bass island should be produced, or a satisfactory reason shown for its absence. The following resolution is therefore submitted:

Resolved, That the prayer of the petitioners ought not to be granted.

2d Session.

JONATHAN CROCKER.

JANUARY 4, 1831.

Read, and, with the bill, committed to a Committee of the Whole House to-morrow.

Mr. CHILTON, from the Committee on Military Pensions, to which was referred the bill from the Senate (No. 42) for the relief of Jonathan Crocker, made the following

REPORT:

Jonathan Crocker entered service in October, 1781, in Captain Pillsbury's company, Colonel Smith's regiment, Massachusetts line; served till November, 1784, and was discharged at West Point; was placed on the pension list under act of March 18, 1818; was stricken off, not having rendered his schedule, in March, 1829; made his declaration and schedule, and prayed to be restored to the pension list, because of his reduced circumstances and poverty, &c., &c.: whole amount of property in his schedule $112.

On 14th October, 1830, the said Jonathan Crocker made his affidavit, stating his poverty, and alleging that most of the property mentioned in his schedule of March, 1829, was expended, and that he was supported by the charitable aid of his relatives.

The deposition of Wheeler Watson, and that of Daniel Cartwright, fully support the declaration of Crocker, relative to his poverty and destitute cir

cumstances.

The committee report a bill for the relief of petitioner.

2d Session.

THOMAS WORTHINGTON-EXECUTORS OF.

JANUARY 5, 1831.

Mr. FOSTER, from the Committee on the Judiciary, made the following REPORT:

The Committee on the Judiciary, to whom was referred the petition of Eleanor Worthington, executrix, and James T. Worthington, execu tor, of Thomas Worthington, deceased, beg leave to report:

That, from the papers submitted to your committee, it appears that, in the year 1800, one Samuel Finley was appointed Receiver of Public Moneys at Chillicothe, in the then Northwestern Territory, now State of Ohio; and that the said Thomas Worthington, and two other persons, were the sureties of said Finley to the Government. In the year i819, on closing the account of Mr. Finley at the Treasury, there was a balance ascertained to be due by him of $22,278 74, for which suit was instituted, and judgment confessed. Previous to this confession of judgment, however, Mr. Worthington, at the instance of Mr. Finley, wrote to the Secretary of the Treasury, asking indulgence, by his (Finley's) securing the amount due. In his letter to the Treasury Department, dated June 16th, 1819, Mr. Worthington says, "I would only ask that his (Finley's) account should be immediately closed, and that the balance against him be fully secured, and time given to sell the property to the best advantage." He, in the same letter, tenders to the Government his services in making the proposed arrangements. Accordingly, in September thereafter, the Comptroller of the Treasury, under the direction of the Secretary, instructed Gov. Worthington to take a deed of trust from Mr. Finley, and requested him to act as trustee. This letter was received by Gov. Worthington while the United States district court was in session. For the purpose of having the necessary deeds made out and executed with the greater correctness, and without delay, he immediately applied to the United States District Attorney, and submitted the instructions received. The Attorney advised that, instead of executing a dead of trust, there should be a confession of judgment, with stay of execution for one year. This course was agreed to by Mr. Finley, and the judgment confessed. At that time Mr. Finley was possessed of property to a much larger amount than the debt owing to the United States; and there is litte doubt that the debt would have been secured, if the course advised by Gov. Worthington, and directed by the Treasury Department, had been pursued: but, before the termination of the year for which the stay of execution had been granted, other creditors of Mr. Finley had prevailed on

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