1st Session. No. 177. IN THE SENATE OF THE UNITED STATES. APRIL 13, 1858.-Ordered to be printed. Mr. JONES made the following REPORT. [To accompany Bill S. 255.] The Committee on Pensions, to whom was referred the petition of Anthony Caslo or Castle, a soldier in the last war with Great Britain, have had the same under consideration, and report: The petition sets forth that Anthony Caslo, otherwise called Anthony Castle, is a native of France, and for several years was a soldier in the French army; was taken prisoner in Spain during the Peninsular war, and carried into England, where he was induced to enlist in a regiment bound for Canada, with the hope of finally getting into the United States. In February, 1814, he left the British service, and joined the American militia, but was soon retaken, and tried for desertion, and condemned to be shot, which sentence was finally commuted to whipping. As soon as he was able, he again deserted, and enlisted in the army of the United States, and was attached to the 26th regiment of infantry, and was soon promoted to a sergeancy. In the sortie at Fort Erie, on the 17th September, 1814, he was badly wounded by a musket ball in the left side, and was discharged on the 17th day of June, 1815, as being unfit to perform the duties of a soldier by reason of such wound. The petitioner applied for a pension in 1816, but a pension was denied him; and in several successive applications, he was still denied, on the ground, as was alleged, that his name did not appear upon the rolls. This was subsequently found to be an error of the Third Auditor of the Treasury, as the following letter from the honorable John S. Gallaher will show: TREASURY DEPARTMENT, Third Auditor's Office, January 9, 1850. SIR: I have the honor to return you herewith the letter of Mr. G. F. Lewis, with the enclosure which you transmitted to this office on the 5th instant, with a view to ascertain whether Anthony Castle, a discharged soldier of the 26th infantry, is entitled to extra pay, or retained bounty, and to inform you that, upon examination, he is found to have enlisted for the period of five years under a law author izing a bounty of one hundred and twenty-four dollars, fifty of which was payable on enlistment, fifty more on joining his regiment, and twenty-four dollars on being discharged. He received the first portion of bounty on his enlistment, and was discharged on the 17th June, 1815, as being unfit to perform the duties of a soldier by reason of a wound by a musket ball in his left side, and from the injurious effects of being whipped nine hundred lashes by the British for attempting to desert to the American standard. On his discharge, he was paid his monthly pay by Paymaster Tallmadge, together with his second and last portions of bounty, and an allowance for traveling from the place of discharge to that of his residence. There is, therefore, nothing further due him on that account from the United States. With great respect, your obedient servant, Hon. A. W. BUEL, House of Representatives. JOHN S. GALLAHER, Subsequently to the discovery of this error, namely, on the 25th of May, 1851, he was put upon the pension roll at $2 66 per month, which has since been increased to $8 per month. The committee are of opinion that his failure to obtain a pension under existing laws, at the time of his first application was due entirely to an oversight on the part of the government officer having charge of the case; and consider it but equitable that the petitioner should be made whole as against the loss thus sustained. In determining the rate of pension to be allowed from the time of his first application until he was finally put upon the roll, the committee think proper to adopt the rate of disability proved to exist at that time, and recommend that he be allowed $2 66 per month from the 25th of May, 1816, to the time his name was entered upon the pension roll, and for that purpose herewith report a bill. IN THE SENATE OF THE UNITED STATES. APRIL 13, 1858.-Ordered to be printed. Mr. KING, made the following REPORT. [To accompany Bill S. 256.] The Committee on Military Affairs and the Militia, to whom was referred the memorial of Alexander Randall, executor of D. Randall, deceased, having had the same under consideration, report: That the memorialist prays for the passage of an act explanatory of the act of 18th August, 1856, granting him a commission upon certain moneys collected and received by him as chief of the pay department of the United States army in Mexico, during the war with that republic. The following is the act: AN ACT for the relief of Adam D Steuart, and of Alexander Randall, executor of Daniel Randall. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled: That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay to Adam D. Steuart, and to Alexander Randall, executor of Daniel Randall, out of any money in the treasury not otherwise appropriated, a commission of one per cent. upon such amounts of money as were respectively collected by the said Adam D. Steuart and Daniel Randall, and by them disbursed or paid into the treasury of the United States, in virtue of the authority specially invested in them, by order of the commanding general of the United States army, and arising from duties on imports, taxes, or other assessments in Mexico, during the late war with that republic. Colonel Randall's account is as follows: THE UNITED STATES OF AMERICA, TO DANIEL RANDALL. For commission on the following sums of money collected and received by him as chief of the pay department in Mexico, during the war with that republic: 1848. Amount received of D. A. Steuart, paymaster United States army, in March and April, (being drafts sent up from collector of customs at Vera Cruz, for collection....... Amount received from C. Andrews, paymaster United States army, in April, (being also drafts sent up in the same way for collection in the city of Mexico....... DR. $186,125 31 32,293 65 Amount collected from the Mexican mint, as tax 13,500 00 Amount collected from municipal authorities, as ...... 14,000 00 2.500 00 Amount collected from R. H. L. Heidsick, custom- Amount collected from C. A. Tornachon, custom- 27,000 00 135 37 54,934 30 330,488 63 Upon the following sums, being received from other officers of the government, no commission is allowed: 1848. March 17. Received from A. D. Steuart, paymaster United States army, in cash....... $62,478 04 June 8. Received from A. D. Steuart, paymaster 251,800 00 (( 27. Oct. 14. Received from F. M. Diamond, collector, 103,000 00 States army...... 20,00 417,298 04 Congress obviously intended, in the above act, to allow this memorialist a commission upon such sums of money as came into Daniel Randall's hands from the sources stated in the first part of the above account, viz: upon $430,488 63, it being the amount collected and received from the enemy in the enemy's country, mostly upon drafts sent for collection from Vera Cruz to the city of Mexico, where they had first to be accepted, and when, at maturity, presented for payment and the money so received, all in silver dollars, was transported through a country full of robbers, with great personal risk; yet this duty, extraordinary and responsible as it was, was performed without the loss of a dollar to the government. The act of Congress approved March 3, 1849, allowed all officers or other persons engaged as collectors or receivers in any of the Mexican ports to retain so much of the amounts so received by them as might, in the opinion of the President, be considered a fair compensation for said services, and had Colonel Randall so paid himself, it is conceded he would have been fully justified by that act; but having paid over the whole amount he received, he is compelled to apply to Congress for compensation. Under the act of 18th August, 1856, the memorialist was paid a commission upon $112,059, so that for the balance, $218,429 63, he also claims a commission, and the committee have agreed to allow the smallest rate (1 per cent.) ever allowed for such services. At the last session of Congress an act was passed allowing Colonel A. D. Steuart a similar commission for precisely similar services, and there are numerous precedents for the payment of commission of 23 per cent. upon amounts disbursed or received under circumstances by no means more extraordinary, or attended with greater danger and responsibility than surround this case. The committee, therefore, report a bill for the memorialist's relief. |