The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-04-18


aThe committee appended thereto vesy elaborate rspor
made the 9Th OF April 1924, by select COMMITTEES APP
pointed inquire what further legislative PROVISIONS
necessary carry into effect the provisions Of The aoreait
Of the 80 Of March, 1917 amendatoy of that of the 9Th
April 1916 The latter report was accompanied by bill
and which, by renewal at the succeeding session OF Con
gress became it is believed after modification the law
the Sd Of March 1925 before noticed. This general view
of the pursued IN relation TO arising under the
ninth section Of the law Of the 9Th Of April 1916, by Pres
II sdeemed TO manifest the design TO have been all times
that the aforesaid ninth section should be construed strictly
and knowledge Of this had due aaaenee Ia the
action of this officer the claim in December 1886 and
the pursued in Congress with reference the parc
ular of Mr. Cateit has been here again noticed be-
cause it is considered to eynee intention that he should
receive relief unless he could bring his claim within the
principles Of the aforesaid laws Of 1916 and 1877
The papers IN the appear have been recently laid
before the late Attorney General and by whom an oPnon
has been given follows;
80 satisfied that Mr. Cae is entitled relief under
the special for his benefit; but have not yet been
able to bring my mind to satisfactory conclusion as to the
proper measure OF compensation TO be appedvz whether
should be the price the price that ought to be
aIowed'n
That is the Of the opinion. IL is signed -. j.
Critenden.n
The opinion ii is observed, does express that Mr.
Catett s entitled relief under the special act upon The
principles Of e aforesaid aos IF 1916 and 1917 and
baly, MIR. Cae has sgnhed that the Attorney General
threw those laws entirely out of view, and relied on some
other ground.
1.-The special appears to TO confer power on
the accounting officers settle the claim upon any other
efers do declared in the opinion that the
accounting officers would be justified in settling the claim upon
different principles under the special act independent OF any
ITO show that no allowance be made on the claim
upon the principles Of the of Congress Of the 9th OF
April, 1916 and Sd of March, 1877, the claim viii be now
reviewed taking the items separately and the testimony
applicable 10 EACH
sorry take up much of the time of the Senate
in reading this but the important 1t is precisely
similar, and the testimony is the same as the testimony IN
this case, except the difference OF noies held by the
parties. ..
g First hundred and fortynine hogsheads of to-
bacco Nottingham the earliest letter OF General scoe TO
the claimant contains as follows:
80 At your request for information in relation to HE to-
bacco your property taken from the warehouses at Not
ngham by the British during the period of their nvasion
have to state that part Of your tobacco was used by my
orders, commanding officer at Nottingham for the pur-
pose of erecting breaswork for the defence OF the place
and with the exception Of three four hogsheads am
confident OF the sale made you of one hundred aud
hye hogshead that the remainder carried away by the
enemy also recollect that Benjamin Oden, esq re-
marked that part of hs tobacco thus used was sold by
him to YOU
The second letter from General Bsooe to the claimant
purports to be request for information e
the defence of Magruders warehouses in june 1874 and
after representations relative thereto, proceeds thus
80 am that you sustained considerable loss IN To-
baeco there, and elsewhere the Patuxent river from the
circumstance Of your having purchased Of more than
hundred hogsheads which, with the exception of few (say
to the best of my recollection, four hve) at the ware
houses here 1.-THE letter expressed to have been at Not
tingham either burnt in Magruders warehouses,
the period above stated carried away by the enc
my their retreat from the city of Washington to their
shipping this place AT period, used the tobacco in
the warehouses here for military purposes part of which
Fecoect, was your property having sold 1t 10 YOU"
Then the deposition Of james Baden He says
General George w. Biscoe, commanding the Maryland
militia the 18th day Of June, si, Chen Major Blsooe
ordered the tobacco be rolled Of the warehouse
Nottingham, Prince Georges county Mnryla and large
breastwork made ooaccohe cannon planted behind
It; and then fired the Biidsh, no manned eleven
barges. commanded by Commodore Barry, who at thai
time Gated The heads out of many OF the hogs
heads, and the tobacco good deal torn The British
some Time after took the os of the tobacco from that
warehouse and they kept possession of the waters Of the
Patusen river high Nottingham from that time until
they burnt the Capitol.
" There is proof is II even alleged, that the ware
house at Nottingham occupied for any military
purpose whatever yet that destroyed by the
my. 1t only have been occupied by order Of
officer or agent Of the United States place Of depoe for
military stores barracks for military forces of the Uni
ted States but have been destroyed by the enemy while IN
such occupation, and in consequence thereof TO have
broug the tobacco within the ninth section of the act
of the 9th Of April 1916 construed by the commits
sioner
"Thc part aforesaid deposition OF James Baden
which, after mentioning the breoswork and the cannon
planted behind IL, he says And then fired the Brit
sh who manned eleven barses, &c is only unsustaned
by the testimony Of General Bsroe, the commanding Off
GER be in conflict with another part OF MIR Ba-
denis own testimony which as regards Magrudrrs
house will be hereafter mentioned and in which he repre-
that have been burnt by the enemy and
adds, This the I7h day OF june, 1914, above
stated which day prevented them from coming to Not
tiogham which probably prevented that warehouse from
| sharing the fate
Divcsted Of the testimony the firing, the will
be devoid Of all proof ofany conflict ct Nottingham in
June, 1914 II obvious, from the testimony that the
tobacco then rolled OF the warehouse there and formed
breastvork only temporarily used, and that the
enemy did carry of The tobacco from Ire warehouse
there ill they their from Washington aer
burning the Capitol in August Had the tobacco used
been taken and destroyed while in such the testimony
observed in the former report affords for de-
,ermnng the quantity taken for the breast work. how
much Of what taken belonged TO Mr.. Catett"
admit that il il had been taken for such use, and
tnrned, the government would have been bound for IT,
General Bscoe, in his frat letter. aodes by him
Of hundred and five bogsheads, TO Mr. Catep; but
appears by his second letter. that than four five
OF them Nottingham all the others being represented
70 have been either burnt in Magrs warehouse IN June
carried away from place places the Paiusep
/ by the enemy, on their retreat IN August.
He then prove that great deal Of this tobacco
had been taken Of the warehoure and deposited barns
and other places The Auditor then proceeds investigate
the testimony as 10 Magruda's warehouse, aud says,
The statement 10 relation thereto General Bscoe
second letter. follows You request information
the subject Of the defence Of Magrudes werehousc
i 1914 10y detachment Of militia acting under my orders
In reply, have state that the captain IN command
ported his with the enemy that place
He stated that the approach Of the British burges
(ssd be) under the command OF Commodore Barry
Colonel Maoomb, Of Marines he posted his behind thu
warehouses suated within hrty yards OF the shore
that his IRE OF muskery could be deemed eeetua