2d Session. No. 70. C. O. SPENCER. Letter from the Assistant Clerk of the Court of Claims, transmitting a copy of the order dismissing the case of C. O. Spencer against the United States. DECEMBER 18, 1890.-Referred to the Committee on War Claims. COURT OF CLAIMS, CLERK'S OFFICE, Washington, December 17, 1890. SIR: Pursuant to the order of the court I transmit herewith a certified copy of the order dismissing case in the aforesaid cause, which case was referred to this court by the Committee on War Claims, House of Representatives, May 28, 1886, under the act of March 3, 1883. I am, very respectfully, yours, etc., Hon. THOMAS B. REED, JOHN RANDOLPH, Assistant Clerk Court of Claims. Speaker of the House of Representatives. In the Court of Claims. December term, 1885. Congressional case, No. 983. C.O. Spencer. The United States]. PETITION. [Filed July 9, 1886.-J. R.] To the honorable the Court of Claims of the United States : Your petitioner, C. O. Spencer, respectfully represents, that he is a citizen of the United States, residing in Benton County, State of Mississippi, where he resided during the late war of the rebellion; that at different times during said period the United States forces, by proper authority, took from your petitioner quartermaster stores and commissary supplies of the value of $4,629, and appropriated the same to the use of the United States Army, as follows: Your petitioner further states, that he was a minor when the law establishing the Southern Claims Commission, under the act of Congress approved March 3, 1871, was passed, and the time for filing his claim expired by limitation in 1873. Your petitioner petitioned the Congress of the United States for relief, and on or about the 3d day of June, 1886, said petition was by the Committee on War Claims of the House of Representatives, referred to the honorable Conrt of Claims, under section 1 of an act of Congress approved March 3, 1883, entitled "An act to afford assistance and relief to Congress and the Executive Departments in the investigation of claims and demands against the Government." Your petitioner further states, that his said claim has not been assigned or transferred, and he is the sole owner thereof; that it is correct and just; that he did not give any aid or comfort to the late rebellion, but was throughout that war loyal to the Government of the United States. Wherefore your petitioner prays that when the facts shall have been ascertained as to his loyalty and the justice of his claim, the same may be reported to the House of Representatives of the United States or to the said Committee on War Claims, as provided in said act of March 3, 1883. C. O. SPENCER. Personally appeared before me, Jno. H. Morgan, clerk of the circnit court of Benton County, Miss., C. O. Spencer, who, being duly sworn, says that the statements contained in the foregoing petition are true, to the best of his knowledge, information and belief. Subscribed and sworn to before me this 14th day of June, A. D. 1886. [SEAL.] JNO. H. MORGAN, Circuit Court Clerk, Benton Co., Miss. [Court of Claims. Congressional case No. 983. C. O. Spencer v. The United States.] At a Court of Claims held in the city of Washington on the 5th day of May, 1890 the court filed the following FINDINGS: This claim originated in Mississippi, and not having been presented to the Southern Claims Commission, it is barred under the third section of the Bowman act. The fact that the claimant was a minor when said Commission was organized will not relieve it from the bar of the statute. Filed May 5, 1890. A true copy. Test, this 17th day of December, 1890. [SEAL] BY THE COURT. JOHN RANDOLPH, Assistant Clerk Court of Claims. 2d Session. No. 71. J. C. BARNETT, ADMINISTRATOR OF WILLIAM E. BARNETT, DECEASED. Letter from the Assistant Clerk of the Court of Claims, transmitting a copy of the findings filed by the court, dismissing the case of J. C. Barnett, administrator of William E. Barnett, deceased, against the United States. DECEMBER 18, 1890.-Referred to the Committee on War Claims. COURT OF CLAIMS, CLERK'S OFFICE. SIR: Pursuant to the order of the court, I transmit herewith a certified copy of the finding filed by the court in the aforesaid cause, which case was referred to this court by the Committee on War Claims, House of Representatives, under the act of March 3, 1883. I am, very respectfully, yours, etc., Hon. THOS. B. REED, JOHN RANDOLPH, Assistant Clerk Court of Claims. Speaker of the House of Representatives. [In the Court of Claims, December term, 1883. Nos. 8 and 18, Congressional cases. J. C. Barnett administrator of William E. Barnett, deceased, vs. The United States.] PETITION. [Filed March 17, 1884.-J. R.] To the honorable the Court of Claims of the United States : Your petitioner, J. C. Barnett, respectfully represents that he is the administrator of William E. Barnett, deceased, who during the war of the rebellion was a citizen and resident of Memphis, Shelby County, Tenn.; that about the month of September, 1862, deceased furnished to and had taken from him by and for the use of the U. S. Army, through the proper officers thereof, the following described property, to wit: 60 head horses.. $9,000.00 1,000.00 1,200.00 1,000.00 500.00 400.00 13, 100.00 Taken by order of General S. A Hurlbut. Petitioner further states that about March, 1874, the said William E. Barnett presented to the Quartermaster-General, U. S. Army, his claim for compensation for said property, in accordance with the provisions of the act of Congress approved July 4, 1864, entitled "An act," etc., and was by said Quartermaster-General disallowed January 8, 1878, on the ground that he was not convinced that the stores were actually taken H. Mis. 1-63 and used by the Army; that in February, 1879, the said William E. Barnett, being convinced of the injustice of said action of the Quartermaster-General, petitioned Congress for relief; that said petition was by the House of Representatives of the Forty eighth Congress referred to the Committee on War Claims of said House. and by said committee, on the 26th day of February, 1884, transmitted to the hon orable Court of Claims of the United States under section 1 of an act entitled "An act to afford assistance and relief to Congress and the Executive Departments in the investigation of claims and awards against the Government." Your petitioner further represents that the said William E. Barnett did not give any aid or comfort to the late rebellion, but was throughout that war loyal to the Government of the United States; that he, as administrator of William E. Barnett, is the sole owner of the aforesaid claim. Your petitioner therefore prays that when the facts shall have been ascertained as to his loyalty and the justness of his claim, the same may be reported to the said Committee on War Claims or to the House of Representatives of the Congress of the United States, as provided in said act of March 3, 1883. GILBERT MOYERS, Attorney for Petitioner. STATE OF MISSISSIPPI, Montgomery County: J. C. BARNETT. Personally appeared before me, John H. Drane, clerk of the chancery court of Montgomery County, J. C. Barnett, who made oath that the above alleged facts are true, to the best of his knowledge and belief. Sworn to and subscribed before me this the 13th day of March, 1884. [SEAL.] JOHN H. DRANE, Clerk. ¡Court of Claims. Congressional Nos. 8 and 18. J. C. Barnett, administrator of William E. Barnett. deceased, vs. The United States.] This case, being a claim for supplies or stores alleged to have been taken by or furnished to the military forces of the United States for their use during the late war for the suppression of the rebellion, the court, on a preliminary inquiry, finds that upon the evidence it does not appear that William E. Barnett, the person alleged to have furnished such supplies or stores, or from whom they are alleged to have been taken, was loyal to the Government of the United States throughout said war; and the case is dismissed for want of further jurisdiction. BY THE COURT. JOHN RANDOLPH, Assistant Clerk Court of Claims. |