I 15 1 
 
 MESSAGE 
 
 PROM THE 
 
 PRESIDENT OF THE UNITED STATES, 
 
 TRANSMITTING, 
 
 In compliance with a resolution of the House, 
 of the 6th instant, 
 
 THB 
 
 PROCEEDINGS OF THE COMMISSIONER 
 
 APPOINTED 
 UNDER THE ACT TO AUTHORIZE 
 
 Payment for Property lost, captured, or destroyed 
 by the enemy, while in the military service 
 of the United States. 
 
 December 23, 1816. 
 Read and referred to the committee nppointed on the 6th initant, to 
 inquire into the decisions of Richard Bland Lee. 
 
 WASHINGTON: 
 
 PRINTED BY WILLIAM A. DAVIS. 
 
 1816. 
 
Avery Architectural and Fine Arts Library 
 Gift of Seymour B. Durst Old York Lihrary 
 
To the House of Representatives 
 
 of the United States : 
 in compliance with the resolution of the House 
 of Representatives, of the 6th instant, I transmit 
 to them the proceedings of the Commissioner ap- 
 pointed under the " act to authorize the payment 
 for property lost, captured, or destroyed by the 
 enemy, while in the military service of the United 
 States, and for other purposes," as reported by 
 the Commissioner to the Department of War. 
 
 JAMES MADISON 
 
 December 21. 1816 
 
The Acting Secretary of War, has the honour 
 to submit to the President the report made by 
 the Commissioner of claims, relative to his pro- 
 ceedings under the act "authorizing the payment 
 for property lost, captured, or destroyed by the 
 enemy, while in the military service of the United 
 States, and for other purposes." 
 
 GEO. GRAHAM. 
 
 December 20th, 1816, 
 
C 15 J 
 
 REPORT. 
 
 Office of Claims, &c. 
 Washington, Dec. 17th, 1816. 
 
 The Commissioner appointed pursuant to the law 
 entitled, " An act to authorize the payment for 
 property lost, captured, or destroyed, by the 
 enemy, while in the military service of the 
 United States, and for other purposes," in 
 obedience to a letter from the Acting Secretary 
 of War, enclosing a resolution, of the House of 
 Representatives, passed on the sixth instant, in 
 the following words, " Resolved, That the 
 President of the United States, be, and he is 
 hereby requested to lay before this House, the 
 proceedings of the commissioner appointed 
 under the act passed at the last session entitled, 
 'An act to authorize the payment for property 
 lost, captured, or destroyed by the enemy, while 
 in the military service of the United States, and 
 for other purposes " 
 
 RESPECTFULLY REPORTS 
 
 That as soon as he received from the President, 
 a notification of his appointment, he proceeded to 
 the execution of the initiative duties required from 
 him, by preparing such rules and regulations, rel- 
 ative to the mode of presenting claims, and taking 
 ?nd authenticating evidence as appeared to him 
 to be necessary; which rules and regulations, 
 haying been approved by the President, were 
 
8 [ 15 ] 
 
 published in the form of notices, as enjoined by 
 the said act, on the third and twenty-fourth of 
 June last. 
 
 In forming these rules and regulations, the com- 
 missioner endeavoured to enter into the views of 
 the Legislature, by giving such an interpretation 
 to the provisions of the said act, as might secure 
 substantial justice to ihc sufferers intended to be 
 relieved, and at the same time, guard against fraud 
 mid imposition. On this part of the subject he 
 begs leave to refer to a copy of the said notices, 
 in paper marked A. 
 
 The multifarious losses which it appears to 
 have been the intention of the Legislature to pro- 
 vide for, required no little attention to separate and 
 define. The first -ection of the a ;t being confined 
 to, "volunteers or drafted militiamen, whether of 
 cavalry, mounted riflemen, or infantry," and limit- 
 ed to the payment for horses only, admitted cf an 
 easv interpretation; as did also the second section 
 confined to " cavalry, mounted militia, or volun- 
 teers," which the commissioner, construed also 
 solely to apply to persons, belonging to corps, 
 not in the regular servxe though the word 
 -cavalry," usedm contra distinction to "mounted 
 militia or volunteers," may at first view seem to in- 
 dicate a different meaning, and to be intended to 
 extend also to cavalry in the regular service. 
 Tiiis section too relates solely to the loss of hor- 
 ses. , 
 The third section taking a larger scope, and 
 involving a variety of cases he found it more diffi- 
 cult to satisfy himself as to its true import. The 
 words of this section are that any person, who 
 in the late war aforesaid, has sustained damage, 
 by the loss, capture, or destruction, by an enemy, 
 pf any horse, mule, ox. wagon, cart, boat, sleigh, 
 
9 
 
 jr harness, while such property was in the mili- 
 tary service of the United States, cither by im- 
 pressment or contrac t, except in cases, where the 
 risk to which the property would be exposed, was 
 agreed to be incurred by the ownei^ it it shall ap- 
 pear that such loss, capture, or destruction was 
 without any fault or negligence on the part of the 
 owner, and any person who, during the time afore- 
 said, has sustained damage by the death oi any such 
 horse, mule, or ox, in consequence of failure on 
 the part of the United States, to furnish the same 
 with sufficient forage while in the service aforesaid, 
 shall be allowed and paid the value thereof." 
 
 The commissioner was at first disposed to 
 consider the first clause of this section as providing 
 only for such injuries as proceeded from the acts 
 of an enemy. But inasmuch as damage by an 
 enemy, must -almost universally happen in two 
 ways, either " by capture or destruction," and as 
 there were many other losses sustained by our 
 citizens, " without any fault or negligence on the 
 part of the ow-icr," such (or instance as wagons 
 and teams, lost by being forced to attempt to 
 pass streams not fordable, contrary to tlie opinion 
 of the owners, by the Compulsive orders of mili- 
 tary commanders; on further reflection he was 
 inclined to give this clause a more extended mean- 
 ing and 'o consider the word 46 less" as intended 
 to be contra distinguished from the words " cap- 
 ture or destruction by an enemy," and to denote 
 such injuries as might have happened in a manner 
 other than 44 by the capture and destruction of an 
 enemy," but 44 without any fault or negligence on 
 the part of the owner." But the opinion of the 
 executive government, being in fayour of adhering* 
 to the first interpretation, the commissioner ha? 
 
 2 
 
10 
 
 felt it his duty to conform his adjudications thereto. 
 See paper marked 13. 
 
 Tne two first sections of the act being strictly 
 confined to military corps, other than regulars, 
 the change of expression in the third section in 
 which the broad words " any person" are used, 
 seemed to denote that its provisions were intended 
 to apply to every description of citizens, whether 
 they belonged to the regular army, or to the mili- 
 tia, or volunteers ; and inasmuch as the militia and 
 volunteers, while in actual service received the 
 pay and emoluments of regulars, the commissioner 
 ultimately inclined to the opinion that losses hap- 
 pening under similar circumstances to persons en- 
 gaged in either service were intended to be pro- 
 vided for. The word " contract" appeared to 
 him to be of extensive import; and in every case 
 as well in the regular, as in the militia or volun- 
 teer service, in which the rank of the officer re- . 
 quired that he should furnish himself with a horse, 
 that by accepting of his appointment he entered 
 " into a contracC with the government to do so; 
 and having done so, provided such horse died in 
 consequence of a failure on the part of govern- 
 ment to furnish sufficient forage, or was taken by 
 the enemy ; that a regular officer ought to be paid 
 for his horse in the same manner as if he had be- 
 longed to the militia, or volunteer corps. But on 
 this point the executive government having consi- 
 dered the regular officer as excluded from this 
 benefit, the commissioner has felt it also his duty 
 to adapt his adjudications to that opinion. See 
 paper marked B. 
 
 The fourth section admitted of an easy inter- 
 pretation, applying solely to the loss of " arms 
 and military accoutrements" ot volunteers or 
 drafted militiamen, who had furnished themselves 
 with the same. 
 
[ 15 ] II 
 
 The fifth section is in these words, " that where 
 any property has been impressed or taken by 
 public authority, for the use or subsistence of the 
 army during the iate war, and the same shall have 
 been destroyed, lost, or consumed, the owner of 
 such property shall be paid the value thereof, 
 deducting therefrom the amount which has been 
 paid for the use and risk of the same, while in the 
 service aforesaid." 
 
 This section has been construed to apply to 
 all property real personal or mixed, which has 
 been impressed or taken by public authority, with- 
 out the consent of the owner. See papers market} 
 A. and B. 
 
 The ninth section of the law providing for losses 
 of greater magnitude, and necessarily involving 
 the payment of large sums of money, the commis- 
 sioner endeavoured to avail himself of every assis- 
 tance which appeared to be within his reach, to 
 enable him to give to it a fair, a reasonable, and a 
 just interpretation. With this view, erroneously 
 supposing that he had a right to do so, he ad- 
 dressed to the attorney-general, the great law 
 officer of the government the letter marked C. 
 In reply to which he received the answer marked 
 D. 
 
 Having been disappointed in obtaining this im- 
 portant aid, the commissioner regarding the office 
 which he rilled, as a kind of appendage to the De- 
 partment of War, addressed to the Secretary 
 thereof, the letter marked E. enclosing copies of 
 his correspondence with the attorney-general. 
 
 From this officer the commissioner indulged the 
 hope, that he should receive such an exposition as 
 would enable him to fulfil the views of ihe Legis- 
 lature, by affording a just redress to the sufferers 
 intended to be relieved, Nor was this expectation 
 
12 
 
 t '5 3 
 
 disappointed when the Secretary after due con- 
 sideration, and no doubt consulting the best 
 opinions, addressed to him on the seventh of Sep- 
 tember, a note in the following words: 
 
 " D< partment of War, 
 September 7th, 1810. 
 
 "Sir, 
 
 The President lias been pleased to direct, that 
 the occupation of houses and buildings by the 
 military force of the United States, is embraced by 
 the ninth section of the act " to authorize the 
 payment for property lost, captured, or destroyed 
 by the enemy, while* in the military service of the 
 United States, and for other purposes," and that 
 compensation shall be allowed for damage sustain- 
 ed in consequence of such occupancy, in the same 
 manner as if such houses and buildings had been 
 occupied as a military deposite, under the authority 
 of an officer or agent of the United States. 
 
 I have the honour to be, 
 
 Your most obedient, and, 
 Very humble Servant, 
 
 (Sign?d) WILLIAM H. CRAWFORD 
 
 Richard Bfand Lee, Esq. Commissioner 
 
 for settling t laims for property lost, frc." 
 
 The commissioner considered this letter as 
 sanctioning his own interpretation of the ninth 
 section of the said law ; and it was not till after 
 he received this note, that he felt himself autho- 
 rized to give to it a practical construction by a 
 formal adjudication. 
 
 On the twenty-first of October, the commis- 
 sioner received from the Department of War, as 
 the organ of the executive government, a more 
 general interpretation of the law in the following 
 words : 
 
t 15 ] 
 
 " War Department, 
 21st October, 1816. 
 
 Pursuant to the 11th section of the act making 
 provision for property lost, captured, or destroyed 
 by the enemy, while in the military service of the 
 United States, and for other purposes the Presi- 
 dent has been pleased to direct. 
 
 That the first and second sections of the said 
 act, do not embrace the case of officers of the 
 regular army, and that the property which a 
 regular officer may have taken with him in the 
 service, or which he may have been required by 
 law to keep, is not comprehended by the terms 
 l > impressed or by contract,"' used in the third sec- 
 tion. 
 
 That the provisions of the third section extend 
 only to losses resulting from the acts of the enemy, 
 or from the failure of the government to supply 
 the necessary forage. « 
 
 That the ninth section oi the act extends only 
 to cases of destruction of property by the enemy, 
 which are justifiable by the laws of civilized war- 
 fare. The occupation of houses or Jxiiidings as 
 places of military deposite, or by an armed force, 
 must be continued up to the time of the destruc- 
 tion That ti.e occupation of houses or buildings 
 bv an armed force for a night upon a march, is not 
 within the meaning of the said section, unless in 
 the immediate presence of an enemy That no 
 compensation by w ay of interest, rent or damage, 
 can be allowed, under the act, for the time which 
 elapses between the destruction of the property 
 and the decision of the commissioner. 
 
 That the act does not extend to th^ case of 
 consequential injury resulting Irom the destruction 
 ef houses or buildings under the ninth section. 
 
 No compensation can, therefore, be allowed for 
 
[ 15 j 
 
 the destruction of houses or buildings not occu- 
 pied as a military deposite or by a military force. 
 
 That in all cases of doubt, or of great impor- 
 tanae, the commissioner shall submit the evidence 
 to the executive before any decision is made. 
 
 (Signed) WILLIAM H. CRAWFORD. 
 Richard Bland Lee, esq. 
 
 Commissioner, <W. &c. 
 
 The commissioner will close this subject, by re- 
 ferring to his correspondence with the Depart- 
 ment of W ar, mar ked F. 
 
 The number of adjudications made and entered 
 by him since the first of July, under special acts, 
 and under the general law of the ninth of April, 
 last, amount to 850; the total sum awarded, to 
 J?229,693 T VV 
 
 The proofs, in every case decided by the com- 
 missioner, are put injfea trunk, the key of which 
 will be delivered to the acting Secretary of War; 
 which papers are so sent in conformity to the di- 
 rection of the President, and pursuant to a letter 
 from the acting Secretary of War, bearing date on 
 the sixteenth instant ; a copy of which letter is re- 
 ferred to in paper marked G. 
 
 In the office, a record of all the adjudications 
 was made, and the evidence in each particular 
 claim was hied with it. The office was at all times 
 open, and free liberty allowed to every citizen t<* 
 examine either the adjudications or the evidence. 
 
 All which is most respectfully submitted, 
 RICHARD BLAND LEE, 
 
 Commissioner, Src. 
 
 P. S. The commissioner thinks proper to send 
 a copy of his letter to the Secretary of the Navy, in 
 the case of William O'Neale and Robert Taylor, 
 dated on the second of October, last, marked H. 
 
I i6 ] u 
 
 He also begs leave to refer to certain acts, pass 
 ed at the last session of Congress ; many, if not 
 all, of which he considered as cotemporaneous 
 expositions of the law which created this office., 
 
 An act for the relief of William Flood. 
 
 An act for the relief of the Supervisors of the 
 •county of Clinton, in the State of New-York. 
 
 An act for the relief of Joseph Wilson. 
 
 An act for the relief of Asher Palmer. 
 
 An act authorizing the payment for the court 
 house of Hamilton, in the State of Ohio. 
 
 An act for the relief of the President and Di- 
 rectors of the Washington Bridge Company. 
 
 An act for the relief of Charles Todd. 
 
 An act for the relief of Paul D. Butler. 
 
 An act for the relief of Charles Ross and Samuel 
 Brcck, surviving executors .of John Ross, deceased 
 
 f 
 
lb 
 
 t ft ] 
 
 O/ft™ Claims for property lost, captured, or 
 destroyed by the enemy whiLt in the military 
 service of the United States, during the late 
 
 - war. ^ 
 
 Washington, June 3d, 181 ft. 
 
 Notice is hereby given, pursuant to the art of 
 the United 8tatos, passed the <)th of April last, 
 entitled, "An act to authorize the payment for 
 property lost, captured, or destroyed by the enestry 
 while in the military service of the United States 3 
 and for other purposes,'' that all claims provided 
 for by the said act, must be presented at this office? 
 on or before the ninth day of April, in the year 
 1818; as if not presented within that period, they 
 cannot be received, examined and decided on at 
 this office. 
 
 First class of cases. 
 
 The claims provided for by the said act are, 
 First, "Any volunteer or drafted militiaman, 
 whether of cavalry, mounted riflemen, or infantry, 
 who, in the late war between the United States 
 and Great Britain, has sustained damage by> the 
 loss of any horse which was killed in battle, or 
 which has died in consequence of a wound therein 
 received, or in consequence of failure on the part 
 of the United States to furnish such horse with 
 sufficient forage while in the service of the United 
 States, shall be allowed and paid the value of such 
 
[ 15 ] 
 
 17 
 
 horse." This provision comprehends three de- 
 scriptions of cases : 
 
 1st. A horse killed in battle. 
 
 2d. A horse dying in consequence of a wound 
 
 received in battle. 
 3d. A horse dying in consequence of not being 
 furnished with sufficient forage by the United 
 States. 
 
 To substantiate a claim of either description — 
 1st. The order of the government authorizing 
 the employment of the corps to which the original 
 claimant belonged, or the subsequent acceptance 
 of such corps, or approbation of its employment 
 must be produced. 
 
 2d. The certificate of the officer, or surviving 
 officer, commanding the claimant at the time of the 
 iccident on which the claim is founded, which cer- 
 tificate, if not given while the officer was in the 
 service of the United States, must be sworn to; 
 and in every case it must, if practicable, state the 
 then value of the horse so killed or dying. Before 
 any other evidence will be received, the claimant 
 must make oath that it is not in his power to pro- 
 cure that which is above specified; and that the 
 evidence which he shall produce in lieu thereof, is 
 the best which he is able to obtain. In every case 
 the evidence must be on oath, and the value of the 
 horse so killed or dying, ascertained. All evidence 
 offered must be taken and authenticated in the 
 manner hereinafter directed, and in all these cases 
 the claimant must declare on oath, that he has not 
 received another horse from any officer or agent 
 of the government in lieu of the one lost. 
 
 3 
 
[ <s J 
 
 Second clases of cases. 
 
 " Any person, whether of cavalry or mounted 
 riflemen, or volunteers, who, in the late war afore- 
 said, has sustained damage by the loss of a horse, 
 in consequence of the owntr thereof being dis- 
 mounted, or separated and detached from the 
 same, by order of the commanding officer, or in 
 consequence of the rider being killed or wounded 
 in battle, shall be allowed and paid the value of 
 such horse at the time he was received into the 
 public service." This class comprehends two 
 descriptions of cases: 
 
 1st. When the owner has been dismounted, or 
 separated from, and detached from such horse bj 
 order of the commanding officer. 
 
 2nd. When the rider has been killed or wound- 
 ed in battle, and the horse lost in consequence 
 thereof. 
 
 The same evidence, in all respects, which is 
 required in the first class of cases will be required 
 in this. 
 
 Third class of cases. 
 
 Any person who, in the late war aforesaid, 
 has sustained damage by the loss, capture or de- 
 struction by an enemy, of any horse, mule, or ox. 
 wagon, cart, boat, sleigh, or harness, while such 
 property was employed in the military service of 
 the United States, either by impressment or by 
 contract; except in cases where the risk to 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 negligence 44 of the owner; and any person du- 
 ring the time aforesaid, who has sustained damage 
 
L 15 ] 
 
 by the death of such horse, mule-, or ox, in conse- 
 quence of failure on the part of the United States, 
 to furnish sufficient forage while in the service 
 aforesaid, shall he allowed and paid the value 
 thereof." This class comprehends two cases: 
 
 1st. The loss or destruction of property by an 
 enemy, taken by impressment, or engaged by con- 
 tract, in the military service of the United States ; 
 being either a horse, a mule, an ox, wagon, cart, 
 boat, sleigh, or harness, excepting articles for 
 which the owners had agreed to run all risks, or 
 which were lost or destroyed by the fault or ne- 
 gligence of the owners. 
 
 2nd. When a horse, mule, or ox, so taken or 
 employed, has died from the failure of the United 
 States to furnish sufficient forage. 
 
 In the first of these cases, the claimant must 
 produce the certificate of the officer or agent of 
 the United States who impressed, or contracted 
 for the property abovementioned, and of the offi- 
 cer, or surviving officer, under whose immediate 
 command it was taken or destroyed by an enemy. 
 Such certificates, if such officers or agents at the 
 time of giving them, be not in the military service 
 of the United States, must be sworn to, and must 
 positively state that the property was not lost, or 
 destroyed through the fault, or negligence of the 
 owner, and that the owner did not agree to run 
 all risks. Furthermore, the usual hire of the ar- 
 ticles so impressed or contracted for, in the coun- 
 try in which they Were employed must be stated. 
 
 In the second case, the certificate of the officer, 
 or agent, of the United States, under whose com- 
 mand such horse, mule, or ox, was employed at 
 the time of his death, must be produced. 
 
'20 
 
 Before any other evidence will be received, the 
 claimant must make oath that it is not in his power 
 to produce that which is above specified; and, 
 further, that the evidence which he offers, in lien 
 thereof, is the best which he is able to obtain. In 
 every case the evidence must state, distinctly, the 
 time, place, and manner of the loss, and the vaiue 
 thereof. 
 
 Fourth class of cases. 
 
 " Any person who. during the late war, has acted 
 in the military service of the United States as a 
 volunteer, or drafted militia-man, and who has fur- 
 nished T imself with aims, or accoutrements, and 
 has sustained loss by the capture or destruction of 
 them, without any fault or negligence on his part 
 shall be allowed and paid the value thereof. 
 This class comprehends two cases ; 
 
 1st. The loss of such arms or accoutrements 
 
 by the enemy. 
 2d. The loss of the same articles in any other 
 way, without the fault or negligence of the 
 • owner. 
 
 This provision does not include the clothing of 
 soldiers, or the clothing and arms of officers who, 
 in all services, furnish at their own risk their own. 
 The same evidence, in all respects, is required in 
 this as in the first class, and, moreover, that the 
 loss did not happen from the fault or negligence of 
 the owner. 
 
I 15 ] 
 
 21 
 
 Fifth class of cases. 
 
 <fi When any property has been impressed or 
 taken, by public authority, for the use or subsist- 
 ence of the army during the late war, and the same 
 shall have been destroyed, lost, or consumed, the 
 owner of such property shall be paid the value 
 thereof; deducting therefrom the amount which 
 has been paid, or may be claimed, for the use and 
 risk of the same while in the service aforesaid." 
 
 This provision relates to every species of pro- 
 perty taken or impressed for the use and subsist- 
 ence of the army, not comprehended in any of the 
 preceding classes, and which shall have been in 
 any manner destroyed, lost or consumed by the 
 army, including in its scope all kinds of provisions, 
 forage, fuel, articles for clothing, blankets, arms 
 and ammunition; in fa t, every thing for the use 
 and equipment of an arrnv. v 
 
 In all these cases, the certificates of the officers 
 or agents of the United States taking or impressing 
 any of the aforesaid articles, authenticated by the 
 officer commanding the corps for whose use they 
 were taken or impressed — and, furthermore, of 
 the officers and agents under whose command the 
 same were destroyed, lost, or consumed, specifying 
 the value of the articles so taken or impressed*, and 
 destroyed, lost, or consumed, and if any payment 
 has been made for the use of the same, the amount 
 of such payment ; and if no payment has been made, 
 the certificate must state that none has been 
 made. 
 
 Before any other evidence will be received, the 
 claimant must make oath, that it is not in his pow- 
 er to procure that which is above sftecifiedj and. 
 further, that the evidence which he offers in lieu 
 thereof, is the best which he is able to obtain, 
 
22 
 
 E is 3 
 
 Under this provision, no claim can be admitted 
 for any article which has not been taken by the 
 orders of the commandant of the corps for whose 
 use it may be stated to have been taken. For 
 any taking, not so authorized, the party's redress 
 is against the person committing it. 
 
 Sixth and last class of rases. 
 
 t; When any person, during the late war, hag 
 sustained damage by the destruction of his house 
 or building by the enemy, while the same was oc- 
 cupied a. 3 a military deposite, under the authority 
 of an officer or agent of the United States," he shall 
 be allowed or paid the amount of such damage; 
 provided, it shall appear that such occupation was 
 the cause of such destruction." 
 
 In this case, the certificate of tlte officer or agent 
 of the United States, under whose authority any 
 such house or building was occupied, must be fur- 
 nished. Before any other evidence as to this fact 
 will be received, the claimant must make oath, 
 that it is not in his power to procure such certifi- 
 cate, and that the evidence which he shall offer in 
 3icu thereof, is the best which he is able to obtain. 
 
 Furthermore, in all the cases submitted to this 
 office, every claim must be accompanied by a 
 statement, on oath, by every claimant, of all sums 
 which he may have received, on account of such 
 claim, from any officer, agent, or department oJ 
 the government of the United States ; and where 
 he has received nothing, that fact, also, must be 
 stated, on oath, by him. 
 
 It will be particularly noted by claimants, that 
 the preceding rules of evidence generally, and 
 more especially, apply to claims which shall not 
 exceed in amount two hundred dollars, and that in 
 
t 15] 
 
 23 
 
 ail cases in which the claims in amount shall exceed 
 two hundred dollars, a special commissioner will 
 be employed to take testimony ; but in these cases, 
 as for as it shall be practicable, the same rules of 
 evidence will be observed. 
 
 In all cases in which the officers or agents of the 
 United States shall have taken or impressed pro- 
 perty for the military service of the United States, 
 which property, so taken or impressed, shall have 
 been paid lor by them, out of their private funds, or 
 the value thereof recovered from them in due course 
 of law, such officers or agents are entitled to the 
 same remuneration to which the oiiginal owners of 
 the property would be entitled, if such payment or 
 recovery had not been made, and can settle their 
 claims at this office, producing authentic vouchers 
 for such payment, or recovery. Nor will any origi 
 nal claimants be paid through this office, till they 
 release all claims against such officers or agents of 
 the United States, on account of such taking 01 
 impressment. 
 
 In every case, no claim will be paid but to the 
 persons originally entitled to receive the same ; or 
 in case of his death, to his legal representative ; or, 
 in either event, attorney, duly appointed. When 
 attorneys shall be employed, it is reeommehcted to 
 the parties interested, to have their powers execut- 
 ed in due form. 
 
 All evidence offered must be sworn to, except 
 the certificates of officers, who, at the time of giving 
 them, shall be in the military service of the United 
 States, before some judge of the United States, or 
 of the states, or Territories of the United States, or 
 mayor or chief magistrate of any city, town, or bo- 
 rough, within the same, or a justice of the peace ot 
 any State or Territory of the United States duly 
 authorized to administer oaths, of which authority. 
 
21 
 
 [ 15 ] 
 
 proof must be furnished, either by a certificate un- 
 der the seal of any State or Territory, or the clerk 
 or prothonotary of any court within the same. 
 But the seal of any city, town, or borough, or the 
 attestation of any judge of the United States will 
 require no further authentication. 
 
 An offioe is opened on Capitol Hill, in the City 
 of Washington, in the building occupied by Con 
 gress, during its last session, for the reception ol 
 the foregoing claims. t 
 
 The printers in the United States or Territories 
 thereof, who are employed to print the laws of the 
 United States, are requested to publish this notice 
 for eight weeks successively, once a week and send 
 their bills to this office for payment. 
 
 All persons who have business with this office j 
 are requested to address their letters to the sub- 
 scriber as commissioner, which will be transmitted 
 free of postage. 
 
 RICHARD BLAND LEE, 
 
 Commissioner of Claims, 
 
[15] 
 
 25 
 
 Dffice. of Claims for property lost, captured, or destroy- 
 ed by the enemy whilst in the military service of the 
 United Stutes, during the late war. 
 
 Washington, June 24, 1816, 
 [Explanatory supplemental rule.] 
 
 In all the cases comprised in the notice from 
 this office of the 3d instant, the following supple- 
 mental regulation must be observed by every 
 claimant: viz. 
 
 Whenever the evidence, on each, of ^ny officer 
 of the late army of the United State.*, &ha!l be 
 taken, or the certificate of any officer, in service at 
 the time of giving it, shall bo obtained, such evi- 
 dence or such certificate must expressly suite, 
 whether any certificate or other voir 
 tion to the claim in question, has been < - in 
 the knowledge of such officer. The ela :uj*iit 
 must also declare, on oath, that he has never ic- 
 ceived from any person any such certificate or 
 voucher, or, if received, must state the cause of its 
 non-production. In every case the name of the 
 officer furnishing such certificate or voucher, to- 
 gether with its date, as near as can be ascertained, 
 will also be required. 
 
 RICHARD BLAND LEE, 
 
 Commissioner of Claims, Sfc. 
 
 1 
 
26 
 
 [B] 
 
 Copy of a letter from the Hon. William H. Craw- 
 ford, Secretary of War, to the Commissioner. 
 
 War Department, 
 
 October 21st, 1816. 
 
 Pursuant to the 1 1th section of the act 44 making 
 provision for property lost, captured, or destroyed 
 by the enemy, while in the military service of the 
 United States, and for other purposes," the Presi- 
 dent has been pleased to direct : 
 
 That the first and second sections of the slid 
 act do not embrace the case of officers of the re- 
 gular army; and that the property which a regular 
 officer may have taken with him in the service, or 
 which he may have been required by law to keep, 
 is not comprehended by the terms "impressed, or 
 by contract,*' used in the third section : 
 
 That the provisions of the 3d section extend 
 only to losses resulting from the acts of the enemy, 
 or from the failure of the government to supply 
 the necessary forage: 
 
 That the 9th section of the act extends only to 
 cases of destruction of property by the enemy, 
 which are justifiable by the laws of civilized war- 
 fan? The occupation of houses or buildings as 
 places of military deposite, or by an armed force, 
 must be continued up to the time of the destruc- 
 tion : 
 
 That the occupation of houses or buildings by 
 an armed force, for a night, upon a march, is not 
 within the meaning of the said section, unless in 
 the immediate presence of an enemy : 
 
 That no compensation, by way of interest, rent, 
 ©r damage can be allowed, under the act, for the 
 
t 1 5 1 
 
 27 
 
 time which elapses between the destruction of the 
 property and the decision of the commissioner: 
 
 That the act does not extend to the case of con- 
 sequential injury resulting from the destruction of 
 houses or buildings under the ninth section. No 
 compensation can, therefore, be allowed for the 
 destruction of houses or buildings not occupied as 
 a military deposite, or by a military force : 
 
 That in all cases of doubt, or of great impor- 
 tance, the commissioner shall submit the evidence 
 to the executive before any decision is made. 
 
 (Signed) WILLIAM H. CRAWFORD, 
 Richard Bland Lee, esq. 
 
 Commissioner, frc. &c. 
 
 m 
 
 Office of Claims for property lost, &c. 
 
 Washington, July 1, 1816, 
 
 Sir, 
 
 Several claims have been submitted to me as 
 provided for by the 9th section of the law of the 
 United States, entitled " An act to authorize the 
 payment for property lost, captured, or destroyed 
 while in the military service ©f the United States, 
 and for other purposes." The words of the law 
 are, " where any person, during the late war, has 
 sustained damage by the destruction of his or her 
 house or building, by the enemy, while the same 
 was occupied as a military deposite under the an- 
 
28 [ lb ] 
 
 thority of an officer or agent of the United States, 
 he shall be allowed and paid the amount of such 
 damage : Provided, It shall appear that such occu- 
 pation was the cause of its destruction." 
 
 I find a difficult) in determining what shall be 
 deemed " a military deposite" in the meaning of the 
 law. 
 
 1. Must the term be limited to the storing of 
 munitions of war ? 
 
 2. Can it be extended to a military occupation, 
 however transient, as quarters for soldiers for a 
 month, a week, a day, or a less time? 
 
 3. In a day of battle, if soldiers retire to a house 
 to use it as a fortress from which to annoy the 
 enemy, without the order of an officer, will such 
 occupation be within the meaning of the law? 
 
 4. In a day of battle, if soldiers occupy a house 
 for such purposes by order of an officer, however 
 inferior may oe his grade, will such occupation be 
 within the meaning of the law ? Your official an- 
 swers to the foregoing questions will very much 
 oblige, 
 
 Your obedient servant, 
 
 RICHAKD BLAND LEE. 
 
 The Hon. Rvhard Rir.h, 
 Attorney-General. 
 
29 
 
 [D.] 
 
 Copy of a letter from the honourable Richard Rush, 
 Jlttomey-Gmcral, to the Commissioner. 
 
 Washington, July 3, 1816. 
 Sir, .^f. 
 
 I have had the honour to receive your letter 
 Hated the first of this montn. 
 
 The o5th section of the act of Congress of the 
 21th of September, 1789, is the only law marking 
 down the public duties to be performed by the 
 attorney-general; and I have never felt myself at 
 liberty to assume the responsibility of official 
 opinions not enjoined by the terms or scope of that 
 law. 
 
 I beg you, sir, to be assured that nothing but 
 an unwillingness to depart from this rule, (which 
 has, also, f believe, governed those who have here- 
 tofore been attorney-general,) leads me to decline 
 giving answers to the questions which your letter 
 has propounded for my consideration. 
 
 With great respect, 
 
 I am your most 
 
 Obedient servant, 
 (Signed) RICHARD RUSH, 
 
 R. B. Lee, esquire. 
 
30 
 
 t '5 ] 
 
 [E.] 
 
 Office of Claims for property lost, frc, 
 
 Washington, July 5th, 1815. 
 
 Sin, 
 
 I enclose to you a copy of my letter of the 1st 
 inst. to the honourable Attorney General, and a 
 copy of his reply of the 3d. Inasmuch as he de- 
 clines answering the questions propounded to him, 
 I must request from you such opinions and instruc- 
 tions on the subject as you may deem pertinent. 
 I have the honour to be, 
 
 With the highest consideration, 
 
 Your most obedient servant, 
 RICHARD BLAND LEE 
 The hon. Secretary of War. 
 
 Office of Claims dor properly lost, 8,-c. 
 ' Washington, October 28, 1816. 
 
 SlF> As I find, from conversation with Mr. Gra- 
 ham, chief clerk of the War Department, that a 
 doubt is entertained by him, whether the claims 
 of the inhabitants of Buffalo, whose houses were 
 destroyed by the enemy on the 30th of Decem- 
 ber, 1813, and on the 1st of January, 1814, came 
 within the provisions of the ninth section of + *? 
 
[ 13 ] 
 
 31 
 
 Jaw of the 9th of April, last, under which I aet, 
 I deem it proper to submit to the consideration of 
 the President the testimony in the case of Giiman 
 Fulsom, before I definitively decide. This case 
 does not rest on such strong evidence as the few 
 in which I have made awards. From my conver- 
 sation with Mr. Graham, the principal objection 
 to the Buffalo claims is derived, as I understand, 
 from the official declaration of the enemy to our 
 government, that the village of Buffalo was burnt 
 by way of retaliation. I will observe, that 1 have- 
 not been furnished with this information in an offi- 
 cial form, or received any intimation from the ex- 
 ecutive government, how far it must be regarded 
 in opposition to the testimony of our own citizens, 
 taken in pursuance of the directions of the afore 
 said law of the ninth of April, last. 
 
 It is certain that this office has not the power of 
 going out of the limits of the United States to take 
 testimony; and the most natural place to obtain 
 the best testimony which the nature of the case 
 may admit of, appeared to be where destruction 
 was made. In selecting persons to take tills tes- 
 timony, I have sought out such as stood high in 
 the confidence of the government of New-York, 
 and who held respectable judicial stations. t 
 have endeavoured, in every instance, both in the 
 regulations concerning the mode of taking and 
 authenticating the testimony, and examining that 
 testimoney when furnished, to fulfil the injunction 
 of the law, by "paying a due respect as well to 
 the claims of individual justice as to the interest of 
 the United States," which, in my opinion, will be 
 more certainly promoted and permanently esta 
 blished by acts of justice and retribution to its 
 citizens who have innocently suffered in a war 
 waged for the common benefit, than consigning 
 
32 
 
 [ 15 ] 
 
 them to undeserved misery and want, in imitation 
 of governments which are created and supported 
 by military force, and do not rest, like ours, on the 
 basis of justice and equality of rights. 
 
 I am very sensible that in the ad judications which 
 t am bound to make, it will be extremely difficult 
 always to hit precisely the middle course of ren- 
 dering a reasonable justice to the claimant, with- 
 out, in any degree, trenching upon t!ie interest of 
 the nation But here humanity, considering the 
 relative situation of the parties, will excuse (if any 
 should be discoverd) a bearing to the side of 
 poverty and wretchedness. Enclosed I send, also, 
 a newspaper, which exhibits the course which the 
 British government has pursued relative to the 
 losses sustained by their Canadian subjects during 
 the late war, as well from the acts of their enemy 
 as their own army. 
 
 I shall be happy to receive from the President 
 his instructions relative to »he case herewith sent, 
 which I shall consider it my duty to obey. Till 
 then I shall suspend all adjudications under the 
 ninth section of the law. I am confidently impress- 
 ed! that the awards in all the cases which I have 
 hitherto decided, relative to buildings destroyed 
 by the enemy during the late war. will be found in 
 conformity to the interpretation and instructions 
 which I have received from him, unless the Buffalo 
 cases shall be excluded by the official declaration 
 of the enemy. 
 
 I have the honour to be, with great considera- 
 tion and respect, 
 
 Your obedient servant, 
 
 RICHARD BLAND LEE. 
 
 The Hon. Secretary of War. 
 
[ 15 ] 
 
 33 
 
 [F.] 
 
 Office of Claims for the property lo?t. &fc. 
 
 Washington, November 1st, 1816. 
 
 I have received your note of to-day, and beg 
 you to inform the President, that I feel it my duty 
 to conform strictly to any interpretation which he 
 may please to give to the law of the 9th of April 
 last, to authorize 4 * the payment for property lost, 
 captured, or destroyed by the enemy, while in the 
 military service of the United States, and for 
 other purposes," and that no decision shall be made 
 on any case depending on the ninth section of the 
 said law, till I receive his further instructions. 
 
 I have the honour to be, 
 With very great respect and consideration, 
 
 Your most obedient servant, 
 
 RICHARD BLAND LEE 
 
 Hon. George Graham, 
 •Acting Secretary of War. 
 
34 
 
 [F.] 
 
 Copy of a letter from the honourable George Gruham. 
 to the Commissioner. 
 
 War Department, 
 November 1st, 181(3. 
 
 /your communications dated the 25th and I 28th 
 oflast month, have ben submitted to the Presi- 
 dent, who has instructed me to say that the third 
 section of the act, "to authorize the payment for 
 property lost, captured, or destroyed," &c. will not 
 jnstily the payment of claims lor partial injuries 
 to oxen or horses. . 
 
 I am also instructed by the President, to request 
 that you will suspend all decisions under the ninth 
 section of the above-mentioned act, until further 
 advised. 
 
 I have the honour to be, 
 With great respect, 
 
 Your most obedient servant, 
 
 (Signed, GEORGE GRAHAM. 
 
£ 
 
 35 
 
 Copy of a letter from the Hon. William H, Crawford, 
 to the Commissioner. 
 
 Department of War, 
 
 September 7th, 1816. 
 
 Sir, 
 
 The President has been pleased to direct that 
 the occupation of houses and buildings, by the mi- 
 litary force of the United States, is embraced by 
 the ninth section of the act " to authorize the pay- 
 ment for property lost, captured, or destroyed by 
 the enemy while in the military service of the 
 United States, and for other purposes and that 
 compensation shall be allowed for damage sustain- 
 ed in consequence of such occupancy, in the same 
 manner as if such houses and buildings had been 
 occupied as a military deposite, under the authority 
 of an officer or agent of the United States. 
 
 I have the honour to be 
 
 Your most obedient, and 
 Very humble servant, 
 
 (Signed) WILLIAM H. CRAWFORD. 
 
 Richard Bland Lee, esq. 
 
 Commissioner for settling claims 
 
 for property lost, fyq. 
 
[ 15 ] 
 
 m 
 
 Copy of a leiner from the Hon. George Graham, 
 Secretary of War. 
 
 Department of War, 
 December 16, 1816 
 
 To the Commissioner. 
 Sir, 
 
 I am directed by the President, to inform you 
 that under existing circumstances, it is thought 
 propei that no unal decision be made on any case 
 now depending, or that may be exhibited under 
 the act * to authorize the payment lor property, 
 lost, captured, or destro)ed by the enemy, while 
 in the military service of the United States, and 
 for other purposes,"' passed the 9th of April, 1816. 
 You will, however, proceed to prepare and ar- 
 range all such cases for decision, when it shall be 
 deemed proper. 
 
 1 ha\e to request, also, that you immediately 
 prepare and furnish the report called for by the re- 
 solution of the House of Representatives, with 
 which you have been furnished; and in order to 
 avoid the delay of making copies, the original pro- 
 ceedings may be furnished. 
 
 I have the honour to be, 
 With great respect, 
 
 Your obedient servant, 
 
 (Signed) GEORviE GRAHA^ 
 
 fiichar d Bland Lee, Esq. 
 Commissioner of Chums, fcc. 
 
f i 
 
 31 
 
 [H.] 
 
 Office of Claims for property lost, ice* 
 
 Washington, October 2d, 1816. 
 
 Sir, 
 
 Having adjudged to Messrs. William O'Neale, 
 and Robert Taylor, the owners of the schooner 
 Islet, sunk in the Patuxent, by order of commo- 
 dore Barney, during the late war, while in the 
 service of the United States, the value of the said 
 vessel, I consider it my duty to apprise you of 
 the circumstance, as from this date the said vessel, 
 in her present condition, must be regarded as the 
 property of the nation. 
 
 Mr. O'Neale, informs me that he has been in- 
 formed that there is in her hold from twenty to 
 thirty tons of cannon ball, and one or two cannon. 
 It will rest with you to decide whether any at- 
 tempt should be made to save the vessel, and the 
 articles in her hold. 
 
 I am, with great consideration 
 And respect, your most 
 Obedient servant, 
 
 (Signed) RICHARD BLAND LEE. 
 
 Honourable Benjamin Crowninshicld, 
 Secretary of the JVavy. 
 
 True copy from the letter book, taken this 1 7th 
 of December, 1316. 
 
 PERRIN WILLIS, Clerk, 
 
r. 
 
 4