signed cannot but consider it as a just and equitable claim against the government, in consequence of the unusual and extraordinary responsi bilities he assumed while on duty as principal quartermaster in the Cherokee nation. The funds placed in his hands, amounting to nearly $700,000, owing to the system of accountability he established, were disbursed in such a manner that the government lost nothing by the defal cation of agents, whom it became necessary to employ from time to time, in furnishing supplies, providing transportation, &c., at the various posts in the Cherokee nation. His duties were, arduous in the extreme, as the several commanding officers, under whose orders he was acting, can testify; and as the money expended, upon which he claims a per centum, was out of an appropriation distinct from the regular army appro priation, he considers it, to say the least, equitable, and that it ought to be allowed. "A. R. HETZEL, 'Captain and Assistant Quartermaster." 1st Session. No. 74. IN SENATE OF THE UNITED STATES. FEBRUARY 25, 1850. Mr. YULEE made the following REPORT: The Committee on Naval Affairs, to whom was referred the petition of John S. Van Dyke, report: That the petitioner, John S. Van Dyke, of Philadelphia, represents himself to be the legal representative of Henry Van Dyke, formerly a midshipman in the United States navy, and alleges that Henry Van Dyke was entitled to a share in the prize money of the Insurgent, a French frigate captured by the Constellation in 1799, and of two schooners, the Retaliation and Levant, also captured by the Constellation; that the said Midshipman Van Dyke gave to his mother, Charlotte Van Dyke, of Philadelphia, a power of attorney to receive his share in the said prizes, but that it was never paid to her. He asks that the amount be paid to him. It appears, by letters from the Fourth Auditor of the Treasury, dated respectively April 24, 1841, April 30, 1841, and May 12, 1841-all of them addressed to the petitioner, John S. Van Dyke-that the prize money, eighty-four thousand five hundred dollars, appropriated by Congress for the purchase of l'Insurgente, was paid over to Charles Biddle, esq., of Philadelphia, the prize agent of the captors, who was not required to render any account to the office of the "Accountant of the Navy," or to that of the Fourth Auditor, showing the payments made by him in the distribution of said prize money among the officers and crew of the Constellation. There is not, therefore, on the files of any department of the government, any evidence that Midshipman Van Dyke, by himself or assignee, did not receive his due share of prize money. The petitioner offers no proof whatever that Mr. Biddle was not the authorized agent of the officers and crew of the Constellation, (Midshipman Van Dyke among the rest,) nor any proof that Mr. Biddle failed to pay over the share due to Midshipman Van Dyke, in person or to his assignee. In the absence of any contrary evidence, the committee take for granted that the Navy Department was put in possession of sufficient evidence of Mr. Biddle's being the regularly constituted agent of the captors. In relation to the other captures alleged in the petition, the Fourth Auditor states there is no information in his office; and the petitioner offers no such information from other sources as can be made the basis of action by Congress. The committee recommend the following resolution: Resolved, That the prayer of the petitioner ought not to be granted. The Committee on Public Lands, to whom was referred the memorial of the legislature of Alabama, asking that certain public lands reserved in that State for naval purposes may be exposed for sale, respectfully report: That in reply to an application to the Commissioner of the General Land Office for information on the subject of the memorial, they have received the communication hereto appended; and in accordance with the recommendation of that officer, they herewith report a bill embracing in its provisions the several cases therein mentioned. GENERAL LAND OFFICE, February 22, 1850. SIR: I have the honor to acknowledge the receipt of the memorial of the legislature of Alabama, referred by you to this office on the 20th instant, and in reference thereto beg leave to state, that in view of the facts set forth in that memorial, it is highly expedient that the legislation therein requested should be had. There are many other cases, however, of a like character which materially retard the settlement of certain of the public lands, and where, as in this case, the lands being no longer required for the purposes for which they were reserved, should be brought into market. So far as these naval reservations are concerned, there is no authority for the sale of them when their reservation is no longer necessary or expedient. The War Department is authorized by the act of 1819 to sell military reservations, when they are no longer required; but in view of the difficulties experienced in these matters, it has been deemed expedient to delegate to this office the power to dispose of all such lands, as set forth in the last annual report. A bill for this purpose was presented to Congress, of which I enclose you a copy, but it was not passed for want of time. Should it meet your approbation, I am satisfied that the passage of it will enable this office to afford relief in all cases of this character. The memorial of the legislature of Alabama is returned. With great respect, your obedient servant, Hon. A. FELCH, J. BUTTERFIELD, Commissioner. Chairman Committee Public Lands, United States Senate. |