45-2Indian AffairsOn the Relief of S. Marshall. [1823] Disbursing agent of the California Indian treaty commission of 1850.1878-8

House of Representatives Report No. 467, 45th Congress, 2nd Session (1878)

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45TH CONGRESS, } 2d Session. HOUSE OF REPH,ESENTA.TIVES. S. T. MARSHALL. {REPORT No. 467. APHIJ, 5, 1878.-Committed to the Committee of the Whole House and ordered to be printed. l\fr. BooNE, from tlle Committee on Indian Affairs, submitted the followiug REPORT: [To accompany bill H. R. 1614.] The Committee on Indian .il.ff'airs, to whom was referred the bill (H. R .. 1614) fm· tlte relief of S. T. Marshall, hat•e had the same under consider-ation, ancl beg lea1:e to report, as follo'lcs : This claim was considered by tbe Committee on Indian Affairs, at the first session of the Forty-fourth Congress, antl submitted their report thereon, which is as follows: Mr. Boone, from the Committee on Indian Affairs, submitted the following report, to accompany bill H. R. 2695: The Committee on Indian Affai1·s, to 1rhom 1cas 1·ejC1Ted the bill (H. R. 118) for the 1·eliej of S. T. Marshall, have hcul the same unde1· considm·ation, and beg leave to 1·epoTt, asfollotcs: As the 1mrcbar-ing and disbursing agent of the commission which was sent to California in 1850 to make treatit>s wHb the hostile Indians in California, Reddick McKee made a contract with General Estill to furnish beef-cattle for the escort of United States sol-diers which accompanied said McKee and party; that said Estill did furnish a· large number of cattle under the contract, in which the claimant seems to have been inter-ested. In December, 1850, at San Francisco, the accounts of Estill and Marshall were settled, and the agent McKee gave to them a certificate of indebtedness showing that there was due them on the beef contract the sum of $6,598.49, which said McKee said, and still says, be bad not the money to pay, in consequence of the appropriation for the service in California having been reduced much below what be supposed it would be .. As evidence of said indebtedness, however, said McKee gave to G. M. Marshall a certifi-cate of indebtedness. A copy, as sworn to by said McKee, is herewith submitted, together with the other evidence in the case. And, confirmatory of this, said McKee, in his official report to the Committee of Indian Affairs, RtaMs that this amount is due to said Marshall, but qualified by an indorsement in these words,'' Subject to credit." But your committee have not been able to ascertain the apwunt of the" credit" to which said claim is ''subject," nor on what account. Your committee are satisfiedr however, that a part at lea~t of this claim is just, and ought to be paid. It may be, and your committee believe it is, true that the contract made by said McKee with Estill and Marshall to furnish beef to the expedition was made without authority of law ; but the evidence shows very clearly tbat said McKee was the ac-credited agent of the government, and that theFe parties contracted with him under the belief that be bad authority to contract with them for and on behalf of the gov-ernment, and that he himself believed he had authority to make the contract -with them ; and also that these parties, in good faith, furnished the beef-cattle for the use of the government, and that the government got the benefit of them. It seems but just and equitable, therefore, that these parties should be paid a fair compensation for their property so furnished the government. Your committee, therefore, recommend the passage of the accompanying bill, as a substitute for House bill No. 118 referred to them. Your committee have again considered the claim, and fully concur in the foregoing report, and hereby adopt the same, and recommend the passage of said bill. 0 

S. T. Marshall.

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S. T. Marshall.

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