Papers Of Abraham Lincoln

THIRTIETH CONGRESS—FIRST SESSION.
H. R. 302.
(No Report.)
IN THE HOUSE OF REPRESENTATIVES.
March 9, 1848.
Read twice, and committed to a Committee of the Whole House on the
state of the Union.
Mr. Joseph R. Ingersoll, from the Committee on the Judiciary,
reported the following bill:
A BILL
Providing for the obtaining of testimony in relation to claims
for losses sustained in the late Florida war.

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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 every person claiming of the United
States remuneration for losses occasioned by Indian de-
predations, or for the taking or destruction of, or injury
to, his or her property by the forces in the service of the
United States during the late Florida war, shall, within six
months from the passage of this act, either in person, or
by his or her representative, guardian, or attorney in fact,
file a petition to the commissioner who may be appointed
under this act, setting forth the particular circumstances of
such alleged loss, and when and where, and in what man

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37 ner the same occurred, and by whom it was occasioned,
with a specific description of the property lost or destroyed,
and the value thereof; all of which shall be sworn or af-
firmed to before said commissioner or some magistrate au-
thorized to administer oaths or affirmations, and which pe-
tition shall also state if said claim, or any part thereof, has
ever been presented to either House of Congress, or any
of the departments of the government of the United States;
and if so, the proceedings thereon, and whether said pro-
perty, or any part thereof, has ever been paid for by the
United States to any person whatever; and shall also set
forth the names and residence of the witnesses the said pe-
titioner may desire to subpoena and examine, as far as he
then may be apprised thereof, and shall pray said commmis-
sioner to take testimony in relation to said claim, at such
times and places, and in such mode and form, as he may di-
rect; and said commissioner shall thereupon make such
order, and shall cause such witnesses, and any others he
may deem proper, to be summoned and examined on oath,
before him, and the depositions thereof reduced to writing;
and the said commissioner shall have power to interrogate
the petitioner on oath, as to the fact, and also to require a
full disclosure of the names of any and all persons known
to him, other than those named in the petition, who are
cognizant of any facts favorable to the United States re

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62 lating to said case; and it shall be the duty of said com-
missioner, in all cases, to summon all witnesses he may
have reason to believe will give important evidence for the
United States, and to interrogate such witnesses on the
part of the United States, so as to elicit all the facts; and
when it is made to appear to said commissioner that any
witness resides out of the State where said loss occurred,
or that it is impracticable from the age or infirmity of any
witness to attend personally before said commissioner, he
may issue his commission to any magistrate or other pro-
per person to examine such witness on interrogatories, to
be approved by him and attached to the commission, and
to take his deposition on oath, under such rules as said
commissioner may prescribe; and after all the evidence on
the part of the petitioner, and of the United States, shall
have been taken, under rules made by said commissioner,
prescribing a reasonable time in which the same shall be
closed, such commissioner shall give his written opinion
upon the merits of each case, and the weight of the testi-
mony, and specifying which are and which are not within
the general principles of the former legislation of Con-
gress in relation to similar claims, and referring to such
legislation, and forward the same, together with the origi-
nal petition and testimony, and other documents relating to
the case, duly certified, to the Secretary of War: Provided,

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6 That nothing herein shall be construed to create any liabil-
ity on the part of the United States to pay the said claims,
or any part thereof: And provided also, That if any
claimant neglect to file his or her petition within the time
prescribed by this act, such claim shall be forever barred,
and said commissioner shall make his report on all said
cases within one year from the passage of this act.
Sec. 2. And be it further enacted, That said commis-
sioner shall be appointed by the President, and hold his
office for one year from the passage of this act, and no
longer; and before undertaking the discharge of his duties,
he shall make oath or affirmation, diligently, faithfully, and
impartially to discharge the same; and said commissioner
shall conform to the instructions which may be issued to
him by the Secretary of War for the time being, with res-
pect to his proceedings under this act, to effect its just and
proper execution; and it shall be the duty of the Secreta-
ry of War, on the receipt of the report of said commis-
sioner, to transmit the same to Congress.
Sec. 3. And be it further enacted, That such com-
missioner may designate under his hand, any sheriff,
constable, or other ministerial officer, to serve process
he may issue for witnesses in any case before him; and
such officer and witnesses, and a magistrate rendering
service, shall be entitled to the legal compensation al

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8 lowed in the State courts, to be paid by the claimant,
unless the service is rendered to the United States, when it
shall be certified by said commissioner, and paid by the
United States, as may be directed by the Secretary of
War; and said commissioner may also, when necessary,
employ a clerk to aid him in the discharge of his duties,
who shall be allowed not exceeding three dollars per diem,
when actually employed, to be certified by said commis-
sioner; and said commissioner shall be allowed five dol-
lars per day, while actually engaged in the discharge of
his duties, and ten cents per mile for travelling done in the
discharge of his said duties, under the instructions of the
Secretary of War; and the Secretary of the Treasury is
authorized to pay said allowances, and also the contin-
gent expenses of said commission, not exceeding three hun-
dred dollars, out of any money in the treasury not other-
wise appropriated.
Sec. 4. And be it further enacted, That it shall be the
duty of the Secretary of the Senate, and Clerk of the House
of Representatives, forthwith, on the passage of this act, to
make a list of all claims specified in the first section of this
act, which have been preferred to Congress, with a state-
ment of the action of Congress thereon; and a list of the
papers filed therein; and to transmit the same to the said
commissioner, to be examined by him, and used by the

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6 claimants, on such investigation, and returned by him, with
his report thereon, to the Secretary of War, as aforesaid;
and the proper officers of the different departments of
government shall furnish copies of all documents in their
custody, material as evidence in any case, on the applica-
tion of said commissioner.
Sec. 5. And be it further enacted, That any witness
or other person who shall wilfully and knowingly swear
falsely in any of the proceedings in any of said cases,
shall be deemed guilty of perjury, and liable to the punish-
ment prescribed for such crime by the laws of the United
States.

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 every person claiming of the United States remuneration for losses occasioned by Indian de- predations, or for the taking or destruction of, or injury to, his or her property by the forces in the service of the United States during the late Florida war, shall, within six months from the passage of this act, either in person, or by his or her representative, guardian, or attorney in fact, file a petition to the commissioner who may be appointed under this act, setting forth the particular circumstances of such alleged loss, and when and where, and in what man
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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	ner the same occurred, and by whom it was occasioned, with a specific description of the property lost or destroyed, and the value thereof; all of which shall be sworn or af- firmed to before said commissioner or some magistrate au- thorized to administer oaths or affirmations, and which pe- tition shall also state if said claim, or any part thereof, has ever been presented to either House of Congress, or any of the departments of the government of the United States; and if so, the proceedings thereon, and whether said pro- perty, or any part thereof, has ever been paid for by the United States to any person whatever; and shall also set forth the names and residence of the witnesses the said pe- titioner may desire to subpoena and examine, as far as he then may be apprised thereof, and shall pray said commmis- sioner to take testimony in relation to said claim, at such times and places, and in such mode and form, as he may di- rect; and said commissioner shall thereupon make such order, and shall cause such witnesses, and any others he may deem proper, to be summoned and examined on oath, before him, and the depositions thereof reduced to writing; and the said commissioner shall have power to interrogate the petitioner on oath, as to the fact, and also to require a full disclosure of the names of any and all persons known to him, other than those named in the petition, who are cognizant of any facts favorable to the United States re
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38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62	lating to said case; and it shall be the duty of said com- missioner, in all cases, to summon all witnesses he may have reason to believe will give important evidence for the United States, and to interrogate such witnesses on the part of the United States, so as to elicit all the facts; and when it is made to appear to said commissioner that any witness resides out of the State where said loss occurred, or that it is impracticable from the age or infirmity of any witness to attend personally before said commissioner, he may issue his commission to any magistrate or other pro- per person to examine such witness on interrogatories, to be approved by him and attached to the commission, and to take his deposition on oath, under such rules as said commissioner may prescribe; and after all the evidence on the part of the petitioner, and of the United States, shall have been taken, under rules made by said commissioner, prescribing a reasonable time in which the same shall be closed, such commissioner shall give his written opinion upon the merits of each case, and the weight of the testi- mony, and specifying which are and which are not within the general principles of the former legislation of Con- gress in relation to similar claims, and referring to such legislation, and forward the same, together with the origi- nal petition and testimony, and other documents relating to the case, duly certified, to the Secretary of War: Provided,
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63 64 65 66 67 68 69 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6	That nothing herein shall be construed to create any liabil- ity on the part of the United States to pay the said claims, or any part thereof: And provided also, That if any claimant neglect to file his or her petition within the time prescribed by this act, such claim shall be forever barred, and said commissioner shall make his report on all said cases within one year from the passage of this act. Sec. 2. And be it further enacted, That said commis- sioner shall be appointed by the President, and hold his office for one year from the passage of this act, and no longer; and before undertaking the discharge of his duties, he shall make oath or affirmation, diligently, faithfully, and impartially to discharge the same; and said commissioner shall conform to the instructions which may be issued to him by the Secretary of War for the time being, with res- pect to his proceedings under this act, to effect its just and proper execution; and it shall be the duty of the Secreta- ry of War, on the receipt of the report of said commis- sioner, to transmit the same to Congress. Sec. 3. And be it further enacted, That such com- missioner may designate under his hand, any sheriff, constable, or other ministerial officer, to serve process he may issue for witnesses in any case before him; and such officer and witnesses, and a magistrate rendering service, shall be entitled to the legal compensation al
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7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1 2 3 4 5 6 7 8	lowed in the State courts, to be paid by the claimant, unless the service is rendered to the United States, when it shall be certified by said commissioner, and paid by the United States, as may be directed by the Secretary of War; and said commissioner may also, when necessary, employ a clerk to aid him in the discharge of his duties, who shall be allowed not exceeding three dollars per diem, when actually employed, to be certified by said commis- sioner; and said commissioner shall be allowed five dol- lars per day, while actually engaged in the discharge of his duties, and ten cents per mile for travelling done in the discharge of his said duties, under the instructions of the Secretary of War; and the Secretary of the Treasury is authorized to pay said allowances, and also the contin- gent expenses of said commission, not exceeding three hun- dred dollars, out of any money in the treasury not other- wise appropriated. Sec. 4. And be it further enacted, That it shall be the duty of the Secretary of the Senate, and Clerk of the House of Representatives, forthwith, on the passage of this act, to make a list of all claims specified in the first section of this act, which have been preferred to Congress, with a state- ment of the action of Congress thereon; and a list of the papers filed therein; and to transmit the same to the said commissioner, to be examined by him, and used by the
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9 10 11 12 13 14 1 2 3 4 5 6	claimants, on such investigation, and returned by him, with his report thereon, to the Secretary of War, as aforesaid; and the proper officers of the different departments of government shall furnish copies of all documents in their custody, material as evidence in any case, on the applica- tion of said commissioner. Sec. 5. And be it further enacted, That any witness or other person who shall wilfully and knowingly swear falsely in any of the proceedings in any of said cases, shall be deemed guilty of perjury, and liable to the punish- ment prescribed for such crime by the laws of the United States.