5th cross-interrogatory. Please state how far your information of Mr. Todhunter's services is derived from personal knowledge, and how far from representations of others. 5th answer. My information was derived from Mr. Harrison, my predecessor, who is now dead, and Mr. Crozier, and from the fact that I found him on board a vessel acting as inspector when I took possession of the office, and continued to act a while, I think, under my appointment. I am quite confident he was not paid for his services under my predecessor; and a considerable amount was due him for services under my predecessor, but what amount I cannot state. I have an indistinct recollection that I appended my certificate to Mr. Crozier's, and that it was made from information as to the claim derived from Mr. Crozier, chief inspector and boarding officer, and Mr. Harrison, my predecessor. I do not now recollect any other material facts relative to Mr. Todhunter's claim. STATE OF OHIO, Jefferson County, ss: J. COLLIER. On this 24th day of January, A. D. 1860, personally came James Collier, the witness within named, and having been first sworn to tell the truth, the whole truth, and nothing but the truth, the questions contained in the within deposition were written down by myself, and then proposed by me to the witness; and the answers thereto were written down by me in the presence of the witness, who then subscribed the deposition in my presence. The said deposition was taken at the request of Charles H. Todhunter, to be used in the investigation of a claim against the United States, now pending in the Court of Claims, in the name of C. H. Tod hunter. Witness my signature and the seal of said court of common pleas of Jefferson county, Ohio, at Steubenville, in said county, this 24th day day of January, 1860. [L. S.] Fees of witness. Clerk's fees Total JAMES ELLIOT, Clerk of the Court of Common Pleas of Jefferson County, Ohio. $1.00 3.00 4.00 IN THE COURT OF CLAIMS. CHARLES H. TODHUNTER vs. THE UNITED STATES. Interrogatories to be propounded to J. Collier, a witness on the part of petitioner in the above cause. Interrogatory 1. State, if you please, your name, age, occupation, and residence. Interrogatory 2. State, if you please, whether you were employed in the custom-house at San Francisco in the year 1849, and in what capacity, and for how long a time you were so employed. State, if you please, the date when you entered upon your duties. Interrogatory 3. Do you know who was collector of customs at San Francisco before you were employed, and how he was appointed, and up to what time his services extended? Interrogatory 4. Was Mr. Charles H. Todhunter employed in the custom-house at San Francisco at the time you entered upon your duties; and if so, in what capacity was he so employed? and, if you know, please state how long he had been so employed. Interrogatory 5. If your answer should be that Mr. C. H. Todhunter was an inspector of customs in said custom-house, please state what was the pay per diem of such officers. Interrogatory 6. Have you any means of knowing whether the said Charles H. Todhunter was or was not paid in full for his services as inspector of customs when, and up to the time, your predecessor went out of office and your duties commenced? state, if you please, all that you know upon that point. Interrogatory 7. Have you any recollection of having at any time indorsed a certificate of R. G. Crozier, chief inspector of customs of San Francisco, certifying that said Charles H. Todhunter was entitled to pay for 103 days as an inspector, for services rendered in 1849; that is to say, from the 1st of August to the 11th of November of that year; that his claim for the same was a valid one and ought to be paid, and that money was in the hands of Major Robert Allen, of the United States army, to pay the same, or to that effect? Interrogatory 8. Was such certificate given to enable the said Charles H. Todhunter to get the pay for his said services at the Treasury Department in Washington city? or, if you have no recollection of such certificate, state whether you were not often applied to, and did not frequently give such certificates in similar cases. Cross-interrogatories. W. B. WEBB, For Petitioner. 1. Was a record kept in the custom-house, or elsewhere, showing the names of the inspectors, and the terms of their service, during the time mentioned in the 7th question? 2. If such record was kept, where is it now, and where was it when you last saw it. 3. What was the ordinary rate and pay allowed to inspectors; was there more than one rate allowed, or did all receive the same pay? 4. If you indorsed the certificate mentioned in the 7th interrogatory, please state on what information you acted in so doing. 5. Please state how far your information of Mr. Todhunter's service is derived from personal knowledge, and how far from representations of others. JNO. D. MCPHERSON, Deputy Solicitor. Report of the Third Auditor. TREASURY DEPARTMENT, Third Auditor's Office, March 15, 1860. SIR: In compliance with the request contained in your note of the 13th instant, I enc.ose aerewith copies of such papers as are on file in this office relative to the claim of Charles H. Todhunter for services in the custom-house of San Francisco in 1849. I have to add that Mr. Todhunter was paid by E. H. Harrison, the collector of the port, the sum of $92 for his services as inspector from the 8th to 30th of June, 1849, and the sum of $124 for similar services from the 1st to the 31st of July, 1849. The name of Mr. Todhunter does not appear on the pay-roll or abstract of disbursements rendered by Mr. Harrison for the fourth quarter, 1849. Very respectfully, your obedient servant, J. D. MCPHERSON, R. J. ATKINSON, Auditor. Office Solicitor Court of Claims, Washington City. TREASURY DEPARTMENT, Third Auditor's Office, March 15, 1860. I. Robert J. Atkinson, Third Auditor of the Treasury, do hereby certify that the annexed pages, from one to four inclusive, contain true copies of the papers on file in this office relative to the claim of Charles H. Todhunter for his services in the custom-house at San Francisco, California, from 1st August to 11th November, 1849. R. J. ATKINSON, Auditor. Letter of I. E. Todhunter. WASHINGTON, March 1, 1852. SIR: I beg leave to hand you herewith a certificate showing a claim of my brother against the United States for services rendered as an inspector of the customs for the port of San Francisco, under the military governor of California in 1849, amounting to $412. The circumstances of the case are briefly these: My brother, Charles H. Todhunter, was appointed an inspector by Mr. Harrison, the collector of the port, (who received his appointment from the military governor, and continued in office until succeeded by Mr. Collier,) and regularly received his pay at the rate of $4 per day until the 1st of August, 1849; he, however, still continued in office until November 11, 1849, but allowed the amount due him to remain. in the hands of the disbursing officer. A notice was served to the inspectors to apply for the amounts due them, with the exception of my brother, as the certificate of the chief inspector, herewith sent, shows. When he did apply he was referred to Major Robert Allen, United States army, who had funds in hand to liquidate those salaries, but was informed by Major Allen that all such funds had either been absorbed or turned over to the quartermaster's department, and the only way for him to obtain his dues was to make application at Wash. ington. The certificate of J. Collier, esq., shows that the amount is due Charles H. Todhunter, and also that there were funds in hands of Major Allen to pay it had it been presented in time. The reason that it was not, was that at that time he was engaged in discharging cargo from a French brig, and was not at the custom-house. The certificate of the chief inspector shows that he was not notified to present his claim at any particular time, as all the other inspectors were. Hoping that you will cause some action to be taken upon my case, or inform me how to proceed in the matter, I am, very respectfully, your oedient servant, Hon. C. M. CONRAD, Secretary of War. I. E. TODHUNTER. P. S.-I enclose also a full power of attorney to act for my brother. Account and certificate. CUSTOM-HOUSE, February 13, 1850. The services rendered by Mr. Todhunter were previous to my entering upon my duties as collector, and should have been paid by Mr. Harrison. The fund out of which he is or ought to be paid is in the hands of Major Allen. In my opinion, on the presentation of his accounts to Major Allen, the amount due him should be paid. J. COLLIER, Collector. Mr. Harrison continued in office until the 12th of November. HARBOR MASTER'S OFFICE, San Francisco, California, November 11, 1849. Charles H. Todhunter has performed his duty as inspector of customs from the 1st of August to date inclusive, and is entitled to pay at $4 per day for the time. 103 days, at $4. $412 R. G. CROZIER, I certify that no notice was given to Charles Todhunter that he must apply for his pay at any particular time. FEBRUARY 28, 1850. R. G. CROZIER, Chief Inspector. Know all men by these presents that I, Charles H. Todhunter, of San Francisco, California, have constituted and appointed by these presents Isaac E. Todhunter, (my brother,) of the city of Baltimore and State of Maryland, my true and lawful attorney, for me in my name, and for my use, to receive, sue, and recover all sums of money or claims whatsoever that may be due or owing to me by the government of the United States, and upon the receipt of all such sums of money or claims whatsoever to make and give receipts or acquittances for the same in as full and as ample a manner as I could were I present. In witness whereof, I have hereunto subscribed my name and affixed my seal this thirty-first day of May, in the year of [L. S.] our Lord eighteen hundred and fifty. CHARLES H. TODHUNTER. Signed, sealed, and delivered in presence of SAMUEL STUMP, Jr. THOS. JEFF. SMITH. STATE OF CALIFORNIA, County of San Francisco, ss: Be it rembered that on this 31st day of May, 1850, before me, the subscriber, a notary public in and for the county of San Francisco, duly commissioned and sworn, personally came and appeared Charles H. Todhunter, satisfactorily proved to me to be the person described in and who executed the within instrument by the oath of Samuel Stump, junior, a proper and credible witness for that purpose, by me duly sworn, and he, the said Charles H. Todhunter, acknowledged that he executed the same freely and voluntarily for the uses and purposes therein mentioned. In testimony whereof, I have hereunto set my hand and seal of [L. S.] office this 31st day of May, 1850. THOS. JEFF. SMITH, Notary Public, San Francisco. STATE OF CALIFORNIA, County of San Francisco, ss: I, John E. Addison, clerk of the county of San Francisco, State of California, do hereby certify that Thomas Jefferson Smith, before whom the foregoing power of attorney was made, was, at the time of making said power of attorney, and is now, a notary public, and qualified to administer oaths. In testimony whereof, I have hereunto set my hand and affixed the [L. S.] seal of the county, this 1st day of June, A. D. 1850. JOHN E. ADDISON, County Clerk. STATE OF CALIFORNIA, County of San Francisco, ss: I, Roderick N. Morrison, judge of the county court for the county of San Francisco, State of California, do hereby certify that the afore |