that the petitioner himself occupied or cultivated the premises on or previous to the first of January. If the claimant would bring himself within the rule he must show a compliance with the law, both as to acts done and the time of their performance, and not leave it to be inferred from evasive or doubtful statements. The petition, indeed, shows that after Colonel Butler took possession, near the close of the year 1824, or early in 1825, he had cleared and enclosed a garden, yard, and stable lot,' &c., leaving the inference that there was no such clearing before that time, and failing to allege such possession in the petition on or before the first of January. The alleged purchase of Crane's improvements is not well substantiated by the papers in the case; nor, if it was, could the assignment of his possession before it was proved up, and, indeed, before the enactment of any law authorizing pre-emption rights, sustain the claim of the assignee. From a full consideration of the whole case, the committec are of opinion that no rights, either legal or equitable, are shown by Colonel Butler, which entitle him to indemnity in the case. They therefore recommend the adoption of the following resolution: Resolved, That the prayer of the petitioner ought not to be granted. 1st Session. No. 32. IN SENATE OF THE UNITED STATES. FEBRUARY 4, 1850. Mr. NORRIS made the following REPORT: The Committee of Claims, to whom were referred the papers relating to the claim of Doctor B. F. Mullen, report: The claimant asks to be allowed the sum of $84, which he alleges is due him as acting surgeon, Ohio regiment, in the late war with Mexico. This amount, he says, was kept back because he did not make satisfactory returns of medicines, &c.; and then says, "Why I did not make proper returns was this: at Marin, when that place was attacked by General Urrea, I received an order to destroy all medicines and hospital stores under my charge, to prevent them from falling into the hands of the enemy. In the confusion my papers, &c., were lost or burnt; and, consequently, I was unable to determine how much was destroyed, or how much issued." It does not appear what officer gave the order, nor that it was executed by the claimant. If such order was given and executed, it seems it should be proved, or some reason assigned why no proof can be had. As this explanation of the claimant was unsatisfactory to the department, it is so to the committee. The claimant also asks $150 for a horse which he says died in crossing the gulf, when he was attached to the 5th Indiana volunteers, commanded by Colonel Lane. In regard to this, claimant, in his letter to Senator Bright, of November 10, 1848, filed among the papers in the case, says: "Colonel Lane will send you a certificate that the animal was lost in the service." No such certificate appears; nor does it appear from any other source, not even from the claimant himself, that the horse was ever in the service of the United States. The claimant further asks the sum of $600 for six months' extra pay, as acting assistant surgeon in the Mexican war. There being no evidence in support of this claim, the committee are at a loss to determine upon what ground it can be supposed to rest, except it be upon the ground sug gested by the claimant himself, that he is entitled to it because he was not a commissioned staff-officer. The committee do not think that a valid reason for allowing extra pay. 1st Session. No. 33. IN SENATE OF THE UNITED STATES. FEBRUARY 4, 1850. Submitted, and ordered to be printed. Mr. JONES made the following REPORT: [To accompany bill S. No. 92.] The Committee on Pensions, to whom was referred, on the 23d ultimo, the petition of John Mitchell, praying for an increase of his pension, ask leave to report thereon as follows: The petitioner, while engaged in the service of the United States on board a transport vessel, during the war with Mexico, was ordered by his commanding officer, on receiving the news of one of our victories, to assist in firing a salute; and in the discharge of this duty, owing to the carelessness or inefficiency of one of the gunners, fire was left in the cannon; and ou ramming home the charge, it exploded; by which accident, both the petitioner's arms were destroyed. An act, approved 29th May, 1848, places the petitioner on the invalid pension roll at the rate of ten dollars per month, during his natural life— an amount quite inadequate, in the opinion of your committee, for the maintenance of a man who, in the language of the petitioner, "is unable to take one mouthful of food without assistance." The committee, therefore, agree in reporting a bill for his relief. |