means to enable it to make a suitable investigation in California, it is suggested that both be provided by legislation at an early period.

It will also be perceived, that while the board has, in many instances, recommended payment for all the articles proven to have been furnished or taken, it has reduced the amount to be paid for them. In coming to this conclusion the board has been governed by the prices paid by the disbursing officers of the battalion who made purchases and payments during the period embraced by these claims, and by the due bills and receipts given by them and others for similar articles received, taken, or purchased, during the same time.

The following scale of prices, adopted by the board on the 3d of January, 1854, after due examination and deliberation, appears to the board not only equitable and just, but liberal, compared with the actual transactions which occurred while the battalion was in service, viz:

"Resolved, That, in the opinion of the board, the prices hereinafter set forth for animals and property are equitable, and will govern the board in its recommendations to Congress, in all the claims before it where a different valuation is not satisfactorily established, viz:"

Some of the claims presented are based upon due bills given by Major Jacob R. Snyder, quartermaster of the battalion, agreeably to "Vouchers rendered." Upon application to the major for the "vouchers," he forwarded to the board, in December last, "all the papers in his

possession" relating to his duties as a disbursing officer of the battalion. Amongst the papers thus transmitted were found the "vouchers" referred to in his due bills; which have been withdrawn from his papers and filed with the claim; although it will be seen that the accounts are receipted, as if the amounts had been actually paid by him at the time. There are many similar accounts, also receipted, among the papers submitted by Major Snyder. Whether the money has been paid or due bills given, as in the cases above mentioned, the board is unable to determine in the absence of information from him on the subject.

By an examination at the treasury it was ascertained that several claims which had been presented to the board for examination had already been paid, and vouchers passed to the credit of the disbursing officer at the treasury. It is possible that some of these allowed by the board have also been paid; to guard against their being paid a second time, the board recommends that all of the claims when presented for payment be examined by the proper Auditors of the Treasury, and compared with the accounts of the battalion which have been adjusted there, before payment on them is made.

The board desires to bring to the notice of Congress, that there is a meritorious class of claims which it cannot now but rule out under the letter of the law, which it is highly probably was intended to be embraced when the law was framed; it is for spoliation of property by the enemy, arising from the occupancy of the claimant's premises by American troops. Special legislation would be necessary to embrace this class among the claims to be examined by the board; which is recommended

For a special report on each of the claims presented to the 9th instant, see the accompanying document, (a book,) marked "Register of California Claims, 1846,-'47;" which contains a copy of each claim, with the evidence in the case.

In conclusion, the board desires to remark that in all cases where a claim has been recommended to the favorable consideration of Congress, the vote of the board has been unanimous.

C. F. SMITH,

Brevet Colonel 2d Artillery.

CHARLES THOMAS,

Lieutenant Colonel United States Army.

R. B. LEE, C. S.,

Major United States Army.

N. B. Since the 9th instant, when the above was closed, claims amounting to $3,462% have been received, but not acted on.

SPECIAL ORDers,

No. 136.

A.

ADJUTANT GENERAL'S OFFICE,
Washington, September 7, 1852.

The following order has been received from the War Department:

"WAR DEPARTMENT,

September 6, 1852.

"Agreeably to the requirements of the 6th section of the act of August 31, 1852, making appropriations for the support of the army for the year ending June 30, 1853, a board of officers to consist of

"Brevet Colonel CHARLES F. SMITH, Second Artillery ;

"Lieut. Colonel CHARLES THOMAS, Deputy Quartermaster General; "Major RICHARD B. LEE, Commissary of Subsistance ;

is hereby appointed to examine and report to Congress upon all such claims as may be presented for funds advanced and subsistence and supplies furnished, or taken for the use of the volunteers serving under the command of Captain John C. Fremont, in California, during the year 1846.'

"The board will meet and organize in the city of Washington on the 13th of the present month, or as soon thereafter as practicable. "C. M. CONRAD, "Secretary of War."

Published to the army by command of Major General Scott.

S. COOPER,
Adjutant General.

and equip

"SECTION 6. And be it further enacted, That, for the pay ment as mounted riflemen, finding their own horses and forage, of the volunteers serving under the command of Captain John C. Frémont, in California, during the year eighteen hundred and forty-six, as appears by the muster rolls on file in the War Department, and for the subsistence and supplies consumed by said volunteers, in said service, one hundred and sixty-eight thousand dollars, is hereby appropriated out of any money in the treasury not otherwise appropriated; and the Secretary of War is authorized and empowered to appoint three competent and disinterested officers of the army to examine and report to Congress upon all such claims as may be presented for funds advanced and subsistence and supplies of all kinds furnished or taken for the use of said command, whilst thus engaged in the public service; and for the expenses of said board of officers the sum of two thousand dollars is hereby appropriated."

B.

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