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to Fort Smith, back to the boat. On starting to return to the fort the same evening, it was apparent that Lieutenant Cochrane's horse was sick. With difficulty we got back to the garrison in a walk. hours after our return the horse was dead.

Two

"Further, I do solemnly believe and give it as my unbiased opinion, and that of all the officers at the post, at the time, that the horse died in consequence of the usage and hard riding given by Lieutenant Colonel Garland's express, the horse being in perfect health and spirits when we started early in the morning for the boat. On or about the 22d September, the transportation procured by Colonel Garland's express having arrived, the troops took up their line of march by

land.

E. H. ABADIE,

Assistant Surgeon, United States army.

The committee are satisfied that this claim ought to be allowed-the cause of the horse's death is fully vouched for by Surgeon E. H. Abadie, and Lieutenant Colonel Garland certifies that the horse was taken by his order to perform an arduous and important duty. They therefore report the same bill which passed the Senate on the 25th February, 1853, without amendment.

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The Committee on Military Affairs, to whom was referred bill (S. 105) for the relief of paymasters' clerks, who served in Mexico, having had the same under consideration, report:

That upon inquiry at the proper department, they have ascertained that previous to the 4th March, 1853, the ninth section of the "Act to raise, for a limited time, an additional military force, and for other purposes," approved 11th February, 1847, was so construed by the accounting officers of the Department of the Interior, as to allow bounty lands to "paymasters' clerks, who served in Mexico," and that under that decision a number of such clerks have received bounty lands; that since March, 1853, the Commissioner of Pensions has reviewed and reversed the decision of his predecessor, and has rejected numerous applications to the department for bounty lands, made not only by paymasters' clerks, but also by the clerks of quartermasters and forage

masters.

The committee are unanimously of the opinion that the former decision was erroneous that these clerks are merely civil agents, not enlisted, not mustered, and by no means subject to the rules of war, or liable to be called into the field of battle, but employed like other clerks in the civil departments; while it must be obvious that the bounties granted by the act named above were intended as rewards for extraordinary military services.

The committee, therefore, beg leave to report the bill back to the Senate, and to recommend that it do not pass.

1st Session.

No. 96.

IN THE SENATE OF THE UNITED STATES.

FEBRUARY 13, 1854.-Ordered to be printed.

Mr. DAWSON made the following

REPORT.

[To accompany Bill S. 206.]

The Committee on Military Affairs, to whom was referred the memorial of Mrs. Harriet O. Read, executrix of the late Brevet Colonel A. C. W. Fanning, of the United States army, having had the same under consideration, make the following report:

This case was referred to the Senate Military Committee at the last session of Congress, when, after a careful examination, a favorable report was made upon it.

The account presented is as follows:
United States,

To A. C. W. Fanning,

$500 00

For services as commissioner for restoring Fort St. Mark's to the Spanish authorities, March 15, 1819....

For services as commissioner to receive Fort St. Mark's into the United States government, June 17, 1821............

By cash on account..

For services as Indian agent at Forts Gasden and St. Mark's, from April 28, 1818, to December 4, 1821, at $1,500 per annum...

By cash on account..

DR.

500 00

$1,000 00
200 00

$800 00

5,400 00

220 00

5,180 00

For commissions 24 per cent. on $50,000 disbursed on account of Augusta arsenal, Georgia..

1,250 00

7,230 00

It is in evidence that Colonel Fanning was appointed by General Andrew Jackson to restore and receive Fort St. Marks, which was no part of his official duty, and for these extra services he charged $1,000;

for similar services Colonel Robert Butler received an extra allowance of six dollars per day, while Colonel Fanning only charged the above sum for seven and a half month's service. Colonel Fanning presented this charge to the War Department in 1824, where it was not disallowed, but the secretary (Mr. Calhoun) paid on account $200, being "all the balance on hand of the appropriation for the cession of the Floridas."

The charge for services as Indian agent was rejected in part by the department, "because the government had no authority to appoint an agent in Florida prior to the cession of that country to the United States." The committee are satisfied that the service was performed faithfully and amid great privations and personal dangers.

General Jackson, who was familiar with Colonel Fanning's services, wrote him on the 1st January, 1824, as follows: "You performed the duties of Indian agent and commissioner well and faithfully, and to my entire satisfaction, and, if any one was ever paid for such services, you should be." And $1,500 is the usual annual salary of Indian agents. The $220 paid on this item was for services after the cession of the Floridas to the United States.

In 1827-28, Colonel Fanning was ordered to Augusta arsenal, Georgia, in the routine of artillery duty, where he found himself charged not only with the command of that post, but also with the extra duties of ordnance officer, superintendant of the arsenal, then in process of construction, and the disbursement of public money consequent upon these extra duties.

An act of Congress, approved March 2, 1821, required ordnance officers to be detailed from the artillery. They were thereby relieved from other responsibilities; yet these numerous and difficult services were imposed upon Colonel Fanning for four years, in despite of his remonstrance.

Colonel Bomford, chief of ordnance, in reply to Colonel Fanning, under date of August, 1832, says:

"SIR: Your letter of the 27th ultimo has been received. Your previous requests to be relieved from ordnance duty were submitted and recommended to the general-in-chief, upon which it appears there have been no measures adopted. The subject has been again brought to his notice, and as soon as an answer is received it will be communicated to you.

"With respect to your remarks on the subject of extra pay, so far as you can be assisted in obtaining it by this department you may calculate upon it. Your duties have been arduous and satisfactorily performed; and no less favorable rule shall be applied to with its consent, than to others.

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The records of the Treasury Department show that Colonel Fanning disbursed at Augusta, Georgia, $50,000 of government funds, and his public accounts have been settled to a cent. The charge of two and a half per cent. upon these disbursements was refused by the department for want of precedents, while numerous precedents are to be found in

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