The New York herald., 1850-05-18

Law authorizing the Secretary Of State to examine a
| accounts Of the expenditures Of the people Of We
Florida incurred BY them in the revolution they ha
effected and pay them. Reuben Kemper came I
Washington ss the agent Of the claimants His 90
counts all examined by Mr.. John @. Adams thel
Secretary Of State and allowed, with the exception
one claim, purporting to be for arms and munitions
war to the value of sl775, furnished in Mobile river
by one Henry De la Francis, to Reuben Kemper, the
agent OF the government This claim rejected By
Mr. Adams as there were no vouchers to sustain II.
hemper however, did not give it up. He bought ne-
qroes and settled plantation on Red River, and
there got one Charles Muhollsnd to admi mister upon
Se estate Sf the aforesaid De Ia Frsncs "a dctous
person ana TO BRING suit against him pemper) for
sil,o alleged to be dee said De la frsncias estate,
for arms, sc, furnished in Mobile river
Colonel Gilbert g. Russell late of the army a rssi-
dent Of Mobile, and in this city was second in
command under Lieutenant Colonel Pike, at Alexsn-
aria or Baton Rouge at the time Mulholland brought
suit against ksmper, in the court at Alexandria for
the alleged sum OF Sll775 lie says that General
Joseph Walker, now Governor Of Lcpisans was ths
foreman Of the jury; that the jury at FIRST declined to
bring in verdict but subseq dd bring one in
against Kemper for the sum OF Sl i55 with Interest at
10 per cent from the 5th Of November 1910 until paid
but that execution issued to collect the money en-
per wanting only the judgment OF court for his
Colonel Russell refers TO General Jessup, who was
stationed at Baton Rouge at the time, in command OF
company OF the 'th regiment, to Cyrus Sbley, old
ana much respected citizen of Mobile and to all Of
the Oldest anu most respectable inhabitants of Mobile
decla-
ration that there never was knownn either place the
time referred to- or about that time an such person as
De "a hrsnea or any arm or any munitions of war Of
10 kemper or to any body else In behalf govern
ment
Colonel Russell declares the claim to be wholly icti-
tous. and rotten from beginning To end and that II
Mr. Clayton win ask for committee to examine into
tie subject with power to send for and
he will prove Ii to be He says ii rejected by
Mr. Clay when Secretary of State in 1926 and subse-
quently by other heads Of the same department Mr.
sel O al Ia cle
Mr.. Hunter, TO whom Mr. Clayton had referred tho
subject and the papers connected with it, about to
report to his prn cipa adversely when all at the
papers were withdrawn-Mr Attorney General john
son pliedhis legal opinion obtained that tho
claim ought TO be paidand IL paid the principal,
sll1.5 with interest at fix per cent, mot tenD from
5th Of November, 1910.
have Colonel Russell's authority for referring to
him in this matter Does not the official conduct Of
Messrs johnson and Clayton, in this transaction call
for an investigation
The history OF the Benson claim thus:-Under
the Tyler administration, A. O. Benson, SC. of Now
York, had contract tor taking freight TO public
vessels IN the Pacific semannually, at three dollars
per barrel and to carry cut cmgrsnts TO Oregon not
exceeding aspcciled number free cf charge The con-
trac, was TO expire when notice that effect should
given. After tho election Of MIR. Polk to the prcs-
doncy, but before Mr.. Tylers term had expired, be-
lieye. Dir Benson asked to have notice for the
tract to last for two years entered said contract
This refused, but consent was obtained that ths
contract should run for six months, or that Mr..
Benson should have six months notice for the contract
to terminate.
Mr. Bancroft soon after entering upon the dulios Of
his once as secretary OF the Navy
given to Mr.. Benson, in conformity with Mr.. Tyers
previous directions that his contract would run out i'm
six months from that date. Within that period no
contract made with any for freight to the Pac
fc. but public storeship carried out the supplies
Mr. Benson applied to Mr. Bancroft for damages. TO be
paid on principles Of Law and equity These alleged
damages we're refused by Mr. Bancroft Mr.. Mason. and
Mr.. President Polk. The case was submitted to tho
law officers Mr. solicitor Gillett and MIR. Attorney
General Toucoy who decided that there no law
equity TINT would justify the allowance of the claim
On the last day q the last session Of Congress jont
resolution "glidod through that body authorizing
the Secretary of the Navy settle DIR. Bensons de-
msnds relative to the Pacific freihage and alleged
damages, upon principles of law and equity"
OF course. the Polk administration was the next
day TO retire from Office, the question Of damages could
not he referred back to IL for reexamination BY its
law officers who had already decided there no Law
equity 10 justify the claim. SO Il taken by
Mr. Secretary Preston who after getting the requisite
legal opinion from Mr. Reverdy Johnson that IL ought
10 be allowed, approved end paid IT, Ought not the
matter to be investigated Who the agents and
attorneys, Aye. there l. the rub How many Of the
old rejected claims which have been rc-openrd and
paid by members Of this cabinet, have Leen paid to
relatives and favortcs principals or attorneys OF
the binet officers who have allowed aud paid them
There Is rumor that claim of some $50 600 has
beer paid out Of the Treasury To Nossrs. Corcoran
Rigg the vouchers for which had been lost. the reci
ponts Of the proceeds of the claim certifying that they
held the proper vouchers but which had been mis
laid or Lost give the rumor rumor in the shape
II comes to me, hut vouch not for its correctness
The Onlphin committee viii report soon, and
will Offer resolution fixing day for its consideration
and disposal The principal report will be hard spon
not vote against 1t, as it Is understood.