The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-12-28
COURT OF CLAIMs-oPIsION OF CHIEF JUSTICE
GILCHRIST.
@. A. Afagrudar W. the United STATES.
Delivered 10th December. 1855.


To ns Honorable the Jadges Of he IT, s. Court Of Cfams
The petition OF George A. Magruder, commander in the
navy Of the United States respectfully represents
That il April, 1885, he ordered lieutenant to the
which ship then under orders for the East India
That while board Of said shiptha s to say, from the
performed the duties captain lie claims 70 b allowed and
paid the differences Of between that or lieutenant and
the higher grade OF captain while performing the duties Of
act ,sgps. the q hs nay the United
then pR'Hasa p erss h
forming the duties belonging to those Of higher grade sl.
rss1s the allowed e such higher grade -h
while lieutenant in tho United States navy during the
essenes of 5 SAID .s hs can chow tlat h
that he is entitled to reesirs e aorsd sneh
'2gasr erode li.s aesay sploy.a 4. evidence that
captain during the time alleged hs certificate Of
wsl' so ss ss e~ug % ,ss
squadron during that time
Copy Of Certificate.
"I certify that Lieutenant George Magruder senior
lieutenant board the igate Columbia, from the 18th Of
further certify Lieutenant ss1udsr stood 70 me- rs.
ton Of captain OF the Columbia and actually performed the
duties Of captain during the period set orth above
"pmLADEIpmA, Feb. 8, 1855"
Your petitioner presented his claim to the Fourth Auditor
for payment and OF allowed and psidvz for
the time during which Commodore Read obliged be
which resulted the war between England and China The
Fourth Auditor admitted this part Of the claim under
of March 1885, but refused for the OF the
time during which Commodore Read certified that your Pc
Department had offered order captain the Coumbfa
previous to her sailing, which oder not accepted
amba entitled e.ptan, and given number Of Off
and men, and the estimate for captain presented
preparation duly made.
Subsequent the refusal Fourth Auditor pay the
ond @ G e m 3 II Ss winter
he laid his claim before Congress- whose action, together
ned by reference to the it stands in the Office Of
the Secretary Of the Senate and Of the Clerk Of the House
Your petitioner beg. copy Of the report
Of the Senate COMMITTEES Naval Affairs, viz Report No
5is 33d Congress, I'd session, to accompany bill 6ac
This not unusual case, but many occs Of the
navy have various times during tho existence OF the act Of
March 1885, received the difference Of between that Of
the grade to which they belonged and the superior grade
the duties of which they had been ordered to perform
Among the papers Or file with the Secretary Of the Senate
tom esq., giving "a few OF the many officers who hare re
ceived difference Of for having performed the duties Of
tGcate OF their commanding officers" 10.
i true that Commodore Read previous to leaving the
appoint his then first lieutenant act
ing commander Of tho Columbia, which application was
Read accept Lieut.. Pendegrsst wss his request
detached and your petitioner ordered in his stead Com
the Secretary the Navy the only objection urged BY the
Fourth Auditor against the full allowance Of the claim II
this objection be valid 1t fatal TO the whole ciai
and part should have been paid But petitioner
tends that Is not valid objection Tho certificate of
Conn., Read furnished the evidence that petitioner then
fret ieutenxnt, had during certain period specified
formed the duties OF captain and the law Of March 1885,
unequivocay allows him tho difference Of pay between the
grades for the whole period.
The House Committee Naval Affairs, appears by .
written report file in the clerks office, after rectng the
basis Of this claim and giving the certificate of Com Read
dated sd February 1852 on to say that the committee
regarding the certificate of CON- Road conclusive To the
capacity in which the petitioner performed duty not only
deem the claim just undor the then existing lay above refer
red but they regard arrearage due Capt. Ma
gruder Your committee therefore, recommend the passage
Of the Senate bill GAG, which provides for his payment
bill in such as enacted, viii effect the object Of his
petition. u. A. MAGRUDER,
Commander U. 8. Navy.