3d Session. No. 558. IN THE SENATE OF THE UNITED STATES. DECEMBER 18, 1878.-Agreed to and ordered to be printed. Mr. HOAR, from the Committee on Claims, submitted the following REPORT: The Committee on Claims, to whom was referred the petition of Thomas P. Blair, have considered the same, and respectfully report: The petition which is annexed, and made part of this report, leaves it uncertain whether the petitioner claims that the placing the grain described in bags marked as the property of the United States constituted such a delivery, or that the transaction narrated constituted such a sale, that the property passed. If it did, petitioner's remedy was in the Court of Claims. If not, and his own property which he expected to sell to the United States was captured, he has no claim against the government. In either case he should have leave to withdraw. To the honorable the Senate and House of Representatives in Congress assembled : The petition of Thomas P. Blair, of Cumberland County, in the State of Pennsylvania, respectfully represents that in the year 1863 he was residing at Shippensburg, in said county of Cumberland, engaged in the grain and commission business, and occupying a warehouse on the line of the Cumberland Valley Railroad, which passes through said town. That in the spring of that year (1863) Albert S. Ashmead, captain and assistant quartermaster of volunteers, United States Army, employed Messrs. Oaks and Linn to purchase corn and oats for the United States along the line of said railroad for the use of the government, as was then expected at or near Hagerstown, in the State of Maryland, which was then the southern terminus of said railroad. That the said Oaks and Linn, on behalf of the United States, and in pursuance of their authority from said assistant quartermaster, directed your petitioner to purchase all the oats and corn he could, and agreed to take the same at certain stipulated prices, to wit, for corn $1 per bushel, and for oats 80 cents per bushel, for the United States, the petitioner to store the same in his warehouse, putting it into the bags of the United States as the same should be furnished to him by said assistant quartermaster, and then allowing it to remain in said warehouse in said bags duly marked as the property of the United States, until orders and transportation were sent to forward the same. That your petitioner proceeded to execute his part of said contract, and purchased a large quantity of oats and corn in pursuance thereof, to wit, twenty-five thousand bushels of oats and twelve thousand bushels of corn, and the said assistant quartermaster furnished bags, properly marked as the property of the United States, into which your petitioner put a large portion of said grain, and allowed the same to remain in his warehouse, as also such portion of said grain as no bags had been furnished to hold. That in consequence of the invasion of the Cumberland Valley by the rebel forces under General Lee, in June, 1863, the assistant quartermaster desired to have the said grain sent to Harrisburg, Pa., instead of to Hagerstown, Md., and on the 22d of June, 1863, your petitioner received orders from said assistant quartermaster to send the said grain to Harrisburg, and was notified that the next day cars would be at the warehouse to take it away; but instead thereof the advance guard of General Lee's army came to said town of Shippensburg, and, finding said corn and oats identified and set apart as the property of the United States by the employment of said bags as aforesaid, seized and appropriated the same to their own use as the property of the United States. Your petitioner, further representing that he has never received payment for said grain, prays your honorable bodies to grant him the relief to which he believes himself to be entitled, to wit, payment for the grain so taken. And he will ever pray, &c. THOMAS P. BLAIR. 3d Session. IN THE SENATE OF THE UNITED STATES. No. 559. DECEMBER 18, 1878.-Agreed to and ordered to be printed. Mr. CAMERON, of Wisconsin, from the Committee on Claims, submitted the following REPORT: The Committee on Claims, to whom was referred the petition of Louisa Kearney, widow of the late James Kearney, of the United States Army, praying compensation for property alleged to have been taken and appropriated by the United States military forces during the late civil war, have consid ered the same, and submit the following report: The petitioner sets forth in her petition that she is a resident of Georgetown, in the District of Columbia; that she is the widow of the late Col. James Kearney, of the United States Army, and was in her own right the owner of a farm near Amandale, Fairfax County, Virginia, which in the years 1861 and 1862 was occupied by the Army of the United States; that when the Army took possession of said farm it was entirely inclosed by a fence, and had the usual cross-fencing, and also two dwelling-houses, one frame, the other of stone, both two stories high, and also a barn and other usual outbuildings; and that the Army consumed the entire fencing, removed wholly the two dwelling-houses, the barn and other buildings, and all other material from said farm; and that the whole was of the value of at least five thousand dollars. The memorialist further states in her petition that heretofore she petitioned Congress for relief, and that during the second session of the Fortyfirst Congress a report was made in her favor from the Committee on Claims of the Senate, by Garrett Davis, then a Senator from the State of Kentucky, who also reported a bill appropriating $5,000 for her relief, and that this bill was not acted upon during that session of Congress, nor at all. The petitioner further alleges that she was advised by friends to withdraw her claim from before Congress and present the same to the Southern Claims Commission; that she did so withdraw it, and subsequently presented her claim in due form to the Southern Claims Commission. The claimant, in her petition presented to the Southern Claims Commission, claims to recover for the rent of 134 acres of land in Alexandria County, Virginia, and for buildings and other materials taken from there by the United States Army, and used in the construction of fortifications and bridges, and for other purposes. Her claim was itemized as follows: 1. For rent of 134 acres of land in Alexandria County, Virginia, from June 1, 1861, to August 1, 1865, 4 years and two months, at $400 per annum.......... $1,666 66 2. For one two-story stone building taken from said premises, about 30 feet square 2,000 00 3. For one two-story dwelling-house, with four rooms and small outbuildings, taken from said premises 2,000 00 4. For one barn taken from the same. 5. For outside and cross-fences taken from the same, about 1,800 panels.. 6. Timber on 40 acres of land, 25 cords per acre, $1.50 per cord. 600 00 600 00 1,500 00 Total... 8,366 66 The claimant states further in this petition that Mrs. Elizabeth T. O'Reilly, claimant's mother, was the original owner of said claim, and that said petitioner and her sisters became the owners of the claim upon the death of their mother, Mrs. O'Reilly. The evidence taken by the Southern Claims Commission has been laid before your committee, and from this evidence the claim seems to have been very thoroughly investigated. The claim was presented to the Quartermaster's Department, and Colonel Ludington, chief quartermas ter, investigated the claim personally. He reports that up to 1860 this property had never been assessed at more than $20 per acre, or a total of $2,680. The property in question is located in Alexandria County, Virginia, about two miles from Falls Church and about one mile from Ball's Cross-Roads, and comprises 134 acres of land, of which area about 100 acres prior to 1861 was improved. The evidence shows that the property was tolerably well fenced at the commencement of the war, being entirely inclosed and having some cross-fences. This appears from the evidence of residents in the vicinity and other parties. These witnesses further state that there were on the premises one frame dwelling-house of moderate size, one small barn, and one stone-wall house two stories high. These buildings and the fences were torn down and removed during the war, but it does not appear by whom they were torn down or removed, nor that they were torn down or removed by the order of any competent military authority. The testimony of General Augur was taken, and he states that when his brigade was encamped upon the premises, in the fall and winter of 1861, no portion of the houses, or buildings, or fences remained. The testimony shows that United States troops were encamped on the premises in the early part of 1861, and it is probable, although it is not shown conclusively by the testimony, that the injury was done to the property during that occupation. All traces of the improvements hav ing been removed prior to the investigation of the claim, it was, of course, very difficult to estimate their value. As already stated, the records of Alexandria County show that the property, including all the improvements, was assessed in the year 1860 at $20 per acre, total of $2,680 for the farm. The amount of injury alleged by the claimant to have been sustained was $5,000. The evidence in regard to the value of the improvements on the farm is very vague and unsatisfactory. The Southern Claims Commission disallowed the claim for rent on the ground that that commission had no jurisdiction to entertain a claim of this character. The commission allowed It does not appear that any of the property was taken or any damages caused by the order of any competent military authority. In fact, it seems to be proved by the testimony that all the property was taken and all the damages were done by the wanton acts of the soldiers. It is probable that some of the material of the buildings was used by the soldiers, and it is probable that some of the fence-rails were used as fuel. although none of this appears by the evidence. The Southern Claims Commission having heard the testimony and rendered a judgment for all the claim made by the claimant, except the claim |