30-1ClaimsReport : Petition of W. Russell. [526]
Indian disturbances; 1841-43; Missouri.1848-14

House of Representatives Report No. 678, 30th Congress, 1st Session (1848)

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THIRTIETH CONGRESS-FIRST SES ION. Report No. 678. HOUSE OF REPRESENTATIVES. WILLIAM H. RUSSELL. JUNE 14, 1848. Laid upon the table. Mr. DuNN, from the Committee of Claims, made the following REPORT: The Committee of Claims, to whom was referrerl the petition of William H. Russell, report: They are of opinion that he has shown no facts, in a reliable form, calling for the aid of Congress. The letter and abstracts from the Treasury Department printed herewith, marked A, D, and C, furnish, in the judgment of the committee, a sufficient answer to his petition. A. TREASURY DEPARTMENT, May 1, 1848. SIR: I have the honor to acknowledge the receipt of your letter <If the 28th ultimo, enclosing the petition and sundry papers of W. H. Russell, esq., late marshal of Missouri, and expressing the desire of the Committee of Claims to be furnished with such in-formation on the subject as the department has it in its power to ~fford. In regard to the claim stated in the petition on account of pay-ments made to cleputy marshals who took the census of 1840, I can only remark, that not being furnished with any detailed state-ment of the extent or character of the claim, it is impossible to furnish any information upon it. Unless the facts are shown, it is difficult even to express an opiuion upon it. Whenever services were duly rendered by marshals under the census acts, and prop-erly established before the State Department, which was charged 2 Rep. Ii o. 678. with carrying those acts intoe:xecution, the just and legal compen-sation would doubtless have been allowed by that department. Whether the trifle mentioned in the petition as received by Mr. Russell is all he was entitled to, does not appear from any proof among the papers. It could have been hardly necessary for the marshal to travel over the whoJe State to disburse money to his deputies, as suggested in the petition. As to th e claim, certified by Mr. Russell, for "services ren--dered in obedience to suggestions of officers of the United States army and Indian agents, while acting as marshal of Missouri, be-tween the period of April 1841 and April 1843, suppressing Indian disturbances and enforcing the rights of the Indians," for whic-h a gross sum of either two or four thousand dollars (which it is not easy to decide) is charged, I am not aware of any duties or ser-vices which could lawfully devolve upon the marshal or his depu-ties, except the service of process for which be was entitled to charge, and has doubtless received ample compensation. If Mr. Russell was employed by army officers or Indtan agents in any other duties than those belonging to his ordmary functions, the facts should be shown by proper evidence to the War Department, \ in , order that due provision be made for his compensation for ser-vices under the direction of that department. In regard to the items in ~'Ir. Russell's accounts, suspended by ·\ the accounting officers upon their adjustment pursuant to law, as ·.set forth upon statement, 85,164 an.d 88,162, of which copies are , .with the papers, the sf contain upon their face all the information now i:1 the power of this department, except as to the charge of $50 alleged to have been paid to P. H. Burnet, esq., for services as counsel in behalf the United States. The vouchers not al1owed by the accounting officers being all returned, there is n0thing in the department showing when, by whom, or upon what occasion Mr. Burnet was retained as counsel for the United States. No infor-mation can, therefore, be given as to this charge, except as to the principles which govern the decision of all similar claims. It is no part of the duty of courts to select officers to prosecute in behalf of the United States before them. The laws have pro- · vided for the appointment of prosecuting officers, and pointed out their compensation. SJIOtdd the district attorney of any district eboose to tmploy assistance in conducting the business of the United States, be will, of course, com pen sate such assistance, ex-cept where, from the importance of any case to the public inter-ests, a5sistant eounsel are especially authorized to be retained. This has only been done, for many years past, upon an official re-port of the facts, showing the nec~ssity of employing and com-pensating such counsel After due examination , 1f it is decided to be proper to retain .:1 ssistance to the district attorney, authority is given stating the counsel and the compensation to be given him, as well as the conditio ns of the retainer. The records of this de-partment Fhow numerous instances of cl~ims against the United States for professional services, either volunteered or assigned by the court, in behalf of the prosecution, as well as defence of indi-Rep. No. 678. 3 -riduals brought before the courts of the United States, and in the burning· of our files in 1833; but such claims have been invariably rejected, except where previously authoriz~d, as above stated. A paper, stated to have been draw·n up for the signature of Judge Catron, intimates that attempts are freq uen t]y made to release prisoners, by carrying them on habeas corpus before the State au-thorities . This department will not suppose it possible, until such a case is shown, that the jurlicial magistrat~s of any State in the Union will release individuals in custody under criminal process issued from the courts of the United States, without giving full opportunity to the proper law officer of the U Bited States to main-tain such process. Regretting it is not in my power, from the absence of the orig-inal vouchers, to furnish more particular information as to the items not allowed by the accounting officers, I herewith return the papers transmitted with your letter. Very respectfully, your obedient servant, Hon. GEORGE C. DuNN, McC. YOUNG, .llcting Secretary of tht Treasury. Of Comm'i:ttee of Claims, House of Reps. I B. ~ Wm. H. Russell, marshal for the district of Miuouri, in account with the United States. Dn. Cn. '. ~ I To balance of his account, in report No. 84476 .•••••....• ••• $1,264 85 By amount of compensation to himself for attendance, mile-To treasury warrant for amount of the following, viz : age, and summoning juries at the district and circuit No. 447, dated February 19, 1842 .•.••.•.• $2 000 00 courts held for said district, February, March, and April No. 496, daten February 28, 1842......... 1 000 00 terms, 1842, per abstract ..••.•...•••......•.....••.... $127,::40 No. 972, dated April 20, 1842 .•.••••.•••• 2,000 00 By amount of compensation to the clerk and attorney for 5,000 00 their attendance and mileage at said courts, pet· abstract .. 180 00 By amount of compensation to the jurors for their attendance and mileage at the circuit court, April term, 1842, per abstract ....••••.•..•••••...........•.•.............• 1,190 85 By amount of compensation to the witnesses for their at-tendance and mileage at said circuit court, per abstract. .. 453 75 By contingent expenses of said courts ..•.•.•...•..•..... •.• 331 45 By costs taxed by said courts ......•.•.........••.•.••.... 661 29 By commission on $2,689 59, at 2~ per cent. ..•.•....••.•.• 67 24 By balance due the United States ......•.......••...•.•••• 3,252 87 6,264 851 ------. f.,~ •; I ~ - 6,264 85 A .r~ ! ~ ~ ~ ~ ~ Rep. No. 678. :B-Continued. :Balance due the marshal, per his account .•.... . ....•.•... . •••..•••..•....• Balance due the United Statel", per this statement . ...•..... . •. ~ ...•...• . ... Difference ..••••..••.••• • ••...•.. , .•.....•.. 5 $i2 13 3,252 87 1>,305 00 ·which is acroun!ed for as follows, viz: The following trea&nry warrants: nut yet ctedited by the marshal, YlZ : .No. 496, dated February 28, 1842.............................. $1,000 00 No. 972, dated April20, 1842................................. 2,000 00 Add this sum, by which the balance made by him, in his la~t account, in favor of the United States , is short-brought forward in this .... , .............. . Add commi&sion overcharged in his last account. .....•..........•••...••..• Add the following sums suspended from abstract of contingencies, April term, 1842, viz: Timothy Leaky's bill, No·. 1, suspended to have it properly made out. $58 14 Card's and Bingham's bills, Nos. 5 and 6, for services as bailiffs, sus-pended for the rea&on that the vouchers are imperfilct, there being no date to the receipts, nor term stated where the services were performed.................................................... 64 00 Stephen W. Meech's bill, No. 7-that portwn of it for stationery for district attorney d1sallowed ; call on district attorney to refund. . • . 24 25 This sum, being so mueh more chdrgcd than for which vouchers are furnh,heJ: supposed to be caused by chargin~ Cordell & Co.'s bill twice, inadvertently, as it is the exact amount of that bill......... 20 83 Abstract of costs taxed, viz : Peter H. 'Burnett's bill, as counsel for the United States, suspended, (it can only be paid by d1rection of the Secretary) . . • . • • . . • • . . • • • • 50 00 Abstracto( costs taxed, No. 2-A. McClintock's bill, as deputy mar-shal, for conveying prisoners from Fort Leavenworth to St. Louis, (that portion of it whwh is for per d1em allowance disallowed)..... $63 00 No. 3-Barnum & Moreland's bill, for boarding three soldiers, sum-moned as witnesses, suspended for explanation, enquire at City Hotel: and Mr. Gamble, St. Louis.............................. 14 50 Deduct short charge for bill No. 7 ••••••.•.•••.••••••••••••••••..• 77 50 2 00 .Add overcharge for compensation to jurors, April term, 1842 ••••.•..••••••• Commisl>ion charged more than allowed in this ctatement ..••••••••••.•••...• $3,000 00 2 52 211 22 3,217 76 75 50 1 20 10 54 3,305 00 ==-= FIRST AuDITOR's 0FFICE 1 Au.gust 24, 1842. J. M. RAMSEY. Auditor's balance as above. . • • • • . . • • . . • • . . . • • . • . . • • . . • • • . . • . • . . . . • • . • • • • • $3,252 87 Deduct, in conformity to precedents, this amount disallowed A. McClintock as deputy marshal....................................................... 63 00 S, 189 S7 === CoMPTnoLLER1s OFFICE, September 20, 1842. WM. ANDERSON. c. William H. Russell, marshall for the district of Missouri, in account with the United States. -- ----- - ~----------- --~- -----DR. : Cn. T o balance of his account, per report No. 85165 ••••••••••••.. $3' 189 87 By amount of c®mpensation for himself, for attendance, mile-treasury warrant for amount of the following, viz: age, and summoning juries at the district court, held for No. 3578, dated December 13, 1842 ............ $1 000 said district, December term, 1842, and March term, 1S43, No. 4312, dated_ March 6, 1843 ••• • •••••••.•••• 1 ;ooo per abstract, •••••.•.••••••..••..•.•• •····••······•·•· ----2,000 00 amount of compensation to the clerk, for his attendance at said court, per abstract .•...•••••••.•• • • • · : • · · · · • · • • • • • amount of C<•mpensation to the attorney, for his attendance at said court, March term, 1843, per abstract .•.......•.. amount of compensation to jurors, for their attendance and mileage at said court, March term, 1843, p~r abstract .••. amount of compensation to witnesses, for their attendance '· and mileage at said district court, March term, 1843, and at a circuit court, April term, 1843, per abstract .•.•••.•. contingent expenses of said district court. · · • • • · · •••• , . ••••• costs taxed by said district court .••• - • · • • · • • · · • ..••.••••• commission on $1,026 86, at 2-! per cent ..•.••...•••.•.•.. balance due the United States .•••• •·••·•••• •••••.•.•.•••• 5,189 87 . ----:--0') ----$72 8 80 0 20 0 301 3 394 0 216 3 23 J 25 6 4,056 5 ----5,189 8 0 0 0 ::d ct> 0 ~ 0 2! 8 9 8 ~ 7 -l 4 ~ 7 l~ep. No. 678. C-Continued. :Balance due the United States, per his account, (account current April term, 1843) •.•.•••.•...••••••• ' .••••...•••••.•..••....••.•••••......•..... .Add differences from former adjustment ....••..•....••••••.•••. , •.••...••• Add witnef>i absent district court, March term, 18-13, error in bringing it into account current ..•.•.•..•.••••••.••.•••..•.•...••• .• .•••.•.•.•..•...•• Add conting~nt. absent circuit court, April term, 1843, (the amount thereof not being certifieJ by the clerk, in accordance with act May 18, 18-!2, revived by act March 3, 1843, is therefore suspended) .•.•••••• , ............ , •.•• Add marshal's per diem, &c., (circuit court, April term: suspended, not being certified by clerk) .......••••.•••••..••••..••••••..••...•..•......••••• .Add amount paid Joel M. Clanton and Isaac Clanton, witnesses, (circuit court, April term, su3pended, being receipted for hy mark without attestation) •.•• ~<\.dd this sum, charged in account current, (circuit court, April term,) as for two years' sal11ry disallowed, being payable ont of a special appropriation, and has been paid up to 31st December, 1842 ..••••.•••.•••• , ..••••.•••••••• , Add commission charged more than allowed .•••.•••••••••• , , •.•••••• , , •••• .Add treasury warrant No. 4312, not yet credited by him .•..••.•.•.•• ,, ••••• Deduct this sum, being the difference between the balance struck by him, as per accounts adjusted, per report No. 85165, ($':i2 13 in his favor,) and the bal-ance brought forward to account current, district court, December term, 1842, ($2,101 75 in favor United States,) which difference arises in consequence of the intermediate accognts having b~en returned to him on account of infor-mality. and not being again received........................ $2,153 88 .Deduct, also, treasury warrant credited by him, which does not appear in the register's certificate, and which is presumed to have been on account of his annual salary. . • • • • • • • . • . • • . . • • • • 50 00 Balance due United States, per this statement •••••• ,,, •••••••••••••.• 7 $9R4 99 3,242 00 50 343 87 197 00 81 50 400 00 10 56 5,260 42 1,000 00 6,260 42 2,203 88 4,056 54 JANUARY 2, 1844. ·CoMPTROLLER's OFFICE, January 27, 1844. J. 1\L RAMSEY. WM. ANDERSON. 

William H. Russell.

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William H. Russell.

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