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2d Session.

No. 139.

WILLIAM KENNEDY.
[To accompany bill H. R. No. 563.]

July 10, 1862.-Ordered to be printed.

Mr. T. G. PHELPS, from the Committee on Indian Affairs, made the

following

REPORT.

The Committee on Indian Affairs have had under consideration, by order

of the House, the claim of William Kennedy, and respectfully report :

This is a claim against the government for the value of twentythree head of horses, forcibly taken and driven away from Mr. Kennedy by a band of the Go-shute Indians at a mail station in the Territory of Utah, on or about the 30th day June, A. D. 1860. Section seventeen of the act of June 30, A. D. 1834, (Statutes at Large, vol. 4, page 731,) seems to have guaranteed indemnity for losses of property by Indian depredations to persons lawfully in the Indian country, in all cases where the Indians committing them were in amity with the United States, by requiring that indemnity shall be made by the Indians, or by withholding it from their annuities. if annuities were paid to them by the government, and in cases where no annuities were paid to them, that indemnity should be made from the treasury. To these Indians no annuities have ever been paid. By the act of February 28, 1859, (Statutes at Large, vol. 11, page 101,) so much of the act of June 30, 1834, “as provides that the United States will make indemnification out of the treasury for property taken or destroyed in certain cases by Indians trespassing on white nen, as described in the said act," was repealed. This repeal rescinds he pledge on the part of the government to make compensation in all ases for property taken or destroyed by Indians in amity with the ;overnment, and leaves it to Congress to make indemnity in such pecial cases as may be thought deserving of their relief. In the udgment of your committee this is one of those cases. Mr. Kennedy vas lawfully in the Indian country. He had not gone among the Inlians for the purposes of trade or speculation, nor as a mere advenurer; but was emigrating with his stock, from one settled portion of he country to another, over the only practicable route, and seems to ave exercised due diligence for the preservation of his property by eeping along the main line of travel and the post route of the gove

ernment. The affidavits of several persons have been submitted to the committee, by all of which the horses are proven to have been worth one hundred dollars each. There seems to be much justice and propriety in making indemnity from the treasury to citizens who are thus forced to travel through the Indian country with their property, and who are, as in this case, robbed of all they possess, and we therefore recommend the passage of the accompanying bill, appropriating two thousand dollars for the relief of Mr. Kennedy.

37TH CONGRESS, | HOUSE OF REPRESENTATIVES. 2d Session.

JOHN P. SHERBURNE AND H. CLAY WOOD.

[To accompany bill H. R. No. 564.]

JULY 10, 1862.-Ordered to be printed.

Mr. Dunn, from the Committee on Military Affairs, made the following

REPORT.

The Committee on Military Affairs, to whom were referred the memorial

of Captain John P. Sherburne, of the 1st United States infantry, and also the memorial of Captain H. Clay Wood, of the 11th United States infantry, respectfully report : That, although these are separate memorials, yet as the claims for relief rest substantially upon the same facts, the committee have thought proper to consider the cases together, and so report them to the House.

They present, first, the memorial of Captain Sherburne and the accompanying papers:

To the honorable the Senate and House of Representatives in Congress

assembled :

The memorial of Captain John P. Sherburne, of the 1st infantry (regulars) United States army, respectfully represents :

Ist. That he was stationed in Texas, at Camp Cooper, in February, 1861, at the time General Twiggs surrendered that department to the rebel forces. That the post was evacuated in conformity with the department order No. 5, of February 18, 1861, and Post Order No. 13, of February 20, 1861, copies of which accompany this. That owing to the very limited means of transportation, such as could be had being used in removing government property, he was compelled to abandon most all of his private property, and it was consequently lost. This property consisted of household furniture and effects, carriage, saddle, bridle, harness, library, &c.

A schedule of this property lost is filed herewith, amounting in the aggregate to one thousand and ninety-seven dollars.

Your memorialist therefore prays that Congress will pass an act for his benefit, indemnifying him for this loss. And, as in duty bound, will ever pray.

JOHN P. SHERBURNE,

Captain 1st Infantry.

HEADQUARTERS DEPARTMENT OF TEXAS, Special Orders No. 5.)

San Antonio, February 18, 1861. The State of Texas having demanded, through its commissioners, the delivery of its military posts and public property within the limits of this command, and the commanding general desiring to avoid even the possibility of a collision between the federal and State troops, the post will be evacuated by their garrisons, and these will take up, as soon as the necessary preparations can be made, the line of march out of Texas, by the way of the coast, marching out with their arms, (the light batteries with their guns,) clothing, camp and garrison equipage, quartermaster's stores, subsistence, medical, hospital stores, and such means of transportation of every kind, as may be ne cessary for an efficient and orderly movement of the troops, prepared for attack or defence against aggression from any source. The troops will carry with them provisions as far as the coast. By order of Brevet Major General Twiggs.

W. A. NICHOLS,

Assistant Adjutant General. I certify that the above is a true copy.

JOHN P. SHERBURNE,

Captain 1st Infantry.

HEADQUARTERS CAMP COOPER, TEXAS,

February 20, 1861. Orders No. 13.]

According to the terms of agreement settled upon between the commanding officer of this camp and the State authorities of the State of Texas, the camp will be evacuated to-morrow, and the command will take up the line of march for San Antonio.

The command will move with the necessary transportation—their usual equipments of arms and horses and sufficient commissary and medical stores and company property for the march to San Antonio

. All other public property of every description will be abandoned and left in camp without being injured, to be taken possession of by the authorities of the State of Texas. By command of Captain S. D. Carpenter.

WALTER JONES,
First Lieutenant First Infantry, Post Adjutant.

I certify that the above is a true copy.

JOHN P. SHERBURNE,

Captain First Infantry.

A correct schedule of property abandoned and lost by Captain John P.

Sherburne, First Infantry, United States army, in consequence of the surrender of the department of Texas.

$100 00

Furniture, bedding, mess furniture, and clothing left at

Camp Stockton, Texas.
Furniture, bedding, mess furniture, and clothing left at

Camp Cooper, Texas
Carpeting and matting left at Camp Cooper.
Ambulance, harness, saddle, bridle, &c., left at coast...
Mess furniture, cooking utensils, and bedding left at the

coast
Library left at Camp Cooper, Texas.

375 00 102 00 400 00

70 00 50 00

1,097 00

JOHN P. SHERBURNE, Captain First Infantry, United States Army.

They present, secondly, the memorial of Captain H. Clay Wood, with the accompanying papers: To the honorable the Senate and House of Representatives in Congress

assembled : The memorial of Captain H. Clay Wood, of the 11th United States infantry, respectfully represents: That he was stationed in Texas, in May, 1861, on duty at Fort Cobb, when the General Order No. 5, of General Twiggs, commanding that department, was issued for the evacuation of the military posts in Texas by the federal troops, and the surrender of them to the State or rebel authorities; that in pur. suance of such order, Post Order No. 87 was issued at Fort Cobb for the evacuation of that post, and the abandonment of all private and company property; that in consequence of these orders, and the absence of any means of transportation, your memorialist was obliged to abandon all of his household effects, two boxes of clothing, lady's wearing apparel, saddle and horse equipments, library, and many other articles mentioned in the schedule accompanying this memorial, amounting in value to the aggregate sum of fifteen hundred dollars.

Your memorialist therefore respectfully asks that Congress will pass an act reimbursing him for this loss, made in the service of his country and in the faithful performance of his duty, and without any negligence or fault on his part. And, as in duty bound, will ever pray.

H. CLAY WOOD, Captain 11th U. S. Infantry, now serving under Gen. Frémont. N. B.—Copies of General Order No. 5 and Post Order No. 87 are furnished herewith.

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