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291

IN THE SENATE OF THE UNITED STATES.

JUNE 2, 1858.-Ordered to be printed.

Mr. SIMMONS made the following

REPORT.

(To accompany Bill S. 422.)

The Committee on Claims, to whom was referred the petition of John R. Bartlett, late United States Commissioner on the Mexican boundary, report:

Mr. Bartlett submits the following accounts, together with the explanations annexed, for payments made by him as commissioner for running and marking the boundary line between the United States and the republic of Mexico. Upon a careful examination of the several items, and of the reasons assigned by Mr. Bartlett for the disbursements, and of the grounds upon which they have been disallowed by the accounting officers, the committee have come to the conclusion that the several expenditures were justly and properly made, and that Mr. Bartlett is entitled to credit for the vouchers rendered for such payments. The claim for interest is disallowed. Nor is the claim for per diem, while waiting in Washington for the further adjustment of his accounts.

The item in the account marked A, of $1,052 48, paid to Lieutenant Whipple, and items 3, 4, 7, and 41, in account marked B, are understood to have been allowed at the department subsequently to the presentation of Mr. Bartlett's petition to Congress, and are not embraced in the accompanying bill.

The committee, believing that the other items in these accounts are for money actually expended by the commissioner in the proper exercise of his powers and discretion, under his instructions, think they ought to be allowed upon the vouchers rendered, and they report a bill accordingly, and recommend its passage.

ACCOUNT A.

The United States to John R. Bartlett, late commisioner on the Mexican boundary, for the following payments made by me on behalf of the United States attending my duties in running and marking the boundary line:

The payments were made at the dates stated, the proper vouchers are in the Comptroller's office, and the objections to allowing the same are as follows, as appears by the "Statement of differences made upon the revision of Fifth Auditor's report, No. 12,486," and which accompany this.

Page 22.-Payments made to S. P. Sanford, chain-bearer for six months ending June 30, 1851

"Disallowed, because he was employed and paid as bearer of despatches for the same period."-(See my explanation, No. 1.)

Page 23.-Paid William Bausman as clerk to A. B. Gray,
surveyor, from July 1, 1851, to February 15, 1852......
"Suspended, as he was paid as sub-assistant for same
period."-(See my explanation, No. 2.)

Page 23.-Payments to Charles Radziminski, as principal
assistant surveyor during the time he was employed and
paid as bearer of despatches, September, 1851, to Jan-
uary, 1852, 5 months, at $150 per month
(See my explanation, No. 3.)

Page 23.-Extra pay to George Thurber as acting quar-
termaster and commissary, from January 1 to June 30,
1852, during which time he was paid as clerk to quar-

termaster...

(See explanation No. 4.) Page 24.-Payments to Henry Jacobs, as agent for the commission on the Rio Grande, from August 27, 1851, to December 31, 1852, being at the rate of $400 a year. (See explanation No. 5.) Services in addition to his duties as assistant secretary and clerk.

Page 24.-Payments to Dr. Webb, as surgeon, at various times from May, 1851, to September, 1852, at the rate of $1,000 a year.......

"Disallowed by direction of the Secretary of the Interior, he having been paid as secretary of the commission for the same period.-(See statement in explanation No. 6.)

Page 18.-Paid Lieut. Whipple, as the difference between his pay as a lieutenant of topographical engineers and compensation at the rate of $3,000 per annum, from December 15, 1850, to June 29, 1851....

Disallowed per instructions from the Secretary of Interior, October 24, 1854.-(See explanation No. 7.) Page 6.-Paid A. De Vaudricourt, for his expenses from El Paso home ...

$225 00

150 00

750 00

150 00

527 77

1,154 55

1,052 48

100 00

'Mr. V. resigned when the commission would have been much embarrassed, but for an accidental circumstance. It would seem, therefore, that he forfeited his right to his expenses home."-(See explanation No. 8.) Page 17.-Paid J. W. McGoffin's bill for board, room rent, and servant's hire for A. De Vaudricourt. "The charge for two months after Mr. V. was discharged from the commission is diallowed."

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$92 00

$25 00
89 95

114 95

For meats, table furniture, wines, &c., furnished at a dinner given by the United States commissioner to General Trias and staff.

"Mr. Bartlett's commutation ought to cover these."(See explanation No. 9.)

Page 18.-Paid Brooks & Bros., for 26 pairs satinet pantaloons, and 100 oil suits, which have not been accounted for.......

(See explanation No. 10.)

262 87

4,579 62

Explanations by John R. Bartlett, of the several items for payments made on account of the United States and Mexican boundary commission, disallowed by the Comptroller in the adjustment of his accounts, on revision of Fifth Auditor's report, No. 12,486.

No. 1.-S. P. Sanford was a sub-assistant or chain-bearer, and paid at the rate of $1 25 a day. I sent him as bearer of despatches to Washington, and paid him $4 while on that service. The usual pay for such service is $5 a day; but in consideration of his receiving $1 25 already, I allowed him but $4. The service was a most arduous one, as he was obliged to ride horseback more than 700 miles through an Indian country, where there were no other inhabitants. His pay now disallowed is for six months as a chain-bearer, $225.

No. 2.-Wm. Bausman was a sub-assistant, and paid $1 25 a day. The city surveyor, Mr. Gray, being at one time in feeble health, desired a clerk. Unwilling to add another officer to the party, and desirous to economize, I assigned Mr. Bausman for this duty, who performed his labors in the field at the same time. He acted as clerk for 7 months, and I paid him $150 for this service.

I will add that Col. Graham, the chief astronomer, had a clerk, who received $1,000 a year, and $4 a day commutation, making together, $2,460, as is shown in Col. G.'s instructions from the Secretary of the Interior, dated October 23, 1850.-(See Doc. 119, 32d Congress, 1st session, p. 97.)

Again, in a despatch to me of Nov. 4, 1851, the Secretary says: The chief astronomer "shall be allowed one clerk, whose salary shall not exceed that of the surveyor's clerk;" thereby inferring that the surveyor had a clerk.

The government, too, was apprised that Mr. Bausman was both sub-assistant and clerk, by Mr. Gray's report.-(Senate Doc. 119, pp. 167, 168.)

Mr. Bausman is again referred to as sub-assistant and clerk to Mr. Gray, at $1,000 a year.-(Senate Doc., special session, 1853, No. 6, p. 106.)

No. 3.-Charles Radziminski was principal assistant surveyor, and one of the most accomplished engineers in the commission. The position taken by Col. Graham, the chief astronomer, on joining the commission, and the conflict between his instructions and those of Mr. Gray, the chief surveyor, and other officers, led to a derangement in the commission and a suspension of operations. It then became necessary for me to send a competent engineer to Washington, who might lay before the government the actual state of things; who could show what changes were necessary, in the organization of the commission, in order to insure enconomy and a speedy completion of the work. New instructions followed. The office of surveyor was abolished, which was $3,000 a year, and personal expenses. This led to a discharge of his entire party, and a consequent saving to the government of more than $25,000 a year. So important did I consider it that Mr. Radziminski should go to Washington, that I promised him his $4 a day as bearer of despatches, in addition to that of surveyor.

I paid Mr. R. $4 a day, when $5 was the full rate established by custom, and his pay as surveyor, while on this duty.

He

No. 4.-George Thurber was a botanist, and paid $800 a year. During the year that I was engaged on the Gila survey he performed the duties of clerk, keeping the books, and paying off the men. also performed all the duties of quartermaster and commissary for this party. Mr. T. purchased animals and provisions, attended to the distribution of rations, the care and repair of property, traffic with the Indians, together with the numerous details of camp life; the duties of which are usually divided among several.

With the other half of the commission under Col. Graham, on the Rio Grande, there was an army quartermaster and commissary in Lieutenants Smith and Tillinghast, who each received $1,460 a year from the commission; an assistant to each, Messrs. Pierce and Tansill, with salaries of $800 each, and a wagon master, with about the same pay. All these duties were performed by Mr. Thurber, in addition to those of clerk and botanist, for which I paid him, for the six months he served, $150.

No. 5.-Henry Jacobs was clerk to the commission while the whole party were together in New Mexico.

There

When the commission separated, in August, 1851, one half accompanied me westward, the other remained on the Rio Grande. being no officer to represent me with the latter, and attend to the duties of disbursing agent, I requested Mr. Jacobs to perform them, in addition to his other duties. I gave him $10,000 in funds, and au

thorized him to approve accounts, and supply the surveying parties with all they required. This established the credit of the commission. The office was a very responsible one, and the additional compensation of $400 a year, moderate. To employ a separate officer would have cost $1,200 or $1,500 a year, and subsistence besides. I advised the Secretary of the Interior of Mr. Jacobs' new duties.-(See Doc. 119, p. 453.)

No. 6. Payments to Dr. Webb as surgeon. The doctor was the secretary of the commission. When the commission separated, as mentioned above, we were going into an unhealthy district where it would have been unsafe without a physician; in fact, the party would not have gone without such. I made inquiry at El Paso for a doctor, and found a young man who would go for $3,000, together with transportation, a servant, and subsistence, involving a total expense of $4,700 a year.

Dr. Webb having been a practicing physician most of his life, and the members placing great confidence in him as such, I made proposals to him to perform the medical duties in addition to those of secretary of the joint commission. He accepted my offer very reluc tantly, and I agreed to pay him at the rate of $1,000 a year while attending to these duties. Mr. Gray was ill for months. I had a severe illness, and others had scurvy; indeed, but for Dr. Webb, several would have left their bones on the desert.

No. 7.-Lieut. Whipple's pay is strictly provided for by law. Owing to the infirmities of Colonel McClellan, the Secretary of the Interior ordered me to fill his place with the topographical engineer next highest in command.-(See Doc. 119, p. 94.) I did so on the 15th December, 1850,-(see Doc. 119, p. 32, letter to Whipple,)-by appointing Lieut. Whipple, who held the office until his successor, Col. Graham, arrived on the 29th June, 1851.

In the instructions from the Secretary of the Interior to Colonel Graham, (see Doc. 119 p. 97,)-"The act of Congress of May 15, 1850, provides that, if the duty of astronomer be performed by an officer of the army, his pay shall be increased to the sum of $3,000 per annum. Mr. Whipple was, therefore, entitled to the difference between his pay as lieutenant and that of $3,000 a year, which sum I paid him. Colonel Graham and Major Emory both received the same rate; and the Secretary's opinion is that Whipple was entitled to it.

With the exception of the payments to the bearers of depatches, and that to Lieutenant Whipple, all the items referred to were to officers connected with that branch of the commission which surveyed the Gila and the line to California. The double duty was put upon officers already in the service, for the sake of economy, and no one questions that it was performed and was necessary. I had a perfect right, by my instructions, to appoint a person to fill each of the offices, viz: a surgeon, a clerk, a quartermaster, a commissary, with an assistant to each of the latter, a wagon master. Had I done so at the rate paid on the other branch of the survey, (including $3,000 for the surgeon's pay,) and to this add the transportation and subsistence, it would have cost $15,000 a year, while my payments were little over $2,000.

There has been a vague understanding relative to this "double com

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