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partment; therefore, I have no further business with it. You must have patience; you will probably hear from them shortly, but, as you were in the recruiting service, they may possibly not dismiss you till your accounts are settled.”

From the testimony accompanying the re-presentation of the petition of said Lieutenant Clark, of which the foregoing is an abstract, it appears that he, the said John Clark, was a third lieutenant in the 22d regiment of United States infantry, and in the recruiting service in the war of 1812; resigned his office by addressing the War Department, through his colonel, Hugh Brady, who had command of said regiment; that he was ordered by Colonel Brady to repair to his place of residence, and there remain until he heard from the War Department; that although his resignation was received and accepted by the department on the 18th of June, 1814, it was not received by him, for the reason that it was directed to Brownsville, New York, instead of Brownsville, Pennsylvania; that his said claim was disallowed by the Second Comptroller, because said Clark had not, after a reasonable time, applied to Colonel Brady or the War Department for information in regard to his resignation, and also for the reason that he had heretofore applied to Congress for the allowance of his said claim. It also appears, from the affidavit of said Lieutenant John Clark, prepared since the decision of the Second Comptroller, hereinbefore referred to, that he had in the month of November, 1814, several months after his resignation was forwarded to the War Department, informed Colonel Brady that he had heard nothing from the department on the subject; and was told that he must have patience, he would probably hear from them shortly, &c., showing that he had in reality complied with the requirements of the Third Ăuditor and Second Comptroller.

The committee are of opinion that the acceptance of the resignation of Lieutenant Clark, having through the inadvertence of the War Department been addressed to him at Brownsville, New York, instead of Brownsville, Pennsylvania, was virtually no acceptance; and the said Clark having, in obedience to the order of Colonel Brady, remained at his residence, waiting orders or the acceptance of his resignation, from the 18th of June, 1814, to the 30th of June, 1815, without being at liberty to engage in other pursuits, that he is justly entitled to compensation.

The committee do not conceive that any additional legislation is required, and recommend that the matter be referred to the proper department for settlement; and that, for this purpose, the petitioner have leave to withdraw his papers; and that the committee be discharged from the further consideration of the subject.

2d Session.

No. 47.

THOMAS MORRIS.
[To accompany bill H. R. No. 700.]

JANUARY 30, 1855.

Mr. Eddy, from the Committee on Revolutionary Claims, made the

following REPORT.

The Committee on Revolutionary Claims, to whom was referred the petition

of the heirs of Thomas Morris, report :

That the records of the Third Auditor's office, as evidenced by the letter of Peter Hagner, esg., auditor thereof, and herewith attached, show that Thomas Morris was captain of artillery in the Georgia line, and, from the final settlement certificate issued in his favor, he ceased to be an officer in 1781; but whether he died in service, or resigned, is not learned from anything on file in that office.

The depositions of John Christian and Holder Heragin, whose characters for respectability and truth are sufficiently attested, prove to the satisfaction of the committee that Captain Thomas Morris died of smallpox, in Mathew county, Virginia, during the year 1781, and while in service.

The petitioners ask for commutation pay in right of their ancestor; but, from the brief statement of the case here given, it is very

evident that it is not covered by the resolutions of the 22d March, 1783. neither the widow nor children of Captain Morris have had the benefit of any of the pension laws, the committee think the heirs are entitled to the provisions of the resolution of the 24th August, 1780, and therefore report a bill for the payment of the seven years' half-pay to such

heirs.

TREASURY DEPARTMENT,

Third Auditor's Office, December 10, 1836. Sir: The petition which accompanied your letter of the 9th instant is herewith returned; and, in reply to your inquiries, I have to state, that it appears from the revolutionary records on file in this office, that Thomas Morris was a captain of artillery in the Georgia line, and, judging from the final settlement certificates issued in his favor, he ceased to be an officer some time during the year 1781. Whether he died in service, or whether he resigned, is not ascertainable from the

records in this office; nor do they show that the seven years' half-pay promised by the resolution of Congress of the 24th of August, 1780, has been paid to Captain Morris's widow or children. It is proper, however, to remark, that the records in this office furnish very little information in regard to payments made under that resolution. By the resolution it was recommended to the several States to make the payments and charge the same to the United States, and the accounts of the States which would show such payments were never entered upon the records which now are on file in this office. I am, respectfully, your obedient servant,

PETER HAGNER, Auditor. Mr. FRANCIS A. DICKINS,

Washington City, D. C.

2d Session.

No. 48.

WILLIAM HAGERTY.
[To accompany bill H. R. No. 702.]

JANUARY 30, 1855.

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

REPORT.

The Committee of Claims, to whom was referred the claim of William

Hagerty, report : That this claim is for additional work done on a contract for grading the street around the Capitol enclosure, and, being sustained, the committee recommend its allowance. Appended hereto will be found the papers developing the nature and extent of the claim, and the committer report herewith a bill for the relief of the claimant.

To the honorable the Senate and House of Representatives of the United

States : The memorial of William Hagerty respectfully shows, that some time in the year 1850 he entered into a verbal contract with Ignatius Mudd, then Commissioner of Public Buildings, for the performance of certain work mentioned and described in the advertisement hereto annnexed as part of this memorial ; that during the progress of this work the said Commissioner required of your memorialist to do and perform the extra work mentioned and specified in the bill, also hereto annexed; that your memorialist did do and perform said extra work, relying with confidence for his payment upon the Commissioner who ordered it to be so done. Your memorialist further states, that shortly after the completion of this work the said Commissioner died, and, though your Inemorialist desired to have a settlement during the lifetime of said Commissioner, yet in fact such settlement was never had, and your memorialist has not to this day received any payment on account of the said extra work, but the same is still due and unpaid. Your memorialist therefore prays your honorable bodies, to whom alone he can now apply for relief, to pass a bill granting to your memorialist the payment of the said sum of $964 80—the amount of his said bill.

WILLIAM HAGERTY. Subscribed and sworn to this 29th day of April, 1854, before the subscriber, one of the justices of the peace in and for the county of Washington, D. C.

WM. J. McCORMICK, J. P.

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