such express stipulation. The proposition it makes is, to enter the service of the United States, at a certain rate of compensation, without fixing a period of service-leaving both the commencement and the completion of it altogether indeterminate, and as to which the pleasure of the government must have been the only rule.

The Secretary informed Mr. Johnson, one of the memorialists, by letter, dated the 7th of July, 1837, that he might have declined the appointment at any time, and might still do so; and that he did not consider him under any obligations to perform the duties of a member of the corps, if it were injurious to his interests-a sufficiently plain and early intimation that the government did not suppose they were involved in a contract of such scope and binding effect.

The committee regret the disappointment and losses to which these gentlemen were subjected, but they were, for the most part, incident to the acceptance of their appointments; and, while the committee entertain no doubt of their scientific acquirements, and the fidelity with which they would have performed the duties originally assigned to them, they cannot enter into a computation of their sacrifices by the resignation of other situations, &c.

The committee therefore beg leave to report adversely to the prayer of the petitioner, and request to be discharged from the further consideration of the subject.

IN THE SENATE OF THE UNITED STATES.

JUNE 10, 1858.-Submitted and ordered to be printed.

Mr. IVERSON submitted the following

REPORT.

The Committee on Claims, to whom were referred the papers in the case of Dr. James A. Mott, report:

Dr. Mott charges the government with medical services performed by him for United States soldiers during the war of 1812-'15, including several capital and other surgical operations upon officers and soldiers in consequence of wounds received in battle; he also charges for the impressment of a horse and sleigh into the service, and for damages for a wound received from a dragoon. The whole amount claimed is $949, with interest from 1814.

There is no proof before the committee in support of the claim, except the affidavit of the claimant and some general hearsay statements of two or three other parties. The committee, therefore, in view of the great lapse of time, and the entire absence of competent proof, recommend that the claim be rejected.

IN THE SENATE OF THE UNITED STATES.

JUNE 10, 1858.-Ordered to be printed.

Mr. IVERSON submitted the following

REPORT.

The Committee on Claims, to whom the petition and papers of Charles Kohler were referred, make the following report:

They have looked into the same, and finding that he has already received $1,350 27 for salvage, upon which the claim is founded, considering that sum quite as much as he was entitled to, and for the statements contained in Captain J. B. Magruder's letter, the committee think that the petitioner is not entitled to any further relief, and recommend that the petition be rejected.

QUARTERMASTER GENERAL'S OFFICE, Washington, D. C., February 11, 1843. SIR: I have re-examined the claim of Charles Kohler for salvage on the cargoes of the schooners Die Vernon and Emeline, for which he has again memorialized Congress, and which, with the memorial, was referred by you to this office for a report.

In my report to your predecessor, Mr. Poinsett, under date of the 8th of February, 1841, I recommended that the claimant should be allowed twenty-five per cent. on the cost of the cargo of the Die Vernon and forty per cent. on that of the Emeline, amounting, in all, to $1,350 27. The recommendation was adopted, and the amount stated was paid the claimant by Captain A. R. Hetzel, assistant quartermaster.

The cargo of the Die Vernon consisted of 2,748 bushels of corn, 960 bushels of oats, 1,854 bags to contain the same, 19 bales of hay, and 24 kegs and boxes of ordnance stores. The corn, at the place of shipment, cost the government $1 20 per bushel; the oats 53 cents, and the bags 25 cents each. The contents of the boxes and kegs of ordnance stores cannot be ascertained; but on the supposition that they contained musket cartridges, which was probably the case, I am informed at the Ordnance Office that the cost would not exceed $11 per keg or box, and if fixed ammunition for cannon, about the same. The hay was totally damaged and unfit for use. The cost of the cargo saved, therefore, amounted to $4,533 90-25 per cent. on which, $1,133 471, was awarded.

The cargo of the schooner Emeline consisted of 300 feet of boards, 780 feet of scantling, 1,000 bushels of corn, 200 bushels of oats, 600 bags to contain the corn and oats, 1 field bugle, and 1 maul; of which there was saved 300 bushels of corn with 150 bags in good order, the cost of which was $397 50, and 200 bushels damaged, the value estimated at 60 cents per bushel, and 100 bags to contain the same, making a total of $542 50; forty per cent. on which, amounting to $216 80, was awarded.

It will be perceived that I estimated the value of the cargoes at the prices the articles cost the government at the points from which they were shipped.

However, as it has been decided that he was entitled to salvage, it might, perhaps, have been proper to have estimated the value of the cargoes at the price they cost the government delivered at Indian river, which would be the freight added to the cost of the articles.

From the accounts of Captain Dusenbery, it appears that he paid the master of the Die Vernon $361 29 for the transportation of the articles to Indian river, twenty-five per cent. on which would be $90 32; and the master of the schooner Emeline $154 83, forty per cent. on which would be $61 93, making a total of $152 25.

At the time the claimant rendered the service his vessel was in the employment of the government, and he was receiving pay at the rate of $1,000 per month.

Before deciding upon the matter, I would respectfully call the attention of the Secretary to the facts set forth in the communication of Lieutenant Magruder, filed with the claim.

All the papers in the case are herewith returned; and I have the honor to be, very respectfully, your obedient servant,

Hon. J. C. SPENCER,

Secretary of War, Washington city.

TH. S. JESUP, Quartermaster General.

P. S.-This case was accidentally placed upon the file of unadjusted Florida claims, and in that way escaped my notice until yesterday, which accounts for the delay in the report.

TH. S. JESUP, Quartermaster General.

BOSTON, January 26, 1841.

SIR: An absence on duty has prevented my answering your letter of the 16th inst. until this date. With respect to the services of Captain Charles Kohler, of the schooner Lally Miller, in saving the cargo of the schooner Die Vernon, I know very little, being at the ne of the wreck of the Die Vernon absent on a march from Fort ce, with General Hernandez, to meet the column under your imte command, which we did at Camp Lloyd. I therefore could