1st Session. No. 44. IN THE SENATE OF THE UNITED STATES. JANUARY 17, 1854.-Submitted and ordered to be printed. REPORT On the memorial of Lavinia Taylor. The Committee on Pensions, to whom was referred the petition of Lavinia Taylor, asking to be allowed a pension, report: That this case was before the Committee on Pensions at the 2d session of the 31st Congress, who made a favorable report thereon, accompanied by a bill granting the relief prayed for. That report the committee beg leave to adopt, and recommend the passage of the bill then presented. IN SENATE, JANUARY 30, 1851. The Committee on Pensions, to whom was referred the memorial of Lavinia Taylor, asking to be allowed a pension, beg leave to report: That the memorialist is the widow of Isaac Taylor, who was a soldier in the regular army, and was killed in the massacre of Major Dade's command in Florida, on the 28th December, 1835. On learning the death of her husband, the memorialist applied for a pension to the Commissioner of Pensions, and was informed that there was no law providing a pension for the widows of regular soldiers who were killed by the enemy. By endorsements on her memorial it appears that it was first presented to the Senate, and referred to the Committee on Pensions, on the 19th of February, 1847. On the 21st of December, 1847, it was again referred to the committee, and under the same date it appears that the committee were discharged from the further consideration of the subject. A letter from the Commissioner of Pensions, dated Dececember 30, 1847, to the Hon. H. Johnson, then chairman of the Committee on Pensions, says: "She asks for a special act in her favor, as there is no general law which gives a pension to the widow of a regular soldier of the present military. If the bill which was lately drawn up and sent to you should become a law, no special legislation will be necessary in a case like this." And in a letter to the present chairman of the committee, dated March 22, 1850, the Commissioner says: "The bill referred to in my letter of the 30th December, 1847, did not become a law, and, consequently, this and similar cases remain unprovided for. I respectfully submit that it would be no more than just to allow the petitioner a five year's pension." In this opinion of the Commissioner the committee concur, and recommend the passage of the accompanying bill for her relief. The Committee on Military Affairs, to whom was referred the petition of Allen G. Johnson, have had the same under consideration and report: That the facts in the case, as set forth in the testimony, are as follows: The petitioner, Allen G. Johnson, was an officer in command of a company of mounted Florida militia, stationed at Camp Bailey, Jefferson county, Middle Florida, where he and his company were mustered out of the service of the United States on the 6th of January, 1840. It is further in evidence that at the time of said discharge, the said claimant handed over to J. B. Harbour, as the representative of J. B. Collins, quartermaster, certain subsistence stores, for which he took the receipt of the said Harbour on behalf of the said Collins, for whom he was authorized to act. On applying to the Third Auditor of the Treasury for a final settlement of his accounts, the petitioner was not allowed credit for the stores handed over as above stated, on the ground that Quartermaster Collins had not credited the claimant therewith in his returns, the Third Auditor remarking, at the same time, that it was strange that Harbour, himself a quartermaster, should have given a receipt in the name of Collins, when he might have receipted for the stores on his own authority. The only point in this case which, in the opinion of the committee, is worthy of particular consideration, is the question whether the petitioner, Johnson, turned over the stores of which he had charge, as captain, to a person duly authorized to receive and give a receipt for them. This he appears to have done; and, so far as he is concerned, any subsequent omission of duty on the part of Collins, who received them through his agent, Harbour, is a matter of trifling moment. Whether Harbour received the stores as the representative of Collins, or in his own capacity of quartermaster, he and Collins are the parties responsible to the government, and indemnity should be demanded from them or their securities for any laches in the performance of their duty. Your committee can see no propriety in holding officers of the line, as they are termed, accountable for the non-performance of their duty on the part of those over whom they have no control, and the especial business of whom it is to take charge of, and account for the property of the government committed to their keeping, under the penalty of their bonds. Entertaining these opinions, your committee respectfully recommend the passage of the accompanying bill. 1st Session. No. 46. IN THE SENATE OF THE UNITED STATES. JANUARY 17, 1854.-Ordered to be printed. MR. SHIELDS made the following REPORT. [To accompany Bill S. 135.] The Committee on Military Affairs, to whom was referred the petition of Adam D. Stewart, a paymaster in the United States army, praying the reimbursement of a sum of money paid by him for the recovery of certain stolen funds belonging to the United States, respectfully report: After a careful examination of the evidence in the case, the committee conclude to adopt the report made thereupon by the Committee of Claims, (S. Rep. No. 141, 1st Sess. 31 Cong.,) and the bill from the same committee, (S. No. 233, 1st Sess. 31 Cong.) IN SENATE, May 22, 1850. Mr. DODGE, of Iowa, made the following report: The Committee of Claims, to whom was referred the petition of Adam D. Steuart, a paymaster in the United States army, praying the reimbursement of a sum of money paid by him for the recovery of certain stolen funds belonging to the United States, respectfully report: The That from the papers and evidence on file in relation to the case, it appears that Paymaster A. D. Steuart shipped on board the steamboat "Tom Bolin" in June, 1834, two boxes of specie, containing $1,000 each, and which belonged to the United States, for Little Rock, for the purpose of paying the troops of the United States in Arkansas. boxes were delivered by Paymaster Steuart to the clerk of the boat, to whom the contents of the boxes were made known; that on the passage the said money, whilst in the custody of the officers of said boat, was stolen; that on the arrival of the said boat at Little Rock the money was missing, and the clerk of the boat was charged with the theft, and finally confessed that when the boat last stopped to take in wood before reaching Little Rock he threw the boxes containing the money out of the cabin window into the river, marking the place by certain trees to know where to look for them. Colonel Steuart, with some friends, |