For this sum of $34,700 the petitioners seek relief at the hands of Congress.

Your committee can see no just grounds upon which the government can be held liable for all or any portion of it. The memorialists accepted the post, and assumed the duties of "sutler in the field" to the marching regiment, subject to all its hazards and chances of profit and loss; and the United States could not undertake to become insurers against loss of property.

It is presumed, and indeed the memorialists, in effect, admit that General Johnston used efforts to recover the property which, in his judgment, were proper.

Your committee report that, upon the facts as presented, the memorialists are not entitled to the relief prayed for, and they ask to be discharged from the further consideration of the case.

The Committee on Revolutionary Claims, to whom were referred the petition and accompanying papers of Samuel Jones, the legal representative of Capt. Samuel Jones of the Virginia line, of the revolutionary army, report:

That this case was submitted at the last session to the Committee on Revolutionary Claims of the House of Representatives, who made a report thereon, which report is hereto annexed, and adopted by this committee, to wit:

"It appears from the evidence before your committee that there were two officers in the Virginia line of the same grade and of the same name, belonging one to the 11th and one to the 15th regiment. The Captain Jones who belonged to the 15th regiment, was dismissed from the service in 1778. The other continued in active service till 1779, at which time several companies, broken by the events of war, were united to make full companies, by which arrangement the Samuel Jones under consideration was left without a command, and became a supernumerary, and, from the testimony of Chief Justice Marshall and that of others, your committee believe he so remained till the end of the war. The committee report a bill."

IN THE SENATE OF THE UNITED STATES.

JANUARY 12, 1859.-Ordered to be printed.

Mr. MALLORY submitted the following

REPORT.

The Committee on Naval Affairs, to whom was referred the memorial of Commander E. B. Boutwell, United States Navy, have had the same under consideration, and thereupon report:

The memorialist asks Congress for $14,435 in consideration of certain services performed and expenses incurred, and he further asks for the half-pay of a naval captain for and during the time of his suspension. The allegations of the memorialist upon which this extraordinary claim is based are these: "Your petitioner after a service of thirty-nine years in the Navy of the United States, and a late and arduous cruise of two years and some months in the Pacific (the latter having greatly impaired his health) has been tried by a court martial and suspended for five years on half-pay, being nine hundred dollars per annum.

"Your petitioner does not propose to discuss the justness of that sentence, or the prejudices which brought about his trial, but to ask your honorable body, in consequence of the deprivation of the support to which his long and faithful service in the navy of his country entitles him, that certain allowances may be made to him for extra services rendered by him in obedience to orders, and for moneys by him laid out and expended.

"Your petitioner shows that he was obliged to perform the duties of commander and purser of the United States steamer Colonel Harney, from the 19th of January, 1844, to the 15th of October, ensuing; and that the sum of twelve hundred dollars is a just and reasonable sum to be allowed to him as acting purser of a second class steamer for that period; and he prays leave to refer to the annexed document, marked A, in support thereof."

"That in the year 1855, while your petitioner was in command of the United States ship John Adams, at the Fejee Islands, he was called upon to officiate as a judge of a court of claims, and also in a diplomatic character, and to entertain and support the United States consul of that place on board his ship for a long space of time, and to provide for prisoners, witnesses, interpreters, and attorneys, all of which was

done at his own individual expense, and for which no provision or allowance whatever has ever been made to your petitioner. That he received special instructions from the commodore of the Pacific squadron, containing, among other things, the following: 'It is the desire of the Navy Department that every reasonable effort be made to preserve and strengthen the friendly relations now subsisting between the United States and the Sandwich Islands.' In pursuance of the said orders your petitioner found it necessary and expedient to entertain, and did so entertain the King and government officers of these islands, at various times, out of his own private funds, and for which no provision or allowance has ever been made to your petitioner; and he avers that for his services at the Fejee Islands and other Polynesian Islands, not in the line of his duty, and for the disbursements he was obliged to make, he is reasonably entitled as compensation to the sum of twelve thousand five hundred dollars.

"He futher prays that he may be allowed the difference between sea and leave pay, from the 1st of January, 1857, and the 14th of February, 1857, the day on which he arrived in the United States, amounting to fifty dollars.

"He further prays that he may be allowed his travelling expenses from Valparaiso to New York, under a sick ticket, after a medical survey had been had upon him, amounting to the sum of three hundred and eighty-five dollars.

"Also that he may be allowed the difference between duty and leave pay whilst attending on the court of inquiry in the city of Washington, in pursuance of a decision of the Navy Department, amounting to the sum of one hundred dollars. Your petitioner respectfully submits, on this point, that he is as much entitled to duty pay, while acting under the orders of the department, as if he were a witness before a court martial.

"Your petitioner further showeth that, in consequence of the troubles at San Francisco, in the year 1856, he was detained at that place for many weeks in his ship, the John Adams, by order of his senior officer, at great expense to your petitioner, whereby he was prevented from going to sea, in obedience to the orders of the commodore of the Pacific squadron, until it was too late in the season to visit many of the Polynesian Islands, and by reason whereof his troubles with Commodore Mervine arose. And on his arrival at Valparaiso, through the Polynesian Islands, his health became so completely impaired, and he became so dangerously ill, that he was forced to remain on shore for several weeks at his own expense, costing him two hundred dollars, which amount he prays may be

refunded to him.

"Your petitioner further prays that he may be allowed the halfpay of a captain, during his suspension, inasmuch as a vacancy for promotion occurred in that grade in June, 1857, which he was entitled to fill, and in consequence of the reports of Commodore Mervine, he was not promoted nor tried until June, 1858, after the vacancy had been filled by the restoration of the retired officers; your petitioner averring that by the law of the land a man is considered to be inno