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tablishment of the projected road, and promised to represent to his Government his views of its importance, which he said he could strikingly set forth in the fact, that the trade from Missouri already yielded an annual revenne of twenty thousand dollars, besides many other great advantages.

Notwithstanding these flattering hopes and promises, no order was received from Mexico on the subject of the road, until the 16th June, 1826, when Mr. Sibley received a note from Mr. Poinsett, informing him., that, on the 13th of May, he had obtained from the President of the Mexican States, an order to the Governor of the Territory of New Mexico, “to permit Mr. Sibley, Commissioner of the United States, to make an examination of the western part of the road from Santa Fé, to Missouri, without marking or cutting it out, or establishing any works of any class;' and on the same day, Mr. Sibley received an official notification to the same effect from Governor Narbona.

Although this permission fell very far short of what might have been reasonably expected, and could not indeed have been deemed sufficient to warrant thc Commissioners in accepting it, without further instructions, if it had been communicated and received otherwise than it was; yet, from the knowledge Mr. Sibley possessed of the country through which “ the Western part of the road” must pass, he did not entertain a moment's Edoubt as to the propriety of its being accepted and acted on by the Commis

sioners, all the circumstances being duly considered. - The following extract of a letter from Mr. Sibley to Mr. Poinsett, dated

« Valley of Taus, in New Mexico, June 19, 1826,” will sufficiently illustrate his views (and those of all the Commissioners) on this subject. “ This very restricted permission would avail the Commissioners but little indeed, if it were not for the fact, that there is no 6 marking" or "cutting out” or any “works” necessary, or indeed practicable to be done on any part of the Road within the Mexican Territory. From the crossing of the Arkansas to this valley, and to Santa Fé, the road will not pass over timbered land exceeding one mile in the whole, and that is so scattered and open, that it can be passed without the least difficulty with carriages, with no other labor han removing a few logs, poles, &c.; and as it will be labor and time lost o attempt to “6 mark out” the road by any artificial means that the Commissioners can devise and effect, we shall probably no otherwise mark it, than sy furnishing a chart of the roule, founded upon an accurato examination and survey, upon which will be noted, with great care, all the prominent land marks already set up by the hand of nature, which are numerous, and now serve as admirable guides to the traveller. Any artificial hillocks or mounds thrown up, unless of much greater magnitude than our limited means will justify, would be destroyed in a very short time, by the immense herds of buffaloes that are continully passing to and fro over the plains; and what they might be unable to destroy, would assuredly be levelled by the roving bands of Indians, who are always sufficiently inclined to commit wanton mischief. I have no objection, then, myself, and I presume the other Commissioners will have none, to proceed with the "examination" as permitted; inasmuch as we can effect every thing under that permission that we could do if it were as ample as our Government wished and expected. It is certain that, if the Commissioners shall determine to proceed as above suggested, their report of the road will be such as to inake it entirely unnecessary for the Government of the United States ever to take any further order or interest in the matter. I have deemed it proper for me to communicate to you these facts for your information.”

Meanwhile, the Commissioners, who had returned to Missouri, ficially advised that no arrangement was likely soon to be made bet two governments for the continuation of the road through the Mexi ritory; and they consequently determined not to join Mr. Sibley Mexico, but wrote him by the Spring caravan, on the 19th of May. to urge his immediate return home. This communication was rezi Mr. S. on ihe 1st day of August, who immediately made such prepa as were necessary for his return, determining to make a complete and examination of the route from San Fernando, in Taus, to the bo line, and connect it with the survey recently made from Fort Usage same point.

Mr. Sibley adopted this course without the least hesitation, because authorized by the Mexican government, would be attended with little additional expense, and would, in effect, enable the Commissioners to plete the whole road from Missouri to Taus, as perfectly as it could or under any arrangement, however formal, that the two governments ever enter into on the subject. He accordingly commenced a survey Fernando, on the 24th of August, ran it through the Mexican tert and, on the 16th of September, connected it with the former survey line, on the Arkansas river. On the journey from the boundary line" Osage, Mr. Sibley made some necessary corrections of the first surve had not time, or indeed the means, to mark out the road," or, in, complete all the necessary alterations in the survey of the first one nu and sixty miles from Fort Osage, which, as has been already sidley passed over at first, under circumstances that made a satisfactory su it impossible.

Mr. Sibley went out in May last, with a small party, to a mentioned corrections of the survey, and to “mark out mounds, so much of the road as extends from the Western boung souri, to the Buffalo Range, beyond which, it was entirely used any expense in setting up marks. This last object was effecten tisfactory manner, (no: withstanding the journey was extremely and was completely finished early in July.

The Commissioners had the honor, on the 10th of Januar mit to the President the opinion (which they still entertain, and here to report) that it is unnecessary for the Government States to do any thing further in relation to that section of the been surveyed through the Mexican territory. Even if it we! to "mark out” that portion of the road, by permanent art they would deem it a very useless expense of money and lab already given in another part of this report.

In the belief, therefore, that they have effected all the object the act of Congress, under the authority of which they were a Commissioners report.

That they have surveyed, located, and marked out, a road ern frontier of Missouri to the confines of New Mexico, ang the frontier settlements of New Mexico. That they have upon the best practicable route that exists; and that the who marked out by natural and artificial conspicuous objects, an the numerous caravans that have passed on it, to prevent least difficulty in the commercial intercourse between the the United States and New Mexico, Sonora, and Chihuana

fark out," by suitai estern boundary of Y

the 10th of January last, to se

entertain, and begle

vernment of the ľn section of the road that Even if it were practie rmanent artificial wor hey and labor, for the re

Il the objects proposed

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ut, a road from the W Xico, and from thence y hare located the

the whole is suffest! "jects, and by the weke

prevent in future art! ween the Western parts a

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CONGRESS

BENJAMIN PENDLETON.

May 31, 1830.

Mr. CAMPBELL P. WHITE, from the Committee on Naval Affairs, made the

following

REPORT: The Committee on Naval Affairs, to which was referred the petition of

Benjamin Pendleton, of Stonington, Connecticut, beg leave most respectfully to report:

That the petitioner represents that, in the month of November, 1828, being at New York with the brig Seraph, of Stonington, then having a cargo on board on freight for Malaga, he was applied to by Mr. J. N. Reynolds, as agent for the Navy Department, and requested by him to accept an appointment in the exploring expedition at that time preparing for the Pacific Ocean and South Sea, and also to dispose of his said vessel to Government for that expedition: that petitioner stated to said agent his vessel was chartered for the voyage already mentioned, and that, of course, he must conform to the agreement to which he was a party; but he was earnestly solicited by Mr. Reynolds to delay proceeding on the contemplated voyage until the pleasure of the Department could be known on the subject: that, soon afterwards, the petitioner received a letter from the Secretary of the Navy, communicating to him the determination of the Department, with the approbation of the President of the United States, that he would receive the vessel at such price as might be fixed upon by Mr. Hart, the Naval Constructor at Brooklyn, and Mr. Henry Eckford, of New York, provided these gentlemen should deem her well fitted for the expedition; and expressing, at the same time, distinctly, to the owner, that, should the purchase not be sanctioned by Congress, the vessel would be restored unimpaired. The Secretary, without any solicitation on his part, tendered to him the appointment of pilot for the expedition, with the compensation of a Lieutenant in the Navy. That, after the said proposition and appointment had been accepted, the Collector of the port of New York declined to grant a permit to reland the cargo without a special order from the Secretary of the Treasury; "and the owners of the cargo refused to release the vessel from the contract to carry the same unless a sum little short of $3,000 should be paid to them in consideration therefor. This information was duly communicated to the Secretary of the Navy, and, in the mean time, the petitioner was requested by the agent to make the necessary advance of the amount, in order to absolve the said vessel from the engagement. That, subsequently, an order was received by the Collector from the Secretary of the Treasury, to permit the relanding of the cargo, which having been accom

plished, the vessel was delivered over to Commodore Chauncey, pursua to orde:3 received by that officer from the Department. The vessel remai ed at the Navy Yard at Brooklyn, in possession of the authoritis there until the 230 March, 1829, when she was returned to the owners, bs un or der from the present Secretary of the Navy.

The committee, having given the subject the most deliberate examination have arrived at the conclusion, that, although, in the inception of the ar. rangement with the petitioner, there was no agreement to indemnify him for his expenditures for the purposes of the expedition, yet, in the progress of the negotiation, your committee have reason to believe that such obliga. tion may be reasonably inferred from the fact of its being brought and as a specific charge against the Government, and not obiected to be the cer then at the head of the Navy Department. Under these circumstances, your committee are disposed to believe that it will be just and equitable b indemnify the petitioner for the actual expenses incurred by him in prepar ing for the contemplated voyage, for the demurrage of his vessel, and for his pay as a Lieutenant in the Navy, and accordingly report a bill to the effect.

CONGRESS

THOMAS F. HUNT.

May 29, 1830.
Read, and laid upon the table.

Mr. MCINTIRE, from the Committee of Claims, to which was referred the

case of Thomas F. Hunt, made the following

REPORT:

The Committee of Claims, to whom was referred the petition of Tho

mas F. Hunt, report:

That the petitioner being an officer in the line of the army on the 1st of April, 1818, commenced discharging the duties of the Quartermaster's Department at New Orleans, and on the 16th June following, he was regularly appointed an officer of that department, and discharged the duties thereof until February, 1826. . Having failed to settle his accounts, he was relieved from his duties in the Quartermaster's Department, as he says, at his own request. On settlement of his accounts at the proper department, many of his claims were disallowed, and a balance was finally found against iim of 5,142 93, in September, 1827. He alleges that thereupon, he olicited a suit against him, that his accounts might be settled by a jury, nd a suit was commenced against him in November, 1827, in the District Court of Louisiana, which terminated by a verdict in his favor at the folnwing May term of said court; and the jury certified a balance due him rom the United States of $10,340 83. His accounts were accordingly alanced at the Department, and he now asks to be paid the balance which he jury certified was, in their opinion, due to him. As his accounts were alanced at the Department, by passing to his credit the sum before found gainst him, without applying it to any specific charges made by the petitioner,

has left open his whole claim against the United States, and disallowed y the accounting officers. The United States claimed of him $5,142 93, nd he filed in set-off disallowed charges to the amount of $16,275 82. 'he committee has not deemed it necessary to go into a rigid examinaon of the justice of every item charged in his set-off, because, if he does ot establish the justice of disallowed items beyond the sum of $5,142 93, e is not entitled to relief.

The first charge made by the petitioner, and disallowed by the accountg officers, which the committee will notice, is the sum of $1,307 14,

commissions of two and a half per cent. for disbursements in the uartermaster's Department; but, as he alleges, not within the range of his

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