The petitioners are now the only surviving obligors in said bond, the estates of both said Joseph Bliss and said Isaac Jenny having also been fully administered upon and settled. The books and papers of said Purser Fanning having been destroyed on board said schooner Lynx, rendered it exceedingly difficult to ascertain the balance, if any, which remained due from him to the United States.

The committee are of opinion that a delay to call upon the sureties in said bond for twenty-two years from its date, and seventeen years after the death of the principal therein, was sufficient to justify the said sureties in believing that nothing was expected from them; and, without expressing any judgment as to what may be the legal inferences arising from these facts, the committee think that, in equity, the surviving sureties in said bond should be excused; and they therefore recommend that the United States relinquish the claim, if any exists, against them upon said bond; and the committee ask leave to report the accompanying bill.

2d Session.

DAVID ALLSPACH.

[To accompany bill H. R. No. 217.]

FEBRUARY 23, 1842.

Mr. BARNARD, from the Committee on the Judiciary, submitted the fol

lowing REPORT:

The Committee on the Judiciary, to whom was referred the petition of David Allspach, report:

That they have examined the said petition, together with the evidence adduced in support of the same; and thereupon they concur in a report made by the Committee on the Judiciary to the 1st session of the 26th Congress, (No. 327 ;) to which your committee ask leave to advert, as embracing their opinion upon the matters contained in said petition.

APRIL 4, 1840.

Mr. MASON, from the Committee on the Judiciary, to whom was referred the petition of David Allspach, of the county of Montgomery, in the State of Ohio, report :

The petitioner states, that about the year 1818 the United States recovered two judgments at law against Michael Allspach as principal, and himself as his surety, in two excise bonds; that, about the year 1825, his estate, real and personal, of every kind and description, was seized in execution, and sold to satisfy these judgments-one of which was satisfied in full, and the other in part; leaving a sum due on the latter not equal in amount to the interest on the two judgments, after paying all the costs of suit. That, about the year 1839, a writ of scire facias was issued out of the court of common pleas for said county, and such proceeding had thereon, that the judgment remaining unsatisfied was revived for the sum of about $400, including interest.

The petitioner further states, that by the sale of his property in 1825, as mentioned above, he was reduced to insolvency; that he has, since that time, by industry and economy, acquired a small amount of property; that he has a large family to support, with but very limited means; and, being in the decline of life, he avers that, if the judgment last mentioned. should be collected, he must again be reduced to insolvency in his old age. The prayer of the petition is, that the petitioner may be released from

any further liability on account of the judgment, upon the condition of his paying all the costs of suit.

Annexed to the petition is the following statement, signed by seventeen persons of the first respectability and standing, among whom will be seen the names of the attorneys for both parties; the clerk of the court; E. W. Davis, sheriff of the county; and the honorable Joseph H. Crane, late Representative in Congress, viz :

"DAYTON, January 24, 1840.

"We, the undersigned, citizens of Montgomery county, Ohio, being well acquainted with the above David Allspach's pecuniary situation and ability, and somewhat familiar with the facts set forth in his petition, do concur in the belief that the amount of said judgment cannot be collected without reducing him to a state of insolvency. We therefore earnestly join in his prayer for a release from the liability of paying it, as we will ever pray." The committee, being satisfied that relief ought to be granted to the petitioner, have reported a bill accordingly.

2d Session.

JOHN JOHNSTON.

[To accompany bill H. R. No. 218.]

FEBRUARY 23, 1842.

Mr. BARNARD, from the Committee on the Judiciary, submitted the fol

lowing REPORT:

The Committee on the Judiciary, to whom was referred the petition of John Johnston, report:

That, having examined the said petition, together with the evidence adduced in support of the same, your committee concur in a report made thereon to the 2d session of the 26th Congress, (No. 114;) to which they beg leave to refer as containing their opinion upon the matters stated in said petition.

FEBRUARY 12, 1841.

Mr. TRUMBULL, from the Committee on the Judiciary, to whom was referred the petition of John Johnston, reported:

That, from the testimony exhibited to them, it appears the petitioner was commissioned to act as Government agent to the Shawnee tribe of Indians, and that he performed the duties as such, from the year 1812 to the year 1829, at au annual salary of $1,200.

That, during the period above specified, the petitioner, at the request of the officers in the War Department, paid annuities, and performed the ordinary duties of Indian agent, to several other tribes, not required under his said commission, for which he has received no compensation.

That, from the correspondence between the petitioner and the War Department, subsequent to the expiration of his agency, it appears that he was anxious for a settlement of his accounts, and that he anticipated a balance, would be found in his favor. His solicitude for a settlement is more especially evinced in his letters to the honorable Lewis Cass, then Secretary of War, dated 18th January, 1834, and 18th August, 1936; and, knowing Mr. Secretary Cass to be personally acquainted with his services, he also expresses a willingness to submit the whole matter to his decision, and promises to abide his determination thereon.

From the letter of Governor Cass, dated at Paris on the 5th of December, 1837, it is evident that said accounts were examined by him previous to his resignation, and that he became satisfied with their correctness, as will appear by the following extract from said letter:

Extract of a letter from Governor Cass to John Johnston, dated at Paris, December 5, 1837.

"But I shall preserve through life a perfect recollection of your services, both in peace and war. I know them to have been arduous, indefatigable, and highly useful; to this point, I have always most cheerfully borne witness.

"It would be difficult to describe to those not then upon the stage, and acquainted with the scenes and actors upon the Northwestern frontier, the nature of your duties, and the exemplary manner in which they were performed.

"When in the War Department, I recollect to have had repeated conversations with Major Lewis, the Second Auditor, upon the subject of your accounts; and, if I am not deceived, it was at one time concluded to settle them, upon your making an affidavit to their accuracy. What prevented the completion of this arrangement I have forgotten, if I ever knew. I can only say that I was prepared, at any moment, to sanction it, had the Auditor submitted it to me officially."

Such an affidavit was made by the petitioner; and nothing seems to have been wanting at that time to their final allowance, but the mere form of presentation by the Auditor to the said Secretary.

For reasons which do not appear, this was omitted; and the petitioner's papers remained in that condition when Governor Cass resigned his place in the War Department, and for several years thereafter, when a suit at law was instituted by the Government against the petitioner in the district court of Ohio.

The petitioner voluntarily admitted service, and entered an appearance in said suit, and a trial was had thereon at the July term of said court,

1839.

The jury, after being returned to a second and third consideration, came into court with their verdict against the petitioner for a balance of about three hundred dollars, and the interest thereon, amounting in all to $721 48.

The jury seem to have been satisfied with the accounts of the petitioner, so far as they related to his agency with the said Shawnee tribe of Indians; but they disagreed, and refused to allow his claims for money paid and services rendered to any other tribes, and which, if allowed, would have given a balance in his favor of $844 93. In this part of his defence, the petitioner was much embarrassed by reason of the death and removal of his witnesses. It further appears in evidence, from certificates under the hands of the honorable H. H. Leavitt, the presiding judge on said trial, William Miner, the clerk of said court, Governor Morrow, the foreman of the jury, and William Sawyer, one of the jurors on said trial, that they would have been better satisfied with a verdict for the defendant.

It further appears, in evidence before the committee, that the petitioner has been employed in the service of the United States, in connexion with the Indian department, for nearly forty years; during which time he has disbursed, in money and goods, to the amount of more than one million and a half of dollars, and has at all times conducted himself with the utmost fidelity to the country, as appears, not only from the foregoing letter of Governor Cass, but more especially from a letter written by Gen. William Henry Harrison, dated 13th October, 1828, which is as follows, viz: