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1st Session.

No. 65.

IN THE SENATE OF THE UNITED STATES.

JANUARY 30, 1854.-Ordered to be printed.

Mr. ALLEN made the following

REPORT.

[To accompany Bill S. 153.]

The Committee on Private Land Claims, to whom was referred Senate bill No. 153, "A Bill to relinquish the reversionary interest of the United States to a certain reservation therein mentioned and to confirm the title of Chas. G. Gunter thereto," and the accompanying papers, have had the same under consideration, and submit the following report:

It appears from the papers accompanying said bill, that a small island in the Alabama river, and about 250 acres of land on the opposite bank of the river, were marked on a plat in the office of the land commissioner at Montgomery as "Manac's Reserve." Manac was an Indian, and the last heard of him was in the Florida war. By a letter from the Commissioner of the General Land Office it appears that the title to the land is in the United States. Manac sold his right (a life estate only) to Andrew Dexter-Dexter to Carpenter-and Carpenter to Gunter. Several bills have been reported from the Committee on Public Lands at different periods, providing for the relief of Chas. G. Gunter, and in February, 1852, a bill was reported by the Committee on Private Land Claims, of which the bill now referred is a copy. In view of the foregoing facts the committee have directed me to report back the bill and accompanying papers, and recommend the passage of the bill without amendment.

1st Session.

No. 66.

IN THE SENATE OF THE UNITED STATES.

JANUARY 30, 1854.-Ordered to be printed.

Mr. WADE made the following

REPORT.

[To accompany Bill S. 165.]

The Committee of Claims, to whom was referred the petition of A. J. Williamson, report:

It appears from the papers in the case that the petitioner, then a lieutenant in the United States army, was ordered in December, 1851, to conduct a detachment of 100 recruits from Newport barracks, Kentucky, to San Antonio. On the 8th December they embarked on board the steamer "South America" for New Orleans. On the passage the vessel took fire and was consumed, by which disaster fifteen of the recruits were drowned, and nearly all the clothing and baggage was consumed.

Assistant Adjutant General Cooper, who was at that time in New Orleans, certifies to the truth of the facts stated, and says that "the Secretary of War directed, in April, 1851, that the lost articles should be replaced without cost" to the recruits. It seems, therefore, but just that Lieutenant Williamson should also be remunerated.

An adverse report has been previously made in this case, but aside from the additional evidence now produced, the report of the Committee on Naval Affairs, made at the first session of the last Congress, in the case of the petty officers and seamen on board the United States steamer "Missouri," at the time of her destruction by fire at Gibraltar, which was sustained by the action of the Senate, seems to have settled the rule for such cases in favor of the petitioner; the Senate having passed the bill for the remuneration of the officers and seamen of the "Missouri," for losses occuring under analogous circumstances.

The committee submit a bill for the relief of the claimant.

1st Session.

No. 67.

IN THE SENATE OF THE UNITED STATES.

JANUARY 30, 1854.-Ordered to be printed.

Mr. SEWARD made the following

REPORT.

[To accompany Joint Resolution S. 8.]

The Committee on Commerce, to whom was referred the memorial of J. Wilson Smith, report:

That it appears from the documents and proof filed by him, that he was the owner in May, 1852, of the "steamer Fanny," having purchased and fitted her out at considerable expense, for a voyage to California; that he sailed from New Orleans soon afterwards with a full crew, and about two hundred passengers comfortably accommodated; that from stress of weather, or some other cause, his captain put into the port of Savannah, and while there, the district attorney of the United States at Savannah instituted proceedings against said steamer, upon the ground that she had violated the laws of Congress of 1847 and 1849, regulating passenger vessels, and under the charge of having on board a larger number of passengers than was allowed by law to a vessel of her dimensions. She was seized by the custom house officers of the United States there, and held as forfeited under this charge.

That the petitioner Smith had not, in point of fact, received on board the number allowed by law; but that the said steamer was, notwithstanding, detained and held by the said officers of the United States for nearly two months, to the great loss and damage of the owner, and that the passengers, who were mostly emigrants, and poor, were also subjected to great inconvenience and loss, so that the memorialist was compelled to provide for, and maintain them during the seizure and detention, at great cost; that he remonstrated against this violation of his rights, and the passengers also sent on a petition, on the 22d of June, 1852, to the Secretary of the Treasury, stating their case, and asking a release of the steamer, which they declared had been illegally seized, and expressly stated their satisfaction with the officers and the steamer, as affording them all necessary room and comforts for the voyage.

That on the 3d of June, 1852, the Secretary of the Treasury directed the collector of Savannah "at once to release her," adding in his letter, filed by the memorialist, "that passenger laws do not, in the opinion of the department, embrace steam passenger vessels, bound on voyages of this description."

That even after this letter of instruction from the Treasury Department, some delay occurred before the said steamer was released, but

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