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The Committee on Claims, to whom was referred Senate bill No. 672," For the relief of the trustees of the Theological Seminary and High School of Virginia," have examined the same, and beg leave to submit the following as their report:

The petition of the claimants sets forth that the buildings belonging to the institution above named were taken possession of by United States military authorities in July, 1861, and have been used from that time up to August or September, 1865, as hospitals; that the principal buildings had been newly erected and completed; that the buildings were comfortably furnished as domiciles for students and teachers; that the furniture was used in the hospital arrangements, and some apparatus belonging to them was lost or destroyed. The petitioners pray for such compensation in the way of rent as would place the buildings and premises in the condition they were in when taken by the Government, and make them "fit for the uses for which they were designed." Accompanying this petition is a copy of some correspondence from the Quartermaster General's office, showing that at the command of that department Quartermaster J. G. C. Lee made an investigation of the condition of said buildings, and reported as follows:

"That the buildings were in substantially the same order as when taken possession of by the Government; that they had been but little injured by the occupation of the medical department; that to put them in good repair again would cost $5,000, but to restore them to their condition when occupied would only cost about $900; that this estimate was but just enough to put the buildings in order for occupation."

That, in accordance with this report, an order was issued by that department, causing "such repairs to be made to said buildings as would make them tenantable, at a cost not exceeding $900.”

These are all the facts in the case as far as your committee have been able to learn from the papers and evidence in their possession. There are no estimates of damages done to the property, no charges for rent in arrears, and no proof, in fact, that either damages or rent are due from the Government. On the contrary, the only authenticated fact in the case is to the effect that $900 were paid out by the Government in refitting the buildings, that being the estimate of damage done, made by a United States officer, sent for the purpose of examining the property. In view of these defects in the evidence, your committee would respectfully recommend that the claim be disallowed, and the committee discharged.

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The Committee on Claims, to whom was referred the petition of Mary M. Clark, widow of Leonard Clark, deceased, have had the same under consideration, and report as follows:

The claim made is for compensation for services rendered by Leonard Clark as a guide and scout, and for the time spent by him as a prisoner in the hands of the enemy after being captured in that service. The amount claimed is $1,202, being for the time from July 26, 1861, until March 18, 1863, six hundred and one days, at $2 per day. Major General J. J. Reynolds certifies that upon the recommendation of General T. A. Morris, (in whose service it would seem Clark had previously been,) he employed Clark on the 26th day of July, 1861, at $2 per day; that on the 30th of July, 1861, while on duty under his orders, Clark was taken prisoner by the rebel forces in his front, south of Camp Elk Water, Virginia, and that he was deprived of his services after that time; and that he believes he was held as a prisoner from the time of his capture until the 18th of March, 1863. He further states that owing to the absence of his quartermaster on the 30th day of July, 1861, he having just taken command, and the quartermaster not having then reported, Clark's name was not embraced in the monthly report of persons hired.

Colonel Wm. J. Palmer, who was taken prisoner at the battle of Antietam, in September, 1862, and imprisoned in Castle Thunder, in Richmond, as a spy, or charged with being such, certifies that Clark was brought to the same prison about October 1, 1862, and confined in the same room with him; that they were denied the privileges of ordinary prisoners of war; that when he was taken out in January, 1863, Clark was left in prison.

The affidavit of Clark is also before us, stating that he was confined in various rebel prisons, and treated as a spy from the time of his capture until he was exchanged on the 18th of March, 1863. He also states that he was captured when in company with Dr. Wm. B. Fletcher. He was since killed in battle, and his widow now renews the claim before Congress.

The testimony, it will be seen, as to his capture on the 30th of July, rests upon his own affidavit, and the absence of a statement by Dr. Fletcher is not accounted for. His actual confinement in prison is not established until October, 1862, when he was taken to the prison occupied by Colonel Palmer, in Richmond, and no evidence other than his

own statement is given to us of the time of his exchange. General Reynolds, however, does not seem to doubt the fact of his capture at the time stated by him, his detention, or discharge, and if Dr. Baxter survived Clark, it is fair to presume General Reynolds had his information from him.

Congress has recognized the propriety of paying to captured soldiers or officers the same wages they would have been entitled to if in actual service, notwithstanding their term of enlistment may have expired during their imprisonment. This man, although not an enlisted soldier, was in the employment of the military authorities, upon service equally if not more hazardous than that of enlisted men, and the spirit of the act referred to would seem to embrace him, although its letter does not. For this reason his claim was not allowed by the accounting officers, although they say "the case is a meritorious one, and appeals strongly to the equity of Congress for relief."

The committee are of the opinion that the claim should be paid to his widow, and report a bill accordingly.

3d Session.

No. 293.

IN THE SENATE OF THE UNITED STATES.

JANUARY 18, 1871.-Ordered to be printed.

Mr. PRATT made the following

REPORT.

[To accompany bill S. No. 1215.]

The Committee on Claims, to whom was referred the memorial of William H. Colledge, praying compensation for clerical labor performed in the office of the Third Auditor of the Treasury Department, submit the following report:

The services for which Mr. Colledge prays compensation may be made him were rendered as a temporary clerk in the office of the Third Auditor of the Treasury, under a call of Congress, in auditing and adjusting the Oregon and Washington war claims, so called, and, as the memorialist claims, covered the period intervening the 11th day of May, 1859, and the 11th day of October of the same year, a period of five months.

He submits his own affidavit, covering the points of employment, period of service, and non-payment.

He also submits what purports to be a copy of a letter from the acting Third Auditor to the Secretary of the Treasury, dated October 10, 1859, as follows:

A.

TREASURY DEPARTMENT, Third Auditor's Office, October 10, 1859.

SÍR: I have the honor to state to you that Mr. W. H. Colledge has been employed in this office for the past two years, and last as a substitute for Mr. J. J. Wright, for which he was compensated by Mr. Wright up to the 11th of May last. Mr. Colledge was then engaged in the preparation of a report called for by the Committee on Military Affairs of the last session of Congress, being the claims of the Territories of Oregon and Washington, in which the sum of six millions of dollars is involved. It was deemed necessary to continue him, and this office has had his services from that time without remuneration, there being no fund at the disposal of this office available for such a purpose. I am somewhat at a loss to determine how to act in his case, and am therefore compelled to seek counsel from you. Allow me to suggest that an appropriation of $12,000 was made at the last session of Congress to meet cases of this nature, which might, in my opinion, be resorted to to pay Mr. Colledge.

This is a very important report, and as Mr. Colledge is now familiar with its details, it would be highly advantageous to this office to have his services continued until it is finished.

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It is very important to know if you will sanction the continuance of Mr. Colledge's services beyond the date of this letter.

With great respect, your obedient servant,

Hon. HOWELL COBB,

Secretary of the Treasury.

SAMUEL S. RIND,
Acting Auditor.

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