CONTENTS

Statement of—

STATEMENT AND EXHIBITS FILED AT HEARING

Adrian Sizer, attorney at law, Washington, D. C....

Clarence W. DeKnight, attorney at law, Washington, D. C.

Hon William Cohen, Member of Congress from the State of New

York, city of New York...

Exhibits:

EXHIBITS INTRODUCED AT THE HEARING (PP. 16-26)

AA. President Lincoln's proclamation, April 15, 1861-

BB. New York City ordinance, dated April 22, 1861, appropriating

$1,000,000 to be expended by the Union Defense Committee_

CC. Report on conference of special committee of the Union Defense

Committee in Washington, May 15, 1861, bearing on an order

of President Lincoln to the Union Defense Committee for

acceptance of 14 additional regiments. (For letter from

President Lincoln to C. H. Russell, of Union Defense Com-

mittee, see p. 5; for letter of Simon Cameron, Secretary of

War, to Hamilton Fish, chairman of Union Defense Commit-

tee, confirming this order, see p. 5).......

DD. Request of Union Defense Committee upon Simon Cameron,

Secretary of War, for reimbursement, December 31, 1861---

EE. Chronology of (a) appointment of Union Defense Committee,

(b) authority to expend money, and (c) authority from the

Government to raise and equip troops...

FF. Chronological statement of efforts to secure reimbursement...

BRIEFS AND PETITION FILED

1. Brief of the city of New York to the Committee on War Claims on S.

459, Seventieth Congress, first session_...

Page

1-3

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16

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17-18

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222

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Statement of facts..

26

On precedent__

27

The facts fully establish liability on the part of the United States

to the city of New York.

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The liability of the United States constitutes a debt due by it to

the city of New York...

28

Exhibit A. Senate Report 112, Seventieth Congress, first session__

Union Defense Committee, list of members.

Audit by Comptroller General of United States_

Conclusion...

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29

30

31

Extract from report of Comptroller General of United States on

the claim of the city of New York made pursuant to Senate

Resolution 227, Sixty-eighth Congress, second session__.

History of claim of city of New York..

Result of audit_

Debits and credits.

Exhibit B. Proclamation of President Lincoln, April 15, 1861--

Exhibit C. Ordinance of common council, April 22, 1861...

Exhibit D. Minutes, reports, and correspondence of Union Defense

Committee of the city of New York, by John Austin Stevens, pub-

lished by the Union Defense Committee, 1885 (bound volume)__

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32

36

38

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41

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Page

1. Brief of the city of New York to the Committee on War Claims on S.

459, Seventieth Congress, first session-Continued.

Exhibit E. Bundle of photostats of the certified transcripts of books

of account on file with Comptroller General of the United States_

Exhibit F. Petition of the city of New York to the Congress of the

United States, November 9, 1903-.

Exhibit G. Tabulated statement of bills introduced in Congress

looking to payment of claim of city of New York, from 1863 to

1929_

Exhibit H. Efforts of the city to secure payment_

Exhibits I-L-Precedents.

Exhibit I. City of Baltimore, act approved May 20, 1926-

Exhibit J. City of Mobile, act approved March 3, 1841..

Exhibit K. Legislative enactments legalizing and extending the

scope of acts of municipalities approved June 2, 1848..

Exhibit Ka. Resolution to refund money to the States who have

supplied volunteers and furnished them transportation during

the present war before being mustered and received into the

service of the United States, approved March 3, 1847..

Exhibit K1. City of New York re war with Mexico, act to reim-

burse to the common council of New York City, expenditures

made for the first regiment of New York Volunteers, approved

June 29, 1854_.

Exhibit L. City of Baltimore et al., act of May 27, 1902__

Exhibit M. New York in the War of the Rebellion, extracts from,

by Frederick Phisterer, late captain United States Army, bear-

ing on regiments raised and equipped by the city of New York.

2. Supplemental brief of the city of New York to the Committee on War

Claims. United States House of Representatives (S. 459), Seven-

tieth Congress, first session___.

The troops raised, equipped, and furnished by the city of New York

in 1861 were so raised, equipped, and furnished by order of the

United States Government.

Conference of special committee of the Union Defense Committee

with the President and his Cabinet and General Scott, May

15, 1861

Letter from Simon Cameron, Secretary of War, to Hon. Hamilton

Fish, chairman Union Defense Committee, dated War Depart-

ment, May 15, 1861_..

Letter from President Lincoln to C. H. Russell, one of the mem-

bers of the above-named special committee who had conferred

with the President the day previous..

Letter from Hamilton Fish, chairman of the Union Defense Com-

mittee, to Hon. E. D. Morgan, Governor of the State of New

York.

Letter from President Lincoln to Hon. E. D. Morgan, Governor of

the State of New York.__.

Act of July 27, 1861, to refund to the States expenditures incurred

by them for equipping troops between April, 1861, and July 27,

1861..

Act of August 6, 1861, legalized the orders of the President issued

to the agents of the city of New York during the period the city

of New York expended the money for which it now seeks reim-

bursement..

Extract from report of Committee on War Claims, February 1,

1895 (H. Rept. 1740, 53d Cong., 3d sess.), in which it recommends

that the statute of limitations be waived in the case of the city of

New York and it be disposed of on its merits...

Exhibit A. Extract from historical introduction to the book

entitled "The Union Defense Committee of the City of New

York, Minutes, Reports, and Correspondence," giving particu-

lars of visit of special committee of Union Defense Committee

to the President and conference with him and his Cabinet and

General Scott in Washington, May 15, 1861, and giving list of

the 14 regiments accepted from the committee by the Government

in compliance with the order of the President__.