B. Statement showing the receipts and expenditures of Wm. H. Russell, late collector at Monterey, California, commencing on the 23d of June, 1851, and ending on the 28th of May, 1853. RECEIPTS. 20,996 32 Total expenditures, from June 23, 1851, to May 28, 1853 $17,426 31 Since the adjustment of Mr. Russell's accounts, the following payments have been made to his two sons, as inspectors, viz: D. TREASURY DEPARTMENT, May 16, 1854. SIR: I have to acknowledge the receipt of your report of the 8th instant, setting forth your reasons for the disallowance of certain items in the accounts of W. H. Russell, esq., late collector of the customs at Monterey, California, for a revenue barge, payments to boatmen and servants, travelling expenses, candles for the use of his office, and of freights, repairs, and other small charges relating to the boat, and, in reply, to state that, having fully considered the same, I concur with you in the propriety of said disallowances. You will please communicate this decision to Mr. Russell. JAMES GUTHRIE, HUGH J. ANDERSON, Esq., Commissioner of Customs STATE OF CALIFORNIA, County of San Francisco. S Wm. H. Russell, being duly sworn, deposes and says, that he was duly appointed and enrolled as major of ordnance in the California battalion, commanded by Col. John C. Frémont, in California, about the month of October, 1846; that he continued to serve in that capacity until March 23, 1847, up to which time he received pay as major as aforesaid. He further states that, about that time, he was ordered on duty to the city of Washington by the said Col. John C. Frémont, then being his commanding officer; that he accordingly proceeded there, and arrived, by the way of New Mexico and Santa Fé, in July, 1847; that, during such time, he was in the service of the United States; that he kept in his actual service and employ three horses; that he employed two servants, not soldiers, to wit, Hosea Joakin and Salvador Batpisto; that he is entitled to and claims for himself the pay of his rank, also pay and rations and clothing for his servants, and forage for his horses; that he went out of service at Washington, on account of the discharge of the battalion aforesaid. That he actually employed and kept the servants and horses charged for herein, the said servants not being soldiers; that I have not received any pay, commutation, rations, forage or other compensation for the said service, or for my said horses or servants as aforesaid; that he is not indebted to the United States on any account whatever; that he resided at Fulton, Missouri, but received his commission in Los Angelos, California, and returned to California from Washington. He also claims transportation during the said journey and return. WM. H. RUSSELL, Late Major California Battalion. Sworn and subscribed to before me, this 16th day of December, A. D. 1852. SOLOMON A. SHARP, STATE OF CALIFORNIA, County of San Francisco, } set. On this 15th day of December, A. D. 1852, personally appeared before me, a notary public in and for said county, William H. Russell, well known to me to be the identical William H. Russell described in the foregoing application for pay for the services therein specified, and the said Russell being duly sworn, deposed to the truth of the matter and statements in said application. [SEAL.] said. Witness my hand and official seal, the day and date afore- TREASURY DEPARTMENT, Office of Commissioner of Customs, December 10, 1855. SIR: I enclose herewith a copy of my report to the Secretary of the Treasury, dated May 8, 1854, on the accounts of W. H. Russell, late collector of Monterey, California; and also the reports of the Second and Third Auditors on the claims of Mr. Russell, which have been referred to me by the Register of the Treasury. Very respectfully, your obedient servant, Hon. JEFFERSON DAVIS, Secretary of War. H. J. ANDERSON, Commissioner of Customs. TREASURY DEPARTMENT, Second Auditor's Office, December 4, 1855. SIR: In reply to the inquiries of the Solicitor of the Court of Claims, submitted by you on the 27th ult., for a report as to the reasons for the rejection of William H. Russell's claim for pay from the 24th March to the 24th August, 1847, and travelling allowance, as major of ordnance in the California battalion of mounted volunteers, I have the honor to enclose herewith copies of four letters addressed to Richard Burgess, esq., his attorney, which show the grounds upon which payment was refused. The letter marked No. 1 relates to his claim for travelling allowance; that marked "2" informs Mr. Burgess that the Comptroller concurred in my decision rejecting the claim for travelling pay, &c., and No. 3 relates to his claim for pay from 24th March to 24th August, 1847, and informs him of the concurrence of the Secretary of War in my decision rejecting it; and that marked No. 4 is the one rejecting the claim, with which the Secretary concurred, as above stated. The petition of Major Russell, endorsed by the solicitor, is herewith respectfully returned. I have the honor to be, very respectfully, your obedient servant, P. CLAYTON, Second Auditor. Hon. JEFFERSON DAVIS, No. 1. TREASURY Department, Second Auditor's Office, April 15, 1851. SIR: The claim of William H. Russell, late major of the California battalion of volunteers, under the command of Lieutenant Colonel J. C. Frémont, for travelling allowances from Los Angelos, California, to Fulton, Missouri, amounting to $633 22, presented by you on his behalf, has been examined and disallowed for the following reasons: I have not been able to find any evidence showing that Major William H. Russell was regularly discharged from the battalion of volunteers in which he served. The time and place of his discharge are unknown to this office. I find he left California in the month of March, 1847, with despatches for the War Department, under orders. from Lieutenant Colonel J. C. Frémont, addressed to him, not as major of the battalion, but as "secretary of state for California." Whether he was still considered as attached to the batallion or not, I have had no means of judging. By the 15th section of the act 29th January, 1813, an officer or soldier, when honorably discharged from the service, shall be allowed his pay and rations, or an equivalent in money, for such term of time as shall be sufficient for him to travel from the place of discharge to the place of his residence, computing at the rate of twenty miles to a day. The law requires an officer, as well as a soldier, to be honorably discharged from the service before he can avail himself of the benefits of the act. Major Russel does not show, nor do the records show, that he was discharged; and in the absence of such proof, and taking into consideration that he was acting as major of the California battalion, not by any authority of the United States, but under the orders of Lieutenant Colonel J. C. Frémont, who gave him his commission as major, and from whom he accepted said commission, I am inclined to the opinion that Major Russell cannot claim the benefit of the act of January, 1813. Again: the California battalion of volunteers were not only raised, but discharged in California; Major Russell was in California at the time the battalion was raised; how long before that period he was in that section of California, I have no means of knowing. He accepts his commission as major in California, and in his account, rendered to this office for adjudication, he claims travelling allowances from Los Angelos, California, to Fulton, Missouri, his place of residence. The inference, therefore, is, that Los Angelos was his place of discharge, although he does not so state; that California was his residence at the time he accepted his commission from Lieutenant Colonel J. C. Frémont, as major of the California battalion, and his home at Fulton, Missouri, appears to be clear from the facts of the case. Misapprehension arises in supposing that a man's home and residence are synonymous; it is compatible with reason to say that a person's home and residence may be at different sections of the country, at the same period of time. Major Russell's home may be, it is true, at Fulton, Missouri, but I conceive his residence was in California; for, from the order to him by Lieutenant Colonel J. C. Frémont, he is |