The Congressional Globe: Containing the Debates and Proceedings of the Third Session Forty-Second Congress; An Appendix, Embracing the Laws Passed at That Session Page: 678
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678
THE CONGRESSIONAL GLOBE.
January 17,
done to his personal property during the late
war of rebellion ; the intent and purpose of
this act being that the sum named was the
just balance due John Minor Botts in his life-
time for all his losses sustained by the action
of the Union troops, after deducting the 3um
of $14,870 68 paid him, about the 1st of June,
1865, by the quartermaster's department.
The bill was ordered to a third-reading, read
the third time, and passed.
The amendment to the title was to change
the name of Beverly M. Botts to Beverly B.
Botts, and was agreed to.
Mr. HARRIS, of Virginia, moved to recon-
sider the vote by which the bill was passed;
and also moved that the motion to reconsider
be laid on the table.
The latter motion was agreed to.
JOHN O. KELIiEY.
Mr. HARRIS, of Virginia, also, from the
same committee, reported a bill (H. R. No.
3509) for the relief of John 0. Kelley; which
was read a first and second time.
The question was upon ordering the bill to
be engrossed and read a third time.
The bill, which was read, directs the Sixth
Auditor of the Treasury to pay to John 0.
Kelley, of Camden county, North Carolina,
the sum of $22-1 56, being the amount due
him for service as mail contractor on route
No. 5068 before the rebellion.
Mr. WILLARD. Is there a report in this
case? If so, I ask that it be read.
Mr. HARRIS, of Virginia. I ask the Clerk
to read a letter from the Post Office Depart-
ment.
The Clerk read as follows:
Post Opfick Department,
Washington, D. C., February 17,1872.
Sis : In answer to the request of House Comrnit-
teo of Claims, to bo informed whether or not it is
Kb own by the rocords of this Department that any-
thing is duo John 0. Kelley for services as mail
contractor on route No. 5008 (Eliznboth city, North
Carolina, to Norfolk, Virginia) before the war, I
have the honor to send annexed copy of a letter
from the Auditor of the Treasury for the Post Oflico
Department, stating tliat. thore appears to be due to
said Kelley the sum of $224 56.
Very reapootfuUy, your obediont servant.
JOJLljtSr A. J. CltESWELL,
J'ostmnbtcr General,
Hon. Austin Blair., Chairman Committee of Claims,
Mr. BUTLER, of Massachusetts. At what
time were the services rendered for which this
amount is due?
. Mr. HARRIS, of Virginia. It is for ser-
vices rendered as a mail contractor .previous
to the war.
Mr. BUTLER, of Massachusetts. Before
April 11, 1801?
Mr. HARRIS, of Virginia. I think so.
Mr. BUTLER, of Massachusetts. All right.
The bijl was then ordered to be engrossed
and read a third time; and being engrossed,
it was accordingly read the third time, and
passed.
Mr. HARRIS, of Virginia, moved to recon-
sider the vote by which the bill was passed;
and also moved that the motion to reconsider
be laid on the table.
The latter motion was agreed to.
HEIRS or SBTH LAMB.
Mr. HARRIS, of Virginia, also reported,
from the same committee, a bill (H. R. No.
3510) for the relief of the heirs of Seth Lamb;
which was read a first and second time.
The question was upon ordering the bill to
be engrossed and read a third time.
The bill, which was read, directs the Secre-
tary of the Treasury to pay, out of any money
in the Treasury not otherwise appropriated,
to Theodore L. Lamb, Mary M. Muldan, and
Philena Kingsley, the sum of ยง490, being in
full of the claim of Seth Lamb, deceased, for
boarding and quartering Captain Mott's how-
itzer corps, second regiment New York State
militia, from May 21 to June 1, 1861.
Mr. WILLARD. I ask that the report be
read.
The report Was read, and states that the
claimant's father, Seth Lamb, at the time
of the breaking out of hostilities between
the confederate States and the United States
was proprietor of the St. Charles Hotel, in
the city of Washington, and from May 2i to
June 1, 1861, he boarded and quartered Cap-,
tain Mott's howitzer corps, second regiment
New York State militia, the corps being in the
service Of the United States, and no other
quarters or rations had been provided for
them ; that owing to the loss of the vouchers
the Government did not pay the same; that
the charges were at the rate of only thirty-
three and a half cents per meal for each offi-
cer and soldier, and the evidence is conclu-
sive of the liability of the Government. The
committee therefore recommend the passage
of the accompanying bill.
Mr. WILLARD. Why was not that paid
through the War Department? What need
is there of this special relief?
Mr. HARRIS, of Virginia. This matter
was examined by the committee last spring,
and the technical reason I do not remember ;
perhaps it was that the man had not been
mustered into the service.
The bill was ordered to be engrossed and
read a third time; and being engrossed, it was
accordingly read the third time, and passed.
Mr. HARRIS, of Virginia, moved to recon-
sider the vote by which the bill- was passed ;
and also moved that the motion to reconsider
be laid on the table.
The latter motion was agreed to.
JAMES COATS.
Mr. HARRIS, of Vuginia, also, from the
same committee, reported a, bill (H. R. No.
3510) for the relief of James Coats, of Jack-
son, Mississippi; which was read a first and
second time.
The bill was read. It authorizes the Secre-
tary of the Treasury to pay, out of any money
in the Treasury not otherwise appropriated, to
James Coats, ofJacksoti, Mississippi, $986 70,
in full for labor, repairs, materials, and furni-
ture furnished to the United States court-
house at Jackson, Mississippi.
Mr. WILLARD. I call tor the reading of
the report.
The report was read. It states that Coats
claims the sum ot $986 70 for work and labor
done and materials furnished the U nited States
court-hall in the city of Jackson, Mississippi.
It appears that a contract had been entered
into between Coats and the United States mar-
shal for certain repairs which were done and
which did not embrace the amount nOw claimed.
The amount of that contract was paid by the
Government, but it refused to pay the last
account because no previous contract had been
made. It was shown that the near approach
of the term of the court did not admit of delay
sufficient to apply to the Department. The
materials furnished were principally carpeting,
and the judge of the court certifies that the
expenses were incurred with his approbation ;
that the repairs were necessary and the charges
reasonable. In view of these facts? and as the
Government is now using the property fur-
nished, it is but right, in the opinion of the
committee, that payment should be made.
The bill was ordered to be engrossed for
a third reading; and being engrossed, it was
accordingly read the third time, and passed.
Mr. HARRIS, of Virginia, moved to recon-
sider the vote by which the bill was passed;
and also moved that the motion to reconsider
be laid on the table.
The latter motion was agreed to.
GEORGE D. BLAKEY'.
Mr. HARRIS, of Virginia, also, from the
same committee, reported back, with a recom-
mendation that it pass, a bill (H. R. No. 1707)
for the relief of George D. Blakey, late col-
lect,or ยฐ?the second district of Kentucky.
lhe bill was read. It authorizes and directs
the Secretary of the Treasury to credit George
s Blakey, late collector of internal revenue
for the second district of Kentucky, with such
Bams of money, not exceeding $1,445, as shall
appear from evidenoe to be submitted to the
proper accounting officers to have been taken
by robbery by armed bands of rebel guerrillas
from Elias Dunbar and Day Nell, deputy col-
lectors for Blakey, in the counties of Russell
and Monroe, in the second district of Ken-
tucky, in the months of February and April,
1865.
The bill was ordered to be engrossed for a
third reading; and being engrossed, it was
accordingly read the third time, and passed.
Mr. HARRIS, of Virginia, moved to reeon-
sider the vote by which the bill was passed;
and also moved that the motion to reconsider
be laid on the table.
The latter motion was agreed to.
WILLIAM BAYNE.
Mr. HARRIS, of Virginia, also, from the
Committee of Claims, reported with an amend-
ment a bill (H. R. No. 3166) for the relief
of William Bayne, trustee, &c.
The bill was read. It direct? the Secretary
of the Treasury to pay to William Bayne,
trustee for the children of George Bayne,
deceased, out of any moneys in the Treasury
not otherwise appropriated, the sujn of$3,300.
The amendment of the committee was to
strike out "$3,300" and insert " $2,550,
which sum, when accepted, shall be in full
satisfaction for the rent and damages to the
store-house of claimant, trustee as aforesaid."
Mr. WILLARD. I call for the reading of
the report.
The report was read. It states that George
H. Bayne, by his last will and testament, de-
vised to claimant, in trust for the testator's
infant children, a certain store-house situated
in Alexandria, Virginia, which, on the 1st of
May, 1862, was taken possession of by C. B.
Ferguson, captain and assistant quartermaster,
for the use of the Army of the United States
for hospital purposes, and was continuously
occupied by the United States as a hospital
until March 3, 1865, when the general com-
manding directed the property to be restored,
the rent to cease from that date; that Fergu-
son, assistant quartermaster, fixed the rental
value of the store-house at seventy-five dollars
per month. The amount is conceded by the
agent of the Government sent to inspect and
report on the premises to be reasonable:
The petition also claims the sum of $750
for damage done to the store-house over and
above ordinary wear and tear while in the
use and occupancy of the United States, and
proves by three respectable witnesses the
damage amounted to that sum.
This claim was presented to the War Depart-
ment for payment, but was not acted on be-
cause of the law of February 17, 1867, which
prohibited claims from any State in rebellion.
It was subsequently presented to the claims
commissioners, but was dismissed for want
of jurisdiction, as by construction of the act
of March 3, 1871, they could not take juris-
diction of rent and damage.
The- property in question was used by the
Government during all the time stated ; and
while there seems to have been no expressed
contract to pay, yet there was evidently an
implied one, for the order which surrendered
the property reads "from this day rent will
cease." The assistant quartermaster fixed
the rent at seventy-five dollars per month,
thus showing an intention to pay. The bene-
ficiaries are residents of the city of Balti-
more, and not having participated in the
rebellion, the committee are of opinion the
question of loyalty is not involved, and rec-
ommend payment for the amount of seventy-
five dollars per month.
The bill was ordered to be engrossed and
read a third time; and being engrossed, it was
accordingly read the third time, and passed.
Mr. HARRIS, of Virginia, moved to re-
consider the vote by which the bill was
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United States. Congress. The Congressional Globe: Containing the Debates and Proceedings of the Third Session Forty-Second Congress; An Appendix, Embracing the Laws Passed at That Session, book, 1873; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc30903/m1/10/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.