2d Session.

ELIZABETH MAGRUDER.

FEBRUARY 24, 1831.

Mr. YOUNG, from the Committee on Revolutionary Claims, made the fol

lowing REPORT:

The Committee on Revolutionary Claims, to whom was referred the resolution, instructing the committee "to inquire into the expediency of paying to Elizabeth Magruder the commutation pay which was due to her father, Reynold Hillary, as an officer in the revolutionary war," have had the same under consideration, and report as followeth:

It appears from the deposition of Captain David Cross, whose testimony is entitled to the fullest confidence, who was also in the service, and well acquainted with the said Lieutenant Hillary and his service, that the said Hillary entered the army of the revolution in the year 1776, and obtained a commission in the year 1777, as a lieutenant in the company commanded by Captain Joseph Gray, of the first regiment of infantry of Maryland troops, on the continental establishment, and served to the close of the war; and died on his way home, returning from his service at the south. Certificates from the pay rolls for pay and depreciation, confirm this statement of his rank and service, by showing that he received pay accordingly. The same is further confirmed by the fact, that bounty land for such service has been allowed at the War Department.

A certificate further shows, that it appears from the pay rolls that the commutation due to Lieutenant Hillary has not been paid.

The committee have therefore reported a bill, allowing the commutation to his said heir, with such interest as has been received by others, through the provisions made for funding and paying the domestic debt.

2d Session.

LIVE OAK.

FEBRUARY 26, 1831.

Mr. HOFFMAN, from the Committee on Naval Affairs, to which the subject had been referred, made the following

REPORT:

The Committee on Naval Affairs, to which was referred the letter of the Secretary of the Navy of January 7, 1831, in answer to the resolution of the House of December 16, 1830, respectfully report:

That they have had the same under consideration. In the investigation of the subject, they found it necessary to make the call for further information contained in the letter of their chairman to the Secretary of the Navy of February 1, 1831, and they refer to his reply of February 7, 1831.

By the resolution of the House, the Secretary of the Navy was required to furnish the information contained in his letter, and the papers sent with it. His letter of January 7, 1831, contains a statement of the authority under which the purchase of live oak lands at Pensacola has been made, and the construction adopted by the Department at different times in relation to the authority to make such purchases; the contracts for such lands; the conveyances therefor; the consideration money paid therefor; to whom, and when. On these points, the information afforded is specially referred to in the letter, and correcting, as the committee have done, by a note on the back of the papers, any erroneous reference to them. The letter makes details on the part of the committee unnecessary.

As respects the value of these lands, the information given is less satisfactory. Further examination is, in the opinion of the committee, necessary to decide on the fitness and value of these lands for the purposes of supplying live oak.

It is perfectly competent for the Executive to cause the fullest inquiry and examinations to be made of these and all other lands for live oak purposes, without further legislation on the part of Congress.

On the point whether these lands are of a quality, and so situated and timbered, as to make them a proper location for a live oak nursery, the information given is, in some respects, uncertain, and in some instances contradictory. The agents appointed by the late Secretary of the Navy, after full examination, decide against the location, as bad in soil, and not advantageous in timber.

Under these circumstances, before large sums are expended on this or any other location, the committee advise the most careful and satisfactory examinations, and. the final selections of those sites which combine the advantages of the sea breeze, proper soil, and a thrifty growth of young live

oaks, in situations as free as may be from the incursions and fires of fishermen and hunters, and where the timber may be secured against intruders to cut it for home consumption or export. The means in the power of the Department to make these examinations are abundant, and the disposition to do so most clearly expressed.

Some question has been made respecting the sufficiency of the conveyances for these lands, the title and claims to dower in them; and there may arise questions as to the trusts or purposes for which they are in the deeds stated to be purchased, and in whom the legal estate is vested. The committee would recommend in this as in every other case of a purchase of lands, that all the conveyances and title deeds be referred to the Attorney General for his opinion; and that the Secretary of the Navy obtain, as far as he may be able, from all persons, such further and other conveyances and assu rances as the Attorney General shall advise, to vest in the United States the legal and equitable estate in the said lands. Mr. White, by whom they have been conveyed, has expressed to the committee his readiness to make any further conveyance which the Attorney General shall advise, and there can be no doubt but that the late Seeretary will cheerfully do the same. At present, therefore, it is supposed no legislation is necessary on this point. The most material part of the subject is that which relates to the quantity of live oak, and the preservation of it for naval purposes.

The powers of the Executive over these subjects are declared in the "act making reservation of certain public lands to supply timber for naval pur poses," of March 1, 1817, (vol. 6, p. 174,) and the "act to amend an act making reservation of certain public lands for naval purposes, passed the 1st of March, 1817," of May 15, 1820, (vol. 6, p. 542,) and the "act for the gradual improvement of the Navy of the United States," of March 3, 1827, (vol. 7, p. 603.)

The penalties provided for the preservation of live oak and cedar timber by the act of March 1, 1817, appear to be sufficient as to all lands to which they extend; but doubts may be raised as to their application to the lands subsequently acquired by the United States, which would include the whole coast of Florida. To remove these doubts, the committee report a bill extending these penalties to injuries to the timber on any lands acquired or to be acquired for naval purposes.

The means provided for reserving proper portions of the public lands for the preservation and growth of live oak appear to be adequate, and no legislation on this subject is necessary.

In the letter of the Secretary of the Navy to the chairman of the committee, of February 7, 1831, is a statement of the reservations made, and the measures pursued and pursuing to ascertain the quantity of live oak, and for the preservation thereof. This letter refers to many of the papers containing the information in detail. Two of these, E and H, specifying the localities of the timber, the committee have returned to the Department, considering the letter as sufficiently particular on this part of the subject.

In that letter the Secretary of the Navy states that "the preservation of the forests of young live oak, in common with other trees of larger growth, has been recommended to Congress as an object to be prosecuted with an active and undeviating purpose, and to this object the Department feels itself bound to devote the most unremitting attention."

The means to effect these purposes are deemed sufficient, and though there may be no necessity for growing the oak from the acorns at this time,

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the committee are of opinion that the examinations of the public and other lands, to ascertain the quantity and quality of the live oak, should be prosecuted with increased industry and adequate force. Extensive locations and reservations should be made with all possible despatch, and the most efficient means should be adopted to preserve the live oak on all such lands, and to encourage and facilitate the growth of the young live oaks.

NAVY DEPARTMENT,

7th January, 1831.

SIR: I have the honor, in compliance with the resolution of the House of Representatives of the 16th of December, 1830, to transmit the following report. The documents accompanying it afford all the information in the possession of the Department, or within its control, called for, and tending to explain the subjects embraced in the resolution.

The papers in the file marked A, and numbered from 1 to 21 inclusive, are copies of the correspondence between the Department and the superintendent and overseer of the live oak plantation near Pensacola, in Florida, required by the first branch of the resolution of the House of Representatives, above referred to.

By an extract, marked B, from a report of the Secretary of the Navy to the President of the United States, dated December 1, 1827, it appears that the purchase of land having timber on it was one of the purposes to which he intended to apply the appropriation granted in March, 1827, for the gradual improvement of the Navy.

Paper marked C is a copy of a letter from the Hon. Joseph M. White, Delegate from Florida, dated January 29, 1828, offering to sell eight hundred arpents of land on Santa Rosa sound to the Secretary of the Navy, for the consideration of one thousand eight hundred dollars, and proposing to purchase four hundred arpents adjoining, and transfer it to the Secretary upon

the same terms.

D is a copy of an agreement between Samuel L. Southard, Secretary of the Navy, and Joseph M. White, dated 29th January, 1828, in which the latter contracts to use his exertions to procure and make a title to the United States to one thousand two hundred arpents of land on Santa Rosa sound for two thousand seven hundred dollars, eight hundred of which were to be paid on that day, and if any thing should obstruct the execution of the contract, then the eight hundred dollars were to be considered in full for the live oak on eight hundred arpents of land then owned by him, which was to be considered as purchased from that date; but in case the contract was consummated, this was to be a part of the consideration for the land.

E is a copy of a deed from Joseph M. White to the Secretary of the Navy for one thousand two hundred arpents of land, dated March 10, 1828, for a consideration of fifteen hundred dollars. F is a copy of a deed from Henry M. Breckenridge, dated 14th March, 1825, conveying to said Joseph M. White, for a consideration of four hundred and seventy-two dollars, one undivided half of a tract of land containing eight hundred arpents, confirmed to the said Breckenridge by the United States' Land Commissioners.

G is a copy of a deed, dated 28th of January, 1828, from Henry M. Breckenridge to Joseph M. White, for a consideration of five hundred dol