L LETTER
I COL. JOHN SPENCER,[
LATE RECEIVER OF THE LAND OFFICE
AT
FORT WAYNE, INDIANA,
TOGETHER WVITHI
PAPERS AND DOCUMENTS  I
N GOVEEMIENIIT   OF THIE U ACNITD  TACOUNTS   T THE
NEW  YORK:
BAKER, GODWIN & CO., PRINTERS,
CORNER NASSAU AND SPRUCE STREETS.
1852.








LETTER
OF
COL. JOHN SPENCER,
LATE RECEIVER OF THE LAND OFFICE
AT
FORT WAYNE, INDIANA,
TOGETHER WITH
PAPERS AND DOCUMJENTS
CONNECTED WITH THE SETTLEMENT OF HIS ACCOUNTS WITH THE
GOVERNMENT OF THE UNITED STATES.
NEW  YORK:
BAKER, GODWIN & CO., PRINTERS,
CORNER NASSAU AND SPRUCE STREETS.
1852.








INTRODUCTION.
THE publication of the statement herein contained, after the
lapse of years from the time the transactions occurred, may
appear strange and uncalled for.  My reasons, however, for
adopting this course are, that I am not unfrequently questioned
by friends, touching this matter, in order to be furnished with
facts to contradict injurious rumors which are still secretly
floating among the credulous and ignorant on this subject, in
the community around-rumors, put in circulation by those
whose instinct is mischief, and whose vocation it is to destroy
the good name of the innocent and virtuous. And more than
this, insinuations and statements have lately been made by a
venal press in this city, whose meaning cannot be misunderstood, and whose intention it is to awaken a public feeling
against me, which has long ago been put to rest by the force of
truth and conviction-by evidence and facts, which if not forgotten, will be satisfactory and convincing to every unprejudiced and honest mind.
To present this evidence and the facts in the case; to furnish a full statement to all who may desire information on this
subject, is the object of this publication.
I desire no concealment. It is my wish that all may be
known. If my statement is not full and truthful, let the contrary be shown.
"Who steals my purse, steals trash,'tis something, nothing;'Twas mine,'tis his, and has been slave to thousands;
But he that filches from me my good name,
Robs me of that which not enriches him,
And makes me poor indeed."




4
I desire my good name to be vindicated, and my grave to
be honored by the friends who live after me, because it will
contain all that is left of an honest man.
I am aware that I may subject myself to the charge of unwonted sensitiveness and an overweening desire for the esteem
and good opinion of others. I aim at nothing and hope to
achieve nothing, but the protection of my good name. And I
ask the right-minded among my friends and fellow-citizens, to
credit nor charge me with no other feelings or motives, than a
just and proper self-estimate of personal honor and personal integrity, and an earnest desire to vindicate the one and protect
the other.
Owing to a train of circumstances which at one time were
not well understood, but afterwards were easily and fully explained, my character suffered in the hands of some who are
ever too willing on any pretext to embrace injurious impressions of their fellow men. Suspicions of my public integrity,
and even my private honesty, were scattered among the credulous, and produced impressions on the minds of many, which
the force of testimony given under sanctions the most formal
and solemn has as yet hardly effaced. After a laborious and
most searching inquiry into this matter, with no ordinary means
of information, the processes and results of which I shall lay
before you, I feel authorized to state-and to the proofs and
facts of the case I commend your attention-that my conduct
as an officer of the government admits of unqualified vindication; that, so far from open censure or the whispers of suspicion, I deserve the commendation which is due to undeviating,
honorable, and efficient services, rendered in the face of numerous obstacles and embarrassments existing, and sometimes with
almost irresistible force, through the whole term of my office.




To 4 m
DEAR SIR:
Circumstances connected with my public and official conduct, as Receiver of the Land Office at Fort Wayne, Indiana,
between the years 1831 and 1840, constituting two successive
terms of official service, gave rise to the charge against me of
defalcation and mal-administration; with the consequent implication of my honor and fortunes for life, threatening ruin to
both.
These charges were made at a time of high political excitement, when every expedient was resorted to by the party in
opposition, to inflame the public mind against the party in
power, the then existing administration, and all those who
held office under it, from the highest to the lowest. The press
and the forum, recreant to the obligations of truth and justice,
reckless of consequences to private integrity and public honor,
teemed with falsehood, abuse, and calumny —breaking down
the sacred inclosures of private life, and treading in the dust
the sanctity and respect due to public station. None were so
high as to be exempt from the shaft aimed for their destruction,
none too low to escape the venom of a party spirit, maddened
by its passion, and lust for power and rule.
The circumstances to which I have alluded, were certain
errors and omissions in my accounts rendered to the proper
department of the government, in my final settlement and departure from the office of Receiver of the Land Office at Fort
Wayne.
But, in order to a full and proper understanding of the




6
whole subject, it will be necessary that I should give a brief
history and statement of my transactions and conduct in office;
the peculiar circumstances connected with the service during
my continuance in office; the manner of the final settlement
of my accounts with the government; and the adjustment of
the difficulties growing out of the charge against me of defalcation.
Before, however, entering upon the subject more immediately concerned, I trust it will not be considered. improper or
out of place to trace very briefly those preliminary steps, which
led me fromloyhood to the public statioi the difficulties connected with which I am about to explain,-in order that my
whole life may appear as one connected chain, of honest and
honorable endeavor to discharge faithfully the various duties of
private and public life to which I have severally been called;
the record of which I am prepared to meet at the tribunal of
human judgment; and, I trust, in that last day when the actions
of men will be judged by the all-seeing and just One, that my
conduct will be approved, on that rule which enforces the obligation, to " do unto others as you would have others to do unto
you."))
I was born in Kentucky, and emigrated with my parents to
Dearborn County, Indiana, in the year 1797. They were the
third family which settled in that county, then a wilderness.
I remained with them, and labored on a farm, till the age of
seventeen, at which time I left my paternal home, to seek for
an education by my own unaided efforts, wherever the means
of instruction might be found. These means were furnished
in the western country to a very limited extent at that time,
and were of a very imperfect character. But, by alternate
labor and study, I was enabled to obtain the rudiments of an
English education, and such preparation in mental culture as
fitted me for the ordinary business of life. At this early period
of my life, I was thrown entirely upon my own resources and
unaided efforts. At the age of twenty, being then a resident
of Dearborn county, I was elected, and, at the organization of
the State, was commissioned an Ensign in the Indiana militia;
a year and a half afterwards was elected captain and com



mandant of the company. This military service brought me in
contact and into acquaintance with the large body of the citizens of the county. In 1822, at the age of twenty-five, I was
elected Sheriff of the County of Dearborn, in opposition to
two persons of high standing and long public service in the
county. At the expiration of my two years term of office, I
was reelected without opposition. By constitutional limitation,
I vacated the office of Sheriff at the expiration of my second
term. At the expiration of the first term of my successor, I
was again reelected by a majority of four hundred and seven
votes. At the expiration of this term of office, I was re-nominated, and succeeded over the opposing candidate by a majority
of eight hundred and ninety-one votes. My opponent at this
time was one of the most popular men in the county; in proof
of which, he was elected, on my resignation, by a majority of
several hundred votes. I was also, through my whole term of
service as sheriff, by virtue of that office, collector of the revenues of the county. I was also appointed United States Deputy
Marshal of Dearborn County, to take the census of 1830.
In the year 1822, after my election to the office of Sheriff of
Dearborn County, I received the appointment of Adjutant of
the 15th Regiment of Indiana Militia, and after serving in that
capacity for nearly two years, was elected Major of the Regiment. In 1825, I organized the 55th Regiment, and was elected
Colonel, and served as Colonel commandant for the period of
six years, and up to the time of my appointment as Receiver
of the Land office, at Fort Wayne.
In the year 1832, I received from the Government of the
United States, the appointment of Receiver of the public
moneys of the Land Office at Fort Wayne, whereupon I resigned the office of Sheriff, and entered at once upon the discharge of the duties of my new appointment. Such is a brief
outline of my history, up to the period when the events occurred which will form the subject of this narrative.
The Fort Wayne Land District was established, and the offices located at Fort Wayne, in the year 1824, under the administration of John Quincy Adams. The first appointments to
office were Captain Samuel C. Vance, Register, and the Hon.




8
Joseph Holeman, Receiver. In 1828, on the accession of Gen.
Jackson to the Presidency, Capt. Robert Brackinridge and
Gen. Jonathan McCarty, were appointed to succeed the Messrs.
Vance and Holeman. On the election of Gen. McCarty to
Congress, and his resignation of the office of Receiver, I was
appointed to fill the vacancy; and received my commission,
dated 30th day of December, 1831; and was re-appointed on
the 31st day of December, 1835. I entered upon the discharge
of the duties of my office on the 12th day of March, 1832, and
vacated the office finally, on the 16th day of January, 1840.
At the time I entered the office, there were but 222 entries
of sales of land on the books of the office, and the receipts
amounted only to about 100,000 dollars. During the time of my
continuance in office, the country around Fort Wayne, for hundreds of miles, was an almost unbroken wilderness. Roads were
not opened, streams were not bridged. These circumstances,
together with the peculiarities of a low wet country, subject
to inundation from ordinary rains, increased the difficulties,
delays, and expense of travel, in transporting large quantities of specie, at frequent and short intervals, to the different
points of deposit, as was required under the instructions of the
government. The country was inhabited generally by a rude,
and to some extent a lawless people, which made it necessary,
both for the protection of the public funds while in transitu,
and the lives of those who were its temporary custodians, that
a guard sufficiently numerous and trustworthy, should be employed on these frequent journeys. For the unusual expenses
connected with these journeys, no provision had been made by
the government.
Under the impulse given to speculation and emigration in
the years 1835, 6, and 7, the sales of the public lands at this office increased to an enormous extent, so, much so, that in the
short period of eight months only, it reached the enormous sum
of $1,620,634, and in a single year, to over $2,000,000.
In orderto meet this enlarged demand for lands, and silence
the clamors of importunate applicants for purchase, it became
indispensable greatly to increase the numbers and efficiency of
those employed by me to render aid in the business of the of



9
fice; and this extra aid involved a large item of additional and
extraordinary charge upon the office, not provided for by the
government.
When my term of office expired, on the 30th of December,
1839, it required some little time to make up the accounts of so
vast a business, to be rendered to the government up to that
period, including the entire business of the office for my term
of service. And before I had had time to make a settlement
with the government, the public press and the voice of rumor,
inflamed by the political and party feeling of the times, had
already made me a defaulter.
In auditing my accounts at the proper department of the
government, a deficit was found against me. This deficit was
caused by the department overlooking the extraordinary expenses, which, though not specially provided for by law, were
rendered indispensably necessary by the peculiar emergencies
of the business, and which ought to have been allowed at the
time as a charge against the government. The department had
also disallowed claims for moneys expended, accompanied with
the attesting voucher, and under the authorized heads of disbursements, and within the prescribed limitation. And many
items of my account of charges against the government, were
suspended on account of some deficiency in the mere form of
the proofs and vouchers.
The violence of political feeling and excitement against me
had risen so high, that it seemed to have reached the accounting officers of the treasury themselves, who, as if infected with
the same spirit, instituted suit against me and my sureties on
my bond, although I was importunate in my demands for a settlement of my accounts with the government. In the progress
of the suit and on the trial of the cause, when I was prepared
to show to the court and to the country, that instead of being a
defaulter and a debtor to the government, the government was
debtor to me, I was met at the threshold and told by the judgment of the court, that my offsets would not be considered or
allowed; not because they had no foundation in justice and
right, but simply because the formula had not been complied
with of a regular presentment, and disallowal by the proper




10
department of the government; and this, too, when I had repeatedly and with importunity sought for a settlement with this
very department of the government. Under these circumstances, judgment was obtained against me for a very large
amount. I was stripped of all my property, which was sold,
and most of it bought in by the government.
The property seized by the government consisted mostly of
improved real estate. It was held in possession by the government for the period of between four and five years; during which
time, from want of care and oversight, it was suffered to run
to waste and destruction, the natural consequence of being in
the hands of agents, who had no interest in giving to it the
personal attention which the case demanded. The accruing
pecuniary damage to me on a subsequent settlement with the
government, from this waste and ruin, and the loss of rents
and profits, was over seven thousand dollars, to say nothing of
the cost to me of litigation, amounting to over six thousand,
and the incidental loss of much more. In addition to this, I
was mulcted in the costs of suit and the proceedings thereon,
which I was compelled to pay, and which amounted to over
fourteen hundred dollars. All these losses and vexations were
visited upon me, when I did not owe the government one cent;
on the contrary the government was my debtor to a considerable amount.
After the loss of all my property, at the suit of the government I had served so faithfully, conscious of my own integrity,
and knowing that I had been wrongfully and unjustly dispossessed of the earnings of many years of toil and carefulness,
I determined to make my final appeal to the Congress of the
country, for relief and redress, through the means of a final
settlement with the proper department of the government. At
this time the exacerbations of political and party feeling had
somewhat abated. The " sober second thought " and the sense
of justice, had acquired their proper influence over the public
mind. Men's minds had become somewhat informed on this
subject; and they rallied to succor and sustain me in my efforts to obtain justice from my country, irrespective of party
names and party feelings. Petitions were signed by thousands




11
of my fellow-citizens; memorials and resolutions were unanimously adopted by the legislature of the State; our senators
and representatives in Congress, by petition and otherwise,
united in the same object, and that object was, to repair injury
and award justice.
An act to provide for the settlement of my accounts with
the proper accounting officer of the treasury, was passed by
Congress, and approved March 3d, 184T. Under this act, after
the most full and laborious investigation, by the proper officers
of the government, a partial settlement was had; and it was
found that a balance was due me at the time of the rendition
of the judgment of $515 40. Upon this settlement, my lands
and property were re-deeded to me, and satisfaction was entered on the judgment. The department, however, did not
consider the law under which they acted in the settlement, as
authorizing them to make me any compensation for the waste
and injury done to my property, while unjustly withheld from
my use by the government, or for the rents and profits, while
they were so held, nor for the cost of the said suits against me,
which I had been compelled to pay; nor did they think their
authority extended so far as to allow me a commission of one
per cent. on sales of land, when these amounted to over
$250,000 per annum, the amount fixed as a regulating maximum.
I have thus given a brief and summary statement and history of my acts and conduct, especially as connected with the
office of Receiver of the public moneys at Fort Wayne. For
the truth of these statements I call your attention particularly
to the proofs and vouchers which will be found hereunto appended.
In reviewing this case, the conviction must be irresistible
to every intelligent and candid mind, that I have suffered
great injustice at the hands of the government; that, as the
result of this, I was stripped for a time of both property and
reputation; and that in these respects I am still, and shall perhaps ever continue to be, a sufferer.
I brought to the service of the country, in the office of the
Receiver of the public moneys, a reputation untainted even by




12
the breath of suspicion, and I possessed a moderate fortune,
and enjoyed the prospect of success in life. When I left that
service I was stripped by the act of the government, in refusing
to settle my accounts, of both fortune and an honest fame.
The state of the country, at the time I assumed the duties
of the office of Receiver, has been described. The difficulties,
labors, and expenses, connected with the performance of those
duties, have been also alluded to. The vast responsibility involved in the receipt and guardianship of the enormous sums
of money received at the office within incredibly short periods
time, constituted a large item of the care, anxiety, and risk of
the officer. To meet the demands of the hundreds and thousands of clamorous applicants for the purchase of lands required
an amount of labor, which allowed no rest by day and often by
night, for months together, to all those who were employed in
the office. But these difficulties and responsibilities were met
with cheerfulness. These labors and responsibilities were performed with alacrity; arising from an earnest desire to discharge with fidelity my duty to the government, and to meet,
at the same time, the numerous and earnest demands upon the
office, from applicants for the purchase of the public lands.
Is it strange, that in a business so vast and complicated, and
carried on under circumstances of so much pressure and embarrassment, that some errors and omissions, in the accounts of
the office, should occur? These errors and omissions causing a
deficit against me, in my accounts rendered to the proper department of the government for final settlement, gave rise
to the charge of defalcation. And notwithstanding I was prepared, and made effort, to supply these omissions and correct
these errors, the department turned a deaf ear to my demands
for justice; I was treated as a defaulter, prosecution was commenced against me, and all the train of dreadful consequences
followed, which I have already detailed.
But what was the consequence when the public mind had
become enlightened on the subject of the injustice of the government in their treatment of my claims for a fair and equitable settlement of accounts between us? The people demanded
such a settlement. The Congress of the United States ordered




13
it. The proper department of the government made it. And
the result was, as I have already stated: my character was vindicated, my property was restored, and partial justice was
done me.
But no pecuniary consideration could compensate for those
long years, when, with a bowed head and a crushed spirit, I
was sent out to wander among men, with the burning mark of
Cain upon my brow, branded there by the hand of the government I had served so well; for the destitution and desolation
of family, whose all of the means of support had gone into the
public treasury; of the desertion and alienation of former
friends, whose sympathy and fellowship was denied to one
whom the government had stigmatized as a moral felon. No!
the tardy and partial justice which the government has rendered can never recompense for these.
I ask, however, of him who for the future would slander
my good name, to examine carefully the facts and proofs of
this case, which I have herewith furnished. And if he has one
particle of the fairness of an honest man, he will forever hold
his peace, or else say of me, in my character of a public officer,
well done good and faithful servant. And if he says I have
been unjustly treated by the government I had served so faithfully, he will but express the language of thousands of others
who know the facts.
I shall ask the government to render to me that full justice
which my claims demand. I shall prosecute this further claim,
because I still have confidence in the justice of my country. I
doubt not, that when this claim shall be fairly presented to the
proper authorities of the government, they will fail for a moment to perceive that common justice and common honesty
entitle me, to one per cent. commission on all sums of money
received by me on sales of public lands, over and above
$250,000 per annum; to the costs of suit brought against me
by the United States; and to the amount of the waste and injury to my property, and the rents and profits of the same
while unjustly held by the government; more especially as the
effect of this oppressive and ruinous litigation and protracted
delay of settlement on the part of the government, was to in



14
volve me largely in pecuniary difficulty and embarrassment,
and to cause debts that have and will exhaust a large portion
of what the government returned to me, stripping me of that
competency which I had provided for the declining years of
my life.
To decline the settlement and allowance of what I now ask,
would be a virtual denial of the justice of my former allowed
claim; it would be a repudiation of the acts of a former Congress, and of the department of the government which acted
under their authority. It is expected that the government of
this country will recognize and act upon the same principles of
law and equity in treating with its agents and servants, as obtain among individuals or between man and man under our
laws and institutions; —it is expected that she will do right, by
allowing any claim upon her that is just, thus vindicating her
own character, while she maintains and acknowledges the
rights of individuals.
I will conclude by again asking your attention to the appended papers and documents; they constitute the true history
of the case, and furnish the data on which a correct judgment
may be formed. Tried by this ordeal, I entertain no fears, that
I shall suffer in the honest judgment that shall be passed upon
my conduct as a public officer and agent of the government.
Very respectfully,
JOHN SPENCER.
Fort Wayne, Ind., Say 8th, 1852.




APPENDIX.
PETITION
Signed by over Four Thousand Citizens of the State of Indiana.
To the Honorable the Senate and House of Representatives of the
Congress of the United States, assembled:
YOUR petitioners, whose names are hereunto subscribed, without
regard to political parties, are induced to believe, and do believe, that
the defalcation of Col. JOHN SPENCER, late Receiver of Public
Moneys in the Land Office of the United States at Fort Wayne, in the
State of Indiana, was not occasioned by any want of integrity on his
part, but produced by the unprecedented extent of the sales of the
Public Lands at said Office —without commensurate aid from the government-in connection with the place, and circumstances under which
the same were made and the moneys arising therefrom were deposited.
And we believe that the extension of said sales was made by him purely, for the accommodation of thousands of strangers, who were then
waiting at great expense to purchase the Public Lands, and to advance the interest of the government.
If his conduct in said office had been based on principles of convenience or cupidity, he would have hired no clerks; would have
opened his office at regular business hours; would have had leisure
every night to compare his money with the register of receipts; and
might have sold during the year $250,000 worth of land. Then he
would have discharged his duty, and been entitled to his maximum
salary. Nay! If his conduct had been animated by any other motive




16
than that of faithfully serving his country, he would not have hired four
clerks on his own responsibility; he would not have kept his office
open at all hours; and he would not have sold in eight months, One
Million Six Hundred and Twenty Thousand Dollars' worth of land,
which was the salaried business of six years and six months.
Better would it have been for him, had he hired no help, stayed the
importunities of the people-curtailed the sales; then he would have
abridged his labors and vast responsibilities, and " staved off" the sales
of the public land for the future benefit of the office; saved his private
estate; and, above all, shielded his crushed spirit from a torrent of the
most unmerited calumny.
When we consider the unprecedented extent of said sales, the unequal advantages under which they were made, the wild and unreclaimed character of the country over which he had to take the money
for deposit, the distance between the points where the money was received and where it was deposited, the physical impossibilities of making the deposits, at times, in consequence of high water and bad
roads, the consequent accumulation of said money, without his having
the adequate means of protecting it, the risks of the roads and the
waters-of receiving such vast sums of money-of confidence reposed
-of robbery, and of life,-we are constrained to believe in good faith
and considerate judgment that it is due to the justice and honor of our
common country that she should allow him one per cent. on all the
money he received and deposited to the credit of the Treasurer of the
United States, for these risks, through which all the earnings of an
economical and industrious life have been wrecked, and a fair fame unjustly assailed.
And the government should, as an act of unmingled justice to herself and him, allow him a fair compensation for clerk-hire during the
period of the pressure of said sales, as the benefit of said labor inured
to the government.
Col. SPENCER has resided upwards of forty-six years in said State,
and has sustained, uninterruptedly through that long period, a most
excellent character, except as to said defalcation. But the judgment
of the people living on the theater of the transaction, on a calm and
dispassionate review of the circumstances of the alleged default, believe now that the same was not produced by any want of moral principle on his part; for the integrity of his character, and present state
of destitution in point of property, repel the idea of criminality. He
has yielded up his estate, to protect his securities, to pay the govern



17
ment, and to defend his own honor and fame firom  cruel and unjust
aspersion.
We pray, therefore, that said relief may be granted, and will, &c.
Memorial of the lkembers of the Senate and House of Representatives
of the State of Indianra,
To the Honorable the Members of the Senate and House of Representatives in the Congress of the United States assembled.
We, the members of both branches of the Legislature of the State
of Indiana, without regard to party distinctions, would most respectfully
represent: That we believe that the basis of the settlement adopted by
the First Comptroller, between the United States and John Spencer, late
Receiver in the Land Office of the United States at Fort Wayne, Ind.,
is correct in principle and due to justice, and that the settlement made
by the Treasury Department with said Spencer, on the said basis, in
the winter of 1844-5, was worthy of the Government, because correct
in principle and demanded by justice.
The country now cheerfully admits that said Spencer has been
much injured in this business with the Government in said office, but
that the injury was not attributable to any disposition on the part of
the Government to wrong him, as it mainly originated from the extension of the sales of the public lands to an unprecedented degree-having sold in eight months to the vast amount of one million six hundred
thousand dollars-in connection with the remote points of deposit, and
the wild, unreclaimed country over which said deposits were carried,
without commensurate aid firom the Government.
We would therefore earnestly request you, as a matter of justice,
too long delayed, to have an appropriation made at some early period
of your present session, to enable the Government to carry said settlement into effect.
Abraham Cuppy.       C. Parker.            Geo' W. Julian.
D. B. Herriman.      Geo. Cornelius.       Milton Stapp.
M. J. Howe'l.        Clark Powers.        John Chambers.
Joseph Lane.         C. T. Jackson.        Thomas Dowling.
Abner T. Ellis.      Robt. Logan.          William Stewart.
H. J. Bowers.        Jonathan S. Haway.    Saml. Hall.
Richard Winchell.    A. McDonald.          James HIinchman.
2




IS
William Rockhill.     W. M. Rayburn.        Y. E. P. Wilson.
Geo. P. Buell.        Saml. T. Clymer.      John Tomlinson.
Andrew Jackson.       Wm. Shanks.           Conrad Baker.
E. G. English.        Samuel Coffin.        Isham Fuller.
E. C. Handy.         Robt. B. Turner.       Thomas H. Wilson.
William Berry.        E. Arnold.            W. A. Porter.
Isaac F. Wood.        S. P. Mooney.         Daniel A. McRea.
John S. Davis.        James B. Brumfield.    Grafton F. Cookerly.
P. M. Parks.          A. B. Conduitt.       A. L. Osborn.
James Morgan.         Danl. Webb.           Joel Vanderveer.
Elijah Chapman.       R. Ford.              H. G. Hazlerigg.
David Henry.          W. Blakewell.         Samuel Davis.
Frederick Moore.      J. B. Lowe.           Benjamin Heuton.
J. G. Reed.           Allen Hill.           Thomas Wise.
C. V. Jones.          Colbreth Hall.        John D. Furgiuson.
J. W. Chapman.        Wm. Lanius.           Wilson Seewright.
T. J. Todd.           S. S. Mickle.         R. D. Slater.
Saml. A. Verbike.     R. N. Carnan.         Cyrus Taber.
Hueston Miller.       G. W. Lewing.         A. F. Smith.
Isaac Chenowith.      John Edwards.         W. R. Norfinder.
Geo. Berry.           Dennis Pennington.    W. J. Robinson.
W. G. Coffin.         James C. Endicut.     Henry P. Tedford.
A. Major.             Joseph Morrow.        John Bowman.
H. H. Barbom.         G. W. Carr.           James Kerr.
James Leviston.       W. T. Dole.           James M. Sleeth.
Franklin Hardin.      R. A. Clements.       R. A. Riley.
John Zenor.           Wm. Watt.             E. D. Crookshaink.
R. W. Akin.           P. P. Kimberlin.      Thos. Stanfield.
E. D. Logan.          Wm. L. Leyman.        Markle S. Cameron.
Godlove S. Orth.      Saml. McCormick.      Miner Meeker.
Letterfrom the Indiana Delegation in Congress, to Hon. R. J. Walker.
To the Hon. R. J. WALKER,
Sec'y of the Treasury.
SIR:-The undersigned, Senators and Members of Congress from
the State of Indiana, have examined the statement of Col. Spencer's
accounts with the United States, and declare unqualifiedly that we
cannot see why every item he now claims should not be allowed, and
even much more; for instance, we think while Mr. Spencer was praying the department in vain for a settlement of his accounts during the




19
pendency of the suit against him, it is now unreasonable to charge him
with costs in a suit where he proves not to have been the debtor; we
think, too, that it should be borne in mind, and have much influence in
procuring a liberal settlement, that over two millions pf dollars have
been sold for, collected, and paid into the treasury, for which he received no percentage. We are aware that Col. Spencer did not protect himself with such evidence and vouchers as he should have done,
in the progress of his immense and hazardous transactions; but they
are at length found, and will fully vindicate his character before the public as an honest man. We are further aware that all we can say in support of his claims will be but a repetition of the expressed opinions of
thousands of Col. Spencer's neighbors, and of almost the whole of the
members of the Legislature of our State, to which we here refer and
cheerfully indorse, earnestly presenting his case to your favorable consideration, and remain respectfully,
Your obedient servants,
Thos. J. Henley,        John Pettit,
A. Kennedy,             J. D. Bright,
W. W. Wick,             E. A. Hannegan,
C. W. Cathcart,         Jno. W. Davis.
From the representations made to me, I am induced to believe the
statement is correct,
Robt. D. Owen.
As above, T. Smith.
Washington, Mlay 2d, 1846.
The following Preamble and Resolutions were adopted unanimously,
A Joint Resolution of the General Assembly of the State of Indiana,
in relation to Colonel John Spencer's settlement with the United
States, as late Receiver in the Land Office of the United States at
Fort Wayne.
[APPROVED JANUARY 17, 1846.]
Whereas, It has been represented to this General Assembly, that
John Spencer, late receiver of public moneys in the land office of the
United States at Fort Wayne, in the State of Indiana, left said office
at the expiration of his commission, on the thirtieth day of December,
1839; that in the midst of the opposing political elements, in connection with the rash and merciless fury of the times, the claims of justice




20
that said Spencer had on his country were not heard, and he was most
unjustly prosecuted, condemned, and sacrificed without a hearing. He
was prosecuted by the government without delay and without a settlement, and the judgment was collected without mercy or indulgence,
until all his estate and effects, (which were the earnings of many years,)
were seized on execution and sold at under-values, until he was lit.
erally stripped of all he had, to pay said judgment.  But when the
political storm abated, and all was again calm, he again appealed to
his country for that justice which had been so long and so cruelly denied,-when on a review of said alleged default it appears that the
government collected from said Spencer thousands of dollars more than
he owed it. That on said Spencer's settlement with her in the winter
of 1844-5, she could not consummate said settlement with him, for the
want of funds; but an elaborate and long advised settlement took place
between her and him, by the advice of the cabinet, and upon a vast
accumulation of testimony; but that the same could not be closed for
the want of funds: For remedy whereof,
Resolved, That our Senators in Congress be instructed, and our
representatives requested, to use their exertions to procure an appropriation from Congress, to pay the amount found due said Spencer, on
his settlement with the government, at as early a period of the present
session of Congress as convenient.
Resolved, That his excellency the Governor be, and is hereby requested to forward, forthwith, to each of our senators and representatives in Congress, a copy of the foregoing preamble and resolutions.
Which resolutions to be in force from and after their passage.




"21
Report of the Committee on Public Lands.
JOHN SPENCER.
[To accompany bill H. R. No. 496.]
JULY 13, 1846.
Mr. THOMAS SMITH, from the Committee on Public Lands, made the
following
REPORT:
The Committee on Public Lands, to whom was referred the petition of
John Spencer, late Receiver of public moneys at Fort Wayne, in
Indiana, report:
That they have examined the papers and documents in the case of
the petitioner, as well as the full and satisfactory report of James W.
McCulloh, Esq., Comptroller, to Hon. R. J. Walker, Secretary of the
Treasury, which is believed to exhibit the principal facts and history of
the claim, and which is adopted as a part of this report, as follows:
TREASURY DEPARTMENT,
ComptroZler's OfJice, June 27, 1846.
SiR: In compliance with the call made on the 14th ultimo, by the
Committee of the House of Representatives on Public Lands, which
you referred to this office for information, and copies of sundry papers,
affidavits, letters, and other evidence, in the case of John Spencer, formerly receiver of public moneys at Fort Wayne, Indiana, who has petitioned Congress for relief, I have the honor to transmit said copies,
herewith, numbered from 1 to 61, and to report that said Spencer was
receiver aforesaid from the 30th day of December, 1831, to the 30th
day of December, 1839, when the term of his last commission expired;
and the balance due from him to the United States was stated to be,
by an account which he rendered (a condensed copy whereof accompanies this being paper numbered 1),      -       - $28,287 49
Whilst in report No. 4,310 of the General Land Office,
made by Commissioner Whitcomb (being paper
numbered 2), the balance was stated at    -    -  33,339 68
Showing a difference of                                 5,052 19




22
Which is explained by an accompanying statement, (being paper numbered 3.)
Upon a transcript of said report, No. 4,310, suit was instituted
against Mr. Spencer and his securities, to recover the balance therein
mentioned to be due from him to the United States. But the sum of
$9,433 45, that was on deposit to his credit in the Bank of Dayton,
Ohio, having been attached for the United States and received by Marshal Patterson, and a part thereof ($8,413 24) paid over to the treasury, and covered by warrant to the credit of said Spencer, a further
report was made by said Commissioner, (numbered 4,676,) and the
balance due from said Spencer accordingly reduced to $24,830 48.
(See paper numbered 4.)
Before the aforesaid suit was instituted, Mr. Spencer had submitted
some vouchers for reasonable expenses that he had necessarily incurred
and paid for the transportation of money from his office to deposit
banks, for which credits were withheld to await the production of additional evidence.  (See aforesaid paper 3.)
Afterwards, Hugh McCulloch, one of his sureties, requested Solicitor Birchard to cause all the lands and property of said Spencer to
be seized and sold for their relief and the account of the United States,
under distress warrants (see paper numbered 5); which request was
refused, because Mr. Spencer had claimed the aforesaid and other
credits, which, if equitable, should be allowed under the statute to set
off in a suit at law upon his bond. (See paper numbered 6.)
Whilst that suit was pending, Mr. Spencer besought Secretary Ewing, but in vain, (see papers numbered 7 and 8,) to cause credits to be
allowed to him for sundry contingent expenses, including the reasonable hire of extra clerks, whom he had necessarily to employ to help
him to receive, account for, and pay over, the money received for the
public lands that were sold at his office to the very extraordinary
amount of$503,200 in the.year 1835
1,620,600    do     1836
616,700    do     1837
Together, $2,740,500  (See paper numbered 9.)
But as he had not submitted to the accounting officers of this department proper evidence of his right to such credits, these, consequently, had not been given, nor his applications for them so disallowed
by said officers as to entitle him at the trial of said suit to produce evi



23
dence to prove his equitable right to set off such claims against the demand then made for $24,830 48, principal, that appeared from duly
certified transcripts of the aforesaid reports, Nos. 4,310 and 4,676, to
be due to the United States. (See papers 2 and 4.)
The judgment thus obtained against him and sureties, by the United States, was for $28,233 95, being the balance mentioned in the
aforesaid report, No.4,676, and interest thereon, computed firom the 31st
December, 1839, to the 23d day of November, 1841, per Land Office
report No. 6,039, made by Commissioner Blake, with $136 83 for
plaintiff's costs. (See papers numbered 4, 10, and 11.) Mr. Spencer
being commendably desirous to pay whatsoever might be lawfully demanded from him by the United States, and sincerely anxious to protect and release his sureties, not only forbore, under these fearful and
impending disadvantages, to throw any obstacles in the way of said
trial, but gave to his sureties a mortgage on his lands; and, soon afterwards, consented to a decree fobr an immediate sale thereof for their
relief. (See paper 12.)
Applications were then made to the Solicitor of the Treasury by
some of said sureties, who averred that said judgment could not be
collected if the aforesaid lands were sacrificed; whereupon the United
States District Attorney was directed to ascertain and report their
value; and, afterwards, for the purpose of collecting said judgment, to
appoint an agent who should buy such lands at prices not exceeding
two-thirds of the value at which they might be appraised.
To satisfy said judgment, those lands were sold by R. Hanna, United States Marshal fbr the district of Indiana-a part of them to individuals, for the sum of $2,691 93, that was duly accounted for at this
department, and the remainder for the sum of $21,654 86, to an agent
for the United States, duly appointed for that purpose. (See paper
11.) But, as the Solicitor believed, when, at the request of said sureties, he appointed this agent to buy said lands at two-thirds of their
appraised value, that said appraisement referred to an unincumbered
fee simple estate, he insisted, when subsequently informed that the
State of Indiana held a lien thereon for $3,472 02, part of the price
fbr which she had sold them, that the sum of said lien should be charged
to said Spencer, or be deducted from the proceeds of the sales made
thereof by the said marshal.
And, as a balance of said judgment, amounting to $9,997 74, would
be left unsatisfied after credit should be given for the proceeds of the
aforesaid sales, Mr. Spencer came to this department, in the month oc




24
April, 1844, with one of his sureties, Mr. L. G. Thompson, and besought credit for disbursements, which Mr. Spencer, as receiver aforesaid, had made, as he there stated, to an amount exceeding $6,000,
for transporting and guarding the public money from his office to the
banks of deposit designated by the Secretary of the Treasury; and to
an amount exceeding $5,000 for the reasonable hire of extra clerks,
whom he had necessarily employed to assist him, in the years 1835,
1836, and 1837, as above mentioned; and for the sum of $1,020 21,
being part of his deposit in the Bank of Dayton, Ohio, that had been
attached for the United States and received by Marshal Patterson, for
which credit had not been allowed; also for an amount exceeding
$729, being the aggregate of sundry disbursements that had been duly
made, and for which proper vouchers were then produced.
About these claims, I conferred with Commissioner Blake, of the
General Land Office, and Solicitor Penrose, of this department, and
then informed Mr. Spencer and his aforesaid surety that if evidence
were produced which satisfactorily proved his aforesaid disbursements
for guarding and transporting public money, and for the hire of extra
clerks, another and final report should be made on the account of said
Spencer; in which, after giving him credit for the remainder of the
bank deposit that had been attached for the United States and received
by Marshal Patterson, and for the aggregate amount of the aforesaid
miscellaneous disbursements, further credits would be given to him
for so much of his aforesaid payments for guarding and transporting
public money, and for the hire of extra clerks, as would balance his
account, and justify said Solicitor in giving instructions to the United
States District Attorney to cause full satisfaction to be entered on the
aforesaid judgment.
These assurances having been received, they departed for Indiana,
to procure such evidence to justify the accounting officers in giving
credits for the two items last mentioned.
In the month of January, 1845, when Mr. Spencer was detained at
home by sickness in his family, Mr. Thompson, his aforesaid surety,
brought to this department evidence which had been prepared to show,
and did satisfactorily prove, that Mr. Spencer had properly disbursed1st. For guarding and transporting the public money as
aforesaid, (see paper No. 13)   -      -      -   $6,136 00
2d. For the reasonable hire of extra clerks necessarily
employed as aforesaid, (see paper No. 14)    -      4,940 00
Together                                     $11,976 00




25
So that if he were charged,
1st. With the sum of the judgment recovered in the
aforesaid suit    -      -      -              -  $28,233 95
2d. With interest thereon         -                   3,192 83
3d. With the sum of the aforesaid lien of the State of
Indiana on his aforesaid lands  -              -    3,472 02
4th. With the plaintiff's cost of suit  -  -     -      136 83
5th. With the sum of taxes in arrears which had to be
paid thereon      -             -       -      -      413 54
6th. With the sum of expenses incident to the aforesaid
sales of his lands   -                                801 93
Or, together, with                -                 $36,252 09
And credits were then given to him,
1st. For the proceeds of the sales of his lands  -  $24,344 93
2d. For the aforesaid balance of his bank deposit which
Marshal Patterson had attached and received for the
United States     -      -      -       -      -    1,020 21
3d. For interest thereon   -       -      -      -      111 94
4th. For his aforesaid miscellaneous small disbursements  729 82
5th. For interest thereon   -      -      -      -       47 45
6th. For so much of $11,076, the aforesaid sum of his
disbursements for guarding and transporting public
money, and the hire of extra clerks, as would balance his account, to wit    -   -      -       -    9,997 74
Being together         -       -      -          -  $36,':52 09
The judgment aforesaid would be fully satisfied, entry might be made
thereon accordingly, and his account balanced on the books of the
treasury.
Upon due consideration of the evidence which Mr. Thompson had
produced, he was informed that I would submit to Secretary Bibb the
propriety of authorizing the allowance of credits for so much of the
disbursements which Mr. Spencer had made for guarding and transporting the public money, and for the reasonable hire of extra clerks,
whom he necessarily employed and compensated, as would discharge
the aforesaid balance of that judgment.




26
But, as the said evidence proved that Mr. Spencer's disbursements
for guarding and transporting the public money, and for the hire of
extra clerks, added to his valid claims for other equitable allowances,
would, as Mr. Thompson thought, entitle Mr. Spencer to credits amounting, with the interest thereon, to $19,400 04, (see paper numbered -)
he insisted that these allowances should be made; that the lien of the
State of Indiana on the lands of Mr. Spencer should not be charged to
him; that his lands which were bought by the aforesaid agent for the
United States should be retained by them; that credit should be given
for their proceeds in account with Mr. Spencer, and the balance that
would then appear to be due from the United States should be paid
to him out of the treasury, or by an order on one of the receivers of
public money.
The willingness of the proper officer of the treasury to settle the
accounts of Mr. Spencer justly according to law was stated to Mr.
Thompson; and he was informed that if credits were claimed for the
proceeds of the sales of Mr. Spencer's lands, allowances could not be
given for disbursements made by him to guard and transport the public
money and to compensate extra clerks, beyond the amount that would
balance his account on the books of the treasury; and that if allowances to any greater amount for such disbursements should be insisted
upon, those officers would fbel themselves constrained to require Mr.
Spencer and sureties, before these allowances were made, not only to
agree that they would accept a release of such of said lands as had
been purchased for the United States by the aforesaid agent in part
satisfaction of the aforesaid judgment, in lieu of a credit on his account
for their price, but likewise simultaneously to pay, or satisfactorily to
secure the payment of whatsoever balance might then be so found due
from him to the United States.
I refbered Mr. Thompson to the provisions of the acts of Congress
approved May 26, 1824, and May 29, 1830, which authorized the Solicitor of the Treasury to purchase lands and tenements only in satisfaction of judgments obtained by the United States, and repeatedly told
him that as authority had not been given to any other officer of this
government to buy any lands that belonged to any debtor of the United States, nor to the Solicitor authority to pay for any lands which he
might buy, otherwise than by causing credit for their price to be given
in the proper account, or entered in satisfaction of a judgment, no other
course of settlement could be sanctioned by the accounting officers,
than either to give to Mr. Spencer credits, first, for the price which




had been bid for such of his lands as had been purchased for the United States, less the sum of the lien held thereon by the State of Indiana; next, for his payments and the sum of his miscellaneous disbursements; and, finally, for as much of his disbursements for guarding and
transporting the public money, and for compensating extra clerks, as
would balance his accounts; or to give him credit for the whole of
said disbursements, to release his lands that had been purchased for the
United States, and, withholding credit for their price, to require him
or his sureties simultaneously to pay, or secure satisfactorily the payment of whatsoever balance might thus be found due from him to the
United States.
But these explanations and modes of settlement were offered in
vain to Mr. Thompson. He persisted in demanding that credits should
be given for the money collected from Mr. Spencer, for his miscellaneous disbursements, for the whole of the disbursements made by him
to guard and transport the public money, and to compensate extra
clerks; also, for the sum of the prices bid for such of his lands as were
purchased by the United States; and that the balance which would
then appear to be due from the United States to Mr. Spencer should
be paid out of any money in the treasury, or by an order on one of
the receivers, and to himself as the agent of said Spencer.
In the hope that these demands might be allowed by another officer,
he besought Secretary Bibb (see papers numbered 13, 14, 15, 16, and
17) to refer the case to some one who could act upon it without the
delay which, from the nature and pressure of my duties, he disingenuously remarked, could not be otherwise avoided. That appeal led to
a conference between Secretary Bibb and myself, in which I explained
that a final account with Mr. Spencer might be forthwith stated, in
either of the modes that I had proposed to Mr. Thompson; and that it
would have been stated some days ago (see papers herewith, numbered
18, 19, 20, and 21) in the mode which contemplated the retention of
Mr. Spencer's lands that were bought for the United States, if Mr.
Thompson had not objected to it being done.
Each of the modes in which I had proposed to settle Mr. Spencer's
account having been approved by Secretary Bibb, I requested the
Commissioner of the General Land Office to made a further report on
that account, conformably to the mode first above mentioned, as it
could be executed without the co-operation of Mr. Spencer, or any of
his sureties. (See paper numbered 22.)
A report, No. 6,039, having been accordingly made by Commis



28
sioner Blake, it was duly certified from this office; and the account of
Mr. Spencer being thereby balanced on the books of this department, the
Solicitor of the Treasury was informed thereof, and the United States
District Attorney by him instructed to cause the judgment that had
been obtained for the United States upon the official bond of said Spencer, to be entered satisfied. (See papers numbered 23, 24, and 25.)
Afterwards, in the month of January last, when Mr. Spencer applied at this office for a re-adjustment of his account, the two modes of
settlement were explained to him which had been proposed to and
rejected by Mr. ThQmpson. And Mr. Spencer having thereupon not
only expressed his regret that a settlement had not been made according to the mode so proposed, that would have given him credit for all
moneys that had been collected from him, and for the whole of the
disbursements that he had lawfully and reasonably made, and would
have released to him such of his lands as had been purchased by the
United States, upon his paying, or satisfactorily securing the payment
of whatsoever balance might have been so found due from him to the
United States, but also declared his ability to fulfil any obligation which
such an adjustment could devolve on him,-I assured him that I would
as willingly concur with Commissioner Shields in settling his account
in that mode as I would have done in the month of February, 1845,
with Commissioner Blake, under the approbation of Secretary Bibb,
had Mr. Thompson agreed to its terms; and I then proceeded with
Mr. Spencer to the General Land Office, to explain his wish and the
aforesaid terms to Commissioner Shields, who unhesitatingly approved
them, and which were as follows:
That Spencer should be charged with1st. The balance stated to be due from him, per Commissioner's
report No. 4,310,
2d. The costs of suit on his bond,
3d. The arrears of taxes paid on his lands,
4th. The expenses of the sales of his lands;
And that he should be credited with1st. The sum of his bank deposit, attached for the United States
and received by Marshal Patterson,
2d. The sums paid by him for guarding and transporting the
public money,
3d. The sums paid by him for the hire of extra clerks,
4th. The commissions to which he is entitled,
5th. The price of such lands as were sold to individuals.




29
Finally. That upon his paying whatsoever balance, if any, might
thus be found due from him to the United States, such of his lands as
had been purchased for them should be released to him.
But before a report could be prepared, accordingly, in the General
Land Office, I referred to Commissioner Shields an application, which
had been made previous to the 3d March, 1845, on the part of Thomas
C. Shelden, formerly receiver of public money at Kalamazoo, in the
State of Michigan, for the allowance of disbursements, amounting to
$4,931, which'he had made for the reasonable hire of extra clerks
whom he had necessarily employed to assist him in selling and accounting for public lands to the very extraordinary amount of $3,475,000
in the years 1835, 1836, and 1837; which led said Commissioner, in
the course of his proper action, to advise you to allow the chief part
thereof, ($4,156,) and to withhold the remainder for want of satisfactory
proof. This case, being the first of its class that had come before you,
brought your right to authorize such allowances under your consideration; and, doubts about their lawfulness having arisen in your mind,
you referred the statement, which the Commissioner had made to you
about said claim, to the Attorney General for his opinion on that
point. (See paper numbered 26.)
In compliance with a request made by Attorney General Mason, I
then stated to him by letter, dated March 9, 1846, the views of' this
department, gathered firom its acts, with respect to such allowances,
(see paper numbered 27); and he having informed you, on the 13th
day of said month, that, just and proper as it might be for the legislature
to authorize allowances to be made for the reasonable hire of extra
clerks, when necessarily employed to assist receivers of public money,
he, nevertheless, was unable to perceive upon what legal authority
such allowances had been, or could be, made by the Executive. (See
paper numbered 28), you apprized Commissioner Shields, on the
16th day of said month, that, notwithstanding usage appeared to justify
to some extent the allowance of such claims, still you thought, in conformity with the views expressed by the Attorney General, the aforesaid claim of late receiver Shelden could not be allowed. (See paper
numbered 29.) And the Commissioner having announced said decision
to the agent of said Shelden, the evidence, which had been submitted
in support of his claim, was withdrawn by said agent with the intention
of producing it at the trial of a suit that will be, now, necessarily brought
on the bond of said receiver, to recover the sum of $1,772,29, with




30
which he stands charged on the books of the treasury, as he will not
voluntarily pay it.
Under these circumstances, Commissioner Shields could not allow
any additional credit to Mr. Spencer on account of his disbursements
for the hire of clerks. Ile therefore caused a further statement of the
account of Mr. Spencer to be prepared with reference to his other
claims, and transmitted it to this office, (see paper numbered 30,)
being report 6,436 of his regular series, instead of a pro forma statement, that might be the prelude to a final settlement, such as was
proposed by me and agreed to by Mr. Spencer, but necessarily modified in conformity with the opinion of Attorney General Mason, and
your decision against further allowances for extra clerk-hire. I, consequently, did not certify this report of Commissioner Shields, and
have caused two pro forma statements of the accounts of said Spencer
to be prepared in this office; one in the mode that was proposed, but
has been modified as aforesaid, and the other without such modification.  The former shows that, upon the payment of $6,514 99 being
made to the United States by said Spencer, such of his lands as were
purchased for their account should be released to him; and the latter
shows that, if Congress shall authorize the Secretary of the Treasury
to cause the accounts of said Spencer to be settled upon equitable
principles, or, in other words, to make him further allowances for
the reasonable hire, which he has paid to the amount of $4,942 to extra
clerks, whom he necessarily employed, that his lands last aforesaid
should be freely released, and the sum of $1,855 23 should be paid to
him, as soon as he shall have satisfactorily proved that the bank notes
which were received by him for public lands, and deposited in the
branch of the Bank of Indiana at Indianapolis, instead of the branch of
the said bank at Richmond, in compliance with directions given by the
Secretary of the Treasury, were such notes as were receivable at par
by the latter branch, according to a list by which his previous proceedings were governed. (See papers numbered 31 and 32.)
These pro forma statements of the mode in which the accounts of
late receiver Spencer might have been, and still may be adjusted, now,
conclusively show, that although he acknowledged, in and by the account current which he rendered up to the 31st December, 1839, that
the balance due from him was $28,287 49, and whilst the Treasury
adjustment that was made with reference to his affairs embraced
in said account, (see paper numbered 2, being Commissioner




31
Whitcomb's report No. 4310) states the balance then due from said
Spencer at                                        - $33,339 68
And which would be augmented; by the sum received
from C. H. Lewis and S. H. Gould, for public lands,
and not credited by him                               409 20
He nevertheless had, in good faith, with laudable care for
the safety of the public money, and commendable zeal
for the dispatch of the public business, made disbursements at reasonable rates for services rendered for
those purposes by others whom he necessarily employed,
amounting to upwards of -             - 24,071 43
Which he was equitably entitled to set off
against the balance last mentioned.
Further, that as there has been collected from
him, by attaching money that was on deposit
to his credit in the bank at Dayton, Ohio,
the sum of      -       -      -      - 9,433 45
And, by the sales made of part of his lands, per
the U. S. marshal, to individuals, the net
sum of   -       -      -      -      - 1,339 63
And as he should be allowed for commissions
short credited    -    -       -      -   759 60
There would be owing, and should be paid to
him, after having freely released such of his
lands as were bought for the United States,
the balance or-sum of                    -      -  1,855 23
$35,604 11  35,604 11
If the allowance demanded by Mr. Spencer for the extra clerk hire
aforesaid were claimed as compensation for himself, or even for the
pay of such clerk or clerks as would ordinarily be required to assist a
receiver to sell and account for public lands, to the extent, in any year
of only $250,000, which secures his maximum compensation, I would
unhesitatingly concur with Attorney General Mason in the opinion that
it should not be given; but as he demands simply that credit should
be given for money reasonably paid by him, for the extraordinary services of others, for the benefit of the public, with increased labor and
risk to himself, and without the hope or possibility of any increase of
his compensation, I regret that the distinction between credits claimed




32
merely to indemnify a receiver for these disbursements, and such as
would increase his own compensation, upon which distinction alone
the acts of Secretaries Crawford, Rush, and Bibb, that allowed credits
of the former class, were obviously based, has not been recognized by
Attorney General Mason, since it is on all hands admitted that such
indemnifying allowances would be just; and, reasoning from the past,
it is perceived that similar remedial provisions should be made by the
legislature.
In conclusion, I cannot forbear to say, most respectfully, that I believe MrI. Spencerjustly deserves the relief which he seeks.
I have the honor to be, your obedient servant,
JAMENS W. McCULLOH, Comptroller.
Hon. R. J. WALKER,
Secretary of the Treasury.
The amount of business transacted by the petitioner, and the extraordinary hazards to which he was exposed, seem scarcely to have had
a parallel; and yet it appears that a suit was brought against him
without a settlement of his accounts, ruinous expenses were incurred,
his lands were brought to public sale, and chiefly bought by the United
States, in whose possession they have ever since remained, while by a
just settlement of his accounts the petitioner appears to have been the
creditor and not the debtor of the government.
Among the papers are a joint resolution of the legislature of the
State of Indiana; a petition signed by most of the senators and members of that body, and another signed by more than four thousand of
the citizens of that State; all in favor of granting the relief which the
petitioner asks for.
In view of the evidence submitted, independent of these importunities, this committee feel constrained to adopt the same conclusions as
the Comptroller of the Treasury —" that Mr. Spencerjustly deserves
the relief which he seeks."  The committee accordingly report the accompanying bill.
From the Fort Wayne Times.
Better late than Neer.-We clip the following from the Fort
Wayne Sentinel of last week, and take pleasure in giving it publicity,
as an act of justice as well as respect to Col. Spencer.
The bill providing for a settlement with Col. Spencer, formerly
Receiver at this place, which passed the House some weeks ago, has




33
passed the Senate. On a full and fair settlement, it appears the United States was actually indebted to Col. Spencer, and provision is
made for restoring to him the whole of the real estate levied upon by
the U. S. Marshal, and paying to him $1,855 which the government
owed to him. We rejoice at this favorable turn of affairs, as it not only
restores to our esteemed fellow citizen a large amount of property unjustly taken from him, and places him in comparatively easy circumstances, but also removes all stigma fiom his reputation, and places
him once more before the world as an honest man.
AN ACT
To provide for the final settlement of the accounts of John Spencer,
late Receiver of Public Moneys at Fort Wayne.
Be it enacted by the Senate and Housse of Representatives of the
United States of America in Congress Assembled, That the proper accounting officers of the Treasury be and they are hereby authorized
and required to audit and settle the accounts of John Spencer late Receiver of Public Moneys at Fort Wayne, Indiana, upon principles of
equity and justice; and that whatever sum or sums of money, if any,
be found due said Spencer shall be paid out of any money in the Treasury not otherwise appropriated.
JOHN W. DAVIS,
Speaker of the House of Representatives.
GEORGE M. DALLAS,
Vice President of the United States and
President of the Senate.
Approved March 3d, 1847,
JAMES K. POLK.
Letterfi om James HW. MJIcCulloh, Comptroller of the Treasury.
TREASURY DEPARTMENT, COPTROLLERS OFFICE,ust, 1847.
30th August, 1847.'
SIR:-I have the pleasure to state that credit has been given to
you for the sum of one hundred and five dollars and sixty-nine cents,
which you deposited with the Treasurer of the U. States, on the 23d
instant; and that your accounts with the government, have been thereby, settled on the books of this department.
Under the circumstances of your case, it seems to be due to you
that I should further state, that although in the review just made of
3




34
your accounts, under the Act of Congress, approved 3d March, 1847,
it was found to have been incumbent on you to satisfy a balance that
was apparently owing by you to said government, amounting in 1839
to    -                                               $33,748 88
It was also ascertained, that you had deposited for safe
keeping in bank, for the purpose, afterwards executed, of paying as much of said balance, to the United States, the sum of                                9,433 45
And thus reducing your apparent debt to    -      -    24,315 43
And that you had, in good faith, made, prior to Diecember, 1839, reasonable and necessary disbursements,
for which from the subsequent production of usual
vouchers, and satisfactory evidence, it has been ascerta~ined that you were entitled, upon principles of justice and equity, to credits amounting to  -     -    24,831 03
So that there were, in fact, then due to you from the
United States, a balance amounting to    -      -      515 60
But as the expenses of the judicial proceedings, instituted against you as late Receiver, in the absence of
said vouchers and evidence, to recover the aforesaid
apparent balance of$33,748 88; and the amount of
taxes paid by order of the Solicitor of the Treasury,
on yourids, bought thereunder for the U. States,
exceeded t1e money received, per force of said proceedings, the sum of             -       -      -       621 29
It was found to be necessary, in the above mentioned
final settlement, by which all of your lands bought
for the United States, under said judicial proceedings,
were to befreely released to you, as they have since
been, that you should deposit, as you did, the aforesaid sum of..-                    $105 (;9
In conclusion, I should repeat to you, my sincere regret that whilst
it indisputably appears from the aforesaid settlement, that you have
faithfully paid over the money which you received for the use of the
U. States, you had not always carefully taken, and produced quarter
yearly, the vouchers iequired to entitle you, at this department, to




35
credits for all of your reasonable and necessary disbursements-which
neglect alone had subjected you to reproach, without other foundation,
and to injury, that but for it, you would have avoided.
Very respectfully, your obedient servant,
J. W. McCULLOH, tornpt roller.
JOHlN SPENCER, Esq., Late Receiver of Public Moneys,
Fort Wayne, Indiana,
Now in Washington City.
COMPTROLLERS' OFFICE, 12 Aug., 1848.
I, James W. McCulloh, Comptroller of the Treasury of the United
States, do hereby certify that the aforegoing writing is a true copy,
from the record of letters, issued from this office.
J. W. McCULLOH, Comptroller.
Afidavits of sundry Citizens of Fort Wayne.
State of Indiana, Allen County, ss.-Be it remembered that on this,
the 15th day of August, eighteen hundred and forty-four, personally
appeared before me, the subscriber, a duly commissioned and qualified
notary public in and for county aforesaid, the Hon. Joseph H. AMcMaken, one of the associate Judges of said county, who, after being
by me duly sworn, on his oath says, that he has resided in Fort Wayne,
in said county, for more than eleven years last past. That during the
years of 1835, 1836, and 1837, which embraced the period of the
pressure in the sales of the public lands at said place, he kept at said
place a public tavern; and that such was the continuous rush of the
people from all parts of the whole confederated government to said
place, with the view of entering the public lands, that his house, and
such rooms and apartments as he could procure from his neighbors,
were filled with his guests; and so numerous was the crowd, that he
had to lodge large numbers of his guests on the hay in the stable; and
that the throng was as great with the other taverns in said place, nay,
every private house within the range of six miles round said place, that
would, or could, be induced to keep travelers for money, was filled.
That the country was then new-the accommodations limited-and the
demand being great, made the prices high.  That the vast crowds of
land buyers and speculators seemed to fill the village and cover the
wilderness in this section of the country. They made complaints
about the slow manner in which business was done in the land office,




36
and even went so far as to charge that there was a combination between
the tavern-keepers and the officers of the land office, that they should
be tardy in their business in said office, that the strangers might be detained at said place for the benefit of the tavern-keepers. That it would
have been impossible for the land office, at said place, to have met the
public demands for land during that crisis without much additional
help, through the aid of additional clerks; and that even after the additional clerks were employed, still the crowds complained that there
was not still more help in said office.  That had not said clerks been
hired, the public would not have been satisfied; for without an extension of said business in said office, multitudes of persons from -remote
States would have been compelled to have gone home, disappointed and
prejudiced, because they did not wait at said place for months, at great
expense, for the tardy business of said office, to which the government
did not lend an aid commensurate with public necessity. That the
crisis made a legitimate demand on the government for an extension of
the business in said office; and that the accredited officers in said office,
in extending said business, acted only from patriotic motives, and an
almost uncontrollable necessity. And affiant further says, that it would
be unworthy of the government, and unjust to Col. Spencer, to refuse
a compensation for such clerk hire, rendered on such a demanding
emergency.
Arid affiant further says, that a large proportion of the road over
which the said Spencer had to transport the public moneys, by him received at said office, south for deposit, was through a region that was
in part a wilderness, the country but little settled, and the roads not
improved, whilst the whole country was filled with strangers; and for
the said Spencer to have carried such vast amounts of public money
without a guard over said roads, at such a time, he would have rendered
himself culpable to the merited censure of his country, and of all prudent men, as robberies and larcenies were occurring about those days
in this part of the country; and as to the said guards, affiant believes
that no man who knew and lived in this section of the country, at that
time, would say that said guard was not indispensably necessary to protect said transits south for deposit; and if said guards were necessary,
compensation is the just sequence thereof.
Affiant further says, that he verily believes that said Spencer's deficit to the United States was not the result of a want of integrity on




37
his part, but occasioned by the immense amount of business done by
him in said office, without commensurate aid from his country.
Signed,          JOSEPH H. McMAKEN.
Sworn and subscribed this, the 15th day of August, A.D. 1844,
before me,                          M. W. HUBBELL,
Notary Public.
State of Indiana, Allen County, ss.-We, the undersigned, of lawful age, citizens of said county, and who resided in said county during
the period of the pressure of the land sales, do depose and say, That
we concur in knowledge and opinion with the above relation given by
Judge McMaken, in the above affidavit, of the pressure of the crowds
of land purchasers in the land office-of the necessity of additional
help in said office-of the necessity of guards to conduct the public
moneys south for deposit-of the condition of the roads, and of the
dangers of the country at that time in relation to transits of large sums
of moneys without a guard-of the integrity of Spencer, and the cause
of his deficit to the U. States.
TH. R. Colerick,            J. B. Dubois,
Joseph Johnson,             Thos. Tigar,
S. S. Morss,                Samuel Edsall,
T. K. Brackinridge,         Samuel Sowers,
M. Hedikin,                 Samuel Hanna.
R. P. Brownell,             Thomas Hatfield,
Joseph Morgan,              Smallwood Noel,
James Post,                 John S, Archer,
Francis Gomparet,           Thomas Daniels,
Samuel Stophlet,            Sigismund M. Black,
Benjamin Smith,             R. McDonald,
L. G. Bellamy,              Jos. Sinclair,
Robert Hood,                F. D. Lasselle.
L.Walke,                    W. G. Ewing.
Sworn and subscribed this 31st day of August, 1 44, before me,
M. MT. HUBBELL,
N tary Public.




38
The following affidavits were cheerfully furnished by the persons
whose names they bear.
R. L. BR1TTON.-NO. 1.
State of Indiana, Allen County, ss.-Be it remembered that on
this the 23d day of January 1844, personally appeared before me the
subscriber, a Notary Public in and for said county, Richard L.
Britton, Esq., of Miami County in said State, who after having been
duly sworn on his oath says that it would in his estimate be unsafe and
improper to transport large sums of the public money whether in
specie or paper to any bank of deposit from Fort Wayne without a
guard at the time of the great pressure of the land sales, that the affiant
is well acquainted fiom actual observation with the whole region of
country about said place arid a hundred miles distant, that apart from
being attacked by lawless men, there was great danger oftentimes
from crossing the streams, as the settlements were then thin and the
traveler could have no assistance and ran great risks that way, and
that said Spencer, the late Receiver of Public Moneys at Fort Wayne,
richly deserves one per cent. on the money he received in his said
office for the varied and numerous risks he ran in securing and depositing said money, as well as for clerk hire during the period of making
his said extensive sales. He risked his interest foi his country-he paid
clerks out of his own pocket to accommodate pressing demands of the
people, and saved the coffers of the Government, relying on the justice
of his country for remuneration. And that remuneration ought not to
be withheld from him, that he has been acquainted intimately for
twelve years with the said Spencer, and that he bore and sustained an
excellent character, that he verily believes that said defalcation to the
Government was not the result of any want of honor or integrity in
him, but on account of the excessive extent of the said land sales.
R L. Britton.
Subscribed and sworn to before me this 23d day of January, A.D. 1844.
E. F. Colerick, N.P.
In testimony whereof I have hereunto subscribed my name and
affixed the seal of my office this 25th day of January, A. D. 1844.
E. F. COLERICK,
[SEAL.]                                    Notary Public.




39
HENRY RUDISILL. —NO. 2.
State of Indiana, Allen County, ss. —Be it remembered that on this,
the 25th day of January, 1844, personally appeared before me, the
subscriber, a Notary Public in and for the said county, Henry Rudisill, Esq., of said county, who, after having been duly sworn, on his
oath says, That he was the post-master in Fort Wayne, in said county,
for the period of ten years immediately preceding the spring of 1841,
and that the Richmond mail to said Fort Wayne, via Winchester, was
irregular in its arrivals, in consequence of bad roads and high waters;
it was a weekly mail, and it would frequently occur that the mail would
fail to arrive, for the causes aforesaid, for as high as three trips, and the
intermediate country was almost a wilderness. That when the roads
were muddy, it was in places difficult for the traveler to reach a house
in a day's journey; and that such was the irregularity of the arrival of
the mails, in consequence of the cause aforesaid, that the bank at this
place, in sending letters to the bank at Richmond, would send the
same by direction via Dayton, Ohio, in the spring and fall seasons of
the year. That it would be silly, rash, unsafe, and imprudent, to have
attempted to have taken the public moneys from the Receiver's office
to deposit south, on the direct route to Richmond, by wagons; and
that there was no mail on the direct laid out road from Fort Wayne
to Indianapolis during affiant's administration in said office; and that
common safety and prudence would dictate that a guard was necessary
to accompany the wagons that carried the specie from said Land office
south for deposit, for at least the first one hundred miles. That the
said Spencer of right should receive clerk hire for the period of the
pressure of the sales of the public lands at said place; and that for the
hazards and risks he ran in securing and depositing the public moneys,
he should, in justice and propriety, receive from the Government the
sum of one per cent. on all the moneys so received and deposited to
the credit of the Treasurer of the U. S. And he further says, that he
has been intimately acquainted with said Spencer for more than eleven
years the last past, and has had a good deal of business and friendly
communication with him, and has ever found him an honorable and
correct man; and that affiant verily believes that said Spencer's defalcation was not produced by any want of integrity on his part.
HENRY RUDISILL.




40
Subscribed and sworn to before me, the undersigned, a Notary
Public, this 25th of January, A. D., 1844.
In testimony whereof, I have hereunto subscribed my name and
affixed the seal of my office, this 25th day of January, A. D., 1844.
E. F. COLERICK,
[s PAL.]                                  Xotary Public.
THOMAS TIGAR, ESQ., No. 3.
State of Indiana, Allen County, ss: —Be it remembered that on
25th of January, 1844, personally appeared before me the subscriber,
a Notary Public in and for said county, Thomas Tigar, Esq., of said
county, who, after having been duly sworn on his oath, says that he
has resided in said county for the last ten years past (except a temporary absence), and that in the summer of 1 R33 he had a printing press,
&c., at Indianapolis, and was anxious to have it brought to Fort
Wayne, in said county, and was informed that there was a more direct
way to Fort Wayne than by Logansport, and that affiant was induced
and did come said direct road about the distance of sixty miles, and
then had to leave it, as he was eight days in coming said distance of
sixty miles on said road, with a load of about one ton, although he had
a team of two good yoke of oxen; and that from said point where he
left said road the distance was fifty miles to Fort Wayne, through an
unbroken wilderness, and that previous to leaving sai i road he was
inf(ormed that the Salamonia River was very high, which, on said road
had to be crossed, about the distance of nineteen miles in said wilderness, and that some movers were then encamped on its banks for the
water to subside and to cross; that in traveling the said distance, they
built one or two bridges, and laid out as much as four nights; that
they had great difficulty in crossing several intermediate streams, and
had to unlade to get the wagon out of the swamps. Affiant has been
the greater part of said time printing a public newspaper at Fort
Wayne, and, firom the best of his information and belief, the said road
underwent no distinct change before the year 1838; and further says,
that he was about the Receiver's office a good deal and thought Spencer was doing too much business; the crowd was great and the demand of the people urgent for the public land; tiat in justice he ought
to be paid for extra clerk hire during the pressure of land sales; and
that a guard was necessary to conduct the money sent from said office;
that the office in which the business was done was inadequate, and the




41
money much exposed thereby; the tables, desks, &c., were covered
with money, and Spencer and his clerks actively engaged in business,
while numerous voices would be clamorously heard demanding to be
waited upon, so that persons who might be so evilly disposed as to
steal, had, in the bustle and confusion of such an extensive business
done in such a general and hurried manner, an excellent opportunity
to steal; and that the deficit to the U. S. on the part of said Spencer,
was not on account of a want of integrity on the part of said Spencer,
as affiant verily believes.
THOS. TIGAR.
Sworn and subscribed on this 25th day of January, A. D. 1844,
before me, E. F. Colerick, Notary Public.
In testimony whereof I have hereunto subscribed my name and
affixed the seal of my office, this 25th day of January, A. D. 1844.
E. F. COLERICK,
Notary Public.
GEORGE W. WooD, No. 4.
State of Indiana, Allen County, ss:-Be it remembered that on
this, the 22d day of January, A. D. 1844, personally appeared before
me, the subscriber, a Notary Public in and for said county, George
W. Wood, Esq., of said county, who after having been duly sworn
according to law, on his oath says, that he has been well and personally
acquainted with Col John Spencer, late Receiver of Public Moneys
at the land office of the U. S. at Fort Wayne in said county, for the
period of about seven years last past; and that he verily believes that
the said Spencer should be allowed for clerk hire during the pressure
of the sales of the public lands at said place, as the services of said
clerks were for the interest and benefit of the U. S., and if they had
not been employed the sales of the public lands must have been necessarily curtailed; and that he verily believes that a guard w:as necessary to go with and conduct the wagons that carried the gold and
silver from said office south for deposit, at least for the first hundred
miles; and he further says that he verily believes that said Spencer's
default as such Receiver was not caused by any criminality, or violation
of morals on his part, but occasioned by the said Spencer's doing more
business than any man could do under the circumstances; and affiant
further says, that the appended bill of printing for the U. S. was done
in his office, and that the work was done as charged, and set forth in
said bill, and that the prices charged for the same are reasonable, and




42
not more than the customary prices for such work in this section of
the country; that the work was generally done on the shortest notice,
and some instances had to work all night to be used the ensuing day,
and the officer of the land would say, they had been waiting to receive
blanks from the government and that the same will not come in; and
affiant further says, that in case he had reams on reams of said blanks
to print, as the public printers have generally, he could do the work
much lower, as the form would be made.
G. W. WOOD.
Sworn and subscribed on this, the 20th day of January, A. D. 1844,
before me, E. F. Colerick, Notary Public.
In testimony whereof' I have hereunto subscribed my name and
affixed the seal of my office, this 25th day of January, A. D. 1844.
E. F. COLERICK,
[SEAL.]                                      Notary Public.
LEWIS G. THOMPSON. NO. 5.
State of Indiana, Allen County, ss:-Be it remembered, that on
this the 29th day of January, 1844, personally appeared before me,
the subscriber, a Notary Public in and for said county, Doctor Lewis,
G. Thompson of said county, who, after having been duly sworn according to law, on his oath says, that he has been a resident of said
county for the seventeen years last past, and that he has been intimately acquainted with Col. John Spencer, late Receiver of Public Moneys
in the land office of the United States at Fort Wayne in said county;
that he verily believes that to have carried the public moneys, received
at said office, to the places where he deposited the same, would have
been hazardous, rash, -and inexcusable on the part of said Spencer, if
carried without a guard, at any period of the settlement of this part
of the country, and more particularly in the years 1835, 6, 7, and 8, as
the whole region was then crowded with strangers hunting land, and
they knew the immense sums of money that were going into said office
for land, and which were to go south for deposit; and, indeed, about
those days, several robberies by violence and otherwise were attempted, and others effected, at said place and in its vicinity. He also says,
that common justice dictates, that the government should, in justice to
him and herself, allow him clerk hire during the pressure of said sales,
as said clerks did what said Spencer could not do, because the labors
of the office were extended, and said extension of labor went to the




43
benefit of the government, and conduced to the interest and convenience of the purchasers; and that the said Spencer has a just and meritorious claim on the government for one per cent. on all the moneys
he Received and deposited as such Receiver, for the multiplied risks he
ran in receiving and depositing the same; that the affiant conducted
the business in said office during the greater part of the period of Gen.
McCarty's administration in said office, who was the predecessor of
said Spencer, and that he charged the distance for mileage from this
place to Cincinnati at two hundred miles, in consequence of an extension of the real distance caused by sloshes, swamps, and unbridged
streams, which had to be avoided by circuity of route; and that the same
causes which then extended said distance existed as late as the year 1839;
and that the way the road had then necessarily to be traveled was two
hundred miles.  That the road from this place to Indianapolis has
been seldom or ever traveled with wagons even to this day, and only
on horseback in dry seasons, and cases of emergency; and the way
the traveling community go from one of said last points to the other
has up to the year 1839, and to the present time, by way of Logansport; and said distance is 150 miles. That he has been a member of
the Legislature of said State several years, and drawn pay for mileage
for 150 miles via Logansport; and affiant is informed and verily believes that the Representatives in the Legislature from said county
heretofore, and ever since, drew for a like distance, and that tne public officers passing from one of said points to the other, are still allowed
mileage in 150 miles. The road was never opened on the direct route;
it is so little traveled that it can in many places only be found by the
blazes in the trees, and crosses several rivers that have neither bridges
or ferries. And the Richmond road was never opened, and the country over which it runs abounded with rivers and creeks, swamps and
marshes-no bridges, no ferries-and the traveler would have to zigzag in heading streams, and rambling swamps, so often that he would
have to travel even on horseback to Richmond from  this place 120
miles; and the region of country over which it passed up to 1839,
was almost a wilderness; and affiant further says, that he does not
believe that the said Spencer's default to the U. S. was caused by want
of integrity on his part, but from causes that he could not control, with
the limited assistance rendered him by the government, in such a vast
business as that done by him during the pressure of the land sales,




44
under the most unequal and hazardous circumstances, both as to the
safety of himself and the public money.
L. G. THOMPSON.
Subscribed and sworn to before me, the undersigned Notary Public, Feb. 1, 1844.
In testimony whereof, I hereunto subscribe my name and affix the
seal of my office, this first day of February, A. D. 1844.
E. F. COLERICK,
[SEAL.]                                     Notary Public.
AMOS COMPTON, NO. 6.
State of Indiana, Allen County, ss:-Be it remembered that on
this the 25th day of January, A. D. 1843, personally appeared before
me, the subscriber, an acting Notary Public in and for said county,
Amos Compton, of lawful age, who, after having been duly sworn according to law, on his oath says, that he now resides at Fort Wayne,
in said county, and has resided there for the five years last past, and
that previous thereto he lived on the Piqua road, between said Fort
Wayne and Piqua, in the State of Ohio, about thirteen years; that he
has traveled the said road with a wagon more than any other man, and
knows the advantages and disadvantages better than any one else in
traveling the same; that he has, in traveling said road with a wagon,
had to leave the road and cut a road through the woods for ten or
twelve miles continuously; that, in the year 1836, affiant started with
four wagons, loaded with gold and silver, from the Receiver's office at
Fort Wayne, to Cincinnati, Ohio; that Col. Spencer went with the
wagons; that the roads were exceedingly bad,-so much so that the
guard had to cut a road through the forest, and make bridges,-so that
the road from Fort Wayne and Piqua was not traveled more than
one half the distance; that, on that occasion, there was one instance
when, in consequence of the bad road, they were not able to reach a
settlement, and the wagons and money had to be left in the woods under the charge of the guard; that, in the same year, he started with
two wagons loaded with said metals, firom the Receiver's office at Fort
WTayne, to deposit at Lawrenceburg; that, in consequence of high
waters, he had to travel the south side of the Saint Mary's river, and
he had necessarily to cross " Blue Creek," which was flush and no
bridge, the water being about five feet dtep and running rapidly, in
crossing said stream, the water being muddy, one of the wagons upset
0                        0~-~-'    -- ~~- ~ —




45
in the current of said stream, in water about five feet deep, in the forest, and so cold that the surface of the waters were fiozen, and they
had to dive down in the water after the boxes; the diving was done by
affiant and one Samuel Harris and Eli Compton; that, on another occasion, he took two wagons loaded with said metals, from said Receiver's office to Lawrenceburgh, and could go no further, in consequence
of high waters and floating ice; affiant was then compelled to strike
and go to Cincinnati, a distance of eighteen miles, and for said causes
they were detained three days and nights before they could get a boat
to venture for Lawrenceburg; that affiant is well acquainted with the
route direct across from Fort Wayne to Richmond, and says no wagoner could venture to take more than half a load in said route in the
bad condition of the road; there was no road, but a mere trace, and
the streams are numerous and the country flat, and no bridges, and the
greater part of the year a loaded wagon could rnot travel the trace, in
consequence of the country being low, flat, and wet, and no road or
bridges, and unsettled; and there is no sane man, who is acquainted
with said route, but would believe said Spencer insane, if he had attempted to have taken the metallic money in wagons over said route.
That, in the summer of 1836, he started with ninety thousand dollars
from said Fort Wayne and from said Receiver's office, to deposit at
Cincinnati, Ohio, and that when he got to Willshire, about thirty-one
miles from Fort Wayne, he got water bound and could go no further
in consequence of the high waters and bad roads, and was detained
about eleven days; and, in the mean time, the money was put under
the floor of a cabin and a guard kept over it. That in traveling between Fort Wayne and Piqua, to a period as late as 1838, a loaded
wagon, in traveling between said points, unless in a very favorable
season (which was not common), would have to travel at least onefourth the distance farther, by meandering and zig-zaging the country,
to wade swamp sloshes and streams. That he hauled and kept hauling,
in said road, the public moneys from the Receiver's office at Fort Wayne
south for deposit, under the employ of said Spencer, for about one
year without intermission, and occasionally many other times; and that
the said hauling was done by affiant at the lowest prices that money
could command the service at the time, and at such prices as have sacrificed the property and interests of affiant, although his wagons and
teams were of the best kind, and although he could travel the roads
and country to as good advantage as any one else, as he has spent al



46
most a lifetime in it.  That it was from necessity affiant took the labor,
and that he always and still thinks that said Spencer screwed him down
in the prices to such a point as caused him to do labor for the U. S.
under the most bitter exposures and sacrifices, without an adequate
compensation. He further says that one per cent. on the moneys received by said Spencer as such Receiver, would not be a reasonable
compensation for the hazards, risks, and exposures he ran in receiving
and depositing the same; but gentlemen living in the densely settled
parts of the country may think otherwise; but if any of them had taken
but one trip with this Gffiant and said Spencer, in mating a deposit, in
laying out of nights, without preparation, in the woods, &c., they would
concur in opinion with affiant. And he further says that he has been
long and intimately acquainted with said Spencer, and never knew of
even a suspicion against his integrity, except concerning his deficit to
the U. S.; and that affiant believes that deficit was caused, if any there
be to the U. S, by no act on the part of said Spencer that could reflect
on his integrity. And affiant will also say that when he hauled property for said Spencer, as a private individual, over said road, the said
Spencer paid at all times a liberal and fair compensation, and much
more than he paid him for hauling for the U. S.; and his excuse for not
paying for hauling the public treasure as much as the customary price
for like hauling, was because he said he had to act cautiously and get
the hauling done at the lowest prices for the U. S. That the reason
affiant did not render his accounts for the quarterly reports of said Receiver, was because the affiant happened to be on the roads hauling
when said accounts were made; and that the agreement as to the price
for hauling was the same paid by said Spencer, and as much then as
the U. S. would allow.
AMOS COMPTON.
Subscribed and sworn on this 25th day of January, A. D. 1844,
before me, E. F. Colerick, Notary A. C.
In testimony whereof I have hereunto subscribed my name and
affixed the seal of my office, this 25th day of January, A. D. 1844.
E. F. COLERICK,
Notary Pu blic.




ELI COMPTON. No. 7.
State of Indiana, Allen County, ss. —Be it remembered,,that on
this 25th day of January, 1844, personally appeared before me, the
subscriber, an acting Notary Public in and for said county, Eli Compton, who, having been duly sworn according to law, on his oath says,
that he is well acquainted with John Spencer, late Receiver of Public
Moneys at Fort Wayne, in said county, that the statement made by
Amos Compton, in an affidavit made this day concerning the upsetting
of one of the wagons with public money in "Blue Creek," when they
had to dive after the boxes, is true in every particular, as affiant drove
the team when the wagon upset; and that the statement made by said
Amos, about the money that had to stop at Wil'shire for some eleven
days in consequence of high water and bad roads, is also true in all the
particulars; and also, the statement made by said Amos, in relation to
going within nine miles of Lawrenceburg with the public moneys, and
having to go to Cincinnati, &c., is true in all the particulars, as affiant
drove one of the wagons. That affiant is well acquainted with the
road between Fort Wayne and Piqua, and has wagoned the same very
much, and concurs in opinion with the statement made by said Amos
in all the particulars in relation to the condition and situation of said
road. That affiant assisted (in wagoning said public moneys) the said(
Amos, for said Receiver; and that in making said transports, the
wagon and teams were good, and the business on the part of the wagoners was done and conducted with energy, care, and economy; and
on settlement with the said Spencer, it was discovered that the necessary expenses, together with the wear and tear of horses and wagons,
swallowed more than the amount received by said Amos from the
U. S., by the hand of said Receiver; and that the contract with the
said Spercer was made for a certain price as settled on, and as much
more as the government would allow. And Gffiant further says, that
one per cent. on the money received and deposited by said receiver,
would not be more than a fair compensation for risks, perils, and dangers run by said Spencer, both to his person and the loss of the money;
and that said Spencer, as affiant verily believes, is a man of integrity,
and never violated that integrity intentionally in his service as such
Receiver to the U. S.
ELI COMPTON.




48
Subscribed and sworn on this the 25th day of January, A. D., 1814,
before me, E. F. Colerick, Notary Public.
In testimony whereof I have hereunto subscribed my name and
affixed the seal of my office, this 25th day of January, A. D., 1844.
E. F. COLERICK,
[SEAL.]                                     Notary Public.
JOSEPH MORGAN. No. 8.
State of Indiana, Allen County, ss.-Be it remembered, that on this,
the 25th day of January, A. D., 1844, personally appeared before me, the
subscriber, an acting Notary Public in and for said county, Capt. Joseph Morgan, who, after having been duly sworn according to law, on
his oath saith, that he formerly lived in Dearborn County, Indiana, and
emigrated from Cincinnati, Ohio, to Fort Wayne, Indiana; that he is
well acquainted with the roads from Fort Wayne to Lawrenceburgh;
that he has been for several years last past, a dealer and vendor of
goods, wares, and merchandises at said town of Fort Wayne, and has
goods frequently brought from Cincinnati and other points south of
this; and he is of the decided opinion, that the Receiver of Public
Moneys in making his special deposit at Lawrenceburgh, and his
going by way of Cincinnati, went the way that was the most prudent,
safe, and convenient, as respects the safety of the treasure and the
economy of the transfer; and affiant farther says, that he verily believes that a guard was necessary to conduct the wagons carrying the
specie of the U. S. from the land office at this place, for deposit south,
for the first hundred miles from this place, south.
JOSEPH MORGAN.
Sworn and subscribed this 25th day of January, A. D., 1844, before me, E. F. Colerick, N. P., A. C.
In testimony whereof I have hereunto subscribed my name and
affixed the seal of office, this 25th day of January, A. D., 1844.
E. F. COLERICK,
Notary Public.
JOSEPH JOHNSON.-No. 9.
State of Indiana, Allen County, ss.-Be it remembered that on this
25th day of January, 1841, personally appeared before me, the subscriber, an acting Notary Public, in and for said county, Joseph
Johnson, of lawful age, who, after having been duly sworn according




49
to law, on his oath, says that he is now a resident of said county, and
now has been for nine years last past, and that previous thereto he resided in Richmond, in the county of Mayne, in said State; that he has
been intimately acquainted with Colonel John Spencer, of Fort Wayne,
and late Receiver of Public Moneys at the Land Office at said place,
for the nine years last past; and that for the said period of time he has'been well acquainted with the intermediate country between Fort
Wayne, in said county of Allen, and the said town of Richmond, and
that from 1834, and previous thereto, up to 1838, the route, road or
trace, from one of said points to the other, and has traveled very often;
there were but two ways, one called the Quaker-trace, and the other
the Godfrey-trace, and both traces were very much obstructed by fallen
timber, as the said traces were comparatively but little traveled, by
man and horse, and very seldom by wagons, and only at particularly
favorable seasons of the year, as the said region of country is low and
-flat, abounding in numerous sloshes, and few or no bridges, and that
even in traveling from one of said points to the other on horseback
the traces served more to direct the course to the traveler than to be
traveled on, as the traveler had to travel more in the woods than on
the trace; and affiant verily believes that at said last named period of
time of traveling either of said traces from one of said points, he would
have to travel at least one hundred and twenty miles, on account of
being necessarily compelled in traveling the same to head streams,
swamps, and sloshes; and that affiant has traveled the same most generally in the fall, when the roads are generally the best; that up to 1838
the country was but thinly settled, and the traveler had to make his
calculation in traveling the same, or he would not be able to reach a
settlement and be compelled to camp out in the woods; and affiant verily
believes that it would be the extreme of rashness and imprudence in
the said Spencer to have attempted to have taken the silver and gold
of the U. S. in wagons over said roads, as they would have to cut
out a new track a large proportion of the way, and make bridges and
run great risks of life and destruction of property, as the traveler on
horseback had to swim many of the streams where there were no settlements, and in danger could call on no assistance. And affiant further
says, that he does not believe that said Spencer's deficit was caused by
any want of integrity in said Spencer; and that the version given by
said Spencer, which occasioned said deficit, affiant verily believes to be
true; and that has mixed much in society when the subject has been
4




50
canvassed, and he never heard a respectable man charge said Spencer
with a lack of honor or integrity.
JOSEPH JOHNSON.
Sworn and subscribed on this the 25th day of January, A. D., 1844,
before me, E. F. Colerick, Notary Public.
In testimony whereof I have hereunto subscribed my name and
affixed the seal of my office, at Fort Wayne, this 25th day of January,
A. D. 1841.
E. F. COLERICK,
[SEAL.]                                     Notary Public.
JOHN P. HEDGES, ESQ. NO 10.
State of Indiana, Allen County, ss:-Be it remembered, that on
the 25th day of January, 1844, personally appeared before me the
subscriber, an acting Notary Public in and for said county, John P.
Hedges, Esq., of said county, who, after having been duly sworn according to law, on his oath says, that he was in active and extensive
duty as a commissary under John H. Platt, deceased, of Cincinnati,
during the whole of the last war with Great Britain, and that he has
been acting the greater part of the time ever since as agent or clerk
for companies or individuals; that in 1835, 6, 7, and 8, in the Receiver's
Office, he assisted John Spencer, late Receiver of Public Moneys at
Fort Wayne, as a clerk; and that the business done in said office in
1835, 6, and part of 1837, would have taken at least ten clerks, to have
done the business which was then done in said office in that methodical
and office-like manner that the public business and private business is
generally done, and which the private interests of said Spencer should
have prompted him to have done; but the said Spencer, as affiant
verily believes, extended the business from motives of public accommodation, and through the solicitations of hundreds of strangers, who
were then here waiting at great expense to purchase the public land,
because a refusal to have extended the business would have been a denial to sell lands to hundreds of persons who in all probability came
hundreds of miles to enter the same; and if the said Spencer had not
been disposed to serve the public interests more than his private interests, he would have suffered no involvement of character or deficit
with his funds to his country. But the public put on him more busi.
ness than any man could do with the aids he had, and under the surrounding circumstances; and affiant further says, that the said Spencer




51
during said pressure, seemed to have lost sight of his own interests in
watching the public interests; he was all the while, apparently, in a
state of mental excitement and anxiety for the immense public treasure he had and was receiving; and such was the intensity of his interest and care for the same, that he entirely lost sight of his own
business, for he had not time to keep a memorandum of his private
expenditures and the payment of contingencies of said office; and
affiant has known said Spencer from boyhood, and has never heard his
character impeached, except as to said deficit, and heard it always admired when spoken of; and that affiant verily believes that the deficit
was not produced by any want of morals or integrity, but that whatever that deficit may be it was produced by an excess of business
without equal aid. Affiant further says, that he has traveled the trace
or road from Fort Waynre and Piqua during the time of the late war,
and several times a year ever since; and that in traveling from Fort
Wayne to Piqua, on account of the streams, sloshes, and swamps, the
traveler would have to travel at least one fourth further than the true
distance between said points; and that the road or trace from Fort
Wayne to Richmond, would have, up to 1838, been dangerous to travel
without a guard, when money was carried, and men traveling over
said trace with money traveled the same under great and just apprehensions of being robbed, and to take specie in wagons would be
almost impossible, on account of the streams and swamps, and no sane
man would run the hazards with his private team on said route, as
carrying specie in wagons, if he could go another route.
JOHN P. HEDGES.
Sworn and subscribed on the 25th day of January, A. D. 1844,
before me, E. F. Colerick, Notary Public.
In testimony whereof, I have hereunto subscribed my name and
affixed the seal of my office, this 25th day of January, A. D. 1844.
E. F. COLERICK,
[SEAL.]                                   ANotary Public.
THOMAS HATFIELD, EsQ. No. 11.
State of Indiana, Allen County, ss: —Be it remembered that on
this 25th day of January, A. D. 1844, personally appeared before me
the subscriber, a Notary Public in and for said county, Thomas Hatfield, Esq., who, after having been duly sworn according to law, on his
oath says, that he has been well acquainted with Col. John Spencer,




52
late Receiver of Public Moneys in the land office of the U. S. at Fort
Wayne, in said county, for the twelve years last past, and been a resi —
dent of said county for the seventeen years last past; that said Spencer
ought to be allowed, in justice to himself and the country, clerk hire,
during the heavy pressure of the sales of the public lands at said
place, as the said Spencer extended said sales, as affiant verily believes,
for public accommodation, and which has inured to the benefit of the
U. S.; and that he verily believes that it was due to said Spencer, and'
the safety of the public funds, that the wagons that carried the gold
and silver from the said land office for deposit south, should have a
guard to accompany them, for at least the first hundred miles south;
and that he verily believes that the deficit of said Spencer to the U. S.,
as such Receiver, was not caused by any moral obliquity on the part of'
the said Spencer, but was occasioned by the said Spencer doing more
business in said office than he was capable of doing, under the circumstances.
THOMAS HATFIELD.
Subscribed and sworn, on this the 25th day of January, A. D.
1844, before me, E. F. Colerick, N. P. A. C.
In testimony whereof, I have hereunto subscribed my name and
affixed the seal of my office, this 25th day of January, A. D. 1844.
E. F. COLERICK,
[SEAL.]                                     Notary Public.
FRANCIS COMPARET. NO. 12.
State of Indiana Allen County, ss: —Be it remembered, that on
this, the 22d day of January, 1844, personally appeared before me
the subscriber, a Notary Public in and for said county, Francis Comparet, Esq., who, after having been duly sworn, on his oath says, that
he has resided in said county for about twenty-three years last past;:
that he has, during the whole of said time, been dealing in goods, wares,
and merchandise, and some part of the time very extensively engaged
in the "fur trade;" says itwould have been unsafe and highly inexcusable in the Receiver of Public Moneys in the land office at FortWayne in said county, in any of the years up to 1839, and particularly
in the years 1835, 6, 7, and 8, to have omitted to have sent a guard to
conduct the wagons that carried the gold and silver from said office
south for deposit, as the whole country was then crowded with strangers, hunting land, and were aware that said money was continually




53
going south for deposit. That he further says, that during the pressure of the sales of the public lands at said office, the said Receiver,
John Spencer, should, in justice to the country as well as the said
Spencer, be allowed for clerk hire, as the labor of said clerks inured
to the benefit of the people accommodated, as well as the government,
and said Receiver could have no motive to extend his labors and expenses except from a motive to serve the people and the government;
and he further says that the allowance of one per cent. on all moneys
he received as such Receiver, and for which nothing is now allowed
him, would not be more than a fair and just compensation for his hazards in receiving and depositing the same at his own risk; as the best
and most accomplished business men are liable to be mistaken in the
purchase of drafts, and receiving of hundreds of thousands of dollars
of paper money in the hurry and dispatch of an office like his; and that
it would be repugnant to the judgment of any sane mind that was acquainted with the intermediate country between this and Richmond,
to carry in wagons the specie of the U. S. across the country from
said Fort Wayne to said Richmond at said time, unless the sloshes,
and swamps, and streams were frozen so as to bear the said wagons,
and that the said Spencer would be running unwarranted risks in carrying the immense sums of paper he deposited about these times,
without a guard; and that the said Spencer has maintained an unblemished reputation, except as to his said deficit to the U. S., and
that it is the opinion of said affiant that said Spencer never intended
to defraud his government.
FRANCIS COMPARE T.
Subscribed and sworn to before me, the undersigned Notary Public, this 25th day of January, A. D. 1844.
In testimony whereof, I have hereunto subscribed my name and
affixed the seal of my office, this 25th day of January, A. D. 1844.
E. F. COLERICK,
[SEAL.]                                      Notary Public.
THOS. PRITCHARD. No. 13.
State of Indiana, Allen County, ss:-Be it remembered, that on
this, the 25th day of January, A. D. 1844, personally appeared before
me the subscriber, an acting Notary Public in and for said county,
Thomas Pritchard, Esq., of said county, who, after having been duly
sworn, on his oath says, that he emigrated from Cincinnati, Ohio, in
the summer of 1833, to Fort Wayne, Ind. That he has ever since
5*




54
been acquainted with Col. John Spencer, late Receiver of Public
Moneys at the land office of the U. S. at said Fort Wayne; that in
April 1835, he went in company with said Spencer from Fort Wayne
to Richmond, where Spencer was going to make a paper deposit of
public moneys; that they went the direct route across the country;
that they traveled the journey to the best advantage, but in going to
said place, they, by traveling a zig-zag course to head streams and
swamps, must have traveled at least one-fourth of the distance
beyond the true distance, and encountered much danger in traveling
the same. That it would be impossible to have taken the metallic
money in wagons from Fort Wayne to Richmond in said direct route,
and that the only safe and prudential way to have made said transports,
was by way of Dayton, Ohio; and over the first hundred miles of road
from Fort Wayne, had many reaches and parts extending for miles,
that was impassable, unless the wagons would leave the road, and
take the woods to double the swamps and streams, which would great —
ly extend the distance; affiant further says that, considering the extent
of business in said land office done by said Spencer in 1836, and the
circumstances under which it was done-that is, that he had to make
the deposits, that they were large and made generally by him in person, while the sales were going on in an unprecedented manner by
clerks of but little experience-that it is a matter of wonder to himself,
that the default did not amount to double the sum. That affiant believes that said Spencer acted throughout on principles of integrity,
and that affiant believes that said deficit was produced by unseen
causes and without the knowledge of said Spencer; and farther says,
that any other man, however honorable, capable, and just, would,
under the same circumstances, have lost as much; and that said
Spencer deserves indemnity from his country; and that he went in
company with said Spencer several times to make his deposits, and
that one per cent. on all the money he received as such Receiver and
deposited to the credit of the Treasurer of the U. S., would not be more
than a fair compensation to him.
THOS. PRITCHARD.
Sworn and subscribed, on this 25th day of January, A. D. 1844,
before me, E. F. Colerick, Notary Public.
In testimony whereof, I have hereunto subscribed my name and
affixed the seal of my office, this 25th day of January, A. D. 1844.
E. F. COLERICK,
[SEAL.1                                     Notary Public.




55
M. WOLSEY HUBBELL. No. 14.
State of Indiana, Allen County, ss. —Be it remembered, that on
this, the 22d day of January, A. D. 1844, personally appeared before
me the subscriber, a Notary Public in and for said county, Melancthon
Wolsey Hubbell, Esq., teller of the Fort Wayne Branch of the State
Bank of Indiana, and of said county, who, after having been duly
sworn, on his oath says, that he was in 1835 employed by Col. John
Spencer, late Receiver of Public Moneys in the Land Office of the
United States at Fort Wayne in said county, as a clerk in said office,
and remained in said office as such clerk until 1836, when he was
elected teller in said Bank, and so still fills said office; that while he
was acting as such clerk in said office, the business was very great, and
that the said Spencer had to hire clerks in said office, and affiant's duty
in said office was mostly confined to filling the duplicate receipts; that
the office would be opened by the break of day in the morning, and be
kept open generally until twelve o'clock at night; that said Spencer
and said clerks were on their feet all the while, and working without
intermission, and for months seldom at dinner; and that even with all
said labor, they could not keep up with the demands of the people for
land; that the said Spencer lost no time from the most laborious duty,
and all the while present, not mingling in the mania of speculation
or private interest; but seemed to have lost sight of his own interests
in serving the public. He was in a state of constant mental agitation,
in the ocean of responsibility which was swelling around him; and
such was his obliging manners that he could not say " no" to requests
made in a gentlemanly manner, and has went into his office late at
night and sold thousands of dollars' worth of land. That the department required him at that time to make his deposits when the sum
received amounted to $50,000; and this sum would be received sometimes in a single day. They kept a blotter, in which they entered
their daily sales, and then at night went to the Register's Office to compare the same with the Register of Certificates, and the receipts with
the applications, and when examined and corrected, they then entered
the same on the Register of Receipts from which they copied and
made their monthly abstracts, and from which said Register of Receipts they copied their quarterly account currents; and that said
blotter in the midst of such extensive business could not be dispensed
with, rinot without having the said Register of Receipts defaced by era



56
sures and interlineations, for instance, there might be two applications
out in one day for the same tract of land; and that even at this day,
when labor and skill is so much reduced in value and price, he does
not believe that a clerk trustworthy and competent to said duty would
render such service less than three dollars per day; and that affiant
verily believes that the labors of said clerks in said office were more
constant and laborious than any he has ever known; and worth, in his
opinion at least ten dollars per day. And affiant farther says, that
after he became teller of said Bank, he would go into said Receiver's
Office in afternoons and at night after banking hours to assist in said
office. Affiant further says, that from his knowledge of the accurate
manner in which John M. Wilt did business, and his integrity of character, and the integrity of said Spencer, he verily believes that the
said Spencer lost the said $5,000 at Louisville, as he the said Spencer
represents the same; and affiant farther says, that no reasonable man
competent to understand and to do such business, would hazard his
own safety by doing such a business under like circumstances for one
per cent. on the amount received; and that he verily believes that the
said Spencer has a right to claim from his country, and of right ought
to receive, one per cent. on all the money he received in said office, for
the perilous risks he ran under said pressure in receiving and depositing said money.
MIELANCTHON W. HUBBELL.
Subscribed and sworn to before me, the undersigned Notary Public, this 22d day of January, A. D., 1844.
In testimonywhereof, I have hereunto subscribed my name and
affixed the seal of my office, this 22d day of January, A. D. 1844.
E. F. COLERICK,
Notary Public.
SOWERS & MCMAKIN. No. 15.
State of Indiana, Allen County, ss.-Be it remembered, that on
this the 26th day of January, 1844, personally appeared before me
the subscriber, a Notary Public in and for said county, Samuel Sowers
of said county, who says, that he kept a tavern in the town of Fort
Wayne, in said county, during the pressure of the purchase of the
public lands, in the years 1835, 6, and 7. The tavern was large, and
such was the rush of men to said place to purchase the public lands,
that all his beds were filled, besides many laid on the floor, and a great




57
many in the stables; and besides he hired an empty store-room and
covered the counter and floor with straw-beds, and they were filled,
and had billeted his guests on private families for lodging wherever
he could get them; and the other public houses in said town were
equally crowded. Every private house in town and country fbr six
miles round said town, that would or could be induced for money to
keep travelers, was filled; and the Piqua road in rainy weather was
so bad as to be almost impassable to pass over them with loaded
wagons; and the Richmond road no one pretended to travel with
wagons; and that it was due to the safety of the Public Moneys taken
from the Receiver's Office at this place south for deposit, to have a
guard to conduct the wagons that carried the money; and indeed,
there were several attempts at robberies in this part of the country
about these days; and that he should in justice be allowed for clerk
hire during said pressure, as by their labor the business was extended,
and their labor went to the benefit of the government and the accom.
modation of the citizens; and that he believes said deficit to the U. S.
was not brought about by a want of honesty on the part of said Spencer,
but from the extent of said sales and unequal circumstances under
which the same were made; and that the said Spencer richly deserved
one per cent. on all the moneys he received and deposited as such receiver, for the risks he ran in receiving and depositing the sum which
was done at his own peril.
SAMUEL SOWERS.
Subscribed and sworn to before me the undersigned Notary, this
26th day of January, A. D. 1844.
E. F. COLERICK, N. P.
And also appeared Hon. Jos. H. McMakin, one of the associate
judges of said county, and who has resided in said county for the
eleven years last past, who, after having been by me, the subscriber, a
Notary Public in and for said county, duly sworn, on his oath says, that
he concurs in opinion and knowledge with the above-named Samuel
Sowers, in the fact and opinions of said Samuel, as set forth in his
above affidavit; and that he, said McMakin, kept a boarding-house in
1835 and 6, and a tavern 1837, 8, and in said town of Fort Wayne, in
said county.
JOSEPH H. McMAKIN.




58
Subscribed and sworn to before me, the undersigned Notary
Public.
E. F. COLERICK,
Notary Public.
In testimony whereof, I have hereunto subscribed my name, and
affixed the seal of my office, 26 day of January, A. D. 1844.
E. F. COLERICK,
[SEAL.]                                    Notary Public.
J. B. DUBOIS. No. 16.
State of Indiana, Allen County, ss:-Be it remembered, that, on
this the 25th day of January, A. D. 1844, personally appeared before
me the subscriber, an acting Notary Public in and for said county,
John B. Dubois, Esq., one of the magistracy of the City of Fort Wayne,
in said county, who, after having been duly sworn according to law,
on his oath says, that he formerly resided in Dearborn County, in said
State, and has resided in Fort Wayne during the whole period that
Col. John Spencer acted as Receiver of Public Moneys at said place;
and says that in the month of May, 1835, he accompanied the said
Spencer from Fort Wayne to Richmond to make a deposit of public
money; that they went the direct route, and rode good horses, and
were, with hard riding, five days in getting there, after injuring the
horses very much, and great fatigue to themselves as well as danger,
as they had to swim several streams, and run great risk of their lives;
the deposit was a paper deposit; and affiant further says, that it would
be a thing impossible for a loaded wagon to have gone said road. He
further says that the traveling community, from motives of safety and
economy, almost invariably travel from one of said points to the other
by way of Dayton, Ohio; and the Piqua alias the Dayton road, or that
part of it which lays between this place and Piqua, at many parts of it
is impassable for wagons, except at dry and particular seasons of the
year to travel, and until as late as 1838. He further says, that in
1836 his business led him to the Receiver's Office, and found a dense
crowd outside, quarreling and trying to crowd themselves in said office;
that Spencer was working away with his coat off and his sleeves rolled
up; that the money was piled up around the room; some in boxes,
some on the floor, and strewed about; that it was his opinion then,
and has ever since been, that his deficit must have been occasioned by
the extent of business he then did, and the disadvantages under
which he did the same-for the want of men, and more help or less




v59
business; and he further says, that he has been intimately acquainted
with said Spencer for the twelve years last past, and his private and
public character stands unblemished for integrity, except the suspicions
in relation to his deficit to the U. S.; and that, affiant believes, was
brought by losses imperceptible to him, and not from a breach of honor
or integrity.
J. B. DUBOIS.
Subscribed and sworn, this 25th day of January, A. D. 1844, before me, E. F. Colerick, Notary Public.
In testimony whereof; I have hereunto subscribed my name and
affixed the seal of my office, at Fort Wayne, this 25th day of January,
A. D. 1844.
E. F. COLERICK,
[SEAL.]                                      Notary Public.
JOHN M. WILT. NO. 17.
State of Indiana, Miami County, ss: —Be it remembered, that on
this twenty-ninth day of January, A. D. 1844, personally rappeared
before me the subscriber, a Notary Public in and for said county,
John M. Wilt, who, after having been duly sworn according to law, on his
oath says, that he was a clerk in the Receiver's Office, under John
Spencer, Receiver of Public Moneys at the U. S. land office at Fort
Wayne, Indiana, from November 1835 to November 1838; and that
part of the time clerks were employed, in order to satisfy the numerous applications of purchasers. That the duties and labors of the
clerks were constant and pressing in said office, and that business had
frequently to lie over to the next day. That so numerous and importunate were the land buyers, who were generally strangers and on
expense, that the said Spencer, contrary to his conviction of expediency
or to his own comfort and interest, would yield to their solicitations,
and often continue business to a late hour of night with very little intermission. Said affiant further saith, that a large amount of specie
would sometimes accumulate before wagons could be had to transport
it through the wilderness country and roads of the worst description,
along which it had to pass; and believes that, on account of these difficulties, and his heavy responsibility, said Spencer was often in
extreme trouble and perplexity. Affiant further saith, that said Spencer attended to the receiving and counting of money when present,
and that preparatory to depositing the funds, they were uniformly




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counted by both said Spencer and affiant; and that the receipts of
deposit at one time fll short of the amount started with by a considerable amount, about $5,000; of this amount said affiant has but indistinct recollection; said affiant further says, that in his opinion the compensation allowed for risk' and depositing, is, in said Spencer's case,
by no means adequate to the service he had to perform, and the anxiety and trouble connected with it; said affiant further says, that in order
to keep the books of said office clear from erasures, blots, interlineations, and corrections, it became expedient and necessary to procure
a blotter, upon which first to make the entries, and if any corrections
were to be made to make them there before the entries were transcribed upon the proper Register of Receipts, which was to be kept
in said office; and that without such blotter, this affiant verily believes
that the books of the office would have been, from blots and corrections,
entirely unfit for public records; and that such blotters were accordingly procured by said Spencer; and said affiant further says, that
during the year he first entered the office aforesaid, and during several years afterwards, a large amount of Military Bounty Land Scrip
was located in the Fort Wayne land district, and that the peculiar
forms of the affidavit required in locating such scrip were such that
men ordinarily were not acquainted with them; and that it became
necessary, in order to expedite business while it was so pressing, to
procure blank affidavits for such purposes, which the Receiver accordingly did; and this affiant further says, that he believes said blotter and affidavits were both necessary and useful; and further saith not.
(Signed)                 JNO. M. WILT.
Sworn and subscribed before me, this 29th day of January, 1844.
In testimony whereof, I have hereunto set my hand and seal notarial this day and year aforesaid.
(Signed)           E. A. LOVELAND, N. P. M. C.