1st Session.

No. 113.

IN SENATE OF THE UNITED STATES.

APRIL 29, 1850.

Submitted, and ordered to be printed.

Mr. Downs made the following

REPORT:

[To accompany bill S. No. 207.]

The Committee on the Judiciary, to whom was referred the petition of Elizabeth L. Blackburn, relict of the late Felix G. Bosworth, a paymaster in the United States army, praying to be released from a certain judgment rendered against her as one of his securities, report:

That Major Bosworth was appointed a paymaster in the army in April, 1847, and arrived in Vera Cruz, in the discharge of his duties, during the month of May of that year; that he died of yellow fever, at that place, on the 9th of June, 1847; that his clerk, Mr. Campbell, died of the same disease three days before him; that his brother, Benjamin Bosworth, who was also with him, was attacked about the same time with the same disease, recovered at that time, but died after his return home; that Dr. Dashiell, the physician who attended him in his last illness, Captain Page, a friend who was with him in his last moments and bore his last message of affection to his family, Captain Hetzel, the quartermaster, to whom was delivered the money and other effects belonging to government in the office of Major Bosworth at his death, have all since died; that Colonel Wilson, governor of Vera Cruz, and, in fact, every friend about his person at the time of his death, are now dead, except a Mexican servant, who has disappeared in Mexico, the petitioner knows not where; that the trunk of Major Bosworth, with all of his papers and vouchers in it, (except such as were delivered over to the quartermaster with the money,) with his wearing apparel, and a considerable sum of money in gold, was sent to his widow with the body of the deceased by his brother and negro servant; that this trunk, though carefully packed up and locked, was necessarily often, on the sea voyage from Vera Cruz, and up the river from New Orleans to Lake Providence, out of their immediate control, and, when it was delivered to the widow, was found to have been broken open, all the money and much of the clothing and books and papers in it being missing. On the first adjustment of the accounts of Major Bosworth, the whole of the $50,000 that had been placed in his hands for disbursement was accounted for, except $2,362 49; and for this balance, in the absence of all legal evidence showing other disbursements, judgment was rendered against the widow for that amount, though the district attorney, and all who heard the case, were of opinion that the circumstances were so peculiar, and the presumption so great

that some of the vouchers or money, or both, had been lost, as to make it a strong case for the equitable interposition of Congress. In corroboration of this opinion, other vouchers were afterwards found, on which the balance was reduced to $1,672 49; from which sum the petitioner now prays to be discharged.

The committee are of opinion that the prayer of the petitioner ought to be granted. The circumstances of the case are so peculiar that there is no danger that it will become a precedent for other cases less just and equitable. Indeed, the committee are of opinion that the government has been exceedingly fortunate, under the awful events in which the death of its officer took place, and which are detailed in her papers, in securing so near the whole amount of the large sum of money intrusted to him. The committee, therefore, report a bill, and recommend its passage.

WASHINGTON CITY, January 31, 1850.

DEAR SIR: While attorney of the United States for the district of Louisiana, I brought suit, on the bond of Felix G. Bosworth, to recover the amount of a balance ascertained to be due to the government by him, as paymaster in the United States army. You are aware that Major Bosworth died of yellow fever, while in service at Vera Cruz, and that all the persons who were then in his employment, or attendant upon him, save a colored servant, incapacitated from testifying, are also deceased; so that the facts of his case, whatever they were, cannot now be made known. The suit against him went to judgment without any special defence. I learned from various sources, then deemed by me worthy of credit, although not amounting to legal proof, that Major Bosworth, at the time of his death, left behind the whole amount of money he had received, less what had been disbursed according to law; and I was convinced that the deficiency was caused after his decease. These facts were, of course, no defence to an action on the bond, but I consider them as a most proper foundation on which to rest a claim to the interference of Congress.

I have the honor to be, most respectfully, your very obedient servant, THOMAS J. DURANT.

Hon. S. W. Downs,

United States Senate.

PAYMASTER GENERAL'S OFFICE,
February 13, 1850.

SIR: In compliance with my promise, I have the honor to furnish you the following facts connected with late Paymaster Bosworth's accounts: Upon entering on duty, Major Bosworth received from the pay depart ment $50,000, for which sum he was accountable. He accepted his ap pointment on the 20th of March, 1847, and died on the 9th of June, 1847, at Vera Cruz, on which dates his pay commences and terminates. His brother was with him as his clerk at the time of his death, and turned over to Captain Hetzel, assistant quartermaster, $43,511 70. (See copy of

B. F. Bosworth's letter herewith.) Part of the vouchers mentioned. therein were transmitted by C. B. Richardson, administrator of F. G. Bosworth, amounting to $3,799 33, and not to $4,072 19, as stated; the discrepancy arises from charging some of the payments twice, on duplicate vouchers. Captain Jordan wrote to me, from Vera Cruz, on the 31st of July, 1848, as follows: "General: At the winding up of my affairs at this point, I find in my iron chest the package of papers enclosed herewith, which I presume may be of service in the settlement of the late Major Bosworth's accounts." Duplicates of these were furnished the Second Auditor, and have been credited by him in stating Major Bosworth's account.

I send you herewith a statement showing all the credits to which Major Bosworth's estate is entitled on account of services rendered and payments made, so far as vouchers have been rendered. This leaves a balance due the United States of $1,672 49, for which amount only suit should be brought.

Respectfully, your obedient servant,

Hon. S. W. Downs,

N. TOWSON,

Paymaster General.

United States Senate.

Statement of the account of late Paymaster F. G. Bosworth with the United States.

To amount of public funds placed in his hands by Lieutenant Colonel Larned, deputy paymaster general, May 7,

1847

To amount received of Captain Gardiner, May 28, 1847

Total received

By amount turned over to Captain Hetzel, quartermaster, June 10, 1847

By amount of vouchers transmitted by ad

ministrator

$50,000 00 4 90

50,001 90

$43,511 70

3,799 33

47,311 03

Be it known, that, on this day, I, Alonzo Snyder, judge of the tenth judicial district of the State of Louisiana, which district includes the parish of Carroll, did cause to come before me Mrs. Elizabeth L. Blackburn, late wife and widow of Major Felix Bosworth, and, after having first duly sworn her, did reduce her deposition to writing, which is as follows, to wit: Deponent states that she was the wife and widow of the late Major Felix Bosworth; that he was commissioned as paymaster, with the rank of major, in the army of the United States, about the day

of A. D. 1847; that he left home about the first of May, 1847, for New Orleans, and sailed some time afterwards for Vera Cruz; and, as the time of his absence was uncertain, he had an abundant supply of everything necessary for a gentleman's toilet. He was panied by his brother, Benjamin F. Bosworth, (a dissipated, reckless young man,) Mr. Campbell, his clerk, and two servants, Africa and Reuben, who are faithful, trusty family servants, raised by my mother. Africa was his personal attendant, and Reuben his cook. When he left home he had not taken charge of any of the government funds, but had about one thousand dollars of his own with him. After reaching New Orleans, he enclosed one hundred dollars to me, saying his camp equi page had not cost him as much as he expected it would, and I never heard from him afterwards until his body was brought home in the latter part of June, A. D. 1847. He died on the 9th of June, 1847, of vomito or yellow fever. Mr. Campbell, his clerk, died four or five days before, and his brother and his servant Reuben both had the same disease, and came home in a very feeble condition. His trunk was not locked when it came home, and there were marks of sealing-wax about the key-hole; it looked as if it had been sealed. I immediately sent for Mr. Charles B. Richardson: he is a man of unblemished reputation, and was an intrmate friend of Major Bosworth. Having no relatives, I was in the habit of asking his advice in all important business transactions. He had everything sealed up; and, some weeks afterwards, they were opened. and an inventory taken. I was present when the trunk was opened. It contained very little clothing, and the papers were in the utmost confusion-his watch, gold pen, and purse, &c., &c., all missing, and not a cent of money remaining therein. He took from home about fifty volumes of miscellaneous books; and two volumes came back. There were no private memorandums or anything of the kind.

A few weeks after his death, Captain Page, a merchant from Vera Cruz, formerly of Natchez, Mississippi, came to see me, and said he had promised Major Bosworth to inform me of the particulars of his death. He told me that no one suspected the nature of Major Bosworth's disease, until he had black vomit, a short time before his death; that he was talking with a friend when the black vomit gushed from his mouth; he seemed unmanned for a few minutes, and then commenced preparing for death. He had all the boxes of money that were in his room sealed up, and ordered it to be paid over to the quartermaster, Captain Hetzel. There was no other officer qualified to receive it in Vera Cruz-no other that had given bond. He told Captain Page to sell his camp equipage, and send the money to me; that everything else must be sent to me; that most of the public money and many of his papers were in his office-to pay that money over to Captain Hetzel, and send the papers, &c., to me. Captain Page said he remained with Major Bosworth until he died; he then went to make arrangements for a coffin, &c. When he returned, some hours afterwards, he found the room deserted and almost everything gone. He had some boxes of money he found in his room moved to the paymaster's office; he did not know whether any of it was missing, as, in the confusion that occurred, he did not remember how many there were; that he became alarmed and did not go back; that B. F. Bosworth was ill with the yellow fever, and was found that evening wandering about the streets, delirious from fear and excitement. He afterwards learned that the corpse of my husband was taken into the court or yard of the house the night after he died, by some Mexicans, and there remained until Colonel Wilson interfered and had it put on board of a ship to be sent to me. Captain Page said he did not see the money delivered to Captain Hetzel; that he was afraid to stir about for fear of the yellow fever; that Major Bosworth's greatest anxiety was respecting the government funds and his papers; that he told him, not an hour before his death, while talking to him, of his wife and children, and sending messages of love and affection to them; that his wife, thank God, would have no trouble with the government. Dr. Dashiell, his attendant physician, told Thomas P. Farrar, esq., the same story, a few weeks afterwards, in New Orleans. Dr. Dashiell was then in a dying condition from disease contracted in Vera Cruz. Captain Page was drowned in the Rio Grande. Colonel Wilson died at Vera Cruz. Captain Hetzel died about the same time, on his way to Washington. B. F. Bosworth died in this parish. Captain Page made the above statement to B. M. Browder, as well as myself. Mr. Campbell, Major Bosworth, Colonel Wilson, and Captain Hetzel, all died in a few weeks. Captain Page also stated to me that he saw Major Bosworth's sword, but did not then recollect where. None of the articles or money which Major Bosworth requested to be sent home to me ever came to hand; and every white person who was present during the last illness and at the death of Major Bosworth is now dead, except a Mexican by the name of St. Jago, and I do not know what has becoine of him.

E. L. BLACKBURN.

Sworn to and subscribed before me, this the 23d day of December,

A. D. 1849.

ALONZO SNYDER, Judge Tenth Judicial District.