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CONGRESS,

CONGRESS

THOMAS HASSAM AND B. S. BREWSTER.

[To accompany Bill H. R. No. 573.]

MAY 14, 1858.

Mr. DAVIDSON, from the Committee of Claims, made the following

REPORT.

The Committee of Claims, to whom was referred the petition of Thomas Hassam and B. S. Brewster, asking pay for services as local inspectors of steam vessels and boats at New Orleans, have had the same under consideration, and beg leave to report:

The petitioners were appointed inspectors of hulls and boilers, on the 3d day of December, A. D. 1852, under the 9th section of the act of Congress approved August 20, 1852. They immediately entered upon the discharge of their official duties, but neglected taking the oath required of them until the 12th day of May, 1853. The supervising inspector testifies: "That on the 3d day of December, 1852, Thomas Hassam and B. S. Brewster were designated as inspectors of hulls and boilers, and that immediately after their designation they went to work in discharge of the duties of the offices to which they had been designated, by preparing steamboats for inspection and other preliminary work." This statement is sworn to by Mr. P. H. Skipwith, supervising inspector. The treasury circular of July 20, 1829, says: "Compensation cannot be allowed until these requisitions (oath of office) are complied with." The account of petitioners was therefore rejected for the services rendered from December 3 to May 12 following, and it is for this compensation they now ask.

Your committee think it very clear that these inspectors are entitled to pay from the time they entered upon the discharge of their official duties, nor does the Treasury Department resist the claim as unjust, but only cut off by the official circular above quoted. Your committee therefore report the accompanying bill for the relief of the petitioners, and recommend its passage.

CERTAIN LAND TITLES IN MAINE.
[To accompany Bill H. R. No. 574.]

MAY 14, 1858.

Mr. MAYNARD, from the Committee of Claims, made the following

REPORT.

The Committee of Claims, to whom was referred the memorial of George M. Weston, commissioner of the State of Maine, for relief of certain citizens of Maine, have had the same under consideration and beg leave to report:

That during the third session of the thirty-fourth Congress this claim was very thoroughly examined by the Committee of Claims, and a report made by the Hon. Mr. Knowlton, but no action was had, owing to the want of time. Your committee have again examined with great care the whole case, and have adopted as their report the annexed report of Mr. Knowlton, and also report the accompanying bill, being the same reported to the last Congress, and recommend its passage.

"It appears, from the testimony in this case, that the title of 8,434 acres of land in the Eaton Grant and Plymouth township was transferred from the private proprietors of the same to the settlers in possession by the operation of the fourth article of the treaty of Washington. Private property having thus been taken for public uses, the principles of justice and the express requirements of the Constitution impose upon this government the duty of making compensation for the property so taken. The principle involved is the same as in the case of Josiah S. Little, a resolve for whose relief was unanimously agreed to by this House at its first session.

It further appears, from the testimony in this case, that the valuable pine timber upon the Eaton Grant and the Plymouth township was subjected to extensive depredations, commencing about the year 1833; that those depredations were committed by the citizens of New Brunswick, and that the owners were disabled from protecting their property in consequence of an arrangement entered into between the United States and Great Britain in 1832, by which the jurisdiction of Maine over this part of the so-called "disputed territory" was agreed to be suspended until the final termination of the controversy. While Maine did not admit the authority of the United States to bind her

by any such arrangement, it appears that she did, in deference to the wishes and solicitation of the United States, forbear to assert her jurisdiction, even against trespassers, until the year 1839. It is for the losses of timber suffered during this period, from 1832 to 1839, and in consequence of an arrangement of this government suspending the jurisdiction of Maine, that the parties injured now ask compensation.

From public considerations connected with the peace of the country, their property was placed out of that protection of the laws which is the common right of all our citizens, and their claim to be indemnified for resulting losses would seem to be well founded.

The amount of their losses would seem, from the testimony, to have been larger than the sum proposed to be allowed them in the accompanying bill, with which sum, however, the commissioner of Maine has expressed himself satisfied.

In addition to the other testimony, the committee have been furnished with a copy of the report of N. C. Towle, who, under authority of the United States Senate, given in July last, made a personal examination on the spot of the facts upon which this case rests. The result of Mr. Towle's inquiries, very clearly stated by him, are appended to this report.

It appears that the half township known as the Eaton Grant, and the township known as the Plymouth township, were the only lands granted to individuals in that part of the so-called "disputed territory," from which the jurisdiction of Maine was ousted by the arrangement of 1832, until this jurisdiction was again successfully asserted in 1839. They are the only private lands, therefore, in respect to which a claim for the loss of timber can arise.

The testimony as to the extent and value of the lands belonging to individuals transferred to New Brunswick by the adoption of a new eastern boundary of Maine, commencing at the source of the St. Croix, is not sufficiently full and definite to justify a report upon that part of the memorial of the commissioner of Maine."

THOMAS S. SPRAGUE.

MAY 14, 1858.

Mr. MAYNARD, from the Committee of Claims, made the following

REPORT.

The Committee of Claims, to whom was referred the petition of Thomas S. Sprague, "praying that an allowance may be made for aduitional services as deputy marshal of the district of Michigan," have had the same under consideration and beg leave to report:

That it appears petitioner was in the employment of the United States in the year A. D. 1851, and whilst so employed performed certain services in connexion with the "timber depredations," in the northern part of Michigan. For these services he claimed the sum of $212, and presented his account to Mr. Theodore Titus-then the government "timber agent" in Michigan-for payment. Mr. Titus declined paying it, and Mr. Sprague sought payment of the Interior Department; when being again denied payment, he sought relief of Congress, referring in his petition to his papers on file in the department. Your committee asked official information on the subject, and received the following reply:

GENERAL LAND OFFICE,
April 15, 1858.

SIR: In answer to the letter of the 3d ultimo of the Hon. S. S. Marshall, chairman of the Committee of Claims, referred to this office on the 14th inst., requesting to be furnished in regard to the petition of Thomas S. Sprague, late deputy marshal for Michigan, I have the honor to submit the following statement:

On the 27th February, 1855, the First Comptroller of the Treasury referred to this office the account of Mr. Sprague, at the instance of his attorney, M. Leamen, claiming $212 for services "in looking after trespassers on the public lands." On examining the files, several letters relating to this claim were found as far back as 1851 and 1852, from Mr. Sprague, George C. Bates, late district attorney, and Mr. Titus, late timber agent for the State of Michigan; also an account of Mr. Sprague, claiming as due him the sum of $191 03, sworn to on the 7th February, 1852. Attached to this account are several letters dated in August, 1851, from the United States marshal and Mr. Bates, addressed to Mr. Sprague on the subject of his duties, and confirmatory of his being in the employ of the United States.

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