Papers Of Abraham Lincoln

THIRTIETH CONGRESS—FIRST SESSION.
H. R. 238.
(Report No. 238.)
IN THE HOUSE OF REPRESENTATIVES.
February 29, 1848.
Read twice, and committed to a Committee of the Whole House to-morrow.
Mr. John A. Rockwell, from the Committee of Claims, reported
the following bill:
A BILL
To provide for the payment of horses and other property lost
or destroyed in the military service of the United States.

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12 Be it enacted by the Senate and House of Repre-
sentatives of the United States of America in Congress
assembled, That any field, staff, or other officer, mounted
militiaman, volunteer, ranger, or cavalry, engaged in the
military service of the United States, since the eighteenth
of June, eighteen hundred and twelve, or who shall here-
after be in said service, and has sustained or shall sustain
damage, without any fault or negligence on his part, while
in said service, by the loss of a horse in battle, or by the
loss of a horse wounded in battle, and which has died, or
shall die, of said wound, or being so wounded shall be
abandoned by order of his officer and lost; or shall sus

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37 tain damage by the loss of any horse by death or aban-
donment, in consequence of the United States failing to
supply sufficient forage, or because the rider was dismount-
ed and separated from his horse, and ordered to do duty
on foot at a station detached from his horse; or by the
loss of a horse arising from its being transported in any
ship or vessel, by order of the commanding officer; or
when the officer in the immediate command ordered, or
shall order, the horse turned out to graze in the woods,
prairies, or commons, because the United States failed, or
shall fail, to supply sufficient forage, and the loss was, or
shall be, consequent thereof; or for the loss of necessary
equipage, in consequence of the loss of his horse as afore-
said; or who has turned or may turn over to the service
of the United States, his horse, saddle, bridle, or equip-
ments, by the order of the commanding general, or other
commanding officer, shall be allowed and paid the value
thereof. And in case of the loss by any of the persons
aforesaid of his horse, by his being killed in battle, the
value thereof shall be allowed and paid to the legal repre-
sentatives of the person so killed, except when payment
therefor shall be required to be made to other persons, as
specified in the sixth and seventh sections of this act:
Provided, That if any payment has been, or shall be,
made to any one aforesaid, for the use and risk, or for

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6 forage, after the death, loss, or abandonment of his horse,
said payment shall be deducted from the value thereof,
unless he satisfied, or shall satisfy, the paymaster at the
time he made, or shall make, the payment, or thereafter
show by proof, that he was remounted; in which case the
deduction shall only extend to the time he was on foot:
And provided, also, If any payment shall have been, or
shall hereafter be, made to any person above mentioned,
on account of clothing to which he was not entitled by
law, such payment shall be deducted from the value of his
horse or accoutrements.
Sec. 2. And be it further enacted, That any person
who, in the said military service as a volunteer or drafted
militia man, furnished, or shall furnish, himself with
arms and military accoutrements, and sustained, or shall
sustain, damage by the capture or destruction of the same,
without any fault or negligence on his part, or who lost, or
shall lose, the same by reason of his being wounded in the
service, shall be allowed and paid the value thereof.
Sec. 3. And be it further enacted, That any person
who sustained, or shall sustain, damage by the loss, capture,
or destruction by an enemy, of any horse, mule, ox, or
wagon, cart, boat, sleigh, or harness, while such property
was in the military service of the United States, either by
impressment or contract, except in cases where the risk to

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13 which the property would be exposed was agreed to be
incurred by the owner, if it shall appear that such loss,
capture, or destruction, was without any fault or negli-
gence on the part of the owner; and any person who,
without such fault or negligence, sustained, or shall sustain,
damage by the death or abandonment and loss of any
such horse, mule, ox, while in the service aforesaid, in con-
sequence of the failure on the part of the United States to
furnish the same with sufficient forage, shall be allowed
and paid the value thereof: Provided, That nothing con-
tained in this section shall be construed to vary the provi-
sions of the first section of this act.
Sec. 4. And be it further enacted, That the claims
provided for under this act shall be adjusted by the First
Auditor, under such rules as shall be prescribed by the
Secretary of War, under the direction, or with the assent
of, the President of the United States; as well in regard to
the receipt of applications of claimants, as the species and
degree of evidence, the manner in which such evidence
shall be taken and authenticated, which rules shall be such
as, in the opinion of the President, shall be best calculated
to obtain the object of this act, paying a due regard as
well to the claims of individual justice as to the interests
of the United States, which rules and regulations shall be
published for four weeks in such newspapers in which the

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3 laws of the United States are published, as the Secretary
of War shall direct.
Sec. 5. And be it further enacted, That in all adju-
dications of said Auditor upon the claims above mentioned,
whether such judgment be in favor of, or adverse to, the
claim, shall be entered in a book provided by him for that
purpose, and under his direction; and when such judgment
shall be in favor of such claim, the claimant, or his legal
representative, shall be entitled to the amount thereof upon
the production of a copy thereof, certified by the said Au-
ditor at the treasury of the United States.
Sec. 6. And be it further enacted, That in all in-
stances where any minor has been, or shall be, engaged
in the military service of the United States, and was, or
shall be, provided with a horse or equipments, or with mili-
tary accoutrements, by his parent or guardian, and has
died, or shall die, without paying for said property, and the
same has been, or shall be, lost, captured, destroyed, or
abandoned in the manner before mentioned, said parent or
guardian shall be allowed pay therefor, on making satisfac-
tory proof as in other cases, and the further proof that he
is entitled thereto by having furnished the same.
Sec. 7. And be it further enacted, That in all in-
stances where any person other than a minor has
been, or shall be, engaged in the military service aforesaid,

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9 and has been, or shall be, provided with a horse or equip-
ments, or with military accoutrements, by any person, the
owner thereof, who has risked or shall take the risk of
such horse, equipments, or military accoutrements on him-
self, and the same has been, or shall be, lost, captured, de-
stroyed, or abandoned, in the manner before mentioned,
such owner shall be allowed pay therefor, on making sat-
isfactory proof as in other cases, and the further proof
that he is entitled thereto, by having furnished the same,
and having taken the risk on himself.
Sec. 8. And be it further enacted, That in auditing
and settling the claims provided for in this act, and appeal
may be taken and prosecuted from the decision of the au-
ditor rejecting the claim to the Second Comptroller of the
Treasury, under the direction of the Secretary, whose
decision shall be conclusive.
Sec. 9. And be it further enacted, That the act passed
on the nineteenth of February, eighteen hundred and thirty-
three, entitled, “An act for the payment of horses and
arms lost in the military service of the United States
against the Indians, on the frontier of Illinois and Michi-
gan Territory;” an act passed on the thirtieth of June,
eighteen hundred and thirty-four, entitled, “An act to pro-
vide for the payment of claims for property lost, captured,
or destroyed by the enemy, while in the military service of

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34 the United States, during the late war with the Indians on
the frontiers of Illinois and Michigan Territory;” an act
passed on the eighteenth of January, eighteen hundred and
thirty-seven, entitled, “An act to provide for the payment
of horses and other property, lost or destroyed in the mili-
tary service of the United States;” an act passed on the
fourteenth of October, eighteen hundred and thirty-seven,
entitled, “An act to amend an act entitled, ‘An act to pro-
vide for the payment of horses lost or destroyed in the
military service of the United States;’” an act passed on
the twenty-third of August, eighteen hundred and forty-
two, entitled, “An act to amend an act entitled, ‘An act to
provide for the payment of horses or other property, lost
or destroyed in the military service of the United States,’”
approved the eighteenth of January, eighteen hundred and
thirty-seven; and an act passed on the second of March,
eighteen hundred and forty-seven, entitled, “An act to
amend an act entitled, ‘An act to provide for the payment
of horses or other property, lost or destroyed in the mili-
tary service of the United States,’” approved the eigh-
teenth day of January, eighteen hundred and thirty-seven,
be, and the same are hereby, repealed. And that nothing
contained in an act entitled, “An act providing for the
prosecution of the existing war between the United States
and the republic of Mexico,” approved May thirteenth,

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37 eighteen hundred and forty-six, shall be so construed as to
prevent the payment for damages sustained by the loss of
horses, as specified in this act.

1 2 3 4 5 6 7 8 9 10 11 12	Be it enacted by the Senate and House of Repre- sentatives of the United States of America in Congress assembled, That any field, staff, or other officer, mounted militiaman, volunteer, ranger, or cavalry, engaged in the military service of the United States, since the eighteenth of June, eighteen hundred and twelve, or who shall here- after be in said service, and has sustained or shall sustain damage, without any fault or negligence on his part, while in said service, by the loss of a horse in battle, or by the loss of a horse wounded in battle, and which has died, or shall die, of said wound, or being so wounded shall be abandoned by order of his officer and lost; or shall sus
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13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37	tain damage by the loss of any horse by death or aban- donment, in consequence of the United States failing to supply sufficient forage, or because the rider was dismount- ed and separated from his horse, and ordered to do duty on foot at a station detached from his horse; or by the loss of a horse arising from its being transported in any ship or vessel, by order of the commanding officer; or when the officer in the immediate command ordered, or shall order, the horse turned out to graze in the woods, prairies, or commons, because the United States failed, or shall fail, to supply sufficient forage, and the loss was, or shall be, consequent thereof; or for the loss of necessary equipage, in consequence of the loss of his horse as afore- said; or who has turned or may turn over to the service of the United States, his horse, saddle, bridle, or equip- ments, by the order of the commanding general, or other commanding officer, shall be allowed and paid the value thereof. And in case of the loss by any of the persons aforesaid of his horse, by his being killed in battle, the value thereof shall be allowed and paid to the legal repre- sentatives of the person so killed, except when payment therefor shall be required to be made to other persons, as specified in the sixth and seventh sections of this act: Provided, That if any payment has been, or shall be, made to any one aforesaid, for the use and risk, or for
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38 39 40 41 42 43 44 45 46 47 48 1 2 3 4 5 6 7 8 1 2 3 4 5 6	forage, after the death, loss, or abandonment of his horse, said payment shall be deducted from the value thereof, unless he satisfied, or shall satisfy, the paymaster at the time he made, or shall make, the payment, or thereafter show by proof, that he was remounted; in which case the deduction shall only extend to the time he was on foot: And provided, also, If any payment shall have been, or shall hereafter be, made to any person above mentioned, on account of clothing to which he was not entitled by law, such payment shall be deducted from the value of his horse or accoutrements. Sec. 2. And be it further enacted, That any person who, in the said military service as a volunteer or drafted militia man, furnished, or shall furnish, himself with arms and military accoutrements, and sustained, or shall sustain, damage by the capture or destruction of the same, without any fault or negligence on his part, or who lost, or shall lose, the same by reason of his being wounded in the service, shall be allowed and paid the value thereof. Sec. 3. And be it further enacted, That any person who sustained, or shall sustain, damage by the loss, capture, or destruction by an enemy, of any horse, mule, ox, or wagon, cart, boat, sleigh, or harness, while such property was in the military service of the United States, either by impressment or contract, except in cases where the risk to
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7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 10 11 12 13	which the property would be exposed was agreed to be incurred by the owner, if it shall appear that such loss, capture, or destruction, was without any fault or negli- gence on the part of the owner; and any person who, without such fault or negligence, sustained, or shall sustain, damage by the death or abandonment and loss of any such horse, mule, ox, while in the service aforesaid, in con- sequence of the failure on the part of the United States to furnish the same with sufficient forage, shall be allowed and paid the value thereof: Provided, That nothing con- tained in this section shall be construed to vary the provi- sions of the first section of this act. Sec. 4. And be it further enacted, That the claims provided for under this act shall be adjusted by the First Auditor, under such rules as shall be prescribed by the Secretary of War, under the direction, or with the assent of, the President of the United States; as well in regard to the receipt of applications of claimants, as the species and degree of evidence, the manner in which such evidence shall be taken and authenticated, which rules shall be such as, in the opinion of the President, shall be best calculated to obtain the object of this act, paying a due regard as well to the claims of individual justice as to the interests of the United States, which rules and regulations shall be published for four weeks in such newspapers in which the
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14 15 1 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 9 10 11 1 2 3	laws of the United States are published, as the Secretary of War shall direct. Sec. 5. And be it further enacted, That in all adju- dications of said Auditor upon the claims above mentioned, whether such judgment be in favor of, or adverse to, the claim, shall be entered in a book provided by him for that purpose, and under his direction; and when such judgment shall be in favor of such claim, the claimant, or his legal representative, shall be entitled to the amount thereof upon the production of a copy thereof, certified by the said Au- ditor at the treasury of the United States. Sec. 6. And be it further enacted, That in all in- stances where any minor has been, or shall be, engaged in the military service of the United States, and was, or shall be, provided with a horse or equipments, or with mili- tary accoutrements, by his parent or guardian, and has died, or shall die, without paying for said property, and the same has been, or shall be, lost, captured, destroyed, or abandoned in the manner before mentioned, said parent or guardian shall be allowed pay therefor, on making satisfac- tory proof as in other cases, and the further proof that he is entitled thereto by having furnished the same. Sec. 7. And be it further enacted, That in all in- stances where any person other than a minor has been, or shall be, engaged in the military service aforesaid,
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4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 1 2 3 4 5 6 7 8 9	and has been, or shall be, provided with a horse or equip- ments, or with military accoutrements, by any person, the owner thereof, who has risked or shall take the risk of such horse, equipments, or military accoutrements on him- self, and the same has been, or shall be, lost, captured, de- stroyed, or abandoned, in the manner before mentioned, such owner shall be allowed pay therefor, on making sat- isfactory proof as in other cases, and the further proof that he is entitled thereto, by having furnished the same, and having taken the risk on himself. Sec. 8. And be it further enacted, That in auditing and settling the claims provided for in this act, and appeal may be taken and prosecuted from the decision of the au- ditor rejecting the claim to the Second Comptroller of the Treasury, under the direction of the Secretary, whose decision shall be conclusive. Sec. 9. And be it further enacted, That the act passed on the nineteenth of February, eighteen hundred and thirty- three, entitled, “An act for the payment of horses and arms lost in the military service of the United States against the Indians, on the frontier of Illinois and Michi- gan Territory;” an act passed on the thirtieth of June, eighteen hundred and thirty-four, entitled, “An act to pro- vide for the payment of claims for property lost, captured, or destroyed by the enemy, while in the military service of
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34	the United States, during the late war with the Indians on the frontiers of Illinois and Michigan Territory;” an act passed on the eighteenth of January, eighteen hundred and thirty-seven, entitled, “An act to provide for the payment of horses and other property, lost or destroyed in the mili- tary service of the United States;” an act passed on the fourteenth of October, eighteen hundred and thirty-seven, entitled, “An act to amend an act entitled, ‘An act to pro- vide for the payment of horses lost or destroyed in the military service of the United States;’” an act passed on the twenty-third of August, eighteen hundred and forty- two, entitled, “An act to amend an act entitled, ‘An act to provide for the payment of horses or other property, lost or destroyed in the military service of the United States,’” approved the eighteenth of January, eighteen hundred and thirty-seven; and an act passed on the second of March, eighteen hundred and forty-seven, entitled, “An act to amend an act entitled, ‘An act to provide for the payment of horses or other property, lost or destroyed in the mili- tary service of the United States,’” approved the eigh- teenth day of January, eighteen hundred and thirty-seven, be, and the same are hereby, repealed. And that nothing contained in an act entitled, “An act providing for the prosecution of the existing war between the United States and the republic of Mexico,” approved May thirteenth,
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35 36 37	eighteen hundred and forty-six, shall be so construed as to prevent the payment for damages sustained by the loss of horses, as specified in this act.