table,) be referred to the Committee upon Revolutionary Claims; and that on the 23d of February, 1855, "Mr. Peckham, from the aforesaid committee, to whom was referred the bill from the Senate, No. 398, entitled 'An act for the relief of the heirs of Captain Joshua Chamberlain, deceased,' reported back the same without amendment." (See House Journal, 2d session 33d Congress, of the various dates referred to.) This "act" (S. No. 398) was then placed upon the calendar, and committed to the Committee of the Whole House, but was never reached, as Congress adjourned a few days thereafter. Thus it is seen, by reference to the journals of Congress, that the Senate passed "an act unanimously for the benefit and relief of the heirs of Captain Joshua Chamberlain, deceased;" and although an adverse report was made thereon at one time by the Committee on Revolutionary Claims in the House of Representatives, to whom it was referred, yet it is very apparent that all objections must have been afterwards withdrawn in the committee, as the same "act" was reported back by the committee without amendment, and by the same member thereof who made the adverse report, Mr. Peckham, its chairman, and placed upon the calendar of the whole House; and it is but reasonable to suppose, that if there had been sufficient time, it would have passed the House, and become a law. It is, therefore, hoped that the honorable Court of Claims will also decide in favor of the petitioners.

S. L. LEWIS,
For Claimants.

E. B. CHAMBERLAIN AND OTHERS vs. THE UNITED STATES. Chief Justice GILCHRIST delivered the opinion of the Court.

This petition is presented by E. B. Chamberlain, who appears for himself and other heirs of Joshua Chamberlain, late a captain in the army of the revolution. It is stated in the opinion that in or about the month of April, 1780, he enlisted into the army "for the war ;' having been promoted to a captaincy and served in that capacity to the close of hostilities. Captain Chamberlain died in the year 1812, and the claim now made is for the half-pay of a captain from the end. of the war to the period of Captain Chamberlain's death. It is stated in the petition that Captain Chamberlain died without having asked or received the half-pay granted by the resolution of Congress, of October, 1780.

Admitting the services to have been performed as alleged, the first question which arises is: whether the claim is barred by any act or resolution of Congress.

On the 2d day of November, 1785, Congress passed the following resolution:

"Resolved, That all persons having claims for services performed in the military department be directed to exhibit the same for liquidation to the commissioners of army accounts on or before the first day of August ensuing the date hereof, and that all claims under the description above mentioned, which may be exhibited after that period

shall forever thereafter be precluded from adjustment or allowance; and that the commissioner of army accounts give public notice of this resolve in all the States for the term of six months.'

On the 23d of July, 1787, the following resolution was passed: "Resolved, That all persons having unliquidated claims against the United States, pertaining to the late commissary's, quartermaster's, hospital, clothier's, or marine department, shall exhibit particular abstracts of such claims to the proper commissioner appointed to settle the accounts of those departments, within eight months from the date hereof; and all persons having other unliquidated claims against the United States shall exhibit a particular abstract thereof to the Comptroller of the Treasury of the United States within one year from the date hereof; and all accounts not exhibited as aforesaid shall be precluded from settlement or allowance."

The 1st section of the act of March 27, 1792, (1 Stat. 245,) enacted that the operation of the foregoing resolutions, so far as they have barred, or may be construed to bar, the claims of any officer, soldier, artificer, sailor, or marine, of the late army or navy of the United States, for personal services rendered to the United States, in the military or naval departments, shall, from and after the passing of this act, be suspended for and during the term of two years; and that every such officer, soldier, artificer, sailor, or marine, having claims for services rendered to the United States in the military or naval departments, who shall exhibit the same for liquidation at the treasury of the United States at any time during the said term of two years, shall be entitled to an adjustment or allowance thereof on the same principles as if the same had been exhibited within the term prescribed by the aforesaid resolutions of Congress."

The 1st section of the act of February 12, 1793, (1 Stat., 301,) enacts, "that all claims upon the United States for services or supplies, or for other cause, matter, or thing, furnished or done previous to the 4th day of March, 1789, whether founded upon certificates or other written documents from public officers, or otherwise, which have not already been barred by any act of limitation, and which shall not be presented at the treasury before the 1st day of May, 1794, shall forever after be barred and precluded from settlement or allowance." The claim, in this case, is for personal services rendered to the United States, in the military department, and was barred by not having been exhibited at the treasury by the 27th day of March, 1794, according to the provision in the 1st section of the act of March 27, 1792. It is also barred by the 1st section of the act of February 12, 1793, by not having been presented at the treasury before the 1st day of May, 1794, as it is a claim upon the United States for services, and by this section it would be barred, even if it had not already been barred by the act of 1792.

In the brief of the counsel for the claimants, the reason why Captain Chamberlain made no application for half-pay during his life is stated to be, that at that early period it was considered derogatory to make such an application. However proper might be the feeling which might actuate a person to decline presenting a claim, it certainly affords no reason for avoiding the bar of the statute of limita

tions. At the time of his death, in the year 1812, Captain Chamberlain had no claim for half-pay against the United States which could be sanctioned by a court of law, or which could descend to his heirs, or be prosecuted to judgment by his administrators, if one existed, and we are of opinion that upon this ground the claimants have no cause of action.

The petitioners also pray that a warrant be issued to them for such bounty land as they are entitled to in virtue of the services of their

ancestor.

The resolution of Congress of September 16, 1776, provided for granting lands to persons who should engage in the service and continue therein until the close of the war, or until discharged by Congress; the share of a captain being three hundred acres.

The resolution of September 18, 1776, extended this bounty to all who should enlist for the term of during the war.

By the 2d section of an act approved April 26, 1802, (2 Stat., 156,) it was made the duty of the Secretary of War to receive claims to land for military services until the 1st day of January, 1803, and no longer.

By the act of April 15, 1806, (2 Stat., 378,) the time for issuing military land warrants was extended to the 1st day of March, 1808. By the act of March 21, 1808, (2 Stat., 477,) this time was further extended to the 1st day of March, 1810.

By the act of December 19, 1809, (2 Stat., 555,) it was further extended to the 1st day of March, 1813.

By the act of July 5, 1813, (3 Stat., 3,) the Secretary of War was authorized to issue military land warrants to such persons as should produce satisfactory evidence of their claims before the 1st day of March, 1816.

By the act of April 16, 1816, (3 Stat., 284,) this time was extended to the 1st day of March, 1818.

By the act of March 9, 1818 (3 Stat., 408,) this time was extended to the 1st day of March, 1819.

By the 2d section of the act of February 24, 1819, (3 Stat., 487,) this time was further extended to the 4th day of March, 1821.

By the act of March 2, 1821, (3 Stat., 617,) this time was extended to the 4th day of March, 1823.

By the act of May 26, 1824, (4 Stat., 60,) the time limited by the act of February 4, 1819, was extended to the 26th day of May, 1829. By the act of March 3, 1823, (3 Stat., 776,) this time was extended to the 4th day of March, 1825.

By the act of March 3, 1825, (4 Stat., 133,) the time was further extended to the 4th day of March, 1827.

By act of March 2, 1827, (4 Stat., 219,) the time was further extended to the 4th day of March, 1830.

By act of July 13, 1832, (4 Stat., 578,) the time was further extended to the 1st of January, 1835.

By the act of January 27, 1835, (4 Stat., 749,) the time was ex tended to May 26, 1839.

By another act of the same date, (4 Stat., 479,) the time was extended to the 1st of January, 1840.

It would seem that the two last acts cover nearly the same period of time.

By the second section of the act of July 27, 1842, (5 Stat., 497,) the time was extended to the 27th of July, 1847.

By the act of June 26, 1848, (9 Stat., 240,) the time was further extended to the 26th of June, 1853.

By the act of February 8, 1854, (10 Stat., 267,) the time was further extended to the 26th of June, 1858.

It has appeared necessary to us to state the various acts bearing upon this question, in order to show that the Secretary of the Interior, to whom the duties of the Secretary of War in relation to this matter have been transferred by the 6th section of the act of March 3, 1849, (9 Stat., 395,) is now authorized to issue military revolutionary land warrants to such persons as shall produce to him satisfactory evidence of the validity of their claims. Before the Department of the Interior was constituted, the duty of issuing such land warrants devolved on the Commissioner of Pensions, subject to the supervision of the Secretary of War, as he now is to that of the Secretary of the Interior. There is, then, now existing a tribunal which has jurisdiction of applications for revolutionary bounty land warrants. Any person interested should, in the first place, apply to the Department of the Interior, and have the claim there examined.

We have forborne to express any opinion upon the merits of the claim for half-pay for life, as in our opinion it was long since barred by the statutes of limitations, which is a perfect answer to the claim. If Joshua Chamberlain was a captain in the revolutionary war, as alleged in the petition, the same evidence which would be sufficient to substantiate the claim for half-pay for life, would establish also the right to the bounty land.

We would add, also, that the claim for half-pay for life cannot be prosecuted by the heirs, but as it is personal estate, it must be enforced by the administrator. The case may be different as to the claim for bounty land, but it is unnecessary to examine that question at present.

As the case now stands, the petitioners have no cause of action against the United States.