WILLIAM FORSYTHE. MARCH 22, 1830. Mr. WHITTLESEY, from the Committee of Claims, made the following REPORT: The Committee of Claims, to which was referred the petition of Wil liam Forsythe, report: That the petitioner asks to be paid the following account: The United States to William Forsythe, Dr. To one stable, 26 feet long, and 22 feet wide, 12 feet high, covered with boards, floored with oak plank, containing 1,152 feet of fluted timber, estimated at $281. To which is affixed the following certificate, to wit: "I certify, that the above account is correct, and that a stable of the size and description therein contained, was taken from William Forsythe, for the use of the United States' military post at Sandwich. "March 26, 1814." On which is the following order, to wit: "JOEL COLLINS, "DETROIT, 23d January, 1815. "The Quartermaster General Department at Detroit will settle the within demand of W. Forsythe, as certified by Captain J. Collins. "C. GRATIOT, "Col. U. S. Com'd. &c." The petitioner states, that Captain Collins agreed with him for the stable to fit up his quarters, and was to pay at what it should be appraised; that it was estimated by men selected, at $281; that he called on Captain McClaskey several times for payment, who declined to satisfy it, because he was not in funds; that he sent the account to Washington many years ago, to obtain the money; that it was out of his possession for several years; and that he presented it this year at the Third Auditor's Office, who returned it as inadmissible. He has made oath that he has not received any compensation for the claim. The committee addressed a letter to Col. Gratiot, and requested him to communicate any information in his possession, relative to the claim. He states in his answer, that he now has no distinct recollection of the circumstances, but at the time, must have supposed that the claim was just. It appears to the committee, that this claim rests on a contract, and that it makes no difference whether the contract was made within the territory of the enemy, or within our own territory. If we deny to the enemy the right of taking the property of our citizens, and refuse to remunerate them for losses they may have sustained by depredations committed, this Government should at least fulfil the contracts of her officers, when articles are purchased, that are necessary for the comfort of our own troops. It was supposed at the time, by Col. Gratiot, who must have known all the circumstances, that the claim was just, or he would not have given an order for its payment. The committee present herewith a bill, and recommend its passage. 1st Session. PERCIA TUPPER. MARCH 22, 1830. Mr. LEA, from the committee of Claims, made the following REPORT: The Committee of Claims, to which was referred the claim of Percia Tupper, executrix of Samuel Tupper, deceased, report: This claim is for a barn, destroyed by the enemy, on the farm of Samuel Tupper, near the village of Buffalo, on the 30th of December, 1813. It was part of a claim heretofore presented to the Third Auditor, under the general law on this subject. An allowance was made to the amount of $3,120; but this item was rejected, for want of the requisite proof to shew that the occupation of this barn, for military purposes of the United States,. was by order of an officer thereof. There is no doubt that the barn was destroyed by the enemy; and that it was occupied as a place of deposite for military or naval stores, or both, at the time of the destruction, and for a considerable time before; and the value of it, which is proved to have been $450, ought to be paid, if it was thus occupied by order of an officer of the United States. It is proper to remark, that there is proof additional to that which was presented to the Third Auditor, and, in order better to understand the following evidence, it is proper to state that one barn has been paid for, and this claim is for another. John G. Camp, in his affidavit of January 21, 1817, says that he was a Deputy Quartermaster General, "and that he understood, and verily believes, that a barn of the said Samuel, on his farm, was occupied as a store house, for flour purchased and deposited therein, by Col. Thomas, of the Quartermaser's Department, and that a portion thereof was remaining in said barn at the time of its destruction." William Baird, in his affidavit of July 2, 1817, says, "he knows that the barn of Samuel Tupper, Esquire, in the village of Buffalo, and on his farm, was occupied in the military service of the United States, and continued to be occupied in such service, as a place of deposite for the military stores and provisions, until the thirtieth day of December, one thousand eight hundred and thirteen, when it was destroyed by the enemy, and the deponent verily believes the same was occupied by express order of Colonel Thomas, then in the service of the United States." David H. Sharp, in his affidavit of July, 1817, says, "the barn on the farm of said Tupper was also in the military occupation of the United States, by order of Quartermaster General Thomas, as a place of deposite, for flour of the United States, and continued to be a place of such deposite until it was destroyed." John G. Camp, in his affidavit of August 29, 1825, says, "he understood and believes that another barn, belonging to said Tupper, and standing in the field apart from his dwelling house, at the time of the destruction of said village, as abovementioned, was also occupied by the United States in the manner, and for the purposes stated in a former affidavit, made by this depondent in relation to the same building; and that said barn was also occupied, at the time of the destruction thereof, as a place of deposite for military and naval stores, belonging to the United States, by order of Col. Thomas, who was then an officer in the service of the United States." The same witness, in an affidavit of February 26, 1830, says, "that another barn, the property of said Tupper, and situated some distance from his house, was in the use and occupation of the United States, from the month of October, 1812, up to the period of its destruction by the enemy, in the latter part of December, 1813; that there was stored in this last mentioned barn, a quantity of military and naval stores; that part of the property taken from two British vessels, which were cut out from the harbor before Fort Erie, Upper Canada, by Capt. Angus, or Capt. Elliott, in October, 1812, was stored in this barn. I further certify, that I succeeded Col. Thomas in the Quartermaster General's Department, at Buffalo; that this barn was so used at the time, and that the occupancy was continued in the whole or in part, up to the time of its destruction by the enemy; that a quantity of flour was stored in said barn, which was either burned or taken to Canada by the British." David Beard, in his affidavit of January 8, 1830, says, " he was a resident of said village, (Buffalo,) in the months of November and December, in the year 1812; that, during one of those months, in the absence of Samuel Tupper, he, this deponent, was requested by the wife of said Tupper to call upon Col. Thomas, then acting as Deputy Quartermaster General of the United States, to request said Thomas to permit certain articles, the property of said Tupper, to remain in a certain barn, (then the property of said Tupper, and situate on a farm the East side of Main street, in said village, and distant from the dwelling house of said Tupper about sixty rods,) and this deponent further says, that, from the conversation he then held with said Thomas, he clearly understood that said barn had been taken possession of by the order of said Thomas, for the purpose of storing military property; and that there was, at that time, in said barn, a large amount of public and military stores; and that said Thomas told this deponent, that the property of said Tupper might remain until further orders." James Thomas, in his affidavit, of January 12, 1830, says, "in the year eighteen hundred and twelve, he served on the Niagara frontier, as a Deputy Quartermaster, in the army of the United States, and was chief of the Quartermaster's Department, at Buffalo, and on the frontier in the Autumn of 1812, and in the Winter and Spring of 1813; that during that period, the public property, from necessity, was greatly exposed, for want of proper store houses to cover and secure it; that the troops occupied most of the buildings in that place for quarters; and that he was obliged, in many instances, to avail himself of such covering as might be had, of any description, to shelter the property from the weather for a longer or shorter period; that it is, at this time, distinctly within his recollection, that David Beard, whose affidavit is hereto appended, called on him at Buffalo, in relation to the barn in his affidavit mentioned; and that the conversation sworn to by said Beard, is also now distinctly recollected by him, the said Thomas; and the said Thomas further says, that, with all these facts so clearly within his recollection, he has no hesitation in deposing that said barn was occupied for storing public property by his order. " From this evidence, the committee is satisfied that this barn was occupied for military purposes, by order of an officer of the United States, before and at the time of its destruction; and, therefore, report a bill for relief. |