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vice, he was, by permission of Captain McCullough, detached to serve on General Worth's staff, and he acted on that staff until the capitulation of Monterey.
For these and other services detailed in his petition, Colonel Fitzpatrick now, for the first time, seeks compensation from his country. Rich, generous, and patriotic, he is described, when joining the staff of General Clinch, as bringing with him his own horses and servant, and as then living at his own cost. And the same disinterested course of conduct appears to have been pursued by him during his military career. Overtaken by misfortune and poverty, in his 62d year, and in infirm health, he appeals to Congress for that compensation which he could formerly have obtained, had he desired it, by a technical and legal demand, and which is necessary to the support and comfort of his declining age. The appeal is just and reasonable, and should be promptly and favorably responded to.
Your committee accordingly recommend that the prayer of the petition be granted ; and that the Secretary of War be authorized to amend and correct any irregularities or omissions in the various rolls on which the name of the petitioner should have been inserted, and to cause him to be paid, out of any moneys in the treasury not otherwise appropriated, the amount which, on an examination of the case, may appear to him to be due the said petitioner, Richard Fitzpatrick, for his military services.
? No. 8.
RICHARD WHITE AND SAMUEL SHERWOOD.
[To accompany bill H. R. No. 618.]
JANUARY 5, 1855.
· Mr. UPHAM, from the Committee on the Post Office and Post Roads,
made the following
The memorialists are, and have been since 1838, employed in the General Post Office. Richard White was at that time an assistant messenger, with a salary of $350 per annum; Samuel Sherwood, a laborer, with a salary of $360 per annum. Their proper duties were to carry messages, clean the rooms, make the fires, bring water, &c. In January, 1839, they were required by the then Auditor, in addition to their proper duties, to distribute, arrange, and file alphabetically, the quarterly returns of all the postmasters in the country, from 12,000 to 14,000 in number, and to withdraw and replace them from time to time, as occasionally required for reference by the clerks, in adjusting the accounts of the postmasters.
From the 1st of January, 1843, these two persons have been regularly allowed, by appropriations made with that view, $100 each, for the particular service above described.
They now petition Congress to be allowed at the same rate for the four years, from January 1, 1839, to January 1, 1843, during which they received no compensation.
The service was entirely foreign to their appropriate spheres, and above and beyond that to which their salaries had been adapted and adjusted; it was highly beneficial to the department, inasmuch as it saved the time of the clerks, and enabled them to attend to their business at their desks without interruption; and the government itself has settled the point, that the extra labors of the memorialists were worth $100 per annum, by regularly every year, since 1843, appropriating that sum to them.
The committee, with these views, recommend that the prayer of the memorialists be granted, and report a bill accordingly.
2d Session. 3
E. J. McLANE.
JANUARY 5, 1855.
Mr. T. WENTWORTH, from the Committee on Commerce, made the
The Committee on Commerce, to whom was referred the petition of E. J. McLane, praying compensation for his services in seizing and detaining horses and mules, smuggled into the United States from Mexico, respectfully report:
It appears in this case that the petitioner, E. J. McLane, being an officer of the customs duly qualified, to wit: an inspector pro tem., on the 16th of March, 1852, received the following instructions from Robert B. Kingsbury, deputy collector of Brownsville, Texas: “You are hereby commanded to take into custody any animals which you may have good reason to believe have been imported from Mexico, in violation of the revenue laws of the United States. If you should at any time take into possession any animals for an alleged violation of the revenue laws, you will report the fact to me forthwith. You will be careful, before detaining any animals, to be in possession of such evidence as will show good probable cause for such detention and seizure.” On the 18th day of March John S. Rhea, the collector at Point Isabel, approved the employment of the petitioner, under the circumstances of the case as stated by Kingsbury.
The reason assigned for the employment of the petitioner upon the extraordinary service mentioned above was, that information had been received by the deputy collector at Brownsville that a large number of animals had been stolen from the vicinity of Reynosa, in Mexico, and had been introduced into the territory of the United States in violation of the revenue laws of the same, and had been driven into the interior of Texas. In pursuance of his employment and instructions, the petitioner engaged assistants, pursued the animals, overtook and seized a part of the same, and made report of his proceedings to the said deputy collector, who, by the papers in the case, compliments the petitioner for his energetic and faithful conduct, and adds that the operations of the petitioner were perceived in the increase of duties on animals.
It also appears that said petitioner was engaged in the office of inspector of customs from the 16th of March to the 3d day of June, 1852, and a detailed report of his proceedings shows that he exerted
himself to discharge the duties of his office, and the great opposition he encountered from certain citizens of Texas through the State courts.
The claim of Mr. McLane for his services, and for the services of his aids, was presented to the Treasury Department and payment refused, on the ground that the authority of Congress was required for its liquidation. The Secretary, in a letter dated February 4, 1854, says: “From all the evidence before this department, he (McLane) appears to have acted with good faith, though not in all instances with sound judg. ment; and his action seems to have been useful in checking smuggling and the marauding connected therewith, which then prevailed extensively on our southern frontier.
"The laws by which this department is governed have been made for ordinary cases. There was then an extraordinary combination of circumstances on the Rio Grande, under which Mr. McLane was appointed an occasional inspector, in a manner not strictly regular, and the final disposition of his claim properly devolves on Congress.”
Upon a consideration of all the facts presented, the committee are of opinion that the Senate bill, which has been drawn conformable to the recommendation of the Treasury Department, ought to pass.