24-1ClaimsReport : Petition of S. Evans. [293] Hostile Indian in Illinois; 1832.1836-1

House of Representatives Report No. 186, 24th Congress, 1st Session (1836)

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24th CoNGREss, 1st Session. [ Rep. No. 186. ] SCIOT E EVANS. [To accompan}· bill H. R. No. 191.] JANUARY 20, 1836. Ho. oF REPs l\fr. DAvrs, from the Committee of Claims, made the following REPORT : The Comm·ittee of Claims, to ~chich was 1·eferred the petition of 8ciote RNtlJs, repo:·t: ']_'he petitioner states that he is u resident of the State of Indiana; that, on the 8th of June, 1832, he was called upon, by Joseph Roberts and Bazil Brown, for a horse, saddle, bridle, and blanket for the service of the Cnited Stt'ltes, in a detachment ofniouutcd volunteers ordered out by the Governor of Indiana, t" march into Illinois and l\'Iichigau against the hostile Indians; that he understood the said Roberts and Brown were vested with authority to procure horses, &c. for ~aid expedition; that he gave up his horse, sad-dle, bridle, and hlanket, which 'rent iuto the possession of one Robert Ro-bertson, a volunteer, who 1 arched ju said detachment under ihe command of Col. A. W. Russell; .that, ailer the troops hnd proceeded some distu.nce on their march, the forng0 became exhausted, and, by order of the com-mandina officer, the w1.liers tnruccl their horses into the woods and pruiries to graze; that his horse strayed oil~ and could never again he recovered by' the said Robertson; that he, the petitioner, has never since recovered either his horse, saddle, bridle, and blanket, or received compensation for them. It is proved by Joseph Roberts and Bazil Brown, that the petitjoner fur-nished the horse, saddle, bridle, and blanket, for the service aforesaid, and that they were appraised to fifty-five dollars. Robert Robertson pt O\res that the said horse, saddle, bridle, and blanket, was the property of the petitioner ; that they were furnished to him for the use of the United States in the 0aid c: pedition, and that the horse was lost under the circumstances stated by the petitioner, without any fault or negli-gence on his, the said Robertson's, J:>art ; that, u pon receivin D" orders to march, he was compelled to abandon further search for the hor~e, and that he deposited the saddle, bridle, and blanket, in a baggage-wagon attached to the detachment, and that they were lost without any negligeJlce on his part. Henry Brereton swears that he commanded a company jn said detach-n:t~t in which the said Robertson was a private, and that he lost his horse, &c. in the way he states. _ .Blair & Rives1 printers. [ Rep. No. 186. ] The Hon. George L. Kinnard states, that he was an adjutant in said de-tf!chment, and fully sustains the statements of the petitioner and his wit-nesses. Mr. Kinnard further states, that the said Robertson afterwards ob-tained another horse for the balance of the time he was in service, and this obvi(IJes an objection raised by the Third Auditor, that the soldier was paid the usual allowance for a horse for the whole period of the expedition. The petitioner presents his claim to Congress, because it is believed not to come strictly within the provisions of the law of Congress, passed the 30th of June, 1834, that law embracing the property of persons only who were themselves in the service: and this is the construction given by the Third A1....ditor. 'rhe committee are of opinion that it is wholly immaterial whe· ther the property lost was lost by the owner, or by another having the use of it. If it is lost under circumstances that would impose upon the Govern-ment an obligation to pay for it, payment should be made to either the owner or the person in whose possession it was, according to the circum-stances of the case, taking care not to pay both. In this case, the soldier sets up no claim himself, but shows, so far as his testimony may be relied upon, that the petitioner is entitled to Telief. . The committee think the petitioner entitled to relief, and have directed me to report a bill. I 

Sciote Evans

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Sciote Evans

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