a quantity of tobacco stored in that city belonging to the Mexican government, caused it to be seized and sold for the benefit of the United States. The whole quantity, two thousand and eighty-one bales, was accordingly sold at public auction by Major Allen, of the quartermaster department, to Mr. L. S. Hargous, at ten dollars a bale, amounting to twenty thousand eight hundred and ten dollars. Mr. Hargous paid Major Allen $5,500 in cash, and the balance in supplies for the army, for which Major Allen has duly accounted.

On the sixth of June following, Mr. Hargous sold the 2,081 bales of tobacco to Don B. Juan Domercq, the claimant, for twenty dollars a bale, amounting to forty-one thousand six hundred and twenty dollars. It appears that thirteen hundred and twenty-five bales of this tobacco were, at the times of the sales aforesaid, deposited in the quartel (public barracks) of San José, occupied by the American troops, and the remainder in other places in the city.

It appears, also, that two hundred and nineteen bales of the tobacco deposited in other places than the quartel were, some time in August following, deposited by the claimant in house number six, Second street of San José, near the quarters of Colonel Childs. The thirteen hundred and twenty-five bales and the two hundred and nineteen bales were locked up, and the claimant had the keys.

The claimant alleges-and there is no evidence in the case contradicting his allegation-that the whole quantity of tobacco deposited in each of said places remained there till seized, by order of Colonel Childs, at the time of the siege of Puebla by the guerillas, in September following. At the time of that siege, Colonel Childs, being informed that the tobacco deposited at No. 6, Second street, San José, was Mexican property, ordered it, as well as that deposited in the quartel, which he supposed to belong to the United States, to be taken and used in constructing parapets on the houses, in barricading the streets, and in fortifying the quartel. Colonel Childs makes the following statement on this point:

HEADQUARTERS, DEPARTMENT OF PUEBLA,

Puebla, December 31, 1847.

I certify that, during the siege of Puebla, a quantity of tobacco, the number of bales not known, was taken from a house on the second square from San José, supposed at the time to belong to Mexicans, and a lawful capture; that these bales of tobacco were used as barricades and breast-works in the streets and on the houses; that a great number of bales were taken from San José, supposed to belong to the United States, and placed on the roof of that building, and others taken to complete barricades, &c., &c.; that most, if not all, of this tobacco was exposed for three weeks during the rainy season, and must have been, to a great extent, rendered entirely worthless. For a more particular narrative of the tobacco business, I refer to my testimony before the commission.

THOMAS CHILDS,

Colonel United States Army.

Mr. William Spencer, the agent and interpreter of Captain Webster, testifies that, "after the siege commenced, he was ordered by Colonel Childs to break open the doors of the quartel and house No. 6, Second street of San Jose, and to use the tobacco in them in constructing breastworks, &c., for the defence of the American troops." "All the bales in both houses, were turned out and used during the siege in fortifying the housetops and in barricading the streets." "This was during the rainy season, and some bales were destroyed and spoiled by exposure to the sun and rain. When the siege was over, the tobacco was again deposited in the quartel. That he put locks on the doors of the quartel at three different times, and the doors were as often broken open and tobacco taken out. That American soldiers were frequently confined in the guard-house, under charge for stealing it." Mr. Spencer further states, that "there must have been at least two hundred bales stolen out of the quartel after it was deposited there the second time, and that there were at least twenty bales spoiled by the weather and given to the American troops during the siege."

Soon after the siege, Colonel Childs directed Quartermaster Webster to advertise and sell the tobacco that remained; and five hundred bales were accordingly sold at $22 a bale, which were again sold by the purchaser for $24 a bale. Colonel Childs being informed by Doctor Schadler and the Spanish vice-consul of Mr. Domercq's claim to the tobacco, he ordered the sale to be stopped, and that all that remained on hand be delivered to the claimant. Under this order, three hundred and twenty-three bales were delivered to the claimant. Soon afterwards, the five hundred bales which had been sold as above stated were recovered back and delivered to him-making in all eight hundred and twenty-three bales of the one thousand five hundred and forty-four bales originally deposited in the quartel and house No. 6, and leaving a deficiency of seven hundred and twenty-one bales.

The committee are of opinion that the petitioner is entitled to relief for so much of the tobacco, not exceeding seven hundred and twentyone bales, as was destroyed or lost in consequence of its having been taken and used for purposes of defence by Colonel Childs.

Considerable evidence has been laid before the committee as to the price of tobacco at that time in Puebla. Quite a number of witnesses testify that tobacco was selling about that time from six to seven dollars the arroba. An arroba is one-eighth of a bale, or twenty-five pounds.But no testimony has been laid before them to show the price at wholesale or in large quantities, except the sales above referred to-of Quartermaster Allen to Hargous, at $10; of Hargous to the claimant, Domercq, at $20; of Quartermaster Webster, of the 500 bales, at $22; and of this last purchaser of the same five hundred bales, at $24 the bale. Now, aside from the fact that the latter are the wholesale auction prices, and the former the jobbers' and retailers' prices, it must be evident that, in the unsettled and dubious state of affairs at that time in Puebla, the price of small quantities of an article like tobacco, for immediate use, might, and probably would, be even double that of large quantities of the same article stored in a beseiged city and liable to be seized and destroyed at any moment-and more especially, as in this

case, when the article is stored in and about the very point of attack. As $24 a bale is the highest price which appears from the evidence to have been paid for any large quantity of tobacco at or about that time, the committee think that the price to be allowed per bale should not exceed that sum. In accordance with these views, the committee report the accompanying bill.

The Committee on the Judiciary, to whom was referred the memorial of John G. Camp, late marshal for the middle district of Forida, have had the same under consideration and report:

This claim has heretofore been considered by this committee, and a report made thereon, which is concurred in, and now submitted as the report of this committee.

IN SENATE, AUGUST 26, 1852.

The Committee on the Judiciary, to whom was referred the memorial of John G. Camp, late marshal for the middle district of Florida, have had the same under consideration and report:

The memorialist represents that he was marshal for the middle district of Forida from the year 1841 to 1846; that in the discharge of his duties in summoning jurors he charged, in addition to his regular fees, mileage for said duty; his accounts were duly examined by the court, and certified to by the clerk thereof as being correct. The accounting officer of the treasury disallowed the charges for mileage, and accordingly suspended that item in his accounts.

The present comptroller of the treasury has refused to re-open this, or any account disallowed by his predecessor in office "on its merits," but says, however, that if this was a new case submitted to him he would allow the charge for mileage, as all charges of that kind are now allowed, and have been for the past two years. Justice McLane gives it as his opinion, also, that the charge for mileage should be allowed in all such

cases.

The committee are of the opinion that the claim of the petitioner is just and legal, and therefore report a bill for his relief.