37TH CONGRESS, 2d Session.

HOUSE OF REPRESENTATIVES. REP. C. C.

{

No. 284.

T. S. J. JOHNSON.

DECEMBER 4, 1861.-Committed to a Committee of the Whole House, made the order of the day for to-morrow, and ordered to be printed.

The COURT OF CLAIMS submitted the following

REPORT.

To the honorable the Senate and House of Representatives of the United States in Congress assembled:

The Court of Claims respectfully presents the following documents as the report in the case of

T. S. J. JOHNSON VS. THE UNITED STATES.

1. The petition of the claimant to the Court of Claims and also to Congress.

2. Claimant's evidence transmitted to the House of Representatives; a printed copy transmitted to the Senate.

3. Evidence for the United States transmitted to the House of Representatives; a printed copy transmitted to the Senate.

4. Additional evidence for the claimant transmitted to the House. of Representatives; a printed copy transmitted to the Senate.

5. Claimant's brief.

6. United States solicitor's brief.

7. Opinion of the court adverse to the claim.

By order of the Court of Claims.

In testimony whereof, I have hereunto set my hand and affixed the seal of said court, at Washington, this third day of December, A. D. 1861.

[L. S.]

SAM'L H. HUNTINGTON,

Chief Clerk Court of Claims.

I.

To the honorable the judges of the Court of Claims:

The petition of Thomas S. J. Johnson, and of Edwin Curtis and Joseph Baker, which said Edwin Curtis and Joseph Baker are merchants and partners trading under the firm of Curtis & Baker.

Your petitioner, Thomas S. J. Johnson, respectfully represents that he is a citizen of the United States, and was in the year 1851

and for some time previous thereto a resident of New Mexico. He was owner of coal mines and circular saw mills, and was engaged in raising coal and preparing lumber for market, and vending it when prepared. At the instance and request of Captain A. W. Reynolds, who was then assistant quartermaster of the United States army, and authorized to contract on behalf of the United States, your petitioner sold and delivered to the United States large quantities of coal and lumber for the use of the troops of the United States in New Mexico. A final settlement took place between your petitioner and Captain Reynolds, the quartermaster acting on behalf of the United States, on the 1st of July, 1851, when it was ascertained that the sum of $5,859 86 was due your petitioner from the United States, for which an official acknowledgment was given by said Reynolds, acting for the United States. This money has never been paid your petitioner. He repeatedly applied for payment both to the quartermaster and to the authorities at Washington; but a difficulty occurred in the settlement of the accounts of Captain Reynolds, and the payment to your petitioner was thereby delayed. This difficulty grew out of the general condition of Captain Reynolds's accounts; and your petitioner believes the justice of his demand never was questioned, although the payment was delayed. Effectually to preserve his rights against the United States, your petitioner, on the 14th of August, 1851, presented to the Treasury Department his protest against the payment of this sum to Captain Reynolds, a copy of which protest will be filed when it can be procured from the department.

Your petitioner prays a judgment against the United States for the sum of $5,859 86, with interest from the 1st of July, 1851. The usual rate of interest in New Mexico is ten per cent.; and your petitioner further shows that, in a bill passed for his relief, on a different demand, but similar in character, in March, 1854, a sum equal to interest at ten per cent. was included in the amount given for his relief. On the 20th of February, 1856, your petitioner presented his petition to Congress for relief on this claim, and his petition was referred to the Committee on Military Affairs. On the 14th of March, 1856, the committee was discharged, and claim referred to this court. To that petition, and the documents accompanying it, and now on file in this court, he refers, that they may be taken and read as exhibits making part of this petition. This debt has been pledged by your petitioner, Johnson, to your petitioners, Curtis & Baker, to secure a debt due from him to them, and subject to that pledge. Your petitioner, Johnson, is the sole owner of the claim. THOMAS S. J. JOHNSON.

DISTRICT OF COLUMBIA, City of Washington, sc:

This day Thomas S. J. Johnson personally appeared before me, the subscriber, a justice of the peace in and for said city, and, being sworn according to law, made oath that the statements made in the annexed petition are true, to the best of his knowledge and belief. Given under my hand this October 1, 1857.

THOMAS C. DONN, J. P.

II.

To the honorable the Senate and House of Representatives of the United States:

The petition of Thomas S. J. Johnson respectfully represents that he is a native-born citizen of the United States, and was a resident during the years 1849, '50, and '51 of the city of Santa Fé, in the Territory of New Mexico.

Your petitioner further shows that during these years he was engaged in business in said Territory, partly as a coal and lumber merchant, being the owner of coal mines and two circular saw-mills, both mines and mills being in active operation during the above period; that he was engaged by the United States quartermaster at Santa Fe, Captain A. W. Reynolds, to furnish and deliver to the United States large quantities of coal and lumber for issue and consumption in the government workshops, and for building barracks, stables, &c., for the use and accommodation of the United States troops stationed in that city, all of which he did so furnish and deliver to the said assistant quartermaster in the government corrals in the said city of Santa Fé.

Your petitioner further shows that he was only paid in part for the coal and lumber so furnished and delivered for the use of the United States, and that there was an acknowledged balance due to him from the United States on this account of five thousand eight hundred and fifty-nine dollars and eighty-six cents, as will more fully appear from the official receipt in favor of your petitioner made by Captain A. W. Reynolds, assistant quartermaster, through whose agency the supplies were furnished.

Your petitioner further shows that by the neglect of the said Captain A. W. Reynolds to take up or embrace the amount due yourpetitioner in any of his accounts yet rendered to the Treasury Department your petitioner has been precluded the right to appeal to that department, as advised by his attorneys, inasmuch as through the neglect of this officer of the government that department is left without data upon which to lawfully act.

Your petitioner avers that he has from time to time, both verbally and by letter, appealed to the sense of justice of Captain Reynolds, asking him to take up in his accounts with the treasury the sum thus shown by the official receipt to be due to your petitioner, to all of which your petitioner has ever received an unsatisfactory reply, viz: "wait a little, until I get my present accounts settled, and I will do so," or words to that effect.

Your petitioner further avers that he has suffered great pecuniary loss and embarrassment in being so long and unjustly deprived of the amount due to him, and subjected to great trouble, loss of time, and expense in employing counsel to prosecute this claim.

Your petitioner avers that he was and is now alone interested in the prosecution of this claim. and he respectfully prays your hon

orable bodies to take this his petition and the matters therein set forth under your consideration, and award him the amount due to him, and such other pecuniary remuneration and compensation for the losses and injury he has sustained and the cost he has been put to in prosecuting this claim as your honorable bodies may deem just and proper.

With great respect,

WASHINGTON CITY, D. C.,

T. S. J. JOHNSON.

February, 1856.

THIRTY-FOURTH CONGRESS-FIRST SESSION.

CONGRESS OF THE UNITED STATES.

IN THE HOUSE OF REPRESENTATIVES,

On motion of Mr. Allison, by unanimous consent,

March 14, 1856.

Ordered, That the Committee on Military Affairs be discharged from the further consideration of the memorial and papers in the case of Thomas S. J. Johnson, and that the same be referred to the Court of Claims.

Attest:

III.

WM. CULLOM, Clerk.

IN THE UNITED STATES COURT OF CLAIMS.

THOMAS S. J. JOHNSON vs. THE UNITED STATES.

Schedule of papers and documents filed by petitioner on evidence in support of his claims.

No. 1. Memorial to Congress, February, 1856.

2. Official receipt of Captain A. W. Reynolds, of July 1,

1851, to T. S. J. Johnson.

3. Letter of T. S. J. Johnson to Captain Reynolds, December

19, 1855.

4. Letter of Captain Reynolds to T. S. J. Johnson, December

20, 1855.

5. Affidavit of the Hon. José M. Gallegos, February 18, 1856. 6. Affidavit of James B. Wood, February 19, 1856.

7. Protest of T. S. J. Johnson to Secretary of the Treasury, August 14, 1856.

8. Letter of the Third Auditor of the Treasury, September 16, 1856.