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1st Session.

No. 162.

IN THE SENATE OF THE UNITED STATES.

MARCH 14, 1854.-Ordered to be printed.

Mr. JOHNSON made the following

REPORT.

[To accompany Bill S. 277.]

The Committee on Public Lands, to whom was referred the petition of Theresa Dardenne, widow of Abraham Dardenne, praying Congress to indemnify her for losses sustained on account of an erroneous sale of land made to the said Abraham Dardenne, by the land officers at Little Rock, Arkansas, respectfully report:

That it appears of record in the General Land Office, that Abraham Dardenne entered at the land office at Little Rock, Arkansas, January 30, 1836, the north part of the northwest fractional quarter (east of Arkansas river,) of section six, in township five south, of range nine west, containing 431 acres, as per certificate of purchase No. 1133; also the northeast fractional quarter of same section, containing 159 10% acres, as per certificate of purchase No. 1132; that some time subsequent to the date of said entries, it was discovered that the same were illegal, for the reason that the said tracts of land were covered by donation certificate No. 107, dated May 19, 1830, (claim No. 145,) in the name of the heir of Aaron Hanscom, and a patent issued thereon, and that on the 6th of October, 1847, notice of the fact that the aforesaid entries were illegal was forwarded to the said Abraham Dardenne, by the land officers at Little Rock, Arkansas, being nearly eleven years subsequent to the aforesaid entry by the said Dardenne. It further appears of record that the purchase money, to wit: the sum of $253 23 still remains in the treasury of the United States.

The affidavit of the petitioner, widow of the late Abraham Dardenne, sets forth that herself, husband, and children, labored hard to improve and reduce to a state of cultivation the aforementioned lands, for the term of eleven years, believing they were the sole owners of the same; and that repeatedly, during said term of years, her said husband was offered $5,000 for said premises, but refused the same, prefering his home to money. It is further in evidence that the petitioner, with her five children, (who are dependent upon her for support,) were ejected, by force of law, from said premises on the first day of January, 1851, and that herself and children are homeless and in a state of destitution. Her present unhappy situation has been brought about solely by the errors of the United States land officers.

As a summary, your committee state that Abraham Dardenne, deceased, bought from and paid the United States for land to which the United States had no title, having already sold it; that the United States still holds the money, over $250, and has held it over eigh teen years; that for eleven years said Dardenne was suffered to hold and improve said land without notice that he had no title; that he continued to reside on said land, refusing to give it up until his death, and his family after him till 1st of January, 1851, when the widow and her children, resisting in the courts, were ejected by force of law; that they are poor, and the children dependent on the mother; that they have not only lost the use of their money, but the interest for over eighteen years, and not only lost the land, but all the improvements, which, with their own labor and humble means, they had expended on it for eighteen years of continuous occupation, which had greatly enhanced its value; that to refund, now, the original sum would be scandalous; that to refund it with interest would be palpable injustice, in the loss of all their labor and improvements, and the increased value of the land; that all lands of similar value, on the banks of the Arkansas river are now entered and out of reach of the petitioner; that authority to enter, in full satisfaction, six hundred and forty acres of land, such as is now subject to private entry, at the minimum price of the public lands, seems in the opinion of your committee, the nearest approach to justice which your committee can attain, and yet, your committee are aware that, in many respects, it fails to repay a family, now thrown on the world, and made destitute by errors in which they, themselves had no agency.

The committee make part of this report the letter of the Commissioner of Public Lands, of January 26, 1854, as Exhibit A, and a few (all that can be found) of the tax receipts of said Dardenne, from 1841 o 1848, inclusive, marked Exhibit B.

Your committee report the accompanying bill.

EXHIBIT A.

GENERAL LAND OFFICE,
January 26, 1854.

SIR: I have the honor to acknowledge the receipt of the petition, and accompanying papers, of Theresa Dardenne, widow of Abraham Dardenne, praying Congress to indemnify her for losses sustained on account of an erroneous sale of lands made to the said Abraham, by the land officers at Little Rock, Arkansas; which papers were referred by you to this office on the 21st instant.

In reply, I have to state that it appears, from the records of this office, that Abraham Dardenne entered at the land office at Little Rock, Arkansas, on the 20th January, 1836, the north part of the northwest fractional quarter (east of Arkansas river) of section 6, in township 5 south, of range 9 west, containing 430 acres-per certificate of purchase No. 1133; also, the northeastern fractional quarter of same section, township, and range, containing 159 acres-per

certificate of purchase No. 1132; that some time subsequent to the date of said entries it was discovered that the same were illegal, for the reason that the said tracts of land were covered by donation certificate No. 107, dated May 19, 1830, (claim No. 145,) in the name of the heirs of Aaron Hanscom; which claim was reported to this office "to be good," by the special agent, in his report of 21st November, 1837, and consequently a patent issued thereon; and the register and receiver at Little Rock, in a letter from this office, dated the 30th of November, 1847, were instructed to advise Mr. Dardenne of the illegality of his said entries, in order that he might make application for the refunding of the purchase money paid thereon.

Such being the facts in the case, this office has no power to afford relief further than to recommend the return of the purchase money paid on said entries; which, from the examination made, does not appear ever to have been done, and to which Mrs. Dardenne would appear to be entitled upon application being made in due form.

The case, as recited in the petition, appears to be one of peculiar hardship, and you have the warmest wishes of this office for the success of any efforts which you may make in behalf of the destitute widow and orphans.

The papers are herewith returned.

Very respectfully, your obedient servant,

Hon. R. W. JOHNSON,

JOHN WILSON,

Commissioner.

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JEFFERSON COUNTY, ARKANSAS,

August 11, 1841.

Received of Abraham Dardenne, fifteen dollars and forty-one cents, in full for his State and county tax for the year 1841.

JNO. J. HAMMETT,

Sheriff and Collector.

JEFFERSON COUNTY, ARKANSAS,
November 14, A. D. 1842.

Received of Abraham Dardenne, nine dollars and ninety-eight cents, in full for his State and county tax for the year A. D. 1842.

$9 98.

$12 15.

JNO. J. HAMMETT,

Sheriff and Collector.

JEFFERSON COUNTY, ARKANSAS, 1843.

Received of Abraham Dardenne, twelve dollars and fifteen cents in full for his State and county tax for the year A. D. 1843.

JNO. J. HAMMETT,

Sheriff and Collector.

STATE OF ARKansas, JeffersON COUNTY, July 19, 1845. Received of Abraham Dardenne, two dollars State tax, and five dollars county and jail tax, in full for his tax for the year 1845.

State tax $2 00

County" 4 00

JNO. J. HAMMETT,
Sheriff and Collector.

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Received of Abraham Dardenne, four dollars and fifty-three cents, in full for his State, county, and special court-house tax for the year A. D. 1846.

$9 11.

JNO. J. HAMMETT,

Sheriff and Collector.

JEFFERSON COUNTY, ARKANSAS, 1847.

Received of Abraham Dardenne, nine dollars and eleven cents, in full for his State and county tax for the year 1847.

State tax $7 93

County do. 6 95

14 88

JNO. J. HAMMETT,

Sheriff and Collector.

JEFFERSON COUNTY, ARKANSAS, 1848.

Received of Abraham Dardenne, fourteen dollars and eighty-eight cents, in full for his State and county tax for the year A. D. 1848.

JNO. J. HAMMETT,
Sheriff and Collector.

1st Session.

No. 163.

IN THE SENATE OF THE UNITED STATES.

MARCH 14, 1854.-Ordered to be printed.

Mr. WILLIAMS made the following

REPORT.

[To accompany Bill S. 278]

The Committee of Claims, to whom was referred the petition of Henry La Reintrie, report:

The petitioner was secretary to Commodore Shubrick, United States navy, and while attached in that capacity to the United States ship Independence, at Valparaiso, upon the urgent request of Mr. Barton, chargé d'affaires at Chili, was ordered by Commodore Shubrick to repair to the city of Santiago, and place himself under the direction of Mr. Barton. Mr. Reintrie promptly obeyed the order, although the service had no legal or proper relation to his duty as commodore's secretary. He continued faithfully and laboriously in the service of the United States legation at Santiago, as secretary of the legation, from the 6th of January to the 30th of April, 1849, and for twenty-eight days thereafter, as bearer of dispatches to the government of the United States, at the request of Mr. Barton.

For this service, Mr. Reintrie claims compensation at the rate of $6 per day, amounting to $858.

Mr. Reintrie asserts that he was employed from twelve to sixteen hours daily, in recording, translating and interpreting, or copying, during his service as secretary of legation. This arduous public service, as well as the exigency which required it, are amply verified by satisfactory proof.

Mr. Barton, in his letter to Commodore Shubrick, January 3, 1849, says:

"Admonished, as I have been, by circumstances which have given rise to the strongest suspicions that my trust in others, in seasons past, has been abused and betrayed, and that in more instances than one the affairs of the legation, when communicated in confidence, and under injunctions of secrecy, have been indiscreetly, and I fear corruptly divulged, and not knowing at this time a single person in Chili who, to a willingness to perform the service, at any rate of compensation within my means to offer, unites the requisite industry, steadiness,

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