University of Oklahoma College of Law University of Oklahoma College of Law Digital Commons American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899 2-27-1889 Letter from the Secretary of War, transmitting in response to Senate resolution of February 27, 1889, a report on the war claims of Oregon. Follow this and additional works at: https://digitalcommons.law.ou.edu/indianserialset Part of the Indigenous, Indian, and Aboriginal Law Commons Recommended Citation S. Exec. Doc. No. 17, 51st Cong., 1st Sess. (1889) This Senate Executive Document is brought to you for free and open access by University of Oklahoma College of Law Digital Commons. It has been accepted for inclusion in American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899 by an authorized administrator of University of Oklahoma College of Law Digital Commons. For more information, please contact Law-LibraryDigitalCommons@ou.edu. 51ST CONGRESS, } 1st Session. SENATE. LETTER FROM { Ex . .. D"ou. No. 17. THE SECRETARY OF WAR, TR;ANSMITTING In response to Senate resolit,tion of February 27, 1889, a report on the wat· claims of Oregon. DECEMBlnt 19, 1889.-Referred to the Committee on Military Affairs and ordered to be printed. WAR DEPARTMENT, Washington City, December 19, 1889. The Secretary of War bas the honor to transmit herewith, in com-pliance with resolution of the Senate of February 27, 1889, a report on the war claims of the State of Oregon submitted by the board of officers on State and Territorial war claims, appointed under section 2 of the act of Congress entitled ".An act for the benefit of the States of Texas, Colorado, Oregon, Nebraska, California, Kansas, and Nevada, and the Territories of Washingtou and Idaho, and Nevada when a, Territory," approved August 4, 1886. REDFIELD PROC1.'0R, Secretary of War. The PRESIDENT OF' THE UNITED S1'A'.l'ES SEN.A.TE. WAR DEP .AR1'MEN'I', ST.A.'.l'E WAR CL.AIMS EXAMINERS, lV ash-ington, December 16, 1889. Sm: In further compliance with tlle Senate resolution of February 27, 1889, the several requirements of which were epitomized in the gen-eral remarks preliminary to our report on the war claims of California, we have now the honor to submit the followiug report on the claims of the State of Oregon. The act of Congress approvey the Senate at the first ses-sion of tbe Fiftieth Congress, l>ut having failed to pass the House, the S. Ex. 3-1 2 OREGON REBELLION WAR CLAIMS. above-meutiouepared by oue of their uurn ber and prefixed to said report. T!Jis statemeut will be referred to herein as" State-ment for Seuate Military Committee." Reference will also be made in tbis report to certain official correspondence which was carried on during the late war between the commanding- general, Department of the Pacitic, on the one band, and the War Department, the governors of the States embraced in his depart,ment, alHl bis subord inate com-manders ou the other, which correspondence, published as Senate Ex-ecntive Document No. 70, Fiftieth Congress, second session, will be des-ignated Ex. Doc. 70. As shown in the tabulated staternenli which accompanies and forms part of this report, the State of Oregon claims indemnification for ex-penses incurred (1) in the mainteuance of her militia during the period of the war, and (2) iu behalf and ou account of the volunteers that were raised in the State for the service of the United States duriug the same period. As was done in tbe case of California the expeuses of each class, or contingent, of troops will be reported and considered separately anny a major-general. Provision was -made for a, staff of the commander-in-chief (which inc1uded an adjutant-general, the only sal-aried officer), for the major-general, and for the commanders (brigadier-geuerals) of the seYeral brigades. Each brigadier-general was to di-vide his brigade into three regimental districts, and each colonel his regimental district into ten company districts. -.Authority was granted for the organization i11 each county of volunteer companies wherever a sufficient 1mmber of persons,residents of the county, should -volunteer to enter such companies; and muster-rolls containing the names of. all the members were to be prepareu annually and rendered to the author-ities of the State. Armories were to be provided through the county judge, at a cost not to exceed $50 per month, for each of such volunteer companies, which were to be armed and equipped by the State author-ities. Provision was also made for the formation of duly organized volunteer companies into regiments and battalions. All such volunteer companies, battalions, and regiments when prop-erly accounted for on the prescribed muster-rolls, together with the officers of the staff of the. commander-in-chief, the nrnjor-general, the bdgadier-generals, and the respective staffs of these generals, were to constitute and be denominated the organized militia of Oregon, and were at all times to be subject to be called into active service by the commander-in-chief (the governor). All the other militia of the State · were-denominated the enrolled militia of Ore~·on. Upon the requisition of the President of the United States, of a United States military offi-cer commanding in Oreg-on, of a United States marshal, or of the mayor of auy city, or tlie slleriff of any county in the State, the governor was authorized* to call i.nto actiYe service any portion of tbe organized or enrolled militia. To satisfy such requisition, volunteers from theorgau-ized militia companies were in the first instance to be called for, and Ruch of them as volunteered were to be formed into proper commands; bnt any deficiency in the number of men so obtained was to be supplied by a clraft from tlio enrolled militia,. The commander-in-chief was authorized to order a public parade of all the organize~ militia of the State ten days of each year, and on these , ancl all other claims required under the prodsions of this act;" atHl the secretary of state was required to draw his warrant for the amonnt thus audited npon the treasurer, who was required to pay the Harne out of any moneys in the military fund. The military fund created liy the act was to be nsecl exclusive]y for military purposes, and ex-lH'lHled uncln tlie direction of the board of military auditors in (1) pre-" :-:o~LC , · ·arily incurred on account of the military forces i •1 Oregon l1a, ing· been mll '('b.·, late g:o,·<•ru r of Or gon, bearing date of August 23, 1883, show-mg tha th 111<1 •ht due ·s "wa made t)y him for sabers and saber-belts a.' th vrop r military antbority of said State." Upon this ~howiug the , mo ahorn 11ot ic en iucluded iu the amouut fonud to have been 1rni1l on by th tat , al hough no receii,t of the per ons fonn whom th• ·ah ,r · ml4 (page 97, Ib.) informs us that sixteen compallies llad been organ-izetl under the law and that more companies woulee11 furnished, were all in good condition, I deemed it sufficieut. From some cause, perlta.ps from many causes, the people of Oregon have not taken, nor do they take: that. i11tcrest in military organizations that they should. Almost every incessor impressed upon the legisJa-ture the need of having a well trained militia iu the State owi11g to its exposure alike to Indian raids and tlie attacks of the armies of ·European powers with whom the Gornrnment might become involved in war. As sen1ing to show what was meant by internal commotion we quote as follows from the report of the adjntaut-general of the State for the year 1865 (page 99, Ib.): We cel'tai_nly have been fortunate in avoiding any civil strife which has threatened a_t various times to involve the Pacific coast. Not that I appreheud that any con-~11lerable number ?f the people of Oregon baYe contemplated any such action, yet it 1s a well known fact to your excellency that an element has existed in onr midst entirely antag?nist.ic to our Goyernment and in strong sympathy witl, the rebellion and only wantrng the opporturnty to spread devastation and death through the land . . The_grounds _upon which the State of Oregon relies for the justice of its claun to re-1mbursemen~ of tbe amount expended upon her Jl?.ilitia, ~s above sho:Vn, nrny be SHHl to lrn substantially as follows, as set forth m an affidavit dat~d Jt~ly 20, J88-;, of U. A. Reed, late adjutant-general of Oregon, copy of wh1ch accornvanies this report marked }Jxbibit l) and to which the Statement for Senate Military Committee (page 6) calls spcial attention. 8 OREGON REBELLION WAR CLAIMS. In conformity with the Jetter, spirit, and intention of a communication addret,;sed 011 October 14, 1861, by W. H. Seward, Secretary of State, to the go,·emors of certain loyal States, aud received by the goveruor of Oregon some time during the month of November, 18Gl (official copy herewith), tue legislature aud State officers of Oregon determined to put Oregon iu a state of perfect defense against the attacks of for-eign enemies, secession sympathizers and traitors, and t he various In-dian tribes who in consequeuce of the withdrawal of the regular troops from Oregon and the adjoining Territories soon showed-signs of ltos-tilit.)' and commenced committing depredations. Pursuant to s uch n for such drill and instruction being the same as tlwse of the holding of the State fairs, in order to impress upou the people congregated there in great nurn bers from all parts of the State the State's ability " to cope with any organized scheme that might be put ou foot." In his_ (deponent's) capacity a~ adjutant-general at the time tue expenses on account of the home-guards (militia) were i11 -curretl, he iR certain that A. C. Gibbs, then governor, and tlil the other State officer, were prompted by patriotism, and ''acted as they did under a ' ense of duty aud in accordance both with the letter and spirit of the connnunicatiou received from llou. vV. B. Seward, of Oetober 14, 1 61." He i ' certain also that all said expenses '"~ere proper charges aud brought about on account of the troops of the State of Oregon anCl her t O'l' ·at clang r in th• vent of th outbreak of "·ar betwec>n th C nit l tat and a for •ig-n power· that th withdrawal of the r_ Jular. tr op: 1 J1riv cl h 'l' of th• 11 ·e:, ary protection again t hos-111<. In lrnn.- · and tlrn a. a ,'af•gua1·d 011 ov rn er 10, ]864, by th ma, ·or of al rn tlH <·1 pit:d of h at•, < t the io ,' ta11 · . of prom i-n . t r r : utati ' . f lJ >tL p litical parti R, aud at tb meeting, which OREGON REBELLION WAR CLAIMS. 11 was large!y atteuded, a series of resolutions were una,niwously adopted (page 266, Ex. Doc. 70), the tliird and fourth of which read as follows: (S) 'l'hat shonld civil war Le inaugurated in any of the present loyal States of the Union, we will maintain peace and good government here; anrl shonld the hor-rors of civil war desola.te every other State, it &ball not, come here. ( 4) That while we al'e willing to render cheerful obedience to the laws, and to a1-1si8t, the lawfully con8titnted authorities in enforcing the same, we believe that the continuance of peace and harmony in onr 111ic.lst depends more 011 the common sense and good disposition of the order-loving citizens of both pal'ties than on the display or exercise of power Ly our rulers; and that in these times of exci temeut and peril the duties of the officers of our State should be performed with consideration and caution, and all causes of needless irritation should be carefully avoided by both magistrate and people. Referring to these resolutions and to the fact of the existence of and danger from secret clubs bound together by treasonable oaths, General Alvord, on November 19~ 1864, while reµorting that the election day bad passed quietly througl.10ut the State, asked the department com-mander (page 264, Ex. Doc. 70) to grant him discretionary authority to call tlrn militia of tile State-eleven companies of which were under-stood to be in a good state of discipliue, and "enthusiastically devQted to our flag and Government "-into the service of the United States for nine months. '· 1'llis,'' he said, -' with a view to tile future and to any coutingency which may arise." He also remarked that the governer of tlie State wished the State troops iu any emergency to be used on the call of the United States. This application does n·ot seem to have been favorably consin a coaliti_on was formed by the "Union" (Republican) and "Union Democratic" tickets as agamst what was called the '' Democratic ticket, '' the former "?ombination" casting 7,039 and the fatter 3,450 votes. If this proporti~n was ruain-t_amed at the Presidential election of 1864, when no such combination was made it follows that of the 8,457 Democratic votes then cast 2,423 were lhose of persons ~p-}lOsed to secession, who mnst Le added to the 9,888 Repnblican votes in computing the number of uncompromising Union men in the State. 12 OREGON REBELLION WAR CLAIMS. militia iH expressly reserved to the States by the Uuited States Con ·ti-~ u tio11 (Article 1, section 8). It is true that iucideutally tbey served another legitimate purpose. They demonstrated to the concourse of people from all parts of the State at the annual State fairs that the ,:oustituted authorities were backed by a force of loyal men trained to arms, and ready if necessary to compel obedience and submission to 1 lie laws: a,ll(_l thus possibly prevented uprisings that rnigllt otllerwise l1ave takeu place. But it was obviously in the first instance tlrn prov-ince of tlle State to prevent such uprisiugs to the extent of its ability, and even to make an effort to put them down had they occurred. IL-CL.A.IMS ON ACCOUNT OF VOL UN'.l'EERS. The first call upon the State of Oregon for volunteers was made on September ti, 1861, and was reudered necessary b,v the withdrawal of fourteen compa,11ies of regulars to California aud tl1e threatening atti-tude of certain Indian tribes east of the Cascade Mountains. It origi-11atetl witb the commanding officer, district of Oregon ( comprising t be Tenitor,r of Washiugton as well as all but a small portion of tlle State of Oregon), who, in a communication to the gm'ernor, bearing the date mentiouer tl1i call, but on 1 ecember 31, following, the governor reported (pa _:e 204, Ex. Doc. 70) tllat be found it impos il>le to raise the other ·ompaui · tuat had been called for. 011 ,Tun 1 , 1 64, the commanding officer, district of Oregon, pursu-' ut t authority from the commau<·Jm lm mt f tu , a ·itic, und r authori y granted by the War De-part_m ut . _-;il_l c1 upon th g· ,. rnor of Oregon for a regiment (ten com-J>~u11 ·) ,f_ 11Jh ntry (pa J50, _1 1.x. Doc. 70), and on June ~, 1805, the oruamzat1011 fall tbt ·ompam -call d for th m mb r. of wlli ·h were -mli t d f r ue au 1 thr e : ars, llad b :1 compl ~t t><'r ruo11tli. A grc·at rnany of these men have no pecuniary interest in keeping op1·11 the lin<'H of travel, protecting mining districts aud merchants and traders. Tbe lw11l'fit of thl'ir 1wrvico tb11s inH11res [innres] to tho benefit of others who shonlly rnl<·rr l from th I" 11 rng of h unti s tom ~u '' who bould lier after <·1ili. t .' \.. lta.' h<· n ,ilr •ad,y m 11tioued, tbc t rm of the Oregon V ul-. ot form a, part of tl1i garrison, t hr e ·011 -contiu r against ho tile Iueen expended in the redemption of these bonds being accounted for by the fact that some of the bonds were redeemed at less than their face value, while a few have not been redeemed at all. The authority for this expenditure is found in the State act appr-oved October 24, 1864. By this act the legislature approrJria,ted $200,000 to constitute and be designated as "The Soldiers' Bounty Fund," from which was to be paid a bounty of $150 to every soldier who should thereafter enlist for three years or during the war and be credited to Oregon as part of its quota of volunteers. Such bounty was to' be granted in addition to all other pay and allowances from any source, and was to be paid in three equal installments. uame1y, $50 at the time of enlistment, $50 after one year's service, aud $50 at the expira-tion of the term of enlistment. In case of death, honorable discharge, upon muster out by reason of expiration of service, conclusion of war, or of disability incurred in service, the full amount of bounty was to become due and payable to the soldier or bis legal heirs; but the allow-ance of bounty was to cease upon ond, were to be issued by the State treasurer in exchange for, and of equal amount with, warrants that were to be drawn by the secretary of state in favor of the persons entitled to bounty under the provisions of the act. On December 19, 1865, the above cited act was amended by two sepa-rate acts, one of which being merely intended to facilitate the payment of bounty due to ex-soldiers living at a distance, need not be considered here. By the other, the provisions of the original act were extended to all United States volunteers iu the First Regiment of Uregou Infantry '.1nd First Regiment of Oregon Cavalry who enlisted for oue year only, mstead of three years, so that sucll last-mentioned volunteers were to be entitled to receive tlleir proportionate share of the bouuty to wit $50. A copy of the bounty law and the acts amendatory the~eof ac~ companies this report. S. Ex. 3 - 2 18 OREGON REBELLION WAR CLAIMS. Tbe circumstances and exigencies under which the above law was passed appear to have been as follows: As bas been stated, on January 5, 1863, the commanding officer, District of Oregon, acting under in-structions from superior authority, called on the governor of Oregon for six additional companies of cavalry, which, with the six already in serv-ice, would make up the full complement of companies of the First Oregon Cavalry. In proportion to her white population of military age Oregon had not nearly furnished as many volunteers as had been supplied to the Government by the Eastern States, or even by the State of California ( see letter of General Alvord to governor of Oregon, dated March 6, 1863, page 152, Ex. Doc. 70); and as the troops required were mostly needed for the protection of the people of, and of immigrants en route for, the State and adjoining territories, it was hoped that the call would be as promptly responded to as had been the War D.epal't-ment's requisition of September 24, 1861. But so little progress in re-cruiting the force called for bad been made on April 15, 1883, th~t the commanding officer, District of Oregon, suggested to the governor the expediency (see page 165, Ex. Doc. 70) of sending recruiting officers into California. This tardiness in volunteering was not, however, due to any lack of zeal on the part of the executive of the State and on July i, 1863, the latter explained to the commanding general, Depart-ment of the Pacific, the cause of it in a letter (page 181, Ex. Doc. 70) from which the following is extracted: Allow me to say that the people of Oregon have reason to be grateful to yon and General Alvord for the co-operation extended to me in raising volunteers; many thousand dollars have thereby bec•u saved to the State. Recruiting here has been a very slow and difficult matter. We have bad to contend against the secession ele-ment here and a combination of circumstances rendering it next to impossible to get meu. The last legislature passed a usury law and capital bas been seeking in-vestments in public improvements of different kinds under incorporated companies. Two railroads aod 1,hree turnpike roads have been under way. When we postee fairly pre-v rnor Gibb , which ap-OREGON REBELLION WAR CLAIMS. 19 pears in the printed record (page 249, Ex. Doc. 70), is dated October 18, following, and is to the fol lowiug effect: I feel that it is very important foe the public service, as I have continually repre-sentPd to you for a long time, that the legislature of Oregon should pass a law giv-ing bounty to volunteers. Every State has passed such Jaw. The inadequacy of the pay is especially evident on this coast, where the depreciation of legal-tender notes is so discouraging to volunteering. I fear that with all the bounties offered few volunteers will be obtained. Thns the State would h:we little likelihood ofliav-ing any very large amount to raise. I should regret if the legislature should adjourn without such action. · • .For the defense of the frontier against the Ind-ians it is necessar.11 that the present mili-tary force in the District of Oregon should be maintained. I hai,e been compelled to 1·educe Fort1:< Colville and Lapwai to one company each, which is too small a force. The First Oregon Cavalry has pe1forraecl the past swnrner efficient and admirable 8ervice in that part of Oregon south of the Columbia River and east of the Cascade Mo11.ntains. Traversed in evt1·y direction by thousands of miners last stmnner, the presence and activity of the troops in that region have been of the utmost importance in protecting the roq.d against the Snake Indians. Under existing circumstances, t.o keep even this small force in existence, which is really inadequate to the service, I :xp 11<11·,l in J>~I) ment of interest on moneys bonowed to carry out th provi ioni; of the acts of October 24, 1!;64, Abstract L ......... . Total amonnt e.·p uded on acconut of volnntcers and not repaid 'tat h_y l . ' .••.••••••••.••••••• _ •••••••• _ ••••• _ ••• __ ••••••••• Amount expeticl mitt d. G. B. DANDY, Lieut. ol. and Dep. Quartermaster-General, Senior Examiner. FRANK WEST, Captain, ixth Cavalry, Examiner. TIIEO. SCHUAN, Ja)m·, A,·8istant djutant-General, Etcaminer. OREGON REBELLION WAR CLAIMS. 21 Oregon State claims-Analysis of abstract A. Public parade. ~ Amount of voucher. A ... p'., .s Q rd § ;§ ~ il ~ A :, 4) :, Company, etc, bl) 8 A~ rd c,5 ri, bl) a! 0 ... ... ~t Q i:i k- ~ s ~ Place. Date. .Q .s 0 A .El ·c d Q It) It) ~ 8 ~ i~ ~ ;>, ... ~ ci! ~ ~ 0 ~ A ... l:d ~Q A p.. ------------Linn Co. Riflemen ........ Salem ................. Sept., 1863 200 40 5 $400 ····- ---- - -·-·· Co. A, 1st regt., 1st brig .. ...•.. do ............... Sept., 1864 178 36 5 356 ---- ---·- ----· Co. A, 1st r ep;t., 2d brig .. ...... do ...........•.•. Sept., 1864- 370 37 10 740 ----· Co. A, 2d regt., 2d brig ... ······0unty and relief act, believing that in so doing that they were only performing their duty. • And I do kn0w from my own personal investigation and experience that thf ord-nance, tents, hills of stationel'y, clerk-hire, lahor paid for cleaniug guns, hills for print-ing, an- ·e who stoo,l ready to take the field ou call. I traveled from place to plaee and a st ·ted m establishing 1·ecruiting offices at aJl the different places in t he • 't: te wher,, oftic- s w r eRtablishecl. I hav • re:111 th r •port of th bouorabl 'I'hircl Anditor 1o the honorable Second Compt roll< r iu th matt r of On•gon's r bell ion war cl:lim, ~Lnd I <10 know tllat all tl.w . pernlitnrc. rpc•ited in said rnpMf, wel'e made aud pai(l for l.,y the 8t.atA of Oregon in tho . 1•c·11tio11 oft he piriL of Haicl lettnr of Secretary 'vV. JT. Soward. C. A. Rmm . . '111,. <'l'ilwd and . worn to J,Pfon: m1-1 thif! ~0th day of ,TIily, I . I• l!AL. j GEO. II. DURilAM, .Notary P11blicfor Ure_qou, .n:mc,' 'TATE. pr• Pllt. hall ·oml', {,rrecting: r ,to· 111rn.· .. c11 , ~rn copy from the r cord in this Department of g v, rnor of Maryl nd ; I l ·o certify that the records show •t ·cml of fl: icl copy, hParing the Ranw elate, was acl-,r of OREGON REBELLION WAR CLAIMS. 23 Iu test,imony whereof I, Thomas F. Bayard Secretal'y of State of the United States, have hereunto subscribed my name and caused the seal of the Department of State to be affixed. . Done at the city of Wasliington, this 13th day of Febrnary, A. D. 1888, and of the Independence of the United States of America the one hundred and twelfth. [SEAL.] T. F. BAYAR~. His excellency, THOMAS H. HICKS, -Governo1· of the Slate of ~Maryland: DEPAUTMENT OF STATE, Washington, October 14, 1,861. Sm: The present insurrection had not even revealed itself in arms when disloyal citizens hastened to foreign countries to invoke their intervention for the overthrow of the Government and the destruction of the Federal Union. These agents are known to have made their appeals to some of the more important states without success. It is not likefy, however, that they will remain content with such refusals. Indeed, it is understood that they are industriously endeavoring to accomplish their disloyal pnrp9ses by degrees and by indirection. Taking advantage of the em-barrassments of agriculture, manufacture, and commerce in foreign countries result-ing from the insurrection they have inaugurated at home, they seek to involve our common country in controversies with states with wliich every public interest and every interest of mankind require that it shall remain in relations of pt-'ace, amity, and friendship. I am able to state for your sat,isfaction that the prospect of any such disturbance is now less serious than it bas been at any previous period duriug the course of the insurrection. It is, neverthelf'ss, necessary no-we as it bas hi t-lierto been to take every precaution that is possible to avert the evils of foreign lrar to be superinduced upon those of civil commotion which we are endeavoring to cure. One of the most obvious of such precautions is that our ports and harbors on the seas :.md lakes should be pnt in a condition of complete defense; for any nation may be said to volnntmily incur danger in tempestuous seasons when it fails to show that it baA slieltered itself on ever-y side from which the storm might possibly come. The measures which the Executive cau adopt in this emergency are such on]y al:l Congress has sauctioncd and for which it has provided. Tbe President is putting forth the most diligent efforts to execute these measures, and we have the great sat-isfaction of seeing that these efforts, seconded by the favor, aid, and support of u, loyal, patriotic, and self-sacrificing people, are rapidly bringing the military and naval forces of the United States into the highest state pf efficiency. Bui; Congress was ebietly absorbed, t a pr ,·id ·d i 11 t bi •t. ' ~·~u ·. i. I-or tl1 purp · of p:iyin,,. the h untie herein before provided for the sum ul :o 111111,lr l thon an 1 cl II· r i her hy appropriatecl ancl ta ideas h~reinafter pr v11l ,,1 for. 01 ~mt ·h th r of a ma h need rl shall h r;e apart by the treaaur r ,r • • ft•: nil 1•0 11 t1 nh : parat , fond, to he cl(•sig-n:itNl a.. the "Holdiers' honnt,y OREGON REBELLION WAR CL.A.IMS. 25 fund." All liabilities created by this act shall be paid oot of such fund, and the treasurer of State is hereby authorized and required to pay all warrants drawn upon the soldiers' bounty fund out of the moneys at any time j n such fund, and none other. SEC. 8. For the purpose of carrying into effect the provisions of this act, and pro-viding for the fund created by section seven thereof~ the secretary of state of Oregon shall, immediately after the passage of this act, cause to be prepared bonds of the State, to the amount of one hundred thousand dollars, in sums as hereinafter pro-vided for, redeemable at the office of the treasurer of the State on the first day of July, eighteen hundrecl and eighty-four. The said bonds shall bear interest, pay-able semi-annually, at the rate of seven per centum per annum, from the date of their issue, which interestslrn,ll bedne and payable at the office of tpe treasurer of State on the first day of January and July of each year: Provided, That the :first pay• ruent of interest shall not be made sooner than the first day of Jnly, eighteeen hundred and sixty-five. The said bonds shall be Rigned by the governor .'l:ncl coun-tersigned by the secretary and indorsed by the treasurer of State, an1l shall have the seal of State affixed thereto; and such bonds shall be issue ,1 from time to time, by order of the governor, as may be required by the provisions of this act. The ex-pense of preparing such bonds shall be paid out of the general fond of the State. SEC. 9. Coupons for the interest shall IJ,!:l attacbetl to each bond, consecutively num-bered and signed by the treasurer of State; and it shall be the dnty of the secretary and treasurer of State, each to keep a, separate record of all-such bonds as may be is-sued, showing the number, date and amountofeach bond, and to whom the same was issued. SEC. 10. On production of certificate, as prescribed in sections three, four, and five of this act, the secretary of State is hereby authorized and required to draw his war-rant for the amount of such bounties on the treasurer of the Btate, and the treasurer of the State is hereby authorized and required to issue, ou delivery to him of such warrant, a bond of the amount due such claimant, payable to the recipient or order. SEC. 11. :For the payment of the principal and interest of the bonds issued unde1· this act, there shall be levied and collected, annually, until final payment or redemp-tion of the same, and in the same manner as other revenue is or may be directed by law to be levied and collected, upon all real and personal property, taxable .property in this State, a tax of one mill on the dollar of valuation of such property in addition to the ta1ees for general State purposes, and the fund derived from this tax shall be set apart and applied to the payment of the interest accrning on the bonds herein provided for, and the final redemption of the principal of said IJonds; and the faith of the State of Oregon is hereby pledged for the payment of the bonds issued by virtue of this act, and the interest thereon, and, if necessary, to provide other and ample means for the payment thereof. SEC. 12. Whenever, on the first day of January or July, eighteen hundred and sixty-five, or upon the first day of January or July in any subsequent year, there shall remain a surplus, after the payment of the interest as herein before proviar fir ·t a ho Ye writt n at tlrn City of Salem ane;.·io;isii2·:::::: Supplies, b.:irse hire, etc ......... . ... . Transportation of arms and supplies .. Printing, repair of arms, making tents, etc. Postage stamps, box rent, etc ........ . Disbursements of governor of State .. Disbursement.!! of adjutant.general's departD.tent. Amount claimed. $9. 907. 07 3,998. «i 727. 42 2,276.68 121. 72 1,767.75 2,380.75 .AmollDt paid by State . Amount noevi• dence of payment. $9, 907, 00 I•••••• • • • • • • 3,958.46 717. 42 2,265.63 121. 72 1,767.75 2,380.75 $40. 00 10. 00 11.00 Total expenses for militia ....... [ 21, 179. 73 \ 21, 118. 'l'lJ 61. 00 EXPENSES FOR VOLUNTEERS. E 11862-'66 I State net of Ootober 16, 1862 ...•. ·I P::w of adjutant.general and his clerk. G 1864-'66 · StMe act ol Octobm- 24, 1864...... Relif'f to Oregon ,olunteers ........ . H I 1864-'66 I State acts of October 24, 186!. and I Bounty to Ore.gon ,olunteers .... . .. . nets of DecemblM' 19, 1865. K I. ......... I Aots of October 24, 186! ......... · I Advertising for hou~ty a.ncl relief bonds. LI 186i-'S6 L 1886. l ...... do Interest paid on coupons to soldiers' bounty boods from 1864 to 1866. Intf>rest paid on bollDty bonds, all the coupons having been used, 1886. 3,994.49 90,476.32 129,241.02 835. 70 64,723.95 1,099.00 3, 973. 49 I 21. oo 90, 476. 32 . - ....••••.. 129,241. O:l I• -·········· 835. 70 64,723.95 1,099.00 Remarks. $345 for prizes to best drilled companies, $507 for horse hire, $23 for repairing gun-carriage, balance for pay of officers and men at lll2 per day each. Errors of $10 in footing abstract, and of $30 in abstracting Voucher No. 37. Voucher 18, no warrant showing payment. No vouchers are submitted with this abstract. The canceled warrants only are presented Salary of adjutant•~eneral for $3, l 88. 83 trans• ferred to Abstract E, expense of volunteers, .Amount paid for relief bonds redeemed, as shown by copy of the bond register, canceled bonds, and certificate of tre:i,,.<;urcr of State . Amount paid for bounty bond.s redeemed, as shown by copy of bond register, canceled bonds, and certificate of State treasurer. No ,ouchers accompany this claim, only the ca,ncele:l warrant a for $481.60 paid for ad ver• Hsing for· bounty bonds and $354.10 for ad• vcrtising for reHef bonds. As shown by certificate of State treasurer and canceled coupons. As shown by certificate of State treasurer. t...:> 00 0 p:j t%j 0 0 z ; t:d trJ tot tot 1-4 0 z ~ C tot ~ ~ L 1865-'86 •••••• do ......•••.................. , Interest paid on coupons to soldiers' «. 803. 40 I relief bonds, 1865 to 1886. Total interest paid .............. 335,173.88 RECAPITULATION. Expenses for militia .............•.... 21, 179. 73 Expen11es for volunteers, principal 335,173.88 and interest. 356,353.61 44,803.40 1 ···· ........ As shown by canceled coupons. certificate o: State treasurer, and copy of bond register. 335,152.88 21. 00 ~1,118. 73 61. 00 335. 152. 88 21. 00 356,271.61 E2.00 C ~ t2!.l i:i C !Z t t:c l:L'l t"' t"' .... C !Z ~ C':l t"' ► l-0 a: ?l N,; ~ INDEX. A. Acts and resolutions of the legislature of Oregon, U!3der the autho~i~y of w~ich Oregon a~pro-priated and expended money to pay certam expenses ansmg durmg the war ot the rebellion; on account of suppressing Indian hostilities and disturbances; guarding overland mail and emigrant routes (during and snt.>sequent to the rebellion), recruiting, enlisting, enrolling, org-anizing, arming, equipping, supplying, clothing. subsisting, paying, drilling, furnishing, transporting, O~e~on Volunteers, militia, _volunte1;r_ (or-ganized) companies, bounty, extra pa.y or rehef to Oregon volunteers, m the military service of ••the United States; and preparing same in camp or field, for readiness ti) perform militarv service for the United States; and interest actually earned and paid on money borro\ved, or assumed on obligations issued, with which to meet the expenses necessarily incurred on account of certain of the purposes aforesaid: • Acts: Page, October 16, 1862 (report) .••••.•......••••••...•••.•.•...•..••..••••.......•••••...•••.••. 2--7-21 October 24, 1864 (report)................................................................. 23 October 24, 1864 (statement, Exhibit 69). •• • • • ••• • •• . • • • • • . • • • • •• • • • • • • • • • • •• • • • • • • • •••••• 91 December 19, 1865 (statement)........................................................... 26 De<;ember 19. 1865 (statement)........................................................... 26 Adjutant-general of Oergon: Salary and miscellaneous expenses of office of ($6,374.24), during the war of the rebellion. 13-28 Act of legislature, October 16, 1862, authorizing ~ame...... ••• • . . • . . . . . .• . . • •• • . . . . . . . . . . 2 Office and department of, not created prior to October 16, 1862 . • • • ••• • • • ••• • • • ••• ••• . • •• • • . . . 2 Affidavit of ........ ...........•••.................•.•••.••..•.••..•.....••...••...•••.•.... 20-21-22 Alvord, General : Certain correspondence of, that the issue to the Oregon militia of 400 muskets, with append-ages and accouterments, and 16,000 ball cartridges (Ex. Doc. No. 70, page 168) was not in conformity with paragraph 13•4 of the .Army Re~ulations (177 ib.); that said issuo was made by General .Alvord, comma11y General Wright, commanding Department of Pacific. The latter informs Adjntant-General U.S. Army, .June 13, 1863 (176 ib.), that he had not ordered said arms to be returned, but asks the approval of the Secretacy of _ War in the premiaeR, and recites that General Alvord deemed that the exigencies de-manded said issue of arms............................................................. 9 . B. Bounty: Paid b_v Oregon to Oregon volunteers mustered into the military service of the Uniteu States during war of the rebellion ... . .............................•.................. . ...... 17-28 Circumstances and conditions under which the legislature of Oregon paid bounty to the Oregon volunteers in the service of the United States, similar to those that existed in the cases of California and Nevada.................................................... 18 c. Circumstances and exigencies: Under which Oregon appropriated and paid money on account of equipping, subsisting, transporting, supplying, furnishing, drilling, orgnnizing, and paying t-be expenses of her militia. and volunteer forcea during period of the rebellion, and extra pay bountv, and interest paid on money borrowed by her with which to pay the same (to Orerron volunteers in the military service of the United States) during period of the reu~ll-ion ...... -...... -..• .. . ... . . . . . . . . . . . . . . . . . . . . .... .. . . . . . . . . . . . . . . . . .. . . ..... 7-8-15-18-21-23 Under which Oregon appropriated necessary relief, by her Jaw of Oct,obcr 24, 1864. (State-ment)..................................................... ...... ........ ........ ...... 91 Under which the bounty act of October 24, 1.864 was passed. set forth as follows: That the Oregon volunteers ca.led for Ly the ruilitary comlllandt>r of t-he cliotrict of Oregon, January 5, 1863, were mostly needed for the protection of the emigration route to that State and adjoining Territories, and was not promptly responded to, ancl so little pro~-ress in recrniting sam'.l up to April 15, 1803, that the military commander of the V'n1-ted States f 11r the military district of Oregon suggested to ibe goveruor the expedi-ency of sending recm!tiag officers to California. This tardiness in volunteering was not due to any lack of zeal on the part of tbe exectltive of Oregon, but because recruit-ing wa~ ve:y slow _and difficult. That _the _st~te had_to contend against secession, and a combrnat1on of circumstances rendermg 1t impossible to eillist men who were being ort:ered b_y corporationA_ and others $40 to $50 pe~· month in coin; and that $5 a day was ~emg oflored m ad~ertisements tl}rough the dally papers and posters for men to work rn the mmea, that it was not until.July, 1863, when one company of Lhe six called for was completed, and on December 31, 1863, the governor of Oregon mformed the com-mander of the military district of Oregon that he found it impossible to raise more com-31 32 INDEX. Circnmstancct:is and exigencies-Cont inned. Page. panies under the proclamation of January. 1863, and thaL all recruiting offices bacl been closed. Recognizing the impossibility of raising troops with t,be means then at bis command, he addressed the legislature of Oregon. and recited tberein tihe recommenda. tion of General Alvord to the effect that the legislature of Oregon should pass a law giving bounties to her volunteers; that tlie inadequacy of the pay was specially ev[. dent on the Pacific coast, where· the deprnciation of United States notes was so discour. agin"' to volunteering, a,nd that with all tl1e bounties offered he feared ver.v few volun. teers"woulcl be obtained, and regretted that the le_gislature of Oregon should adjourn without pas!'ling a Jaw giving bounties to her volunteers in the military service of the Uuited States. Examiners are of the opinion that the legislature of Oregon passed tbe bount:v law from tho conviction tlrnt it was tho imperative dut.v of the State to compl,v with the rrquisitiou of the Ganer-al Government for troops, and that without it it would be impossible to raise troops. The effect of the law more t.han jusWied the ex. pectations of its advocates; tbat four companies of infantry called for by the Unitr,d States were mustered in December 31, 1864, and tho organization of six other compa• nies completed before tho end of June, l 865. The First Oregon Cava! r.v was reorganized in rtccorclance with the command of the Federal authorities ..... ....................•. 18-lll Congress: Act of June 27, 1882, found by War aud Treasnry Departments to have been inapplicable for the adjustment ot' the re hellion war claims of California, Oregon, and Nevada ...... . Currency of the Uniteart• ment of th · Pacific, m1der proclamat,ion of the governor of Oregon calling for same, and incurring a liability therefor in the sum of $1.985.25, nut heretofore paid by the United States..................................................... ..................... 13 E. Evidencf': Filed in 1 ho 1111pport of the payuient of money appropriated bytbe State ofOregonanaid canceled warrants of' the State comp• tr"llrr 1lrawn on State tr,·aimr,v, certificate of the State treae.urer nutbenticatecl by tho s cretary of Rtato under the State seal, setting fo1·th tbe amounts severally and aci U· ally p11icl as 11hown by llooks of tt·C'asttrer's office, as bv him reported to several legidla. tive as11emhli1111, Vl'ritie~~;isi~;.;s thereof ~-ecited :::::::: 2-s •• -'05 (671)....... . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 6 t 02; r ason s for enactment thereof set forth by governor th Orogon Jecrislature 1862; due to more danger of' in-vnr, anu tt'oubfe with Indians in 1862, than existed in 11 gov rnor of Oregon made a similar recommendation for dncd militia for the State of Oregon. (See statement, Ex-~;iiiii~ ·,;r ·o~ei£o"n; ·aii oi:ii.e~· ~uii1a ·~e~e- d~no~fu:ated ·th~ ri;u11iz1·d _militia authorized to be called out by the com-uto II rv1c for more than one week, were entitled to re-ot' 11it1·<1 States troops in service in Oregon, on such ."i··· ...... --. 0pte~iie~· ao,' isa4:·o~-i~-g-pa;tii t~ iii~-de: •r ,Ile active military service of the United · ·oi e~ch inein be"r ~i ~~id. c~~i>~niea·:::::: gi lature in enanP~· hown to have !lCtnally been paid out by Oregon for advertising for the re-!lNnphon of lJnnnty and tPlu>fl•ond , $8;J5.70 ...................... .... . ... .. .... .. ... 20--28 <·~ ot J ~i 1 tnn, tober 24, 1864, autborizin,,. same. (See statement, Exhibit 69, page 01) • . • . . . • • . •• .• ••. • • . . • ••• •• . . •. .• . •• . .•• ••• •• ••••• . . .. ••• •• • •••• •• . • • 14-17-23-26-27 moon of niono.r hown to have actually been paid by Oregon as interest on relief and bono · bond i u J to r gon volunteers while in the service of the United States, 110 .. 6.35 ...•••.•••••..••.•••......••••..••..•.. •••••• .•.•...•.•••.•••.....•........ 20--28-29 ob~.~.~!.~~~~~-'.-~~~~~-~~~'. .1.~•- ~~~~~~-z-~.': -~~1~-~-- •• <~~- ~~~~~~~~:: ~~~i~-i~-~f~t.25-27 INDEX. 35 Volunteers of the State of Oregon--Continued, Page. Total amount of money shown to have actually been ~aid out by Oregon on account of ex-penses of Oregon militia and Oregon volunteers incurred during the war of the rebell-ion, and when said volunte,1rs were in the military service of the United States, not heretofore re-imbursed by the United States, $356,271.61. ••....•................ . .. .... 20-29 Pay of Oregon volunteers in the service of the United States, equal to about $5 in spec,e per month by ,irtue of the depreciation of•U nited States currency, and that simple jus-tice consisted in paying Oregon volunteers $5 per month extra pay in coin to make ~i:t~~~ _I_~~~~~ ~o~- ~~~~-~~~~~es?.~~-~~~~~~~~~~~~-~-~~~~~-~~~~~~ _c~~~~?·. _ ~~~~:~: 87 Number of volunteers in the service of the United States during and subsequent to the war of the rebellion, 1810...... . . . . . . . . . . . . • . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . 13 Services rendered by Or gon volunteers (Ex. Doc. No. 70, pages 52, 53, 107, 112, 117,130,167, 180, 188, 192, and 211) ; were actively and usefully employed in constructing and garri· soning military posts on the frontier at expoeed points, keeping peace between gold War: and silver miners and Indians ; in protecting·and escortini through the Indian country the vast immigration which during the war of the rebellion swarmed into the mining and farming lands of Washington and Oregon, and kept open the avenues of trade by preventing the same being closed by. Indian highwaymen and others east of the Cas· ca.de Mountains. See also Ex. Doc. No 11, page 28, as follows, to wit: "Military serv-ice1:1 of California volunteers rendered during the war of the rebellion were valuable and important. They took the places oi the regular troops of the U. S. Army sta-tioned in California, who were withdrawn and sent east at an early period of the war. Without the California, Oregon, and Nevada volunteers the overland mail and emi-grant routes extending from the Missouri.River via Salt Lake to California, Oregon, and Yevada, and passing through an uninhabited country infested with hostile Indians and highwaymen, could not have been protected; important to the United States to keep these overland routes open and safe, because rebel cruisers bad made the sea routes hazardous and expensive. California volunteers, commanded by Generals Carleton and Connor, performed perilous and exhausting marches through almost impassable coun-tries ; keeping a watchful eye on the uncertain and threatening attitude of the Mor-mons; be!lides doing military service in Arizona, and New Mexico, and effectually holding said Territories in the interest of the United States during the rebellion period against both Indians and rebels, etc ....•.. ...••............••.. ..................••••. • 28 w. Secre~ary of, let~f:r December 4, 1889, transmitting to the Senate report of the Oregon rebell-ion war claims . . . . . . . . . . . . • . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l 0 50TH CONGRESS, l 1st Session. f SENATE. { Statemeut for Committee on Military Affairs. CALIFORNIA, OR.EGON, AND NEVADA STATE WAR CLAIMS. STATEMENT OF THE CASE OF THE STATE WAR CLAIMS OF CALIFORNIA, OREGON, AND NEVADA. By Mr. S'.l.1EW.A.RT. (Member Comrnittce on Military Affairs.) FOR THE INFORMATION OF THE COMMITT~E. • In support and explanation of bill (S. No. 3420) reported from the Senate Committee on Military Affc1irs August 10 1888. The several bills (S. 36, S. 2440, S. 3119) heretofore introduced for the payment of the State war claims of California, Oregou, and Nevada have been reported adversely by the Committee on Military Affairs, and the accompanying substitute bill (S. 3420) has been introduced by Mr. 8tewart in lieu thereof. · Tile oujects of this bill (S. 3420) are-(1) To ascertain the amount of all money actually paid l>y California, Oregon, and Nevada, and Nevada when a Territory, for the common defense -in recruiting, enlisting, enrolling, organizing, arming, equip-ping, supplying, clothiug, subsisting, drillitig, furnishing, transporting, and paying their volunteers, militia, and home guards for the purposes of guarding the o,·erland mail and emigrant routes, and for instructing in military affairs a11d preparing their volunteers, militia, and borne guards in camp and fielNDITION OF AFFAIRS THA'I' RENDERED A CALL FPR CALIFORNIA • VOLUNTEERS NECESSARY. That in May and June, 1861, the overland mail and emigrant routes were attacked hy Indians, and communication closed between the At-lantic States .and the Pacific coast. These routes exteuded from the Missouri River to Ualifornia Yia the Platte River, Salt Lake City, through Nevada to Sacramento1 Cal., with brauch lines extending to Oregon, and constitllted the only means a·\ that date of direct overland communication betweeu the Missouri River u.nd California. At this time gold discov-eries in California. continuE-d to invite a large immigration, the int&est in which was more or less iutensHied by continued extensive silver dis-coveries in Nevada and prinripally on the Uomstock lode in the western part of that Territory. Thf routrn, via Cape Horn, and especially that via the Isthmus of Panama., were rnndered extremely doubtful, da11ger-ous, and expensive on account of Confederate privateer cruisers hover-in_g around the West India Islands and along both these sea routes, and in anticipation of other Coufoderate cruisers infesting the waters of the Pacific (which soou the·r·eaftt1r became the theater of the operntions and depredations of the Oonfeetter 1.nd preferable route by which to reach the Pacific. Tl.lat on account of a ~elleral uprising of the Indians along the entire overland rou,~e a1;1d br!tncb lines, and e8pecially that portion between Sal Lake 01t , rn thP- Territory of Utah, and the Sierra Ne,Tada fountain ·, antl exteudiug east to Fort Laramie, and of the doubts-as to th loyalty of the Morm011s to the Government of the United States, tll maiut na11c aml p1·otection of the overland mail and emigrant route through tbo, . ctions of the countr.r aloug the aforesaid lines was re-gard ,r,ra111.z.<• volnnt •r ·ompani · , uppres, Indian dis-. 1.h· TIC~ \ 111 ,h thr ·a·,·11 cl lh ,' tl.'I •11.·ion of all mail fa ·iliti and m1 T 1 1 ti >m 1 ◄ a. th . t t a. will be her inafter hown. CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. 3 That at the time of the calls by the United States upon California, Oregon, and Nevada for troops the prices of labor and supplies of all descriptions in the Pacific coast States and Territories were extremely high. There were not th ··n any railroads in said States, and snow on the Sierra-Nevada and Cascade Mountains formed an almost impassa-ble barrier against teams from about the 1st of December until about June. The average cost of freigbt from San Francisco, the main source of supply for western Nevada, was about $80 a ton, and it was necessary to lay in supplies during the summer and fall for the remain-der of the year. .A great mining excitement prevailed at this time, occasioned by the marvelous development of the Comstock lode, and wages were from $4 to $10 a day in gold. People who had emigrated to the new gold and silver fields went there for the purpose of mining and prospecting for mines, and were generally reluctant to enter an irregular military service of guarding the overland mail and emi-grant route~ Besides, the extraordinary high price of supplies of every description, and of wages and Rervices of every kind, made it impossible. for the citizens of these States at that time to maintain themselves and fa,milies without involving much more expense than any compensation which could be paid them as volunteers under the laws of the United States. The military authorities o( the United States well knew at that time the exact condition of the coui1try and of the roads across the mountains leading thereto and the cost of trans-portation, and the prices of labor and of supplies. ' FIRST CALL BY THE UNITED S'l'ATES FOR CALIFORNIA VOL UN'l'EERS. In view of the necessities of the situation, with all these facts fully known to the military authorities of the U uited States, the Secretary of War, on July 24, 1861, made a requisitioll upon Hon. John G. Dow-ney, governor of Cal_ifornia, for one regimP,nt of infantry aud five com-panies of cavalr.v to guard the ·overland mail routes from Carson Valley to Salt Lake and to Fort Laramie. See copy of telegram hereto attached and marked Exhibit No. 4, page 31. • SECOND CALL BY 'l'HE UNITED STATES FOR CALIFORNIA VOLUNTEERS. On August 14, 1861, the Secretary of War made a further requisition by telegraph upon Hon. John G. Downey, governor of California, to organize, equip, and have mustered into the United States service four regiments of infautry ancl one regiment of cavalry, and to place same at the disposal of General Sumner, U.S. Army, commanding the Depart-ment of the Pacific. Copy of said telegraphic requisition is hereto attached aud marked Exhibit No. 5, page 31. On August 15, 1861, the Secretary of War sent a further telegraphic request to the governor of California to make D. D;Uolton a colonel of a cavalry regiment, with authority to org-anize as promptly as possible. Copy thereof is hereto attached and marked Exhibit No. 6, page 31. Whereupon Bon. John G. Downey, as governor of California, on .Au-gust 12, 1861, and August 23, 1801, issued his proclamations to organize said volunteers, copies of which are hereto attached and marked Ex-hibits Nos. 7 and 8, pages 31 and 32. Governor Downey, in his message to the legislature of California on ~anuary 8, 1862, refers to the foregoing subject in the manner set forth m an extract therefrom, hereto attached and marked Exhibit N 0 , 9 page 32. ' 4 CALIFORNIA, ORMGON, AND NEVA.DA STATE WAR CLAIMS. Not only were Indians at this time in open wa.r along the overland mail routes. extending from California to tlrn .1\'1is~ouri River and upon their branch lines, but in many localities they were al8o hostile, and particularly in nort)Jern Califoruia arnl southern Oregon and rastern Nevada, and to such an extent, indeed, in California that after impor-tunate calls by Governor Downey upon General E . V. Sumner, then in the command of the Drpartment of the Pacific, the former in August and September, 1861, was compelled to call out volunteers to suppress Indian hostilities in the northern portion of California. In his message to the legislature in Januarr, 18G2, Governor Downey refers to this subject in the manner set forth in an extract therefrom, hereto attached · and marked Exhibit No. 10, page 33. As late as June 15, 1888, Governor Downey, in a sworn statement, again sets forth the reasons that led him to the issuance of such orders and accompanied same with copies of the orders by bim then issued, and all of which are hereto attached and marked Ewibit No. _11, page 34. . While hostile Indians in California, Oregon, and Nevada, and along the main overland mail and emigrant routes leading thereto, rendered the situation serious, and such as, in the absence of the troops of the Regular U. S. Army (which had been mostly withdrawn from the Pa-cific coast States aud Territories) to render California, Oregon, and Nevada volunteers absolutely ueccssary for the common defense; yet there were other cause~ of a still more serious character that ga,1 e great concern to the General Government, and so great as to justify the issu: ance of an important State paper, to wit, a circular letter, in fact a quasi proclamation by Presieiug paid their salaries iu gold and. silver; copy of which .resolution is hereto attached and marked Exhibit No. 31, page 46. Again, on April 10, 1863 (Statutes of California, 1863, page 246), the legislature of California passed an act to assist in filling up the aforesaid regiments of California volunteers, and to aid certain volunteer officers thereof for that purpose, and appropriated the sum of $24,260 for recruit-ing of volunteers in that State for that purpose; copy of which is hereto attached and marked Exhibit No. 32, page 47. Again, ou April 25, 1863, the legislatur1j of C~lifornia passed an act entitled ''An act to appropriate money for the defense of the State" (Statutes of California1 1863, page 477), and appropriated the sum of $100,000 for such defenses; copy of .which is hereto attached and marked Exhibit No. 331 pag·e 47. Again, on April 27, 1863, the legislature of California passed an act entitled •' An act for the relief of the enlisted men of California volun-teers in the service of the United States;:, copy of which is hereto at-tached and marked Exhibit No. 34, page 49. A brief summary of some of the results thatflowedfr:om the foregoing legislation by California, enacted in consequence of the aforesaid cir-cular letter· of Secretary Seward and of the several requisitions anu calls made upon her State authoritieR aud as herein before recited, are set forth in tile annual re1J>orts of the adjutant-general of California for the years 1862 and 1863, extracts whereof are hereto attached and marked Exhibit No. 35, page 51. . The legislature of California being in session iu 1864, aud a devastat-ing and relentless Indian war raging in certain counties in the northern portion of said State, the extent of which it was officially stated by the State of California "had never been fully realized nor properly consid-ered by those whose duty it was to a:ft'ord protection at the time," on Feb-ruary 6, 1864, adopted assembly concurrent resolution No. 12 (Statutes of Oa1ifornia, 1864, page 545); covy of which is hereto attached and marked Exllibit 36, page 64. F RTIIER LEGISLA'l'IVE ENAC'l':i.YIENTS BY CALIFORNIA. FOR THE COM1\10N DEFENSE. Again, on Marcll 15, 1864, the legislature of California passed an act ent· "An act ameud_atory of and npplemeutal to an act entitled an ' elief of the enli -ted men of the California volunteers in t · · the nited States,' approved April 27, 1863;" copy of attached and marked Exuibit No. 37, page 64. till ragiu 0 · a.11<1 the paper mouey of the United States, i · · · · · • t re paid, till di mini liiug in value · early ever,vtlling to eat and to a ing a the value of the United t ture of Ualiforuia, on April 1, n lution 30. praying the pa • , pa of officer and enli ted t coa ·t t b iucrea ed 30 per 01 o attac aurnor ·a for an · ·nia i11fa11try. \Vii or Low, hi. pr ·lamati 11 f whi 11 l b.·hibit o. 44, CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. 11 EIGHTH CALL BY THE UNITED ST.A.TES FOR CALIFORNIA. VOLUNTE~RS. Again, on November 16, 1864, Generai Irwin McDowell made a requi-sition upon Governor Low of California for an additional regiment of California infantry. Whereupon Governor Low;on November 16, 1864, issued his proclamation therefor. Copy of same is hereto ,attached and marked Exhibit No .. 45, page W. STILL FURTHER LEGISLATIVE EN A.CTMENTS BY CALIFORNIA FOR THE COMMON DEFENSE. Again, on March 31, 1866, the legislature of California passed an act entitled ".A.n act to appropriate money for the payment of the claims of the Ualifornia volunteers," and appropriated the sum of $550,000 for such purpose. Copy of said law is hereto attached a1,1d marked Exhibit No. 46, page 7 4. The various operations of California's volunteers, so organized for the service of the United States and such of them as were subsequently enlisted and mustered into the service of the United States, are fully set forth in a special report of the adjutant-general of California to the governor thereof, on November 20, 1867; and the costs thereof are set forth in a special report of the controller of California, addressed to the Governor thereof, on November 4, 1867, copies of both of which are hereto ~ attached and marked Exhibits No. 47 and 48, pages 75 and 79. CALIFORNIA'S VOLUNTEER ARMY .AGGREG.A:TES NEAR 10,000 MEN Under the various calls, requisitions, and requests, as herein before re-cited, a large California volunteer army was placed in a state of prep-aration and readiness for itnmerliate service for the United States, and of these troops t,hus prepared. there were duly enlisted and actually mus-tered into thP, service of the United States 8 regiments of infantry, 2 regiments of cavalry, 1 battalion of 6 companies of mountaineers, 1 na-tive cavalry battalion of 4 companies, aggregating nearly 10,000 men, besides other inrlepen Hlry c· • to have be n nee arily ligat' recmiting of · id a i 5, wllich ham n ,, r 'ta thi expenditur i 6, 99. It will be here specially observed that the State of Oregon did not have prior to, and has not bad since, the affairs growing out of the re-bellion _have been prac!ically _closed up iJ? that State, any adjutant-general eo nomine; thus sbowmg qmte conclusively that the services of such an officer during .the p~riod of the reb~llion were made necessary by virtue onl:y of ~he exigencies of that particular period. And in the State of Cahform~.~er encampments for the military instruction of her volun-teers, rmhtia, and home guarrls never existed prior to the rebellion and were di pensed with at the end of the rebellion, and have neve; 14 CALIFORNIA, OREGON, AND NEVADA S'rATE WAR CLAIMS, been maintained since that time for similar purposes, thm; also showing quite conclusively that such encampments for military instru~tions dnr-ing the period of the rebellion were made necessary by virtue only uf the exigencies of that particular period. The alacrity with which the citizens of the State of Oregon, who were never drafted, who never furnished military substitutes, responded to the cans and requisitions made upon her State authorities by the U uited States for troops for its· service is fully set forth in the messa,ge of Governor Gibbs of Oregon to the legislature of that State, convened in special session on December 5, 1865, extracts from which message are hereto attached and marked Exhibit No. 73, page 102. OREGON'S VOLUNTEER ARMY. · The Oregon volunteers thus raised for the United States service, as herein before recited, consisted of one regiment of cavalry and one regi-ment of infantry and one independent company, and the nature of the services by them performed is partially set fortli on pages 37G-377, part VII, of the Volunteer Army Register, 1861 to 1865, extracts of which are · hereto attached and marked Exhibit No. 74, page 102. Tue manner in which the services of said Oregon volunteers were performed is amply set forth in the final report of the adjutant-general of Oregon at the eud of the war made to Governor Gibbs on September 1, 1866, extracts of which are hereto attached and marked Exhibit No. 75, page 102. FIELDS OF OPERATIONS OF OREGON'S VOLUNTEERS. The posts, garrisons, camps, and other points where Oregon's said vol-unteers thus raised were stationed nt are in Jaw the act CALIFORNIA, OREGON, AND NEVADA STATE WAR CL.A.IMS. 19 eral matters recited in this substitute (S. bill · 3420). This bill (S.1673, Forty-seventh Congress, first session) was accompanied by a report (No. 575) made by Senator Grover May 12, 1882, from which the following is quoted: OREGON. It appears by the report of the Adjutant-General U. S. Army, of April 3, 1882, that . one regiment of cavalry, one regiment of infantry, and one independent company of cavalry were raised in the State of Oregon during the late war of the rebellion, and that the expenses incident thereto have never been re-imbursed said State by the United States; and that the claims therefor have never been heretofore presented by sai(J. State for audit and payment by the United States, as per report of the Secretary of War of April 15, 1882, and of the Third Auditor of the Treasury of .April 8, 1882. Under section 3489 of the Revised Statutes, the claim for expenditures so incurred by _said State can uot now be presented for audit and payment without legislation by CongresR. In addition thereto there are some unadjusted claims of said State grow-ing out of the Bannock and Umatilla Indian hostilities therein in 1877 and 1878, evi-denced by a communication of the Secreta,ry of War of date last aforesaid, and some unadjusted balances pertaining to the Modoc war, not presented for audit to General James A. Hardie, approximating the sum of $5,000. NEVADA, It appears by the report of the Adjutant-General U. S. Army, of February 25, 1882, that one regiment of cavalry and one battalion of infantry were raised in the late Terrifory of Nevada during the late war of the rebellion, and that the expenses of r'.1ising, organizing, aod placing iu the field said forces were never paid by sai~ Ter-ritory, but were assumed and paid by the State of Nevada, and that none of said ex-penses so incurred by said Territory, and assumed and paid by said State, have ever been re-imbursed the State of Nevada by the United States, and that no claims there-for have ever been heretofore presented by either said Territory or said State for audit and payment by the United States. Uo.der section 3489 of the Revised Statutes, here-in before referred to, the payment of these claims is barred by limitation. These forces were rnised to guard the overland mail route and emigrant road to California, east of Carson City, and to do other military service in Nevada, and were called out by the governor of the ]ate Territory of Nevada upon requisitions therefor by the commanding general of the Department of the Pacific, and under authority of the War De;partrueut, as appears by copies of official correspondence furnished to your committee by the Secretary of War and the general commanding the Division of the Pacific. * * * The Senate Committee on Military Affairs did not make any report in relation to the State war claims of the State of California, but when this substitute bill (S. 1673) reported from that committee, was under consideration in the Senate, Senator Miller, of California, called atten-tion to the fact that California had war claims unprovided for, and on his motion this bill (S. 1673) was amended in the Senate so as to in-clude California, but Senator Miller did not make any reference to the fact that the State of California had also Indian war claims which arose pri~cipally prior to April 15, 1861, the date named in said bill, prior to w h1ch date no provision was made for any State war claim of any of the States named thereiu. Itis alleged by California, Oregon, and Ne-vada that this act, which they believed was intended at the date of its passage by Congress to be an act for their relief and beuefit and as an equitable statute to be liberally construed, has been found to be an act '' so well and carefully and closely guarded" by restrictions that when construed by those who have been called upon to execute it as to be completely inoperative as an equitable relief measure, and so much so as to amount to a practical denial of justice. • PRESENTATION BY CALIFORNIA, OREGON, AND NEVADA OF '.!.'HEIR STATE WAR CL.A.IMS TO THE UNITED STATES. The aforesaid bill (S. 1673) having become a law .Tune 27 1882 the State war claims of California, Oregon, and Nevada were 'there~fter duly prepared for presentation to the proper authorities of the United 20 CALIFORNIA, OREGON, AND NEV.ADA ST.A.TE WAR CL.A.IMS. States. Statements in relation to these State war claims were pre-pared with great care in every case, those of Oregon having been originally prepared by Hon. R. P. Earhart, secretary of state for Oregon and ex-officio adjutant-general. Those for Nevada were prepared by Hon. I. F. Hallock, controller of Nevada. Those for California were prepared by Hon. John Dunn, controlier, assisted by hi~ deputy, Hon. M. J. O'Reilly, and by Hon. D. I. Oullahan, treasurer, a.nd General George B. Cosby, adjutant-general of California, aided therein by Hon. George Stoneman, governor of California, and bis private secretary, Hon. W. W. Moreland. The State war claims of these three States, accompanied with proper original vouchers and evidence in support thereof, were thereafter duly delivered to Capt. John Mullan, the g.uly appointed agent and special counsel for each of said three States, by whom they were put in abstracts and proper shape and duly presented by him to the Secretary of the Treasury and Secretary of War, as provided for in the act of Congress approved June 27, 1882. DELAY OF THE UNITED STATES IN THE EXAMINATION OF CALIFOR-NIA, OREGON, AND NEV ADA STATE WAR CLAIMS AND THE CAUSES THEREOF. These State war claims, with said vouchers and evidence, so pre-sented to the Secretary of the Treasury and Secretary of War for ex-amination, remained of record una~ted on up to and after August 4, 1886, because, as was stated to Congress by Hon. Robert T. Lincoin, Secretary of War, he required the aid of a board of at least three army officers to assist his Department in such examination, and he requested Congress to make au appropriation of $25,000 to defray the expenses of such examination of the difl:'erent State and Territorial claims presented and to be presented under the act of June 27, 1882. Congress delayed action upon the requests of the Secretary of War until August 4, 1886, on which date acts were passed providing for said board of army offi-cers, as asked for, and also appropriating $10,000 to defray the ex-penses of said examinations (see vol. 24, Stats. at Large, "pages 217 and 249). SECRETARY LINCOLN'S OONSTRUC'.1.1ION OF THIS ACT OF JUNE 27, 1882, FOR THE RELIEF OF NEV ADA, ETC. Prior to any action by the War Department on these State war claims of the States of Oregon, California, and Nevada, and prior to any actions by Congress on the request of the Secretary of War for a board of army officers to examine said claims, a bill was introduced in Oongress by Senator Jones, of Nevada, and referred to the Secretary of War for a report, providing for the payment of certain individual claims of citizens of Nevada on account of Indian hostilities in Nevada in 1860, upon which the Secretary of War reported as follows: W .AR DEPARTMENT, Washington City, January 26, 1884. SlR: In response to eo much of your communication of the 22d ultimo as requests in-. 7, "to authorize the ecreta.ry of the Treasury to dian ar in evada.," I have the honor to invite t of the Third Auditor of the Trea,aury, to whom c d vouch r for expenses in-d estoaidinauppre in~the n n account of her militia in ls ens of her militia. in the CALIPORNI.A, OREGON, AND NEVADA ST.A.TE WAR CLAIMS. 21 'Elko Indian war' of 1878, amounting to $4,654.64, presented under act of Congress approved June 27, 1882 (22 Statutes, 111,112). . . . "These abstracts and vouchers will be sent to your Department for exammat10n and report as soon as they can be stamped, as that statute requires a repo~t from the Se~-retary of War as to the necessity and reasonableness of the expenses. rncurre~. This statute is deemed sufficiently broad enough to embrace all proper claims of said State and Territory of Nevada." · Very respectfully, your obedient servant, ROBERT T. LINCOLN, Hon. S. B. MAXEY, Secretary of War. Of Comrnittee on Military .Affairs, United States Senate. In accordance with this letter the Committee on Military Affairs re- , ported back the bill referred to (S. 657), and asked that it be indefinitely postponed, and because of the explanation made by said committee, as follows, to wit: • It will be observed that it-is deemed by the Department that the act approved June 27, 1882, is sufficiently broad to embrace all proper claims of Nevada, whether as State or Territory. · For convenience of reference the above act accompanies this report, and an exami-nation thereof, and of the construction thereon, satisfies the committee that no addi-tional legislation is necessary. The State of Kansas presented her claim to Secretary Lincoln under this act, which clai.m was by him examined, audited, and allowed for a.lmost exactly the sum that Kansas had actually expended for the use a.nd benefit · of the United Stat€s, and all of which allowance has since been paid to Kansas by the United States, and aggregating·the sum of $322,308.13 (23 U. S. Stats., 474) as allowed and paid to said State by the United States. AFTER OVER FOUR YEARS DEL.A. Y, SUBSEQUENT TO THE PASS.A.GE OF THE ACT OF JUNE 27, 1882, 'l'HE UNITED STATES TAKES UP NEV .ADA'S STA.'fE WAR CLAIM FOR EXAMINATION, WHEN THE VERY FIRST QUES-TION RAISED IS ONE OF JURISDIOTION, AND WHICH IS DEOIDED AG.A.INST NEVADA. . . After the passage of said act of August 4, 1886, the War Department detailed a board of three Army officers under Special Orders No. 232, dated October 6, 1886, to proceed to examine the claims arising under the act of June 27, 1882, and in the manner contemplated and as provided for in Raid acts. The State war claim of the State of Nevada was the first claim examined by said board. This board being in doubt whether, under the terms of said act of J nne 27, 1882, they could allow a re-imbursement to Nevada of the amount by her expended for interest and extra pay to her troops while in the military service of the United States, referred these two questions to the Secretary of War for his decision. On February 8, 1887, after argument was submitted to said Secretary in support of these two elements of Nevada's State war claim against the United States, that officer decided" that after a careful con-sideration of the subject" he was "of opinion that neither the extra pay nor the interest can, under the provisions of the act, be allowed," mean-ing the act of June 27, 1882, and refused the same, as appears from the correspondence following, to wit: DECISION OF THE SECRETARY OF WAR DISALLOWING THE STATE WAR CL.A.IM OF NEVADA FOR INTERES'.l' AND EXTRA PAY TO NEVADA VOLUNTEERS. WAR DEPARTMENT, Washington City, February 8, 1887. Sm: The Department has received your communications of December 31 1886 and January 28, 1887, submitting arguments in the claim of the State of Nev~da u~der . ' 22 CALIFORNIA, ·OREGON, AND NEVADA STATE WAR CLAIMS. the act of June 27, 1882, for re-imbursemen~ of _amounts pai~ by the ~tate ror "extra pay" and for interest. Also, your commumcat10n of the 2d mstant, mclosmg a reso-lution of the senate and assembly of Nevada, requestiug favorable aud early action on said claim. In reply, I have the honor to inform you that after a careful consideration of the subject, I am of opinion that neither the extra pay nor the interest can, under the provisions of the act, be allowed. · Very respectfully, JOHN MULLAN, Esq., WILLIAM C. ENDICOTI, Secretary of War. .A.gent of the State of Nevada, 1101 G Street N. W., City. It will be borne in mind that on January 26, 1884, Secretary Lincoln was of opinion that said act of June 27, 1882, was sufficiently broad to embrace all proper claims of the State of Nevada, and the Committee on Military Affairs, in consequence thereof, reported to the Senate that that committee was satisfied that no additional legislation was neces-sary in regard thereto, while Secretary Endicott, on February 8, 1887, decided that the claims of the States and Territories named in said act for expenditure for interest and extra pay to their troops while in the service of the United States could not be allowed by him under said 00~ . This decision of Secretary Endicott in the case of the State of Nevada, to the effect that " under the provisions of the act of June 27, 1882, he had no jurisdiction to allow interest paid by that State upon the princi-pal by her expended, nor the extra pay made by her to her State troops while they were in the service of the United States," became practically a decision a priori in the case of the State war claims of the State of California, and effectually disposed of these two similar items in the claims of that State. In addition thereto the Secretary of War, on No-vember 8, 1887, upon a statement made to him by the chief of the board of war claims examiners, also decided that he had no jurisdiction to ad-judicate Oregon's State war claim, which claim also contained similar items for interest and extra pay, and thus the ·Secretary's aforesaid deci-sion in the Nevada case also practically disposed of these two similar items in Oregon's claim, so far as his Department was concerned. This fully appears in the letter of the Secretary of War of November 8,1887, to Col. Jame Bicldlr, chief examiner of said board, copy of which letter is hereto attached aud marked Exhibit No. 80, page 119. Oregon's State war claim was in consequence of the foregoing action of the Secretary of War transmitted by the Secretary of War to the Trea ury Department for adjudication on November 9, 1887, under the act of July 27, 1861, but the Third Auditor, on March 10, 1888, disal-lowed the whole of said claim, not allowing a single cent of any por-tion of the total amount o pre ented, which claim aggregated, as here-inb fore et forth, the sum of 390,820.10 (this Oregon war claim being the identical one as herein discu sed by your committee). This disal-lo ance of th Third Auditor wa based upon an alleged want of juris-diction to allow any portion whatsoever of this claim under any exi t-ing la of Oongre , a i t forth in a report, copy of which is hereto tached and mark d Exhibit o. 1, page 120. Or gon' tate ar claim and all matters relating thereto was there-f r tran mitt d to the S cond omptroller of the Treasury, in who e ffi it now r main am tter of record, and who has been reque ted th ag ut and conn I for the tate of Oregon to suspend all action th on for the pre ent. 23 CALIFORNIA, OREGON, AND NEVADA S1'ATE WAR CLAIMS. ADDITIONAL LEGISLATION BY CONGRESS MADE NECESSAR,Y. These proceedings in reference to the State war claim of the State of Oregon had by the War and Treasury Department~, render additio~al legislation by Congress necessary as to Oregon's said State war claim and such as is contemplated by this bill.* Califoruia's State war claim, provided for in this substitute bil! S. 3420, with a.Uthe original vouchers, correspondence, and other evidence pertaining thereto, is now on file in the War Department, in the imme-diate custody of the board of war claim examiners; but that board is without authority or jurisdiction to examine all portions of same under the existing laws of Congress under which it is acting, which fact, together with the foregoing recita,ls, render additional legislation by Congress necessary as to California's State war claims and such as is provided for in this bill S. 3420. The bills, for which S. 3420 is a sub• stitute, were submitted to the Treasury and War Departments. Copies of their views thereon are hereto attachedj and marked Exhibit No. 82, page 123. The Secretary of the Treasury, Hon. C. S. Fairchild, submitted the views of the Third Auditor, to the effect that the Third Auditor did not consider it within the province of bis office to express an opinion or to advise C<1Dgress as to what policy it should pursue in any of these premises. . • The Secretary of War, Hon. W. C. Endicott, submitted the views of . the chiefs .of two of the divisions of his office, to wit, of the board of State and Territorial war claim examiners and of the (Acting) Judge-Advocate-General's office. Attention is called to the fact that· said board of State and Terri-torial war claim examiners, the chief of which favorably recommends the passage of a bill payii 1g these State war claims of 0alifornia, Ore-gon, and Nevada, was createu by Congress to pass judgment upon the State war claims of these States among others arising subsequent to April 15, 1861. This board has had immediate custody for a long time · of an the accounts, papers, and evidence relating to these identical war claims of the States of California, Oregon, and Nevada, and neces-sarily have had great and specific information upon which to base a proper recommendation as to the measures appropriate 'to be taken by Congress ; and in view of such facts the opinion and recommendation of the chief of said board of war claim examiners are entitled to very great consideration, and should be adopted, provided Congress is to be guided by the opinion and recommendation of any other department of the Government in regard to these State war claims of Calif'ornia, Ore-gon, and Nevada. The chief of the board of war claim examiners, addressing the Sec-retary of War, stated as follows : In my opin~on the restrictions ~mposed by existing la:ws a~e not equitable ones to ap• ply to the adJustmcnt of the claims of Oregon a.nu Cahforma, for reason that the cost to those States of organizing and maintaining troops was greater than it was in other sections of the United States, and the prices of labor and material on the Pacific coast under the then existing laws of supply and demand were, of necessity, greatly in excess of the amount allowed and paid by the United States to her army serving in that locality. Senate bill No. :nm includes the Indian war claims of California of elate prior to April 15, 1861, which are unadjusted for want of a statute under which they can be settled, the provisions of the act of June 27, 1882, being limited to claims arising subsequent to April 15, 1861. · ---·-,-:---;---:---;;--;--:;--:--:--::--::----:::--=-=~---=~---- -* The action heretofore had by both the War and Treasury Departments in regard to evada's State war claims, and as set forth in Senate Report No. 1286 Fiftieth Co~gress, first session, renders additional legislation necessary in Nevada's State war clatma. 24 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. '.rhe evidence is ample that the States referred to incurred the expenses for which they claim re-imbursement, and the. bill ( S. 3119) under consideration would afford them ample relief for the class of claims they present. Again, that officer, further addressing the Secretary of War, stated: The fact is, thal; neither the act of 1861 nor that of 1882 is exactly suited to that class of claims presented by Oregon, California, and N6vada. The explanat.ion of this is as follows: These States put troops in the field, or in garrison, to enable the General Government to relieve its regular force from Indian service and to employ it to aid in suppressing the rebellion. 'rhe service of a portion of the State troops of these States was for defense against Indians, w bile some of the force was used against rebels and Indians in New Mexico; so that it is almost impossible to separate the kinds of service performed. In both cases the exigencies for such service arose on acco:unt of the war of the rebellion. From the fact of the withdrawal of the regular Army the duty devolved upon these States to raise troops for the common defense, and it is for expenses incident to such action that re-imbursement is claimed. The Acting Judge-Advocate-General. having cited or referred to a . limited number only of the statutes of California and Oregon enacted by their legislatures subsequent to April 15, 1861, for maintaining the proper military status of those States, and not having made a citation of or a reference to a single statute or resolution passed by tbe legisla-ture of the State of California prior to April 15, 1861, in regard to Cal-ifornia Indian-war claims and obligations, therefore extracts•from or reference to every act and resolution passed by the legislatures of these States subsequent to April 15, 1861, and those of California prior to said date, and which had for their object the perfection of the defenses of and maintenance of a proper military status in those States ruary 19, 1868, copy of which is hereto attacheu and marked Ex-hibit No. 87, pag~ 131. . The want of ample protection in California in 1861, 1862, 1863, 1864 from the violence of hostile Indians therein is set forth in California memorial adopted March 27, 1868, copy of which is hereto attached_ and marked Exllibit No. 88, page 132. The costs incurreu l>y California to replace the arms issued to her by the United States oth in pattern and quality, is set forth in California con-current resolution No. 27, adopted February 3, 1872, copy of which is hereto attached and marked Exhibit No. 89, page 132. 'l'h~ ho~tile attitude of the Indians towards the whites living in the counties m Oregon east of the Cascade Mountains, as late as October 9, 1866, is shown by Oregon house resolution No.11, adopted October 9, 186U, copy of which is hereto attached and marked Exhibit No. 90 page 132. ' Ou March 11, ;872, t~e legislature of California appropriated the sum of $2,000 with which to pay expenses necessarily incurred in 28 CALH'ORNIA, OREGON, AND NEVADA ST.A.TE WAR CLAIMS. suppressing Indian hostilities in Humboldt and Trinity Counties in 1868 and 1869 in an act, copy of which is hereto attached and marked Exhibit No. 91, page 133. WAR ME A.SURES OF CALIFORNIA, OREGON, AND NEVADA, AND NEV .AD.A WHEN A TERRITORY, U,EVIEWED. . In view of the foregoing rPcitals, it is believed that the military war measures taken by California, Oregon, and Nevada during a very im-porant period of the nation's existence, in providing for camp, field, and garrison service, and the instructive preparations made in '' mil-itary encampment of instruction" for further military service inland and on the coast for their volunteers, militia, and home guards, were appropriate and necessary, and effectively secured the common defense for the Pacific coast States and Territories. The present is not the time to dispute the "necessity and propriety" of the expenditures made by said States during said war period. Congress should exercise directly its own constitutional prerogative in cases so important, as the present State war claims of these States are, and, as suggested in the correspondence of the Secretary of the Treasury hereinbefore re-ferred to, it is recommended that Congress itself formulate the policy which in its wisdom, judgment, and discretion should be equitably ex-ercised as to the necessity and propriety of these war expenditures made by California, Oregon, and Nevada for the common defense of the United States dqring a period of war, rather than to substitute there-for the views or opinions of any other Department of the Government, and thereby avoid whatever intention Congress may finally declare in these cases being thereafter refined away by construction or by the possible substitution of a different judgment in regard thereto. The United States should re-imburse California, Oregon, and Nevada the moneys they have actually paid: and should redeem the obligations they have actually assumed to secure the common defense and the per-petuation of the integrity of the Government. OONCL USIONS AND RECOMMENDATIONS. California, Oregon, and Neva transmit a copy of the above preamble and resolutions to our Senators and Representatives in Congress. EXHIBIT No. 2. No. XXI.X.-Cbncurrent resolution.concerning tlte overland mail and telegraph route. [Approved May 17, 1861.] Whereas the daily overland mail is about to be carried and the overland telegraph to be constructed between California and Missouri, over a route traversed by numerous bands of Indians; and Whereas some of them are exhibiting hostile intentions, and said mail and telegraph are liable to interruption from this cau e: Therefore, Be it re olved b,IJ the assembly (the senate concurring), That our Senators in Congress are requ ted to procure from the General Government such military protection as may be necessary to secure said route against Indian hostilities and to afford a safe transit over the same for the United States mails and for all emigrants or passengers traveling said route. ExHIBIT No. 3. No. XVill.-Ooncurrent resolution. [Adopted May 17, l86L) d by tll.6 senate ( the eml>ly oncurring ), That the people of California are devoted to th n ·tution and Union of the United tates, and will not fail in fidelity and 30 CALIFORNIA, OREGON, AND NEVADA STATB WAR CLAIMS. 131 fealty to that Constitution and Union now in the hour of trial and peril. That Califor- ' nia is ready to maintain the rights and honor of the National Government at home and abroad, and at all times to respond to any requisition that may be made upon her ·to defend the Republic against foreign or domestic foes. EXHIBIT NO. 4. [By telegram to farthest point West and thence by Pony Express to California.] WAR DEPARTMENT, July 24, 1861-8.30 p. m. To tlte governor of California: The War Department accepts for three years one regiment of infantry and five com-panies of cavalry to guard the overland mail route from Carson Valley to Salt Lake and Fort Laramie. Colonel Waite will be put in command of department at Salt Lake City. General Sumner·will detail mustering officers to muster in the men. True copy. To JOHN G. DOWNEY, EXHIBIT No. 5. [California State Telegraph Company.] SIMON CAMERON, Secre'tary of War. L. THOMAS, .Adjutant-Gl?,f1,eral. • WASHINGTON, August 14, 1861. Governor of California: Please organize, equip, and have mustered into service at the earliest date possible four regiments of infantry and one regiment of cavalry, to be placed at the disposal of General Sumner. ExHIBIT No. 6. SIMON CAMERON, Secretary of War. WAR DEPARTMENT, Washingtort, D. C., August 15, 1861. To His Excellency, JOHN G. DOWNEY, Governor of State of Oal1fornia, Sacramento City, Cal.: Srn: I have this day forwarded to your address a dispatch by telegraph. and by Pony Express, to the effect that in filling the requisition given you August 14 for five regi-ments you will please make General D. D. Colton, of San Francisco, colonel of a cav-alry regiment, and give him the proper authority to organize as promptly as possible. · Very respectfully, your obedient servant, EXHIBIT No. 7. Procl,amations. SIMON CAMERON, Secretary of War. STATE OF CALIFORNIA, EXECUTI'YE DEPARTMENT, Sacramento, .August 12, 1861. In I!~ISuan~e of a communication from the Secretary of War, dated July 24, A. 'D. 1861, acceptmg for three years one regiment of infantry and five companies of cavalry to guard the overland mail route from Carson Valley to Salt Lake and Fort Laramie" I, John G. Downey, governor of the State of California, do hereby call for volunte~rs 32 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. for the above-mentioned service. The forces will be organized in accordance with the laws and regulations of the United States, and will be mustered into service at such times and places as may be directed by the commanding officer of the United States on this coast. EXHIBIT No. 8. JOHN G. DOWNEY, Governor. STATE OF CALIFORNIA, EXECUTIVE DEPARTMENT, Sacramento, August 23, 1861. Whereas by an additional communication from the Secretary of War, bearing date August 14, A. D. 1861, to the executive of this State directed, the President of the United States has called for four regiments of infantry and one of cavalry, to be placed at the disposal of Brig. Gen. E. V. Sumner, U. S. Army, "organized, equipped, and mustered into service by the State of California, such call being made in pursuance of the act of Congress passed July 19, 1861, entitled 'An act to authorize the employment of volunteers to aid in enforcing the laws and protecting the public property.' " Now, therefore, I, John G. Downey, governor of the State of California and com-mander-in-chief of the militia, etc., of the same, do hereby authorize and call upon the citizens, as many as shall be necei;;sary to fill up the preceding requisition, to immedi-ately form and organize themselves into "volunteer companies" in accordance with the directions and requirements stated in sections 17, 18, and 19 of the statutes of this State, ~ntitled ''An act in relation to the militia of this State,'' approved May 9, 1861. Said companies will be accepted and mustered into service according to the reception, by the adjutant-general of the State, of the certificate of organization mentioned in section 18 of said act, and reported by that officer to the commander-in-chief, the in-fantry companies to consist of any number between eighty-three and one hundred and one, and the cavalry companies of any number between seventy-nine and ninety-five, officers inclusive; the commissioned officers of each company to consist of one captain, one first lieutenant, and one second lieutenant. The commander-in-chief will proceed forthwith to organize the regiments aforesaid out of said companies according to their priority and in conformity to law. While the act of Congress aforesaid requires the "governors of States furnishing volunteers to commission the field, staff, and company officers, requisite," the commander-in-chief will in all cases give preference to the officers elected by the respective companies, pro-vided that they are competent and pass examination before the military board already appointed by the United States officer commanding Pacific Division, San Francisco. Volunteer companies already organized and commissioned are expected to report forthwith to the adjutant-general, tendering their services to meet the requirements of this proclamation. . Companies tendering tl'l.eir services will expressly state whether they are infantry or cavalry. In witness whereof I have set my band and caused the great seal of the State to be affixed. Done at acramento, Cal., this 23d day of August, in the year of our Lord 1861. Attest: JOHN G. DOWNEY, Governor. JOHNSON PRICE, Secretary of State. Under the foregoing proclamations of your excellency calling for trooos for the serv-ice of the United, tat , the r qui ite number of regiments called for, designated as the First, Second, Third, Four h, and Fifth Infantry, California Volunteers, and the First and econd Cavalry, California. Volunteers, have been duly organized and officered as follo~s. • ... • ExmBIT No. 9. The State's continqent. ere m e u n me y t~e ecretary of ·ar for troops for the serv-overn ent, the fi t nng date of July 24, 18611 for one regim t CALU.,ORNIA, OREGON, AND NEVADA STATE WAR-CLAIMS. 33 of infantry and five companies of cavalry, and the other dated August 24, 1861, for fenr regiments of infantry and one regiment of cavalry. The legislature having adjourned without placing any. funds at the disposal of the ex-ecutive to meet such contingency, and the language of these requisitions urging all possible dispatch, I at once issued my proclamation calling out the required force. It entailed much labor upon this department, for which it feels fully compensated by the character of the officers selected and the soldierly bearing and character of the men who compose the rank and :file. The whole contingent as organized is composed of our best citizens-men of character and means from all ranks and punmits of life-and will achieve an honorable fame for our State and render good service to the nation when called into active duty. In organ• izing this force commissions were conferred upon officers in the regular Army of the United States as colonels in order to give efficiency and discipline to our raw recruits. By an order from the War Department I was notified that these officers could not be permitted to retain position in the volunteer service as they were ordered to thescene of hostilities to join their respective regiments. Two of these officers, Colonels Kellogg and Judah, rendered much aid in raising and organizi_ng the.Fourth and Fifth Regiments of Volunteers, ali great expense and trouble to themselves, without being permitted to enjoy the honors or emoluments arising therefrom. The cavalry regiment was raised before Colonel Smith arrived to take command of the volunteers, and bas now charge of the troops of the State along our southern frontier. I would recommend that appropriations be made to compensate the officers mentioned for the personal expenses necessarily incurred by them and the important services they have rendered the State-say $2,500. A large amount of business has been entailed upon the adjutant-general in clerical labor and services attendant upon the extraordinary duty connected with and occasioned by the raising of our contingent; and I would recommend an appropriation of $1,500as aju-t compensation therefor. The militia law of last year is found to work well, and meets the expectation of its advocates. It declares that all necessa.ry expenses arising under its operation shall be defrayed out of the general fund; but the legislature failed to make any appropriation. It is hoped that a small appropriation wiil be made to meet the inconsiderable amounts already audited, as well as the future contingent expenses for the year. Too much im-portance can not be placed upon the organization of our militia, in order that efficiency m_a,y be attained, and that a military spirit may be infused into our citizens. It can not be expected that volunteers will drill and parade without arms. For these reasons I recommended last year a military tax for rent of armories, and the purchase of arms. We should, therefore, have at least a hundred thousand stands of arms distributed among our militia ; instead.of this there are not three thousand, and many of these are of antique style and character, of but little use for modern warfare. EXHIBIT No. 10. Indian ltostilities. The employment · of State troops for the suppression of Indian hostilities has, with one exception, been avoided during my administration, the officers in command of the United S_tates forces on this coast having, when the same was practicable, rendered timely as-sistance when called for by me. In the month of August last I received from the citi-zens of Humboldt County petitions, accompanied by proper and satisfactory affidavits, s~tting forth t~at the lives and_propertyofthe citizens were being sacrificed by hostile In-~hans. I applied repeatedly, m person and by letter, to Brig. Gen. E. V. Sumner, then m command of the United States Army on this coast, and requested him to move forward iroops into the disturbed districts. After some delay he foformed me that he had. no men at_ his disposal for this purpose. This refusal involved the necessity of rendering State aid, and a company of mounted men was called out and remained in service some ninet.y een pursued by the officers having charge of it, and an ap-p~opriation to meet the expenses incurred is recommended. Sixteen thousand dollars will cover the whole outlay for subsistence, pay of men, and horses, with transportation, S.Ex.2-9 34 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. This amount will, as it were, be only advanced to the General Government, as it will be promptly recognized; and when such claims are so recognized, they by law become proper offsets against our quota of the Federal tax to an equal amount. EXHIBIT. No. 11. STATE OF CALIFORNIA, County of Los Angeles, ss: John G. Downey, upon being first duly sworn on oath, deposes and says: That he is the identical John G. Downey who was governor of the State of California on August 20, 1861, and on September 30, 1861; that he has read the papers attached hereto and made part hereof, and marked A and B respectively, and which papers purport to be copies of the orders, instructions, or directions by him issued as governor of California on the two above-named dates, and that to the best of his recollection and belief said two papers A and B are full, true, and correct copies of the original by him issued to Brig. Gen. James T. Ryan on the two atoresaid dates; that he is advised by Capt. John Mullan, now agent and counsel for the State of California, that diligent search has been made among the archives of the State of California in order to find either the original or copy of said two orders, and that the originals can not now be found, nor any copy thereof except those marked herein as A and B respectively; faat he makes this affidavit at the request of Capt. John Mullan, agent and counsel for the State of California, in order to perfect and complete the proof required,by the proper officers of the United States to support and establish the claim of the State of California against the United States to be re-im-bursed the moneys paid by her on account of the issuance and execution of the two aforesaid orders; that be has no interest in the subject-matter of this claim against the United States. -JOHN G. DOWNEY. Witness to signature: 1. P. S. O'REILLY. 2. R. A. BROWN. Sworn and subscribed before me this 15th day of June, A. D. 1888. [BEAL,] T. E. ROWAN, · Notary Public. [Inclosure with Exhibit No. 11.) A. ST.ATE OJI' CALIFORNIA, EXECUTIVE DEPARTMENT, Saeramento, August 20, 1861. Sm: Information having been received at this office from sources entitled to credit of repeated outrages having been committed by hostile Indians upon the settlers in the vicinity of Eel River, the same having been communicated to General E. V. Sumner, com-manding Pacific Division U.S. Army, with request that he might furnish the desired re-lief. It not being convenient for said general commanding to render the aid required, and in order to protect the lives and property of the citizens of Humboldt County, you will at once proceed to enroll and muster into service, for the space of three months, forty mounted volunteers to be used in subduing the Indians committing said depreda-tions. . In organizing this company you will follow as strictly as possible the military law of the State and be careful in protecting the lives and property of iihe citizens; that no in-humanity be practiced towards the Indians: tha,t only those in actual hostility must be molested, and in no case must the lives of women and children be taken, and a departure from the.se instructions will subject the parties offending to severe penalties and repri-mand. Yon will r por~ to this office as soon as the company is organized1 sending copy of mu ·ter-roll and li t of officers, that the latter may be commissioned. Very respectfully, etc., J T. RYA , JOHN G. DOWNEY, Govern<>r. Brigadier-G neral, Sixth Divi ion, 0 . .bf. . . • 18. Order of Gov. -.r. G. Downey. Calling against the ndian , Humboldt County, August 20, 1861. t laima, ou of A mbly, 6th F bruary, 1 62. W. B. CALIFORNIA, OHEGON, AND NEVADA S'fA1'E WAR CLAIMS. 35 [Inclosure wmi Exhibit No. 11.] B. STATE OF CALIFORNIA, EXECUTIVE DEPARTMENT, Sacramento, September 30, 1861. G- 1,;N"ERAJ~: l<.epresentations having been made to me that the force heretofo!e~alled out by me for the suppression of Indiau hostilities in the county of H~mboldt, 1s made-quate to perform the required service; and that addi~ioual ~epredation_s have occu!red since the force was called out, you are hereby authoriz~d to mcrease s~1~ ~orce to s1~ty men and to instruct them to extend their field of operations over the adJommg counties, so ~ to effectually terminate the de.predations in that portion of the State. Very respectfully, your obedient servant, Brig. Gen. JAMES G. RYAN, San Francisco. JOHN G. DOWNEY, Governor. (Indorsements:) Voucher. S. B. No. 18. Order of Gov. J. G. Downey. Calling for an additional number of troops against the Indians, Humboldt County, September 30, 1861. Filed before the committee on claims, House of Assembly, 6th i'ebruary, 1862. W. B. May, clerk. EXHIBIT NO. 12. [Senate Ex. Doc. NQ.193, Fiftieth Congress, first session.] Messtige from tlte President of the United States, transmitting a report of the Secretary of State relative to the subject of State defenses in 1861. [June 14, 1888.-Read and laid upon the table and orde1·ed to be printed.] 1'0 tlte Senate of the United States: I transmit herewith, in response to a resolution of the Senate of the 11th instant, a re-port of the Secretary of State, to whom -said resolution was addressed, together with a copy of the letter addressed by William H. Seward, Secretary of State, to the governors of certain States of the Union, under date of October 14, 1861, as described in said reso- . lution. EXECUTIVE MANSION, Washington, June 14, 1888. [Inclosure with Exhibit No.12.] The PRESIDENT: GROVER CLEVELAND. The undersigned, Secretary of State of the United States, having received a resolution , ofthe Senate of the United States, adopted on the 11th day of June instant, in the fol-lowing words: , '' Resolved, That the Secretary of State be, and be is hereby, requested to furnish the Senate with a copy of the circular letter of the late Hon. William H. Seward, Secretary of ~tate, addressed, by direction of President Lincoln, under date of October 14, 1861, to the governors of the several States, inviting their consideration to the subject of the improvement and perfection of the defenses of said States, for the general defense, with the request that the subject-matter of said letter be submitted to the consideration of the legislatures of the respective States when they should assemble next after the date of said letter;" bas the honor to lay before the President a copy of the letter described, to the end that, if in the opinion of the President not incompatible with the public interests, it may be communicated to the Senate in response to the aforesaid resolution. Respectfully submitted. DEPARTMENT OF STATE, Washington, June 14, 1888. [lnclosure with Exhibit No. 12.) T. F. BAYARD. DEPARTMENT OF STATE, Washington, October 14, 1861. Srn: The present insurrection had not even revealed itself in arms when disloyal citi-zens hastened to foreign count.ties to invoke their intervention for the overthrow of the 36 CALIFORNIA, OREGON, AND NEV ADA STATE WAR CLAIMS. Government and the destruction of the Federal Union. These agents are known to have made their appeals to some of the more important states without success. It is not likely, however, that they will remain content with such refusals. Indeed, it is understood that they are industriously endeavoring to accomplish their disloyal pur-poses by degrees and by indirection. Taking advantage of the embarrassments of agri-culture, manufacture, and commerce in foreign countries, resulting from the insurrec-tion they have inaugurated at home, they seek to involv~ our common country in controversies with states with which every public interest and every interest of mankind require that it shall remain in relations of peace, amity, and friendship. I am able to state for your satisfaction that the prospect of any" such disturbance is now less serious than it has been at any previous period during the course of the insurrection. It is nevertheless necessary now, as it bas hitherto been, to take every precaution that is possible to avert the evils of foreign war to be superinduced upon those of civil com-motion which we are endeavoring to cure. One of the most obvious of such precautions is, that our ports and harbors on the seas and lakes should be put in a condition of com-plete defense, for any nation may be said to voluntarily incur danger in tempestuous season~ when it fails to show that it has sheltered itself on every side from which the storm might possibly come. The measures which the Executive can adopt in this emergency are such only as Congress ]ias sanctioned, and for which it has provided. The President is putting forth the most diligent efforts to execute these measures, and we have the great satisfaction of seeing that these efforts, seconded by the favor, aid, and support of a loyal, patriotic, and self-sacrificing people, are rapidly bringing the military and naval forces of the United States into the highest state of efficiency. But Congress was chiefly absorbed during its recent extra session with those measures, and did not provide as amply as could be wished for the fortification of our sea and lake coasts. In previous wars loyal States have applied themselves by independent and separate activity to support and aid the Federal Government in its arduous responsibilities. The same disposition has been manifested in a degree eminently honorable by all the loyal -States during the present insurrecpion. In view of this fact, and relying upon the increase and continuance of the same disposition on the part of the loyal States, the President has directed me to invite your consideration to the subject of the improvement and perfection of the defenses of the State over which you preside, and to ask you to submit the subject tot.be consid-eration of the legislature when it shall have assembled. Such proceedings by the State would require only a temporary use of its means. The expenditures ought to be made the subject of conference with the Federal author-ities. Being thus made with the concurrence of the Government for general defense, there is every reason to believe that Congress would sanction what the State should do, and would provide for its reimbursement. Should these suggestions be accepted, the President will direct proper agents of the Federal Government to confer with you, and to superintend, direct, and condud the prosecution of the system of defense of your State. I have the honor to be, sir, your obedient servant, His Excellency THOMAS H. HICKS, Governor of the St,aJ,e of Maryl,and. WILLIAM H. SEWARD. (The ~e to the governors of Maine, New Hampshire, Massachusetts, Rhode Islan·d, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Ohio, Illinois, Michigan, Wisconsin, Minnesota, California, and Oregon.) • ExmBIT No. 13. STATE OF CALIFORNIA, Ex:ECUTIVE DEPARTMENT, Sacramento, November 12. 1861. IR: I have the honor to acknowledge the receipt of your communication oftbe 14th ultimo, _inviting my atte_ntion to the subject of perfecting the defenses of this State, and requ ting me t-0 submit the subject to the consideration of the legislature when it ball mbled. The requ t shall be faithfully complied with, and the subject will un~ ubtooly ~mmand, to the extent its magnitude requires, the attention of the next leg1 lature, which .conven on the first fo~day of January, 1862. At this time our de-f. ar holly mad.equate to the protection of the coast and interior of California. Th 1 e _of o!ll' acific inter to the Union will justify all the outlay necessary to . o~ r h ·1r 1zure and appropriation by foreign powers impos.sible. For it is not deal-fl 10 h rbol t affirm tbatthe pr nt and prospective commerci1'1 value of our P"'" CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. 37 cific empire renders its security as important as one-half the Union; and I may add that the topography ofthc cou1;1try is s°:ch that its safety can be secured bey?nd3'.llcon-tingencies against the attack of any military power that can be brought agamst it by a complete system of coast defenses. The interior will require but little outlay to assure its protection. I have the honor to be, with great respect, your obedient servant, JOHN G. DOWNEY, Governor of Oalif ornia. His Excellency WILLIAM H. SEWARD, I Secretary of State, Washington City EXHIBIT No. 14. CALIFORNIA STATE TELEGRAPH COMPANY, Washington, November 18, 1861. To His Excellency Governor DOWNEY: I have the honor to request that you forward on the 10th, 20th, and last day of each month to the Adjutant-General of the Army, for the information of this Department, a full report of the .condition of the volunteer recruiting service in your State, setting forth the number of complete recruits for duty, the number nearly completed, the number in process of organization. The names of the commanders of the arm of the service will be specified for each regiment. You are further desired to comply with any request from the Adjutant-General of the Army regarding the movements of troops from your State to a~my in the field, and to regard the same as co~ing from the Secretary of War. EXHIBIT NO. 15. SIMON CAMERO]S', Secretary of War. HEADQUARTERS DEPARTMENT OF PACIFIC, San Francisco, January 11, 1862. SIR: In view of the possibilities of our becoming engaged in a war with a foreign nation, I have called on Colonel De Russy, chief engineer of the United States Army on this coast, to prepare and submit to these headquarters a plan for defensive field-works to guard the approaches by land to this city. As soon as Colonel De Russy com-pletes bis reconnaissances and fixes upon the points for the execution of the works, I shall take great pleasure in submitting the whole su~ject to the con!,ideration of your excellency. In case of a war with a maritime nation the immediate attention of the enemy would most certainly be directed to this city, the great entrepot of our posses-sions on the Pacific coast. · 'l'o prevent the ingress of ships of war we have the forts at Fort Point and Alctatraz ' Island with 140 heavy guns now in position. Batteries can be readily thrown up and with such naval force as can be concentrated in the harbor it is believed that this' city would be .safe. The General Government has but a small amount of funds at present available for defensive works on this coast; but I apprehend 'no embarrassment on this account, not for a moment doubting that the loyal and Union-loving people of Califor-nia will most cheerfully respond to any call which may be made on them whether for men or money, to defend their State from foes without or traitors within. ' With great respect, I have the honor to be Your excellency's most obedient servant, G. WRIGH1', Brigadier-General, U. S. Army, commanding. His Excellency LELAND STANFORD, Govern<»· of California. LELAND STANFORD, Governor of California: EXHIBIT No. 16. CA.LIFORNIA STATE TELEGRAPH COMP ANY Washington, April 2, 1862-12.30 p. m. The present aspect of our foreign relations is pacific, but the Pre~ident remains of the opinion, heretofore so often expressed, that while this civil war actually continues may 38 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. foreign aggressions. No important port or portion of the United State1 ought to be left exposed. One or two iron-clad steamers at' San Francisco would assure its· safety at small expense. W: H. SEWARD. EXHIBIT No. 17. HEADQUARTERS DEPARTMENT OF TEXAS, · Galveston, November 25, 1861. General s. CoOPER, Adjutant and Inspector General, G. S. A., Richmond, Va.: SIR: I have the honor to inclose herewith, for the information of the Secretary of War, a communicationfromLieut. Col. JohnR.Baylor, FirstRegimentTexasMounted Rifles, informing thatCalifornia is ontheeve ofarevolution, andrecommendingthat the South-erners in that State be induced to join the Confederate States Army. I have the honor to be, Very respectfully, your obedient servant, Maj. S. B. DAVIS: P •. 0. HEBERT, Brigadier-General, P. 4., Commanding Department of Texas. [Inclosure with Exhibit No. 17.1 HEADQUARTERS, Do~A. ANA, ARIZ., November 2, 1861. Sm: I beg to call your attention to some matter of information that may be of service to the Government at this time. California is on the eve of a revolution. There are many Southern men there who would cheerfully join us if they could get to us, and they could come wen armed and mounted. I would ask permission to get all such men as choose to join us, and would further ask that some arrangement for the purchase of horses in California be made. I could now buy the best of horses there for less than $50 per head, and there are many Southern men who would sell them for Confederate bonds. Another thing I take the liberty of suggesting is, that a force be placed in western Ari-zona, to watch the landing of United States troops at Guaymas, thatthey may not pass through Sonora to invade us. A party of Californians have just arrived, and report that there are no troops on the road at this time, but that the United States Government was trying to raise them for the purpose of invasion, and I amreliablyinformed that the 'overnment of Mexico has sent orders to the governor of Sonora to allow the pas..~ge of Unit,ed States troops through that State, and agents are in Sonora buying corn and sup-pli for United States troops. I have thought proper t.o furnish yon with this informa-tion and 1 ave you to act upon it. R Rpectfnlly, Col. JAM H. CARLETON, JOHN R. BA. YLOR, Lieutenant-O-Olonel, O<>mmanding T. Jf. R. [Inclosure with Exhibit No. 17.J HEADQUAR'I;ERS DEPARTMENT OF THK PACIFIC, San Francisco, Oal., January 31, 1862. Colonel Kr t Regiment of Infantry, California Volunteers: · · to the general-in-chief to organize an expedition under r own regiment, the First Cavalry Regiment, and a light rn frontier of this State, was immediately approved at e expedition you are fully aware of-the recapture of w xico, driving the rebel forces out of that country the outhern mail route. Every exertion has been and ur command with everything necessary to insure sue-unprecedented continuance of the rain, which made it ons to move, an advance could have been made before Company , Third .Artillery, commanded by First Pr iclio, and will be sent to you as oon as the road f the v lry and seven compani of the Fifth Infantty CALIFORN1A, OREGON, AND NEV.A.DA STATE WAR CL.A.IMS. 39 have a 1ready been sent to your district. The remainder of the Fifth will be sent down soon. I desire that you dispose of these troops in the manner you may deem best calculated to preserve the peace and quiet of the district. When you finally advance, t:'Ie ·com-mand of the dish.rict of sou-them California will be devolved upon Colonel Bowie or the senior officer then present. I do not consider it necessary to be more minute in regard to the object to be accom-plished or the mode of effecting it. With the first you are well acquainted, and as for the second, I take great ple~sure in assuring you that I confide everything to your well-known sk;•n, zeal, and gallantry. I shall take occasion to write to you again before you commence your march and give you all the information possible. Wishing you success, I am, colonel, yours, most truly, G. WRIGHT, Brigadier-General, U.S. Army, Commanding. EXHIBIT No, 18. California bas nobly and wisely pronounced in favor of the caus.e of the people. Let her prove her devotion to the Union and to civil liberty by doing all in her power to maintain both. Let her part of the national tax be cheerfully assumed and provision be made for its payment out of the State treasury. Every one of us should feel that we are but guardians, holding our lives and our fortunes in trust for the protection of the Government, around which cluster the anxious hopes and fears of millions who have grown with its growth and strengthened with its strength. Our Government is emphatically one of the people, possessing the power of the people for their protection and defense, but powerless for their oppression. It is not only the best, but it is the strongest form of government the world has ever known. Let it re-main unchanged. The citizens of California are by birth the representatives of ali parts·of the Union, and are naturally imbued with more or less oflocal sympathies. Let us be as tolerant and charitable of opinion as possible, but none should ever for-get that California is one of the United States; that she is loyal to the Union; that her citizens have quite recently unmistakably declared their devotion tQ our national unity, . their recognition of the supremacy of the National Government, and their determina-tion to maintain both inviolate. , Every citizen of Cal~fornia must remember his duty, and, remembering, discharge it faithfully. His fellow-~itizens are now in the field, armed against traitors and treason and for the preservation of the Union and the National Government. The whole powe~ of the State should, if necessary, be wielded to encourage, support, and sustain these patriotic citizen,; and their compatriots. Let treason meet a just and speedy punish-ment, nnd may we soon, as I doubt not we shall, see peace restored to our beloved,, Union, our institutions more firmly implanted than ever, and sustained by a national sentiment that shall pervade every section of our country. The new administration enters upon the discharge of its duties at a momentous period of our nation's history. -I confidently trust there will be concert of action in all the departments of our State government to strengthen the arm of the Federal power, and also in whatever will tend to advance the interest of our State. EXHIBIT No. 19. No. XXIII.-Concurrent Resolution. [Adopted Februry 6, 1862.] Resolved b11 the senate, t~e assembly con_curr~n,q,_ That the committee on military affairs be, and they are hereby, mstructed to mqmre mtoandreporttotheirrespective houses what additional sea-coast and harbor fortifications, if any, are necessary for the prope; a~d complet~ d~fense of the State, and to make recommendations in connection there-with, that will rnsure the speedy and efficient constructioQ of any batteries that it may be deemed necessary for the State to erect. 40 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. EXHIBIT No. 20. No. XXIV.-Ooncurrent Resolut-ion. [Adopted February 24, 1862. J Resolved by the senate, tn.e assembly concurring, That the board of war examiners, con-sisting of the adjutant-general, treasurer, and controller of state be, and are hereby requested to communicate to this legislature as soon as possible the proceedings of said board, and all facts showing the condition of claims for services in the Indian wars of this State, so far as those matters have been under the control of said beard. EXHIBIT No. 21. No. XXXVI.-Concurrent .Resolution. [Adopted February 25, 1862.] Resolved by the senate, the assembly concurring, That the military committees of the two houses, acting jointly, inquire into the present condition of the militia of this State, and, if deemed necessary, report such amendments to the present law as will adapt the system to the exigencies of the present crisis in the affairs of our country. EXHIBIT No. 22. SEO. 43. The commander-in-chief shall order a public parade of all the organized mili-tia of the State on at least two days of each year; such parades to be held within the limits of the brigade to which such troops respectively belong; and such public parades shall be reviewed by the commander-in-chief, or, in his absence, by the major-general, or by the officer of the brigade of the highest rank present. Immediately after such troops have been reviewed, they shall be inspected by the inspector-general, or, in bis absence, by .the division or brigade inspector, and such inspecting officer, after a minute inspection of dress and military bearing of the field officers and commissioned staff, and the officers of companies, and arms, accouterments and dress of each soldier, will report the result of such inspection to his comm.anding officer: P·roviaed, That in the city and county of San Faancisoo the organized militia shall parade at lea.st six times during the year; two parades as hereinbefore provided, two by regiments or battaliolts, and two parades by company, one of which company parades shall be for target practice, the re-sult of which target practice shall be reported to the commanding officer of the brigade: And provided further, That upon occasions of reception, or upon the celebration of any event of public importance, the commanding officer of the brigade shall have authority to order out the organized militia, to join such parade, and the parade so ordered is hereby con tita.ted a. legal parade: .And provided furtlier, That E¾lCh and every company of the organized militia of the city and county of San Francisco shall aesemble at least once in each week for military instruction. In other parts of the State, such companies shall mble at least once a month for such instruction, and all members who absent themselves from such meetings for instruction, daring four consecutive meetings, unless properly excused by the commanding officer of such company, or through absence from the county, or bodily disability, shall be debarred from the exemption of jury duty and poll and road t.ax, nd subject to expulsion from their company. * * * * * * * SE . 9. Section forty-three of the above recited a.ct is hereby amended so as to read as follows: • . tion 4 . he commander-in- hief shall order a. camp of military instruction, to nt.mue for ten . ya a me ntml point in this State, in the month of April or May f :b Y r, h h ha be ttend by 11 of the commissioned officers non-comm.is-. m , d non- mmi ion of the militia of this tate the ~me to be com-a by be m · r•; 1, or, in hi ence, by the senior brigadier-general pretJ-Th mm n er-1n-chtef h U l order, annually, an encampment, t.o continue re ha d , of militia of this tate, to be held in the month-r of ·thin the limit.a of the brigade to which such ' CALIFORNIA, OREGON, AND NEV.A.DA. STATE WAR CLAIMS. 41 troops respectively belong; the troops attending each camp of instruction and State en-campment shall be deemed to be in active service, and shall be reviewed by the com-mander-in-chief, and in addition to such inspections as may be ordered by the officer in command, shall be inspected by the inspector-general of the State! on the second and last days of such camp of instruction and encampment: Provided, That in the city and county of San Francisco, the organized militia shall parade at least four times during the year: once by brigade, twice by regiments or battalions, and once by company, which last shall be for target practice; the result of such target practice shall be reported to the com-manding officer of the brigade; And provided further, That upon occasions of reception, or upon the celebration of any event of public importance, the commanding officer of the brigade shall have authority to order out the organized militia to join such parade, and the parade so ordered is hereby constituted a legal parade: Provided,furtlier, That each and every company of the organized militia of thecity and countyofSanFranciscoshall assemble at least once in each week for military instruction. In other parts of the State such companies shall assemble at least once a month for such instruction, and all mem-bers who absent themselves from such meetings for instruction during three consecutive meetings, unless excused by the commanding officer of such company, shall be debarred from the exemption of jury duty, and poll and road tax, and subject to expulsion from their company: Provided, At any other legal parade, that any officer, non-commissioned officer, or private who shall neglect to attend a camp of instruction, or military encamp-ment, as above provided, when legally required to do so, shall be subject toa fine of three dollars for each day's absence from such camp of instruction or military encampment, unless excused in consequence of sickness or absence from the State; such fines may be sued for and recovered in the name of the people, before itny justice of the peace of the township in which such delinquent resides. [Exhibit No. 22-Continued.] CHAP. CCCLIII.-An act supplementary to an act entitled An act amendatory of and sup-plementary to an act entitled .d n act in relation to the Militia of this State, approved April twenty-fourth, one thousand eight hundred ·and sixty--tuo, approved .tl.pril twenty-fifth, one thousand eight hundred and sixty-th1·ee. · [Approved April 4, 1864.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. It shall not be necessary for the commander-in-chief to order the en-campment of military instruction or the encampment of the organized militia of this State, as required by the provisions of the act to which this is supplementary, unless in his discretion the same be necessary. SEC. 2. This act shall take effect immediately. Exnm1T No. 23. Encampments and camps of instruction. In relation to these subjects I can not do better than to call your attention to rec-ommendations in my former reports relative to an 11 ual brigade encampments of the or-ganized militia of this State, and to camps of instruction, to refer vour excellency to correspondence upon the subject between Lieut. J. L. Browne, of the Auburn Greys -and myself, which is herewith annexed: ' AUBURN, PLACER COUNTY, Hon. J. G. DOWNEY: September 22, 1861. Sm: Mr. Bullock and myself called at your office one day last week, wishing to have some conversation with you relative to a camp of instruction ' for the benefit of the volunteer militia and such other patriotic citizens of the State as would were they sati_sfied of their compe~e~cy,. e_nlist in the service of their country. ' · Ltke many other patri~trn c~t1ze1;1s yo~ are undoubt~dly somewh!l't disappointed at the backwardne_s~ ~f Cahformans m fillmg up the various compames and regiments now under requ1S1t_wn .. From my own observation I am satisfied that the principal cause c~n _be exp1amed m a very few words, and in doing so I do not design to reflect on patriotic men, but to assert a general reason . . Man;r of the me~ who ~vere in a situation to enable them to do so, on the requisi-tion bewg macle, immediately opened recruiting stations and formed their plans to 42 CALIFORNIA., OREGON, AND NEVADA STATE WAR CLAIM . fill up companies, were men in whom the community in general had not much confi-dence; some would doubt their competency, others their fitness, more, their known lack of experience or military educa~ion of any kind. Consequently, after picking up the floating population, w horn any one could enlist, they find that their eff'orta have come to ~ stand; and when they appeal to that part of the community who are fixed and have something to leave, their work is slow, and the closing up of their work does not keep pace with the promise of the commencement. In various and many instances, such men, starting companies in various localities or communities, deter others who have first to look to their business matters and satisfy their own minds that the call of their count-xy demands the sacrifices necessary for them to make to give up their occupations and enlist for their country's sake. 'fhese men, coming slower to the conclusion, would find the field already occupied, and could easily per-suade themselves that the time for them was not yet. In every case such men would have filled up companies and called around them a reliable and substantial class of the community much quicker than mere adventurers can, and the reput~tion of the State be increased in a proportionate ratio. Another thing which I feel has kept many good men from the field at this time, is their doubt of passing the necessary examination before the military board, even after they had abandoned their business or lucrative situations and gone to the ex-pense and trouble of filling up companies. I know many who hesitate thus to lose good business and valuable situatious for the risk and mortification of being finally thrown out. They would and could find time to spend weeks or months in a camp of instruction, from which they could go with a confidenoe and knowledge of what would be required of them. They would go out in the confidence that should they succeed in forming companies, and by their action be placed in responsible po1:1itions, they possessed the requisite knowledge to perform.their duties in a creditable man-ner; and in case of another requisition, companies would be formed- more expedi-tiously and more to the credit .and honor of the State than at present. The present movement in almost every town in the State to form companies of home guards is proof of this. There is not at present a prospective or~anization of home guards but would furnish more or less candidates for instruction 1f the facility was extended to them· and then men returning to their homes, imbued with the proper military knowledge and confidence, wou]d impart more or less of it to their organizations, and thus would be accomplished just the result sought. to the great honor and reputation of the State-"a thorough and correct organization of the volunteer militia of the State." Accompanying this, I give a rough and crude outline of my ideas of such a camp. No doubt those experienced would find but little difficulty in maturing a plan. This fall the people of Piacer County deemed me more fit to stay at home than rep-resent them in the legislature; but when I am satisfied the country needs my services I shall not hesitate, and I will endeavor to be prepared. Respectfully, yours, [Exhibit No. 28-Contfnued.J Mem01·andum-Oamp of instruotwn. J. L. BROWNE. 'l'hat there be established at some suitable place, under competent instructors, an encampment, to be termed '• A camp of' inRtru ction," for the practice and instruction of such ;pa.rt of the volunteer militia of the State as may de ire it; where ~kel~ton com pa.mes, or such members of the various volunteer and home-guard orgamzat1on as may be detailed by the sevaral companies with the advice and consent of the comma~der-in-chief, shall be put on a course of drill and instruction, by compani~ and regiment , and all the details of the camp necessary to be known by officers m active service. Parties so detailed, and availing themselves of the benefits of this in-struction, pledging them elves to promptly respond to any requisition that may be made on the tate. Those who acquit themselves to the satisfaction of the com-mandant, to receive from the commander-in-chief or adjntant-general proper cer-tificat of competency. · [Exhibit No. 23--Contfnued,] STA.TE Oll' CALIFORNIA, HEADQUARTERS MILITIA, OFFICE ADJUTANT-GE IBRAL, Sacramento, October 9, 1861. he 2'2d ulti o bis excell ncv the commander-in-chi f, ity of mp of milit ry in tmction bas ju t been . I full on in the pr mi 1, id down and in your lt. The i a d id ratum for which I h v bet,n p t, ha. u Uy called the attention of our legi la-t. I hav commend annual encampm nts of our OALiFORNtA, OREGON, AND NEVADA STATE WAR CLAIMS. 43 militia, ancl attempted to set forth some of the benefits to be derived therefrom. I have shown, by actual returns, that out _of the 25,000, the estimate of_ our losses _in the Mexican war, only 5,000 actually felf m battle, and upon the auth~mty of official papers of the Mexican Govemment, out of 50,000 lost only 10,00~ fell m battle; thus proving that, even in one of tbe·most equable and temperate climates on the globe, and in the absence of any devastating epidl'lmic, the most frightful cause of disease and death, in both armies, arose from a want of know ledge of camp duties. The army troops, being under regular and systematic discipline, protected by a knowledge of the economy of camp life, became gradually inured to the absence of conventional com-forts, and are prepared to do good service in the field, and retain health. On the other / hand, the ranks of the volunteers engaged in that war, although they had the same equipage, were greatly thinned by fell disease before they had an opportunity of con-flict with the opposing foe. What was to the regular troops only a change of habita-tion, simply requiring care and attention, was to the other a fruitful source of distress and inconvenience. Cleanliness, a suitable health police, and a thousand matterl:i of good order, essential to the preservation of health, are the result of mere theory, but must be acquired by experience in service. Take a citizen'from his fireside and place him in the active field, without previous instruction, and he will make a sad contrast with the well-disciplined soldier. Take a citizen soldier, and accustom him, by an easy and pleasing transition, to the duties on the field, and, should bis services be sud-denly required in a more extended military sphere, his experience wiU enable him to contend with exposure and hardship, which otherwise would operate as a serious drawback. Let us, then, habituate our citizen soldiers, by a system of inetruction, to their du-ties in this respect, and give them an anticipation of, and, to a great extent, a safe-guard against the vicissitudes of actual service, and the. result must be highly bene-ficial. . . Look at many of the volunteers as they returned from the battle-fields of Mexico, ( men, for the most part, in the very prime of life) with emaciated forms and shatttered cons tit ntions, borne down under the influence ofan inexorable conquerer, and know, ~t t be same time, that they unflinchingly and fearlessly encountered all the dangers which af!sailecl them, ancl say if this is not an appeal to our sympathies, and if it does not -add to the testimony that lack of experience and a knowledge of the duties of camp , life have greatly contril.mtecl to bring about this result f If, then, such are the results of onr experience in warfare, can we not be taught by that experience lessons of real utility, and make an effort to remove at once this most fruitful of all sources of the casualties of war, by fitting our officers, at least, or those who may be called upon to command, for service, by actual duties in camp? If these camps of instruction could be established under proper auspices, the amount of benefit that would arise therefrom cannot be computed. But I regret to say, that no provision has been made to pay any portion of the expenses which would be incurred, and unless the means are at hand, or can be derived from other than the 8tn.te sources, the matter will have to be deferred until the meeting of our legislature. The commander-in-chief will unite with me in the proper recommendation to that boIT, Aesistant Adjutant-General. G. WRIGHT, Brigadier-General of Army. CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. 45 EXHIBIT No. 27. HEADQUARTERS DEPARTMENT OF 1'HE PACIFIC, San Francisco, January 21, 1863. flis Excellency LI<~LAND STANFORD, Governor of Calijornia, Sam·amento: Sm: After a careful consideration of the Indian difficulties in the district of Hum-lJoldt, comprising the northwestern counties of this State, and deeming it for the best interests of the Government 1 bat volunteer troops raised within the district should be employed against the hostile Indians, I have, by virtue of authority vested in me by the War Department, respectfully to request that your excellency may be pleased to organize within saicl district four companies of infantry to be mustered into the service of t,he United States. • My design is to retain three companies in service only so long as our difficulties in the district muy reuder necestary. Should your excellency respond favorably to this request, I wm desiguate an officer of the regular Army to muster in the tlompa-nies at such points as may be convenient for their organization. Each com puny will consist, of one captain, one first lieutenant, one second lieuten-ant, four sergeants, eight corporals, two musicians and sixty-four to eighty privates. Very respectfully, I have the honor to be, your excellency's obedient servant, GEO. WRIGHT, Brigadier-General of ..A.rmy. P. EXHIBIT No. 28 . . HEADQUARTERS DEPARTMENT OF THE PACIFIC, Sacramento, February 5, 1863. Sm: Having received authority from the Secretary of War, under date of Decem-ber 2, 1862, to raise in this State a regiment of infantry and seven companies of cav-alry, and at a later date authority from the same source to raise four companies of native r.availry, which author.ity I have prevh;usly communicated to your excellency, I have to request that the troops called for may be organized and officered as soon as praclicable,· when an officer of the regular Army 'Will be appointed to muster them into service. With great respecb, I have tho honor to be, your excellency's obedient servant, G. WRIGHT, Brigadier-General U. S • ..A.rmy. His Excellency LELAND STANFORD, Governor of California, Sacramento. EXHIBIT No. 29. Proclamation. EXECUTIVE DEPARTMENT, Sacramento, February 5, 1863. Whereas I have this day received a requisition from Brig.-Gen. George Wright, commanding the Department of the Pacific of the U. S. Army (the same having \)een made by the authority of the War Department), for one regiment of infantry additional, and seven companies of cavalry to fill the First Cavalry to t1le maximum standard of a regiment of cavalry; also, four companies of native California Cavalry, all to serve for a period of three years, unless sooner discharged the service, to aid in the enforcement of the laws and the suppression of insurrection: Therefore, the fol-lowing ia promulgated: The plan of the organization of the above force will be as follows: The field, staff, and lino officers required will lle commissioned by the governor. One-third ot: the company officers to be raised under this requisition will be com-missioned at tlrn commencement of the organization of the regiment of infantry and the additional companies and battalion of cavalry, and the remainder when the inter-ests of ~he service may require. The additional regiment of infantry will be denominated the Sixth Infantry Cali-fornia Volunteers, 46 CALIFORNIA, OREGON, 3.ND NEVADA STATE WAR CLAUIS. . The seven cavalry companies first mentioned will be attached to the First Oavalrf Californfa Volunteers. The four companies of native cavalry will be organized as a battalion, and be deaig-nated as the First Battalion Native California Cavalry. The minimum and maximum strength of a regiment of infantry and of a company of infantry and cavalry is hereunto appended. Now, therefore, I, Leland Stanford, governor of the State of California, do hereby authorize and call upon citizens of this State, as many as shall be necessary to fill up the preceding requisition, to immediately organize themselves into companies ae required hereby. In witness whereof I have set my hand and caused the great seal of the State to be affixed. Done at Sacramento, California, this fifth day of February, in the year of our Lord one thousand eight hundred and sixty-three. · [SEAL.] LELAND STANFORD, Attest: Govemor. WILLIAM H. WEEKS, Secretary of State. By A. A. H. TUTTLE, Deputy. EXHIBIT No. 30. Proclamation. EXECUTIVE_ DEPARTMENT, Sa~amento, February 7, 1863. Whereas Brig. Gen. George Wright, of the United States Army, commandin~ the Department of the Pacific, haB called upon me for a battalion of six compames of troops (infantry) for special service against the Indians in the Humboldt district, in this State, to serve until discharged by him : Now, therefore, I, Leland Stanfqrd, governor of the State of California.. and com-mander-in-chief of the militia thereof, do call upon the citizens of the frontier coun-ties of Humboldt, Mendocino, Trinity, Klamath, Siskiyou, and Del Norte, of this State, as many as shall be necessary to fill up the foregoing requisition, to organize themselves into companies to be mustered into the service of the United States as hereby required. The requiBite officers of this force will be commissioned by the governor. Done at Sacramento, Cal., this seventh day of February, in the year of our Lord one thousand eight hundred and sixty-three. [SEAL] LELAND STANFORD, Attest: GOfJernor. WM. H. WEEKS, Secretary of Stat,, By A. A. H. TUTTLE, Deputy, EXHIBIT No. 31. No. III.-Concurrent resolution. [Adopted Maroh 10, 1868.J Be ·t 1·esolved by the senate, the assembly concurring, That our Senators in Congl'088 be in trncted and our Repre entatives requested to impress upon the Executive the nee ity which exi t of having officers and soldiers of the U. S. Army, officers, sea-m n and marine of th U. . avy, and all citizens employes in the service of the ov rom ct of he nited tates, ervin~ we t of the Rocky Mountains and on the Hie coa t, paid th ir sal rie and pay m gold and silver currency of the United : Pro idea, The a.me be paid in as revenue on this coast. B _it r ol ed, That th . r ?lntion be, ~thoot delay~ telegraphed by the governor f th1 t te to our dele ation m Congre , 10 order that 1mtllediate action may be had np e e. CALIJ!'ORNIA, OREGON, AND NEVADA ST~'l'E WAR CL.AIMS. 47 EXHIBIT No. 32. C11 AP . CLXXXVII. -A11 act to assist in filling up the regiments of Callforn.ia Volunteers, and to aid certain officers fm· that purpose. [Approved April 10, 1863.) The people of the State of California, represented in senate and assembly, do enact as follows: SECTION J. The sum of twenty-four thousand two hundred and sixty dollars of the moneys now in the State treasury arising from the exchange of gold for lega~ tender notes iu t.he payment by the State treasurer of Federal war tax assessed agamst the Sta-te of California, be, and the same are hereby, placed in the treasury as a "military 1·ecruiting fund." SEC. 2. The following sums are hereby appropriated to the recruiting of volunteers in this State, in the following proportion, viz: The sum of six thousand two hundred and eighty- nine dollars and sixty cents is appropriated to the seven companies of the First Uavalry California Volunteers; the sum of eight thousand• nine hundred and eighty -fl ve dollars and :fifteen cents is appropriated to the Sixth Regiment of Infantry, California Volunteers; the sum of five thousand three hundred and ninety-one dol-lars and nine cents is appropriated to tho First Battalion Mountaineers, California. Y olun teers; and the sum of three thousand five hundred and ninety-four dollars and sixteen cents is appropriated to the four companies Native California Cavalry. SEO. a. The said sum of money shall be applied exclusively to defray the expenses of recruiting, and the traveling and other necessary expenses of the recruiting offi-cers of the companies of said volunteers, in the following proportion, to wit : to each company, the sum of $898.51. SEC. 4. The controller is hereby direct.ed to draw his warrants on the State treas-urer for the amounts herein specified, in favor of the colonel or other commanding officer of the regiment or battalion, for the amounts above specified, on the special fund herein designated, and the treasurer of State is hereby authorized and required to pay said warrants to the said colonel or other commanding officer of the regiment or battalion, who is hereby const.ituted the disbur1:1ing officer of said funds. SEC. 5. The said disbursing officers will distribute the funds in their hands in the proportfon of $898.Gl to the commissioned officers in each company, in the following proportion, to wit: . the sum of $498.51 to each captain, and the sum of $~00 to each lieutenant, at the time and in the manner designated in the next section of this act. SEC. 6. The said recruiting officers shall produce duplicate vouchers. duly sworn te, of the necessary traveling expenses ancl subsistence of their recruits previous to being forwarded to the general rendezvous, and all necessary incidental expenses, and forward the same to the said disbursing officer, together with his certificate that the same is true aod correct, and that the items of expenses therein stated have been necessarily incurred; and the said disbursing officer, if he finds the same to be cor-rnct, and that the items for expenses therein stated have been necessarily incurred, shall forward one copy of said voucher to the adjutant-general of the State of Cali-fornia, and shall retain the other as his receipt or voucher for the amount allowed, and shall pay over to said recruiting officers the amount so allowed. SEC. 7. This act shall take effect from and after its passa,ge. EXHIBIT No. 33. CHAP. CCCXVIlI.-An act to appropriate funds for the defense of the Sta-le. [Approved April 25, 1863.) The people of the State of California, represented in senate and assembly, do en-act as follows : SECTION 1. J?or the purpose of placing this State in a more efficient state of defense agains_t foreign or internal foes, the sum of $100,000 is hereby appropriated from any funds m the State treasury not otherwise a.ppropriated, to be disposed of as follows , To each regiment existing in the Second Brigade, California State Militia, the su~ of , 10,000. To the light battery of the Second Brigade, California State Militia1 the sum of $3,000. 48 CALIFORNIA, OREGON, AND NEVADA STATE WAR cunts To the three cavalry companies of the Second Brigade, California Stat£1 :Militia, the sum of $2,000 each. To each company of infantry now organized, or which shall be organized withm suty days after the passage of this act, consisti~_g of, fifty r~n~ and,~le, ~nd in. th" same ratio to a greater orsmaller number of the :First, rh1rd,JJishment of a uniform militia throughout the United States, 1 have the honor to submit to your excellency the annual repor.t of this department for the year A. D. 1862. It is indeed gratifying to me in suumitting this report to be able to congratulate your excellency and the people of California upon the patriotism and military zeal of our citizens as evinced in the or~,~nization of new military companies within the past year, and the unusual effort of otticers and men to bring the force up to a standard of proficiency required for active service i.n the field. In the organized militia, officers and men have vied with each other in their efforts to be in readiness·to subserve the public interests of California by fnrnishing a force of well-drilled men, and have thus materially aided i.n maintaining the integrity of our State by their lauoable efforts for the public weal. The wisdom of the founders of our Government, who recognized· the great impor- · tance of a well-org~ized militia ai:; the national arm of our defense, is fully appreci-ated by the good ci?izens of California. The progress of the present war has devel-oped the fact that thorough drill and dicipline are of the utmost importance to the efficiency of troops, and there is an earnest determination in this State to have no more holiday soldiering, even although we are permitted to enjoy the blessings of peace. • During the eighteen months just past our beloved country has been the theater of one of the most formidable rebellions the world ever saw. The manner in which that rebellion has been ruet hy the apontaneous uprising of a million and a half of loyal people, finds no parallel in the l:iistory of nations. From the moment that the blood-thirsty traitors strnck their first blow at the nation's heart, the whole country east of the Pacific States has been resounding with the clash (lf arms, and has been rocking to and fro beneat,h the tread of the mightiest armies the world ever saw. , ' inco tl11 revolntion tha.t gave us independence, nothing has transpired to mark i lio pa~e of history with occurrences so patriotic. It is our second war for free-dom - war for our salvation-our nationality-a contest forced upon us by treason ane waged to its triumphant issue, for the conservation of th~ 52 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. hi~hest interests and hopes of huma~ity. ~he. sublime spectacle of the ~prising of a rmllion and a half of loyal men, offenng their lives upon the altar of their country, to throttle an insurreccion designed to subvert the Constitution and destroy the Union, has had its effect. The fact that at least among a fourth of our people this wick rebellion finds a smothered sympathy which would promptly unbosom itself if cir-cumstances favorable to its exposure should present themselves, and the tender thread upon which our relations with England and France seem to hang, has aroused the fears of our people and created the almost universal impression that military prepa-ration is necessary here. The sentiment that our Government shall not be destroyed pervades the hearts of our citizens to-day more fully than it did at the out.break of t his war. Yoong and old are looking with anxious eyes toward the scene of strife and blood, and thousands of strong hearts are ready at an hour's notice to rally around its noble banners and aid in bearing aloft the standard of civil and religious liberty-the beacon light of the oppressed of t he world. They are appealing by thousands to the State t o be assigned a place in the ranks of our militia force, in order to prepare themselves for active service. Company organizations are being daily reported, and requisitions for arms and equipments are daily being made. The reverses of our armies, and the entanglements of our foreign alliances, only seem t o strengt hen the ardor of patriotism in California. How shall this sentiment, which has shown itself as yet only as a simple indication of duty upon the part of those for whom the Government was instituted, and who are its natural defenders, be met, fostered, and made available for the present and pro-spective ..needs of the ~tate and nation f • I answer, by potting into the hands of onr loyal citizens the requisite munitions of war, and by encouraging the citizen soldier i n every possible manner. Camps of instruction and brigade encampments should be authorized at once, and the necessary equipage supplied at the expense of the State. California should be promptly placed upon a war footing, namely, the organization of a force of at least 30,000 men under the militia law of our State should be effected for drill and military instruction, and the entire necessary expenses paid by the State. An appropriation should be made annually of at least $8,000 to each regiment of organ-ized and equipped militia, consisting of eight companies, and a corresponding amount to battalions and companies unattached, to be applied, one half to the payment of ex-penses necessarily incurred in parades and encampments authorized ann directed by law, and the balance to the purchase of uniform, etc. It is useless to expect to Jreep up an efficient military organization, the burdens of which are to be saddled upon its members. The necessary expenses must be paid, and the time has come when the or-ganization of this branch of the service should be fully sustained. The exigencies of our State and country demand of us that we should perfect a military organization worthy the patriotism and enterprise of our people, commensurate with the necessities of our exposed condition, and the part we may have to act in t,his unholy and fratri-cidal war. The niggardly policy of the State heretofore practiced towards this, the right arm of protec1ion, by imposing all the burdens upon those of our citizens who have volunteered to supply a nucleus of a military foree around which the hosts of the tate could rally in case of dan~er, must be discontinued. The fostering aid of the po bhc Treasury must be invoked to meet all the actual ex-penses of oar military force, if we would make it what it should be, or keep it what it now is. I beg of your excellency to call the attention of the legislature to this insuperable barrier to the complete efficiency of the t roops of this State and the ne-co sity of immediate and substantial relief. If these good men and true who meet not es than twice a week to 1 arn the art of war, to become proficfont in the use of a.rm , to acquire habits of command aud obedience, subject themselves to thedisciplino of the sokh r, and quietly fit themselves for active service, give their time to the , 't te, in ·i t th t to impo e in addition the burdens of expense of the organization is rank inj u tic , and an outrage upon the liberal citizens of California; certainJy a people , ho have contributed their means by the hundreds of t housands to the noble bj ct of meliora ing the sufferings of the sick and wounded soldiers of the armies of the nion would corn to have it go down to history that they withheld tho m ager amount r quired to fit their fellow-citizens for efficient service in the same fi ld upo which th y may sooner or laier be called upon t o act . Let the liberal and p triotic spirit 1 app al d to, and I doubt not but that speedy and needed support ·ill b h rfoll voted by the T pr entativ of the people of this commonwea.lth, and ju tic final~y be one to the de . rvi~g and self-sacrificing soldier. b n r ahz the f ct th· t California ha no defen e under its own control but it militi , wi ha a-co t of O mil ' (at many point of which an invader could l nd tr op_ with irupunit ) ·otirely ~ofort ifi d, with the exception of the harbor of n r oc1 , antl no rnon1to1 or hip of war of any de cription-no troops at our orum pting h unifi uu cl militir, now on i ting of l t han 5 000 men our · n<.li i. i1 mu ind' 11, p ar · l rm~ng. The miiitia inclod all ab1 -bodied ~hito m 1 ~taz n n th '' of 1 ~ht n and for y-fi. ve, of whom t here are in thi t t 1 ,o n l u f · 11 t only bout 510 0 are armed an have but a single battery of artillery, and but few muskets or small-arms of any description, excepting those in the hands of the organized militia. This brief sketch exhibits a condition of the defenses of this State, which should not be allowed to continue a single day longer than it is necessary to remedy it. California js one of the most opulent States of the Union, and has a territory larger than many of the countries of the Old World, or than any three States of the Union, and should provide a system of defense adequate to her great political and commercial interests. 'rhat we should longer remain in this exposed condition, pending a war which may disturb the friendly relations heretofore existing between our Governme~nt and the two great maritime powers of Europe, when we could have a force of 30,000 to 50,000 well-,lrilled men, capable of defending it against attack from any and every quarter, is, . in the highest degree, reprehensible. Our system of government contemplates the militia as our chief defense against foreign invasion or internal rebe1lion. Our early statesmen and patriots had a. dread of standing armies in times of peace, and they relied upon the strong arm of our citizen soldiers as our security against domestic . commotions and foreign abuses. The Constitution of the United States and of the several States provided for it; our greatest statesmen have ever recommended it; Washington, in his first annual address to Congress, said: "Among the interesting objects which will engage your attention, that of provid-ing for the common defense of the country, will merit particular regard. 'fo be pre-pared for war is oue of the most effectual means of preserving peace. A free people might not only be armed, but disciplined, to which end a well-digested plan is re-quisite." The Articles of Confederation of the United States contained the following: "Every State shall always keep up a well-regulated and disciplined militia, suffi-cient.ly armed and accoutered, and shall provide and have constantly ready for use, in public stores, a due number of field-pieces and tents, and a proper quantity of arms, ammunition, and camp equipage." And the present Constitution of the United States declares that " the Congress shall have the power to provide for the calling forth of the militia to execute the laws of the Uuion, suppress insurrection, and repel invasion;" and also, ''to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States, re-spectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress." Why this military force, so necessary to our political system, has been to such an ex-• tent ignored and neglected by the loyal States can only be accounted for by the lax political morality into which we have been groping, and the forgetfulness of those useful lessons of experience which have brou~ht our country into so many national troubles, and into the present, the chiefest of them all. Inquiry bas often been made why it was that Massachusetts was able to send for-ward the well-drilled troops, which first took part in the present struggle for the maintenance of the Government with such promptness T The answer is, the excellent system for the organization and discipline of her military force, which had for years not only received the encouragement of judicious legislation, but at the same time substantial aid in means amounting to an annual appropriation of from $60,000 to $80,000 for its support. To use the wor s of that distinguished soldier and statesman, Maj. Gen. N. P. Banks: "Massachusetts could never have done what she did without long preparation-preparation in time of peace; preparation at a moment when none supposed there was to be war; when the great mass of the people were wild enough to believe that a war anywhere that could entangle us in its meshes was impossible; preparations made when ev:erything connected with the military name and organization and military spirit was looked upon as the spirit of dissipation, to be discouraged and discounte-nanced, and not regarded as part of the conduct or duty of an honorable or reputable man." California should profit by this example, and make proper preparation. The or• ganization of our citizens into companies, the expansion of every company now organ-ized into a battalion, and every regiment into a brigade, filled to their minimum standard, completely equipped for service, should be the subject of early legislation, ~nd authority given to organize and discipline an adequate militia force. Let the exposed and defenseless condition of our State be appreciated, and the proper means anu encouragements given, and our enterprising and patriotic citizens will speedily organize the best drilled and appointed army ever called into action from any State or country in the world. We owe this preparation to our State; we owe it to our national compact• we owe it to the memory of those who handeu the liberties we enjoy down to us; we owe it to ourselves; we owe it to posterity, and we owe it to the down-trodden millions of the world. · 54 CALIFORNIA, OREGON, AND NE'VADA STATE WAR CLAIMS. I do wost earnestly again entreat yonr excellency, therefore, to commend this so~ ject particularly to the legislature about to convene, that prompt measures may b6 taken for the better protection of California; that the wisdom of experience may be the guiding element in all deliberations upon this important subject, and that.our exposed Commonwealth may soon possess the means and appliances for perfect defenee. Our organized militia is composed of high-spirited and well-disciplined men, and if it is regarded as important and necessary to increase their number to a war footing, the present organization affords an easy and good means. New regiments of infantry, new battalions of riflemen, new companies of artillery and cavalry, could be formed, and increase our present brigades to five thousand men strong, with proper appor-tionment of the several military arms. Then if the worst fears of our people should be realized, the evidence will soon be afforded by the gallant sons of California, that this State has been true to her own and the nation's interests, and we shall hand down to history a fa.me worthy the patriotism, courage, and enterprise of this community, and at the same time discharge the most sacred obligations ever imposed upon a free people. • • • • • • • .&rms. California is sadly deficient in arms, and yet the many applications to the General Goverument at Washington, made by your excellency and from this departmeQ.t, for an additional supply, have thus far failed to meet with a favorable response. The requisitions, however, made upon Brigadier-General Wright, commanding the De-partment of the Pacific, have, to the extent of his ability, been promptly met, and I am informed will continue to be filled, so far as the public interests and the meansat his command will permit. This officer is entitled to the thanks of the people of this State for his active co-operation with the State authorities in an attempt to build up and equip our State troops. But we need artillery and cavalry arms, and improved arms for our infantry-of which there are none on this coast. The State should be supplied at once with at least 15,000 muskets and rifles, 8 or 10 full batteries field ar-tillery, cavalry arms sufficient to equip at least20 squadrons, and camp equipage saf-:ficient for at least 10,000 troops. One of the most efficient arms of the service is artillery. We see its efficacy every-where. It bas gained most of our brilliant victories in the present war, and in all the wars of modern times, We have but a single battery of artillery, consisting of 6 field-. guns-4 6-pounders, and 2 12-pound howitzers. (Two of these guns are now in use at the State prison.) This State should have at least a full and complete battery of light artillery for each brigade. A manned battery is composed of 1 captain, 3 lieutenante, 6 sergeants, 8 corporals, 2 musicians, 2 artificers, and 125 privates. Besides the 6 fteld-pieces, there are 6 caissons,~ ammunition wagons, and 1 traveling forge. Each bat-tery requires for active service 72 horses. If artillery arms could be supplied, the citizens of our large cities and towns would promptly organize a. proper force. There are in the organized militi1:1. but 3 cavalry companies, only partially armed and equipped. One of the causes of our millitary failures in the present war has been the want of a good cavalry force. When the war broke out the Government deter-mined to have little or no cavalry, but its necessities soon made it requisite to organ-ize a large cavalry force, which was found i;nvaluable in checking the raids of the enemy wherever they were to be at-tempted, and for the most effective field service. So in California, if an invading force should be landed upon our soil, a well-organized and well-mounted cavalry would be indispensable. California has ever been noted for her horsemen and for the vigor, strength, and endurance of her horses; but be-tween mere horsemen and well-drilled cavalry there is much difference; the latter we might h ve if proper measures were taken. Let us, then, provide for the organization of at least one squadron of cavalry in ach brigade, and mount our best men on the best trained horses, and we shall soon b ve a caval_ry for~e superi?r to any in the world. The organizationanlt'd.rill of cav-alry and artillery 1s expensive, but we should not neglect to have a due apportion• went of each arm of the service. I therefore most respectfully urge your excellency to commend the so bject of our poverty in arms and munitions of war to the legisla-t~re, and recomm nd means for providing the same. Adequate preparation often-hm av r war, and save to a nation oceans of blood and millions of treasure. Had the 1 yal t ~ heeded the wise counsel~ of the patriots of our early hiatory, the n b l_hon nld_ never have hown 1t hydra head. Had the pirit of '76 been cl n llv _up ~om tho n w loyal, tates, a decl~red by the convention which t con titt?,t1on f the tu.to f ewYork, which provided tbat, '' Whereas, f th: _utmo t imp rtaoc . o_tbe · fi ty of every State that it should be always nch I n f d fi o , and 1t_1 _th dntyof ev:ery man who enjoys the protection d ~lin t defi nd 1t, _this convention, therefore, by au-le o thia S te, doth ordam. det rmioe, and declare that the OA.LtFORNIA, ORlWO~, A.ND NEV.ADA. ST.ATE W.AR CLAIMS. 55 militia of this Sta to, at all times hereafter, as well in peace as i~ war, shal~ be armed aud disciplined, and ready for ser.vice, ~nd that a proper magazine of warlike stores, proportionate to the number of rnlu~bitauts, be fo~ever bere.afte!, ~t the expe~se of this State, anll by the acts of the legislature, estabhshec!, mamtamed, a~d cry of the present war is written. The army troops being under regular and systematic disci-pline, protected by a knowledge of the ~conomy of camp life, became gradually inured to the absence of conventional customs, and were prepared to do good service in the field and retain their health. On the other hand, the ranks of the volunteers engaged in that war, although they had the same equipage, were greatly thinned by fell disease before they had an opportunity of conflict with the opposing foe. What was _to the regular troops only .a change of babita~ion,--.simply_requiring care and at-tention, was to th~ other a frightful source of distress and mconvenience. Clean-liness, a suiL3:ble health policy, and a thousand matters of good order, essential to the preservation of health, are the results of theory, but must be acquired by ex-perience in service. Take a citizen from his fireside and place him in the active field without previous instruction, and he will make a sad contrast with the well-disci-p_li_ned soldier. '[ake a citizen-soldier and a~custom him by an easy and pleasing tran-sit10n to the duties on the field, and should bis services be suddenly required in a more exiended mJlitary_ sphere, hi~ experience will enable him . to contend with exposure ~nd.hardsh1-,, "_'~tch ot,he~wu~e would operate as a serious drawback. Let us, then, habituate our c1t1Zen soldiers, by a system of instruction, to their duties in this re-spect1 ~n~ give them ~n antic_ipation of, and to a great extent a safeguard against, the vw1ssitucles of active service, and the result must be highly beneficial. . The faults of discipline and organization among our troops developed in the present war d~monstrate the ~ecessity of i~porta~t improvement in ou~ ~ilitary establish-ment, m o~cler to plao~ 1t on the footmg which the power an<:!, pos1t10n of our country demand. rhe case cited above, and the losses and suffermgs experienced in m~n 56 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. during the early part of the Crimoan war among the British troops, which were 80 painfully exhibited in the reports of the commissioners appointed to inquirt, into them, afford an argument conclusive as to the establishment of 17hese camps. En-campments and camps of instruction should therefore be formed, in which officers and men may be exercised in maneuvers of large bodies of troops. As at present organ-ized there are few opportunities for our officers and soldiers to acquire pracLical knowledge of the conduct of field operations on a large sca1e or the various resources of preserving their individual efficiency in campaign. A liberal appropriation should be made for these purposes, and the law so amended as to require the establishment of annual encampments and camps of instruction upon a proper basis. . . . . .. .. .. Coad defen,ea. The necessity of rendering the harbor of San Francisco defensible against vessels of war of every description is keenly felt by the people of the whole State. A single vessel of war, once within range of that city, would hold it at its mercy. No mn.tter how strong its forts may be garrisoned or how many troops -it may contain, it is ab-solutely helples~. The first gun-boat which, passing Forts Saint Philip and Jackson, lay off the levee at New Orleans virtually captured that city. A single war steamer, therefore, which should run the gauntlets of Forts Point and Alcatraz, this metropolis of our State must surrender or be destroyed. The capture of New Orleans shows how little power our fortresses have to obstruct the passage of even ordinary steamers of war. '£he range of stationary guns is so small, and their aim so uncertain, that it is a matter almost of chance if a passing steamer is hit at all; at most the danger lasts but a short time. If the attack should be made~ however, by iron clad steamers, the perilofthe city would be alm0t,t certain. I am sure that the Passaicorthe Ironsides, and perhaps the Alabama, could enter the harbor of San Francisco unharmed, in spite of the fortifications which defend it. Some new mode of defense, answering to the increased powers of offens~ recently created, is clearly demanded. · The new ironclad now being constructed for this coast would be wholly insuffi-cient for defense of the harbor of the principal seaport and gold-exporting city ot this State. The Golden Gate is the real point of defense. The passage here is about 1 mile in width. The mode of perfect defense is, I believe, to be found in the re-volving tower or turret patented by Mr. J. R. Tim by, of New York, in October, 1862. The plan suggested to completely fortify the city of San Francisco is to construct a tower at1 Point Bonito and Point Lobos, and, if necessary, one in the middle of the passage. This turret consists of an iron-plated tower with a dome-shaped roof, resting upon a foundation of masonry, and pierced for two tiers of guns. The foundation provided with casemated guns. The t0wer to be 100 feet in diameter, ancl to mount sixty guns, thirty in each tier. The walls may be of any required thickness, of from 2to 5 feet. The increase of weight for ·a land fortress is of no practical consequence. The tower revolves upon friction-rollers, by means of a steam-engine below and beyond the foun-datfon of the fort. As the tower revolves, each gun in its turn is brought to bear upon the object direct, and the revolution is made in one minute, if desired. The whole on the principle of the turrets used in the new iron-clads Monitor and others. Guns of any ~ize can be used. Across the throat of the harbor from fort to fort, if they were built, could be placed a series 'of massive chains, attached to windlasses moved by the steam-engines in the forts. These chains to be drawn up by the wind-lass, when required, to such a. deflection as to prevent the passage of vessels. This would check the momentum of the vessel, and it would be at point-blank range un-der the fire of two forts, each capable of delivering a shot every second. The, essen-tial idea of a revolving tower is, that every gun commands every point in the circle. In our pr~sent l nd fortifications only a fifth of the guns can be used with effect at any one time. If, then, towers could be built at the Golden Gate, and the other ap-pro~ches to the city fortified, upon the plan already adopted by the Government, the navies of the world could be kept out of that harbor. I would, therefore, most re• spootfully recommend that Congres should be memorialized upon thif:! subject, that prompt steps be taken for the comp:ete defense of our principal harbor. • • ~ - * • * The ed upon this department, owing to the formation e for the service of the United States, made it rk, and Mr. R. H. Daly was thus employed on n constantly engaged since that time, thereby or cl rk-hire ma.de for this department for the 1 xpen es of this office, thus incurred, and a for this department during the past year is . Gov rnment. The War Department requires CALIFOnNIA, OREGON, AND NEVADA STATE WAR CLAIMS. 57 monthly detaile(l returns of the troops in tho service of the Unitecl States raised in California to be made up in tllis nilice, properly certified and transmitted. These 1·eturns, and many others specially called for, have been promptly made up and for-warded. There have been issued during the year five hundred and sixty commis-sions from this office, and over five thousand five hundred official letters have been written and copies made by my clerks. Twenty-six cQJDpanies, three battalions, and one regiment have beeu organized dnring the y~ar. 'fhe provisions of the law of April 24, 1862, like the law of May 9, 1861, contemplates the opening of the general fund of the Treasury to the drafts of the board of military auditors, for· the payment of the necessary expenses of the organized militia, and of this department, but as no appropriation was made, no money could be drawn, and accounts to the amount of several hundred dollars have been incurred for transporting arms and traveling expenses, which should be promptly paid. As many of the accounts for transportation of arms have not as yet been filed in thiij office, I am compelled to defer the exact stateruen t of the same until they are received. As no appropriation was made for the rent of office of the adjutant-general in the deficiency law for the thirteenth fiscal year, and an excess of appropriation having Leen made in that law for rent of arsenal, I have applied the excess to the payment of the rept of office. No appropriation has been made for postage or porterage-for this fiscal year; $250 will be requfred, also an appropriation for desk and carpet for office, $130. A statement of all arms and military property received, issued, and expended-the present condition of such propert.y-the number, strength, and condition of the organ-ized militia, and the strength of the enrolled militia, andaroster of the officers ofthe California Volunteers, will be found in the appendix hereunto attached. I have expended, out of my own private funds, on account of the State, for ex-. pressage, traveling expenses in inspecting troops and arms, the sum of $317.25, a schedule of which is herewith appended. In conclusion of this report, I may add, that it is to be hoped that the militia may hereafter have no reason to complain of legislative neglect, and that your excellency will recommend that every proper means may be taken to encourage and foster the military spirit with which its members are imbued, and that the representatives of ille people shall not be unmindful of their Just needs. All of which is most respectfully submitted. I am, sir, your excellency's obedient servant, WILLIAM C. KIBBE, .Adjutant- General State of Californif!!. CALIFORNIA VOLUNTEERS. Appended will be found a roster of the officers of the several regiments of Califor-nia Volunteers in the service of the United States. Tri-monthly returns of these regi-ments, as required by the War Department, have been made and transmitted from this office, as promptly as received, during tho past year. The roster will show many changes of officers during the year. The most important duty imposed by the act of Congress of Jnly 22, 11::!61, upon the governors of States is that of commissioning officers o( troops called into service. This duty, responsible under any circumstances, is rendered doubly so from the nature of a volunteer force; the difficulty, and often-times the impossibility of applying to its performance the well-defined rules of the regular service. Iu the exercise of this prerogative, promotions, if they could be made iu the regular order of seniority, would be an easy taRk; but when men with-out any priwious knowledge of military matters are commissioned and sent into the field, it is not at all surprising to find that the subaltern officer, in service, frequently show1:, a proficiency in the performance of his duties of which his superiors are wholly deficient,. In such cases the interests of the service require that the ordinary rules of promotion should be susp~nded, and that merit should have its proper recognition aud reward. As a general rule, it is doubtless well to promote regularly, but a de-varture from it is sometimes required by strict justice and the interests of the service. No ?~cer 1:,hou~d be permitted to rest his.claim for_ promotion solely upon his right by semonty, and 1t sllould be promulgated m all regiments that me1·itorious condu.ct may 01:erbalance the accidental advantage of position. This would encourage a spirit of emu-lation which could not fa!l to elevate the character of the volunteer officer, and to inspire the rank and file with a worthy ambition. Promotio~s shou Id gene~ally be made to field officers regimen tally, and line officers by companies. Ea~h reg11?e1;1t and company should generally be considered, with i:eferen~e ~o promot10~, a ~1strnct ?ody, and all vacancies filled; 3:s far as practicable, i~om w1t~rn the orgamzat1on. Th1s would remove the apprehension with which out-side appomtments are regarded, and hold out an incentive to the rank and file for Emch preferment as the chances of tbe service might offer as a reward for soldierly couduct,, To opl'n the door of promotion to the soldier, and keep it open before him, 58 CALIFORNtA, ORlUWN, AND NEVADA STA.TE WA~ CLAIMS. can not but have a salutary effect; he feels that he is no longer doomed to an end-less routine of duties, from which there is no relief, and to a position from which there is no escape; his ambition is aroused by the hope of promotion, and his resolu-tion strengthened to deserve it. The course pursued by your excellency in filling vacancies in the volunteer s~rvice, chiefly upon tbe recommendation of colonels of regiments, is expected to carry int9 eflect the suggestions herein made, and holds out a fitting encouragement to officers and men, so long as 1·egimental commanders will p1·operly act upon it, and use the responsibility for the best interests of their commauds and of the service, and it is to this end, chiefly, that these remarks are made, with the hope that those officers who have hitherto been at fault in this respect may be convinced of its great utility. I have never been an advocate of applying the elective principle to military organ-izations for active service, and am now fully confirmed in the opinion that it is inju-clicious. I believe that the perfection of any military system depends upon the ~bso-lu,te authority by which it is controlled. Few officers who owe their position to the votes of those constituting their command will act with that paramount regard to the interests of the service which is necessary to promote its highest success. I regard the elective principle, also, as prejudicial to the soldier. In the choice of qfficers he is frequently governed more by personal preferences than by any real merit or profi .. ciency of his candidate. Experience has proved this in many cases in the first organ-izations of the companies in the service from this State, the officers elected having been found to be totally incapacitated not only to command, but to exercise a proper care for their men, to the great detriment of their companies and the service. I would, therefore, recommend that in case new regiments should be organized for tba service of the United States that no electfons for line officers should be authorized, but that the members of companies should simply be permitted to recommend for ap-pointment to the con'3ideration of the governor. I am pleased to state that many of the officers in the service are very proficient ancl will do honor to the State and country, whenever and wherever duty may call them, and especially that those who have httherto been connected with the militia of the State have labored arduously and successfully for the interests of the service. Rank and file. The rank and file of the California Contingent is made up of material of which any State or nation might be proud, and the sacrifices they have made should be duly ap-preciated, and their services rewarded by tlie State. I do most earnestly recommend, . therefore, that the precedent established by many of' the Atlantic States-of paying their troops in the service of the United States an additional amount monthly-should be adopted by California; and that a bill appropriating, say, $10 per month to each enliRted man of the troops raised, or to be raised, in this State, be passed; to be paid upon muster rolls to be filed in this office after each and every muste·r. · The amount to single men, to be paid at the end of their term of enlistment, or of the war, and to men of families, to be paid upon allotment rolls made up by the soldier, under proper restrictions. This would be a most tangible me.thocl of recognizing the patriotic ef-forts of our soldiers, relieve many of their families from actual destitution and want, and hold out a :fitting encouragement for honorable service. While our troops have been organized and sent forth to duty, I have given much care and attention to the descriptive rolls of companies and regiments, causing them to be made out carefully and deposited in this office. We have, therefore, the name, residence ?-t the time of enlistment, age, place of nativity, and name and residence of neare t friend, of nearly every every man from this State in the volunteer service. I have had the duty of an obituary correspondence with the relatives of deceased soldiers almo. t weekly during the past year. To the brave men who have gone forth to endure the hardships of military service, and, if necessary, to meet the ordeal of d a.th in de£ nse of law and liberty, the State will ever be grateful. Calling for voluntee1·s. . _Under s ction 8 of the Con titution Congr ss has power "to provide for organ-1z1ng, a.rmin , and disciplining the militia., and for governing such part of them a · h · Unit d State , reserving to the States, resp ct-h n rs and the authority of training the militia ac-'. i y Con re ; " al o "to provide for calling forth C 0 te he Union, uppres in urrection, and r p 1 jn-1, c Bing out five hundred thousand v.olunt eri:1, f the on titnti n, and h I in ll ses, been CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. 59 A strict and uniform recognition of these functions on the part of th~ G_?vernment would prevent perplexity and promote the public service. It should be ms1sted_u_P?n, therefore, in future that for all levies of volunteers from this State formal requ1s1t10n be made on the governor. If this rule is not observed it may tend to create a. sus-picion and jealonsy of the Federal power. Such a result should be guarded agamst, for it might impair that feeling of mutual confidence which has enabled the Govern-ment to draw from the loyal States nearly a million and a lialf of volunteers. A plan which has been so successful should not be changed. on light.ground~, a1;1-d a disposition to ignore the State authorities, of which there ha"."e been some ind1ca~H:ms in late orders, shonld be met by a respectful protest, and, 1f nece_ssar_y, by pos1t1ve legislation. California stands prepared in the future, as in the past, to support the Government to the fullest extent of her resources, in men and meanlil.; but if her efforts are to be rendered effective in the greatest degree, the well defined rules heretofore practiced in tlle raising of troops by voluntary enlistment should be applied in this State, in all cases. The act of Congress referred to requires the President to issue his proclamation, or make requisition for the troops required, noting the States from which the same are to be furnished, according to the Federal population. 'l'o the Government, then, clearly belongs the right of determining the number of volunteers to be organized in each State. But the duty of- organizing such troops as may bo called for by requisition of the President, of appointing their officers, and of turning them over to the Government service, properly rests with the authorities of the several States. · If troops should be required from this State for active ser~ice at the seat of war, they can he promptly raised, to the number of twenty thousand or more, but they should go as California regiments, and California should have the honor and the credit of their services upon tho field of battle, for they will become distinguished for sol-dierly bearin~ and gallantry wherever tlley meet the common foe. We can easily spare the regiments already organized for the seat of war, and promptly fill their places, if required, with the most effective troops, and it would seem a matter of jus-tice tbitt this course shoulu be pursued. Certainly the men who so promptly volun-teered to make up the California Contingent, reg1,rdless of personal sacrifices, or the fact that it was a matter of doubt whether they would ever have an opportunity for service beyond the limits of California, are entitled to go to the seat of war, if any troops should be called for from this State. -It is to be hoped, therefore, that no more organizations, to be attached to troops of other States, wil.l be permitted to be made up here. EXHIBIT 35. Anrmal report o.f the adjutant-gene,-al of the State of California .for the year 1863. ANNU~.L REPORT. GENERAL HEADQUARTERS, ADJUTANT-GENERAL'S OFFICE, Sacramento, December 3, 1863. To bis excellency, LELAND STANFORD, Governo1· of California: Sm: I have the honor to transmit herewith the annnal report of this department for 1863. . I am, sir, very respectfully, your obedient servant, tExbibit No. 35-continued.J REPORT. WM. C. KIBBE, Adjutant-General. STA.TE OF CALIFORNIA, ADJUTANT-GENERAL'S OFFICE, Sacramento, December 3, 1863. · To bis excellency, LELAND STANFORD, Gove'rnm· of the State of California: Sm: In.accordance with the requirements of the laws of the State and of Congress I have the honor to submit the following report of the organization, strength, and 60 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. condition of the militia of the State of California and of her volunteers now ju the service of the United States: The time and the occasion seem proper, in complying with the law which requires me to submit an annual report, to accompa,ny it with a few remarks, such as are sno--gested by the disturbed nature of home relations. <> It has heretofore been the policy of our National Government not only to cultivate terms of amity with all foreign powers, but to secure to the States respectively a tranquillity so profound and healthful that it gave promise of being perpetual. '!'he sciences, agriculture, commerce, and the mechanic arts were our boast and chief pursuit. They were nurtur~d as the grand basis upon which an intellectual people hoped to erect an empire of future permanent greatness. There was "neither war nor rumors of war," and the tide of affairs floated on as peacefully as if no obstacle could impede its course, until it mingled its waters in a vast ocean of human happi-ness. In the midst of this imagined security, discord hurled theappl~ of contention, st.ates became refractory, and the Government embroiled. Our firesides·were invaded by tales of bloodshed, where formerly had entered only the boasts of fraternal affec-tion; and with these stories came a warning voice, also, which admonished us to look to our own immediate condition, and prepare against the hour of calamity. Our attention then was for the first time aroused; and now, on looking around us, we are not only alarmed at the comparative helplessness of our condition, but sarpi:ised that we had not previously disc;iovered and provided against it. It were useless to conceal the fact that as a State we are yet almost powerless against any suddenly precipitated danger. California not only deeply deplores and condemns the wicked rebellion of a portion of the Southern States, toward the suppression of which she has thus far not been backward in furnishing material aid, but she is compelled to notice, in addition, that those foreign relations of the General Government which were formerly of so encouraging and pacific a nature, if they are not actually dis-turbed, are seemingly each day becoming more complicated, involving a network of collateral issues, admonitory in character, and which, unless intrusted to the most careful and adroit of diplomatic management, may at any time lead to a conflict, not, only of opinion, but of arms. We can make the assertion with truthfulness and pride that the policy of the National Government, 1n its treatment of the nations with which it is in correspondence, has undergone no change, It has ever been for-bearing, dignified, and respectful. Can as much be said of all the powers of EuropeT Has not more than one pretext been sought for a quarrel, growing out of alleged en-croachments upon some of their maritime interests f And has not the exposed con-dition of California, with reference to foreign invasion, stimulated the impertinence, to use no harsher term, .which has characterized the utterances of foreign official agents, residents in the United States? The intermeddling with the affairs of the American continent and the introduc-tion of a form of government among some of its people obnoxious to their wishes and contrary to their historical established customs and laws is only another proof in the testimony accumulating for our benefit and instruction. The present Gov-ernment has bestowed some attention upon our sea-coast and harbor defenses, per-haps as much as could be expected under the circumstances; but we have a work of our own to perform, and it becomes us to consider well how and in what manner that work can best be accomplished. (The subject of harbor defenses has been noticed in my two former reports.) Until within a recent period, the State of California has been without arms, muni-tions, or soldiers, commensurate with her enrollable population and her requirements for & condition of successful defense. Indeed, it can not be said that our condition is even now very greatly improved. Although it is evident to the most casual ob-server that a spirit of military enthusiasm has been awakened and the latent chord of patriotism in the hearts of our citizens touched, from which cheerful event we are led to hope for greater r sults in the future, the record of sanguinary deeds in which our noble countrymen have bravely given their lives to p1·eserve the happiness and secnre the liberties of their posterity, and the brilliant achievement of our arms on many well fought field have contributed much tQ this end. The demands made upon our State for volunteers have been nobly responded to by our patriotic young men, many of whom have already repaired to the scenes of conflict. Others are pre-p ring for the encounter, and still others may be relied upon when the urgent neces-sity r quir their er ice . Bu ali~ rnia mu t n t be neglectful of her home intere. ts. We have among us all the· }em nt to supply both branch oftbeservice, national and State. The mi-liti up n wh m we r tor Jy chiefl I embrace as muchg nainepatriotism, heroic v , 1. ·, n t rliu worth any of our contemporary armies in the field. All they r uir i rg niz tion clrill, di ·ipline, military education. The national and local ~ \ 0ut the skirts oftbe army ; among t he Vallanclighams, Coxes, and Woods of the Atlantic border. A full purse is the god of their adoration; but a noble country is not worth the defending. The same spirit of economy is spoken of in the Scriptures. It would have sold the precious balsam which was applied to staunch the wounded feet of our Savior and distributed the proceeds among the poor. The activity recently displayed by t,he militia of our State, its rapid increase in numerical strength, its improved education and training, have r.uainly been induced by the generous legislation of the past two years. Indeed, the visible improvement of every feature of our military arm has shown that it has more than paid for the liberal amounts expended upon it; and our enemies, both at home and abroad, are t,anght that in the preservation of the integrity of California as a loyal member of the Union, her people are in sober and terrible earnest. We can at this time place forty thousand men in tho field, under a corps of passable instructors, possessing a qnired. The intereHts oft.he military service would be equally if not bet.Let' Hnbserved by the propos cl simplification. T~e 1~ilitary ~or~e of the S~ate, to be e.ffecti ve, rnu·st b_e consolidated by central or gamzatlon, This ,1.s not a,U-lt must be capable of i-a,pul concentraiion; and when • 64 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. massed, understand well such :field orders as may be necessary to hurl it in i:;erried :files upon a foe, or be detached in its different parts wit uch ease and facility as to avoid even the appearance of O(.mfusion; for a skillful feint is sometimes equal to a courageous charge-a well drilled military corps should at all times lie competent to meet either. A rigid collection of the military poll tax would soon enable us to liquidate all out-standing claims against the military fund, and provide amply for such expenses as may be contemplated for the coming year. Some more stringent enactment for the collection of thi1:1 tax is necessary. EXHIBIT No. 36. No. XII.-Conciirrent reBolution. I Adopted February 6, 1864.} Whereas a devastating and relent.less Indian war has been and still is bemg waged in certain counties in the northern portion of this State, the extent of which l1as never been fully known to the people in other portions of the State, nor properly con-sidered by those whoee duty it was to afford us protection at a time when a small force, judiciously managed, could have so disposed of those Indians as to have effect-ually prevented the present lamentable condition of the counties of Humboldt, Kla-math, and Trinity; and whereas in the counties above named there are no less than :fifteen hundred Indian warriors, many of whom are well armed with rifles, shot-guns, and revolvers, and as they are almost daily adding to their stock of arm1:1 and ammu-nition, by murdering defenseless miners, farmers, and traders, aurl are successfully encouraging a general uprising of Indians which the whites had hoped would remain quiet for the present, and as the people of the entire counties of Humboldt, Klamath, and Trinity are to a great extent at the mercy of the savages, the military force at present in. that district being entirely inadequate for the protection of the citizens, and owing to the peculiar natural au.vantages which the Indians in that district possess over the whites, in the adaptation of that mountainous region for the pr?se--cution of their cowardly mode of warfare, it becomes necessary to operate agamst them in the winter season; and as they have already destroyed about one-eighth of the taxable property of Humboldt Couuty, and entirely depopulated large portions of Trinity and Klamath Counties, having murdered no less than seventy-five valua-ble citizens, aod in some cases women and children in so doing; and whereas it is well known that the Indians are preparing for a war of extermination and extencle~ operations in the spring, which they will be able to carry on to a frightful extent if they ar not checked immediately; therefore, Resolved by the assembly, the Benale co1wu1Ting, That his excellency the governor be requested to use his best endeavors to have a sufficient number of troops sent to the scene of hostilities immediately, as will give security to what few lives and little property that may be loft, and jf possible avert a more extended field of blood ~,ud rap_ine, which th s~~vages are preparing for, and prevent, if possible,. other counties, which a.re now considered out of danger, from being overrun by hostile savages. And be it further resol1,ed, That if the milita,ry commander of this division can not furnish the r qnisite number of troops to restore this valuable portion of our State to tho p ac able posses ion of the whites, and throw a proper safeg•nard around them for tlie futur , then his excellency is hereby requested to lay our grievanc s before the, er tary of War, throurrh onr Representatives in Congress, to the end that our now deplorable ~md imminently dangerous future may be properly cared for. Exmnrr To. 37. 'nAP. ' X.'VII.-A11 act mnrndator!J of ana Bupplem ntal to an act entitlecl "An act for the rpfi f of th nlisted 111rn of lite alifornia Vol1tnt erB in the service of the nit ·cl 'tat B, approrcd pril /11 enty-se1•e11tlt, eiglitee,i hundred and Bixty-three. I pprov d [arch 15, 1864.) '· ·lion 1 of flu ahovP rrdtecl act i t and a erubly, do enact h rehy am nded s a to r ad ·tin or · 1u111a11 liu, ofti ud Y r • wu L r ti.le in f ·owp.~ui of aliforuia. olul\te rs offic o.f the adjutant- e.ner~l f this CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. 65 State a complete muster roll ( duly certified) of their companies from the date of their enlistment, -noting desertions, discharges, and dismissals, an }>Ill' ·ha tlJ a1cl l ud for th small t di count, such di count CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. 69 not 111 any case to be greater than herein before limited. Upon the acceptanc~ of any bid, and notification by the treasurer to the bidrler, such bidder shall forthwith pay to the treasurer the amount of the purchase money for the bonds proposed to be pur-chased, in gold and silver coin of the United States; upon recei viug the same the treasurer shall deliver to such purchaser the bonds so purchased. All moneys re-ceived by the treasurer from the sale of bonds as herein proposed shall be placed by tlie treasurer to the credit of the 8aid Line Officers' Relief Fund. SEC. 9. If any bidder whose bid shall be accepted shall fail to pay the money and accept the bonds, as provided in the last preceding section, he sl:iall forfeit all right to his bid, and shall, with his guarantors, be liable to an action by the treasurer of the State, for the benefit of said fund, for any damages resulting from such failure to comply with the conditions of his bid in accept.ing the bonds and paying over the purchase money. · SEC. 10. For the payment of tlrn principal and interest of the bonds issued under this act, there shall levied and collected, annually, commencing in the year A. D. 1864, and continuing until the final payment or redemption of the same, and in tbe same manner as other State re.ven:ue is or may be directed by law to be levied and collected, a tax of 1 cent on each $100 of ta.xable property in th!3 State in addition to the taxes for general State purposes, and the funcl derived from this tax shall be set apart and applied to the payment of the interest accruing on the bonds l1erein provided for and the final redemption of the principal of said bonds; and the faith of the State of California is hereby pledged for the payment of the bt>nds issued by virtue of this act and the interest thereon, and, if necessary, to provide Qther and ample means for the payment thereof. · SEC. 11. If, on the 1st day of January or July, 1865, or upon the 1st day of January or July in any subsequent year, ther~ shall remain a surplus, after the payment of the interest as hereinbefore provided, of $5,000 or more in the fund created by the tenth section Clf this act, it shall be the duty of the treasurer to advertise in two daily newspapers published in English, in each of the cities f San :Francisco and Sacra-mento, for sealed proposals for the surrender of bonds issued under the provisions of this act. He shall state in such advertisement the amount of money on hand appli-cable to the redemption of bonds, and he shall accept such proposals,Pat rates not ex-ceeding par valne, as may redeem the greatest number of bonds, until the amount of cash on hand for redemption is exhausted. SEC. 12. Full and particular account and record shall be kept by the treasurer of the condition of the funds collected in accordance with the provisions of this act, open at all times to the inspection of the governor and controller, and of any com-mittee appointed by the legislature, or either branch thereof. SEC. 13. It shall be the duty of the treasurer of this State to make arrangements for the payment of the interest of said bonds when the same falls clue; and in the event that the said interest fnnd should be insufficient, the said treasurer Rhall make up the deficiency from t,he general fund; and in the event of the insufficiency of the genera.I fund, the said treasurer is authorized and required to make such contracts and arrangements as may be necessary for the payment of saie paitl, as additional bounty, the fur-ther snm of $140, to wit: The sum of $50 to be paid at the time of such re-enlistment, and the forther sum of $40 at the end of each successive six months thereafter, such bouut,y to be paid out of tho same fund, in like manner, nuder the same restrictions, and on the same terms and conditions, as provided in sections one and two of this act. SEC. 4. In computing and allowing the bounty to he paid nnderthis act, the follow-ing sca,le hall be adopted: All persons enlisting before the first day of .July, 1864, shall he cntit_l d to receive tho first payment after enlistment on the first day of Octoher u mng, and thence snccessively every six months thereafter; all persons enlist,iu 0 • on or after the first day of July, 1864, and before the :first day of October, 1 64, hall 1>~ ntitlecl to receive the first pa.yment after enlistment on the first day of Ja,unary, 1 65, and thence snccessively every six months thereafter; all persons en-list.ing on or after the first day of October, 1864, and before the first day of January, 1 65, shall he entitled to receive the first payment after enlistment on the :first day of April, 1 65, and thence snccessivel.v every six months thereafter; and thns continuing snch scale of compntatioo aud aliowance until the first day of Jan nary, 1866, when the pa~ment of bounties herein provided for further P.nlistments shall cease, unless otherwt e orcler ,1 ~y the legislature of th is State. ,_ . 5. To rarry rn~o pffect the foregoin~ provi ions of tbis act, the adjutant-gen-eral 1s her by_ autboriz clto procur a11d shall provide all necessary blank nrnster-roll , pay-rolls, r g1Rtcr , allotm nts, cPrtificates, powers of attorney, and such other blanks and l_>ooks a may r qui ite and nee ssary, at the expense of the State, and shall form h the ~ame wi h . nitable iustrnctions, to the respective officers uf commands, wbos <1 nty I shall hP to make returns of the ame at proper times to the office of the adjntant-rrc•n l" l of this tate; ::tnd theacljutant-generalisherebyauthorized to make ncb rnl 8 and r ignlntion. ancl issne prop r i'n tractions to such officers as will enable th Mi •r, 11nclet' their C'ommand •ff ctivcly to obtain the benefits and to carry ont th provi ·ions of thi act. , 'Ee. i, Th paym n of the hountie at the time of nlistment shall be made 11pon tb c·Prtifir·ateoflheofnc:nmu t rino-iuthe nli tedmen; andthecontrollerof tat~ i h ·rl'h;\' ant hori.z,.,l ~ rHl requir cl to draw hi warrant for the amount of such bouu-t!., p, ~·ahl · out of the olclier honnty fund, upon preseutation to hfrn of such r-1hc·ttf' by tlu Jl . r ·,m in \·ho. favor i i giv n, a.tt t d by the sio-nature of th · 1n111, tulin!.{ ot'li · r of th , r.omp, n,· or rerrimrnt in which such soldi~r bas been en-Ii rl ('Ollntr.1. igu •rl hr tlw arljntant-rrt>t~eral of I hi. ' tat . • _F.<'. i. 'Jhe J!"' •nor, ~Hlj11tnnl-"Pnr•1·nl :incl t,r a.~mrer of ,tat ar<"hereliyap-1' Ill l rntl ,·ou. titntml a hoar l f xa111i11n. , who • rlnty i ball be to examine, CALIFORNIA; OREGON, AND NEVADA STATE WAR CLAIMS. 71 audit and allow all claims for payments of bounty after enlistment under the pr«;>vis-jons ~f sections 1 2 3 and 4, of this act, in favor of the parties legally entitled thereto· and the' cdnt~oller of state is hereby authorized and required to draw his warrants in favor of the pers:ms, respectively, to whom such allowances shall be made by such board for the snmsrespectively allowed, to be paid out of the soldiers' 1?01mty fund. All demands against imch fund shall be presented to the board he:rern ~on-stituted, through the adjutant-general's office, under such rules as may be prescribed by them; and no money shall be drawn out of the soldiers' bounty fund except as provided in this act. SEC. 8. For the purpose of paying the bounties herein before provided fo!, the sui:n of $2,000,000 is hereby appropriated and set aside of the moneys to be derived from the sale of the bonds of the State hereinafter provided for, or so much thereof as - may be realized from the sale of such bonds; and all moneys so realized shall be set apart by the treasurer of state and constitute a separate fund, to be designated as the "soldiers' bounty fund." All liabilities created by this act shall be paid out of such fund, and the treasurer of state is hereby authorized and required to pay all warrants drawn upon the soldiers' bounty fund out of the moneys at any time in such fund and none other. SEC. 9. For the purpose of carrying into effect the provisions of this act, and pro-viding for the fund created by section 8 thereof, the treasurer of the State of California shall, immediately after the passage of this act, cause to be prepared bonds of the State to the amout of $2,000,000, in sums of not less than $100 each, redeemable at the office of the treasurer of the State on the 1st day of July, 1884. The said bonds shall bear interest, payable semi-annually, at the rate of 7 per cent. per annum from -the date of their issue, which interest shall be due and payable at the office of the treasurer of state on the 1st day of January and July of each year: .f1·ovided, That the first payment of interest shall not be made sooner than the 1st day of January, 1865, which payment shall include any fractional portion of interest that may be due on bonds sold prior to the 1st day of July, 1864. The said bonds shall be signed by the governor, and countersigned by the controller, and indorsed by the treasurerof stat,e, and shall have the seal of State affixed thereto; and such bonds shall be sold and issued from t,ime to time, by ors.er of the governor, as the money to be derived . therefrom may be required for use under the provisions of this act. The expense of preparing such bonds shall be audited as a claim against the soldiers' bounty fund. SEC. 10. Coupons for the interest shall be attached to each bond, consecutively num-bered, and signed by the treasurer of state; and it shall be the duty of the cont,roller and treasurer of state, each, to keep a separate record of all such bonds as may be is-sued, showing the number, date, and amount of each bond, and to whom the same was issued. SEC. 11. The treasurer of stp.te shall, immediately after the passage of this act, and as soon as such bonds can be prepared for issue, sell and dispose of a sufficient amount thereof to provide the funds necessarily required under the provisions of sections one and three of this act, which amount shall be regulated by the number. of volunteers call~d for or ordered into the service of the United States from this State, and shall be declared to the treasurer by an order to that effect issued by the goveruor after the reception by him of such call ; and from time to time thereafter shall sell aud dispose of such bonds in such amounts as may be required by the number of volunteers so called out from this State who may be actually in the service of the United States and entitled to the benefits of this act; such sales shall be made for gold and silver coin of the United States. SEC. 12. All sales of such bonds shall be made in the following manner: The treas-urer ?f State shall publish notice for thirty days in two daily papers published in the city of Sacramento, and two or more daily papers published in the city of San Francisco, _inviting sealed propo_sa_ls for _the purchase of said bonds; the notice shall state the ~1me a:nd place «;>f rec_e1vmg bids, the amount of bonds to be disposed of, and that bids will ?e received for the _purchase of o~e bond or more, naming the low-est amount for which the bonds are 1ssued; that bids made for a greater rate of dis-count than 12 cents on the dollar of the par value thereof will not be received, and that the payment for the same must be made in gold and silver coin of the United States. Parties proposing to purchase bonds offered as aforesaid must state in' writing the amoun~ they propose_ to purchase, and the rate per centum they are willing to pay; Provided, That no bid shall be accepted nor any of such bonds shall be sold by the treasurer at a greater discount than 12 cents on the par value thereof. SEC. 13. At the time specified in the notice for bids the treasurer shall proceed to open the whole of such bids or proposals in the presence of the governor and con-troller of State, and the governor, controller, and treasurer shall proceed to consider such proposals, and shall accept such as propose to purchase the said bonds for the s_m~llest discount, such discount not in any case to exceed the amount hereinbefore limited. Upon the acceptance of any bid the treasurer shall forthwith notify the bidder thereof, and require him to pay to the treasurer the amount of the purchase 72 CALIPORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. money in gold and silver coin of the United States, within ten days thereafter, at the tate treasurer's office, and upon the payment of such purchase money by the bidder the treasurer shall deliver to him the bonds so purchased. All moneys so re-c ived by the treasurer from the sale of bonds as herein proposed shall be placed by the treasurer to the credit of the soldiers' bounty fund. EC. 14. At any time after the opening, considerl),tion, and acceptance of proposals for the purchase of such bonds, if it should appear that the whole amount ther~of so offered has not been taken, the treasurer may proceed to sell the same, or any portion thereof, at private sale to such purchasers as may present themselves; Provided; That no bonds shall be thus sold at a greater rate of discount than the rate at which any of said hoods were actually bidden for, and such bid accepted, at the time such sealed proposals were opened and considered. EC. 15. For the J,a,yment of the principal and interest of the bonds issued under this act, there shall be levied and collected, annually, until the final payment or re-demption of the same, and in the same manner as other State revenue is or may be directed by law to be levied and collected, npon all real and personal property taxa-ble in this State, a tax of 12 cents upon each $100 dollars of valuation of such prop-erty, in addition to the taxes for general State purposes, and the fund derived from this tax shall be set apart and applied to the payment of the interest accruing on the bonds herein provided for, and the final redemption of the principal of said bonds; and the faith of the State of California is hereby pledged for the payment of the bonds issued by virtue of this act, and the interest thereon, and, if necessary, to provide other and ample means for the payment thereof. SEC. 16. Whenever on the 1st day of January or Jnly, 1865, or upon the 1st day of January or July in any subsequent year, there shall rema.in a surplus, after the pay-ment of the interest as herein before provided, of $10,000 or more in the fnnd created in the eleventh section of this act, it shall be the duty of the treasurer to advertise in two daily newspapers, 1mblished in English, in each of the cities of San Francisco ancl Sacramento, for sealed proposals for the suneuder of bonds issued under thi act. He shall tate in such advertisement the amount of money on band applioable to the redemption of bond,, and he shall accept such proposals, at rates not exceed-ing par value, as may red~em the greatest number of bonds, until the amount of cash on hand for redemption is exhausted. SEC. 17. Full and particular account and record shall be kept by the treasurer of the condition of the funds collected in a,ccorda.nce with the provisions of this act, op n at all times to the inspection of the governor and controller, and of any com-mittee appointed by the legislature, or either branch thereof. EC. 18. It shall be the duty of the treasurer of this State to make arrangements for the payment of the interest of the said bonds when the same falls due, and in the event that th said interest fund should be insufficient, the said treasurer shall make np th , cl fici ncy from the general fund; and in the event of the insufficiency of the gen ral fund, th aid tr a urer is authorized and required to make such contracts and arrangementA a may be necessary for the payment of said interest, and the pro-tection of the credit of th State; and in case there should at any time be in the fuud er ated by this act for the payment of said interest and the redemption of said hond8 any urplnH mon y not needed for the payment of said interest or the redemp-tion of any bond , it ball be the duty of the treasurer of State to transfer s11cb snrplu8 mon y to th g neral fund of the State. Said bonds shall be redeemed and tho intere t paid in the gold and silver coin of the United State . , 'EC. 19. This act ball take effect and b in force from and after its passage. EXHIBIT O. 44. Proclamation. ' T TE OP ALIF R. IA, EXECUTIVE DEPARTMENT, , acramento, epternb,r 24, 1864. · ui. ition from faj. en. Irvin fo owell, 1 am having be n made by autborit~· r • infantry in addition to the 'VOlunteen; in th nforc rn •nt of th law , to up-' ·, gov rnor of the I · of lo h r by c 11 u • 1paui1• utlici •nt to fill tl CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. 73 In witness whereof I have hereunto set my hand and caused the great seal of the State of California to be affixed. Done at Sacramento this twenty-fourth day of :::ieptember, in the year of our Lori\ one thousand eight hundred anil. sixty-four. [SEAL.] FRED'K F. Low, Attest: Governor of Califo1'nia. B. B. REDDING, Secretary of State. F. W. REDDING, Depu,ty. The following is hereby promulgated: Tile plan of recruiting and organizing the above force will be as follows: RECRUITING. It is desirable that the citizens of one county should undertake to fill a company from their locality. A compi:1,ny rendezvous will be established at some central point i11 the county, and, if practicable, all recruits will be retained there until the com-pany is filled and ready to be mustered into service. ' Correct lists will be kept by the assistant provost-marshal-general of the volun-teers and their places of residence, and proper credits will be given to the several c01mties, and to the districts into which the counties may be divided, which er-edits will a,pply on the quota which may be required of them. . The city and county of San Francisco is hereby set apart for the enlistment of vol-unteers to fill up the regiJJ1ents now in the service, and no authorization will be granted for the formation of new companies at that point. The State bas provided by law for the payment ofa bounty of $160 to each enlisted Roltlier, and $300 to each enlisted veteran soldier who shall have served for more than :-iix months in the Army of the United States, in addition to the bounties authorized to be paid by the United States. (See Statutes 1863-'n4, p. 486.) ],ive dollars per month while in the service is authorized to be paid by the State in addition to the pay, clothing, an·d allpwances paid by the United States. (See Statutes 11363, p. 662.) The additional regiment of infantry will be known as the Seventh Infantry, Cali-. fornia Volunteers. The field, staff, and line officers will be commissioned by the governor. Commissions will be issued to company officers, conditioned that they shall recruit their respective companies, and be ready to be mustered into the service on or before the 10th of November next. ORGANIZATION. Tbe proper organization and strength of a regiment of infantry is as follows: One colonel, one lieutenant-colonel, one major, one adjutant, au · extra lieutenant, one cinartern1 aster, an extra lieutenant, one surgeon, two assistant surgeons, one chaplain, one sergeant-major, one regimental quartermaster- sergeant, one regimental commiAsary-sergeant, and one hospital steward. Ten companies form a regiment. Company of irifantry.-One captain, one first lieutenant, one second lieutenant, one fir~t sergean~, _four sergeant;s, eighti corp~ra]s, two in~siciaos, o~e wagoner, sixty-four pnvates, mm1mum, and eighty-two privates, max1mum, besides the non-commis-sioned officers. The Jaw does not authorize musicians for companies, but regulations allow the en· listment of two musicians to each company, who will be rated and paid as privates• EXHIBIT No. 45. P1·oclamation. STATE OF CALIFORNIA, EXECUTIVE DEPARTMENT, Sacramento, November 16, 1864. Whereas I have this day received a requisition from Maj. Gen. Irvin McDowell commanding Department of the Pacific (the same having been made by authority of th Secretary of War), for one regiment of infantry' in addition to the volunt.eers now in the service of the United States, to aid in the enforcement of the laws, to supress ins1urection, and to repel invasion; 74 CALIFORNIA, OREGON, AND NEVADA STA.TE WAR CLAIMS. Tow, therefore, I, Fred'k F. Low, governor of the State of California, and com-mander-in-chief of the militia thereof, do hereby can upon the citizens of this 'tat to organize themselves into companies sufficient to fill the foregoing requisition. In witness whereof I have hereunto set my band and caused the great seal of the State to be affixed. Done at Sacramento this 16th day of November, A. D. 1864. [SRAL.] FRED'K F. Low, Governor of California. B. B. REDDING, SecretarJJ of State. By F. W. REDDING, Deputy The place of recruit~ng and organizing the above force will be as follows : RECRUITrnG. It is desirable that the citizens of one county should undertake to :fill a company from their locality. Correct lists will be kept by the assistant provost-marshal~general of the volun-teers and their places of residence, and the proper credits will be given to the several counties, and to the districts into which the counties are divided, which credits will apply on tbe quot& which may be required of them. The State has provided by law for the payment of a bounty of $160 to each en-listed soldier, and $300 to each enlisted veteran soldier who shall have served six months in the Army of the United States, in addition to the bounties authorized to be paicl by the United States. (See·statutes 1863-'64, p. 486.) Five dollars per month while in the service is authorizes, of Oregon, to the legislature of that State, Sepiember 15, 1864. (From appendix, Oregon house journal, third session, 1864, page 11.] At the breaking out of the _rebellion most of the troops of_the reg~lar Ar~y in Ore-gon were ordered East. In the fall of 1861 orders came to raise a regunent of cavalry. Col. T. R. nornelius was requested to raise and command the same. He entered upon the work with energy, and faithfully dis~harge~ his ~uties until his resignation .. The 01·der carne late in the season ; the winter followmg was a severe one and 1n the spring, while enlistme_nts were b_tling rapfdly made, an order came to cease recruiting; hence but six compames were raised. On the 5th of January, 1863, by Brigadier-General Alvord, commanding district of Oreo·on, I was requested to raise additional companies to fill the regiment. Accord-ing½' on the following day I issued ~y proclamation calling for volunteers an~ :3-p-pointe:1ury notes. Approved, October 21, 1864. EXHIBIT N 0, 66 . .An act for the relief of Looney C. Bond. Wl Bond, a citizen of Linn Count,y, Oregon, was, in the month o April by the governor of Oregon recruiting officer, with the rank of 1:1e ·o t First Regiment Cavalry, Oregon Volunteers, and was mu -t r cl the uited States in the month of April, 1863, and entered 1n tl i immediately thereafter, and cont,inued in said service until the 1 , 3, when he resigned the said office; that during the period he w • , ordered by the governor from Portland to Albany, from Al_l,a . m alem to Portland; and whereas in the performance of l s comp 1led t,o pay money of bis own for his nece ary l v· ; and whereas the United States Government haver• • tb aid Bond for said service: Tb refore, · · · tbly of the State of Oregon: is, appropriated, out of any money iu the m of $6t:! for services as recrui iog officer day of October, 1863, and that the ecr -tary ur r for the aid nm of , 6 , in favor of tlw amount ball be paid in nited tate ln: • l' 4. .. _,. c~Lr;~Rm~-oREGoN, ANrtNEvrnA· sT1Tf;.·wii ;LA.ms. 89 EXHIBIT No. 67. An act for the relief of John Darragh. Be it enacted by the legislative assembly uf the State of Oregon : . SECTION 1. That the sum of $-700 be, and the same is hereby, appropriated, out of any money in the treasury not otherwise appropriated, to the paymen~ of Jo~n Darragh for services as second lieutenant of cavalry of Oregon yoluot~rs, m recrmt-in O' as such lieutenant under an appointment of his excellency A. C. Gibbs, governor or""oregon: Protided, The said sum shall he pa-id in United States Treasury notes. • Approved, October 22, 1864. · EXHIBIT No. 68. An act ,mpplemental to an act entitled "An act to provide f01· the ordinary expenses of the State government, and other general and specific appropriations." Be it enacted by the legislati'IJe assembly of the State of 01·egon: SECTION 1. That there is hereby appropriated, in addition to other appropriatio~s made at this session, the following appropriations, to be paid out of any moneys m the treasur.v not otherwise appropriated, to pay for engrav:ing and p_rinting the State bonds provided for by the act of the present session grant,rng bounties to volunteers, the sum of $800; to pay for blank muster-rolls, pay-rolls, registers,. allotments, cer-. tificates, powers of attorney, and such other blank books as the a-dJutant-general of tliis State is required to furnish uy the said act granting bounties to soldiers, the sum of $200. • SEC. 2. Whereas a portion of the above-named sums are now past due, and the re-cent demand for enlistmentti create an emergency, this act shall take effect and be in force from and after its approval by the governor. Approved, October 24, 1864. EXHIBIT No. 69. An act gmnting bounties to the volunteers of this State, enli8ted in the se,·vice of the United States, fo1· iss,iing bonds to provide funds f01· the payment of the same, and levy a ta.x to pay such bonds. SECTION 1. Be it enacted uy the legislative assembly of the State of Oregon, as fol-lows: There is hereby granted to every soldier who shall hereafter enlist for three years or· during the war, in any regiment, battalion, company, troop, or battery, now organized or hereafter to be or~anized or raised as part of the quota of volun-teers of this State, under the laws of Congress and the orders of the President of the United States, during the existing rebellion, and there shall be paid out of the fund hereinafter provided for, in addition to other bounties and pay now provided for and authorized by any law of this State or of the United States, to every such enlisted soldier, a bounty of$150, in manner following, to wit: The sum of $50 to be paid at the time of enlistment and the sum of $50 to be paid after the expiration of one year of such service and the sum of $50 at the expiration of such term of enlistment: Pro-. vided, That such bounty shall, in no case, be paid on the order of such soldier, but shall be paid to him personally, in the same manner as soldiers in the Army of the United States are now paid, excepting only where the same shall be necessary for the support of his wife or family, or upon certificates executed by such soldier after each successive payment shall have fallen due under. the provisjons of this act, such certifi-cate to be attested by the commanding officer of the regiment, battalion, company, troop, or battery, or post commandant of any detachment in which soldier may be serving: .And provided fm·thm·, That in all cases where such soldier shall have a wife or family such payments may be made to the wife, or temporary guardian, or custo-dian of minor child or children, as the same shall become due, such soldier having .first filed in the office of the adjutant-general of this State a power of attorney to that effect, executed before ancl certified by the commanding officer of the regiment, bat-talion, company, troop, or battery in which such soldier shall have enlisted or to which he may be attached. SEC. 2. In case of death or honorable ~iscbarge from the service, when such dis-charge occurs from any wound, disease, or disability incurred or contracted in the service, the full amount of bounty granted by this act shall be allowed and paid .to 90 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAI IS. every snch oldier, or to bis legal heirs; but if auy sncl.t soldier be dishonorably d". charged, or be discharged from disease or dis~bility which existed, or which folio from causes xisting aud concealed 1efore enlistment, such allowance of bounty here· provided for shall cease at the date of such discharge ; and in case the term of servi expired by the conclusion of the war, and the quota of this State be mustered out fore the eud of three years, then the whole amount of such bounty remaining b 11 become due and payabie. SEC. 3. In computing and allowing the bounty to be paid under this act, the foJ. lowing scale shall be adopted: All persons enlisting before the first day of Janna . 1865, shall be en titled to receive the first payment after enlistment on the :first day of January, 1865; all persons enlisting after the first day of January, 'l.865, shall be en-titled to receive the first payment after en'listment, whenever the company in which they have enlisted shall have been mustered into the service. SEC. 4. To carry into effect the foregoing provisionEi of this a.ct, the adjutant-general is hereby authorized to procure and shall provide all necessary blank muster-roll , pay-rolls, registers, allotments, certificates, powers of attorney, and such other blank and books as may be requisite and necessary, at the expense of the State, and shall furnish the same, with suitable instructions, to the respective officers of command, whose duty it shall be to m::i,ke returns of the same, at the proper time, to the officP of the adjutant-general of this State; and the adjutant-general is hereby authorized to make such rules and .regulations, and issue proper instructions to such officers, a will enable tl10 soldiers under their command effectively to obtain the benefits, and to carry on t the provisions of this act. ' SEC. 5. The payment of bounties at the time of enlistment shall be made upon the certificate of the officer mustering in the enlisted men ; and the secretary of state i hereby anthorized and regnired to draw his warrants for the amount of such boun-ties, payable out of the soldier's bounty fund, upon pres13ntation to him of such cer-tificates by the person in whose favor it is given, attested by the signature of the com-manding officer of the company or regiment in which such soldier bas baen enli ted, countersigned by the adjutant-general of this State. SEC. 6. The governor, arljutant-geueral, and treasurer of state are hereby appointed and constitutea a board of examiners, whose duty it shall be to examine, audit, and allow all claims for payments of bounty after enlistment under the provisions of ec-tions 1, 2, and 4 of this act io favor of tho parties legally entitled thereto; and the secretary of state is hereby an!:horized and required to draw his warrants in favor of the person, respectively, to whom such allowances shall be made by such boar. Th . aHl bond hall be signed by the governor, and countersigned by the secretary: and rnd r ·ecl h th trea mer of the tate, and hall have the seal of State affixed thereto· .ind u ? bon 1 hall b . i~. ued fro~ time to time, by order of the governor, as ma, b r qnJr d . h pr v1 100 of tb1 act. The expen e of preparino- such bond sh 11 b paid out of th g neral fund of he tate. · 0 'EC. 9. upon for th int rest shall be attached to each boud con ecutivel num-ber d and i n cl by h tr a nrer of state; and it shall be the dnty of the secret . ~ncl tr a tir _r f tat each to k ep a s paratR. record of all such bondti a may 1 u _d, b wrng he number, da.t , and amount of each bond, and to whom the a 1. n d. . EC. 1 . n prodnc ion of c rtificat , as prescribed in sections 3, 4, and 5 of a t, th er tar of tate i her by authorized and required to draw his war-rant f: r th mount of such bounties on he treasur r of the tate, and the ec CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. 91 tary of state jg hereuy authorized and required to issue, on the delivery t? ~im of such warrant, a bond of the amount due such claimant, payable to the recipient or order. . a a SEC. 11. For the payment of the principal and interest of the bonds issue un er this act there shall be levied and collected annually, until final payment or redemp-tion of the same, and in the same manner as other revenue is or may be direct~d by l~w to be levied and c?Uected, upon all real and_ personal property ta~able 1!1 this ·}tate a tax of one mill on the dollar of valuation of such property, m addi-tion to th~ taxes for O'eneral State purposes, and the fund derived from this tax shall be set apart and applied to the payment of the ~nt~rest accr~iug on the bonds her~iu provided for and the final redemption of the prrncipal of said bonds; :1nd the fai~h of the State of Oregon is hereby pledged for the payment of the bonds issued by vir-· tue of this act and the interest thereon, and, if necessary, to provide other and ample ' means for the payment thereof. SEC. 12. Whenever, on the 1st day of January or July, 1865, or upon the 1st day of January or July in any subsequent year, there shall remain a surplus, after the pay-ment of the interest as herein before provided of $10,000 or more in the fund createcl by section 7 of this act, it shall be·the duty of the treasurer to advertise in one news-paper published in each of the cities of Salem, Portland, . Dalles, and Jacksonville, for sealed proposals for the surrender of the bonds issued under the provisions of this act. He shall state in each advertisement the amount of money on hand appli-caule to the redemption of bonds, and he shall accept such proposals, at°rates not ex-ceeding par value, as may redeem the greatest number of bonds, until the amount of cash on hand for redemption is exhausted. . SEC. 13. Full and particular account and record shall be kept by the treasurer of the condition of the fund collected in accordance with the provisions of this. act, open n,t all times for the inspection of the governor and secretary of state and of any committee appoint~d by the legislature or any ,branch thereof. SEC. 14. It shall be the duty of the treasurer of this State to make arrangements for the payment of the interest of said bonds when tlie same fall due; and in the event that the said interest fund should be insufficient, the said treasurer shall make up the deficiency from the general fund; and in the event of the iusufficincy of the general fond, the said treasurer is authorized and required to make such contracts .and ar-rangements as may be necessary for the payment of said interest and the protection of tne credit of the State; and there should at any time be in the fund created by this act for the payment of said interest and the redemption of said bonds, it &hall be the duty of the treasurer of state to transfer such surplus moneys to the general fund of the State. · SEC. 15. Said bonds shall be redeemed and the interest paid in the gold and silver coin of the United States SEC. 16. Inasmuch as there is an urgent necessity for raising volunteers in this State immediately, this law shall ue in force from and after its passage. ' Approved October 24, 1864. , LExhibition No. 69-Continued.) An act for the relief of the cornmissioned ojflce1·s and enlisted men of the Oregon volu~-teers in the service of the· United States. · SECTION 1. Be it enacted by the legislative assembly of the .State of Oregon, A sum not exceeding one hundred 1 honsand dollars is hereby appropriated and set aside, to con-stitute :t separate fund, to be known as the commissioned officers' and soldiers' relief fund, for the purpose of paying a compensation to the soldiers of the companies of the Oregon volunteers raised in this State for the service of the United States to aid in repelling invasion, suppressing insurrection, enforcing the laws, and protecting tho public property, in addition to the pay allowed them by the United States. All liabil-ities created by this act shall be paid out of said fund. . • SEC. 2. There shall be paid out of the fund created and set apart by the fir.st sec-tion of this act to each and every commissioned officer and enlisted soldier of the com-panies of the Oregon volunteers raised in this State for the service of the United States ~o aid in repelli~g invasion, suppressing insurrection, enforcing the laws and preservmg and protectrng the public property, from the time of their enlistment to t,he time of their discharge, the sum of five dollars per month. · SEC. 3. ~o mo~ey shall. be dra_wn ont of the soldiers' relief fund herein provided for except as 1s provided for m section four of this act. · · ·· SEC. 4. The captains or commanding officers of companies of Oregon volunteers shall, after each and every muster, file in the office of the adjutant-general of this Sta_te a comple~e mnster-r.oll, du)y certified 1 of their companies from the date of their enlistment, notmg desertions. d1scha.rgeR, aml dismissals and statinrr the causes of such discharges and dismissall:l from the service. No n~n-commissi~ned officer or private shall be entitleu to t};t.e benefit of this act who shall not obtain an honorable !)2 CALIFORJ.'lA, OREGO-'-, AN!? NEVADA STATE WAR CLAIMS. di charge from the service, and no money shall be drawn from the fund hereby au-thorized and set apart until be bas been honorably discharged the service. Pro-vided, however, Th~t the monthly aru~~nt hereby. appropriated may be drawn by such nlisted marned men as have fam1hes ,depending upon them for support, who shall have power to allot the wbo]e or portion of the same for the support of' their families. The amount of pay thus allotted shaH be paid to the persons to whom th~ same is legally allotted upon the following certificate of the adjutant-general'of this Stn,te (with the seal of office attached) being indorsed thereou, namely: "I hereby certify that --- is a --- in Company--, Regiment--, Oregon Volun-teers ~-, and that he is entitled to the benefit of the act entitled An act for the relief of the commissioned officers and enlisted men of the Oregon volunteers in the service of the United States, approved October, 1864, and that allotment is made ac-cording to law." After the terms of enlistment shall have been served, or an honorable discharge granted, to any commissioned officer or enlisted man, a certified copy of this final statement shall be transmitted to the adjutaDli-general of this State, who shall certify on the back 6f the same the amount due under this act to the person discharged, and the secretary of state shall draw his warrant, upon the ,treasurer of state for the amount so certified, payable out of the fund thereby,created; Provided, That in case a volunteer be discharged for disability that existed at the time of his enlistment, he shall not be.entitled to the benefit of this act. SEC. 5. To enable all concerned to avail themselves of the benefits of this act, mns-tet-ont rolls of the respective companies of Oregon volunteers· shall be duly tiled in the adju1 ant-general's office of this State, and a certified copy thNeof filed in the otlice of the secretary of state. SRO. 6. For the purpose of carrying into effect the provisions of this act, and pro-viding for the fund created !Jy sectioi1 one of this act, the secretary of the State of Oregon 1:1hall cause to be prepared bonds of the State to the amount of $100,000, in ~nch sums as hereinafter provided, redeemable at the office of th,e treasurer of the 'tate on the 1st day of July, 1875. The said bonds shall bea.r interest,. payable semi-annually: at the rate of 7 per centum per year froru the elate of their fasue, which interest shall be due and payable at the office of the treasurer of the State on the 1st day of January and July of each year. Provided, That the first payment of interest shall not be made sooner than t,he 1st day of January, 1866. The said bonds shall he signed by the governor and count,ersigned by the secretary of state aud indorsed by the treasurer of stateJ. and shall have the seal of State affixed thereto. And such bonds shall be issned from time to time as may be required for use. The expense of preparing such bonds sha11 be audited as a claim on the general fund of the State. SEC, 7. Coupons for the interest shall be attached to each bond, consecutively nnm• bered, and i;igned by the treasurer of i,tate; and it shall be the duty of the secretary and treasurer of the State each to keep a separate record of all such bonds as may be issued, showing the number, date, and amount of each bond, and to whom the same was i ued. EC. . All demands against the soldiers' relief fund shall be audited by the board of military auditors in Iike- manner as other claims agamst the State are or may be di1· ct d to be audited. E . 9. On the expiration of the term of enlistment the adjutant-general of the State shall certify to th amount due each man under the provisions of this act; and, on the production of uch certificate, it shall be the duty of the secretary of state to issue a bond of the tatc, with coupons attached, as provided for in this act1 for such amount a'i the c ,rtificat calls for, taking his receipt for the same. aid bonds shall be paid t the r ipieut or order. • EC. 10. ~Por be payment of the principal and interest of the bonds issued under this, ct h r shall be levied and coll eted annuaUy, until the final payment or re-d mption of th sam , and in the same manner as other State revenue is or may he dir c d by law t b levi d and collected, a tax of one-half of one mill on the dollar, for they ar A. . 1 65 and 1 '6, and annually thereafter, of taxable property in thi ,'t?-t , in a.dditi n to be taxes for general State purposes, and the fund derived from bi ta.x ball h t apart and appliecl to the payment of the interest accruing on the h ud b rein pr vided for, and th final red mption of the principal of said. bond ; ~uul the f ith of th tat f r goo is h reby pledged for the payment of the bonds 1. n d b Yirtn of thi act, and th int re t thereon, and, if necessary, to provide th r and ampl m n for he pa, m nt thereof. P.C. 11. \ b n~v r on th 1 t day of J:rnuary or July, 1 66, or upon the 1 t day of J. nuary or J_ul many ub qnent year th re ball r main a urplus, after the pay-uwnt, of h int r ta hereinh for pr vided, of 10,000 or more in th fund creatPd hy th tenth ct.ion of hi act it hall h tho dnty of th tr a urer to adverti iu n ~ !!p P r puhli h ve been under frequent ob-ligations to General Alvord for the lively interest manifested for the military ,,f this State and affording me every information in his power whenever asked for of him. Oregon should have at least 1,000 additional stand of small arms, 500 sets of cavalry arms and accouterments and one full battery of rifled cannon and camp equipage for a.t least two thousand men, for should occasion reqbire to call a force iuto the field this latter requjsition would be indispensable, as no camp equipage of any kind is in the possession of the State. Of the old arms that were scattered throughout the State I have succeeded in accounting for 205 muskets and 4 6-p,ounder cannon, as will be seen by the schedule of arms herewith attached. That many more are yet unaccounted for I have every reason to believe, and I sbaJl continue to use my best endeavors to hunt them up. Several hundred steel-barreled yaugers were distributed to, or taken possession of by, the citizens of Marion County, or other county officers of that county in relation to them. The county of Multnomah has a quantity of arms in the hands of her citfaens yet unaccounted for, which will, I presume, be returned to the State. As you are welJ aware that on the 8th of January last I was called, by special order from your excellency, to assist you in openiug rncruiting offices and attending to other busine sin connection with raising the six additional companies to fill up the First Regiment Cav-alry, Oregon Volunteers, and for four months my time was continually occupied in that line, for whi, h I have received no additional salary, my traveling expenses only having been paid; and the services of Maj. W. H. Shields as assistant adjutant-general at Portland for the space of three months as yet re-main unsettled, all of which I would suggest to your excellency be paid from the in-coming military fund. The law evidently never contemplated that the adjutant-general should do such extra duty on the low salary of $800 per annum, as the law provides additional pay to parties in actual service. Thus far I have employed no clerks or other assistance in my office, but have performed all the labor in connection therewith with my own hands. · In conclu ion allow me to say that I hav every reason to hope and believe that the peopl of Oregon are moving in this ruat er, and that with the proper discharge of th duties of the commis ioned officers of tho St1',te and with the continuation of the fo terin r ar of your excellency a laudable mmtary spirit will be engendered and r gon,wil~ be a people of whom you may well feel proud. All of which is ruo t respect,fnlly snbmitted. I am, ir, your excellency's obedient servant, CYRUS A. REED, .Lidjutant-GMeral of the State of Oregon. K'l-IIBIT O. 71. ..:ldjulant-G-eneral's report (or the year 1864. E. "EB L HEADQ ARTER , STATE 0.1!' OREG0 , DJUTA T-GENERil' OFFICE, T GIBB, Salem, S plernber, 1 4. ta Oregon: r bmit h r with th aonnal report of thiR office, Rhowing-r · of tb ouunis ioned officer of the Firnt U giment of t mu t r cl into the Unit d tates rvice, together with and the condition of the regiment at the present date; CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. 97 also the casualties of the regiment during the past year as per reports on file in this office, and an appendix showing the number of veteran volunteers. Scliedule B.-A roster of the commissioned officers of the detachment of cavalry raised for four months' service under proclamation of Governor Gibbs, per request of Brigadier-General B. Alvord, under the date of June 10, 1864, together with the names of the enlisted men. Third, Sohedule 0.-A report of the Division Oregon Militia for the year 1864. Fourth, Schedule D.-A condensed statement of the enrolled militia of the State, in-cluding the report of the enrollment by Capt. J. M. Keeler, provost-marshal. Fifth, Schedule E.-A statement showing the total amount of arms, ammunition, ordinance, ancl ordinance stores in possession of the State, and the amount received, issued, and remainin~ on hand. Sixth, Schedule F.-A report of the military board of auditors of the State of Oregon. While the Government of the United States is engaged in quelling a rebellion of such magmtnde as to cause the nation to shake to its very foundation, Oregon remains in a comparatively peaceful condition. The State is, however, alive to the vast interests at stake in the present struggle. During the past year, no State, comparatively, can show a record more fully devoted to the sustenance of the American Government. While the geographical position of this State denies the possibility of active co-opera-tion with the Army, it does not prevent its offering to the disabled and wounded sol-dier its many luxuries. The State has raised for its general defense, buii more partic-ularly to prevent the incursion of the Indians, a volunteer regiment of cavalry, which bas been duly mustered into the service of the United States for a period of three years. During the past year ihe troublesome nature of the Snake Indians has ren-dered it necessary for the protection of life and property that this regiment should take the field against them. On the 18th day of May, 1864, an engagement occurred on Crooked Rivtir, Oregon, between detachments of Companies B and D and a party of Indians, in which the lamented Stephen Watson, second lieutenant Company B, and privates James Markin-son and Bennett Kennedy were killed. The trouble from this quarter increasing, it was deemed necessary by the commanding general, Brigadier-General B. Alvord, to call fm Oregon Honse Journal, special session, 1865. Appendix.) 102 CALIFORNIA, OREGON, AND NtVADA STA'rE WAR CLAIMS. EXHIBI'f No. 73. Extmct of message of Governor A. C. Gibbs, dated Exec1ttive Depm·tment, Salem, Decem-ber 5, 1865. The adjutant-general's report, herewith transmitted, is so full and complete, that I deem it unnecessary for me to add more than the following suggt>stions: The incidents of the war have rendered the labors of the adjntant-geneml mnch greater than was contemplated, and he should have additional compensation. For the credit of Oregon it affords me pleasure to state that all the troops called for l>y the War Department through Major-General McDowell have been raised, and our patriotic citizens who responded to their. country's call are entitled to greater consideration when we reflect that they enlisted with less inducements in way of bounties than were held out by any other State which was raising troops at the same time. It would have been an act of great injustice to have required these volunteers to perform military service, in which all were alike interested, for $17 a month in cur-rency, without additional bounties. 'fhe bounties should have been greater irn1tead of less. The law provided two classes of bonds for this purpose, one class redeema-able in ten years and the other in twenty. The aggreate amount directed to be is-sued has been greatly misrepresented. 'l'he aggregate bonds of each class issued is as follows: Additional-pay bonds ................•...•.•...••••....•............... $58,799.16 Bounty bonds ... _ ..... _...... . . . . . . . . . . . . . . . . . . . . . • • • . . • . . . . • • • . . . . . . . . 37,900.00 The probable amount to be iesued...... • • • • • • • • • • . . . . • . . • • • • . . . . . . . . . . . . 8,200. tJO Total ...•••••••••.••••.••• _.. • . • • • • . . • • • • • • • • • •. • . • . . . . • • . . . . . . . . . 104,899.16 ADDISON C. GIBBS. EXHIBIT No. 74. Oregon Volunteer Cavalt-.lJ, First Regime11t (Battalion of). (This regiment, composed of seven companies, was organized in the State of Oregon at large from November 21, 1861, to August 10, 1863, to 1:1erve t.hree years. The original members (except veterans) were mustered ont as their term of service expired, an~ the organization, e:omposed of veterans and recruits, consolidated into a bat-talion of four cowpame1:1 (A, B, C, and G) July 18, 1865. It was mustered out by companies at different elates from May 26, to November 20, 1866.) List of battles, etc., in which this regiment participated, showing loss reported in each: "Harney Lake Valley," (Co. D) missing, E. M., 3. "Crooked River," killed, 0. 1, E. M. 2; wonnd d, E. M., 5. "John Day's River," no loss. "South Fork John Day's Rive1/' (G) wounded, E. M., 4. "Malheur River," (A and B) killed, E. M., 2. (From page 37t5 Volunteer Army Register, 1861 to 1865, part Vll.) Oregon Volunteer Infantry, First Regiment .• (Thi regiment was organized in the State of Oregon at large, from November 11, 1 64. to Jauual'.Y 2, 1 65, to s rve one and three years. It was mustered out of ser-vic. by compani sat dif~ r nt dates from October 31, 1 65, to July 19, 1867.) L1 t of ba.ttle. in which this regiment participa.ted, showing loss reported in each: "Harney Lake Vall y," (Companies F and H) wounded, E. M., 2. (Prom page 377, olnut r Army R gister, 1 61 to 1865, Part VJI.) , rn: 11 I t ExmBIT No. 75 . .Acljulant-General's report for l 65-'66. I fIEADQ AHTER , , TATE F OREGON, ADJ TA T-GF. .. ERAL' OFFICE, Salen~, Septer.iber l, 1866. rcgon: i tin, th r port of the tran actions of this depart-h uld have b n bl to h e exhibited the entire CALIFOR IA, OREGON, AND NEVADA STATE WAR CLAIMS. 103 closing up of the issuing of State bonds and bount~es, but there yet remains two companies to be mustered out, Company B, of the First Orego_n ~avalry, a1:d Com-pany I of the J<,irst Oreo-on Infantry. These companies are st1ll m the ser~ice, and may n~t be mustered out for some time. Could this have been don~, this report would have contained the entire transactio~s of the Stat~ of Oref?on _with her t_roops during the war of the rebellion. The details of the busmess of this office will be found by the following fo1ts of schedules herewith appended. (Schedules a!ld de-tailed reports of' officers voluminous, and omitted in this volume, as the adJutant-general's report in full is published in a separate volume.) . Tlte Oregon volm1teera.-While it is true that the citizens of Oregon have b~en ~ighly favored by being so far removed from the immediate presence of war's grim visage, and but few of her sons participated in these terrible battles where "Greek meets Greek " yet it is nevertheless true that we have borne some part in the great drama; and ~hen the history of those times shall be impartially written, everr ~ol?ie!, whether be dicl service in the Army of the Potomac, in the valley of the M1ssissipp1, or bunted the savage on the desert plains of Oregon, will share equally in his coun-try's blessing. Believing the operations of our troops to be of too much val~e to be lost sight of, and feeling that permanent record should be made that would, m some degree, set forth their transactions, in the early part of the year I issued the follow-ing circular: HEADQUARTERS, STATE OF OREGON, ADJUTANT-GENERAL'S OFFICE, Salem, February 6, 1866. SIR: I desire, in my annual report for the year 1866, to make it as full and compl~te as possible. I wish it to embrace the name, residence, date of enlistment, date of discharge or death of every officer or soldier in the military service of the United States from this State who have served during the war of the rebellion with as much additional information relating to the State or of the United States service as may be of public interest. I desire to give a complete history of every company, troop, detachment, or scouting party ; also the plan, execution, or result of every campaign, engagement, or excursion of our troops; feeling assured that it has required as much patriotism to be absent from civilization to engage in frontier savage warfare, and endure the excessive hardships and privations incident thereto, as in any other call our country makes, aod that their services and deeds should become a part of the history of the State and nation. To this end, therefore, I most respectfully solicit any information upon this subject in your power to bestow; and you will please forward such information to this office, by mail or otherwise, at your earliest convenient opportunity. Very respectful1y, your obedient servant, CYRUS A. REED, .Adjutant-Geneml. 'fhis circular was sent to every commissioned officer in both the cavalry and infan-try regiments, in response to which I have partially succeeded in accomplishing my object; yet I am sorry to say that many officers that appear to me could and should have furnished me with valuable information, have failed to do so. I can conjecture no good reason for this neglect, only from the fact that most of them were mustered out of service and not in possession of suitable memoranda to do so. This, and hav-ing engaged in secular business, is the only apology I have to make; feeling under many obligations to those who have complied with my request, more especially as their labor in so doing was witbont compensation. Enough has been furnished me to show that our troops have not been idle; that a large scope of our country has been exploI'ed, which is now being settled. Under their protection a large mining co1~ntry has been clevel?ped, and millions o~ t?e precious metal brought into circa, lat1on; and ! ca1;1 say, without ~ear of contrad1ct10n. that for long and tedious marches, e~cess1ve pnvat1on and hardship, that our troops can produce as fair a record as any; still they have encountered a sufficient number of hostile Indians in every conceiv-3:ble r_>hase ?f attack to demonstra.te bow ready and willing they are to imperil their lives m then country's cause. And in presenting the following communications I f~el as ured that they will be read with a lively interest wherever this report shall circulate. And I would most especially call attention to the able and interesting rcpor~ of Col. Geor~e B. Currey, First Regiment Oregon Infantry Volunteers, formerly captam commandi~g Company E, Pirst Oregon Cavalry Volunteers, giving an ac-count of the operations of Company E of the cavalry, while he was in command of that company. There can be no doubt but that the colonel's plan of fighting Indians is the cor-rect one, at?d I am pleased to learn that the War Department has recently adopted t~e ~uggesti_on macle by J:lirn; tba~ is, employing a number of friendly Indians to as-sist 10 h~ntmg and :fightmg hostile ones. By so doing a double object is secured. The Indians employed become attached to us by association and participation, and 104 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. are thus easily brought under discipline, ,one of the first requisitions in bringing them to a state of civilization. The second benefit thus '.1fforded is the facility to punish hoi;tile Indians, favoring our own troops, and thereby sooner bdnging nuder subjec-tion those marauding bands that hover around our frontiers. I would a.lso call atten-tion to the report -0f Capt. L. L. Williams, commanding Company H, First Oregon Volunteer Infantry. It will be observed that the operations of his company were performed in the deae kept np; insubordination creeps in and makes them more like a set of railroad hands than soldiers. The ration that a man drills and stands guard on becomes too little when he chops cord-wood or rakes hay. A man is excusable for growling when he iA hungry. '' On a campai_gn I would not but that soldiers should cut roads, build brid~es, etc., to add to their comfort, efficiency, etc., but in garrison we should not require such work from soldiers. Yet the practice is kept up and sustained on the plea of econ-omy. It ma be economy. It would be if I should hire and bind you to sort lace and then force you dig potatoes instead. A great Government like ours should not practice sncli economy. Other nations turn out model soldiers and so can we, but not of tho e from the hay-fields." I have no don bt but that the practice of compelling soldiers to do such work is highly dotrim ntal to the service. Men enlist in the Army of the United States to fight for their country. 'l'bey receive but $l6 per mouth and find, w"tien once they a.r bound fa tin the iron role of the service, that they are compelled to go into the w d with n • in hand and into the meadows with cythe and bay rake and do a farm r a and wood-chopp r's work, and being poorly f>d and still more poorly paid, th re is no , onder that the oldier will soou learn to curse the s rvice that treats liim o, a w 11 as th offic rs immediately in command of him. And I can not close h 1· mark wi hont · llnding to a feelin~ of disaffection that has to a con iderable xt •nt ·i t •f_o11r claily cluca.tion bat we ow cl thi for the a.ke f onr , If h mpnm . w r all rai g by v lnotary enli t,m nt in tim f I a much the 1J tt r · o hcrwi:;e 1 tit be by all tmcnt, and let the CALIFORNIA, OREGON, AND ~EVADA STATE WAR CLAIMS. 107 ;,o1rlier understand at t.he time of Ms enrollment that in times of peac(: or war that he '3is alike subject to a,11 commands of his superiors, or any _de~a?d his country ma_y make. And when iu camp for drill purposes only, let the d1sc1phne be the same as 1f an enemy were in front with their pickets posted. . . The details of such a law would be too extensive for this report. I have~ law which I have prepared with considerable care, embracing these features, which I would 1.,e o-lad to furnish for the consideration of our legislature about 1o convene, and I most ardently hope tl.Jat they will not a9-jonrn without taking action in this matter. I will grant you that it will be better if Congress would pass s1~0h a law, fort hen it woultl. l,e of equal value everywhere in the. United St,ates. But 1t has not, it may uot., nnd for this reason we should not delay. . If the law we make should be at any time suspende olJtain theil: bonds, has not left me_an hour that I could call my own. 'l'bo is-suing of nearly $300!000 iu ~ertificates varying from $io to $180 each1 every one of which has its proper register 11nd numbei' made from the rolls on file in the office, all 0£ which are reported and published1 aud subject to criticism, involves a responsi-bility not altogether appreciated, and I have 1w doubt the legislature will consif Oregon: SECTION 1. 'rhat the sum of $500 be paid out of any moneys in the treasury not otherwise appropriated to the adjutant-general of Oregon for extra labor alread,v per-formed. This amount ($500) was thankfully received, yet it was known to t,bat body that I bad paid out of my own pocket some $1,200; but as this bill passed almost unani-mously, I feel assured I shall be suitably re-imbursed the coming session. I should re-ceive, at least, $1,500 or $2,000 to make me whole. It will be seen lJy refereuce to the schedule, that there bas been expended of tlrn military fund, under the direction of the boar0unties to volunteers provides as follows: '' EC. 5. 'l'he payment of bounties at the time of enlistment shall be made upon the certificate of the officer mustering in the enliRted men," etc. nd r the provi ions of this section, First Lieut. William Kapns, Uuitecl States mustering officer, sign d certificates for nearly a thousand men, and I here insert the fo;l winier letter received by your excellency from him, as it sets fort,h his claims in a fair _and ucid mann r; and I am of the opinion tbat he should receive some remun-eration for the work done. I do not believe it is in the province of the legislature to imp a ond to volunteer ...... _ •.. _. _ ....•••.. _ •••..•• _ •. , 129,041. 02 Int r t th r on to Sept mber 1, 1883 ....... __ ....•• _ •... _.. 62,466.45 ----- 191,507.47 lief bond to officers and men ... __ .... __ ••.•• _.. • . . . • . • . • 90, 392. 99 Int r thfr on t r empti n .............•••••••••••••••. 44,745.20 ----- 135, 128.191 I?.artment . . . . . • • • . • . . . • • . . 9, 731. 3' l.1,635.5 21,365.91, t 1. •••. : ·•·••• ................................................ 390, 0.10' act of July 27, 1 1, be e -· ti Lie i terns for the claim ''for· n d postal xp nses" appear: t purpo , or home guard;-CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. ~ 121 :not mustered and received into or actually employed in the services of the United States at the request or under.the authority of the President and Se~retary of War; many of the vouchers show this. It also appears by a report of the AdJntant-Generalt U.S. Army, dated March 7, 1888.(herevntb), that only one regi~rient .of cavalry, one regiment of infantry, and one mde~endent company, were raised m the Sta.te of Oregon during the war of the rebellion, and that the expenses thereto were paid by th~ United States dishnrsing officers stationed at Portlandt Oregon, and San -Fran-cisco, Cal., out of the appropriation for collecting, drilling, and organizing volunteers~ There is no evidence that the expenses mentioned above for "pay of troops, etc.," or any part thereof, were for any of the organizations named in the report of the Adj utan t-Generu.1. . Passing to the items of claims for re-imbursement on account of bounty and relief bonds issued to volunteers (bounty), I do not find that Congress has made any provis-ion for the rep~yment of this class of claims. Such bounties as were authorized by law were paid by the United States directly to the men authorized to receive them. It will be seen from the tabulated statement that the State of Oregon claims re-im-bursement on account of interest amounting to $132,18:3.29. In respect to the charge of interest, it is sufficient to say that, as the United States is not liable to the State for any part of the principal upon which the interest is computed, there can be no possible ground for a claim for interest. But even upou sums due by the United States inter-est is not allowable, unless when specially provided for by an act of Congress. The act of July 27, 1861, made no such provision, and interest has never been allowe.d. to any State upon any war claim unless under express statute. The entire amount of this claim, viz, $390,820.10, is therefore disallowed, and certi-fied to the Second Comptrolier for his action thereon. JOHN S. WILLIAMS, .Audito1·. Hon. SIGOURNEY BUTLER, Second Comptroller. [Exhibit No. 81-Continued.] DIFFERENCES. [War claim, State of Oregon, second installment, act July 27, 1861.J The examination of the claim of the State of Oregon shows as follows : .Absf1•act A, volume 1 to 17.-Disallowed. Claim is for amount paid by the State for services of Company A, l!,irstRegimen . ., First Brigade, and other organizations of Oregon militia in camp drill at State agri-cultural fair grounds, Dead Indian Prairie, and other places, and at various times during the years 1863, 1864, and 1865, and also amounts advanced as premiums to best-dri1led companies in a competitive drill, in all $9,907. Such expenses are not recognized as proper charges for re-imbursement under provisions of the act of July 27, 1861. (12 Stat., :t76.) There is no evidence that the organizations named in the accompanying abstract and vouchers were musterec1 and received into, or actually employed in, the service of t,he United States, at the request or under the authority of the President or S~c-retary of War. On the other hand it appears from a communication from the Adju-tant-General, U. S. Army, dated March 7, 1888, that the militia referred to were not received into or actually employed in the service of the United States. The expenses incurred appeared to have been in maintaining State troops for State purposes, or home guard. (See rule 2· of the rules for the preparation and settlement of State war claims, under act of Congress approved July 27, 1861.) $9,907. .Abs.t-ract B, vo·uchers 1 to 51.-Disallowed. Claim is fo1 co.st of miscellaneous supplies, such as arms, ammunition, camp equip-age, forage, stationery, etc. It appears by a report of the Adjutant-General, U. S . .(lrmy, date March _7, 1888 (herewith), that one re_gime?t of cavalry, one regiment of mfantry, and one mdependent company were raised m the State of Oregon during the. late war of ~he r~bellion, and th~t the expenses incident thereto were paid by Umted States d1sbursmg officers, stationed at Portland, Oregon, and San Francisco Cal., O}lt of the appropriation for collecting, drilling, and organizing volunteers: There 1s no evidence that the expenses incurred for supplies enumerated on Abstract B and vouchers therewith, or any part thereof, were for the organization named in the report of the Adjuta~t~~eneral. Indeed many of the charges are shown to have on account _of Oregon m!ht1a, not mustered and received into or actua.lly employed in the service of the Umted States, at the request or under the authority of the Presi-122 CALIFOR IA, OREGON, AND NEV-ADA STATE WAR CLAIMS. dent or S cretary of War. The item therefore does not form a proper charge for r . imbur ement under act of July 27; 1 61. . ',998.46. .Abstract C, Vouchers 1 to 33.-Disallowed. Claim is for transportation on ordnance, tents, stationery, tc. The item does not form a proper charge for re-imbursement for reasons st,ated above, Abstract B anu vouchers 1 to 51. 724.42. .Abstmct D, Vouchers 1 to 30.-Disallowed. Claim is for services rendered by various parties making tents, cleaning gnns, printing, etc. The item does not form a proper charge for re-imbursement for reasons stated above, Abstract B and vouchers 1 to Gl. $2,276.63. .Abst,·act E, Vouche1·s 1 to 14.-Disallowed. Claim is for services in adjutant-general's office, clerk hire, etc. The item does not form a proper charge for re-imbursement for reasons stated above, Ab tract H, vouchers 1 to 51. $805.66. .Abstract F, Vouchers 1 to 12.-Disallowed. Claim is for postal expenses adjutant-general's office, stamps and box-rent. The item does not form a proper cbargo for re-imbursement for rJasons stated above, Ab-stract B, voucher 1. $121.72. Account cun·ent, Item, G.-Disallowed. Claim is for interest on $17,836.89. Total expenditure on Abstracts A, B, C, D, E, and F to ept mber 1, 1 3. Tho United States does not pay interest, except in cas s wb re Co11gress bas autborize and the prices of labor and material on th Pacific coast, under the then existing Jaws of supply and demand, were of neces ity greatly in excess of the amounts allowed and paid by the United tates to her army serving in that locality. Senate bill No. 3119 includes the ludiau war claims of California of elate prior to April 15, 1861, which are unadjusted for want of a statute under which they can be settled, the provisions of the a.ct of June 27, 1 2, being limited to claims arising subsequent to April 15, 1861. The evid nee i!:l ample that the two States referred to incurred the expen es for which they claim re-imbur ement, and the bill under consideration would afford them ample reli ffor the class of claims they present. The amounts of the claims of Oregon and California included in the proposed bill are a follows: · Or ~on, in ·ludiug interest .. _... . . . . • . . . • • . • . • • • • . • . • • . . . . . . . . . . . • • •• . 390, 20. 10 ahforoia (r b lfion), without intere t .. _ •..• _ ...•...........••...... 2, 938, 623. 7'}, Indian war bonds and liabilities, California··-·-···············-····· 335,0 6. Indian war claims, Oa,Jifornia, between 1850 and 1861................. 169,470.24 Th tiou. Very respe •tfully, your obedient servant, . 3,834,000.94 'ECRETARY OF WAR, JAMES BIDDLE, Lieut nant-Colonel Fifth Cavafry, Senior Examiner. ExmBIT o. 2 (Part 4 ). TREA RY DEPART rn T, June 21, 1 munication of the 13th instant, transmitting Senate bill act for th b nefit of the States of Te:xa , olorado, Kan a , and ev da, ancl the Territories of , a hlng-b n a T rritor ," I hav he honor to inclo e copy of r ln the "latter, of the 19th instant, for your informa.-PIT IA" EY, '01111titt 01 iz-tary {fairs, U. 8. Senate. C. S. F AIRCJIJLD, creta1·11, CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. 127 EXHIBIT No. 82 (Part 5). THIRD AUDITOR'S OFFICE, Washington, D. C., _June 19, 1888. Sm: I have the honor to return herewith Senate bill No. 3119, "Amendatory of the act for the benefit of the States of Texas, Colorado, Oregon, Nebraska, Califor-nia, Kansas, and Nevada and the Territories of Washington and Idaho, and Nevada when a Territory," referred by you to me for report, and to state that the only new -features which the amenument proposes to introduce seems to be as follows: _ The original act limited the re-imbursement to be made to the ten· States and Ter-ritories to the rates paid by the United States for services and supplies at the same time and places, and made no provision for the allowance of interest . . The amendment proposes in respect to on1y two of the States (California and Ore-gon) to allow the rates actually paid by the two States and to allow interest. In-regard to the policy of passing the amennment in behalf of any .of the ten States and Territories, or of discriminating in favor of two of the States, I do not consider that it is within the province of the 'fhird Auditor to express an opinion. Very respectfully, · Hon. c. s. FAIRCHILD, Secretary of the Treasury. EXHIBIT No. ~ (Part 6). JNO, S. WILLIAMS, Auditor. TREASURY DEPARTMENT, June 23, 1888. Sm: Referring to your communication of the 13t,h instant, inclosing Senate bill 2440, ":For the relief of the State of Oregon," and a proposed amendment thereto, and inviting any suggestions or recommendations thereon the Department may have to make, I have the honor to inclose herewith copy of a letter of the Third Auditor of the 22d instant upon the subject for your information. Respectfully yours, C. S. FAIRCHILD, Secreta1'y. Hon. JOSEPH R. HAWLEY, • Chairman Committee an Military Affairs, U. S. Senate. EXHIBil' No. 82 (Part 7. THIRD AUDITOR'S OFFICE, Washington, D. C., June 22, 1888. Sm: I have the honor to return herewith Senate bill No. 24-40, "E'or the relief of the State of Oregon," witl! au amendment that the provisions of the bill be extended and made to apply to the States of CfLlifornia and Nevada, and to Nevada when a Territory, referred on the 14th instant to me for report, and to state, that the act of June 27, 1882 (22 Stat., 111), authorizes examination and report to Congress the amount of all claims of the States named, and Nevada when a Territory, for the moneys expended and indebtedness assumed in repelling invasions and suppressing Indian hostilities, to be adjusted at the r~tes paid by the United States for similar services and supplies, for the same time and places, in the U. S. Army. In addition to t,he claims authorized by the act of 1882 to be examined and re-ported upon, it is proposed in the inclosed bill as amended to extend the re-imburse-ment so as to include the amount of moneys which it is claimed the States of Cali-fornia, Nevada, and Oregon, and Nevada when a Territory, expended on account of all pay (including bounty and relief) to their volunteers, and interest on the amounts allowed from the time of payment, togeth8r with interest on the bounty and relief bonds. In my opinion, it is not within the province of the Third Auditor to advise · Con-gress as to the policy to be pursued in these respects. Very respectfully, Hon. C. s. FAIRCHILD, Secretary of the Treasury. JNO, S, .WILLIAMS, Auditor. 128 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. EXHIBIT No. 82 (Part 8). [Extract.] WAR DEPARTMENT, OFFICE STA'J;E AND TERRITORIAL w AR CLAIMS, Washington, D. C., January: 7, 1888. SIR: I have the honor to return herewith Senate bill No. 215, with the following treport: The purposes of this bill may be stated as follows : First. By amending section 2 of the act of August 4, 1886, in the way proposed, 1provision is made for an examination of the claims of certain States and Territories named in this bill, which arose under the act of July 27, 1861 (12 Stats., 276), in tho manner prescribed in the act of June 27, 1882, i. e., by the Secretary of War, assisted by three army officers. If this change is made by Congress the claims of the States of Oregon and Cali-:fornia, presented under the act of July 27, 1861, can be examined and reported upon \by the Secretary of War, and the army officers detailed to assist him. To the State of Oregon the act of August 4, 1886, is a dead letter, because her ,claims arise under the act of July 27, 1861. The same is true in regard to·the State •of California, if we except the small claim for the Humboldt Indian war, now being ,examined under the provisions of the acts of 1882 and 1886. An examination of the history of the enactment by Congress of the act of June 27, il.882, will show that the delegations in Congress from Oregon and California earnestly :advocated or supported that measure. It is believed that they considered the pro--visions of this act (1882) would meet all the requirements necessary to secure an tinvestigation of the claims of their respective States. The fact is, that neither the act of 1861 nor that of 1882 is exactly suited to that ,class of claims presented by Oregon ane, aucl the same is hereby, allowed to each recruit so enlisted. * ,. *. ( l!.,rom U. S. Stat., vol. 9, p. 438.) EXHIBIT NO. 86. No. XXV.-Concurrent 1·esolution. [Adopted March 17, 1866.] Whereas it has been represented to us, and we believe correctly, that the Califotnia volunteers who served the General Government in the Territories of Utah, Arizona, and New Mexico with honor to themselves and credit to the State during the lat~ rebellion were, at the expiration of their term of service, contrary to their will and desire, discharged in those Territories, at from fifteen hundred to two thousand miles from their homes and places of enlistment aml were denied either rations or trans-portation and compelled to accept from sixty-three to one hundred and twenty-five dol-lars (according to distance) in lieu thereof; and whereas the necessary outfit for the return of these men through a country infested by hostile Indians and at a time when provisions and other equipments necessary to the journey were to be had only at ex-orbitant prices caused them to expend from four to five hundred dollars each in order to reach-their homes, an amount of at least three hundred dollars over and above the-amount received for mileage and transportation; and whereas it has heretofore been the policy of the Government to discharge the volunteer at the place of enlistment, and a pledge was made to these soldiers when they enlisted that they should be so discharged; therefore I be it Resolved by the assembly, the senate concurring, That in view of the foregoing facts we earnestly requel:!t that . the General Government award to these soldiers of the Union so discharged as aforesaid the sum of three hundred dollars each as payment for their actual expenses in returning to their homes and places of enlistment. Resolved, That our Senators and Representatives in Congress are hereby instructed and requested to use their influence and earnest endeavors to procure the passage of an act by Congress carrying into effect the above resolution. • .Resolved, That his excellency the governor is hereby requested to furnish each of our Senato~s and Representatives in Congress with a copy of the foregoing preamble _ and resolutions. EXHIBIT No. 87. No. IV.-Concurrent re1JOlution. (Approved February 19, 1868.] Whereas th_e First Battalion o~ Mountaineers, Cali f~rrria Infantry Volunteers, com-manded by Lieut. Col. S. G. Whipple, were mustered mto the service of the United States on ·the 22d day of June, A. D. 1863, and ":ere received by the United States G:o~ernment as~ part ?ftl~e 'luota of troops r~quired of _California during the late c1v1l war and did service for the Government m suppressrng Indian disturbances in the counties of Humboldt, Trinity, Klamttth, and Del Norte in the vears 1863 and 1864 and 1865, aud that while so engaged. at said service the said battalion were fed armed, and paid by the General Goverument and m all respects were regarded aml treated by the Government as a part of the volunteer force at that time in the United ~tates se~vice; and whereas it ~as be~n decide~ by th~ War Department at Wash-rngton C1~y t~a~ th~ men co_mposmg this a_for~sa1d b_a~tahon are not entitled to bounty, thereby d1scr1mmatmg agamst those meritorious c1t1zeu-soldiers: Therefore, . Resolved by the assembly, the s~nate concurring, That our S~nators in Congress be mstruc~ed and our Representatives requested to take such proper action, by bill or otherw1~e, as may _seem_ best, to have the men who composed the said First Battalion Mountameers, _Cabforma Infantry Volnnteers, placed on the same footing with other volunteer soldiers. Resolved, That bis_ excellency Governor H. H. H~ight be requested to forward a, copy of these resolutions ·to each of our Representat1 ves and Senators in Congress. 132 CALIFORNIA, OREGON, AND NEVADA STATE WAR CLAIMS. EXHIBIT No. 88·. No. XVIII.-Meniorial concerning the payment of damages by the U1iited States do11e by Indians in eighteen hundred and sixty-one, eighteen hundred and sixty-two, and eighteell hu1idred and sixty-three, in the countits of Humboldt, Klamath, Trinity Del Norte, etc. (Adopted March 27, 1868.J The memorial of the legislature of the State of California to the Congress of the United States of America respectfully represents : That the United States Government bas failed, in the years of our Lord eighteen hundred and sixty-one, eighteen hundred and sixty-two, eighteen hundred and sixty-three, and eighteen hundred and sixty-four, to protect the citizens of Humboldt, Klam-ath, Del Norte, and Trinity from the violence of the Indians of that quarter of the State, and that many lives were lost during the period named of some of the best citizens of the State, for which recompense is not possible. It is further represented that during tbe time uarned a large amount of property was destroyed by these Indians. It is believed that the property so lost waa of tho value of $150,000. This memorial respectfully asks that steps Le authorized and taken hy the General Government to ascertain the amount of pro1:1erty so destroyed in the period named, wLh the names of owners, date of destruction, and other proper information relative thereto, to the end that the parties in interest may be re-imbursed. Tho direct proof of what is here alleged can be easily afl:clrded, but a difficulty is felt in having no tribunal or authority to take such proof. EXHIBIT No. 89. No. XX VII.-Senate joint resolution No. 4, relati'l:e to ar17k8 issited to the State of Cal. ifornia by the United States Government. [Adopted F~brua1y 3, 1872.) Whereas a certain quantity of arms, valued at nearly $300,::J00, was issued to the State of Califoruia-by the Gellcral Government during the late civil war for the main-tenance of the Government and the preservation of the Union; aucl Whereas the said arms at the time of issue were of inferior quality and pattern, and very shortly afte.r the receipt of sawe by the proper State otlicers some of the arm and runnitions of war were dest-royed by fire at Sacramento City, which :fire was du to iuc udial'ism, and large sums of money were expended by the State for the purpose of r toring aid arms, etc.; aud · Wher a the, tate had these arms charged to her ~ccount of annual quota of arms luo nod r act of Congress of date Apd I 23, 180 ; and Wb reas 1:1om relief is n ccssary, as it will take many years for the anrrual amount er di t •cl to the ::Hate of California to balance this large extrn expenditure: Therefor , be i Re8ol ell by tlt Mnate, the assembly co11ourri11g, That our Senators in Congress be iu-strnC't d and our l pr 'S uta.tives requested to immediately tako such proper action, by bill or otberwi.· , a may eem best, to have tL State of Cnliforoia relieved from thi!i d ·ht, an1l t hav all arms i sued to our said Irate during tbe law civil war cred-it y 'rreasury Depart- 15 ment ............•••• • •............•.• __ ••.•• _ ..........•••.. _.. . . . . 15 137 138 INDEX. Committee, Senate Military: Report of, in 1882 ..••••••••••••••••••••••••••••••••••••••••••• _ •••••••• Views of, in 1884, of act of June 27, 1882 ....••••••••••••••••••••••••• _ •• Views and conclusions in 1888, submitted to, ...•••....••••...•••....••• Recommendations of, in 1888, submitted to ......•••.••••.....••.....••. Congress: Proceedings of, in 1881, to pay California, Oregon and Nevada State war cl aims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......•••............... ~ ..... Resolution in 1881 by Senator Grover, State war claims ........••....•.. Resolutions in 1881 by Senator Pair, State war claims .............••.•. Action of, June 27, 1882i State war claims ......•..•. · .......•........... Action of, August 4, 1886, State war claims ..................•..•....•.. California: Rebellion war claims aggregates $2,938,623.72 ..••••••••.•.••••••••••••• Rebellion claim now before Secretary of War but not adjudicated ......• Results of legislatfon by .............................................. . Prock1mation of Governor Downey, of .........................•... ~ _ •. Proclamation of Governor Low, of ....•.............................•.• Proclamation of Governor Stanford, of ..............••................• Special camps for military instructions during rebellion recommended .•. No special camps therein for military instruction prior to late rebellion. No special camps therein for military instruction subsequent to late re-bel lion ...............•.........••....................•.............. Additional legislation needed by, in California, Oregon, and Nevada war claims .....•........................................................ Cleveland, Grover, President, submits to Senate copy of Secretary Sew-ard's circn I a1· letter .................................... - ..........•. Loyalty of .................................................••••....... Condition of rendering call for volunteers necessary ........•...•••..... Jt'irst call upon, for volunteers ...... ; ..............•.....•..........•.. Second call npon, foi· volunteers ......•.•.............................. Third ca11 upon, for volnnteers .............•...........•.............. .F'onrtb call upon, for volunteers .............................•••....... Fifth call npon, for volunteers ...............................•.....••. -Sixth call upon, for volunteers ....................................... . Seventh call upon, for volunteers ...................................•.. Eighth call upon, for volunteers. _____ ........................... . .... . Uonstitutiou, of California, Oregon, and Nevada limits as to debts exceeded for the benefit of the United States ... ., ............................ . Columbia River, England's right to navigate as guarantied by treaty .. California, Oregon, and Nevada's war governors, responsibilities and du-ties of .............................................••.......... . •... Conclu ionH in 1888 on California, Oregon, and Nevada War Claims ..... Controller of California, reports by, on California war claims ...••..... Common defense s cured by ...•......................•.............•.. C:tlifornia, tate war claims prese11tod by John Mullan, State Agent and onns l for, to Uuited States authorities ........................•....• Cosby, •orge B., General, Adjutant-genera.I of California ...........•.• D Dnnn, .Tolm, Ilon., controller of California .............................•.. D' · California, Or gon, aud evacla to present their State war ··---· ·----- ................... ·----· ··-······- ------ ..... -----· 'alifornia: f ....•.... - ... - - - ••. - • - -•.••• -•. - • - - ••• - - - • - • -- . - ••. - - • -- .......... ····-· .......... ·---·· ................ -·---· ---- ----· · ·----------····-···----------···--·-·-- ................... . r er ta.ry eward's cir •ular l tter ......•.••..•••. tion for. . . . . . . . . . . . . . . . . . • . . . . . .•...........• -- . .................. ---- ·----- -·-··· ........... ·----- .... . ..... -----· -----· ·----- ------ ................ . ati n of Californfa, Or gon, and evada .......... - .. - ... - .. -...... - .. - ....... - -........... --ion h: .................... -.. -.. hill :1 · introcln b ..........• l,illJ--11 inr .•••••••• Page. 19 21 28 28 18 18 18 19 21 11 23 16 3 11 7 6, 41 13 13 23 4 2 2 3 3 7 7 7 7 10 11 20 25 26 28 12 28 20 20 20 18 3 3 4 4 7 44 47 20 4 1 1 1 INDEX. E. Enrollment of volunteers, cost of, disallowed .............................. . Examiners State and Territorial war claims, board of: Authorized by act of Augnst 4, 18tl6 .................. - - - •••• - - ....... - -Detailed by Secretary of War .............. _ ........ __ .. __ . ____ . ___ -•.. Have bad immediate custody of :papers relating to State war claims of · California, Oregon, and Nevada. _____ ----·- ...... ·----- ______ .... ···-Want of jurisdiction to fully or equitably allow California, Oregon, and Nevada State war claims under act of June 27, 1882 __ . ___ .... _ ..•. --· \Vant of jurisdiction to allow interest nncler act of June 27, 1882 . _______ _ Want ofjnrisdiction to allow extra pay, bounty and relief, act of June 27, 1882 ......... - _ - ... - .... - ........................... _ .... - .•.••• -Want of equitable jurisdiction generally under act of June 27, 1882, and August 4, 1886 . __ . _ .. - _ - •.. __ - _._ . _ ..... ___ ... ____ .. __ . _ .. ___ - .. - - - •. Views of chief of, on California, Oregon, and Nevada State war claims_. English flag in North Pacific Ocean .. _ .......... _____ ...... _._ .. _ .. ___ . _ ... English Navy in North Pacific Ocean ........ _ .............. _ ... __ . _ ....•.. English Army on North Pacific ........................ __ .... __ .. _ ........ . Extra pay made by United States to United States troops in times of peace. Exigencies under which done ....................... _ .... ___ .... _ ...... _ Extra pay by Oregon, California, and Nffvada to their volunteers serving the United. States. Exigencies nnc1er which done .. __ .... _ .............. _ .. Earhart, R. P., Hon., secretary of state arnl ex officio adjntant-general of Oregon ....... _ ...... _ ..... _ ............... _ ......... ____ . _. _ .... __ . . . • Exhibit: 1. California, resolution Jannary 30, 1860 ..•••. ·- ___ ... ____ ....... ___ _ 2. California, resolntion May 17, 1861. ... ·-· ··-· .... ·-. __ . -··· .... -··. 3. California, resolution Mfty 17, 1861. ...... __ ....... _ .....•••••.•.• _. 4. Telegraphic requisition 11pon gover11or of California ___ ..... ·- .....• 5. Telegraphic requisition upon governor of California ... _ ... -· ...... . 6. Letter to governor of California . ., .......... _ ..•.... _ ...... __ ... _ .. 7. Proclamation of John G. Downey, governor of California. ___ ...... . 8. Proclamation of John G. Downey, governor of California ...... ·-··. 9. California State coutinp;eut .... _ .... _ .... __ ..... _ ... _. _. ___ .... _ ... 10. California Indian hostilities ........................ __ ... _ ....... __ . 11. Affidavit of Gov. J. G. Downey ................... __ ..... _. __ ...... . 12. Message from President of United States in 1888 ................... . lJ. Letter to Secretary of State of United States from Governor Downey 14. Telegram from Secret::try of War to Governor Downey _ ......... __ .. ]5. Letter from General George Wright to Governor Stanford····-·-··· 16. Telegram from Secretary of State of United States to Governor Stan-ford ....... _ . . . . . . . _ ... - - ...... -........... - - - ......•••.... - - .. 17. Letter from Brigadier-General Hebert to General Cooper._ ... _ .. ___ • 18. Extract from message of the governor of California._ ...••••.. _. __ .. 19. California, resolutions February 6, 1862._ •. ___ .. ·-·· ·-· ___ •••... ___ _ 20. California, resolutions February 24, 1862 .. _. _ ..••••. __ ....• _ •..•. _ •• 21. California, resolutions February 2f>, 186i .. ___ ..•.••.•. ____ .. ___ .••• 22. Act of California, April 4, 1864 .. __ .... __ ...... _ •...•...•••.. _ ...••• 23. Reports in favor of California encampments for military instruction 24. California, act April 26, 1862 . _ ... _ ............• __ .•..• __ •. __ . _. ___ _ 25. Letter General Ketchum to General Wright .... _. __ ....... _ .•.. _ .. . 26. Letter General Vincent to General Wright .... __ .... _ ..•.•.....•... · 27. Letter General Wright to Governor Stanford ..••... ___ ... ____ ..... . 28. Letter General Wright to Governor Stanford ... _ ...•••.. _. __ ... __ .. 29. Proclamation of Governor Stanford .............••.. __ .•........ _ .• 30. Proclamation of Governor Stanford ............. __ . _ ..... ___ ..•.••• 31. California, resolutions March 10, 1863 ..... __ • _ •• _. _ •.• __ ••.• __ .• _ •. 32. California, act April 10, 1863 ......... _ ....... __ •... _ •.••• __ •...•••. 33. California, act April 25, 1863 .. _ ••... _ ....•... _ .... __ •....•. ____ . _ .. 34. California, act April 27, 1863 .. __ •..•• _ •... __ ... ___ ........ _ ... ___ .. 35. Extracts of reports of adjutant-general of California, 1862 and. 1863 .. 36. California, resolutions Febrnary 6, 1864 ..........•....•••. ·-·--· -··· 37. California, act March 15, 1864 .... _ ...... _ .. _ ....... _ .. _ .. __ ... __ .. 38. California, resolutions April 1, 1864 .. __ .... _ .... _. _ .........•..•.•• 39. Letter from Secretary Whitney, United States Navy .......... _._ .•. 40. California, act April 4, 1864 ........... _ .. ____ ·······----· ·-----·-·· 41. Cali:(ornia, act April 4, 1~64 .... ·-· .. -·· ... -·· .... ··-· •••. ··- ..•• _ 42. California, act April 4, 1864 .• __ •... _ •. _ .....•.•••••• _ ••. _.. . • • • .. 43. California, act April 4, 1H64 ..••.•.•••.••• ···-·· ..•••. ·-·-·· ____ :::: 44. Proclamation of Governor Low ........••...•.••...•••.••.••.....•. · 139 Page. 2~,8 21 21 23 22 22 22 ~2 24 25 25 25 26 27 20 30 ~{0 30 31 :n 31 31 32 32 :33 34 35 36 37 37 37 :38 39 39 40 40 40 41 44 44 44 45 45 45 46 46 47 47 49 51 64 64 65 66 66 67 67 69 72 140 INDEX. Exhibit: 45. Proclamation of Governor Low ••••.••••.••••.••••.•••• --~- •••••••• 46. California, act March 31, 1866 ..................................... __ 47. Report adjntant-general of California, 1867 ..•••..............•••.. 48. Report controller of California, 18ti7 __ . _ .. ___ ........ _ .••.. _ ..••.• _. 49. Extracts from volunteer army register (Cal.), 1861-1865 ..........• 50. Report of controller of' California ou letter of Hon. James G. Blaiue. 51. First call for Oregon vol u uteers ............ ... ....••••.........•••. 52. Proclamation of governor of Oregon .••••......••...•....••....•••• 53. Second call for Oregon volunteers .. .............••..........•.....• 54~ Letter of Colonel Cady to governor of Oregon ...••....•.........•.• 55. Recruiting expenses of Oregon volunteers ...•.....•......•......••• 56. Oregon, memorial October 14, 18fi2 ........•.•••..••......•.......•• 57. Oregon, resolutions October 16, 1862 ......•.•.•....•..........•..... 58. Oregon, memorial October 17, 1862 ................................. . 59. O1·egon, resolutfons October, 1862 .. ................•••....... .•• .: •• 60. Extract from message of governor of Oregon, 1862 . .••...........•.. 61. Third call for Oregon volunteers ..............................•.... 62. Extracts from message of governor of Oregon, September 15, 1863 .. 63. Oregon resolutions, October 20, 1864 .. ...........•........••....... 64. Oregon, act October 21, 1864 ..... ................••................ 65. Oregon, act October 21, 1864 ..............•.••.....•........••..... 66. Oregon, act October 21, 1H64................... . .......•......•.•• 67. Oregon, act October 2;!, 1864; ............•.................•....... 68. Oregon, act October 24, 1864 . ..... .... . ....••..............•....... 69. Oregon, act October 24, 1864. _ ..............•....................... 70. Extracts from adjntant•general's report, 186:3, _Oregon .........•.... 71. Extracts from adj n tant•general's report, 1864, Oregon ........••.... 72. Extracts from adjuta_nt•general's rP-port, 1865, Oregon ............. . 7:J. Extract message governor of Oregon, December 5, 1865 ...•......... 74. Extract from volunteer army register (Oregon volnnteers) ......... . 75. Extract from report acljutant•general Oregon, 1866 .......• : •........ 76. Stations of Oregon volunteers ...... .. ...............•........•..... 77. Letter in relation to information called for by governor of Oregon .. 78. Resolutions of Senator Dolph calling for information and replies thereto in United States in regard to Oregon and California war correspondence ..•.. ... ~- ............................ ... ... ... . 78½. Sworn statement of Cyrus A. Recd, ex ailj ntant•genernl of Oregon. 79_ 5 Reso]ut!ons No. 1~, by Senator G~o_ver, December 12, 1 1. ....• •••• < Resolnt1ons No.13, Senator by I• air, December 1~, 1881. .......... . 0. War Department on Oregon war claims ..•......................•... 81. Report Tbinl Auditor, Oregon war claims ....... _ ......... ........ . 2. View of Trca ury and War Departments on California, Orc~on, and Nevada war claim ........•............. . ...•.. . _ •...........•.• 3. L tt r of ecretary Whitney referring to Pacific Coast Navy .. ..... . 4. Ex•-ract from acts of Congress .........•............•. •........•• 5. Exf racts from acts of Con!rress ........••••.......•.....••.•..... . . 6. alifornia, r olntions farch 17, I HG .• ..•••.••..•...••......•...... 7. California, r olutions 1',ebrnary 19, 1 6 ....•................. .... . . alifornia, memorial March 27. I 6 .•••••.•••••••••••••••••••••.••• 'altf. ruia.re olntion February :3, 1 72 ...•........ ·- ~· -· ...•...... r ~on,r olntion ctoher 9,1 66 ........•••.. ···~·- ............. . aliforni,, a.ct farcb 11, 1 72 ........ _ .....•••..•.••..•....••••.... Ji'. fage. 73 74 75 79 79 81 82 83 83 S'J 84 85 85 86 86 86 86 ~ f/;7 fl8 88 88 89 89 89 9:3 96 ~ 102 102 102 10~ 114 114 116 118 118 119 mo 123 l'lb 129 130 131 131 132 132 1:32 1:33 Foreign · · ii ar d by authorities of uited tates and California, 5 ron ...•••...•.............•....••.....•...••.•.••.. ..•• J h fl ·ng war of tl Ilion.............. ............ 25 h :t · g w: r > Jlion . . . . • . . . . • . . . • • ••• . . . • • • 25 J h 1 ifi · o w. r of th reb llion . . . ••• .. . • 25 I u durin th r •h llion............ . . • • • • 25 n 1 y .......... ....••...••.•.••••...•• :····· 1 n ]if mi, w, r ·lairn . .•••• .••.•. .•. ••• ..••.• .•.• 12 11 r g n , nt C'lai111 . . . . . . . . •• . . . • • • . . • • • • . . . • . . . • • • • 1:J tn 1 ~i l nr California u ar l im. . •••. ..•••. •••• 6 INDEX. Govornors of-Continued. Oregon, messages to legislature, Oregon war claims .••••..••••••••••••• Ca1ifornia's recommendation on California war claims .•••••.• -'··· •• - -·• Oregon's recommendation on Oregon war claims ...••.••••..••••••••••• General Addison C.Gibbs, governor of Ol'egon ..........•••••••••••••••••••• H. 141 Page. 14 6 14 14 Herbert, Paul O., C. S. A., letter of, to General Cooper, C. S. A.............. 5 Hallock, I. F., Hon., controller of Nevada.................................. 20 I. Indians, host,ile, on overland mail and emigrant routes ........•••••.••••••• Interest:* By California, Oregon, and Nevada, paid on warloans .......•••..•.•••• On war cl aims, preccden ts to pay ...........................••..••••.•• With principal constitutes a complete indemnity ...••.................• Principles upon which payment rests ................................•. Allowed on State war claims previonsly allowed without interest ..••••• Allowed to foreign Governments ..............................•••••.••. Allowed to Indian tribes ...........................•.........••••••••. Interest allowed on war claims to: States .......................................................•.••.•••• Counties ........•......................•.....•...............•.•.••.•• f :Jr~~f:~1~~:::::::: :: : : : : : : : : : : ~::: : : :~ : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : Interest, Senate report in favor of pa~ing, as made by: Senator Hoar .............................................•....•..•..• Senator Dolph . ........................................•...•.... : .••..• Senator Spooner ................................. · ....•....•••........• enator Jackson ......... .................................•.....•••.... enator Hampton ........... .....................................•••.. Senat.or Camerou .................. .............••..........••.•.•••. Interest, House reports in favor of paying, as made by: Judiciary Con1mittee .....................................••..•••..•••• Clai1ns Co1nroittee ............. ..............•.••..••..•.••••.•• · ••.•.. War Claims Committee...... . . . . . . . . . . . . . . . . . • ..•............••.••••. Instruction, military, camps of, recommended, and reasons for, etc .•••.. _ ••• J. 2 15 15 15 15 15 ln 15 15 15 15 15 15 -15 15 1f> 15 15 15 15 15 15 Jones, Senator, of Nevada, bill introduced by, in Senate.................... 20 K. Kansas, war claims of, allowed and paid nearly in full under act of June 27, 1882 . . . . . • . • . • . . . . . . • . . • • • • . . . . . . • . • • . . . . . . .............. .. ...... _ • • • • • • • 21 L. Lincoln, President, directs circular letter to be sent by Secretary Seward ..•• Labor, price of, in California Oregon, aud Nevada, etc .................••. Legislation by California. and Oregon, results of, to the United States ... _ •.• Low, l<'. I•'., governor of Cali1ornia ....... .............................••••• Legisla,tiou by California: In 1860 ...............•.....•...•.•....•...................•..•...••.. 1 n 1861 .•.••.........•.............•••.......•.•....•. _ •• _ , •. _ •••.••. _ In 1 62 ..•••....•.............•.•.................•...•••••..••......• In 1 63 ....•.............................•............................ In 1864 ...••••.........•....••••......•........•.... ····-· ..•.•••••••• In 1865 .............................................................. . In 1 66 ...........•............•.••..•.•.•............••...••••..••••• In 1 67 ......••.•.•••••.......... _ ...................•.•.............. In 1 6 .......................... _ ............................... ; •••. In 1 72 . . . . . . . . . . . . . . . . . . . . . . . . . ... _ ..... .................. _ ...• _ •.... 4 3 · 16 11 30 30 39,40 47-49 64-69 74 74 79 131,132 133 * Under head of interest generally, see Senate Report No. 1286, Fiftieth CongreBE1, first ession. 142 INDEX. Legislation by Oregon : . In 1862 ......•.••...•.••.•••• ~ ••••••.•.••••••...••..•••••••••••••••••• Io 1863 ....•.•.••..•••••. - •••..••.••...••..•.•.•.•.•••.••.••••.•••• _ .• In 1864 ......••• - •. - - - - - .. - - .••• - - ••.• - - •.••••. - - - ..•..••.....••.•..•• In 1865 ........•••.•• ••. ,. •• - ...••••..••••.•••.••••••••••••.....•... _ .• In 1866 .••••••• •••.••• - •. - • - ••.•.•••••• - ••••• - •.•••••..•.•.••••••••••• M. Page. 85,86 7 88 13'2 Moreland, W.W., Hon., private secretary to Governor Stoneman........... 20 Mormons, loyalty to Uni tea States suspected or doubted ..... .•.• .•.••. .•.• 2 Mail, overland, route, condition of......................................... 2 Money, United States, depreciation of, in California and Oregon............ 26 McDowell, General, U.S. Army, requisitfon of.............................. 11 Miller, John F., United States Senator, amendment to include California... 19 Mullan, John, State agent and counsel for Colifornia, Oregon, aud Nevada, presents the State war claims of said States to the authorities of the United States ........••••..... , . . . . . . . . . . . . . . . . . . . . . . . • . . . . . • . . . . • • . . . . . • . . . . . • 20 N. Navy, Secretary Welles of, order of ..............••....................••.• Navy, officers of, pay increased 33¼ per cent ...................•.•........• Navy, United States, on Pacific coast during rebellion ...••...•••.••.....•. Navy, Secret,ary Whitney, of, letters of. ................. .................. . Nevada's State war claims presented by John Mullan, agent, to U.S. authori-ties .... •..........•................. . ............ ..... . ......••••...... Nevada, Report No. 1286, oo State war claims, by Senator Stewart, made ...• Nevada, Report No. 1286, on State war claims, by Senator Stewart, authori-ties cited therein ...... · .............................................. . Nevada Sta,te war claims, amount of, $341,137.88 ..••••.•••••....••.•.....•• 0. Oregon: · Adjutant-general of, none eo nomine prior to rebellion ..............•••• Adjutant-general, office of, none eo nomine sulJse(]_nent 1o closing up the affair of the rebel! ion. . . . . . . . . . . . . . . . . . . . . _ ....................... . Adj II tant-general, ex-, sworn statement by ............... ............• Oregon, California, and Nevada voln11teers: · Kind and numbers enrolled for United States service .........•. ........ Character of service performed by .• •••....•...••.......•...••••••...•• Method of enrollment of ...................• _ ••...............•••.•••• ost for urollment of ·Califoruia .................................•.... Authority of l gislatnre to pay California ............ .•.•.•••..•••....• 1 thod of payment of California ...........................•.•. ....... Amonnt of paym nt to California ........................•... .....••••• 1fornia, and ' vada, tate war claims of: ·ity and j ustific~ttion of Congress Lo pay ... .•.•.•..• bli bed by Congress to 1>ay ..............•..• .. -. - ... - ............... --............... -.............. -...... -) ........... --..... -. -...... --.... --.. -.. --1gres .. _ .•............. _ .... .. ... _ ... . of alifornia, Oregon, ancl · vada, inop-for aid 'tal s ................•... ..••. ('d hy .........•.............................•. • 1trollerof California ...................... . ·nr r of 'alif rnia . ....... . ... •. ...• .• ... • tim: . -.......... -...... -... - ........ --.. - ... - .. - ...................... .. rnriti . hy John 1Iulla11, coun I, tc .... . utboriti ....• ...............••......... · a · lr:1 wu frorn .....•..••••..••.••. _ •••••. _ •••• _ •••. _ •• ir to I •y the United tates, under a-ct of June 27, 11'82. .. . .• •• . .••• 22 w. Wa.r m asures of alifornia, Oregon, and Nevada. reviewed in 1888 ..•••....• \Vl.11t •ak r, overnor of Or<>gon ....... ............... .................... . War: incoln's ·on t.rnc1ion fact of June 27, 1 2 .. ............. . 'udi ·ott'1:1 co11 truction ot act of June 27, 1 2 ............ .. :. e11Jcl1 :ott's de i.·ion disa.llowiug iuter t. ................... .. 'nd_i ·ott' ~l<'ci~ion dispensed with there, it will operate on the mail and emigrant Jin . om infantry companies will also be thrown forward from this sil1e of the mountaiuf! a soon a8 tran portatiou can be preparec1 and the roads are ju orde1·. In th mean time it is of rm ·h importance to keep the mail and emigrant route at of yon op n, that I wonlcl earnc tly recommend that on or two companies of cavalry be pr mptly organiz<'d :1,ncl pr pared for muster into tbe service of the Unite,l tates. It iR i · r U8 at thi. mom nt to purcba. ehorses and equipments. Each man oulc · bis own. I · ion, fora.g , <·lotl1ing, proviRions, tc.; in fact, everything alr · aptain, one fir t Jien-11 er- l'" ant, one com-t o wo farrie1 s or bla.ck-H b e r . , a T rritory oon t a ac an ifnl !Jann r, nd I 11011 Ii patriotic itizen. of th py. r p t, ·onr •x •llency most, olrndi n.t, P-rvant, rigacli ,·-<: 11eml \ RI ITT, . , . Army ( 'ommanding. J. '. KELT • , Colon l, .t1. A. G. CLAtMS 01!' 1.'HE STATE OF NEVADA. 5 NEVADA'S RESPONSE TO THE FOREGOING CALL FOR TROOPS BY THE UNITED STATES. Immediately upon the receipt of the foregoing requisition for troops the governor of Nevada issued the following proclamation: PROCLAMATION. EXECUTIVE DEPARTMENT, , .. , .Carson City, .April 24, 1863. Whereas Brigadier-General Geotge Wright, United States Army, commanding o.ffi'.' cer of the Department of the Pacific, has, by authority of the War Department called upon rue for two companies of infantry and two companies of cavalry to serve three years, or during the war: Now, therefore, I, prion Clemens, governor of the Territory of Nevada and com-mander-in-chief of the militia thereof, do hereby authorize and call upon the citizens of the Territory, as many as shall be necessary to fill up_ the preceding requisition; to immediately organize themselves into companies as required hereby. In witness whereof I have hereunto set my hand and affixed the great seal of the Territory. · Done at Carson City, Territory of Nevada, this 24th day of April, in the year of our Lord one thousand eight hundred and sixty-three. ORION CLEMENS, Secretary and .Acting Governor. In answer to these calls and requisitions of General Wright and said proclamation of the governor of Nevada four companies of cavalry were completely organized, two of which were sent to Camp Douglas, Utah Territory, for military service, and the remaining two were sent to station Fort Churchill, Nev. · SECOND CALL AND REQUISITION OF 'rHE UNITED STATES FOR NEVADA VOLUNTEERS, Thereafter General Wright ma.de a further requisition upon the gov-ernor of Nevada for two additional companies of cavalry and a regiment of infantry, as will appear from the following: HEADQUARTERS DEPARTMENT OF THE PACIFIC, San Fmncisco, December 22, 1863. Srn: The four companies of cavalry called for from the Territory of Nevada have completed their organization ; two of' the companies have reached Camp Douglas; Utah, and the remaining two are at Fort Churchill, Nev. On the representations of Governor Nye that additional troops can be raised iu Nevada, I have, under the authority conferred upon me by the War Department, called upon the governor for a regiment of infantry and two more companies of cavalry . . Very respectfully, your obedient servant, ADJUTANT-GENERAL, U.S. ARMY, Washington, D. C. G. WRIGHT, Brig. Gen., U.S. A.rmy, Commanding. WHAT WAS DONE BY NEVADA UNDER THE SECOND CALL AND REQUI-SI'fION BY 'I'HE UNITED STATES FOR NEVADA VOLUNTEERS. In response to General Wright's second requisition for troops made in the latter part of November, 1863, the governor of Nevada issued the following J>roclamation: PROCLAMA,TION, Whereas a requ~siti?n having been made upon ~e by Brig. Ge1;1. George Wright, P'· • . Army, commandrng the Department of the Pacific, for one regiment ofvolnnteer mfantry and two companies of cavalry, for service iu the employ of the General Gov-nermen t of the Un itecl States; · ow, th refore, I, James W. Nye, governor of the Territory of Nevada and com-S, Rep. 6 - 16 6 CLAIMS OF THE STATE OF NEVADA. mander-in-chief of tlie militia thereof, by virtue of the authority in me vested do issue this my proclamation, calling upon the people of this Territory to forthwith pro-ceed to organize a re.giment of infantry, consisting of ten companies, and two companies of cavalry, in full compliance of said requisition. All applicants for line officers will present themselves before the Army examining board for examination, and report to me with certificate of such examination as soon as practicable. GiYen under my hand and seal at Carson, Nev., this 4th day of December, A. D. f863. Attest: ORION CLEMENS, Seberi having rout iu January b , wh the n wbic . led 1 cl an ro . mi d on h Cou CLAIMS OF THE STATE OF NEV ADA. 7. ADDITIONAL CAUSES THAT LED TO A THIRD CALL AND REQUISITION BY THE UNITED STATES FOR NEVADA VOLUNTEERS. Congress having on July 1, 1862, chartered the Union Pacific Raii-road Company, to which, and also to the Central Pacific Railroad Oom,. pany, aid was given to build one continuous line ofrailroad from th~ Mis-souri River to the Pacific Ocean through this region of country, did, on July 2, 1864, ~till further foster these enterprises by additional grants. '..1_1hese two companies thereupon placed in the field numerous corps of SUl!veyors, civil engineers, and employes to explore said country in the effort to discover tbe most practicable and economical railroad route from the Missouri River to the Pacific, and t,0 run trial lines and defi-nitely locate the lines of the two subdivisions of said railroad route. In regard to these roads the Secretary of War, in his annual report for 1864-'65, page 144, said: It is, in a military sense, of the utmost importance that the Paci.fie Railroad should· be pressed to the earliest possible completion. Tbe exploration and location for a Pacific railroad through that re-gion of country then mostly uninhabited except by large tribes and roving bands of hostile Indians, called for additional military protec-tion and rendered it necessary for the United States to again call upon Nevada to raise additional troops. Accordingly General McDowell, commanding the Department of the Pacific, made the-foll.owing call on October 13, 1864, upon the Governor of Nevada Territory: HEADQUARTERS DEPARTMJ<~NT OF THE PACIFIC, Virginia Oity, October 13, 1864. Sm: I have the honor to acquaint you t.bat I have received authority from the War Department to call on you, from time to time, as the circumstances of the service_ may require, for not to exceed in all, at any one time, one regiment of volunteer in-fantry and one regiment of volunteer ca,valry, to be mustered into service of the United States as other volunteer regiments, under existing laws and regulations. Under this authority I have to request you will please raise, as soon as possible, enough companies of infantry to complete, with those already in service from Nevada, a foll regiment of infantry. Brigadier-General Wason will confer with you and give all the information neces-sary to details for this service. · I llavo the honor to be, governor, very respectfully, your most obedient servant, IRWIN McDOWELL, Majo1·-Gene1·al, Cornmanding Depm·trnent. His Excellency ·J.A.MES W. NYE, Govei-nor of Nevada Territo1·y. WHAT WAS DONE BY NEV ADA IN RESPONSE TO THIS CALL. · The governor of Nevada responded to this call by issuing the follow-ing proclamation: · PROCLAMATION. TERRITORY 01!' NEVADA, EXECUTIVE DEPARTMENT, Carson City, October 19, 1864 . . Whereas I have !eceivey a ~· 'port in which the following statement is made iu relation to the vlaim of tlie State of Nevada: NEVADA, It appears by the report of the Adjutant-General U. S. Army, of February 25, 1 .,, that one regiment of cavalry and oue battalion of infantry were raised in the late Territory of Nevada dnring the late war of the rebellion, and that the expenscH of rn,i ing, organizing, and placiug iu the field said forces were never paid by said Ter-ritory, but were assumed and paid by the State of Nevada,, and that none of said ex-penses so iucurrcd by said Territory, and assumed and paid by said State, have ever been re-im bm'sed the State of Nevada by the United States, and that no claims there-for have over been heretofore presented by either said Territory or said Stat,e for au-dit and payment by the United States. Under section ~489 of the Revised Statutes, herein before referred to, the payment of thesfl claims is barred by limitation. Th se forces were raised to guard the overland mail route and emigrant road to California, east of Carson City, ancl to do other military service in Nevada, and were call d out by tho governor of the late Territory of NevMfa upon requisitions therefor by th commauding general of the Department of the Pacific, ancl under authority of th War Department, as appears by copies of official correspondence furnished to your comn1ittce by the Secretary of War and the general commanding the Division of th Pacific. • * * PRE ENTATION .BY NEVADA TO TIIE UNITED STATES OF HER CLAIM. ThiH l>ill r porteu. from this committee having become a law in an am nded form on June 27, 1882, thereupon the governor a.ncl controller of the tat of evada transmitted to the Secretary of the Treasury aud e l' tary of War a detailed account of the moueys actually expended 11(.l actual indebtedness assumed and paid uy the State of Nevada 011 account of tll volunteer military force::; emo]Jed by the Territory and State of Nevada, as sLown by the books of the State controller. Thi· tat ment of the claim of evada against the U ujted States was pr par d witli great care by the proper officers of the State of Nevada, b ,ing first ubmitted by them to the legi lature thereof in printed form a th -'XP n ·e of the tate, and thereafter tran mitted, as above stated, wi l.i pr p r original vouchers any the commander-in-chief, and shall hold his office for the term of two years. He shall he ex officio chief of staff, quartermastei:-general, commissary-general, inspector-general, and chief of ordnance. He shall re-ceive a salary of $1,000 annually, to be paid out of moneys appropriated for that pur-pose. He shall reside at the seat of government, and shall keep his office open for the transaction of business every day (Sundays excepted) from 10 o'clock a. m. to 3 o'clock p. m. The minority examiner is again mistaken if he assu·med that the sec-retary of state of Nevada became ex officio adjutant-general on March 3, 1866. It is true that an act devolving the duties of adjutant-general upon the secretary of state was passed on that date, but the second section of said act provides that-This act shall take effect and be in force from and after the first day of January, 1867 (Stats. Nev., 1866, p. 206). Thus it appears that the secretary of $tate did not in fact or in law become ex officio adjutant-general until January I, 1867. The original section of the militia law of 1861 in regard to the office of adjutant-gen-eral was afterward amended, changing the length of time that officer was to hold office and increasing his salary to $2,000 per annum, but the abolishment of the office did not take effect until January, 1867. PROB.ABLY CONFOUNDING THE ACT OF JUNE 27, 1882, WITH THE ACT OP JULY 27, 1861. The minority examiner in terminating the salary of adjutant-general on August 20, 1866, undoubtedly had in mind the act of July 27 1861 aml not the act of ,June 27, 1882, under which last act alone Raid'board was autho_riz_eu to make a.n examination and award; otherwise he would not h~ve lumted the salary to Angu t 20, 1866, the end of the war of the rebel11011, a. heretofor officia!Iy declared, but would have certainly al-s. Ex. 2 - 17 • 16 CLAIMS OF THE STATE OF NEVADA. lowed ..i.: evada a r-e-imbursemeot for the money actualJy paid by her a salary to that officer until his services terminated1 and the Indian war on the plains were actually suppressed and the office of adjutant-gen-eral abolished, which was done.on December 31, 1866, since which tim either the secretary of state or lieutenant-governor has acted as ex ojJfoio adjutant-general. Attention is called to these discrepancies simply to show that the minority examiner apparently feli into error, unintentionally, of cour e, in his examination of the statutes of Nevada, or failed to con ider all the circumstances under which this claim of the State arose. The ma-jority of the board who made the same award and allowance as the minority, with the exception of $1,233.50 for salary of adjutant-general prior to the time when the troops were mustered in the service, made a very thorough examination of all the vouchers showing each item of ex-penditure made by the State, and this examination may be assumed as correct and as establishing the fact that the State expended all the moneys for which this claim is made, leaving the question as to the lfa bility of the Government to re-imburse the State to t.he discretion of Congress. There is but one item stated in the account by the board of examiners which appears to have been charged by mistake. It was undoubtedly paid by the State, but if the board are correct, it was such a palpable mistake of the State officers that the State ought to lose it. It was a double charge for rent, amounting to $38.33. This amount, together with the $8,559.61 allowed by the minorit_v of the board. of examiners, and already paid to the State, making a total of $8,597.94, should be deducted from the claim now presented by the State. The State, however, should have the benefit of the fact that no other error in the accounts was discovered. All the other dh;al-lowed claims were r~jected, not because the ~tate did not pay the money, but because the board of examiners thought they were not authorized to allow the same undt,r the act of June 27, 1882. We print in the appendix, Exhibit No. 17, page 92, the table ·accompany-ing report of the majority of tha board of war claims examiners show-ing the amounts allowed and disallowed, together with the reasons ther for. Th que tion is now presented in this case whether it is the duty of the Government to re-imburse the State for moneys honestly expended, at th• r qu t of the United States, under circumstances which rendered it impo · ' ible for the Territory and tate of Nevada to comply with ucb r qu . t without making the expenditures in que tion. It must be con-. d d hat if the State or Territory made larger expenditures than would bav b n r •quired to ecure like ervices in any other section of the un ry th ' rvic secured by the expenditure , at the time, place, an 1 un l r tli cir um tance w r a nece ity and could not have b n fur i ·b 1 ' th tate on mor favorabl terms, and it seems that the t and '.I rrit r did not make any expenditure that appeared at the 1r with th illlJ cl CLAIMS OF THE STA.TE OJi, NEVADA. 17 1882, have been complied with as far as was possible," whatever ques-tion there may be as tQ bis complying with the provisions of the act itself. The argument that the Government .might have bought sup-plies cheaper nuder its contract system.than were furnished in N_evada is one which vour committee are unwilling to urge under the circum-stances. The~ Government was not situated so as tc obtain tro,:>ps or supplies by contract or otherwise, but was compelle~ to call upon the Territory to :furnish both troops and supplies. All prices of all supplies, and also of all services, at that time in Nevada were on a gold basis, and coin was the only circulating medium. The roads over the mountains were blocked by snow and no considerable amount of supplies could be transported over tllem. The supplies in the Territory bad been carri.ed there during the previous summer for the use of the inhabitatJ.ts, ri.md the troops bad to be furnished from the limited stock of indiviciilals found in the Territory, and at a moment's notice. The Government could not wait to advertise. The overland mail route wa.s closed and immedi-ate action was required. The cheapest, most effective, and in fact the only immediate relief that could be had was furnished by the militia and volunteer troops of Nevada, who, leaving their workshops and em-ployments of every character, and the high wages for their services, were organized and marched immediately iu the direction of Salt Lake City to open the mail and emigrant route. They subsequently joined General Conner's forces from California, subdued the Indians, fortified Camp Douglas, overlooking Salt Lake City, and were in the field, sub-ject to call, to go wherever ordered or needed. PAYMENT BY THE UNITED STATES OF ABOUT 2¼ PER CENT. OF THIS CLAIM ON ACCOUNT IS NOT .A. V .A.LID BASIS FOR THE UNITED STA.TES TO REPUDIATE THE BALANCE THEREOF, OR TO REFUSE TO PAY TH:~ SAME, AND SHOULD NOT, IN .GOOD CONSCIENCE, BE EVER PLEADED BY AN HONEST DEBTOR, FOR WHOSE RELIEF A.ND AT WHOSE URGENT SOLICITATION SUCH DEBT W A.S INCURRED. . The fact that a small fraction only of this claim has been allowed and paid on aecount, to wit, about 2½ per cent., .and the great bulk thereof rejected for want of jurisdiction only, is no valid objection to an author~ ization by Congress for the paymeut of what is honestly due the State of' Nevada, and for this there are numerous precedents, some of which are cited in the appendix in Exhibit No. 18, pages 96 to 98. ''INTEREST" PAID IN THIS CA.SE BY NEVADA IS IN REALITY, IN JUS-TICE, IN REASON, A.ND IN LAW A PROPER PART OF 'rHE DEBT DUE NEVADA BY THE UNITED STATES, THE PAYMENT OF WHICH, TO-GETHER WITH THAT OF THE PRINCIP A.L IS NECESSARY TO A COM-PLETE I DEMNITY. The ~mbarrassments under which Nevada paid the principal of the money involved in this claim is shown by the enormous rates of inter-es~ which the Territory and State were compelled to pay in order to raise money to fully comply with these calls and requisitions made for troops and as herein before recited. The rates of interest which were actually paid by evac.la are shown by the official statement of her con-trolJer and a furui heel to the Secretary of the Treasury and the Sec retary of War, as before stated, as follows: S. Rep. 128G--2 r 18 L nr: OF THE ,'TATE OF .1.'EV DA. As 'TRA<'1 n.- Sh01ciny the au,01tnl actually paid bJJ the tale. of Nei-ada and , auo-rrssor lo th,· 1rrrilory of evada on account of interest money on diBb111·1umients and lia• hililie8 for Ne1•£ula 1'0luntcers in tht:J service of the Unitfd States, and employed i11 /he d • fenRc of the United tates during the war of the rebellion. Amonul. Piraf -Interest paid on $46,050.12 from February 10, 1865, to March :i, 1866, at 2 pPr cl'nt. p<'r month .... .. . .. - -- . - -- - - . - .. - . . --- -- ..... - . -.... . . - . . .. -. - . - . . . . . . . . . . . . . . . . . . . . . . . $11, !l:!.j. 33 f <' acts legi1llatur of Nevada for 1864-' 65, 1>a~e ~2. a(·t January 4, 186f>.J I Second-Interest paid on $46,950.12 from March :i, 186!i, to May 3(1, 1867, itt 15 JH'l' c1111t. pet' , annum ... . ....... . .. ..... . ........ .... ...... . ..........•.... . . . ... . .................... , ,ill.lti [8ee acts legislature of Nevada for 1866, paite 47, act January 19, lB!HJ. l Third-Interest paid on $110,800.12 from May 30, 1867, to March 28, 1872, aL 15 per cent. per annum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86, 7fi5. 25 [See acts legislature of Nevada for 1807, pages 50 and 65, act Fllhmary 6, 1867. 1 .Fourth-Interest paid on $119,800.12 from March 28, 1872, to January 1, 1883, at 9½ per cent. per annum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 122, 4 72. 33 (' e acts legislature of Nevada for 1871, page 84, act February 27, 1871.) ----229, 807. 37 Your committee, however, deem it unwi e to e tablish a prec dent under any circumstances, however extraordinary, and they admit that the recitals in support of this claim render it one extraora on they have incorporated in thi bill, herewith reported, :-1 provi 'ion that the aggregate of intere ·t accruin (J' to eva 9 to 109.) PRB EI F RE THE PH.IT_ JPAI • E B OF THE { "!Tl th · rop rl pa ll , ",' ur ,ub-ip ' ( .. , < tl al ·on CLAIMS OF TUE STATE OF NEVADA. 19 practice to deal with a case in its entirety in a single ac~, and y~ur com-mittee state that there are abundant precedents for this practice, some of which your committee cite in the appendix, Exhibit 20_ on page 109. ,. We call particular attention to the precedents co11ected. m the appen-dix, authorizin~· the payment of claims of States for interest on moneys by them expended for the use and benefit of the United States (see ap-pernlix, Exhibits Nos. 18, 19, 20, and 21, pages 96 to 149). In addition to the authorities cited in the appendix in support of Nevada's claim for interest, your committee also refer to the case before the Second Comptroller of the Treasury in 1869, in which that officer made the following decision: Interest can in no case be allowed by the acconntingofficer upon claims against the Government either in favor of a State oral) individual. But in cases where the claim-ant has been compelled to pay interest for the benefit of the Government, it then be-comes a part of the principal of his claim, and as such is allowable. Such is the case of a State which bas been obliged to raise money npon interest for the suppression of hostilities against which the United States should protect her. In such cases the amount of interest actually and necessarily paid ,'vill be allowed, without reference to the rate of it (section 997, Dec. 2, Comp. Ed. 1869, p. 137). · This ruln~g is in harmony with a long line of precedents established by Congress, beginning m 1812, and printed in the appendix hereto attached and marked Exhtbit Nos. 18 to 21, inclusive, pages 96 to 145. In addition to the foregoing, your committee cite in support of Ne-vada's claim for interest the following, to wit: 1. Forty-eighth Congress, :first session, House Report No. 1670, from Uommittee on Judiciary (see appendix, Exhibit 21, page 112). _ 2. Forty-eighth Congress, second session, House ReportNo.1102, from Committee on War Claims (published m Exhibit No. 14, page 86). 3- Forty-ninth Congress, first session, Senate Report No. 183, from the Committee on Mflitary Affairs (see appendix, Ex-hibit 21, page 135) .. 4. Forty-ninth Congress, first s~ssion, Senate Report No. 2, from the Committee on Claims (published in Exhibit No. 14, page 85). 5. Forty-mnth Congress, first session, House RepQrt No. 303, from Committee on Claims (see appendix, Exlribit 21, page 119). G. Forty-ninth Congress, first session, House Report No. 312G, from Com1nittee on Claims (see appendix, Exhibit 21, page 120). 7. Fiftieth Congress, first session, Senate Report No. 518, from the Committee ou Military Affairs (see app~ndix, Exhibit 21, page 138). 8. Fiftieth Congress, first session, House l{eport No. 309, from the Committee on Wa.r Claims (see appendix, Exhibit 21, page 137). 9. Fiftieth Congress, first session, House Report No. 1179, from the Committee on Claims (see appendix, Exhibit 21, page 145). 10. Fiftieth Con~ress, first session, House Report No. 2198, from the Committee on War Claims (see appendix, Exhibit 21 page 144). The precedents cited or referred to m the appendix herewith abun-dantly estabJish the fact that the United States has paid the claims of States incurred uning the organization. of cavalry and infantry, .which you will see d1~ers from that stated m your proclamation. Very respectfully, your obedient servant, Official copy : · R. C. DRUM, Assis.tant Adj-utant-General. J. C. KELTON, Colonel, .Assistant Adjutant-General • • HEADQUARTERS DEPARTMENT OF THE, PACIFIC, . San Francisco, Cal., May 15, 1863. GOVERNOR OF NEVADA. TERRITORY, (Through Commanding Officer Fort Churchill, Nev.) : SIR: The examination of Noyes Baldwin and"Joseph A Mathewson for commission in Nevada Territory·contingent, is satisfactory to the general commanding. Very resp~ctfully, your obedient servant, Official copy : R. C. DRUM, Assistant 4djutant-General. J: C. KELTON, Colonel, Assistant Adjutant-General. WAR DEPARTMENT, Washington City, .J1.a1·ch 11, 1882. Srn: I have the honor to acknowledge the receipt of _your letter of the 16th of January last, inclosing S. R. 13, .J?orty-seventh Congress, first session, a i' joint reso-lution to authorize the Secretary of War to ascertain and report to Congress the amount of money expended and indebtedness assumed by the State of Nevada in re-pelling invasions, suppressing insurrection and Indian hostilities, enforcing the laws, and protecting the public property;'' and requesting full information concerning the matters mentioned in said resolution. , In reply, I beg to invite your attention .to the inclosed report on the subject, dated the 25th ultimo, from the Adjutant-General~ and accompanying copies of all corre-spondence of record in this Department r~ating o matters referred to in the resolu-tion. Very respectfully, your obedient servant, ROBERT T. LINCOLN, Se01·eta1·y of Wm·. Ron. L. F. GROVER, Subcommittee of the Committee on Military Affai1-s, United States Senate •. W All DEPARTMENT, ADJUTANT-GENERAL'S OFFICE, Washington, D. C., .Februa1·y 25, 1882. SIR: I have the honor to return herewith a letter of the Hon. L. F. Grover, of Senate Committee on Military Affairs, of the 16th ultimo, inclosing a copy of a joint resolution (S. R.13, Forty-seventh Congress, first session) "to authorize the Secretary of War to ascertain and report to Congress the amount of money expended and in-debtedness assumed by the State of Nevada in repelling invasions, suppressing insur-rection and Indian hostilities,· enforcing the laws, and protecting the public prop-erty," and to report the following concerning the matters referred to in the resolution : It appears from the records of th is office that one regiment of cavalry and one battal-ion of infantry were raised in the Territory of Nevada, under authority granted bv the Secretary of War in the early part of 1863. .. 26 CLAIMS OF THE STATE. OF NEVADA. The follow;ing statement shows the da~es of musters in and out and the strength of the companies of the organizations refeued to: First Regiment Nevada Cavalry Volunteers, composed of six companies. Company. When mustered in, , Strength. When mus• tered out. _____ ,l/ ________ _;_ ____________ 1 _ _ _ ~ ----1- ---A .....•.... 13 .•..•••.•. c ........ . . D ......... . E .......•.. F ......... . f .;1!eu~t 9it6i6.~::::::: ::::;:::: :: : : : : :: : : :: : ::: : : :: : : : : December 24, 1863 ...•••.••...•....• . ........•.•••..••. f,{W!Jf t\ :;::: :: ::: ::) : ::::: :: : : : : ::: : : 3 2 3 3 3 4 82 July 12, 1866. 82 July 12, 1866. 61 July 12, 1866. 84 Nov.18, 1865. 83 NOV .18. 1865. 79 July 21, 1866. 3 Recruits enlisted subsequent to muster.in of compa• nies . ......••.................................••...•.......... 30'7 i First Battalion Nevada Infantry Volunteers, composed of four companies. Strength. Company. When mustered in. 1----- ---r When mus-tered out. A. .•..••••. : June 30, 1864 ...........•.....•.•••.•.•... : ..... .... .. . 3 86 Dec. 22, 1865 B .•.•••.......... do............................................... 3 91 Dec. 15, 1865 C . . • . . • . . . . . ..... do . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . • . . . • . . . • . . 3 89 Dec. 23, 1865 D* ........ ·································· · -···················· ................... . Recruits enlisted subsequent to muster.in of compa. 100 nies. * Company D was · ~ot organized; the men recruited for it were transferred to the other three com-:panies in July or August, 1865. The Territory of Nevada is credited on the re~ords of the late Provost-Marshal• General's office with having furnished 1,180 three years' volunteers during the late war. . The records of this office fail to El ow that any troops, volunteer or militia, oth~r than the cavalry regiment and infantry ba talion before referred to, were raised m either the Territory or State of' Nevada during the late war of the rebellion or since, or that any Ne_vada troops excepting those named performed military service of ::l,l)y kind for the United States in said Territory or State. Neither does it appear that auy payment has been made b:v the United States to the Territory or State of Nevada, nor that any demand for such payment has been made on account of money expended or indebtedness assumed by the State in re-pelling invasions, suppressing insurrection and Indie,n hostilities, etc. Some individual claims were made for expenses incurred in recruiting Nevada volunteers-that is, claims for re-imbnrsement for subsistence and transportation fur-nished and for rent of rendezvous, etc.- a few which have been allowed, and paid ont of' the appropr:ation for "collecting, drilling, and organizing volunteers." Copies of all correspondence of record in this office relating to the matters named hi the resolution are hereto appended. I am, sir, vory respectfully, your obedient servant, The SECRETARY OF WAR. R. C. DRUM, .Adjutant-General. [Office acting assistant provost•marsbal•general of California and Nevada Territory.} Col, JAMES B. FRY, SAN FRANCISCO, CAL., .Ap1·il 11, 18G4. Provost•Marshal-Geneml, Washington, D. C. [Extract.] * * ~ * * * * Whilst on this subject, I would state that there is a regiment of infantry authorized for vada. Rix companies of cavalry have been raised. I would suggest that four CLAll\18 OF THE STATE OF NEV ADA. 27 more companies of cavalry be authorized; that the r_ecruits now ~elonging _to the in-fantry regiment be transferred to _them, an~ t~a.t the _mfantry regiment be disbanded. I do not believe it can ever be raised, and it 1s creatmg enormous expenses. * * . * * Your obedient servant, JNO. S. MASON, Brig. Gen. Vols., s ,upt. Vol. Rec't'g Service. Respectfully sub)uitteu to Gene_ral H~lleck, chief of staff, for his views as to the -. propriety of auoptmg the suggestions of General Mason. . . I have no doubt General Mason is right as to the expense of this lo1:ig-co1;1tmued effort to raise an infantry regiment, but I do not know the number or kmd of troops ' equired there. MAY 13, 1864. JAMES B. FRY, Prnvost-M arshal- Genera.l. I do not understand how co~verting infantry inLo cavalry saves expenses, but quite the contrary. Why not consolidate the infantry already raised into a small battalion for immediate service¥ This would be more economical than increasing the cavalry force. · MAY 17, 1864. H. W. HALLECK, Major-General, Chief of Sttiff. SP.ECIAL ORDERS, l No. 181. 5 WAR DEPARTl\IENT, ADJUTANT-GENERAL'S OFFICE, Washington, May 19, 1864. [Extract.] 23. The recruitment of regimflnt of volunteer infantry authorized to be raised in the Territory of Nevada will be discontinued upon the receipt of this order, and that portion of the regiment which at that date may be recruited will be consolidated into as many companies of maximum strength as the number enlisted will perr;nit, and the battalion thus formed will be reported for immediate service. -/ The superintendent of recruiting service is charged with the immediate execution of this order. By ord~r of the Secretary of War. E. D. TOWNSEND, Assistant Adjutant-General. HEADQUARTERS DEPARTMENT -◊F THE PACIFIC, San Francisco, .Ap1·il 30, 1864.. ADJUTANT-GENERAL, U.S. ARM°'f, Washington, D. C.: SIR: I have six companies of cavalry, Nevada Territory Volunteers, mustered into service. Two of these companies I sent to Camp Douglas, Utah Territory last Octo-ber; the remaining four are at Fort Churchill. Only one of the companies at Churchill has been mounted. My design. was to send all the Nevada cavalry to Utah; but the threatening_ aspect of our foreign relations, indicating the propriety of my holding a.U my available force well in hand and prepare for concentration on the Pacific coast, has caused me to hesitate nntil the policy of my Government is known. In consequence of the enormous cost, of forage at Fort Churchill, I have suspended the purchase of horses for mounting the three cavalry companies now there until their destination is det,ermined on. ' · . Ufider the call I made on the governor of Nevada Territory for a regiment of in-fantry_, twC! hundred men h3:ve ~e~n enrolled; they are at Fort Churchill. The gov-ernor ~s quite co~1fident of h1s_ab1l~ty to complete the organization of the regiment. During the qm_et and peacetul times on this coast we can not expect to raise many volunteers; but 1f we should have fort1ign war; th.ere will be no lack of men. Very respectfully, your obedient servant, G. WRIGHT, Brigadier-Geneml, U. S. ArmJJ, Commanding. 28 CLAIMS OF THE STATE OF NEVAlJA. WAR DEPARTMENT, Washington City, Ji.arch 24, 1 . Srn: In respouse to your letter of the 21st ultimo, requesting such information record in the Department as relates to the soldiers enrolled and paid by either Territory or State of Nevada during the war of the rebellion, I have the honor i_nvite attent_ion to the in closed report o~ the _22~1 inst~nt, and its accompanying pa r from the AdJutant-General's Office, which, 1t 1s believed, afford the information d ' sired. Very respectfully, your obedient servant, Hon. WM. M. STEWART, 1Jnited States Senate. WILLIAM C. ENDICOTI, Secretar.lf of War. WAR DEPARTMENT, ADJUTA..~T-GENERAL'S OFl!'ICE, · · Washington, March 2'.2, 1 Sm: I have the honor to return herewith a letter of Hon. William M. Stewart United States Senate, dated the 21st ·ultimo, requesting-to be furnished with such in~ formation as the records of the Department afford relative to sold:ers enrolled and paid by either the Territory or State of Nevada during the war of the rebellion, and to re-port as follows: The records of this office show that one battalion of cavalry, composed of six com-panies, 'and one battalion of infantry, composed of four companies, were raised in the Territory of Nevada under authority granted by the Secretary of War. The cavalr battalion was mustered into the military service of the United States, by compauie , from August 9, 1863, to April 7, 1864, to serve three years, and the infantry battalion was mustered into the same service on ,June 30, 1864, for the same period. Herewith are copies of letters of Lieut. Col. Milo George, First Battalion Nevada Cavalry, addressed to the adjutant-general of the State of Nevada,, dated April 3, and May 3, 1865, referring, respectively, to an appropriation made by the legislature of Nevada Territory in 1863, of $5 per month to each enlisted man of Nevada volunteers. and to an act of the legislature of the State of Nevada, approved March 11, 1865, to encourage enlistments and provide bounties and extra pay for volunteer troops calleruary 20, 1864, have really not expended one_-fourth the a~ount in filling their commands up to maximum_ strength ~hat !hose did who commenced previous to that time, from ths+fact that, smce that time, times haye been very dull, and consequently recruits were easily procured; again, they have had the benefit of the provost-marshal's assistance, which has lessened expenses nearly one-half. By giving me the proper interpretation of this law you will confer a favor upon my command which will be duly appreciated. I am, very respectfully, your obedi~nt servant, MILO GEORGE, Lieut. Col., Fi1-st Batt. Nei,ada Vol. Gav. Commanding. Brig. Gen. J. G. CRADLEBAUGH, . . . .Adjutant-General State of Neva_da, Carson City, Nev. EXHIBIT No. 4. MEMORIAL OF THE STATE OFFICERS OF NEVADA SHOWING THE MODE OF AND '].'HE MANNER OF THE PAYMENT FOR THE ENROLLMENT OF TROOPS BY NEV ADA. To the &nate and House of Representatives of the United States of America in Cong1·ess assembled: Your memorialists, now the State executive officers of the State of Nevada (the legislature of Nevada not being now in session), most respectfully represent to yo,ur honorable b.odies that the State of Nevada has heretofore ·presented a claim, to the United States for expenses by her incurred and by ber paid as "costs, charges, and expenses properly incurred for enrolling" her .military forces during the war of the rebellion, in response to and under requisitions made by the officer commanding the Military Department of the Pacific, and which "costs, charges, and expenses" so in-curred and paid by Nevada aggregate the sum of $11,840 £or enrolling 1,184 men, pre-liminary -to their being mustered into the military service of the United States. A claim for re-imbursement by the United States for the aforesaid expenditure has been presented by the State of Nevada to the United States, and payment thereof has bee.n refused, and because its examining and accorytting and auditing officers seem to have regarded this expenditure simply as a bounty .or gratuity paid by Nevada to the officers of her military forces who enrolled said 1,184 men. . · Nevada selected as her enrolling agents those officers of her military forces who were to be the commanding officers of the men who might be thereafter enrolled; and there can not be any valid question as to the wisdom or economy of such a course :1s adopted and uniformly pursued by Nevada, and especially when w.e consider the 1~portance of each commanding officer being perfectly familiar· with the qualifica-t10ns of those he was to command in the iield both as to their mental and physical fitness. · 'fh~s met;hod of enrollment as adopted by Nevada, and seeming no doubt to her, at the time, as the most ready and economical one for putting her troops in the ·field for the United States military service, in obedience to requisitions made upon her, was the one followed in all cases; a1id this claim for re-imbursement by the United States for the "costs, charges, aud expenses" so incurred was in lieu of all other "costs charges, and expenses" that would have to be incurred and as incident to said en~ rollmeut-such1 for instance, as rent, fuel, furniture, salaries of enrolling officers~ s-u.11-• 30 CLAIMS OF THE ST ATE OF NEV A.DA. sistence, and all the other detailed and expensive paraphernalia which pertain to the regular military recruiting or enrolling office of a State or of the United States, and such as the United States would herself have been compelled to incur if she had in-voked or exercised her own Federal military machinery for the sam~ purpose in the State of Nevada. No express method of enrolling having been desiguated to Nevada by the Unitecl States, she was left to adopt that method of organizing) collecting, and enrolling her militarv forces to meet the requisitions so made upon her at the time, and such as appeared to her to be the wisest and the most practicable. To provide for and to pay the "costs, charges, and expenses" so incurred and to be incurred by Nevada on acconnt of said enrollment, the legislature of Nevada passed a law on March 11, 1865, which provided substantially that each enrolling or recruit-ing ag;ent of her army intended by her for the military service of the United States should be allowed for all expenses of said enrollment $10 per capita. The law is as follows, to-wit: . " The, people of the State of Nevada, 1·epresente,d in senate and assembly, do enact aB follows: "SECTION 1. A sum not exceeding $100,000 is her~by appropriated and set asicle, to constitute a separate fund to be known as the 'soldiers' fund,' for the purpose of paying a compensation to the soldier8 of the companies of Nevada volunteers already raised in the Territory and in the State of Nevada, and to be raised in this State, for the service of the United States, to aid in repelling invasion, suppressing insurrections, enforcing the laws, and protecting the public property, in addition to the pay allowed them by the United States. "SEC. :?. There shall be paid out of the fund created and set apart by the first sec-tion of this act * * * a bounty of $10, to be paid to the captain or commanding officer of any company for every recruit by him eulisted and subsequently mustered into the service of the United States: Provided, Tbatthe pro-visions of this section shall not be deemed applicable to auy soldier who may be dra,fted, or enlisted as a substi-tute, or any person drafted into the Army of the United States. * " * "SEC. 3. Tlie captains or commanding officers of companies of Nev,ada volunteers, raised, or to be raised, for service in the Army of the United States, shall, before such officers, as recruiting agents of the Army, can be entitled to,secure tlie benefits of this act, file in the office of the adjutant-general their affidavit, 8etting forth the number and names of recruits enlisted by them, and accepted by the proper medical examiners (who shall in eacli case be named), and sworn into the service; and further setting forth that no affida-vit of the same character, for the same enlisted men has heretofore b~en made or filed. The adjutant-general of the State is hereby authorized and di-rected to certify to the cont.roller of State the number of rnen enlisted b each captain or commanding officer of a company, whenever the affidavit herein requirP.d ii. filed in his office, indorsed by the provost-marshal of this State or the commanding officer of the post where the enlisted men referred to aud enumerated in the affidavit IQay have been rendezvoused on enlistment. Upon the filing of the adjutant-general's certifi-cate, above required: in the office of the controller of State, the controller shall make out a copy of said certificate, and forward the same to the State board of examiners, and if the State board of examiners shall indorse the certificate as 'approved,' then the coutroller shall draw bis warrant upon the fund herein constituted for the sum set forth in the certificate of the adjutant general in favor of the officers1 or their legal assignees, named in the certificate, for the sums respectively _set forth to be due them. "SEC. 6. For the purpose of carrying into effect the provisions of this act and pro-viding for the fund created by section 1 of this act, the treasurer of the State of Ne-vada shall cause to be prepared bonds of the State to the amount of $100,000, in sums of $fi00 each, redeemable at the oftlce of the treasurer of the State on the 1st day of July, 1870. The said bonds shall bear interest, payable semi-annually: at the rate of_ 10 per cent. per annum from the date of their issuance, which interest.shall be due and payable at the offi~e _of the treasurer of this State on the 1st day of January and July of each year : Providing, That the first payment of interest 8hall not be made sooner t!ian the 1st day of January, in the year of our Lord 1866. These said bonds shall be signed by the go-vernor and countersigned by the controller and indorsed by the treas-urflr of State, and shall have the seal of the 'state affixed thereto. Such bonds shall ?e issned from time t~ time as they may be required for use. The expense of prepar-mg such bonds and disposing of the same shall b.e audited as a claim against the sol-diers' fund created by this act. '.' SEC. 10, For the payment of the principal and interest of the bonds issued under this ac_t tb('rc shall he levied and collected annually, nutil the final payment and re-demption of t,he same arnl in the same manner as otlier State revenue is or may be di-r ~ted _by law ~o be levied and collected annually, a tax of 25 cents in gold and silver corn of the Umted States, ou each $100 of taxable property in the State, in addition to the other taxes for State purposes, and the fond derived from this tax shaH.he set apart and applied to the payment of interest accruing on the bonds herein provided for and the final redemption of the principal of saicl bonds; and the public faith ot • CLAIMS O.P THE STATE OE' NEV ADA. 31 · the State of Nevada is 'hereby pledged for the payment of the bo?ds issued ·by virtue of this act and the interest thereon, and, if necessary, to provide other and ample means for the payment thereof." (Statutes of Nevada, March 11, 1865, pages 3tl9-393.) This small sum of $10 per capita, when the peculiar condition of Nevada at that time is considered, in connection with her then limited and expensive means of travel, which was then exclusively by wagon or horseback, and before any railroads were built in this State, will be considered to be not exorbitant, but, as your mernorialists now submit, the same was and is very reasonable. True, the act of the legislature termed this $10 per capita for enrollment a" bounty" to the captains or commanding officers who .might orgauize a company to be there-after mustered into the service of the United States, yet as a matter of fact it was not a bounty in the sense of a gratuity and as is frequently used by the United Statf=)s as meaning money in addition to the pay and allowances as set forth in the agreement with her commanding officers and enlisted men about to enter her military service; on the contrary, it was a lum_ll compensation paid or to be paid by the State to her recruiting or enrolling officers in lieu of all other expenses or compensation for organ-izing its military forces and such as have been hereinbefore recited, and covered and was intended to cover all expense of travel, subsistence, lodging, and other incident,al expenses, and such as United States recruiting and enrolling officers might properly incur in getting together and preparing men for the military service of the State and of t,he United States. / Your memorialists call attention to the fact that on March 11, 1865, Nevada did not even have in her treasury the money with which to pay this disbursement, hut in se•tion 6 of said act she was compelled to issue and to sell her own State bonds with which to raise money to pay this and other expenses o( a military character in order to aid in defraying the State expenses in a time of war. Not only this, but in section 10 of said act Nevada levied a tax in gold or silver coin of the United States upon every $100 taxable property in the State of Nevada, in addition to other taxes for State purposes, to create a fund with which to pay said expenses, and which tax was ·to continue until all of said bonds were wholly paid and fully" redeemed; and in addition thereto the public faith of Nevada was pledged to pay said bonds and interest thereon, and, if necessary, to provide other and ample means for the payment thereof. The public faith of Nevada was the:cefore pledged for the benefit of the United States, and at a time when the public credit of the United Stai_tes was itself put to the test and its paper largely depreciated in parts of the country outside the limits of Nevada. -Wherefore, your memorialists (the legislature not now being in session) believinrr that if the attention of Congress were respectfully and properly invited to this mai ter it would not permit this expenditure to be repudiated by being disallowed or payment refused, now, therefore, petition your honorable bodies to re-imburse Nevada in the sum of $11,840 so by her expended. and paid a,s "cqsts, charges, and expenses," and by her incurred for enrolling 1,184 men for the military service of the United States, and who did perform active United Statelil military service during the wa1: ot the :rebellion wherever their military services were needed. · • Respectfully, C. C. STEVENSON, Governor. H. C. DAVIS, Lieu,tenant-Governor and Adjiitant-Geneml. JOHN M. DORMER, Secreta1·.11 of State. J. F. HALLOCK, State Controller. GEORGE TuFLY, State Treasurer. JOHN :F'. ALEXANDER, .Attm·ney-Gene1·al. JOHN E. JONES, Su1·veyor-General. · W. C. DOVEY, Superintendent Pu,blic lnst1·uction. J. C. HARLOW, Superintendent State Printing. EXHIBIT No. 5. AC'r OP'rHE LEGISLATIVE ASSEMBLY OF NEVADA TERRITORY PROVIDING FOR COMPENSATION TO COMMANDING OFPICERS J?OR 'l'HEIR COSTS FOR THE ENROLLING VOLUNTEERS AND EXTRA PAY TO VOLUNTE,ERS, _ETC. AN ACT to encourage enlistments and give bounties and extra pay to our volunteer soldiers. Be it enacted by the _governor and legislative assembly of the Territo1·y of Nevad~ as follows: ' ~ECTION 1. A SL~m not exceeding one hundred thousand dollars is hereby appro- · priated aud set aside to constitute a separate fund, to be known as the soldiers' fund, S.Ex.2-18 ' . 32 CLAIMS OF THE STATE OF NEVADA. for the purpose of paying a compensation to the soldiers of the companies of ·e\'ada volunteers already raised and to be raised in this Territory for the service of th United States to aid iu repelling invasion, suppressing insurrections, enforcing th laws, and protecting the public property, in addition to the pay allowed them by the United Stat.es. All liabilities created by this act shall be paid out of thi~ fund. SEC. 2. There i:,hali be paid out of the fond created and set apart by the first sec-tion of this act, to each and every enlisted soldier of the companies of the Nevada volunteers raised or hereafter to be raised in this Territory uuder the requisition made on the governor thereof by the officer comma,nding the Department oftbe Pa-cific, for one regiment of volunteer infantr.v and two companies of cavalry, an ~J.e number date and amount of each bond1 and to whom t,he same was issued. ' 1 • .3ff CLAIMS OF THE STATE OF NEVADA. . . Sl!:C. 8. AU demands against the soldiers' fund shall be audited by the, 'tato board of examiners. SEC. 9. The State treasurer and secretary of state shall sell and dispose of said bonds, for golu and silver coin of the United States, from time to time, as may be necessary, to provide for the payment of liabilities against the said soldiers' fund. Said bonds may be disposed of either at private or public sale, providing that tbe fractional part of no bond shall be disposed of by sale, and provided furLher that said bonds shall not be sold or negotiated by the treasurer and secretary of state at a greater discount than twenty cents on the dollar of the par value thereof. On the receipt of the purchase-money of said bonds the treasurer and secretary of state shall deliver the same to the purchaser. All moneys received by the treasurer and secre-tary from the sale of bonds, as herein provided, shail be by them placed to the credit of said soldiers' fund. SEC. 10. ]?or the payment of the principal and interest of the bonds issued under this act there shall be levied and collected annually, until the final payment or re-demption of the same, and in the same manner as other State revenue is, or may be directed by law to be levied and colle.cted annually, a tax of twenty-five cents, in gold and silver coin of the United States, on each one hundred dollars of taxable property in the State, in addition to the other taxes for State purposes; and the fund derived from this tax ~hall be set a.part and applied to the payment of iuterest ac-cruing on the bonds herein provided for and the final redemption of the principal of said bonds; and the public faith of the State of Nevada is hereby pledged for the payment of the bonds issued by virtue of this act, and the interest thereon, and if necessary to provide other and ample means for the payment thereof. SEC. 11. Whenever, on the :first day of January or July, in the year of our Lord one thousand eight hundred and sixty-six, or upon the first day of January and July in any subsequent year, there shall remain a surplus, after the payment of the in-terest as hereinbefore provided, of five thousand dollars or more in the fund created by the tenth section of this act, it shall be the duty of the treasurer to advertise in two daily newspapers published in English in the State of Nevada, and one. published in the city of San Francisco, State of California, for sealed proposals for surrender of bonds issued under the provisions of this act. He shall state in such advertise-ment th6 amount of money on hand applicable to the redemption of said bonds, and he shall accept such proposals, at rates not exceeding par value, as vdll redeem the greatest number of bonds, until the amount of cash on hand for redemption is ex-hausted. SEC. 12. It shall be t,he duty of the State treasurer to make arrangements for the payment of interest on said bonds when the same becomes due, and in the event that the said interest fund shall be insufficient, the said treasurer shall make up the defi-ciency from the general fund; and in the event of the insufficiency of the general fund, the said treasurer is authorized and required to make such contracts and ar-rangements as may be necessary for the payment of said interest and the redemption of said bonds. Said bonds shall be redeemed and the interest paid in gold and silver coin of the United States. SEC. 13. Before the issue or sale of any bonds as provided in this act the State treasurer and secretary of state shall execute to the State of Nevada a special bond, additional to their other bonds required by law, in the sum of twenty-five thousand dollars, with good and sufficient sureties, t,o lie approvf>d by the governor, condi-tional to pay over all moneys belonging to the soldiers' fund at such times and in the manner provided in this act, and also for the faithful performance of all the duties required by them by this act. Said bond shall be filed in the office of the controller of State. . SEC. 14. All moneys which have been received into the Territorial and State treas-uries froin the tax levied in and by au act of the Territory of Nevada approved l•'ebruary twentieth, one thousand eight hundred and sixty-four, entitled "An act to encourage enlistment8 and give bounties and extra pay to our volunteer soldiers," are hereby ordered to be transferred to and made a part of the soldiers' fund named and provided for iu section ten of this act. SEC. 15. All Territorial warrauts and all certificates by the adjutant-general of the Territory of Nevada, issued in accordance with an act approved February twentieth, one thousand eight hundred and sixty-four, entitled "An act to enconrage enlist-ments, and give bounties and extra pay to our volunteer soldiers," shall, on their indorsement as approved by the State boanl of examiners, be received by the co11-troller and canceled; aud warrants of the State of Nevada on the soldiers' fund shall be issu <1, in like sums, in lien thereof, to tho parties lawfu]]y holding the same: tro1•i. By the second se.ctiou of said aGt the Secretary of War was authorized to cause t,he militia called out to defend eai,t Florida by Clinch and Hernandez, by the governor, in middle and west Florida, and such other militia and volunteers as bad been received and mustered foto the service of the United States and regularly discharged, to be paid in like manner with the volunteers and militia ordered into service under orders from the War Department. , 16. By an act approved July 2, 1836, tbe Secretary of Wa,r was directed to ascertain the sums severally due to persons who performed dnty in the comr.anies eornmandad b,y Captains Crawford, Wallis, and Long, of the militia of Missouri, and in the com-panies of Captain Siglor, of the militia of Indiana, for the protection of the frontiers of those Sta.t,es against the Indians, and to cause them to be paid for the time they were actually engaged. jn said service in the year 18:~~, at the rate and according to the principles established for the payment of similar services rendered the United States. 17. ByactapprovedMarch 1, 1837, an appropriation wasmadeforthepaymentoftb~ Teunessee volunteers, ca.lied out by the proclamation of Governor Cannon, on the 28th of April, 18:36, to suppress Indfan J1ostilities; and an appropriation was also made to rn-imburse Governor Cannon for moneys expended on account of such volunteers (see Laws ofUnited States, vol. 5, p. 150). 13. By the second section of a,n act approved March 1, 1837, an appropriation was made for pay, traveling, and clothing for six months antl other legal expenses of the Ten-nesse"' volunteers mustered into the service of t,lie United States, under the requisi-tion of Governor Gaines, under date April 8, 1836, an!l the proclamation of Governor Caxmon of 28th of same month, and approved by the Secret}1ry of War, May 9, by di-rection of the President; :md also for pay, traveling, and clothing and other legal ex-peuses of Tennessee vo1nntAors mustered into the service of the CTnites ee while actually engaged in obtaining, organizing, mustering, CLlI~~ OF THE STATE OF NEVADA. 39 or marching volnutm~rs, dnring the year 1836, to place ?f their reudezvous, or maldng , returmi of said volnutem s. , 19. By the t,hird section of_sai_d ac~ the Secret-~ry of War was directed to c:1-u~e ~o b_e paid to the voluuteers _auA. 29. By an act. approved FelH'nary 4, 184!{, the Secretary of "\Var was authorized to 0ause to be pai cause to b~ audited and settled the account~ of the State_ of :Florida a,raiust the United States tor money advanced by that State m payment of volunteers c~lled into service for the supression of Indian hostilities in 1849 and 1852, provided it should be satisfactorily shown that said claims had been actually allowed and paid · by the State; and by the twelfth section of the same act the Secretary of War was directed to settle the actual and necessary expenses incurred by the militia called into the service in the Territory of New Mexico, by acting Governor Messervey, in the year 1854, to suppress Indian hostilities in said Territory, provided the Secretary should be first satisfied that the calling out of said militia was necessary and proper for the defense of the Territory. 46. By a clause of the same act (for the support of the Army for the year ending J nne 30, 1860) provision was made for the payment to Minnesota f01: expenses incurr~d by Capt, James Starkey's company of Minnesota Volunteers, called out, )Jy the gov-ernor of the State in 1857, to protect the settlers of the valley of Sunrise River against the Chippewa. Indians. 47. By section 2 of the same act the Secretary of War was authorized to repay to the State of Texas moneys advanced by that State for the payment of six companies of mounted volunteers called into service by General Persifor F. Smith, Novomber 1, 1854, for three months, provided that no greater pay or allowances be given these troops than was given to similar troops in the service of ~he United States. 48. By section ·2 of an act approved June 21, 1860, the provisions of the act of March 3, 1859, wer~ extended so as to include all the moneys advanced by the State of Texas in payment of volunteers called out in defense of the frontier of that State since Feb-ruary 28, 1855, provided the Secretary of War should be satisfied that there was ne-cessity for calling out these troops, that they were called out by competent authority, and that the amount so claimed was actually paid by the State. The amount was . limited to $123,544.51, and tl;te troops to be paid only for time in active service. 49. By the seventh section of same act (June 21, 1860) the twelfth section of act of March 3, 1857, was extended so as to embrace the pay proper and allowances ·of tbe militia of New Mexico therein named, the amount being limited to $74,009; and the -troops to be paid only for time in active service, at no greater rate than those in United States service. · 50. By the fifth section of same act the Secretar;v, of War was authorized to pay to the ,State of Iowa moneys paid by that State to troops called out by the governor of that State in 1857-'58-'59, to protect the frontier f~om Indian incursions, provided there "'.as necessity for su.ch calling out of troops and the moneys had been actually paid out by the State, with the usual provisos as to necessity, rate of pay, and limitation as to amount, which was $18,988.84. · _51. By the act approved J1me 21, 1860 (it being an Army appropriation bill), the sum of $18,988 was appropriated to re-im bnrse the State of Iowa for the expenses of militia called out by.the governor" to protect -the frontier from Indian incursions" (see 12 U. S. Stats., p. 68). · , ~ 52. By the same act the sum of$123,fi44.51 was appropriated to the State of Texas for / the "payment of volunteers called out in the defense of the frontier of the State since · the 2r:sth of February, 1855." By the" act making appropriations for the sundry civil expenses of_th~ Government for the year ending June 30, 1864, and for other purposes," an appropn_at10n was made to "pay the governor of the State of Minnesota,, or his ~uly autho~1zed ag~nt,, the costs, charges,' and expenses properly incurred by said State 11;1 ~uppressmg I?dian hostilities within said State and upon its borders, in the year 1862, not exceedmg $250,000, to be settled upon proper vouchers to be filed and passed · upon by the proper accounting officer8 of the Treasury (see 12 U. S. Stats., p. 754). -53: By act approved February 2, 1861, there was appropriated -to re-ill\burse the Terr~tory ?f Utah" for expenses incurred in suppressing Indian hostilities in said Terntory m the year 1853,!' the sum ,of $53,512 (see 12 U. S. Stats., p. 15). 54. By act approved March 2, 1861, the State of California bad appropriated to her ~400,000 to defray the expenses incurred by the St;i,te in suppressing .Indian hostilities for the years 1854, 1855, 1856, 1858, and ,18fi9 (see 12 U. S; Stats., p. H.19). 55. _By another act of March 2, 1861, $400,000 was appropriated for pay of volun-teers m Oregon and Washington in suppression of Iny cit!zeus of ~iunesota ". l>y reaso11-of the depredati:>;s and injuries l>y certain bands of S10ux Indians" (see 13 U.S. Stats., p. 92). 58. By act approved March 3, 1873 (sundry civil bill for the year ending June 30, 1874) $10 000 was appropriated to re-imbQ.rse the State of Nebraska for expenses in-curred in' the suppression of Indian hostilities in 1864, to be paid by warrant in favor of the treasurer of said State. 59. By act approved March 3, 1875, making appropriations for sundry civil expense of the Government for the year ending June 30, 1876, the sum of $25,000 was re-appro-priated for the payment of v<_>lunt~ers <_>f Wash_iJ?g:ton and_ O~egon Territories who were engaged in the -suppi:ess10u of Indian hostLhties therem m t]le years 1855 and 1856 and for the payment of claims for services, supplies, and transportation incurred in the maintenance of sa'id volunteers, .and for 'horses and other property lost or de-stroyed in said service, as provided for by the act of Congress approved March 2, 1~61. 60. By the first section of an act of Congress approved June 27, 1882, the Secretary of the Treasury was authorized and directed, with the aid and assistance of the Secre-tary of War, to cause to be examined and investigated all the claims of the States of Texas, Colorado, Oregon, Nebraska, California, Kansas, and Nevada, and the Terri-tories of Washington ·and Idaho against the United States for money alleged to have been expended aud for indebtedness alleged to have been a,!:lsnmed by said States and Territories in organizing, arming, equipping, supplying clothing, subsistence, trans-porting, and paying the volunteer and military forces of said States and Territories called into active service by the proper authorities thereof between the 15th day of April, 1861, and the date of said act, to repel invasion and Indian hostilities in said States and Territories and upon their borders, including all proper expenses necessarily incurred by said States and Territories on account of said forces having been so called into active service, and all proper claims paid or assumed by said States and Terri-tories for horses and equipments actually lost by said forces in t,be line of duty in active service, excepting the claim of the State of Oregon for expenditures in sup-pressing the Modoc Indian hostilities. . . 61. By the second section of said act it was provided that no higher rate for suppliei;, transportation, and other proper expenses than was allowed and paid by the United States for similar services in the sam6 grade and for the same time in the U. S. Armv serving in said States and Territories, and for similar supplies, trausportation , and other proper expenses during the same time furnished the U.S. Army in the same country, and that no allowance should be made for the services of such forces except for the time during which they were engaged in active service in the field, or for ex-penditures for which the Secretary of War should decide there was no necessity at the time arid under the circumstances. 62. By an act approved January 6,•1883, to re-imburse the State of Oregon, the Secre-tary of the Treasury was authorized and directed to pay to the State of Oregon the sum of $70,~68.08 iu fnll for moneys paid by said State in suppressing Modoc Indian hostilities during the Modoc war, and in defeQ._din(J' the State from invasion by said Indians during the years 1872 and 1873. 0 -63. And by the second section of said act the Secretary of the Treasury was directed to pas: to the State of California and to the citizens thereof, their heirs, representatives, or a~s1gns. the sum of $4,,.441.33 for arms, ammunition, supplies, transpo.rtation, and se~vices of v_olunt~2r forces in suppressing Indian hostilitieR in said Stali,.e during the said years of 1872- ,J, as the same were specifically reported to CongL·ess oy the Secre-tary of War December 15, 1874. -64. By an act entitled "An act to refund to the State of Georgia certain money ex-pended by saLd State for the common defense in 1777," approved March 3, 1883, the ! ~ecretary of the Treas~ry was required to pay to the State of Georgia the snm of $35,55fi.42 for money paid by said State for supplies for the troops in 1777 under the co~mand of General Jackson engaged in local defense . .,. rhere can be no ll, Total. $3,000. 00 50,000.00 55,923.79 9,145.50 ·118, 069. 29 Total. July 22, 1816 ................................... War. 150 . •• . . • . . .•• •• • $40,000.00 $4-0, 000. 00 March 22, 1817 ................................. War. 84 $12,000.00 . ••••..• ••• •• . 12, Ouo. oo April 14, 1818 .................................. War. 1913 6,000.00 . ••. • • • . ...... 6,000.00 ------------Total . .. • • • .. • • • • . . . • . • . • . . . . • • . . . . . . • • • . . . .. . • .. • . . . 18, 000. 00 • • • • . • • . • • • .. • 58, 000. 00 CLAIMS OF THE STATE OF NEVADA. 49 Payments to States by the United States for expendit1~1·es niade by them, eto.-Continued. NEW YORK. Warrants and requisitions after July 1, 1822. Date. Number. rtl ~~!?9~ ~r-~,.~~~'.:::: ~1~ :::::::::::::: :::::::::::::: ::::::::~::::: ~iJi ~~-~~ November 18, 1867. 5466 . • • . . . . . . • • • • . . . • . . . . . . . . . • . . •••... ., • • . . 34. 50 34. 50 November 26,1867 . 5586 . . . . • • . . . • • • . . . •• • •. . . . . . . . . . • . • . • . . . • . . • • 4-. 50 4. 50 April 21, 1866. ... 9370 . •. . . . . . . . . . . . "57,368.77 ......................... . ............... . Total ....... , ..••........ 2,758,111,03 5i,568.77 161,991.44 267,648.34 3,245,319.58 *Paid the State out of appropriation for payment of expenses of minute men and volunteers in Ohio, Kentucky, ancl Pennsylvania. WISCONSIN. Requisitions. Refunding to States ex• pensesin· curred in rais· ing volun-teers (acts -------------·-------------------- .July 17, 1861, _ Date. September 2, 1861. .••.•..•••••.•••..••...•...••••...•......• ., ......•.. . ..•. July 18, 1862 .. . . .....••.•••.••••••••••••...•••....•....••...••....••••...•. September 30, 1862 .••......•.•••••..•.....••...•..•...•••.•.••...•........ May 19, 1865 . ......•••.••••• . •..•••..•..•.••.••...••....•.•................. .January 25, 1870 .... .•••••.•....••......•.••..... ... ......••.•••........••. March 17, 1873 ....•.•••••..••••••.•..••.....••..••••..•........•.....••..... November 1, 1875 ..•...•..••....•.•.••....••......•.....•.•........•..•••••. Numb'er. 4910 8065 8567 7776 3092 3049 6772 Februaty 25, 1862, etc.). $205, 000. 00 110,000.00 147,163.83 300,238.26 219,742.06 42,567.49 10,347.53 Total. . . • . • • • • • • • • • • • • • • • . • • • . . • • . . • • . . • • . . . . • • . • . . • • . . • . • . • • . . • • • • • . . . . • • . . . . . . . . 1, 035, 059. 17 CLAIMS OF THE STAT.E .OF NEVADA. 57 A11w1ints and dales of payrnents rnade by the United States to the States, etc.-Continued. IOWA . . Refunding to States ex-Requisitions. penses iu-curred in rais-ing volun-teers (acts ,July 17, 1861. -----------·---:------,-----! Feb, nary 25, To re:im-burse the State for expenses in• curretl dur-ing the 1:e-bellion (act, March 3, 1869). Date. September 25, 1861 ..•...•..••.•.•.....•..•..••. September 7, 1862 ..•...•.•• ••••.••...•..•...... July 8b~8·6-~ :::::: :::::: :::::: ::::::::::::: :: : :: June 17, 1869. . ...•..•.••.•••..••.•••••••••... §~~~~:·18i!7~ :~?~.: :::::::::::: ::::::::::: ::::::: March 7, 1874 .... ...•••.....•..••••..•.•.....• . May 26, 1874 ......•.•.•.............••.... -.· .. . Number. 5112 7111 5917 5918 1137 3093 2679 8005 9395 Total ........ .......... ................. - .. -... ~ .... . ILLINOIS. Requisitions. 1862, etc.). $80,000.00 20,000.00 135,442.44 384,274.80 85,079.64 101,376.02 3,496.99 262.17 809,932.06 Refunding to States ex-penses in-curred in ra.is• ·-·----------· . ............... ................... ·-·---·--····· $229, 827. 39 ·-··---······· ----------·-- · ..................... .................. --------------,-' ing volun• Clothing, etc. teers (acts , ------------------~ ----, July 17, 1861, Date. Number. August 6, 1861............ ........... ..... •.• • . • . 4716 June 23, 1862 . • • . . • . • . . . • ••• • • • ••• • • . . . . • . .•• •• . 786,I, i~~:b!~ ii~21862:::::::::::::::: ~::::::::::::::: m: Do ..... ...... .......••...••...... .. .... . 8790 April 17, 1863 .•.•.. .••. .. .••• •• ... . .. .. .•••.• .. 627 i:fr~s;r~ ~~~~iii:::::::::::::::::::::::::·:::::: ~~:i June 7, 1867....... ..... .•• • • .. •• . . . . •. • . . .. • • • . 3403 • December 12, 1867............ .. .. • . . • • • • • . . • • • • 5791 December 23, 1868.... ... • . . ••• • •• • • • • • • . .. . . . . . 9256 Do.......... ............................. 9257 Decem her 28, 1869...... . • • • .. . .. .. • . . . • . .. .. • . . 2902 July 14, 1870 .. •.••.•.••• ·••••••.•••••.••.••.•••. 4689 April 12, 1871 ............................ ······1 6426 •. Tota\·--··· .•••••.•• ••• : ............................ . February 25, 1862, etc.). $400, 000. 00 .......... ... · ·iiu,' 234:2a· 357,747.48 ••••.......... 974, 568. 63 .•.•....•..... 110,028.44 ··· ··•·· ..•••• 320, 000. 00 ..•...•...•••• 30,000.00 . , ..••..•..••. 438, 265. 98 .....••••••••. 25, 680. 68 .......•••.. _ . 71,629.04 ..•••.. ••..••. 136, 345, 81 .•..••.••.••.. 6.00 ...••• ·••····· 52,397.69 ............. . 39,023.78 ..•••.....•••. 514. 75 ....•.... ..• •. 2, 956, 208. 28 Total. $80,000.00 20,000.00 135,442.44 381,274. 1-0 229. 827. 39 85,079. 6i 101,376.02 3,496.99 262.17 I, 039, 75.9. 45 Total. $400,·000. 00 124,234.23 357,747.48 974,568.63 nu, 028,44 3:lO, 000.!)0 30,000.00 438,265.98 25,680.68 71,629.04 136,345.81 6. 00 52,397.69 39,023.78 514. 75 3, 080, 442. 51 58 CLAIMS O'.F THE STATE OF NEVADA • .Amountt1 and d«,tes of payments made by the United States to the Rtates, etc.--CQntinned. Refunding to States ex• INDIANA. Requisitions. penses in. curred ini:ais• ingvolun• teers(acts July 17, 1861, ------------!" February 25, Collecting, org:anizing, and d1illing volunteers (act August 5, 1861)~ To re•imburse To refund the State for to State ex. expenses in . enrolling, pens~s m. etc., hermili• ~urredmra1~• tia (act mg 100 days March 29 troops (act 1867). ' May 6, 1864). Date. July 30, 1861 ...•••. August 2ll, 1861 ... . 0<.;tober24, 1865 ... . November 24, 1868. Do •.......... Do .........••. April 19, 1869 .••••. Do ..•..•...•.. May 27, 1869 . . .... . June 4, 1869 •...... Do ........... . June 17, 1869 ..... . Do .•••••...... Do .. ......••.. JulY: 28, 1869 .••••• Do ....••.••••• Do ....••..•••• Do ...•..•..•. ,Tnly 30, 1869 ..•••• August 14, 1869 .. . Do ........... . Do .• .••.••.... Do .... ... .. . October 16, 1869 .. . December 2, 1869 . . Do ........... . Do ........ . .. . December 22, 1869 . June 22, 1870 ..... . December 4, 1869 .. January 25, 1870 ... September 12, 1870 ,January 9, 1871 ... November 10, 1871 Do ........... . September 9,1874 .. October 30, 1874 ... Feb111ary 10, 1875 . N rrmber.11862, •to.). 4684 ¢l50, 000. 00 4813 ................ iioo:000:00· :::::::::::::. :::::::::::::: 8666 133, 302. 91 .•.......••••••••••.•........••••...•..••• 8917 415, 655. 39 . • • • • • . . . . . . . . . • • • • • • . . . . . . . . .••••...•.... 8918 700, 442. 43 . • • • • • . . . . • . . . • • • • • • . . . . . . . . . •••••...•.... 8919 198, 128. 14 . • • • • • . . . . . • • . . •.............•••••••.•.... 417 . . • • . . . . . . . . . . . .•• .• • • . • • • • • $243. 54 ... . .••.••..•• 418 . • • . . . • . . . • . . . . . . . . • • . . • • . . . 325. 39 .•••••.••..•. 871 .•• • .• •• .•• • .. . ..••• •. . •. . . . 289. 17 ......•..•.•.. 955 . . . • • • • • . . • . . . . . • • • • . . . . . . . . 545. 00 ..•.•.••.•..•• 956 . • • . . • . . . ••• • . .••• •• . • . • . • . . 289.17 ..••.....••••. 1130 .• ••.•..••• •.. ,.. . . • . . . •. • • • 298. 67 ••••••.••....• 1131 . ..• .• . . •.. . . . . . . . .. .•. . . ••. 298. 67 ........•••.•• 1132 . . • • . • . • • . . • • . . . . • • . . • • • . • • . 298. 67 ..•..••..••••• 1515 .••••. ·•••· •. . ...••. .. .••••. 118. 17 .•... ·•·•••••• 1516 . • • • • • . • •. . . • . . . . . • . . . .• . . . . 289.17 ....•••.•••••• 1517 . •• • •• • • • . . • • . . . . . . . • . . . • • • • 90. 59 .•••...••..••. 1518 . •• • • . • • • . . •• . . . . • • . . • . . • • . . 289. 17 .. •..••. •••••• 1529 ..• ••• . . •• . • • . .•. . •• .• .••... 289.17 ..•.•••.•••••• 1777 . . • • • • . . . . • • • . . • • • . • . . . • • • • . 298. 67 .•••••••••••.. 1778 .•••••...•.... ·····•·•··•••· 298.67 ·••·••••··••·• 1779 ... ••••..•••• . ······· •· ••••· 298.67 ....••. •• · .••. 1780 . •. • . • •• . •. • •• . •. • . • . . . •• . . . 362. 10 .•.•••..• . .••. 2291 . . . • . • . . . • • . . • • • . • . . . • . . . • • • 722. 07 ..... , ..•••••• 2654 . .. • •. . . .••••• •.•••• .. .••••• 240.13 ......•. ·•·••• 2655 . . . . . . . . . . . • • • . • • • • . . . • •• . • • 647. 77 .•...•.••..••. 2656 ....•. . .. ••• •. ·••••• •. . •• . •• 667. 36 .•••••.••..••. 2885 . . • • . . . . . • • • • • . • • • • • • • • • • • • • 104. 00 •.....••.•••.• 4574 . . • • . . . . . . . . . . . • • • • • . . . • • • • • 464, 923. 24 ....•.......•. 2680 40, 523. 55 . • • • • • . • • • • • • • . . • . . • . . . . . • . • $888. 60 3085 . . . • • • . . . . . . . . • • • • • • . . • • • • • • 122. 00 .....•..••.••• 4956 23, 255. 00 . • • . . • . • • • • • • • • • • • • • . . . . . • . . . •••••.••..••. 5765 . • • . • • . . . • • . • • . • . • . . . . • • • • • • 100. 00 ..••.•.••..... 951 .•••••.. .•.••. ...... .. ...••• 22. 60 .••••• ··•••••· 952 .....• ..•. .••. ..••.. .••.. ••. 13. 40 .••••••••••••. 1030 . • . . . . . . . . . . . . . . . . • • . . . . . • • . 11, 218. 96 ..••••..••.••. 1505 112, 267. 56 ..•..•.......•••••••.........••••..•.••••• 2294 10, 362.01 .••••..••..••..••...•..........•••...••••• Total •.•• .'.. . . . . . . . . . . . . 2, 083, 936. 99 483, 704. 19 .....•.••..... MINNESOTA. Requisitions. Refunding to States expen• ses incurred in raising: vol• ----------------i unteers (acts July 17, 1861, etc.). Dat~. November 12, 1868 ..••....••....••••.•.•.........•......•..•.. November 12, 1868 ..••.•..•..•...•.•.••.•....•....••.•.•...... November 28, 1868 .•••..••••••••••••.•••....•..•.•.•.•.••.••.. Number. 8684 8685 8968 Total. •.••..•.•.•..••••••••••.•••..•.•.•..••••••........•••••••••••. -------=-- ---.....:.,.- -$15, 137 .. 74 45,215.23 10,445.48 70,798.45 Total. $450, 000. 00 100,000.00 133,302.91 415,655.39 700,442.43 198,128.14 243. 54 325. 39 289.17 545. 00 289.17 298. 67 298. 67 298.67 118.17 289.17 90.59 289.17 289.17 298.67 298.67 298. 67 362.10 722.67 240.13 647. 77 667. 36 104. 00 464,923.24 41,412.15 122. 00 23,255.00 100.00 22.60 13.40 11,218.96 112,267.56 10,362.01 2, 668, 529. 78 Total $15,137.74 45,215.23 10,445.48 70,798.45 CLAIMS OF THE STATE OF NEVADA, 59 .Amounts and dates of paymenttJ made by the United States to the States1 etc.-Continued. Requisitions. Date. KANS.AS. Refunding R!b~t~1!:1g to States. ex• for expenses peus~s i?•. in suppress-et~rred .n rais• ing the rebell-mg volun• ion (acts Feb• teers (acts i·uary 2 1871 .Tuly 17, 1861, and ,Tuite 8,' Number. etc.). 1872). 3734 6473 6474 6475 827 5245 26ci]. 6383 $9,360.82 ......... .... . ........... -·· $110. 00 .... ··-- ·-· --· 110. 00 ··-···· ... ·-· 110. 00 . . . . . .. . . . .. . . 336,817.37 2,073.34 ·····•···•···· 26,604.05 . --· .....•.... 8,952.57 .. - .. --· ----·. Total ......••••• •..•....•••..•. .••••............••••. 46, 990. 78 1 337, 147. 37 :YEBR.ASK.A. Refundinj! to Requisitions. States expen. ses incurrecl in raising vol-unteers (acts .Tuly 17, 1861, Date. Number. etc.). ;, , July 12, 1884 ....••.••.•.••.•....•.•..•• ; ....•.•......••....... 6018 $485. 00 COLOR.ADO TERRITORY. Requisitions. Payment for services of militia.in 1864 ·(act July 25, Date Number. 1868). January 23, 1869 ............................................. , 9568 $55,238.84 MISSOURI. Requisitions. Act to authorize the Refunding aS0upptrlaynins~ Reimbursing Secretary of the ---------1 to States ex- d State for Treasury to ex-penses in- porting arms, militia ex- amine an?- report Daiiie. curred m rais- etc .. to loyal penses during u. po:n claims for ing volun- citizens of the rebellion payments made by teers (acts revolting (act April 17, ~h.e .Sta.te to her_ .Tuly 17, 1861, States (act 1866) miht1a smce April etc.). July 31, 1861). · 17, 1866 (approved January 27, 1879). Total. $9,360.82 110.00 110.00 110.00 336,817.37 2,073.34 26,604.05 8,952.57 384,138.15 ' Total. $485.00 ,. Tot.al. $55. 238. 84 Total. October 6, 1862. - .. 8606 . . . . . . . . . .. . . . $125,000.00 . •.. .. .. . . . . . . . . • . . . • .• •• •. • . . . . •. $125, ooo. oo April 24, 1867 . . . . . 3042 ......... - . - - .. - .. . . . . . . . . . $3, 023. 79 .•••••....•....• _ • • • 3, 023. 79 Do .. - - - . . • . . . . 3043 ........... - . . . - . . . . . . . . . . . . 645, 33 l. 08 .••..••...•.•.•. _ . . . 645, 331. 08 July 17, 1867 . . . • •• 3944 . - - ... - . . . . . . . . . . . . • . . . . . • . . 1,696,391.46 .• •• •• ••••••.• •• •• . • 1,696,391, 46 August 22, 1867 - - . 4443 . . . . . . . . . . . . . . . . . . . . . . . . . • . . 1, 000, 000. 00 •• • • • • . • • • • • . . • • • . . . 1, 000, 000. 00 September4,1867. 4500 ............................ 1,817,864.66 .•••••.•••••.•..•••. 1,817,864.66 September 27, 1867. 4982 . . . . • . . . . . . . . . . . . . . . . . • • . . . . 1, 128, 807. 25 .•...•.•••••..• _ .•• _ 1, 128, 807. 25 Sepwm ber 9, 1867 . 4605 $646, 958. 23 646, 958. 23 October24,1867 ... 5280 ., ............. :::::::::::::: ····78,"044,-50· :::::::::::::::::::: 78,044.60 Do. - .......... 5281 ....... - ... . . . . ..• .. . . ...... 171,960.86 . • •• .••••• .•••••.•.. 171,960.86 August 12, 1868 . . . 7587 .......................•.• ~. 32,445.40 . .. . •• . • . • . . . . . ••• • • 32,445.40 Aug~~~~~:~.8~.:::: m~ :::::::::::::: :::::::::::::1~::::::::::::.1 $234,m:ii 1--2-34_,_ti_~_: i_g Total ,,~·······-··.·· ··········· .............. 6,573,869.10 j 234,594.10 7,580,421.43 60 CLAIMS OF THE STATE OF N'.EVADA . .Amounts and dates of payments niade by tke United States to the States, eto.-Continued . • MICHIGAN. Requisitions. Date. Number. August 27, 1861 . . • • • . • • • • • • • • • • • • • • • . • • • • • • • • • • • . • • • • • • • • •• • • • • •• • • • • .. • • • • . 4848 June 14, 1867........ •• •• • .. • .... •• • •• • .. • • •• .... • • • .. • • .. • • •• ... • • • • • • •• • • • . 359t June 10, 1868. •••. ..... . ..................................................... 6672 Do................................................................... 6673 October 22, 1868. .... .................. •••• .............................. .... 8444 January 5, 1870. ..... ... . ..... •••••• .............................. ...... .••. 2928 June 15, 1872...... .......... •• • ••• • • •••••• •••• •• • .... • • • • • • .. • • .. • • • •• ••• • • . 2695 ~:la~l!;t is16: ::: : :: : :: : ::: :::::::: ::: : :~: ::: ::·:::::::: :~: :: : ::: : :: :::: :: ~t~~ May 11, 1877 • • • • • • • .. .. • . • .. • • • • .. .. • .. • • • .. • • .. • .. • • • • • • • .. • • • • • • • • • • • • .. • • 4154 February 7, 1878 • •• • . • • . . • • • • • • • • .. • • • • • • • • • • .. . • • • • • • • . • • • • • • • • • • . • • • • •• • • • 5259 July l~,0::~.:::: ::::: ~:::::::: :: : : :: ::: : : : : : : ::::: :~ :: ::::::: :: : : : ~::: ::: : :: ..••••• ~~:~. July 1, 1880 ..•••••••• ••• ....... . ...... .............................. ........ 6760 I DELAWARE. Refunding to States ex• Requisitions. pensesin-curred in rais• Subsistence. ing volun• teers (acts July 17, 1861, Date. Number. etc.). r 4378 $6,511.41 ·- -· ·······-·-4476 15,072.09 ······- ·----·-4605 4,558.26 ······----·-- · 4653 2,828, 00 ---------··-·· 5963 ······-··----- $3,019.20 June 12, 1877 . ............. . .... . .............. . June 25, 1877 ............ . ... . . .. ............. .. August 24, 1877 ....... ... ..................... . September 25, 1877 . . .... . ..................... . October 20, 1864 ... . .. ... ...................... . Total ...... . .. . ....... . ............................ .. 28,969.76 3,019.20 MARYLAND. Requisitions. Refundiug to States ex. , penses in-curred in rais-ini:r volun. tears (acts July 17, 1861, etc.). $92,000.00 254,400.59 171,598.44 172,098.24 17,302.41 ]9, 035. 55 58. 892. 00 14,224. J5 555.10 1,088. ~o 3i3. 70 347. 60 42,345.95 844,262.53 Total $6,511.41 15,072.09 4,558.26 2,828 00 3,019.20 31,988.96 Refunding to States expenses in-curred in raisin~ volun-teers (act.s July 17, 1861, Date. Number. etc.). • 7181 $7, 101. 52 208 3, 550. 28 2467 4,141.71 6791 50, 063. 14 7350 16, 861. 70 2393 32, 893. 02 3194 rn, 759. se 4546 4, 708. 84 Total ............ .. ..... .. ................... .. .................................. . 133,140.911 CLAIMS OF THE STATE OF NEVADA • 61 .A.mounts aml dates of 1wyments made by the Un'ited States to the _ States: etc.-Continued. VIRGINIA. Requisitions. Date. N ovem her 22, 1861. •..••..••......••.• ••• • .•••• •.••...• •••••.•••••.. , ...•••.. July 26, 1862 .... .. ... ............ ... ..... .................................. . July 24, 1868 . . .... .................... ..... .. .............................. . January 18,1869 .. ............................. .............. ?·········----· Number. 5780 8128 7407 9536 Total ................................ -.. ............................. . .... . ...... . WEST VIRGINIA. Requisitions. Date. March 27, 1867 ........................ ........... . Do .............................. ~·········· March 29, 1867 ...................... . ......... .. . April i)i~~:. :: : : : :::: :: ::::::::::: ::: :: : ::::::: :: Do ........ ................... ............. . May 20, 1867 .. .................................. . Do ..... ................................... . Do .... .............................. ...... . Do ................................ ........ . Do ................... J ............... ..... . July 8, 1867 .. .. . .............................. .. . July 9:n1":.6:. :: : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : August 5, 1867 ...•. -.............. ...... .. ....... . Do ...•. .......•........•..........• .•...... . Augu~0io,·isfii."." ." _- .' _-_-_- _-_-_-_-_- _-:::: _- _-:: _- _-: _- _- :::'. ::: llo ......................... ... . . ... ..... .. . Do ........................................ . September 13, 1867 .............. ..... .......... . . Do .......... : .......................... ... . Do . .................... .. ... .. .. . ......... . October IQ, 1867 .•• ·~ ..... . ..... ...... ...... ... . . . Do .......... · ............ . .. ............... . Do ... ........ ................... . ... ..... .. '.November 22, 1867 ..•••••••••••.•••.•.••..••• .• • . Do ........................................ . .Jan nary 22, 1868 ..•.........•••••• •••••• •••••. ••. Do ........................................ . . Do ..... ......................... .......... . Do .. ......... ........ .......... ... ..... . .. . June 12, 1868 ............. ... : •••• ................ Do . ... .................... .. ~ .. ··-········· Refunding to States Reimbursing expenses in• the State curred in for expenses raising volun• incurred teers (acts (act June 21, July 17, 1861, 1866). Number. etc.). 2434 2485 24P6 2594 2595 2596 3342 3343 3344 3345 3346 3842 3843 3844 4029 4030 4031 4431 4432 4434 4673 4674 4675 5108 5109 5110 5559 5560 6069 6070 6071 6072 6744 6745 $153, 978. 75 $1,068.38 420. 08 1,086.63 391. 67 407.17 391. 67 382.17 385.17 291. 00 119. 00 366. 17 376.17 376.17 298. 67. 364.17 289.17 364. 17 376.17 298. 67 376. 17 298. 67 376.17 376.17 364.17 289.17 364.17 376.17 376.17 216. 00 1,012.19 983. 33 944. 89 302,679.28 Total .......................... _............ . . . . ... . . . 153,978.75 317,085.19 Refunding to States expenses in• curred in raising v6lun• teers (acts July 17, 1861, ' etc.). · $12,000.00 14,319.24 6,128.62 , 16, 022.11 48,469.97 Total. '$1,068.38 420. 08 1,086.63 391. 67 407.17 391. 67 382.17 385.17 291. 00 119.00 366.17 376.17 376.17 298. 67 364. 17 289. 17 364.17 376. 17 298. 67 376.17 298. 67 376.17 376.17 364.17 289.17 364.17 376.17 I 376.17 216. 00 1,012.19 983. 33 944. 89 .302, 679. 28 1~3. 978. 75 471,063.94 62 CLAIMS OF THE STATE OF NEVADA . .A1nountB and dateB of paymentB rnade by the United StateB to the StateB, etc.-Continued. KENTUCKY. Requisitions. Refundingto Reimbursing States .. the State for .Army t~·aus-expense~ rn- expenses in portat1on., ----------::-:------~----, ~n~rred rn suppressing 1871 and pnor ra1srng volun· th . b 11 . years, act Date. May 26. 1862 ..••••..••••...•...•. June 27, 1862 ................... . June 3, 186:J .................... . March 8, 1864 ........ : ......... . February 8, 1867 ................ . Do .. .... ................. . April 24, 1867 .................. .. June 5, 1867 ................. .. August 26, 1867 ................ .. October 15, 1867 ........ .. ....... . March 9, 1868 ... · •••......••.•.••. June 11, 1868 ................... .. August 25, 1868 ........... · ..... .. August 5, 1869 ................. .. April 27, 1870 .. ................ .. October 22, 1870 ................. . May 29, 1871. .................. .. June 17, 1871. .................. .. August 20, 1872 ................. . March 16, 1874 ................. .. .April 18, 1874 ................... . November 2, 1874 ............... . July 13,.1875 ................... .. December 17, 1875 .............. . June 13, 1876 .................. .. November 25, 1876 .............. . May9,1877 .................... .. June 1, 1877 ................... .. MarQh 10, 1879 . ................. . July 1, 1880 .................. .. .August 9, 1882 ................. .. March 13, 1883 .................. . Kumber. 7604 9901 1056 4172 2086 2087 3044 3369 4445 5183 6261 6693 7691 1607 4062 5236 6868 7081 966 8136 8730 1535 5981 7157 9080 1082 4136 4270 717 6763 6381 412 teers (acts e 10 e !OD March 3 1877 J 1 (actJune8, d ii. '. u ~£0:/861, 1872, etc.). ( e mencies). $315, 000. 00 436,000.00 100,000.00 200,000. 00 155,115.09 606,641.03 40,398.30 79,674.75 40,623.39 83,412.64 34,341.78 40,823.56 31,812.53 14,308.48 28,174.51 145,710.00 50, 119. 75 130,543.60 . .. . . . . . . . . . . . $525, 258. 72 ............ .. 30, 588. 53 58, 199. 32 ............ .. .....••••.. - . 6, 728. 25 ..•..••....... 3, 568. 23 35, 490. 65 ........... .. 24, 817. :13 33, 739. 93 ............. . 4, 538. 85 8, 411. 33 ............. . 25, 531. 94 7, 046. 38 ............. . 4~ 967. 08 390. 27 ............ .. .. .. .. . .. .. .. . .. . .. . . .. .. .. . $101,121. 05 10, 452. 27 4, 114. 53 ............ .. 6, 091. 85 ......... . ................. . . . . .. . . . . .. . . . 15, 000. 00 ............. . 36,211.81 29,498.94 Total. $315, 000. i)fJ 436,000.01) 100,000.00 200,000, OU 155,115.09 606, &!I. 03 40,398.30 79,074 75 40,623.39 83,412.64 34,341. 78 40,823.56 31,812.53 14,308.48 28,174.51 145,710.00 50,119.75 130,543.60 525,258.72 88,787.85 6,728.25 39,058. !!8 58,557.16 12,950.18 32,578.32 5,357.35 101,121.05 14,566.80 6,091.85 15,000.00 36,211.81 29,498.94 'lo~a!.............. • . • .. . . . .. .. • • .. . . . . 2, 708, 966. 14 694,379.38 101, 121. Q5 3, 504, 466. f>7 CLAIMS OF THE STATE OF NEV ADA. APPENDIX A.-Staternent of arnounts refunded to States for e:xpe-nses itwu1·recl in raising volunteers for icar of-the rebellion, paid th1-ough the office of the Second Auditor. Date of pay- No. Amount paid State. of war- Total. ment. rant. t.o States. -New Hampshire .•.•.. .•..••. ..... . ..•..••••••..••. June 15, 1863 8436 $450. 00 $t50. 00 Massachusetts .•••••.••••. ....••...• ·······--·-·· Apr. 18, 1862 8565 7,608.88 7,608.88 NewYork .............. ....... . ............... .. { Apr. 13, 1863 6750 191,288.46 } Apr. 19, 1864 5760 5,787.65 198,938.52 July 16, 1864 7155 1,862.41 New.Jersey ......... ... ... .... ...... ....... .. ... . { Dec, 18. 1883 2589 46,042.93" } 96,859.44 Jan. 19, 1865 134~ 50,816.51 Pennsylvania .•••.••••••.•.•••• : •• . ••••.••.. ..... .. June 18, 1866 8447 667,074.35 667,074. a5 Apr. 17, 1862 8477 68,701.60 July 14, 1862 838 74,508.95 Nov. 7, 1862 2795 .61, 439. 45 -Nov. 7. 186'.l 2796 2, 707.!ll Dec. 8, 18(i~ 3'108 n,445. 80 Jan. 8, 1863 4017 237, i69. 311 Apr. 1, ]863 6443 23,207.64 I ~ Apt·. l, 1863 6444 49,122.20 May 2, 1863 72.!)8 17,928.98 July 8, 1863 89i6 47,594.30 I Au~. !J, 186H 056!1 38,548.76 Indiana ...... . .. ................................. , Sept. 27, 1863 527 53. 971. 55· ~ 1, 07:l, 208. 51 Nov. 7, 1863 l!l::!2 41,361.88 Apr. 13, 1864 562:i 50, 217.17 I Apr. 23, 1864 5915 16,933.39 Apr. 15, 1864 5654 47,355.62 Apr. 19, 1864 5786 27,404.56 I June 20, 186'! 6685 64,352. 26 -Jan. 22, 1864 34(i6 32,000.00 j June 20, 1864 6681.i 13,273.82 July 23, 1864 7317 3,026.79 Feb. 14, 1866 7352 5,902.55 .A pr. 9, 1866 7813 74: 75 Dec. 18, 1868 5168 23,859.28 . tiliuue11ota .••••••• ••••••••••..••.••.•••...•••• . ... . Dec. 16, 1863 2577 276. 75 276. 75 ---·--'.rotal .........•• •.•...• · ...••. .•••.•••...•. • . . .............. . ............ . ..... ......... 2, 044, 4 \6. 45 ~ ,. REC.A.PITUL A. TION. 8tat6S. Amount. Connecticut .•. .. •. .....•..•... • .... $2, 096, 050. 46 Massachusetts ... ..•............ . •.. 3, OtiO, 483. 07 Rhode Island...... ............. .... 7::!:J, 5BO. 15 Main~ ....................... _....... 1, 027, 1~5. 00 New Hampshire. ...... ..... ...... . . 976,081.92 Vermont....... ............. .. ..... . 832, 557. 40 New York . .•..... ...... ... ... . ..... 3,957,096.98 I New Jersey ...•.• ••• ; • . . . . . . . . . . . .. 1,420,167.35 Pennsylvania. .......... ...... . ..... . 3,204,636.24 , Ohio ...... : . •. •• .. •• • . • . . . .. . . . . . . . . 3,245,319.58 1 Wiseonsin. •.. • • ••••.•..•........•.. 1,035,059.17 Iowa . . . . • . . . . . . . . . .. . . . . . • . . . • • • • . . 1, 039, 759. 45 Illi~ois . . • . . • • . . . . . • • . . . . . . . • • . • . • . . 3, 080, 442. 51 Imhana ............... . ............ . 2,668,529.78 Minnesota ..•..•.•... .. ........•.. _. 70, 708. 45 S. Ex. 2-2(> States. 0 Kansa s ... .................. . ...•. . Nebraska ........ .. ...... ...... .. . ·colorado Territory ....... ...•..... Missouri. .......... .....• ... . . ... •.. ~~f!!~t~ :::::: .-.-.-.-.:·.:·:::: :::: :: : W:i!-i1!:i~~---------·: ::::.::::: · ::: :::::: ~~t~!~t~~~:: ·.:::::::::: : : : : : : : : Am.ount. $384, 138. :.5 485. 00 55,233.84 7, 580, 421. 43 844,262.53 31,988.96 133,140.99 48,469.07 471,063.94 3, 504, 466. 57 . 42, 093, 173. 89 .Appendix A ............ .... .. ..... ~4, 41?. 45 Tota] ..... _-... . . . . • • • . . • . • • • . . 44, 187, 500. 34 64 CLAIMS OF THE STATE OF NEVADA. Statement of appropriations, under ge·neral act approved July 27, 1861, on account of refund-ing to States expenses incurred in raising volunteers for the supp1·ession of the rebellion and of amount carried to the surplus fund, showing total amount of adrances to the State; on this account. Djte of acts making appropriations. !W~A~l~~~i~~:::::: ::::::: :~::::::: :: :::::::: :: : : : :::::::::: Do ..... ................................... ... _. ...••..... Do ....•..•••...•..•...••....•.•........•....•.••..•....•. May 18, 1872 .................................................. . June 10, 1872 ................................................. . . March 3, 1873 .................................................. . June i3, 1874 ................................................. .. March 3, 1875 ............ _ ••••...•••..•• ••••. •.•...•••••. ••...•. June 20, 1878 .................................................. . March 3, 1879 ........... ,. • .. • • • • • • • • • . • • . • • • • • ••..•••••••...•. Junn 16, 1880 ........................................... ....... . March 3, 1881 . .•.•••••.••••...•..•..•.•••.••.••••••.••...•..... August 5, 188'.l ............................................... . March 3, 1883 . .••••••••••• :-:: ................................... . July 7, 1884 ................................................... . 0l:~r- Date of war- Amount of ap-rant. rant. propriations. 2 July 22, 1861 7 Mar. 18, 1862 80 Juno 30, 1860 95 June 30, 1870 115 June 30, 1871 124 May 20, 1872 135 July 1, 1872 151! I July 1, 1873 171 July 1, 1874 196 July 1, 1875 273 July 1, 1848 282 Mar. 7, 1879 308 Jnne 21, 1~80 330 Mar. 11, 1881 377 Aug. 8, 1882 386 Mar. 10, 1883 426 July 8, 1884 $1 o, 000, 000. 00 15,000,000. 00 1,144,815. 04 814,02i.2j 2,379, 246. i2 1, 000, 000. 00 500,000.00 300,000.00 230 OLO. 00 250, ouo. 00 112,264. 01 14,328.41 109, 7~5 39 54,975.1 2 306,002.15 148,160. 9t 216,643.72 Total. . • • . .. . . . . . • . • • • .. . • . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32, 600, 188. 73 Dtiduct amount carried to surplus fnncl .......••..•.. ,, . . . . . . . . . . . . • • • •• . . . . . . • . 467,538. 83 Total advanced to the States............................. . • . . .. • . . . . . • . • • • . . .. . 32,132,649.90 Surplus fund, warrants, number, date, and amount. ~!t I;;: i~: mi : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : $4tl Hl ~i Total to surplus fund.................... . .. • • • . • •• • • . • • • • • .. . • • . . • .. • • . . . • • • .. • . • • • • 467,538. 83 EXHIBIT No. 8. JOINT RESOLUTION OF THE LEGISLATURE OF NEVADA, DATED MARCH 29, 1867, PROVIDING FOR ASCERTAINMENT AND ASKING PAYMENT OF IN-DEBTEDNESS INCURRED BY TERRITORY OF NEVADA IN SUPPRESSING INDIAN HOSTILITrns, ENROLLING VOLUNTEERS, ETC. Whereas the national Government bas invariably paid all proper expenses incurred in carrying on the Territorial governments inaugurated by Congress; and Whereas, on account of our peculiar locality and situation, the amount appropriated by Congress to carry on our Jate Territorial government was wholly inadequate to meet the necessary expenses of the Territorial government; and Whereas a large amount of e9uitable indebtedness, created prior to the organization of the Territory of Nevada, wlule we were yet a part of Utah, bad accrued, which the Territory deemed to be resting upon the community as a just obligation, and which was assumed and paid by the Territory and State of Nevada; and Whereas other moneys have been expended by the State and Terrif1ory in suppres -fog Indian hostilities, and also in payment of our volunteers in the service of the United States: Therefore, be it Resolved by the sm!ate, the assernbl!/ concurring, That the governor of the State of evada be, and be 1s hereby, authorized to cause to be made up a true and correct statement of the amount of Territorial indebtedness of the late Territorv of Nevada a urned by the State of Nevada, including therein the entire amount paia' bytbe State to the Nevada soldiers in the service of the National Government, the amount paid on old 'Jarson County indebtedness, and the amount expended by the State for the sup-pression of Indian disturbances, aud forward the same to our Senators andRepresent-ll ive in Coowe . for adju tmeot (Sta,~s. ~ey., ~867: :P· l83), - · · ·· · · · CLAIMS OF THE STATE OF NEV ADA. 65 EXHIBIT No. 9. MEMORIAL OJ<' THE LEGISLATURE OF THE STATE OF NEVADA, DATED FEBRUARY 1, 186H, RENEWING PRAYER FOR PAYMENT OF INI)EBTED-NESS INCURRED BY TERHITORY OF NEVADA IN FURNISHlNG TROOPS FOR THE SUPPRESSION OF THE REHELLION AND INDIAN HOSTILI-TIES. 1'0 the honorable the Senate and House of Representatives of the United States in Congress assembltd: · Your memorialists, the legislature of the State of Nevada, wou lLl respectfully repre-sent that the National Government bas invariably paid all proper expense incurred in carryino· on t,be Territorial governments i11augurated by Congress; and Wherea;the prese11t State of Nevacb, on account of its peculiar sit.nation and locality, has found the amount appropriated by Congress to carry on its ]ate Territorial govern-ment was wholly inadequate to meet the necessary expens~s of the said Territorial government; and Whereas a large amount of equitable indebtedness, created prior to the organiza-tion of the Territory of Nevada, while we yet were a part of Utah, had accrued, which the Territory deemed tu be resting upon the community a,s a just obligation, ·aind which was assumed and paid by the Territory and State ot Nevada; and Whereas other rno11eys have been expended bytbe State and Territory in suppressing Indian hostilities, and also iµ payment of our volunteers in the service of the National Government; and Whereas thn legislature of the State of Nevada, in special session, passed on the 29th day of March, A. D. 1867, a, joint resolution authorizing the governor to cause t() ,be prepared a correct st,atemeut of the amount.of snch indebtedness assumed by the State, incLuli11g the arnouut paid by the State of Nevada to the soldiers of that State in thb service of the National Government, the amount paid on olr~igu or Indian, begiuning with the act of March 3, 1825, to re-miburse Virgmia for mterest on advances ruadedurincr the war of 1812, to that of March 3, 18131, to re-imlrnrse California on account of sim~ ilar expenditures made in one of its [ndian wars; and Whereas during the late war, and under the authority of said re-imhursernent act of 1861 and 1862, the State of Nevada actvanctd to the United States money whi ch it uorrowed, and on which it paicl interest, and wliic11 interest has in no part been re-funded by the United States, but is now justly due the State; and Whereas there are now pending in both branches of the present Congress measures designed to authorize the settlement of the claims of tlw several States for such in-terest ( being bills S. 2000 and II. R. 2463), and which saiu measures have been reported ou hy the committ.ees to which they were referred, in both houses, in unanimously favorable reports: Therefore, l.Je it Besolved by the senate, the assernbly co1wu,rring, That our Senators and Representative in Congress be, and they are hereby, 1·equested to give their active support to said bills, or to others having the same object in view, and to use their best endeavors in co-operation with the agent of this State, and in support of his efforts, to thus secure to the State the amounts by her expended, as aforesaid. Be it jiwtlier 1·esolved, That a copy of the above preamble and resolution be sent by the governor of this State to our Senators and Representative in Congress and to our State agent. (Stats. Nev., 1885, p. 145.) EXHIBIT No. 11. MEMORIAL OF LEGISLATURE OF NEV ADA, DATED JANUARY 26, 1887, SIMILAR TO "EXHIBIT NO. 9," ASKING FOR RE~IMBURSEMENT FOR EXPENSES INCURRED IN FURNISHING TROOPS .F'OR THE SUPPRESSION OF THE REBELLION AND INDIAN. HOSTIUTIES. Whereas claims of the State of Nevada against the United States, grow.ing out of tLe late war of the rebellion, have been properly made out, authenticated, and for-warded to the proper authorities of the Government for allowance and payment; and . Where~s it appears from correspondenc.e between the agent of this Stat~at Wash-rngton q1ty and the State comptroller that there is danger of great delay in respect~ final action upon said claims, if not of their ultimate rejection and non-payment rn 11art., 1f not wholly; and ... Whereas it has been established that said claims are most just and equitable, and ought to be paid witho!1t. further delay, therefore the senate and asse~bly_ of thfl State of Nevada hereby Jomtly memorialize our Senators and Representat,ive m Con-gress, and do most resp_ectfully aud urgently request them and each of them, to use all proper means and efforts before thE:1 honorable Secretary of War, before Congr~ss, or a1;1y other Department, body, or officer, so far as necessary, to secure ~be earlles~ possibl~ allowance and payment of our said war claims a,o-ainst the Umted Sta.es, aud be 1t . · " , Resolved bp the senate and assenibl.tJ, Jointly, That his excellency the governor be, an~l hereby is, respectfully requested to forward by mail a certified copy of the fore-g-•,rng (to be accompanied by a printed copy of the recent argument of Capt. Joh::i. Mullan befor~ the honorable Secretary of War upon the allowance of said claims) to each of our Sen;:ttors and Representative in Congress at the earliest practicable date ; !~1i that he.and Ho~. J. F. Hall_?ck immediately telegraph to Capt. John Mullan that p. l4~)morial and argument will be so forwarded without delay. (Sta,ts. Nev., ltl87, CLAIMS OF THE STATE OF NEVADA. 67 EXHIBIT No. 12. ' JOINT RESOLUTION IN1'RODUCED BY SENATOR FAIR PROVIDING FOR AS-CERTAINMENT BY SECRETARY OJ;"' WAR OF CLAIM OF THE STATE OF NEVADA, ON ACCOUNT OF THE W.A.R OF THE REBELLION, ETC. [S. R. 13, Forty-sevent,h Congress, first session.] IN THE SENATE OF THE UNITED STATES. DECEMBER 13 1881.-Mr. FAIR asked and, by unanimous consent, obtained leave to bring in the follow-ing joint ~esolution; which was read twice and referred to the Committee on Military Affairs. Joint resalittion to authorize the Secretary of Wai· to ascertain and 1·ep01·t to Congress t]w arnount of rnoney expended and indebtedness assumed by the State of Nevada in npelllng · invasions, suppi·essing insurrection and Indian hostilities, enforcing the la1cs, a,nd protect-ing the public property. Resolved by the Senate and Ho11se of Repi·esentatives of the UnUecl States of .tl:rnef'ica in Congress assemblecl, That the Secretary of War be, and he is hereby, authorized and directed to cause to be examined and adjusted all the accounts of the State of Neva.(la _ ao-ainst the United States for money expernled and indebtedness assumed in organiz-ilrg, arming, equipping, supplying, clothing, subsisting, transporting, and paying either the volunteers or militia, or both, of the late ·rerritory of Nevada and of the State of Nevada, called into active service by the governor of either thereof after the fifteenth day of April, eighteen hundred and sixty-one, to aid in repelling invasions, suppressing insurrections and Indian hostilities, enforcing the Jaws, and protecting the public property in said Territllry and said State, a!1d upon th~ borders of sarne. SEC. i. That the Secretary of War shall also examme and adJust the ·accounts of the late Territory of Nevada and of the State of Nevada for all other expenses neces-sarily incurred on account of said forces having been called into active service as herein mentioned, inclucJing the claims assumed or paid by said Territory and said St.ate to encourage enlistments, and for horses and other property lost or destroy :d while in the line of duty of said forces: Provided, l'hatin order to enable the S_ecre-tary of War to fully comply with the provisions of this act tLere shall be filed in tJie War Department by the governor of Nevada, or a duly-authorized agenji, an abstract-,-· accompanied with proper certified copies of vouchers or such other proof as may be required by said Secretary, showing the aruonpt of- all such expenditures and in-debtedness, and the purposes for which the same w~re made. SEC. 3. That the Secretary of War shall report in writing to Congress, at the ear• liest practicable date, for final action, tlie results of such exarJ!ination and adjust-ment, together with the amounts which he may :find to have been properly expended for the purposes aforesaid.-EXHIBIT No. 13. STATEMENT OF CON'PROLLER OF NEVADA,' SHOWING AMOUNTS PAID AND ASSUMED BY THE TERRITORY AND SUBSEQUENTLY ASSUMED AND PAID BY THE STATE OF NEVADA ON ACCOUNT OF THE WAR OF THE RE~ BELLION. WAR CLAIMS, OFFICE-OF THE ST_,\.TE CONTROLLER Carson City, Nev., Novembe1· 1,. iss2. ro His Excellency JOHN H. KINKEAD, Governor of Nevada : Sm: In conformity with a law of Cqngress providing for -the adjustment of the claims of this State against the Unitecl States, I have the honor to rep.ort that the following abstracts show the amounts paid a!ld assumed by the Territory and State of Neyada on account of the war of the rebellion, * * * as appears by the records nf this office. Respectfully submitted, J, F. llALLOCli, Btate ContfoUer. 68 CLAIMS OF THE STATE OF NEVADA. AnsTRAC.:T A.-Showing disbursements by the State of Nei•ada, and as auccessor to the Territory of Nei,ada; on account of costs, charges, and e'tpenses for recruiting, organiz-ing and enrolling the 1,~litntee1·s and military forc~s in the Territory and S!ate of Nevada, in the service of the United States, and employed in the defense of the United States dur-ing the war of the rebellion. Date. 1865. May 1 1 1 1 1 1 May 29 31 31 June 6 Aug. 22 4 31 Sept. 2 Nov. 10 Dec. 8 19 May 1 J 1 1 1 1 1 1863. Oct. 1 Jan. 18 1865. Feb. 18 1863. Dec. 2i} Oct. 1864. Oct. 29 1863. Dec. 3 f 1864. Oct. -No.of warrant. 1174 1175 1176 1177 1178 1179 1234 1238 ]239 12ti6 1414 1421 1965 1976 2079 2208 2292 1167 1168 1169 1170 1171 1172 1173 ' To whom issued. N . P. Sheldon ...... .••..... A.B. Wells ...... ......... . A. Koneman ......•........ Steiner & Koneman .•••... A. Koneman .............. . Noyes Bald win .......... .. L. C. McKee}ey ........... . A.B. Wells .............. .. Milo George ....• : ........ . William Kline ............ . Jos. W. Calder ..... ....... . Jos. W. Calder. ........... . J. Neeley Johnson . . . .. .. .. C. C. Warner .......•.••. .. George A Thurston .•...... :. 0i~lb!ta:i~k4!1 : : : : : : : : : : : : M . P. Sheldon ....... ... .. .. M. P. Sheldon .....••..•.... M. P. Sheldon ....••........ M. P. Sheldon ............. . M. P. Sheldon ............ . . M. P. Sheldon ........ , .... . M. P. Sheldon .......... ... . Remarks. 65 mt>n, at $10 per capita ................ .. 32 men, at $10 per capita ................. . 20 men, at $10 per capita .................. . 15 men, at $10 per capita ...•..••••••••.••. 38 men, at $10 per capita ................. . 90 men, at $10 per capita ..••••.•••........ 19 men, at $IC per capita .•••.•.•••.•••••. 5 men, at $10 per capita .................. . 93 men, at $10 per capita .•••••••.••••... ., 30 men, at $10 per capita ........... : .... .. 7 men, at $10 per capita .•••.•..• ,. .••••••• 50 men, at $10 per capita ................. . 96 men, at $10 per capita ................. . 46 men, at $10 per capita ................. . 35 men, at $10 per capita .••••. ....... ..... 39 men, at $10 per capita ...•.•.......••••. 126 men, at $10 per capita ...... ...•. .••... 66 men, at $10 per caJ.iita ................. . 50 men, at $10 per capita . .•......... .... ., 45 men, at $10 per capita .•... ............ 25 men, at $10 per capita ................. . 119 men, at $10 per ca\lita ................ . 60 men, at $10 per capita,. .............. .. 13 men, at $10 per capita ................. . 417 · John Church & Co ....... . Publishing governor's proclamation for volunteers. -492 John Church & Co .....•......••. do ..•...... _ ........................ .. Daily Evening Post .....•.....••• do ......................... ......... . (Gold Hill Daily News ............ do ....................... ~ •••.••..•.. *222 lGold Hill Daily News ..•..•.•••.• do· .••••••.•••• • .•...••..• ••• , ........ . *261 E. B. Wilson ............... - •••• do ............................... ... . *217 ( *218 5naily Independent ............... do_- .•••••••••••••••••••••.••••••••••• Lyon County Sentinel. ........... do.: •••••••••••••••••••••••••••..•••. *Bonds. Amount. $650, 00 320. 00 20ll. 00 150. 00 380, 00 900. 00 190, 00 50, 00 930.00 300, 00 70.00 500. 00 960. 00 460. 00 350. 00 390, 00 1,260.00 660, 00 500, 00 450, 00 250. 00 1,190.00 600,00 130. 00 30.00 25, 00 18,00 21,00 13, 30 13, 75 20,00 5. 00 11,986, 05 ABSTRACT B.-Slwwing disbursements of the State of Nevada and as su,ccessor to the Terri· tory of Nevada, on account of costs, cha1·ges, and expenses for supplying the 1,olunt~m and niilitary forces in the Te1-ritory and State of Nevada, in the service of the Umttliug .•.. John Kyle .........•.• Andrew Koontz ..•... B. F. Logan ....•...... A. C. Leach ........•.. B.J.Lee .....•........ WjJliam Minor ...... . M. McCafferey ....... . H.McQnaid ........ . St. L. McNaghton .... . L;A.Myers .......... . James Mullett ....... . James Monroe ....... . George W. Norton .. .. F. W. Norval ....... .. C.Ottman ....••...... J·. F. Pennoyer ....... . George Peterson ..... . Thomas Ryan ....... . John Rnsh .......... . John Reed .•.....•.... John Rogers ........ . Georj!e M. Smith ...... ~ S. P. Stamper ....... .. John .A. Silvers ...... . Z. Stokes ............ . L. Singleton ......... . ,I obn Spencer .... . ... . ,Tames A. Stewart ... . G.D. Hhell ........... . E. P. Thomas ........ . J. Thoroughman ..... . F.M. Whit.e ......... . R.U.White .......... . 'l'bomas Wntson ..... . F. M. Monntz ........ . William H. Chipman .. \Vm. H. Shoemaker .. . J.B. Robiuso11 ...... ,. Thomas P. Hess ..... . James T. Byrnes ..... . JosephP. Vvestwootl .. Pat Wal:ih .......... . John McDonal,l .... .. J obn L. Nelson ...... . William C. Matlock • . . Pat McNickle ....... . William H. Bennett .. . I. Sanderson ......... · j E. Carters ......... . . . Fred Iseman ..... ., .. ·1 Pat. Moone.v ........ . William A. Reid . .... . Jobn Andrews ....... 1 S. Stewart ........... . J.C. Logan ........... 1 A..Aulhnch .......... , James Aitken ....... . William F. Berry .... . Samuel Bunce ...•.... Robert Bell . ......... . "F. G. Bnrto., ......... . ,Tolin Brown . ........ . $61.33 61. 33 61. 33 61.33 61. 33 15. 00 6J. 33 61. 33 61. 33 61 33 61. 33 43.16 14.16 61.33 61. 33 61. 33 61.33 61. 33 61.83 61. 33 61.33 11.16 61 33 61. 33 25.00 61. 33 61.33 6L. 33 14. 50 61. 33 8.16 61.33 lH. 16 61. 38 61. 33 6]. 33 61.33 61.33 12. 50 19.16 61. 33 61. 33 10. 33 14. 50 13.16 13.16 12. 66 11.66 61. 33 61. 33 61. 33 61. 33 59. 00 61. 33 61. 33 61. 33 61. 33 lil. 33 61.33 61. 38 61. 83 61. 33 61. 33 61. 33 flt. 33 61.33 61. 33 61. 33 61. 33 61. 33 R33 Iii. 33 61.33 GI. 33 31. 33 61.33 61.33 Gl.33 61. 33 61. 33 61. 33 CLAIMS OF THE StATE OF NEVADA. 1'1 ABSTRACT C.-Showi11g c1-isbursements by the State of Nf1Jada,, ctc.-Continued:· Date. War• To whom issued. .Amount. Date . War- To whom issued. .Amount. rant. rant. ----A 1865. - 1865. ng. 7 1605 J'ohnCJark ..••..••••• $61. 33 Aug. 26 1703 Ed. T. Maynard ..•.•.. $6l. 33 7 1606 Henry Curran ..•...•. 61. 33 26 1704 John J o.qnson .....••. 61. 33 7 1607 John Cone .••...•..... 61. 33 26 1705 William R. Jones ..... . 48. 66 7 1608 R. L. Collard .••..••••. 53;66 26 1706 R. C. McKenzie .•••... 61. 33 7 1609 M.Duffy ......••••.... 6l. 33 26 li07 K. Flechsenhaur ...•.. 61. 33 7 1610 J ohu H. Davis .•••.•.. 61. 33 26 1708 James Scull ...••...•• · 29. lG 7 1611 F. S. Dickson .. .•..... 9. 66 26 1709 Charles Peterson .· .••. 61. 33 7 1612 Thomas A. Frazier ... . 61. 33 26 1711 A. E. Easterbrook .••. 61.33 7 1613 M.J.Fouts .... . ...... 61. 33 26 1712 Thomas Bowman ..... 61. 33 7 1614 A. Fenstermaker ..... 61. 3:l 26 1713 S. V. Ahles ..••• · ••••••• 61. 33 7 1615 Reuben Fenis ..... • •. 9. 00 2/J 1714 M6ses Austin .••. : ..•. 61. 33 7 1616 Leon Gris ..•..••..... 61. 3:l 26 1715 James Allen . .•..•.••. 61.83 7 1617 M..Davis ............. 61. 33 26 1716 John S. Briggs ........ 61. 83 7 1618 J.B. Greenlaw .•• ; .... 61. 33 · 26 1717 J. Brownstein .•••..•.. 61.33 7 1620 Ira J. Harder ..••..... 61. 33 26 1718 M. Corroran .•.....••. 61.33 7 1621 Abram Harder ..•••.. 61. 33 26 1719 E.J.Davis ..•..••..••. 61.3:i 7 1622 John Harder .•..•..•.. 61. 33 26 1720 C. Florine. •M· -···· ·· 61. 33 7 1623 Alfred Holder .•• 36.66 26 1721 Jos. M. Fulton ••••.••. 61.33 7 1624 S. Hal'tman ....••• :::: 11. 50 26 1722 Eli Hoyt ....•••••..••. Gl. 33 7 1625 S. Hayworth .....•• .•. 9. 66 26 1723 ~~~~ ~~fr~~ilto~·:::: 61. 33 7 1626 C harlcs J ar;rett ....•.. 4.16 26 1724 61. 33 7 1627 S. L. Jacobs . .•..•..•.. 36. 66 26 1725 Frank Hohman .••••.. 33. 50 7 1628 E. H. Johnson .....••. 11. 50 26 1726 Job Hoxie .......••••• 26. 50 7 1630 B.F. Keller .........•. 40. 50 26 1727 John Johnson, 2d . .••. 61. 83 7 163L George Long ...•..... 37. 33 26 1728 Otto Luderwig ..•..••. 61. 33 7 1632 P.McKewon ..... ... . 61. 33 26 1-730 M.McMahon . ..•. .••. 61.33 7 1633 E.McKenzie 41. 00 26 1731 P.R. Mc.Auliffe ...•••• 61. 33 7 1634 George N orvit~ky::: ·. 61. 33 26 1732 Zac. Mitchell ......••. 40. 50 7 163.5 William Nowlan .•.• ~. 61. 33 26 1733 ,Toh n Marshall. . :- ..••. - 34. 00 7 1636 J ohu R. Nugent ...... 61. 33 26 1734 L. M. Mealio .... _ ••.. 19.83 1637 A. M. Newton ....... . 9. 83 26 1736 James C. Naff ...•.•.. 6).33 7 1638 Felix O'Neil ...... .. .. 61. 33 26 1737 ,John O'Brien, 2d ..... 43. 00 7 1639 William O'Neal. .•.... 9. 00 26 1738 John Rati~u ......... 6!. 3i' 7 1640 H. H.Oates ........... , 61. 33 26 1739 George D. ush •.•... 28.5l 7 16,U· -Peter S. Post . ••...•... 61. 33 26 1740 L. M. Spencer .•••••••. 61. 33 7 1642 J.M. Plaisted ......... 9. ;;o 26 1741 Thornton Sleeth ..•••• 61. 33 7 1644 John Robinson, 1st ... 61. 33 26 1742 John Sullivan ••••••.. 61.33 7 1645 John Robinson, 2d .••. 15. 50 26 1743 John Skelton ......... 7.50 7 1646 William Roberts ...••. 61. 33 26 1744 William ,vaJsh ..••••• 61. 33 7 1647 J. W. Staples .• •.... .. 39. 50 26 1745 .John Walsh .•••.•.••. - 61. 33 7 1648 J. Schuster ........... 61. 3e 26 1746 HenryWard ...•••.••. 61. 33 7 1649 W. H. or W. Scott ..... 61. 33 26 1747 John Whalen .•••••... 33.16 7 1650 R. Shoemaker ......... 61. 33 2(l 1748 A. C. White.~ ........ 28. 16 7 1651 i~:1~:~:i~r:1:~~-~~::: 61. 33 26 1749 E. B. Hagnas .. -~ ..••.. 61.33 7 1652 43. 00 26 1750 R. D. Wactleigh ....•.. 61. 33 7 1653 N. L.Shaw ......•..... 9.66 26 1751 William Liggett ...••. 61.33 7 1655 James S. Warren •.••. 61, 33 26 1752 William H. Freeland . 61. 33 7 1656 James R. Younf •••••. 61.33 26 1753 · f~b!rr;rr::::::::::: · 61.33 7 1657 Peter Campbel ...•... 56. 33 26 175-t 61. 33 26 1664, D. Vanderhorf ........ 127. 46 26 1755 David Thomas ..••. ~ ••. 61.33 - 26 1665 Henr.v Finley. . . . • . 61. 33 26 1756 Martin She1·man ...... 61. 33 26 1667 :~:~~cli~c:oi·:::::: 61.33 26 1757 John Dolan .....•••... 61. 33 26 1668 61. 33 26 1758 H. E. llotel. ..•....... 61. 33 26 1670 Fred Kreitzer .•••.•.. 61.33 26 1759- R. J. Bronson ..••..... o,.:m 26 1671 W • .J. Palmer .••...•.. 56.50 26 1760 Frank Lapoint ...... ··1 5i. 83 26 1672 Thomas J. Bell .••..•.. 61. 33 26 1761 James H. Brown ..... - 61. ::!3 26 1673 Sam. J. Bath ......... 61. 33 26 1762 John Leviugs ....... lil. H3 26 1674 Peter Benedict ..••.•• 61. 33 26 1763 James L. Sanborn .... 26. 83 26 1675 A. Barrett .... ....... · j 33. 50 26 1764 E. B. Dunning ....•. , 2-5. fiO 26 1678 Charles A. F. Deitz ..• 34. 00 26 176.5 Anderson Morgan ... :- 17.16 26 167!l Geori;e Emerson ..••.. 61.33 26 17(i6 ~b.~ey Brocha .......... (ii. :!3 26 1680 Morns Eastwood ..•.. 34. 00 26 1767 1hp Barnett ........ 61. 33 . 26 1681 Charles Trickker ..••. 59.16 26 1768 William J. Ilartells ... 25.16 26 1682 G. A. Hamlin ......... 61. 33 26 1769 Chorles B. Blanchard. 25. 16 26 1683 Jos. Kerr .•.•••..••••• 61. 33 26 1770 William Bowen ....... 25. 16 26 ! 168~ Pat Kearney .•.••..••. 57. 16 26 1771 vVilliaru H. Camell ..• 61.33 26 I 16fl5 C. F. Kircher ... ..••. 47.16 2fi 1772 Lewis B. Clark ....... 61. 33 26 1686 Char-I es F. Lake .•.••. 61. 33 '26 1773 John F. Cassidy ...•.. 61. 33 26 1687 A.Lampson .......... 60. 00 26 1774 ,John Cody ........... 22 16 26 1688 H. Morris ...••. . ...... 61. 38 26 1775 Charles Callahan ..... 19. 66 2ti 1689 H. C. Murray .••...••. 55. 33 26 1776 John Durkin ......... 61. 33 26 1690 I Ed. McDonf»gh ........ 38.66 26 1777 George W. Durham .. 28. 83 26 1691 G. Mahler .... ........ 34.00 26 1778 A-lex. Dickimn .....•.. 23. 00 26 1693 FloJ1l Potte1· ...... •.. 61. 33 26 1779 Alonzo L. Estees .•... 25. 33 26 1694 Joseph Poss ....•. . ... 57. 33 26 1780 A. W. :Faxon ......... 61.33 26 1695 Xavier Pasquie1· ...•.. 57.33 26 1781 John Farnan .....••.. - 25.16 26 1696 Alex. Prado ...... . .... 34. 00 26 1782 Samuel ]'riend ....•... 61. 33 26 I 1697 ,Tos. Scherb .... 61.83 26 1783 William Gray .•••••••• 61.33 26 I 1698 Charles D. St. Cr~i~::: 57. 38 26 1784 Joa.Good ............. 61. 33 2611701 Mau rice Gearv ... ..... 61. 33 26 1785 W. D. Goclftey ••••••• • :61.33 26 1702 Charles Meser,ve; •• , •• 61. 33 26 1786 Loms Gaisberg ••••••. 23.00 72 CLAiMS bF THE STATE OF NEVADA. ABSTRACT C.-Showing disbursements by the State of Ne1;ada, etc.-Continuell. I Date. Wor-1 To whom issued. .A.mount. rant. ---1865. Aug.~~ 1787 Isaac Hickerson ...... $61. 33 1788 James Hamilton ...... 61. 33 26 1789 Samuel Hilton ........ 25. 50 26 1790 George Inks .......... 50. 50 26 1791 Jos. Johanningmeir ... 61. 33 26 1792 Charles ,Jones . .. . .... 27.33 26 1793 Charles E. Jackson ... 27.33 26 1794 P. B. Kyes 01· Keys ... 23. 66 26 1795 James W. Lee ........ 61.33 26 1796 Cbarlfill Lynch ........ 61. 33 26 1797 John P. McCabe . ... .. 61. 33 26 1798 William Mulloy .•.... 61. 33 26 1799 John Mead ........ ... 61. 33 26 1800 William Uorat ...... 61.33 26 1801 Charles Martin ...•... 6I.ll3 26 1802 John McNamara ...... 29.83 26 1803 Cbarlt•s F. Murray ... . 25.10 20 180,i John McNemee ...••.. 25.16 26 1805 James E . O'Reilly . .... 32.83 26 1806 H. C. Osborn ...... ... 27.33 26 1807 Galen 0. Preule ....... 61. 33 26 1808 Grorge Pope .......... 15. 00 26 1809 William Robinson ... . 61. 33 26 1810 W. A. Ifalston ....... 61.33 26 1811 Lewis Rose ........... 61. 33 26 1812 S. E. Robinson ........ 16. 33 26 1813 B. K. Sneath ........ 61.33 26 1814 S . B. Sample ........ 61. 33 26 1815 C. E. Smith, jr ...... 29. 33 26 J816 G.eor~e W. Smith ... .. 25. 50 26 1817 John Ta:vlor .......... 61.33 26 1818 George M. Thomas .... 27.33 26 1819 John T. Thatcher ..... 26. 33 26 1820 '.rhos. B. Wilkerson ... 12. 83 26 1821 McHenry White ...... 27. 00 211 1822 George M. or W. White 25. 16 26 1823 John Bossinger ....... 49. 83 26 1815 M. C. Bolonge ......... 50. 50 26 1826 Andrew Dunn ........ 55. 16 26 182-7 H. L. Desmerett ...... 61. 33 26 1828 T. J. Harnett ......... 61. 33 26 1829 M.E.Kean ........... 61. 33 26 1830 Fred Mor let . .....•... 51. 00 26 1831 P. L.B. Massent ...... 55.16 26 1832 Jolrn Shel'lock .....•.. 52. 66 26 1833 Dennis M.ver ......... 45.00 26 1836 H. Ric bards .......... 16.66 26" 1838 M. W. Stone .......... 21.116 20 1839 C.H. Verschoyl~ ...... 21. 66 26 1840 Aaron Wood ....•..... 15.16 26 18n E. D. Sherrill ......... 61. 33 ':!6 1842 T. ·w. Roussin ........ 50.50 2ti 1843 ,J. Kellison ........... - 60.16 26 1844 James H. Sanborn •... 27. 16 26 1845 Jotham Burns ........ 61. 33 26 1846 Harve.v Pierce ........ 14.83 26 1847 F. Mor·lath ...........• 13. 33 26 1849 H.Rae:mer ........... 61. 33 26 1850 Geo. H. Ackler ........ 27. 16 26 1852 Hngh Burns ......... . 54. 50 26 1 53 George Brumfield .... 47. 66 26 1854 \Vm. Brooks ......... til. 33 26 1835 Thomas Bryson ...•.• 15. 00 26 1856 Wm.C.Bell ........... 15.66 26 1857 E. C. or D. Blood ...... 15. 33 26 1858 Jolin A. Bird .... 15.66 26 1859 James Crozar .. ... :::: 43. 50 26 ]~60 J.C. G. Crngan .. ...... 45. 50 21i 1 1 61 B. ll'. Currier . ........ . 47.50 26 1862 M. Dunnigan ... ...... 13. 00 21i 1863 George W. Evans ..... 61. 33 26 18()4 Roberl Elliott ........ 61. 33 26 1:~ I ~-l"il!si:~t:~~'.t: 52. 50 26 18. 66 26 1867 ~- W. Fish . .......... 56. 00 26 1808 ('.rregory Ford ......... 43.16 26 I 6!1 .Joseph Ferris ....... 61. 33 26 1870 Geor~A W. Gould ..... 61.33 26 1871 W. Govenlock ........ 61. 33 ~~ I im I. Gl':tbam .........•.. 56. 00 .. T. Garlon ............. 43. 33 War-Date. To whom is;ued . rant. ]865. Aug. 26 ]874 Jared Grover ......... 26 1875 L. Grinne!L .......... 26 1876 Charles L. Hardy ..... 26 1877 N. F. Hedrick . ........ 26 1878 Andrew Healey ...... 26 1879 Edward Lade ......... 26 1880 Charles Lenard ....•.. 26 1881 John M. Lowrie .•.... 26 1882 Abraham Long ....... 26 1883 Fr-ancis Miller ........ 26 1884 N. McNaughton ...... 26 18~5 Jacob Myers ......... 26 1886 S. Marshall ........... 26 1888 M.L.Mead ........... 26 1889 J. O. Sullivan ......... 26 1890 James M. Preston .... 26 1891 Andrew Parks ..•.... 26 1892 George Parker ........ 26 1893 H. W. Sawyer ......••. 26 1894 Wm. T. Stephens ..••. 26 1895 Wm.Smith ........... 26 1896 S. B. Shoemaker ...... 26 1897 E. M. Shipley ......... 26 1898 B.F.Settle ........... 26 1899 Wm. Thompson .... , .. 26 1900 S. H. '.ruttle ........... 26 1901 De Witt Taplin ....... 26 · 1902 Charles W. Thornton 26 1903 Wm. Urtel. •.......... 26 1904 J. Van Dusen., ....... 26 1905 A... D. Vantreese ...... 26 1906 L. G. Wilson .......... 26 1908 Dan Winfield ......... 26 1909 R. C. Wilcox .......... 26 1910 S. A. Densmore ....... 26 1911 ,TesseFox ..••......... 26 1912 I. B. Libbey ........... 26 1913 George Brasch: ....... 26 1914 A.J. Grimes ..••...... 26 1915 Daniel Casey .••...... 26 1916 James Lonergan .••••. 26 1917 William .Ayer ........ 26 1918 William R. Apteton. 26 1919 George W. Bra ley ... 26 Hl20 J. Boulware ........... 26 1921 B. S. Breeden ......... 26 1922 F. M.Buck ........... 26 1923 C. C. Carter 26 1924 J. Coquillot.:::::::::: 26 1925 John Charvis ......... 26 1926 John M. Clifford .••••. 26 1927 S. Campbell ........... 26 1928 John V. Cook ........ 26 1929 William J.-Cook ..•... 26 1930 D.ver James .......... 26 1931 Thoma~ B. Fitzhugh .. 26 1932 F. Guilloux .......••.. 26 1933 A. Harris .....•...•... 26 1934 L. Hoard .............. 26 1935 F. S. Hubbard ........ 26 1936 Paul T:Ioard ........... 26 1937 R.P.Kna~ .......... 26 1938 Benjamin . Loosen ... 26 193\) Joel B. Longes ........ 26 1940 Dan McVey .......... 26 1941 John B. McGee ...... ·. 26 1942 i:b0~0tv.~~~~fn:::::: 26 1943 26 1944 M. Masseth ........... 26 1945 P. L. Nutting ......•.. 26 1946 Eugene O'Neil. ....•.. 26 1947 Eli D. Phelps ......... 26 1948 M. M. Rhodes .......•. 26 1949 William Robinson .... 26 1950 John I. Smith ..••.... 26 1951 William Smith 26 1952 :·st:~~:::::::::::: 26 1953 26 1954 JohnShaw . .........•. 26 1956 George B. Wallace ..•. 26 1957 James W. Warden .... Amount. $27.16 15. 00 61. 33 13. 0 42. 50 61.3 22. 5 26. 0 20. 6 42.6 3 0 0 6 6 6 3 3 0 0 3 3 3 3 3 0 0 0 0 6 6 6 0 3 3 3 0 6 0 3 3 0 3 6 56.6 53. 8 61. 3 15. 0 51.5 60. 8 27. 3 27.3 61.3 15. 3 13. 5 H.5 13. 5 43. 5 59. 5 44.1 15.6 15. 0 6l.3 61.3 61. 3 54. 0 27.1 13. 0 6f. 3 50. 8 53. 0 50. 8 45.1 46.16 51. 33 5. 33 3. 50 56. 66 48. 50 50-16 43. 66 61. 33 43, 33 45. 00 50. 33 61. 33 6. 66 7. 66 51.66 61. 33 51.33 52. 83 53. 00 47. 16 7.83 54.16 7. 16 19. 00 48. 33 61. 33 58. 83 7. 50 7. 00 4. 33 45. 33 47.16 43.66 7.16 55.83 50.66 5. 83 6. 66 19,66 61. 33 49.00 CLAIMS OF THE STATE OF NEVADA. 73 ABSTRACT C.-Showing disbu1·sernents by the State of Nevada, etc.-Continueerson ..... . C. C. Cart.er .•••••.... J. Cor))illot ...•.. ... f ~nf:mo~d~ ::: : : :: : : : C. De La Cruz ....... . G. M. Chase ..•••..•.. T. B. .Fitzhugh .. . .... . Jesse Fox .••••....... T. Gilloux .......•.••. R. W.Gile .... ....... . R.Gestelle . ......... . :.-f Nt~bi;~!~l:::: : : : : A. Harns ........... . L . Ilearcl ..........••.. 'l'. Houl!b ............ . P.Howarcl .......•... B. E. Hutchinson .•.. . RP. Knapp ......•... D. Love ..... ...... . .• . R . J. Locke ......... . William .A. L, on .... . ,T. B. Lougee. -•....••. B . E . Loren •••.••.••. Amount. $47. 50 47. 50 4i 00 47. 50 47. 50 47. 50 47. 50 47. 50 47. 50 47.50 47. 50 47. 50 47. 50 47. 50 47. 50 47. 50 47. 50 47. 50 47.50 47. 50 47.50 48. 8 47 . 50 47. 5 47. 50 210. 0 144. 2 173. 3 4f!. 84 48.81 48.84 48. 84 4t!. 84 48.84 50.17 48. 84 48. 81 48. 84 48. 84 48.84 -48. 84 48.84 48. 84 48.84 48. 84 4b. P 48. t . 48. 84 48. 84 48.84 48. 84 48.84 48. 84 48. 84 48. 84 48. 84 48. 84 48. 84 48.84 48. 84 48. 84 48. 84 48. 84 48.84 48.84 48.84 48. 84 41i.84 48.84 4K.84 48. 84 48.84 48. 84 50.67 48. 84 11. 67 48. 84 45. 00 48.84 48. 8' CLAIMS OF THE STATE m' NEV.A.DA. 75 ABSTRACT C.-Showing disbiwsements by the State of Ne,vada, etc.-Continued. 1866. Jan. 29 2791 29 2792 29 2793 29 2794 29 2795 29 2796 29 2797 29 2798 29 2709 29 2800 29 2801 29 2802 29 2803 29 2804 29 2805 29 2806 29 2807 29 2808 29 2800 29 2!ll0 29 2811 29 2812 29 2813 29 2814 29 2815 29 2816 29 2817 29 2818 29 2819 - 29 2820 29 2821 29 2812 29 2823 29 2824 29 2825 29 2826 29 2827 Feb, 6 2934 6 2935 6 2916 6 2937 Mar. 'i . 3447 7 3448 7 3449 7 3450 7 3451 7 3452 7 3453 7 3454 7 3455 7 3456 7 3457 7 3458 7 3459 7 3460 7 3461 7 3462 7 3463 7 3464 7 3465 21 3504 21 3505 21 3506 21 3507 21 3508 21 3510 21 3512 21 3513 21 3514 21 21 3515 21 . 3516 21 3517 April26 3559 26 3560 26 3561 26 3562 May 2313622 23 3623 31 3624 To whom issued. M.Masseth .........•. D.McVey ....••.••••.. Alex. ]\1itcbell ..•..... M.McCoy ........... . J.B.McGee . ........ . Thomas Mulloy .... .. P. L. Nutting ..... .. Eugene O'Neil.. ••.• .. E. or G. D. Phelps .... M. N. Rhoades . .•..••. J.M.Reno ..... . W.Rowle.v ...•..•• ••• E.Rienjau ......... .. William Robinson •.. Fred Reefe . .... J.J.Smith ......•.•.. B. Stauffer . ........•.. John Shaw ... ....... . A. S. Kinkle ...••.... Geo. M. or W. Sigler. William Smith ...... . E. F. Scott .. .... ..... . William J. Tasco .... . tl!0/!:~~i:i-Met~;: A. l?, W. Winter •••••• Richard Williams . . George B. Wallace .. .. B. Winstow ......... . JamesW. Warden .. .. Henry Willis . • ..... . A. H. Yocum ...••.... E.A.Young ........ .. Oscar Jewett .....•. .. John Ta~lor ......... . H Eigennellig ....... . William Young ...... . Martin E. Kean . ..... . Jacob Van Doren ... . John W. Martin ..•... Daniel S. McKay ..... . N.McGuone ....... .. George C. Welch ....•. J.R. Hamilton ....... . Patrick Reilly ....... . James ,T. Hutchinson . John E. Howe .•••••.. James Leonard .•..... Samuel C. Day ... , •.. W. Govenlock ....... . James Dougherty ... . J. T. Leonard .... . .. . :ii~:r E~lii:r:::::: Ign. Graham ........ . John Rogers .... . ... . J.B. Libbey ......... . Alex. Dickson ....... . James C. Palmer .. .. . Joseph F. Hewett ... . James ff.Stewart ... . George Brumfield ... . Simon L. Coen ....... . Jared Grover ........ . Henry Heusner ..... . T . .M. Roussin ...•.... John U. Tolles . . .... William Urtel. ..•.... Samuel or Lemuel G. Wilson .......••.... Charles H. Judd ..•... Henry E. Scott ...•... G. M. Thurlow ....•. . J no. Farnan or ]!'arm an James S. Wanen .. _ .. E. B. Zabriskie ....•.. R.A.Fitch .......... . Adolph Hanson .••... John W. Thomas ..... Willlam Ayer . ~ .•.•.. Amount. $48,.84 48.84 48. 84 48.84 48.84 '!8.84 48. 84 48. 84 48. 84 48. 84 48.84 48.84 48. 84 48.84 48. 8! 48.84 '!8.84 48. 84 48.84 48. 84 48. 84 32.16 48. 84 49. 66 44.34 48.84 48.84 48.84 48.84 48.84 48.84 48.84 48.84 522. 50 43.00 43.00 43. 00 48. 84 47 50 48. 84 48.84 48.84 48. 84 48.84 48.84 48. 84 47.50 47. 50 47. 67 47.50 47. 50 47.50 47. 50 47. 50 47. 50 40.84 48. 84 43.00 43. 00 43. 00 606.67 47. 50 47. 50 47. 50 47. 50 47.50 290.84 47.50 47.50 43.00 43. 00 47. 50 43.00 282. iiO 140. 00 48.84 48.83 29.50 4~. 84 Date. 1866. War-rant. May 31 3638 Jl 3639 31 3640 June 16 3658 16 3659 16 3660 16 3661 16 36(!2 16 ' 3663 16 3664 16 3665 16 3666 16 3667 16 3668 16' 3669 16 3670 16 3671 16 3672 16 3673 16 3674 16 3675 16 3676 W 3677 16 3678 16 3679 16 3680 16 3681 16 3682 16 3683 16 3684 16 3685 16 3686 16 3687 16 3745 16 13746 16 3747 16 I 3748 16 3749 16 3750 16 3751 l"' 3752 16 . 3753 16 3754 16 3755 16 3756 6 3757 · 6 3758 6 3'159 6 -3760 6 3761 6 3762 6 3763 6 3764 6 3765 6 3766 6 3767 6 3768 6 3769 6 3770 6 3771 6 3772 6 3773 6 3774 6 3775 6 3776 6 3777 6 3778 6 3779 6 3780 6 3781 6 3782 6 3783 6 3784 6 3785 6 3786 6 3787 6 3788 6 3789 6 3790 (> 3791 To whom issued. H. M. Ellsworth ..... . . Robert P. Frisbie .. •.. L. J. Whitney ... - . .... r:>ee:i.'6ttiro~d~::: ~:: Michael Savage ...... . &eorge A. Thurston .. .A. M. Newton ..... .. . James A. Wilkinson .. . James Byrne ......... . F. P. Blowers ......... . F. P. Blowers ........•. Isan Grogan ........ .. J. D . .Arnold ....•...••. J. D . .Arnold .•••.•..... S. J. Keeler .......••••. S. J. Keeler ........... . JI. U. Leech . . . . . . ... . . H.C.Leech William McCaffery ... . William McCa:tfe1·y ... . L. Singleton .....•..... Zebulon Stokes ....... . 1!'.M. White ...•.•..... F.M. White ........•. . J. H. Marshall. ....••.. J. H. Marshall .•.•..... JC. Quayle .••• ! ..... J C.Qr.;ayle .•.•.•.•... George Stoll .•......... George Stoll ........ .. Robert Joyce ..• :: .•... Dani }l Hughes ...... . Sylvester Bouch .•..... William F. Ber.ry ..... William F. Berry .•.••. William H. Chipman .. William H. Chipman .. Erl Caters ........•.... Erl Caters ........... .. M.Du:tfey .....••...... M.Duffey .••....•..... Thomas A. Frazer ...•. Thomas A. Frazer ..... Ira J. Harder .......•. Ira, J. Hanler .....•••. F. M. Mounts .••.•••• F. M. Mounts ...•...•. J. J. Anderson ....... : J. J. Anderson .....•.. William Bronson .... . William Bronson .... . James Blaslin ...•••• . James Blaslin ...• •• .. Andrew Coulter . ••••. Andrew Coulter ...•. . E. C. Dunning ......•• E. C. Dunning .•.••••. James Dolan ..•••.•• . James Dolan .......•.. Peter Demitz_ ....... . Peter Demitz .....•.. S. R. Edmisson ....... . S. R. Edmisson ....... . Ji.mes P. Fagan ...••. James P. Fagan ..... . Dayton Field .. __ ...•. Dayton Field . ....... . Thomas Fitzpatrick .. Thomas Fitzpatrick .. Richard Grace .....••. Richard Grace ....•... F. J. Haight ........•. F.J. Haight ..••...••. M.Handlin .......... . M. Handlin .•.•. ; ••••• :::I:i!~::::::::::::: William M. Huptill ..•. William¥. Hu:ptill •.•. .Amount.1 $50. 00 67. 67 200. 00 48. 84 48. Si 48. 84 52. 50 60 50 50.00 42. 00 65.00 s. Ge 50. 00 65. 00 11. 54 r 65, 00 10.84 65.00 10. si 65. 00 10. 84 50. OU " 50. 00 65. 00 10. 00 65. 00 9. 33 65.00 10. 34 65. 00 10. 50 66. 00 43.00 60. 84 65. 00 14.33 65. 00 12. 50 65. 00 12.84 65. 00 12. 6"7 65. 00 14. 33 65. 00 13. 16 65.00 14.0() 65.00 ~1.34 65.00 12. 00 65.00 11.67 65. 00 10. 00 65. 00 11.00 65. 00 11. 67 65. 00 11.16 65. OU 13. 50 65. 00 13. 33 65. 00 12. 0 65. 00 13. 16 -65. O'O 10. 16 65. 00 11. 50 65. 00 11.]6 65.00 11.16 65.·oo 13. io 76 CLAIMS OF THE STATE ~OF NEVAD~ ABSTRACT C.-Showing disbm·sernents by the State of-Nevada, etc.-Continued. j Amount. Date. War- To whom issued. Date. rant. ----1866. G. R. Kellogg ........ . 1866. July 6 3792 $65. 00 Aug. 6 3793 G. R. Kellog;g .... , .... 13.50 6 3794 B.F.Log;an ..•• .••.... 325. 00 6 3795 Henry McQuaid ...... 65. 00 6 3796 Henry McQuaid ....•. 11. 50 6 3797 James Mullett ......•. 65. 00 6 3798 James Mullett ........ 12.00 6 3799 George W. Norton .... 65.00 6 3800 George W. Norton ..•. 12.67 6 3801 C.Ottman . •.......... . 65.00 6 3802 C.Ottman ............ 11. 34 -6 3803 George Peterson ...... 65.00 6 3804 George Pdterson ...... 12.16 6 3805 J. F. Pennoyer ........ 65. 00 6 3806 J. F. Pennoyer •••..... 11.16 6 3807 Thomas Ryan .•...... 65.00 6 3808 Thomas Ryan ........ 11. 50 6 3809 John Rush ...•...•.... 65.00 6 3810 JobnRash ............ 1~. 33 6 38ll G. W.Smith .......... 65. 00 6 3812 G.W.Smith .......... 10. 84 6 3813 E. P. Thomas ....••... 65.00 6 3814 E. P. Thomas ......... 10. 67 ' 6 3815 R. C. Payne ........... 37.66 6 3816 William C. Rell ..•.... 47. 50 6 3817 Thomas Bryson ...... 47. 50 24 3818 B.F.Logan .......... . 63. 33 24 3819 james K. Young •.... 65.00 24 3820 ames K. Young ...... 9.16 24 3821 Philip Bonham .. ..... 65. 00 24 3822 Philip Bonham ....... 13. 33 24 3823 J. ~'.Barrett or Barnett 65.00 24 3B24 J. F.BarrettorBarnett 13. 33 24 ~1825 Samuel Com eggs . ..... 65.00 24 3826 Samuel Com eggs ...... 14.66 24 3827 A. Durfee ............. 65. 00 24 3828 A.Durfee ..•...••..... l3.3il 24 3829 M. B. Hoyt ..•......... 65. 00 24 3830 M.B.Hoyt ............ 13.3il 24 3831 GeorgeJ. Jones ....... 65. 00 24 3832 George J. Jones .....•. 8. 84 24 3833 S.McCall ..... ..... ... 65.00 24 3834 S.McCall . .. . .......•. 13. 33 24 3835 A. Opelesley .••.••.... 65. 00 24 3836 A. O~elestey .......... 14. 67 24 3837 Char es Perry ....•.•. 65. 00 24 3838 Chal'les Perry ........ 13. 50 24 13839 John Thoroughman ... 65. 00 . 40 .John Thoroughman ... 14. 00 24 3841 S. V.Ables .......... . 65.00 24 :l842 S. V. Ables . ...•••.... . 17. 00 ~1~m Moses Austin ........ 65. 00 Moses Austin ........ 17. 00 24 3845 Rasmus Berry ........ 65. 00 24 3846 Rasmus Berry ........ 17. 00 24 3847 .John J. Bti~gs ........ 65.00 24 3848 ,John J. Briggs ........ 17. 00 24 3849 John Hopkins ..•.. ... 65. 00 24 3850 John Hopkins ......•. 17. 00 24 385l Otto Ladderwig ...... 65. 00 24 3852 Otto Ludderwig ...... 17.00 24 3853 James(). Neff . .... . ... 65. 00 24 3854 .James C. Neff ......... 15. 83 24 3855 .A.lex Thompson ...... 65. 00 24 3856 Alex Thompson ..... 17. 00 ug. 4 3898 Noyes Bald win ....... 520. 00 I 4 3 99 E. B. Zabl'iskie . ....... 105. 00 4 3900 John Andrew ......... 65. 00 4 3001 John Andrew ......... )6. 84 4 3902 Charles B. Dunn ...•.• 48.84 4 3903 1 Leon Gris ............ 65.00 4 390-i Leon Gris ............ 15. 84 4 3905 F. W.It1erman ........ 65.00 4 I "°' F. W. J,ecman ..•..... 17. 00 4 3907 James C. Logan ....... 65. 00 4 3008 James C. Logan ....... 17. 00 4 8900 1 Pat Mooney ........... 65. 00 1 m~ ~:rn~0~~t1;::::::::: 15. 84 65.00 I • 3912 j Pat Mc,.'ickle ....••. . 7. 00 8913 JobnMcDonald ....... 65.00 A War- To whom issued. rant. 4 3914, ,John McDonald ....... 4 3915 William C. Matlock ... 4 3!H6 William C. Matlock ... 4 3917 John L. Nelson ....... 4 3918 John L. Nelson ...... 4 3919 Isaac Sanderson ...... 4 3920 Isaac Sanderson . ; .... 4 3921 Smith Stewart .•...... 4 3922 Smith Stewart ........ 4 3923 Pat Waish .••••....... 4 3924 Pat Walsh ............ 4 3925 JoR. M. Westwood .... 4 :1926 Jos. M. Westwood .... 4 3927 James S. Warren ..... 4 3928 James S. Warren ..... 4 3929 - James Atkins .••..... . 4 3930 JamesAtkins .•••.. .. . 4 3931 Frank Bauer .......... 4 3932 Frank Bauer .•........ 4 3933 Samuel Bunce ........ 4 3934 Samuel Bunce ........ 4 3935 Robert Bell ........•.. 4 3936 Robert Bell ........... 4 3937 F. G. Barton .......... 4 3938 F. G. Burton .......... !-- 3939 William H. Bennett . 3940 William H. Bennett .. 4 3941 John Clark ....... .... 4 3942 John Clark .•........ . 4 3943 Henry Curren ...•.... 4 3944 Henry Curren ........ 4 3945 John Cone ....... .... . 4 39!6 John 5,0Q 4 154 Ed, Rarr·a ..•• • ~.~- •• 0 78 CLAIMS OF THE STATE OF NEVADA. ABSTBACT C.-Showing disbui•sements by the State of Nevada, etc.-Continued. Date. War• To whom issued. .A.mount. Date War• To whom issued. .Amount. r:tnt. rant. ---1866. 1866. Aug. 4 4155 E1l. Harris ........•... $18. 50 Aug. 4 4253 Edward J. Soulsby .... $12. 00 4 4156 B. F. Mccready ....... 65. 00 4 4254 John Campbell ...... . 65. 00 4 4157 B. 1''. McCready ....... 18. 50 4: 4255 John Campbell ....... 17. 00 4 4158 ,Jackson Mowbray .... 65. 00 4: 4256 Maurice Geary ....... 65. 00 4 4159 Jackson Mowbray ..... 18. 50 4 4257 Maurice Geary ...... . 17. 00 4 4160 .Tos. J. Mieseu ... ...•. 65. 00 4 4258 E. Lewitzky .......... 65. 00 4 4161 Jus. J. Miesen ........ 18. 50 4 4259 E. Lewitzky . ..•...... 17. 00 4 4162 William J .. Palmer .... 65. 00 4 4260 E. P. Maynard ........ 65. 00 4 4163 William J. Palmer 18. 50 4 4261 E. P. Ma,vnard ........ 17. 00 4 4164 A. Aldrich .. ..... ..... 65. 00 4 4262 John O'Brien ......... 65.00 4: 4165 .A. Aldrich 18. 50 4 4263 John O'Brieu ......... 17. 00 4 4166 Peter Benedict ....... 65. 00 4 426! L. M. Spencer ......... 65.00 4 4167 Peter Benedict ...•••. 18. 50 4 4265 L. M. Spencer ......... 17. 00 4 4168 A. Barrett .... .' ....... 65. 00 4 4266 William WalRh ...... . 65. 00 4 4169 .A.. B:trrett ........... . 18. 50 4 4267 William Walsh ....... 17. 00 4 4170 M. G. Bannister ....... 65. 00 4 426d George Emmerson -... 65. OU 4 -i171 M. G. Baunister ....... ]8. 50 4 4269 George Emmerson .... 18: 50 4 4172 Peter Campbell ....... 65. 00 27 4270 H. E.-Murray ......... 65. oo 4 4173 Peter Campbell .. .... . 18. 50 27 4271 H.E.Murrny ......... IR 50 4 ""'[ Cha,le, H. rn.,, ...... 65. 00 27 4272 Xavier Pasqueir .... ... ()5. OIJ 4 4175 Charles H. Dietz ...... 18.50 27 4273 Xavier Pasqueir ...... 18. :iU 4 4176 Dav~d B. Dav!s ....... 65. 00 27 4332 Adam Aulbnch ..... 65. 011 4 4177 David B. Davis ....... 18. 50 27 4333 Adam .Aulbuch .. .. ... 17. 011 4 4178 John C. Eg:,111 ........ 65. 00 27 4334 George Nowitzkie .... 05. (.0 4 4179 1 John C. l~iau ....... 18. !'iO 27 4335 George Now.itzkie . .. J:!.00 4 4180 , A. G G.-aut 65. 00 27 4.336 Peter 8. Port ... 65. 00 4 4181 A.G. Graut . ........ . . 18. 50 27 4337 Peter S. Po1t ........ rn. l(j 4 4182 William F. Jol,uson .. 6."i. 00 27 4333 Chal'les P. Frost ...... 65. 00 4 4183 William F. Johnson .. 18. 50 27 4339 Charles P. Frost . .... ] I. Iii 4 4184 Conrarl F. Kircher .... 65. 00 27 4340 George l<'. Kibling .... 6:i. 00 4 4185 Conrnd F. Kircl.Jer .... 18. 50 27 4341 George F. Kibling .... 13. 00 4 4186 Pat Kearney ......... . (i5. 00 27 4342 James Dill ..... 65. 00 4 4187 I Pat Kearney_ ......... 18. 50 27 1 4343 / James Dill ........... , ]7. 00 4141~8 j Aruas:t Laha~r ....... 6;;.oo 27 4344 James C. Flynn ...... 65. 00 4 4189 Amasa Laban· .. . ..... 18. 50 27 I 4345 i ,fames C. Flynn ...... 17. 00 4 4190 l Uharlefi F. Lake ...... 65. 00 ~~ 1 !:!~ If:: ~~~i~:.::::::::: 65. 00 4: 4191 Charles E.'. Lake ...... 18. !'iO 17. 00 4. 41!)2 .A.mos Lamson 65. 00 ~~ 1 !~!g John Skelton ..... .... 65. 00 4 41!)3 .A.mos Lamson . ... ... 18. f,O John Skelton ......... 17. 00 4 4194 N.P.Lake ............ 65. 00 27 4350 Thomas Sbortreerl .... 65.00 4 4195 N.P. Lake ............ 18. 50 27 435l Thomas Shortreed .... 17.00 4 4196 H. Morris ..••......... 65.00 27 4353 John C. Deaner ....... 65.00 ! 1 mi H.Morris ........... . IP. 50 27 4354 John C. Deaner ....... 18.50 Ey Senator Hoar of Massachusetts, in a report to qong:ess, as late as Decemb~r 6, 1885_, made to the Sen-ate from the Committee on Claims, m behalf of a general bill to re-1mburse the States for interest paid out by them on war loans not heretofore provided for, and copy of which Sena,te report No. 2 is as follows: . . "The policy of the United States to refund to the States interest on money expended JJy them in aid of the General Government for ~ilitar_y purposes in time of ~ar _is settled. It has been applied to all such expenditures mcurred by the States m aid , of the war of 1812 (see Virginia, act March 3, 1825, 4 Stat. at Large, p. 132; Mary-land, act of May 13, 1826, 4 Stat. at Large, p. 151; Delaware, act of May 20, 1826, 4 Stat. at Large, p. 175; New York, act of May 22, 1826, 4 Stat. at La!ge, p. 192; Penn-sylvania, act of March 3, 1827, 4 Stat. at Large, p. 241; South Carolma, act of March 2~, 18:32, 4 Stat. at Large, p. 499; Maine, act of March 31, 1851, 9 Stat. at Large, p. 626; Massachusetts and Maine, act of July 8, 1870, 16 Stat. at Large, p. 198); in aid of various Indian wars (see Alabama, act January 26, li349, 9 Stat. at Large, p. 344; Georgia, act of March. 31, 1851, 9 Stat. at Large, p. 626; Washington Territory, act March 3, lt:59, 11 Stat, at Large, p. 429; New Hampshire, act January 27~ 1852, 10 Stat. at Large, p. 1; California, act August 5, ,1854, 10 Stat. at Large, p. 582; Cali• fornia, act August 18, 1856, 11 Stat. at Large, p·. 91; California, act .June 23, 1860, 12 Stat. at Large, p. 104; California, act July 25, 1868, 15 Stat. at Large, p. 175; California, act March 3, 1881, 21 Stat. at Large, p. 510) ; and in aid of the Mexican war. See statute of J -qne ~, 1848, which is as follows: - AN .A.CT to refund money fo-r expenses inQurred, subsistence and transportation furnished for the use of volunteers during the present war, be'fore being mustered into the service of the United States. Be it enacted by the Senate and House o-f Representatives o/ the United States o.f America in Congress assembled, That the provisions of the joint resolution approved March third,, eighteen hundred and forty-seven, entitled •· A resolution to refund mon_ey to the States which have supplied volunteers and furnished them transportation during the present war, before being mustered and received into the service of the United States," be, anrt the same are hereby, extended so as to embrace all cases of e-x--penses heretofore incurred in organizing, subsisting, and transporting volunteers, previous to their being mustered and received into the service of the United States, for the present war, whether by States, counties, corporations, or individuals, either acting with or without the authority of the State: Provided, however, That proof shall be made to the satisfaction of the Secretary of War of the amount thus expended, and that the same was necessary and proper for the troops aforesaid. SEc. 2. And be itfurthM· enacted, That an amount sufficient to refund said expenses so incurred be, and the same is hereby, appropriated out of any money in t,he Treasury not otherwise appropriated. SEC. 3. And be it further enacted, That in refunding moneys under this act and the resolution which it amends, it shall be lawful to pay interest at the rate of six per centum per annum on all sums ad-vance [advanced] by States, corporations, or individuals in all cases where the State, corporatfon, or in-dividual J,aid or lost the interest, or is liable to 'f_!!,Y it. Approved June 2, 1848. "Mr. Chase, Secretary of the Treasury). recognized the obligation imposed by these precedents in a communication to the l::itate auditor of Ohio in the following lan-guage: · If Ohio raises money by loan at a discount, the United States can not refund such discount to the State, but only the amount of the debt with,interest, unless Congress specially provide otherwise. "This was two days after the passage of the statute of July 27, 1861, which is as follows: That the. Secretary ?f the Treasury be: and is hereby, directed out of any money~in the Treasury not otherwise appropriated, to pay to the governor of any State, or to his duly-authorized agents, the costs, charges, and expenses properly incurred by such State for enrolling, subsisting, clothing, sup-plying, a_rmhig, eg_uippin~, paying, a~d transporting its troops employed in aiding to suppress the present msurrect10n agamst the Umted States, to be settled upon proper vouchers to be filed and passed upon by the proper accounting officers of the Treasury. "By a resolution passed March 8, 1862, the above provision is to be construed to apply to expenses incurred as well after as before the date of the approval thereof. '• It is held by the accounting officers of the Treasury ~hat they are not warranted in the allowance of interest to the States by the existing law. This question was submitted to Attorney-General Brewster, who says, in his opinion, July 23, 1883: · "¥ndoubte~ly t1fe interest paid by the State of New York on money borrowed and applied to the ohJects s~ec1fied rn the act of July 27, 1861, forms a pat't of the burden borne by that State for the gen-eral public 'defense, and constitutes a just charge against the United States; and the obligation to re-imburse for payments of that kind, made under similar circumstances, has frequently been recognized by Congress, as appears by statutes above cited. • . "This opinion is in accord with that of his predecessors, Mr. Wirt and Mr. Critten-den, Mr. Wirt says: ~he expenditure thus incurred forms a debt against the United States which they are bound to "e•llllburse. If the expenditures made for such purpose are lmpplied from the treasury of the State, s. Rep. 6-21 ' 86 CLAIMS OP '!'HE STATE OF NEVADA. the United States re-imburse the principal without interest; but if, beiug unable itself from the con. dition of its own finances to meet the ('Illergency, such State has been obliged fo b1Jrrow money for the purpose, and thus to incur a debt on which she herself has had to pay interest, such debt is essen-tiall.v a debt due b_v the United States, a,nd both the principal arid interest are to be paid b_yth& United States. (See Opinions of Attorneys-General, vol. 1, p.174.) " Mr. Crittenden says : The act of the 27th of ]'ebruary, 1851, is intended to indemni.(y the State against loss or damage. Re-im bursing means repairing the loss or expenses by an equivalent. If the State of Florida has con-tracted obligations bearing interest, or has paid money, with interest, for the use and benefit, in neces-_sary and proper supplies, for the troops called into service in 1849, to refund to the State of Floridn the principal sum only, without the interest, would not re-imburse the State, would not save the State from loss and qamage, would not be an equivalent for the expense the State has incurred for the United States. There is no public policy, no saving to the public Treasury, no virtue, no laudable end con-sulted in order to cut down the claims of the several States in opposition to the intention of Congress and the good faith of the Government. "We append, for the information of the Senate, House Report No.1102, made at the last session, and 1·ecommend the passage of the bill, with sundry amendments. Mr. Rowell, from the Committee on War Claims, submitted the following report, to accompany bill H. R. 2463: By the act of July 27, 1861, and the joint resoliJ.tion of March 8, 1862, the Secretary of the Treasury was directed to pay to the governor of any State, or his duly-authorized agents, "the costs, charges, and ex.penses properly incurred by such States for enrolling, subsisting, clothing, supplying, arming, equippmg, payin~, and transporting its troops employed in aiding to suppress the present insurrec-tion against the United States, to be-settled upon proper vouchers, to be filed and passed upon b_y the proper accounting officers of the Treasury.'' By the joint resolution of March 8, 1862, payments were directed to be made for expenditures made subsequent to as well as before the passage of the act. Under this act disbursements have been made to the States amounting to the sum of $43,296,938.22; and there yet remain unsettled or disallowed claims amount,ing to several millions of dollars. . Many, if not all, of the States were obliged to borrow money to pay the expenses incurred, but m adjusting and a!lowing their claims the accounting officers of the Treasury have rejected all claims for interest paid out by the States, holding that the law did not authorize such payment. The bill under consideration provides for re-imbursing tM States for interest paid or lost on account of expenses incurred and repaid under the act of July -27, 1861. By its provisions interest is only to be paid on such sums as have been refunded or may hereafter be refunded under the authority of the act of Congress and explanatory resolutions; no interest 'is to be paid unless it was actually paid out or lost by the -States, and then only up to the time of repayment by the Government, and limited to 6 per cent. , Claims for interest have been filed amounting to $3,188,887.25; but these claims are based upon a higher rate of interest than that provided in the bill; other States have not filed interest claims, owing to the ruling of the Department, but if the bill becomes law they will have proper claims. Yonr committee are of opinion that these i,nterest claims, at a rate such as the General Government was obliged to pay, are a just and proper charge against the Government. Immediatel.v after the passage of the acts, -Mr. Chase, then Secretary of the Treasury, in a communication to the auditor o~ the State of Ohio, !?ave assurances that interest would be paid. Laws were passed after the war of 1812 to re-im burse the several States for moneys expended in that war, with similar provisos to the law under which the payments herein considered have been made, Subsequently Congress passed laws to pay interest, as is provided in this bill. .A. similar bill ~as passed by Congress to re-imburse States for expenses incurred on account of the Indian war, with hke necessity of subsequent legislation to authorize the payment of interest. . It seems to be the histor.v of all the legislation of Congress for the re-imbursement ofStates fbr w~r expenditures that the initial statutes have always failed to provide for the payment of interest, but m every instance previous to 1861 subsequent acts pi·ovided for t,he payment of interest. It may therefore be. regarded as the settled policy of Congress to repay to the several States not only the principal sums expended by them in aid of the General Government in times of war, but also to TeP!},Y interest actually paid out not exceeding the rate paid by the General Government during the same period. Your committee therefore recommend that the bill do pass. The State of Nevada respectfully submits that the act of Cong-ress approved J~ne 27, 1882, mad.e, and intended to make, special and ample provision for the specific States named therein in regard to this proper expense, to wit, that o( foterest among other proper expenses. Nevada being one of the States specifically named in said statute, she respectfully submits that when she had been compelled to pay inter-est for the benefit of the Government of the United States, such interest became a part of the principal of her claim against the United Sta.tes, and as such is now al-lowable to her by you under said act of June 27, 1882. And she fnrther submits to you that, when she had been obliged to raise mouey upon interest for tbe suppression of hostilities against which the United States should have protected l1er, as in this case, the amount of interest actually and necessarily paid out by her is now allowa,. .ble to her by you under said act of June 27, 1882. 'l'he State of evada respectfully' submits that this is not a case of a claim for in-terest on money which she bad already on band in her own State treasury and dis-hnrsed therefrom for the benefit of the United States, but, on the contrary, it is one where he had to go out publicly into the open money markets of the world, to bor-row the very principal which she expended for the benefit, of the United States; so that it ought to appear self-evident, and as not needing argument to show. that it is a _ca _e of. even a more legitimate claim against the United States than even for the pnn 1pal 1t elf, and under the circumstances it is even a higher order of claim, and CLAIMS OF THE STATE OF NEVADA. the two factors are merged into one and the same claim, because said interest bas be-come as completely merged ju the principal as a coupon is merged into and beconi~s a part of the bond to which it _is attached, and of which, it bas ever been held, it forms a constituent part. "' r . \ The State of Nevada, therefore, respectfully submits to you that the act of June 27, 1882, interpreted in the light of the unvarying and uniform policy of Congress from 1812 to date and as held by the honorable Second Comptroller, should be now ~on-strued by the honorable Secretar_y of ~ar as all~wing intere~t to her1 ei~her in the sum she has actually and necessarily paid out as mterest durmg the penod named -in said statute, or if not that, then such _interest as t~e, Unit~d States ~as compelled to pay out on mone:r she borrowed durmg such per100 (which rate of mterest was 6 per cent. per annum), should be now, as an alternative allowance, made by you to her under said act of .Tune 27, 1882, and not otherwise. Second. In regard to the pay of Ne':ada Territorial and 'State troops, as made by the State of Nevada, and which troops were raised therein for the service exclusively of the United States during the war of the rebellion, and which pay was the sum of $5 per month, the State of Nevada respectfully submits that it was the intention of Congress, in said act of Congre~s of June 27, 1882, to re-imburse her, as the successor of the Territory of Nevada, such monthly pay as she had made to her own troops while in the service of the United States; provided such monthly pay did not exceed the sum per month that the United States were then paying for similar services to other troops. The State of Nevada respectfully submits that Congress in enacting this statute took full cognizance of the public condition of things as same existed in the Territory and State of Nevada in 1861, 1862, 1863, 1864, and 1865, when there were no railroads therein, and when the Federal troops had all been withdrawn therefrom, and when Nevada's Territorial and State troops bad to guard the overland mail route (as well as the general Indian frontier therein) from Salt Lake, Utah, to Sacramento, Cal., and when everything, always theJ;J3tofore very expensive, was rendered more so for the troops in the field and for their families at home by virtue of peculiar exigencies of her situation. The State of Nevada further submits that Congress is presumed to have taken cognizance of these public facts, ·and in view of these causes as prom hies, she bad duly enacted a ]aw under and by which her own Territorial troops while in the service of the United States should receive a monthly pay from her own Territo-rial Treasury of $5 per month, and against which the United States not only never demurred, but the payment of which she duly facilitated; and it is submitted that such monthly pay of $5 per month to said troops was not only a proper ii,nd necessary expense, but in some cases was a boon to the United States, whose credit was strained to the utmost, and Nevada will not, for she can not, assume that any construction will be placed upon this statute of June 27, 181:32, such as would be equivalent to a repudia-tion of an obligation incurred "in behalf of the United States, and under circum-stances so peculiar as those under whic:ih this obligation was contracted. The State of Nevada submits that the only limitation prescribed by the statute of June 27, 1882, is that such monthly pay should not exceed the monthly pay made by the United States to its other troops during this same period. The said act of June 27, 1882, contains all the exceptions that Congress intended it to contain or to apply to the several States when their said' claims were being finally adjusted, and it is respect-fully submitted that the honorable Secretary of War will not inter.polate this statute with any exception not found upon the face thereof. Now, for instance, said statute provides "that no allowance shall be made for the services of any person in more than one capacity at the same time." In the absence of such provision as the foregoing , the Secretary of War could, and probably would, allow a soldier pay as such, and also pay as an artificer, or a hospital steward, or a company clerk, or such like, pro-vided, always, such soldier served in any one of such capacities . . In this case of pay of troops the State of Nevada respectfu]ly submits that Congress 1s presumed to have taken into consideration the condition of the troops therein and made special provision for them in said istatute of June 27, 1882, and such as the pe-culiar public exigencies in that locality and at that time fully justified, and of none of which was Congress ignorant. This pay was not in the nature of a bou:t;tty as an encouragement to enlist, and because it a~lied only to troops in the active service of the United States, and it was paid by the month and was to terminate, and did terminate, whenever said troops ceased to be in the service of the United States. • . The State of Nevada respectfully submits that she has acted in perfect good faith rn all these premises, and that to make this monthly pay to her troops was not only necessary by virtue of the foregoing recitals, but also by virtue of the fact that the only rich silver mmes then being extensively and successfully worked in the United States-principally on the Comstock lodes-rendered available men fow and services high, and when the very miners were getting by the day a sum fully equal to this pay received by her troops in the field per month, and that too only when they were in the services of the United States. . . 88 CLAIMS OF THE STATE OF NEVADA The State of Nevada further submits tbat all these public and notorious facts were well known to Congress when enacting said statute of June 27, 188'2, and that such expense must have been regarded by Congress as a proper expense, and as such w intended to be allowed to her by the Secretary of War when adjusting her claim pre-sented under the aforesaid statute. Wherefore, the State of Nevada, in her own behalf, and as the successor to the Territory of Nevada, in view of these recitals and of said act of Congress of June 2i. 1882, and of the intent thereof, and of the equitable and liberal construction that should now be placed upon this remedial statute by you, as the administrator of the law of the United States, for whose use and benefit all such expenses in good faith have been incurred, now respectfully submits her claim for re-imbursement thereof, and prays that same may be allowed her in the adjustment of the several claims presented by her under the said act of June 27, 1882. In conclusion, the State of Nevada submits an extract from S~nate Report No. 5i5, relating to Nevada's war claims, made-to the Senate on May 12, 1882, by its Commit-tee on Military Affairs, recommending the payment of said claims, and which, ha\jng had the serious attention of Congress, resulted in the passage of said act of June 2i, 1882, and which extract is as follows, to wit: , "Nei·ada,_:_It appears by the report of the Adjutant-General, U. S. Army, of Feb-ruary 25, 1882, that one regiment of cavalry and one battalion of infantry were raised in the late Territory of Nevada during the late war of the rebellion, and that the expenses of raising, organizing, and placing in the field said forces were never paid by said Territory, but were assumed and paid by the State of Nevada, and that none of said expenses so incurred by said Territory, and assumed and paid by said State, have ever been re-imbursed the State of Nevada by the United States, and that no claims therefor have ever been heretofore presented by either said Territory or .said State for audit and paymept by the United States. Under section_ 3489 of the Revised Statutes, hereinbefore referred to, the payment of these claims is barred by limitation. · "These forces were raised to guard the overland mail route and emigrant road to California, east of Carson City, and to do other military service in Nevada, and were called OJlt by the governor of the late Territory of Nevada, upon requisitions there-for by the commanding general of _ th~ Department of the Pacific, and under au_thor-ity of the War Department, as appears by copies of official correspondence furmshed to your committee by the Secretary of War and the general commanding the Division of the Pacific; and tt further appears that there are some unadjusted claims of the State of Nevada for expenses growing out of the so-called White Pine Indian war of 1875, and aggregating $17,650.98, and of the so-called Elko Indian war of 1878 there-in, and aggregating $4,654.64, and which sums, it appears by the official stateJllent of the controller of said State of Nevada, were expended and paid out of the treasury of said State." ' / Respectfully, JOHN MULLAN, State A.gent for Nevada. Senate joint memo1tial and resolution No. 4, relative to war claims of the State of Nevada against the United States. Llntroduced by committee on ways and means January 17, 1887.1 Read first time, rules suspended, read second time by title, considered engrossed, placed on its third reading and passed by the following vote: Yeas, 19; nays, none. CHAS. E. LAUGHTON, Assistant Secretary. January 18, 1887: Received from senate January 19-Read first time, rules u • pended, read second time by title, and referred to committee on federal relations. January 21-Retnrned from the committee favorably and passage recommended and placed on general file. January 24-Read third time and passed. Yeas, 3 ; nay, none. R. L. THOMAS, Assistant Clerk. Received from assembly January 24-To enrolling committee. Whereas claims of the tnite of Nevada- against tne United States growing out of the late war of the rebellion have been properly made out, aiuthenticatod, and for-warded to the proper authorities of the Government for allowance and payment; · nd . Where~ it appears from oorre pondence between the agent of this State at w~ h-mgton City and the State controller that there is danger of great delay in respect to CLAIMS OF THE S'l'ATE OF NEV ADA. 89 final action upon said claims, if not of their ultimate rejection and non-payment, in part, if not wholly; and , . . Whereas it bas been established. that said claims are most just and equitable and ought to be paid without further delay: . . . Therefore. the senate and assembly of the State of Nevada hereby JOmtly memo- . rialize our Senators and Representative in Congress, and do most respectfully and urgent,Jy reg uest them, and each of them, to use all proper means and efforts before the honorable Secretary of War, before Congress, or any other department, body or officer, so far as necessary to secure the earliest possible allowance and payment of our said war claims-against the United States; and Be it resolved by thd senate and assembly, jointly, That his e:xce1len~y the governor be and be hereby is, respectfully requested to forward by mail a certified copy of the • fo;egoing (to be accompanied by a printed copy of the recent argumen~ of (?apt. John Mullan before the honorable Secretary of War upon t,he-allowance of sa1d clauns ), to each of our Senators and Representative in Congress, at the earliest practicable ' date, .and that he and Hon. J. F. Hallock immediately telegraph to Capt. John Mullan that said memorial and argument will be so forwarded without delay. EXHIBIT No. 15. REPORT m~ THE MAJORITY OF THE BOARD OF WAR CLAIMS EXAMINERS. WAR DEPARTMENT, Washington, D. C., Februa1·y 9, 1887. Sm: The undersigned, examiners of State and Territorial war claims, appointed by paragraph 4, Special Orders No. 232, Adjutant-General's Office, October 6, 1886, to examine the claims submitted under the acts of Congress of June 27, 1882, and August 4, 1886, have the honor to submit herewith their report u_pon the claims pre-sented by the governor of Nevada, under said acts. The examiners believe that the wording of the first section of the act of 1882 as-sumes the necessity of the calls for troops from the State by tbQ proper authorities thereof, and that the second section of said act of 1882 refers . to the nece.'1sity of the expenditures and the rate of aliowances therefor, and they report the amounts which should be allowed under the act.of 1882 as p1·oper and necessarv, and the amounts which should be disallowed as intpropm·, unnecessary, and unauthorized by law. The examiners, in acting upon the claims for subsistence stores, have taken into consideration the fact that the supplies were purchased in open market, and that the prices are not as low as might have been obtained by the U. S. Army, under its con-tract system, and bought in cities at a great distance from Nevada, and they believe that there can be no just comparison between the systematized purchases of the Gov-ernment and the open market purchases made during an Indian excitement, and that the amounts expended may be somewhat more than was actually needed owing to the inability to determine the duration of the campaigns. The vouchers are not of the form demanded by Army and Treasury regulations, for the reason that the State of Nevada had not had the experience of the United States in such matters, and the examiners are of the opinion that it was the real intent of the act of August 4, 1886, to take the vouchers away from the exacting scrutiny of , tke Treasury Department in order that they might be examined solely on their merits, as in their present shape they would not be likely to pass the crucial test of a bureau examination. Most of them have already passed an examination by a State board of audit of Nevada, and the examiners have no reason to doubt tlie integrity of that board, while their liberality bas been curtailed by the present examiners where the expenditures were found to be excessive or injudiciou,s. The examfoers have allowed the same rate for pay and clothing as was allowed by the United States for its troops for the same period, and 40 cents per day for use of each enlisted man's own horse, instead of the pay and clothing allowed .by the State where the State paid a greater amount for services than the United States Arrp.y rates. , The pay of the adjutant-general of Nevada was allowed under d 'sion of Second Comptroller, viz: · '' Under the act of Congress of July 17 and 27, 1861, the amount paid by the several States for their adjutant-general, down to August 20,·1866, may be refunded, provided the maximum of allowance shall not exceed $3,000 per annum" (Sec. 1122, p. 387 Digest 2d Comp., vol. 2). ' The examiners dAem it just that the State should 1·eceive the amount claimed for pay of its adjutant-general prior to August 20, 1866, from January 1, 1862, although the, first call for troops was not made upon the State till April, 1863, yet the war had 90 CLAiMS: OF THE I STATE OF NEVADA. 'beeu iu progress. since April, 1861, and_ it wa~ necessary and propm· that the State shon1cl bave au adjutant-general'sofficem readmess to supply the volunteers promptly at the first call. The amount paid by the State for the time prior to April, 1863, was at the small rate of $1,000 per annum. Bounty or pre~ium for eac~ enlistment has ?een gi~allowed .. This bounty 'Yas paid to captams for expenses rncurred by them m enhstmg, lodgrng, and subs1stmg the men of their companies prim· to their entering the United States service, in lie-u thereof, as is shown by the fact that no other bi1ls are presented for tlwse expenses, and, under the circumst1;1,nces, this expense wa.s economical; but this claim having been submitted by the State of Nevada as a premium or bounty, the examiners are debarred from considering it, as, under the second section of the act of 188~, no higber rate can be allowed than was paid by the United States, which was $2 per enlistment, , and that amount has already been paid by the United States for these enlistments. Interest was disallowed under decision from the Secretary of War, Very respectfully, your nbedtent servants, ,· JAMES BIDDLE, Major Sixth Cavalry, U. ,S. Army, Senior Examiner. H. J. FARNSWORTH, Majo1· and Inspector-Geneml, U.S. Arm.lJ, Examiner. FRANK WEST, First Lientenant Sixth Cavalry, U.S. Army, Se ~ ~ rn 0 >-tj 1-3 t:Q t?=j rn ~ > 1-3 t?=j 0 >-tj !z t?=j -< > t1 ~ B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B 12 May 31, 1865 Silas Caulkins • • • . . . • • • • . • • . . . . • • • • . Clerk : ...•.....•....•..•.......•.. 13 J"une30,1865 ...... do ........•••.••.....•..•............ do ........•.•.... 14- July 1, 1865 John Church ..•..•••••••••.•.••..... Printing ..•.................•..... 15 July 30,1865 Silas Caulkins .• : •••.•••.•.••....... Cler~ ..••.•........• 16 Apr. 28, 1865 F. Foster . • • . . • •• • • • • • • . • • • • • • . • • • . . Stationery .•...•.••. 17 Apr. 20, 1865 Edw:1rds & Co .•••.•••••••.•.•••... . ..... . do ..••. 18 Aug. 29, 1865 C. Tiller . . . . • . . ••• • • . • • . •••• •• . .. . • . Rent ..•..•••.••....•..••••••...••• 19 Aug. 31, 1865 Silas Caulkins . . • • • • • • • • • • • • • • • • . • • . Cler_k .. 20 Nov. 20, 1865 .•••.. do .••.. ···"···················· Rollers 21 Dec. 18, 1865 ..•... do . . •. . . . .• •. •••••• •••••• •••••. Clerk 22 Dec. 6, 1865 Mason, Huff & Co .••••••.•••••••.... Oil. .....•...•..••....••......••••• 23 Dec. 18, 1865 E. B. Rail ..•.....•••.•••••••••.••••• Hardware 24 Dec. 4, 1865 John G. Fox ......•..•••••••••••.••. Stationery 25 Jan. 1, 1866 John Cradlebaugh .•••••.••..••..••. Rent .........••.••.••......••...•. 26 May 29, 1866 Charles S. Hammer. . • • . . • • . . • • . . • • . Oil and glass .•••••.....••......•.. 27 Dec. 19, 1866 R. C. Crandall. .•••••.••••••••••••••. Wood .. .•..•.......•••.•.••.••••. 28 Dec. 31, 1866 B. F. Small, postmaster .•••••••••.••. Postage ..........••.••....... , .••. 29 Mar. l, 1865 Mason, Huff & Co................... Oil .....••..•.......••...•...•..••. 30 Mar. 5, 1866 E. B. Rail . . • • • • . • • • • • . . • • . . . • • • • . • • . Spittoons : 31 Mar. 31, 1866 John G.Fox ..•..•••••.••...•..••••• Stationery 32 Apr. 23, 1866 Carson Appeal . • • • . . . . . . . . • . . . • . • • • Printing .. 33 .- ... do .••••.. John G. Fox .••...........••......•. Stationery ......... .. 34 Apr. 30, 1866 B. F. Small, postmaster .............. Postap;e, etc .••..•• : •.•..•..•...••. 35 Apr. 7, 1866 John Church....................... Printing ..••.••..••.•••......•..•• 36 June 30, 1866 Mason, Huff & Co . . . . . . . • • • . . • . . . • . Oil, etc.: .....••..••...........•••. 37 Oct. 8, 1866 B. F. Small, postmaster . . • • • • • . • . • . • Box•rent, adjutant.general's office. 38 Jan. 1, 1867 ...... do .....•••••..•••.•.•••••.•••••.•...• do ..•••••••••••.•••••.••..••. 39 May 21, 1866 E. B. Rail . . . . . • . . • . . . • • . . • . • . • . . . . • • Lamps ..•.•••••••••••••••••••••••• 40 Jan. 1, 1867 J. Cradlebaugh . .. • . • . • • . . • • . . .. . . • • Rent ...•••.•••••••••••••••••.••••. 41 .. . . do ....••....... do . .......••. ~ ••..••••••••..••....••. do ..•••••.••.• ~ ••••••••••••.. 42 .... do ....... C.N.Noteware ..••.••••••••••••.••. Cartage ....••.•••••.•....•..••.... 43 Dec. 31, 1867 .....•.....•...•••.•••••.•••••.••..••. Premium on gold to pay soldiers' wal'l'ants. 44 Nov. 28, 1863 Daily Independent ..•••••••••••.•.. Printingmill.tarycommercialnote. 45 Jan. 5, 1864 H.P. Russell........................ Office desk, $35; stationery, $10 ... 16 May 1, 1865 ..•.•. do............................. Rent of adjutant.general's office and stationery. Total Abstract B ...•.•••••..•. 125. 00 125. 00 125. 00 125. 00 35.00 35.00 50. 00 50. 00 85.00 60. 00 25. 00 448. 75 448. 75 120.00 120. 00 50. 00 50. 00 5.00 5.00 200. 00 200. 00 10.00 10.00 38. 75 38.75 '27.75 27. 75 105. 00 105. 00 11.00 11.00 52.50 52. 50 23. 25 23.25 10. 50 ' 10. 50 9. 50 9.50 3.00 3.00 14. 00 14. 00 3. 50 3.50 35.10 35.10 52.00 52.00 11.81 11.81 8. 70 8. 70 8. 40 8.40 2.50 2.50 270. 00 230. 00 40. 00 90. 00 I · ........ · I . 90. 00 5. 00 5. 00 .•............ 42. 92 . . . . . . . . • . 42. 92 30.00 45. 00 500. 00 30.00 45.00 500. 00 -----1----1------1 3, 114. 38 I 2, 878. 13 l====l 236. 25 P~~!~lfigJz~d~nty certificates Allowed rent up to August 20, 1866, end of war. Do. Premium on gold to pay extra pay and bounties d1sallo~ed. 96, 054. 78 1 · .. .....• · 1 96, 054. 78 C l•l-1513 ll863,1864,1865 j Volunteer soldiers .•••••.••••••••••. , Extrapayfor.Nevadavolunteers .. , 96,0M.78 , ..•......• , 96,054.781 Disallowed by eection 2, act 1 ----- ---- June27,1882. TotalAbstractC ··············1························~··········· --D *1-10 1863,1864,1865! Volunteer spldiers .•• .•••.•••.••.•.••. l ExtrapayforNevadavolunteers .. l 1,153.75 [ ·········t 1,153.751 Disallowed by section 2, act • 1 ------- ----1 June27,1882. Total Abstract D .•••••••••.•••.•••••.••....•.•• '. ..•••• ...•... .•••. 1,153.75 . . •. .••••• 1,153.75 ---,1====~~1 * Inclusive. ,. C t'-1 ii,.. S2 U1 0 l'rj ~ ~ t,tj U1 ~ ► ~ t_:rj 0 l'rj ~ ~ ~ ~ t.O ~ .Abstract of t71e claims of the TmTUory and State of Nevada, etc.-Cont~nued. W A.R OF THE REBELLION-FIRST INSTALLMENT-Continued. +i ~ No.of ";, voucher. Date. In whose favor. ~ I 1----4------------11-----------:-1----Nature of claim. Amount claimed. E E E E E E E E E E E E E E E E E E E E .. 1 Apr. 7, 1862 1 H.P.Rusaell .••••••••••••••••••••••• Salar.vas adjutant•geueral. ..•.••.. i ti: ·nm [Ji)::\=::=\:::::::::::::::\:: :\\Ji::::::::::::::::::::::::::: 6 7 8 9 10 11 13 13 14, 15 July 1, 1863 Oct. 1, 1863 Jan. 1, 1864 Apr. 1, 1864 July 1, 1864 Oct. 1, 1864 Oct. 31, 1864 Mar. 31, 1865 Apr. 29, 1865 16,17 1 June 30, 1865 18, 19 Dec. 31, 1865 20, 21 Mar. 31, 1865 22 June 30, 1866 .•••.. do ..•.••••.••.••••••••••••.•.•..•••.. do ..•... do .......•.••••••.••...••••..•....•.. do ...... do .......•....•.•.••.•••...•••..••.•. do .••••. do- .•••.••.•••••••••••••••••••••.••••• do ...... do ....••••••.••...•••••••••.••..••... do ..•... do .....••.••••••••••••••••••••....... do ....••• ..•••. do .....•..•.•••••••••.•••••.••..••... do John Cradlebaugh .••..•.•••.•.••••..•••.. do ..•........................ . ... . . do ........•••••...... - - .••••• Contingent expenses of adjutant• · general. · .... .. do ..••.•. ····••·····•••••·: •••• Salary as adjutant.general. ••..••. ...... do ..•••••••••••••••••••.•.•••••...... do ...................••...••. .•.•.. do ...•••••••••.••••••.•••••.......... do . . ........•••••.•••........ .•.•.. do •...•••••••••.•••••••••••••• - ...... do ..•••.••.•••••••••••.•••••• 23 I Sept. 30, 18661 ....•. do •...•..••••••••••••••••....• ·I· ..... do •....•••.••••• • • .• • • • • • • • • , • 24 Doo. 31, 1866 .•.•.. do •..••••••..•••••••••••••••••..••••. do •.•••.•••••••••••••.• •.•··· $250. 00 250. 00 250. 00 250. 00 233. 50 250. 00 250. 00 250. 00 250. 00 250. 00 250. Ou 81. 00 ne.66 · 1,000. (;O 500. 00 1,000.00 500. 00 500. 00 500. 00 500. 00 Amount I Amount allowed. disnillowed. $250. 00 250. 00 250. 00 250. 00 233. 50 250. 00 250. 00 250. 00 250. 00 250.00 250. 00 81. 00 116. 66 1,000.00 277. 77 $222. 23 500. 00 Total Abstract E .............. I .................................... I ~~-16 I 6, 708. 93 I 722. 23 1 Remarks. These amounts were allowed by the majority of the board of examir.ers, but were disal. lowed by the minority for the reason that " the amounts of these vouchers (1-5 inclusive) are disallowed on account of being salary paid before April 2, 1863, the time the Terri• tory was called upon by the U mted States for troops." These items constitute the en• tire difference between the al• lowances of the majority and minority. (Note by Commit-tee on Military Affairs.) f This disallowance is ,from Au-gust 20, 1866, end of the war, \ according to decision Supreme ) Court; also see decision Sec• I ond Comptroller dated Febru• I ary 6, 1877, page 387, vol. 2, Di-l gest Second Comptroller. ~ ~ C t4 > ~ ~ 'CJ'J 0 ~ t-3 P4 t.zj 'CJ'J 1-3 > 1-3 trJ 0 ~ ~ ~ < > t:i ~ ]' F F ~ ~ ~ GJ ~ I G ~ ~ G G A B C D E F G l ., 1 July 1, 1864 1 G. L. Gibson ........................ Transportation of arms...... . . . . . 29. 00 29. 00 2 Apr. 28, 1865 Shaw's Fast Freight and Express Transportation of blank...... . . . . 8. 00 8. 00 1 .............. Company. · Transportation of stationery . . . . . 23. 00 23. 00 .... .... .. ... . 3 Apr. 27, 1865 ...... do ........ _ .......••.........••. --------1 Total Abstract F .....•.....••. .•••.. ~--... .•.... ... . . . ... . .. . ..... 60. 00 60. 00 1 Mar. 3, 1866 State of Nevada ...... ~............. Interest paid on $46,950.12. from I 11, 925. 33 1-...••••. -1 11,925.33 February 10, 1865, to March 3, 1866, at 2 per cent. per month. 2 May 30, 1867 ....•. do . .• . . . . •• . . . . . • . . . . . . • . • . . • . . Interest paid on $46,950.12 from 8,744.46 ... -...... -. 8,744.46 March 3, 1866, to May 30, 1867, at 15 per cent. per annum. 3 Mar.28, 18i2 ..•... do .•...••..••••••.•.•••.••.... . Interest paid on $119,800.12 from 86,755.25 ............ 86,755.25 May 30, 1867, to March 28, 1872, at 15 per cent. per annum. 4 I .Jan. l 1883 ...... do .•. . • . . •• . . • . . •• • • . ••• • . . . • • . Interest paid on $119,800.12 from 122,472.33 ---·····-· 122,472.33 I March 28, 1872, fo .January 1, 1883, at 9½ per ceut. per annum. ----Total .Abstract G .•... .•.... ... ............................................. 229,897.37 ·····----- 229,897.37 RECAPITULATION. l... . . . . . . . . . 1805 to 1866 State of Nevada ..•••..••••. ; .•..... Enrolling, recruiting, etc .......•. $11,986.05 $146. 05 $11,840.00 . . . . . . . . . 1863 to 1867 .•••.. do . .....•...... .•. ..•.•••.•.•.. Supplying ....•.........••........ 3,114.38 2,875.13 236.25 . . . . . . . . . 1863 to 1865 ..•.•. do .............•..••..•.••..... Pay to troops ................•.... 96, 15!. 78 ........... 96,054.78 ...... ... 1863 to 1865 .•• •• . do .............••••.•••••.••... Pay to troops (liabilities) ......... 1,153.75 ---------- 1,153.75 . . .. . . . . . 1862 to 1866 ...... do ............••••••..••••.••.. Pay of salary of adjutant-genera.I.. 7,431.16 tl, 708. 93 722. 23 . . . . . . . • . 1864 and 1865 ...... do .....•••••••.•••••••••••••... Transportation .............•..... 60. 00 60. 00 ----·-·-····· · ..... ..•. 1866,1867,1872, ...... do-···· .••••..••••.••••.. .••••. Interest actually paid ..•..•...... 229,897.57 ... ........ 229,897.37 and 1883. ----• . Total .•••.•..•...••............ ------·-·······················-···· 349,697.49 9,793.11 339,904.38 ) ,., • Q t"" > ~ ~ if.I 0 ~ t-3 l:Cl t_T:j if.I t-3 > t-3 t_T:j 0 ~ ~ t_T:j <: I> t, f>" ~ °' 96 CLAIMS OF THE STAT.E~ ,OF NEVADA. The undersio-ned examiners of State and Territorial war ciaims certify on honor that the foreggh1g jg a just and impartia! st3:tement of th~ clai1:1 of the S~ate of Ne-vada, as determined by them after exammat10n and cons1derat1.on accordmg to the acts of June 27, 1882, and August 4, 1886. , JAMES BIDDLE, Majo1· !ixth Cavalry, U. S. Army, Senior Office1· and Examiner. H. J . FARNSWORTH, WAR DEPARTMENT, Major and Inspector:General, U.S. Army, Examiner. OFFICE OF THE STATE AND TERRITORIAL WAR CLAIMS, Washington, D. C., February 9, 1887. NOTE.-The total amount allow~d by the minority of the board of examiners was $8,559.61. This allowance was approved by the Secretary of War, and has since been paid to the State of Nevada. The amount disallowed by said minority.report was $341,137.88, and this disallowance was also approved by the Secretary of War. On 27th April, 1888, Hon. C. C. Stevenson, then and now governor of Nevada, to whom was paid by the Secretary of the Treasury said sum of $8,559.61, so allowed by said minority member of said board of war-claim examiners, receipted to said Sec-retary for said sum ON ACCOUNT ONLY, and as a payment PRO TANT0 ONLY of said claim, and on May 8, 1888, Governor Stevenson served ·upon the Secretary and upon the proper accounting officers of the Treasury at Washington an official notice to that effect. EXHIBIT No.• 18. PRECEDENTS OF CASES ALLOWED BY CONGRESS TO STATES FOR MONEYS BY THEM EXPENDED FOR TROOPS FOR THE USE AND BENEFIT OF THE UNITED STATES AFTER HAVING BEEN DISALLOWED BY ACCOUNT-ING OFFICERS OF . THE TREASURY, AND FOR INTEREST ON SIMILAR CLAIMS PRESENTED WHICH WERE ALLOWED WITHOUT INTEREST. Claims for payments made by the several States on account of expenses incurred for enrolling, subsisting, clothing, supplying, arming, equipping, paying, and trans-porting volunteers and militia called into the service of the United States in the war of 1812 were audited and settled under the supervision of the Se~retary of War in pur-suance of general laws, and paid by the United States. Claims were afterwards presented by the several States to Congress and provision made for their payment on account of expenses which were disallowed by the ac-counting officers, and for interest on claims which had been presented and allowed without interest, as follows: . 1. By an act approved April 2, 1830, the Secretary of the Treasury was authorized to cause to be paid to the mayor and city council of Baltimorl3 the sum of$7,434.53 in full for their claim against the United States for money borrowed and expended by them in defense of said city in the war of 1812, and by the second section of' said act the Secretary of the Treasury was directed to cause to be paid interest on said sum according to the provisions and regulations of "the act to authorize payment of in-terest due the city of Baltimore," approved May 20, 1826. 2. By an act approved May 31, 1830, the proper accounting officers of the Treasury, under the superintendence of the Secretary of War, were authorized and directed to audit and settle the claims of the State of Massachusetts against the United ~tates for services of her militia during the war of 1812, in the following cases: (1.) Where the militia of said State were called out to repel actual invasion or under a well-founded apprehension of invasion, provided their numbers were not in undue proportion to the exigency. · · (2.) Where they were called out by the authority of the State and afterwards recog-nized by the Federal Government. (3.) Where they were called out by and served under the requisition of the President of the United States or of any officer thereof. 3. By a joint resolution approved May 14, 1836, entitled "A resolution to authorize the Secretary of War to receive additional evidence in support of claims of Massachusetts and other States of the United States for dit1bursements, services," etc., during the war of 1 12, the ecretary was authorized, in preparing his report pursuant to the resolution o~ Hou e of Representatives agreed to the 24th of February, 1832, without regard to existing rule and requirements to receive such evidence a~ was on file, and an~ further proofs which might be offered tending to establish the vaiidity of the clauns of Mas achusett.s upon the United States, or any part thereof, for services, CLAIMS OF THE STATE OF NEVAD,A. 97 disbursements, and expenditures during the war with Great Britain ; an~ in all cases where such evidence should, in his judgment, prove the truth of the items of the claim or any part hereof, to act on the same in like manner as if the proof consisted of su~h vouchers and evidence as was required by existing rules and regulations touching the allowance of such claims; -and it was provided that in the settlement of claims of other States upon the United States for services, disbursements, and ex-penditures during the war with Great Britain, the same kind of evidence, vouchers, and proof should be received as therein provided for in relation to the claim of Massa-chusetts. 4. By the sixth section of an act approved March 31, 1837, an appropriation, was made for paying the claims of the State of Connecticut for the services.of her militia during the war of 1812, to be audited and settled by the proper acco_unting officer~ of the Treasury under the superintendence of the Secretary of War m the followmg cases: · (1.) Where the militia of said State were called out to repel actual invasion or under a well-founded apprehension of invasion, provided their numbers were not in undue proportion to the exigency. (~.) Where they were called out by the authorities of the State and afterwards recog-nized by the Federal Government, and 1 (3.) Where they were called out and served under the requisition of the President of the United States or of any officer thereof. 5. By an act approved August 14, 1848, the proper accounting officers of the Treas-ury were directed to setJ,le the claims for one month's service of the officers and soldiers of the Fourth Regiment in the Second Brigade of the Third Division of the militia of the Sta~e of Vermont, who served at the battle of Plattsburgh on the 11th of Sep-tember, 1814, for their military services on that occasion. · · 6. By act approved March 3, 1853, making appropriations for the civil and diplo-matic expenses of the Government for the year ending June 30, 1854, an appropriation of $10,334.31 was made for arrearages of pay, subsistence, and clothing due to Capt. Richard McRae's Company of Virginia Volunteers, which served in the war with Grea;t Britain in 1812-'13, to be paid to the officers and soldiers of said company or their legal representatives, under the order of the Secretary of War, upon the production of proof as to the identity of said officers and soldiers, and that they have not been paid. 7. By an act approved August 31, 1852 (Army appropriation), the Secretary of War was required to pay to the State of South Carolina such sums of money as were paid by said State in 1838, 183!.I, and 1840 for servicE)s, losses, and damage sustained by her volunteers in the Florida war of 1836, 1837, and 18:18, while in the service of the United States; and on their return from said service, as were ascertained a;nd allowed by the board of commissioners appointed for that purpose by the act of the legislature of said State in 1837, with the proviso that no interest should be allowed upon moneys paid to the State of South Carolina under the provisions qf said act. And it was by said act further provided that. in the settlement of the claims of the State of Georgia, under tµe act of August 11, 1842, providing for the settlement of the claims of that State for the service of her militia, which had theretofore been suspended or disal-lowed, the accounting officers of the Treasury Department should allow and pay, upon proof that the State had allowed and paid the same, all accounts for forage, subsistence, hospital stores, medical service, · and transportation which had not there-tofore been allowed by the United States . . And it was further provided by said act that in the adjustment of the accounts of the State of Maine, under the act of June 13, 1842, the proper accounting officers of the Treasury should include and allow the claims which had theretofore been presented under said act, provided it should be satisfactorily shown that said claims had been actually allowed and paid by said State. i . 8. By an act approved March 3, 1853, second section, the proper accounting officers of the Treasury Department were authorized to settle the claims of the State of :F'lorida for services of her troops under the act of Jfebruary 27, 1851, by the provision stated for the settlement of the claims of the State of Georgia for like services under the act approved August 31, 1851 (Army appropriation bill). ' 9. By the eighth section of an act approved March 3, 1853, the Secretary of the Treas-ury was dire«;}ted to pa,y to the State of Georgia her. claims remainino- unpaid for ~oneys· p~id b_y the State in ~uppres~ing hostilities of the Cherokee, Cre~k, and Sem-mole Indians m the yea~ ~830 and s111ce, upo~ proof that the same w:as paid by the State, and that the prov1s10ns of the act relative to the settlement of the claims of Geo;rgia for military service, approved March .-3, 1851, should be extended .:to payments under said act. The Secretary of the Treasury was also by said act required to pay the State of Alabama, under the provisif certain CLAIMS OF THE STATE OF NEVADA. 99 foreign steam-ship companies, arising from the illegal exaction of tonnage duties, respectfully report: . . . . . The matters arising herein were thoroughly and exhaustively considered by this committee in the Forty-sixth Congres_s, and a very able report made the~eon, by Hon. Mr. Rice, then and now a, member of the committee, was favorably considered by the committee. The ninth article of the treaty of 1827 between the United States and the Han-seati,785, as principal of duties paid, and $80,737.50, as interest at 6 per cent. pe_r ann'!lm to August 8, 1878; and the Hamburg American Packet Company presented its claun for $130,119, as principal of duties paid, and for $75,069.27, as interest on the same at 6 per cent. per annum to July 1, 1878. In August last the amounts named as principal were paid by the Treasury Depart-ment to the two companies and accepted by them under protest, and the question now before your committee is the one embracing tliis claim for interest, referred to it by the letter of the Secretary of the Treasury, to be determined under the principles of international law; and the inquiry presented is, what shall be the just measure of reparation for an injury inflicted upon a foreign and friendly power in contravention of the solemn treaty obiigations of the United States. It is one of the highest national importance, not because it demands a considerable sum ,-,f money, but because it involves a question of national honor, and its determi-nation will sanction a principle to which the Government will henceforth stand com-mitte<.l in the enforcement of its own demands against foreign powers. The cause of said act of Congress authorizing a refund was the fact that the United States had violated treaty obligations by the exaction of moneys it had no right to re-ceive. It has held thesemoneysforyears, depriving the lawful owners of their use, ben-efit, and profit. We think it very plain that the United States, according to principles of pn blic law, can not make just or complete reparation for this wrong without now determining that it will pay interest, at areasonablerate, on the moneys thus wrong-fully exacted and withheld to the injury of the other party to the compact. Pending the consideration of the bill in the Senate, the Hon. Justin S. Morrill, chairman of the Committee on :Finance (from which committee the bill was reported), in a letter addressed to the Secretary of the Treasury under date of April 81 1878, sub-mitted, among others, the following inquiry: "Again, let me ask you whether, if no~hing is aid in the act as to the payment of interest, you would pay any f " To th11.i the ecr tary of the Tr a ury, under date of April 15, J 878, replied: "You f~rtherinqnire whether, if nothing be said in the act about payment of in-t rest, this Department would pay interest on the amounts originally exacted. I 1· ply that the qn . tio~ wh th r intArest hould be paid on the original _claim ~ould d P nd on tb. obh~at1on of tl~e G~ vernment under the treaty stipulations referred t , a ·u ·h ·t1pula.t10n ar ordmar1ly construed b.v the law of nations." rthel , the cr ta.ry of t he Tr a. ury, on mor matm·e consideration, and· CLAIMS OF THE STATE OF NEVADA. 101 after obtaining the decision of the Attorney-General thereon, determined that he was not permitted to pay the interest under the pecuhar phraseology of the act, and recom-mended further legislation by Congr~ss. . . . . . . It only remains to show, by the recogmzed authorities on mter?ation_al law, what the just obliO'ations of the Upited States are under the treaty st1pulat1ons referred to '' as such'°stipulations are ordinarily construed by the law of nations." It is sometimes asserted that "the Government never pays interest." This a~sump-tion doubtless arises from two ideas, namely: the principle that inforest is often al-lowed in the nature of damage for money wrongfully withheld; and the common-law :fiction that the ~overeign can do no wrong and can be guilty of no laches; therefore, the G~vernment can not be chargeable with interest. The idea may also have ob-tained acceptance from the custom and usage of the accounting officers and Depart-ments refusing to allow interest generally in ~eir accounts with disbursing officers, and in the settlement of unliquidated domestic claims arising out of dealings with the Government. It will hardly be pretended, however, that this custom or usage is so "reasonable," well-known, and "certain" as to give it the force and effect of law. But it is submitted that even were it true that the Government, as a rule, pays no interest to its own citizons, the :fiction that "the sovereign can do no wrong" can be in-~oked only in its relation to-its own subjects, and has no application whatev~r in its dealings with a foreign power, for both stand on the same footing of nat10nal. equality. By the principles of the public law, interest is always allowed as indemnity for the dela;y of payment of an ascertained and fixed demand. There is no conflict of au-thority upon this question among the writers on public law. . This rule is laid down by Rutherford in these teons: "In estimating the damages which any one has sustained, when such things as he ha.s a perfect right to are unjustly taken from him, or withholden, or intercepted, we are to considoc not only the value of the thing itself, but the value likewise of the fruits or profits that might have arisen from it. He who is the owner of the thing is likewise the owner of the fruits or profits. So that it is properly a damage to be de-prived of them as it is to be deprived of the thing itself." (Rutherford's Institutes, Book I, chap. 17, sec. 5.) In laying down the rule for the satisfaction of injuries in the case of reprisals, in making which the strictest caution is enjoined not to transcend the cleareet rules of justice, Mr. Wheaton, in his work on the law of nations, says: "If a nation has taken possession of that which belongs to another, if it refuses to pay a debt, to repair an injury, or to give adequate satisfaction for it, the latter may seize something·ofthe former and apply it to [his] its advantage till it obtains pay-ment of what is due, together with interest and damages." (Wheaton on Interna-tional Law, p. 341.) • Domat thus states the law of reason and justice on this point: "It is a natural consequence of the general engagement to do wrong to no one that they who cause any damages, by failing in the performance of that engagement, are obliged to repair the damage which they have done. Of what nature soever th!3 damage may be, and from what cause soever it may proceed, he who is answerable for it ought to repair it by an amende proportionable either to his fault or to his of-fense or other cause on his part, and to the loss which has happened thereby." (Domat, Part I, Book III, Title V, 1900, 1903.) "Interest" is, in reality, injustice, in reason, and in law, too, a part of the debt du~. It includ~s, in Pothier's words, the loss w~ich o_ne has suffered and the gain ~hich he has fa~l~d to make. The Roma~ law.defines 1t as" quantum, mea intmfruit; id est, quantum mihi abest, quantumque lucrari potui." The two elements ofit were termed '.' litcru'1¥!' cessans et damnum emergens." The payment of both is necessary to a complete mdemmty. • -" Interest," Domat says, "is the reparation or satisfaction which he who owes a sum of money is bound to make to his creditor for the damage which he does him by not paying him the money he owes him." · It is bec~use. of the universal recognitio1;1 of th~ justice of paying, for the retention of moneys md1spu tably due and payable immediately, a rate of interest considered to be a fair equivalent for the loss of its use, that judgments for money everywhere bear interest. The creditor is deprived of this profit and the debtor has it. ~hat ~reater. wrong could the law permit ~han that the debtor should be at liberty mdefimtely to delay payment, and, durmg the delay, have the use of the creditor's money fo! no~hing f They are none the less the creditor's moneys because the debtor wrongfully withholds them. He holds them, in reality and essentially in trust · and a trustee is always bound to pay interest upon moneys so held. ' ' In closing these citations from the public law, the language of Chancellor Kent seems eminently appropriate. He says : "In cases where the principal jurists agree the presumption' will be very great in favor of the solidity of their maxims, and no civilized ~a.tion that does not arrogantly S. Rep. 6-~2 102 CLAIMS OF THE STATE 01!' NEVADA. set all ordinary law and justice at defiance will venture to disregard the uniform sense of established writers on international law." (1 Kent Com., 19.) 'l'he practice of the United ~tates in di~charging obligation_s re1mlt_in~ from treaty stipulations has always 1?een m accord with the~e w~ll-estabhshe'd prrnc1ples. It has exacted the payment of mterest from other nations m all \:lases where the obligation to make payment resulted from treaty stipulations, and it has acknowledged that obligation in all cases where a like liability was imposed upon it. The most important and leading cases which have occurred are those which arose between this country and Great Britain-the first under the treaty of 1794, and the other under the first article of the treaty of Ghent. In the latter case the United States claimed compensation for slaves and other property taken away from the country by the British forces at the close of the war in 1815. A difference arose between the two Governments, which was submitted to the arbitrament of the Emperor of Russia, who decided. that "the United States of America are entitled to a just inderimification from Great Britain for all private property carried away by the British forces." A joint commission was appointed for the purpose of hearing the claims of individuals under this decision. At an early stage of the proceedinp the question arose as to whether interest was a part of that ''just indemnification' which the decision of the Emperor of Russia contemplated. The British commissioner denied the obligation to pay in .. terest. The American commissioner, Langdon Cheves, insisted upon its allowance, and, in the course of his argument upon this question, said: "Indemnification means a re-imbursement of a loss sustained. If the property taken away on the 17th of February, 1815, were returned now uninjured, it

Report on Appropriations for an lndian War

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Report on Appropriations for an lndian War

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