IN THE SENATE OF THE UNITED STATES. APRIL 13, 1858.-Ordered to be printed. Mr. EVANS Submitted the following REPORT. The Committee on Revolutionary Claims, to whom was referred the petition of Nancy Hammond, daughter of James Dennison, an officer in the army of the revolution, having had the same under consideration, submit the following report: It appears from the petition and the evidence that James Dennison was a captain in the 6th regiment of New York militia, raised in the manor of Van Renselaerwick; that in that capacity he performed service in apprehending disaffected persons, and that his house was the resort of the whigs of that section when called into service. That he marched with his company into the western part of the State, where he was attacked with the small-pox, of which he died, leaving a widow and five children, who are all dead except the petitioner, who is now old, poor, and infirm. She asks that she may be allowed a sum of money for her maintainance, or land. Captain Dennison was a militia officer, and his case does not come within the resolution of Congress of 1780, giving half-pay to the widow and children of those officers of the continental army who were killed or died in battle. Neither is it embraced within any of the pension laws. These provide only for the soldier himself and to his widow. Your committee therefore recommend that the prayer of the petition be refused. The Committee on Revolutionary Claims to whom was referred the petition of Catharine Lydia McLeod, only surviving heir of Ebenezer Markham, having had the same under consideration, beg leave to submit the following report : The petitioner is the daughter and only surviving heir of Ebenezer Markham. That at the breaking out of the American revolution her father was a merchant residing at Montreal, and warmly espoused the cause of the rebels, as they were called; that her father, in consequence, was seized and imprisoned for a long time at various periods of the war; that after or during the struggle for independence he removed to the United States and settled, first in New York, on a piece of land, 320 acres, given by the said State, which was poor and of little value; that he afterwards settled in Vermont, where he was sued for his old debts contracted whilst he resided in Canada, and imprisoned until his death in 1818, as he was unable to pay. The above is a summary of the facts stated in the petition. The evidence, though not very satisfactory, is perhaps the best which can now be produced. Your committee, heretofore, have been constrained to report against these antiquated claims. If the facts stated be true, the said Ebenezer Markham was treated with great severity by the enemy on account of his principles; but hundreds of others suffered as much in defence of civil liberty, and if the treasury should be opened to all who suffered in person and property during that memorable struggle for independence it would soon be empty. After a lapse of 75 years, your committee do not feel at liberty to recommend the petitioner's case to the favorable consideration of Congress, and, therefore, ask to be discharged from the further consideration of it. 1st Session. No. 183. IN THE SENATE OF THE UNITED STATES. APRIL 13, 1858.-Ordered to be printed. Mr. POLK submitted the following REPORT. The Committee on Claims have had the claim of Richard G. Dove under consideration, and beg leave to report: That this claim has already been twice reported against by the Committee on Claims of the Senate. The petitioner seems to think that because the Third Auditor might, under the authority of law, have contracted to give him a larger compensation than, in point of fact he did contract to give him, therefore, the petitioner ought to receive compensation for his services as assistant messenger up to the maximum limit to which the law allowed the Third Auditor to go. The committee by no means accede to any such position. They think the compensation of assistant messenger was matter of contract between him and the Third Auditor, and that the rate of compensation was fixed in this case between them; and that the petitioner has received the full amount of compensation so agreed upon between them, and that, too, without protest or objection at the time. For the period from the first of July to the 14th of October, 1839, the compensation which the Third Auditor was willing to pay, being less than the petitioner was willing to receive, the latter quit the service in which he had been engaged. At the last named date he re-entered it again at an increased rate of compensation which he was willing to take, and so continued in the service at rates of compensation which the Third Auditor was willing to allow and which he was willing to receive. The committee adopt the report submitted on this claim on the 19th of April, 1848, by the Committee on Claims, through Mr. Underwood, as follows: "That Richard G. Dove, formerly assistant messenger in the office of Third Auditor of the Treasury, states that, while in service he did not receive so much as Congress annually appropriated to pay the assistant messenger. He claims the full amount of the appropriation, to wit: at the rate of $400 per annum during his service, subject to a credit for the amount paid him. This claim is based upon the idea that the petitioner was an officer of the government with an annual |
