Papers Of Abraham Lincoln

30th CONGRESS,
30th1st Session. S. 158.

(Report No. 817.) (Pub.)

IN THE HOUSE OF REPRESENTATIVES.
May 4, 1848.
Read twice, and referred to the Committee on Military Affairs.
August 8, 1848.
Mr. Botts, from the said committee, reported the same back with an
amendment, when it was committed to the Committee of the Whole
House on the state of the Union. The committee propose to strike
out the words in (brackets) and insert those in italics.
AN ACT
For ascertaining and paying the California claims.

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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 the sum of seven hundred thousand
dollars, out of any money in the treasury not otherwise
appropriated, be, and the same hereby is, appropriated to
defray the expenses of the late military operations in
California, under the order of Commodore Stockton, and
of brevet Captain, afterwards Lieut. Colonel Fremont,
and also to defray the expenses of the civil government
established by Commodore Stockton, in California, and
to pay all just claims arising out of said military opera-
tions and civil government.

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26 Sec. 2. And be it further enacted, That the said
claims and demands, so far as heretofore ascertained, and
the amount evidenced by any written instrument, signed
by Commodore Stockton, or Lieutenant Colonel Fre-
mont, or by muster rolls, or proper discharges, shall be
paid with the least practicable delay. And no ascertained
claim shall be paid until first examined by the late com-
mander of the California battalion, J. C. Fremont, and by
the late commissary and the late paymaster of the battalion,
Captain Hensley and Major Reading, and allowed by them
or a majority of them; and payment of such unascer-
tained claims, as soon as allowed and certified, shall be
made to the claimants in California by some proper dis-
bursing officer, duly appointed or designated for that pur-
pose; and all claims not presented and allowed within one
year and a half from the time of passing this bill shall be
forever barred; and the compensation of the examining
persons shall be according to that of their respective ranks
in the late battalion, and shall be paid out of the appro-
priation contained in this bill, and shall make return of
their proceedings to the War Department. And the men
and non-commissioned officers of the battalion shall be
paid as mounted riflemen, and in full of all claim for lost
horses, for any cause whatever, and in full of all claims for
forage, as well as for pay, clothing, and use and risk of horses,

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1 shall be paid as follows: First sergeant, thirty-five dollars
and twenty-five cents per month; other sergeants and cor-
porals, thirty-two dollars and twenty-five cents per month;
musicians, twenty-seven dollars and twenty-five cents per
month; privates, twenty-seven dollars and twenty-five
cents per month.
Sec. 3. And be it further enacted, That the persons
hereby designated to examine the said claims shall, before
they enter on the duties assigned to them, be first duly
sworn or affirmed to faithfully perform the duties devolved
on them by this act; and that in no case shall they, or
either of them, examine or allow any claim of which he,
or any of them, is personally to receive any part.)
That the sum of five hundred thousand dollars, out
of any money in the treasury not otherwise appropriated
be, and the same hereby is, appropriated to defray the ex-
penses of the late military operations in California, under
the orders of Commodore Stockton and of brevet Captain
afterwards Lieutenant Colonel Fremont; and also, to de-
fray the expenses of the civil government established by
Commodore Stockton in California, and to pay all just
and reasonable claims arising out of said military opera-
tions and civil government, from the period at which the
flag of the United States was raised in California.
Sec. 2. And be it further enacted, That the Presi

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1 dent of the United States be, and he is hereby, authorized
and empowered, by and with the advice and consent of
the Senate, to appoint three disinterested persons, in all
respects disconnected with the claims and liabilities aris-
ing from the said military operations and civil govern-
ment, who shall act as commissioners in California, to
ascertain all proper and reasonable claims and demands
against the government of the United States that may
have been contracted on behalf of the United States,
upon and subsequent to the seventh day of July, (1846,)
eighteen hundred and forty-six, and prior to the (15th)
fifteenth day of March, eighteen hundred and forty-seven,
and that the said claims and demands shall be paid with
the least practicable delay, by some proper disbursing of-
ficer duly appointed or designated for that purpose, when
allowed and certified by the commissioners aforesaid, or
a majority of them: Provided, That the compensation
of such commissioners shall not exced the sum of three
thousand dollars each; and it shall be the duty of the said
commissioners and disbursing officer to make return of
their proceedings to the War Department, and such com-
mission shall terminate within one year after their ar-
rival in California, and all claims not presented within
that time shall be forever barred.
Sec. 3. And be it further enacted, That the troops

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8 employed in California shall be allowed the same com-
pensation now allowed by law to mounted riflemen, when
engaged in similar service of the United States.
Sec. 4. And be it further enacted, That the persons
who shall be appointed commissioners to examine the
said claims and demands, shall, before they enter upon
the duties assigned them, be first duly sworn or affirmed,
faithfully to perform the duties devolved on them by this
act, and that in no case shall they, or either of them, ex-
amine or allow any claim of which they, or either of
them, is to receive any part.

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30th CONGRESS,
30th1st Session. S. 158. (Pub.)

IN THE SENATE OF THE UNITED STATES.
April 18, 1848.
Mr. Cass from the Committee on Military Affairs, to whom was recommitted
the bill (S. No. 158) for ascertaining and paying the California
Claims, reported it with the following amendment:
AMENDMENT.
Strike out all after the word “delay in section two, line six, to
the end of the bill, and insert the following:

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15 And no unascertained claim shall be paid until first
examined by the late commander of the California bat-
talion, J. C. Fremont, and by the late commissary and the
late paymaster of the battalion, Captain Hensley and
Major Reading, and allowed by them or a majority of
them; and payment of such unascertained claims, as soon
as allowed and certified, shall be made to the claimants in
California by some proper disbursing officer, duly appoint-
ed or designated for that purpose; and all claims not pre-
sented and allowed within one year and a half from the
time of passing this bill shall be forever barred; and the
compensation of the examining persons shall be according
to that of their respective ranks in the late battalion, and
shall be paid out of the appropriation contained in this
bill, and shall make return of their proceedings to the War

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26 Department. And the men and non-commissioned officers
of the battalion shall be paid as mounted riflemen, and in
full of all claim for lost horses, for any cause whatever,
and in full of all claims for forage, as well as for pay,
clothing, and use and risk of horses, shall be paid as fol-
lows: First sergeant, thirty-five dollars and twenty-five
cents per month; other sergeants and corporals, thirty-
two dollars and twenty-five cents per month; musicians,
twenty-seven dollars and twenty-five cents per month;
privates, twenty-seven dollars and twenty-five cents per
month.

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 the sum of seven hundred thousand dollars, out of any money in the treasury not otherwise appropriated, be, and the same hereby is, appropriated to defray the expenses of the late military operations in California, under the order of Commodore Stockton, and of brevet Captain, afterwards Lieut. Colonel Fremont, and also to defray the expenses of the civil government established by Commodore Stockton, in California, and to pay all just claims arising out of said military opera- tions and civil government.
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1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26	Sec. 2. And be it further enacted, That the said claims and demands, so far as heretofore ascertained, and the amount evidenced by any written instrument, signed by Commodore Stockton, or Lieutenant Colonel Fre- mont, or by muster rolls, or proper discharges, shall be paid with the least practicable delay. And no ascertained claim shall be paid until first examined by the late com- mander of the California battalion, J. C. Fremont, and by the late commissary and the late paymaster of the battalion, Captain Hensley and Major Reading, and allowed by them or a majority of them; and payment of such unascer- tained claims, as soon as allowed and certified, shall be made to the claimants in California by some proper dis- bursing officer, duly appointed or designated for that pur- pose; and all claims not presented and allowed within one year and a half from the time of passing this bill shall be forever barred; and the compensation of the examining persons shall be according to that of their respective ranks in the late battalion, and shall be paid out of the appro- priation contained in this bill, and shall make return of their proceedings to the War Department. And the men and non-commissioned officers of the battalion shall be paid as mounted riflemen, and in full of all claim for lost horses, for any cause whatever, and in full of all claims for forage, as well as for pay, clothing, and use and risk of horses,
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27 28 29 30 31 32 1 2 3 4 5 6 7 1 2 3 4 5 6 7 8 9 10 11 1	shall be paid as follows: First sergeant, thirty-five dollars and twenty-five cents per month; other sergeants and cor- porals, thirty-two dollars and twenty-five cents per month; musicians, twenty-seven dollars and twenty-five cents per month; privates, twenty-seven dollars and twenty-five cents per month. Sec. 3. And be it further enacted, That the persons hereby designated to examine the said claims shall, before they enter on the duties assigned to them, be first duly sworn or affirmed to faithfully perform the duties devolved on them by this act; and that in no case shall they, or either of them, examine or allow any claim of which he, or any of them, is personally to receive any part.) That the sum of five hundred thousand dollars, out of any money in the treasury not otherwise appropriated be, and the same hereby is, appropriated to defray the ex- penses of the late military operations in California, under the orders of Commodore Stockton and of brevet Captain afterwards Lieutenant Colonel Fremont; and also, to de- fray the expenses of the civil government established by Commodore Stockton in California, and to pay all just and reasonable claims arising out of said military opera- tions and civil government, from the period at which the flag of the United States was raised in California. Sec. 2. And be it further enacted, That the Presi
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2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1	dent of the United States be, and he is hereby, authorized and empowered, by and with the advice and consent of the Senate, to appoint three disinterested persons, in all respects disconnected with the claims and liabilities aris- ing from the said military operations and civil govern- ment, who shall act as commissioners in California, to ascertain all proper and reasonable claims and demands against the government of the United States that may have been contracted on behalf of the United States, upon and subsequent to the seventh day of July, (1846,) eighteen hundred and forty-six, and prior to the (15th) fifteenth day of March, eighteen hundred and forty-seven, and that the said claims and demands shall be paid with the least practicable delay, by some proper disbursing of- ficer duly appointed or designated for that purpose, when allowed and certified by the commissioners aforesaid, or a majority of them: Provided, That the compensation of such commissioners shall not exced the sum of three thousand dollars each; and it shall be the duty of the said commissioners and disbursing officer to make return of their proceedings to the War Department, and such com- mission shall terminate within one year after their ar- rival in California, and all claims not presented within that time shall be forever barred. Sec. 3. And be it further enacted, That the troops
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2 3 4 1 2 3 4 5 6 7 8	employed in California shall be allowed the same com- pensation now allowed by law to mounted riflemen, when engaged in similar service of the United States. Sec. 4. And be it further enacted, That the persons who shall be appointed commissioners to examine the said claims and demands, shall, before they enter upon the duties assigned them, be first duly sworn or affirmed, faithfully to perform the duties devolved on them by this act, and that in no case shall they, or either of them, ex- amine or allow any claim of which they, or either of them, is to receive any part.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15	And no unascertained claim shall be paid until first examined by the late commander of the California bat- talion, J. C. Fremont, and by the late commissary and the late paymaster of the battalion, Captain Hensley and Major Reading, and allowed by them or a majority of them; and payment of such unascertained claims, as soon as allowed and certified, shall be made to the claimants in California by some proper disbursing officer, duly appoint- ed or designated for that purpose; and all claims not pre- sented and allowed within one year and a half from the time of passing this bill shall be forever barred; and the compensation of the examining persons shall be according to that of their respective ranks in the late battalion, and shall be paid out of the appropriation contained in this bill, and shall make return of their proceedings to the War
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16 17 18 19 20 21 22 23 24 25 26	Department. And the men and non-commissioned officers of the battalion shall be paid as mounted riflemen, and in full of all claim for lost horses, for any cause whatever, and in full of all claims for forage, as well as for pay, clothing, and use and risk of horses, shall be paid as fol- lows: First sergeant, thirty-five dollars and twenty-five cents per month; other sergeants and corporals, thirty- two dollars and twenty-five cents per month; musicians, twenty-seven dollars and twenty-five cents per month; privates, twenty-seven dollars and twenty-five cents per month.