it should be early reported, in order that it may stand a chance of going to the other House in season to obtain the action of that body. It has passed the Senate three or four times, having received the unanimous sanction of the Committee on Commerce from the first examination of the subject in 1838. Let me refer you to Governor Davis's report on the subject, with accompanying documents-being Doc. No. 204, 2d session 25th Congress. The late chairman, Mr. King, has advocated it. I presume it will find no opposition. You will perceive that the bill which passed the two last sessions appropriates $7,500 for Miller, and $2,500 for others, instead of the $10,000 for Miller alone. This was a sort of compromise, assented to by Miller and others, to avoid collision and delay, though, in point of fact, Miller has the sole claim. I hope no modification more unfavorable to Major Miller will be consented to on any account. Governor Davis, just before he resigned his seat, said to me that he felt a deep interest in this claim of Major Miller, and regretted that any compromise (referred to above) had been assented to. He said that Miller was shown to be a very deserving man, and ought not divide with any one. He yielded to it only because Miller himself assented; and that, he thought, was hardly a sufficient reason. He spoke with some feeling about it. I will not trouble you further now than to ask the favor of your making as early a report of a bill as practicable, if the committee see no objection. If there should be any thing that may require explanation before the Senate act upon it, I will thank you to apprize me of it. Wishing you, my dear sir, a pleasant, useful, and harmonious session, I remain, very respectfully and faithfully, your obedient servant, Hon. JABEZ W. HUNTINGTON, Senator, United States. JOHN RUGGLES. P. S. The bill referred to has twice or three times received the favorable consideration of the House committee, but it has never been reached by the House. No. 9. I, John Studley, of Lincolnville, in the county of Waldo, and State of Maine, of lawful age, do testify and say: That, in the fall of 1814, the British sloop Mary was captured by Noah Miller and others, and hove to in Penobscot bay, near where I lived, about seven miles from Camden.— Miller came on shore, and got Major Philip Ulmer to go on board and take charge of her and carry her into Camden, he being a revenue officer; which was effected the same day, and her cargo discharged. And I further say, Christina Stevens, Susan Buckmer, and Grace White, are children and lawful heirs of the said Philip Ulmer. WALDO, SS: JOHN STUDLEY. Then the above-named deponent personally appeared, and made oath to the foregoing deposition, by him subscribed, to be true. NOVEMBER 30, 1838. Before me, DAVID MCKOY, J. P. No. 10. I, Jacob S. Adams, of lawful age, do testify and say: That, in the fall of 1814, I resided at Lincolnville, in the county of Waldo, and State of Maine. I was at the shore at the time, and saw Major Philip Ulmer, together with Major Noah Miller, go on board the British sloop Mary, then lying in the bay. The report was, that they were going with him to Camden. I then went immediately to Camden by land, and met the sloop there. Major Philip Ulmer was on board said sloop, and appeared to have the command of her, and appeared to take an active part and oe principal in unlading. her and securing the goods. And I further say, that Christina Stevens, Susan Buckmer, and Grace White, are children and lawful heirs of said Major Philip Ulmer, deceased. JACOB S. ADAMS. WALDO, SS. Then the above-named deponent personally appeared, and made oath to the foregoing deposition, by him subscribed, to be true. DECEMBER 1, 1838. No. 11. DAVID MCKOY, J. P. LINCOLNVILLE, December 5, 1843. DEAR SIR: The circumstances concerning the claims of the heirs of Major Philip Ulner, late of Lincolnville, I will briefly relate: In the fall of 1814, Noah Miller, with three or four others,boarded a British sloop, with a valuable cargo on board, in Penobscot bay, about five or six miles from the British fleet, then lying at Castine. After securing the crew. Miller left the prize in charge of his men, and went on shore to procure the assistance of Major Ulmer, then a shipmaster and pilot, who immediately went on board, took charge of the prize, and, at the imminent risk of being retaken by the British, carried her into Camden, where the cargo was taken out, sent to Portiand, and sold, Government taking a large proportion, (which has since been proved does not belong to it,) the rest being divided among the crew. Major Ulmer receiving an equal share for his important services; and, sir, what we petition for is, that his heirs may receive a share of that which was awarded to Government, With great esteem, I am yours, &c., PAUL H. STEVENS. Hon. GEORGE EVANS. P. S. Should you, sir, use your influence with the other members, you will secure our warmest gratitude. No. 12. P. H. S. I hereby certify, that I have been personally acquainted with Major Noah Miller, of Lincolnville, in the State of Maine, since June, 1821. At the time of my first acquaintance he was affected with paralysis of the inferior extremities, to such a degree as to render them entirely useless. His general health was very much impaired, and his difficulties gradually increasing for ten or twelve years, during a considerable part of which time he was perfectly helpless, and his life despaired of. He has recovered so far as to be able, by the assistance of crutches, to support the weight of his body and move a short distance; and his general health has within a year or two somewhat improved. He is still, however, unable to walk without assistance. During his protracted illness, I have been frequently consulted, affording ample opportunity to learn his real condition. When I first saw him, he informed me that he had been in his present condition for some five or six years, it having introduced itself instantaneously. He shows a scar in his right hand, from a wound which has nearly deprived him of its use, which (I have been informed by the surgeon who attended it) was received during the last war, while endeavoring to prevent a man from conveying supplies to the enemy at Castine. J. P. ALDEN, M. D. STATE OF MAINE, Waldo, ss: NOVEMBER 24, 1837. STATE OF MAINE, Waldo, ss: I, Nathaniel M. Lowney, clerk of the courts for said county certify that Joseph Miller is a magistrate for said county, and that the foregoing signature, purporting to be his, is genuine. I further certify that the withinnamed J. P. Alden is well known to me: that he is a man of truth, and that his declarations on oath are entitled to credit. In testimony whereof, I have hereunto affixed the seal of the supreme judicial court of said State, and subscribed my name, this twenty [L. S. fourth day of November, A. D., 1837. N. M. LOWNEY, No. 13. UNITED STATES OF AMERICA. DISTRICT OF Maine, ss: To the Hon. David Sewall, esq., Judge of the District Court of the United States in and for Maine District : Be it remembered, that William P. Preble, attorney for the United States in and for Maine district, in his proper person, comes before the said judge, and as well in behalf of said States as of Josiah Hook, esq., collector of the district of Penobscot, and of all others whom it may concern, libels, propounds, and gives the said Judge to understand and be informed, that Rep.-2 since the declaration of war between the United States of America and the United Kingdom of Great Britain and Ireland, and during the continuance of the same, (to wit, on the first day of November instant,) the said Hook, by virtue of his commission as collector aforesaid, did, in and with a revenue boat of said States, and with the assistance of Noah Miller, an inspector of the customs for said district of Penobscot, acting under and by the order of said Hook, subdue, seize, capture, and take the vessel or sloop called the Mary, whereof Benjamin Darling or Dalling was master, and her cargo on board said vessel, and afterwards, on the same day, did bring the said vessel and cargo into the port of Camden, in said district of Maine, where she now lies, for adjudication. And the said attorney further propounds and says, that, at the time of said capture and seizure, the said vessel, her tackle, apparel, and furniture, and her cargo, did belong to the King of said United Kingdom, or to some subject or subjects thereof, and as such, or otherwise, liable to capture in manner aforesaid, and to be condemned or confiscated to said States; all which is public and notorious, of which due proof being made, the said vessel, her tackle, apparel, and furniture, and her cargo, ought to be decreed and adjudged forfeit to the use of said States. Wherefore, the said attorney prays the advisement of this court here in the premises, and that due process and monition may be had in this behalf, according to the course of admiralty proceedings in such cases; and that the said vessel, her tackle, apparel, and furniture, and her cargo aforesaid, may, by the definitive sentence of this court, be adjudged and decreed forfeit and confiscated to said States, and the proceeds thereof be disposed of according to law. Dated this 17th day of November, A. D. 1814. W. P. PREBLE, U. S. Attorney, Maine District, and proctor to J. Hook. UNITED STATES, MAINE DISTRICT, SS: DISTRICT COURT, CLERK'S OFFICE, August 17, 1837. In testimony that the foregoing is truly copied from the original on file in this office, I have hereto set my hand, and affixed the seal of the district court, the day and year above written. JOHN MUSSEY, L. s.] No. 14. Clerk United States Courts. DISTRICT OF MAINE, SS: The President of the United States of America to the Marshal of our District of Maine, or his deputy, greeting: [L. S.] Whereas, by the sentence of our judge of our district court, begun and holden at Portland, within and for our district of Maine, on the first Tuesday of December, 1814, a decree of condemnation was obtained by the United States against the sloop Mary and cargo, except three trunks of goods and articles, marked X No. 378, No. 379, and No. 380, captured and seized by the collector of Penobscot, as to us appears of record, whereof execution remains to be done: We command you, therefore, that you cause the said sloop Mary and cargo, except as aforesaid, to be sold at public auction to the highest bidder, at Portland, within our said district, after first giving public notice of the time and place of such sale, as our law directs. And the monies arising from said sale, after deducting twelve hundred and six-y-four dollars fifty-eight cents, the costs of prosecution, and one dollar for this precept, together with your own proper fees and charges, you will dispose of as follows, viz: one moiety to be paid into the treasury of the United States, and the other noiety to the collector of the district of Penobscot, for the uses prescribed by our law in such cases made and provided; and make return of this writ, with your doings herein, into our said court, to be holden at Wiscasset the last Tuesday of February next. Witness David Sewell, esq., at Portland, the fifteenth day of December, in the year of our Lord one thousand eight hundred and fourteen. H. SEWALL, Clerk. N. B. The return of the doings on this writ is annexed by seals. Attest: MAINE, SS: Pursuant to the annexed warrant of sale, I advertised the time and place of sale of the sloop Mary and cargo, according to law, in the Portland, Boston, and New York newspapers, and on the day of sale, advertised, viz: January 5, sold at public auction to the highest bidders that part of the cargo advertised for sale in Portland (the other part and the said sloop Mary being sold by deputy Tebbets, as per his account annexed) to sundry persons, as per account annexed; the amount of, as per said account, being sixty-five thousand nine hundred and forty-three dollars and fifty-two cents, viz:--$65,943 52 From which I deduct the following costs and charges, viz: Court bill of costs, as taxed by the court Advertising in Portland, $5; extra advertising, New York, &c., $20-- Service precept, $2; commission on $500, at 2 per cent., $12 50; commission on $65,443 52, at 14, $818 04--------Travel to return precept, $3; extra incidental charges, $35---- To cost and charges paid Collector Hook for transportation of goods from Warren and Newcastle to Portland, being a distance of eighty niles; also, for storage, and guard $1,263 58 25 00 832 54 38 00 |