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1st Session.

No. 164.

IN SENATE OF THE UNITED STATES.

JULY 16, 1850.

Submitted, and ordered to be printed.

Mr. BALDWIN made the following

REPORT:

[To accompany bill H. R. No. 14.]

The Committee of Claims, to whom was referred the consideration of the bill from the House of Representatives entitled "An act for the relief of Gideon Walker," having had the same under consideration, with the accompanying evidence, report:

That it appears, by a letter of the Third Auditor, dated December 20, 1845, that books of balances due to dead and discharged soldiers, from the year 1790 to the year 1814 inclusive, have been regularly kept and preserved; and that upon the settlement of every paymaster's account, a credit of so much, only, as was paid on the rolls was allowed, and that the balances remaining unpaid were immediately entered to the credit of the soldiers in those books, but that the name of Gideon Walker does not appear thereon. It appears from a muster roll of the company to which he was originally attached, found on file, that Gideon Walker enlisted as a private on the 9th of May, 1792, for three years, and is reported "recruiting in Pennsylvania-transferred to Captain Heth's company 1st March, 1793.” The committee are of opinion that the presumption of payment arising from the fact that the name of Gideon Walker does not appear on the books of balances due to discharged soldiers, which have been preserved from a period anterior to his enlistment, as well as from the lapse of time, is not repelled by any evidence on which it would be safe to rely. They therefore do not recommend the passage of the bill.

1st Session.

No. 165.

IN SENATE OF THE UNITED STATES.

JULY 17, 1850.

Submitted, and ordered to be printed.

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Mr. Downs made the following

REPORT:

[To accompany bill S. No. £85.]

The Committee on Private Land Claims, having had under consideration ⚫ the claim of Martin Fenwick for five hundred arpens, being that entered as No. 151 in the second class of the late board in Missouri, as printed in Senate Doc. 16, 1st session 24th Congress, pages 399, 400, 401, respectfully report :

The committee find that the late board in Missouri reported against. his claim on the ground that an alteration had been made in the original petition to the Spanish lieutenant governor, "thus increasing the distance for location of grant several miles," and that the conditions had not been complied with.

The petitioner represents that the application for a confirmation of this claim to the late board was not made by him, "or his authority, nor was he acquainted with those proceedings until recently informed thereof by one who referred him to them. From the statements made in regard to this claim and among others that, from his personal knowledge, of the late Commissioner Young, in his letter of the 1st January, 1845, to Hon. R. Johnston-the committee are satisfied that the present case is entitled to the favorable consideration of Congress as an ancient settlement claim; and they accordingly report a bill to confirm the same, avoiding interference with any pre-existing adverse rights.

1st Session.

No. 166

IN SENATE OF THE UNITED STATES.

JULY 17, 1850.

Submitted, and ordered to be printed.

Mr. Downs made the following

REPORT:

[To accompany bill S. No. 286]

The Committee on Private Land Claims, to whom was referred the petition of Thomas H. McManus, praying to be allowed to enter, by way of pre-emption, a certain tract of land, on which he resides, report:

That, from the facts stated in the petition, and which are sustained by the evidence filed with it, and which petition is annexed to and made a part of this report, the committee are of opinion that the prayer of the petition ought to be granted, and report a bill accordingly.

To the honorable the Senate and House of Representatives of the United States of America in Congress assembled:

The memorial of Thomas H. McManus, of the parish of East Feliciana, and State of Louisiana, respectfully represents, that your memorialist is in possession of a tract of land, situated in said parish of East Feliciana, on the waters of Black creek, in township 1, range 3, of lands in the district of Greensburg, entered as a pre-emption claim by Warren C. Whitaker, at said Greensburg, on the fifteenth day of June, 1839-as will more fully appear by the exhibit marked A, made a part of this memorial.

Your memorialist further represents, that said Warren C. Whitaker made certain improvements upon said tract of land, as shown by said exhibit A, at a cost of, say, $3,000; and that, after the decease of the said Whitaker, viz: on the 23d day of June, A. D. 1843, the said tract of land, or im-provement, was sold at public auction, at the probate sale of the estate of said Warren C. Whitaker, and bought by your memorialist, at the price. and sum of one thousand eight hundred dollars-as will the more fully. appear by exhibit B, made a part hereof.

Your memorialist further represents, that his brother, James McManus, who died without issue, in the year 1840, settled as a pre emption claim a tract of land adjoining the tract of land above described as settled by the said Warren C. Whitaker; that said James McManus cultivated the same until his death, having built a dwelling-house and made other improvements upon the same; and that he made the proper declaration at the land

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