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 UNIVERSITY OF N.C. AT CHAPEL HILL 
 
 00032204560 
 
 This book must not 
 be token from the 
 Library building. 
 
 Form No. 471 
 
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 23(1 CoNGUEss, I Rep. No. 441. J Ho. OF Reps. 
 
 \st Session. 
 
 JAMES ELDER. 
 
 May 2, 1834. 
 
 Read, and laid upon the table. 
 
 Mr. E. Whittlesey, from the Committee of Claims, made the following 
 
 REPORT : 
 
 The Commiltee on Claims, to which was referred the petition of James 
 
 Elder, report. 
 
 That the petitioner was employed to transport the baggage of a part of 
 tiie Ciicrokec tribe of Indians in North Carolina, thatemigratcd west of the 
 Mississippi. Hesays, and it is proven by the deposition of Ruiey Jackson, 
 that in crossing Beaver dam creek a tributary of the Hiwapee, he lost two 
 horses by drowning of the value of seventy dollars eacli. The loss of 
 the horses was reported by Lieutenant J. W. Harris, a disbursing agent of 
 the party aforesaid, so that the fact of the loss may be considered as es- 
 tablished. The said agent represents the loss as being one that seriously 
 effects the property of the petitioner, and he expresses a doubt whether it 
 is of the character guarded against by the <' regulations concerning the 
 removal of the Indians." The petitioner was employed under a contract, 
 and was paid a specific sum for his services, but whether by the hundred, 
 job, or by the day, does not appear. The clause referred to in the regula- 
 tions by Lieutenant Harris, is as follows. " The United States will not 
 be responsible for any accidents.'* He says tlie contract was not an ex- 
 ception to the clause cited above, but he says IJiat Elder's character is 
 good, and that he had been water-bound at the creek for several days ; 
 that the provisions of the party were exhausted, and that in that wilder- 
 ness of country it was either swim or starve. " He says further, the emi- 
 grants who were with the wagon, make some claims he understands fop 
 the loss of property caused by the upsetting of the wagon in the creek, 
 and some of these say it was owing to mismanagement that the accident 
 happened, and that it was difticut to find the truth." 
 
 The committee think the United States are not holden to give any com- 
 pensation for the loss. The Secretary of War, out of an abundance of 
 caution, inserted a clause in the regulations, stating in explicit terms that 
 the United States would not be responsible for any accidents. The com- 
 mittee do not see how they could recommend that this property be paid 
 for, without establishing the principle, that the United States are holden, 
 as the insurers of the property of every person employed in their service. 
 They recommend the adoption of the following resolution : 
 
 Resolved, That the prayer of the petition of James Elder ought not to 
 be granted. 
 
 ^ [Gales & Seaton, print.] 
 
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Makers 
 Syracuse, N. Y, 
 
 fAI. JAN 21, 1908 
 
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