BE IT ENACTED by the Senate and House of Representatives of the United States of America in Congress assembled,
THATevery person claiming of the United States remuneration for losses occasioned by Indian depredations, 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 manner 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 affirmed to before said commissioner or some magistrate authorized to administer oaths or affirmations, and which petition 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
<Page 2>

<Page 3>
States; and if so, the proceedings thereon, and whether said property, 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 petitioner may desire to subpoena and examine, as far as he then may be apprised thereof, and shall pray said Commissioner to take testimony in relation to said claim, at such times and places, and in such mode and form, as he may direct; 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 facts, and also to require a full dis-closure 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
<Page 4>

<Page 5>
States relating to said case; and it shall be the duty of said commissioner 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 proper 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 forward the same, together with the original petition and testimony, and other documents relating to the case, duly certified, to the Secretary of War: Provided,
<Page 6>

<Page 7>
That nothing herein shall be construed to create any liability 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 commissioner 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 dis-charge of his duties, he shall make oath or affirmation, diligently, faithfully and impartially to dis-charge 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 respect to his proceedings under this act, to effect its just and proper execution; and it shall be the duty of the Secretary of War, on the receipt of the report of said commissioner, to transmit the same to Congress.

<Page 8>

<Page 9>
Sec— 3– And be it further enacted, That such commissioner 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 allowed 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 commissioner; and said commissioner, shall be allowed five dollars 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 contingent expenses of said commission, not exceeding three hundred dollars, out of any money in the treasury not otherwise 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, ^after the expiration of the session^, to make a list of all claims specified in the first section of this act, which
<Page 10>

<Page 11>
have been preferred to Congress, with a statement 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 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 application 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 punishment prescribed for such crime by the laws of the United States.–
[ certification ]
07/29/1848
Passed the Senate
July 29. 1848
Attest
Asbury Dickins—
Secretary–

<Page 12>
[ docketing ]
Judiciary
[ docketing ]
S_137
An act providing for the obtaining of testimony in relation to claims for losses sustained in the late Florida war.
[ docketing ]
HR [...?]
[ docketing ]
Aug 2d HR Laid on table
[ docketing ]
No Papers

Partially Printed Document, 12 page(s), Volume 468, RG 46, Entry 427: Records of the United States Senate, Thirtieth Congress, 1847-1849, Records of Legislative Proceedings, Bills and Resolutions Originating in the Senate, Senate Bills and Resolutions Upon Which Further Action Was Taken, 1847-1849, NAB