1st Session. No. 179. IN THE SENATE OF THE UNITED STATES. APRIL 13, 1858.-Ordered to be printed. Mr. BENJAMIN made the following REPORT. [To accompany Bill S. 259.] The Committee on Private Land Claims, to whom was referred the memorial of Agnes Slack and the heirs of M. Repentigny, praying confirmation of title to certain lands, report: That on examination of the titles filed by the memorialists, your committee is satisfied of the authenticity of the titles and of their legal validity They form a complete chain emanating directly from the king, and your committee would feel no hesitation in recommending the confirmation, but for the fact of a former adverse report from a committee of the Senate. The extent of land claimed is large, adverse rights have grown up, and certain questions which the committee would be disposed to decide in favor of the memorialists are determined adversely to their pretensions in the former report alluded to. Under the circumstances the committee believe that justice would be done by allowing the memorialists to assert their title in an action at law or in equity against the government, and they respectfully recommend the passage of the accompanying bill for that purpose. The memorialists having expressed a willingness to take other lands in the place of those now in possession of adverse claimants, the committee also report a provision by which, in the event of the success of the memorialists in their suit against the government, parties in possession shall be protected, and the memorialists authorized to enter other lands in the place of those now held by third persons. IN THE SENATE OF THE UNITED STATES. APRIL 13, 1858.-Ordered to be printed. Mr. EVANS submitted the following REPORT. The Committee on Revolutionary Claims, to whom was referred the petition of Elizabeth A. Middleton, praying to be allowed a sum of money expended by her father, Captain Belair Posey, during the revolutionary war, having had the same under consideration, submit the following report: Captain Belair Posey was a captain in the troops marched to New Jersey, called the Flying Camp. He received from the council of Maryland money to pay his troops in 1777. his troops in 1777. He marched to Philadelphia, where a month's pay for his company was paid him by order of Congress. He did not pay over the money to his company and the reason assigned was, that he thought the men had as much money as was necessary for them. He marched from thence to Elizabethtown, at which place the sum of £180 15s. 6d. was stolen from his trunk in the night time, notwithstanding he used every care and precaution for its safe keeping. He paid the troops all the money he received, and applied to the legislature of Maryland to reimburse the money so lost. The committee of claims of that State reported against the claim, and it was disallowed. The committee say in their report that the facts stated in his petition were doubtless true, and if he had lost the money before he arrived at Philadelphia, where he should have paid it, he would have been entitled to relief; but as he kept the money in his possession after that time, it was at his own risk. This report was made the 4th of March, 1777. It does not appear from the papers that any subsequent application was made to Maryland, and the case is now presented to Congress for the first time. Eighty years have elapsed since this application was made to the State of Maryland. It may have been a meritorious case, and Congress have in many cases relieved those with whom public money was deposited, under like circumstances; but there should be some limitation of time to these old demands. The very fact of delay, unaccounted for, is calculated to excite a prejudice. Your committee think it unwise to open a door to antiquated cases of this kind, and recommend that the prayer of the petitioner be refused. |