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ADAM PECK,

JANUARY 10, 1831.

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

REPORT:

The Committee of Claims, to whom was referred the petition of Adam Peck, report:

That the petitioner was a recruiting officer during the late war, and was reported as a defaulter. It appears that he rendered his accounts, and supposed they were settled for a term of many years, when he was informed there appeared to be a balance against him, which was reported for suit. By great exertions he was enabled to reduce the balance to $286 59, and subsequently to $229 82, by the admission to his credit of a claim for a soldier's pay, which he was entitled to receive as administrator. This reduction has been made subsequently to the time of presenting his petition. It appears from the testimony of Captain John A. Rogers, and that of Sergeant Allen Hill, that the petitioner was taken prisoner at the capture of fort Niagara; and they say they have reason to believe, and do believe, that he lost his vouchers at that time. He stands charged with $120 70, money advanced to him by Robert S. Gardner, while a prisoner of war. This amount, he says, was accounted for with Paymaster Spencer, after he returned from captivity. The accounts of Mr. Spencer have been examined for the purpose of ascertaining the accuracy of Mr. Peck's statement in this particular, but, as all of his accounts have not been returned to the Third Auditor's office, nothing satisfactory has been obtained. Other Paymasters' accounts have been examined to ascertain whether Mr. Peck might not have been mistaken as to the name of the person of whom he received his last payment, but no payment is found to have been made to him on such acaccounts. The committee think the account should be settled on the prin ciplesof justice and equity; and that, if Mr. Peck shall be enabled to satisfy the accounting officers of the Treasury that nothing was due from him to the United States before he was credited with the amount due to him as administrator of a deceased soldier, the sum so credited should be refunded, and that the amount allowed to him on his individual account should stop interest on that amount of the debt; or, if judgment is rendered, and interest has been computed and included in the judgment, that interest should be computed on the amount thus allowed; and if a sum shall be allowed equal to the debt, after deducting the amount credited to him as administrator as aforesaid, and judgment has been rendered, that the judgment be discharged on paying the costs. The committee report a bill.

2d Session.

THOMAS PARK.

JANUARY 10, 1831.

Mr. WINGATE, from the Committee on Revolutionary Claims, made the

following REPORT:

The Committee on Revolutionary Claims, to which was referred the petition of Thomas Park, report:

That the petition and documents relating to this case were referred to the Committee on Revolutionary Claims of the first session of the present Congress; and, on the 12th day of January, 1830, a favorable report thereon was made, stating all the material facts in the case; which report your committee now concur in, and ask that the same may be taken and considered as a part of this report; and, in conformity thereto, herewith submit a bill for the relief of the petitioner.

JANUARY 12, 1830.

The Committee on Revolutionary Claims, to which was referred the case of Thomas Park, submits the following report:

The petitioner states that he was, during the revolutionary war, an inhabitant of Groton, in the State of Connecticut, and was, during almost the whole of that war, employed in the service of his country as captain of the privateer called Prudence, under the commission and orders of Governor Trumbull: that, in 1782, he found and took up, off the coast near Gardner's bay, a quantity of sails and rigging, belonging to the British vessel of war Bedford, which had been thrown overboard in a gale, by which means they became his property: that he sold the said sails and rigging to Captain Harding, who commanded the continental vessel called Confederacy, as an agent for the Government, and for national benefit, for eight hundred dollars, for which Captain Harding gave a receipt, and promised to procure the money from the Government, and pay it over; but he never paid for the sails and rigging, nor did the petitioner ever receive any payment therefor: that, in September of the same year, a parcel of tories made an incursion into Groton, broke into the house of the petitioner at night, plundered the house of about $500 in silver, a quantity of clothing, and other valuable articles, and all his papers, including the aforesaid receipt, given to him by Captain

Harding. The petitioner further states, that, "although he always felt and believed that he had an equitable claim upon the justice of his country for the property thus sold, and has never suffered himself for a moment to suppose that an appeal to that justice would be made in vain, he has hitherto been unwilling to make that appeal so long as his health and situation in life enabled him to keep beyond the reach of penury and want; but, now that age, with its infirmities, presses heavily upon him, without property or the means of procuring those conveniences, or even necessaries, essentially requisite to make the remnant of his days even tolerable, he is constrained to ask of his country compensation and relief."

This petition is sustained by the oath of the petitioner, administered in due form of law, and also by Hugh E. Fieddes, a powder-boy, and Thomas Eldredge, a gunner, on board of the privateer Prudence, while Capt. Park commanded her. They both testify particularly to all the principal facts stated in the petition; and the facts of the robbery of the house, and carrying off the money and papers, are also testified to, in detail, by Hannah Tozer, wife of Col. Julius Tozer, of Athens, Bradford county, Pennsylvania. To all which is added the affidavit of several witnesses, that the facts stated by the petitioner, respecting himself being now a cripple, his wife helpless, and both destitute of all the means of subsistence, are correct and

true.

In addition to the above, there are on file with the papers in this case the letters of the Hon. Mr. MAXWELL and E. DANA, Esq., bearing ample testimony to the fair and unblemished character of the petitioner and of the witnesses, and also expressing their full belief in the truth of the facts set forth in the petition, and the correctness of the reasons assigned why the petitioner has thus long delayed his application for relief.

All which the committee respectfully submit, with a bill for the relief of the petitioner.

مة

2d Session.

PAY OF MEMBERS OF CONGRESS.

JANUARY 10, 1831.

Mr. HALL, from the Committee on Public Expenditures, to which the subject had been referred, made the following

REPORT:

The Committee on Public Expenditures, having had under consideration a resolution of the House relative to the establishment of some rule in regard to deducting the pay of the members, at the rate of the per diem pay, for every day any member or delegate may have absented himself from the House, unless by order of the House or in consequence of sickness, report:

That the Committee of Accounts of each House of Congress already have this subject in charge. The committee, not being aware that more is necessary than some amendment of the rules of each House, by which it shall be made more specifically the duty, either of the Committee of Accounts, or of some officer of each House, to attend to this particular subject, have thought proper to report, for the consideration of the House, the accompanying joint resolution.

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