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Group Title: Origin and history of the "blue scrip," : or warrants issued by R.C. Williams, comptroller, under the act of February 8th, 1861, chapter 1175 of the laws of Florida, under the head of services" rendered to the State of Florida in the last war with the Seminole Indians."
Title: Origin and history of the "blue scrip,"
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 Material Information
Title: Origin and history of the "blue scrip," or warrants issued by R. C. Williams, comptroller, under the act of February 8th, 1861, chapter 1175 of the laws of Florida, under the head of services" rendered to the State of Florida in the last war with the Seminole Indians."
Alternate Title: Blue scrip
Physical Description: 48 p. : ; 22cm.
Language: English
Publisher: I. B. Hilson, state printer
Place of Publication: Tallahassee
Publication Date: [1895?]
 Subjects
Subject: Seminole War, 3rd, 1855-1858 -- Claims   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
non-fiction   ( marcgt )
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Bibliographic ID: UF00055644
Volume ID: VID00001
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 000129807
oclc - 01648372
notis - AAP5823

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Full Text








ORIGIN AND HISTORY

OF THE


"Blue Scrip," or Warrants

ISSUEn BY

R, C. WILLIAMSICOMPTROLLER,

UNDER THE ACT OF

FEBRUARY 8TH, 1861,


Chapter 1175 of the Laws of Florida,

UNDER THE HEAD;OF SERVICES

"Rendered the State of Florida

IN THE

Last War with !the:SeminoleIndians."



'I. B..HILzo0.,
STATEPRINTI5R,
TAr.LAALmn. '






Fosa
F(ns






















The claims herein referred to have no connection what-

ever with, and are entirely separate from, the claims

actually paid by the State of Florida and filed as the

basis of the claim against the United States, set out in

"Executive Document No. 68" and recently paid to the

State of Florida under "Public act-No. 124" by the Gen-

eral Government.







CHAPTER 1.175-(No. 82.)
An Act to provide for the payment of the Florida Volun-
teers and others, who have not been paid for services
actually rendered the State of Florida in the last War
with the Seminole Indians.
Section 1. Be it enacted by the Senate and House of
Representatives of the Statc of I lorida in General Assem-










seinbly convened, That the Comptroller of this State
be and he is hereby required to audit and allow,
and the Treasurer of this State is hereby re-
quired to pay upon warrant from the Comp-
troller, all amounts due Volunteer Companies, or person
or persons performing volunteer service, transportation,
or in any manner doing service or furnishing supplies for
the State of Florida in the last Seminole Indian war in
said State, who have not been paid for the same.
Sec. 2. Be it further enacted, That said companies,
or person or persons who actually did service for the
State during the time of said war, shall be allowed the
same compensation for their services, subsistence, sup-
plies, transportation, etc., as is allowed by the laws of
late the United States of America, and the said Comptrol-
ler shall be governed by said laws in making allowances
to the companies and persons herein and above enumer-
ated.
Sec. 3. Be it further enacted, That it shall be at the
option of said volunteer companies, person or persons
mentioned in the first section of this act, to receive from
the Comptroller of Public Accounts warrants upon the
Treasury, ,or to avail themselves of the provisions of an
act approved January 7th, A. D. 1853, entitled an act
to provide for the payment of Captains Sparkman, Par-
ker's, and other volunteer companies for service in the
year 1849.
Sec. 4. Be it further enacted, That if there be any
monies remaining in the Treasury or in the hands of any
officer of this State raised by virtue of an act to provide
for the payment of the debts of the State, approved 27th
December 1856, the same shall be paid pro rata upon
the warrants or scrip issued according to the provisions
of this act, and the said act to provide for the payment
of the debts of the State, approved 27th December, 1856,
shall, and the same is hereby in full force, and the money
may be raised by the provisions of said last mentioned act









to pay the sums found by the Comptroller to be due and
owing by the provisions of the first section of this act.
Sec. 5. Be it further enacted, That the person or per-
sons applying for the benefit of this act shall make af-
idavit before the Judge of Probate of the county in which
he or they reside, that he or they has or have actually
rendered the service of the kind and for the time speci-
fied, or that he or they has or have actually furnished
provisions, &c., for which he or they claim remuneration,
which shall also be sworn to by three disinterested mem-
bers of the company to which the claimant belonged, or
for which the supplies were furnished or services ren-
dered, and the claimant or claimants shall also make af-
fidavit that he or they has or have never been paid for
said services, &c., either by the late United States of
America or by the State of Florida, after which the
Judge of Probate shall certify he has reason to believe
and does believe that the persons making the affidavit
aforesaid are the persons they represent themselves to
be, and that he believes them to be men of veracity; and
shall affix his proper seal of office to the same, upon the
production of which certificate by the person so enti-
tled, or his agent or attorney, the Comptroller shall issue
his warrant as aforesaid.
Sec. 6. Be it further enacted, That whenever the pro-
visions of this act are complied with, it shall be the duty
of the Comptroller to issue warrants on the Treasury for
the amounts due said companies, person or persons, or
issue script according to the provisions of the act ap-
proved January 7th, 1853, entitled an act to provide for
the payment of Captain Sparkman's, Parker's and other
volunteer companies for services in the year 1849, as the
said companies or individual members thereof, person
or persons, their agents or attorneys, may elect to re-
ceive.
Sec. 7. Be it further enacted, That the warrants or
State script issued as aforesaid, shall be paid out of any










moneys in the Treasury not otherwise appropriated, when-
ever the same shall be by the holder thereof presented at
the State Treasury.
Passed the House of Representatives January 26th,
1861. Passed the Senate February 1st, 1861. Approved
by the Governor February 8th, 1861.

(ORDINANCE No. 60.-Adopted July 27, 1862.
"Be ordained by the people of the State of Florida in
convention assembled: That the act of the general as-
sembly, approved February 8, 1861, and entitled 'an act
to provide for the payment of the Florida volunteers and
others who have not been paid for services actually ren-
dered the State of Florida in the last war with the Semi-
nole Indians,' be and the same is hereby repealed, and the
payment of all warrants issued by the Comptroller under
the said act be suspended."


The following ordinances are published in connection
with the Constitution of 1868, Page 53, McClellan's Di-
gest of the Laws of Florida:
Sec. 8. "All State Treasury Notes issued, and all other
liabilities contracted by the State of Florida, on or after
the 10th day of January, A. D. 1861, to the 25th day of
October, A. D. 1865, except such liabilities as may be
due to the seminary and school funds, and such other
liabilities as are provided for by this Constitution, be
and are declared void, and the General Assembly shall
have no power to provide for the payment of the same
or any part thereof."
Ordinance adopted by Convention, November 6, 1865.
Sec. 9. "The ordinance in relation to State Liabilities
and Treasury Notes shall not be so construedto invalidate,
impair, or make void any bona fide contract or liability
of the State of Florida, incurred or undertaken prior to
the date of the ordinance of secession: Provided, That










this ordinance shall not apply to any claims which have
heretofore been declared fraudulent or have been re-
jected by the State."
Ordinance adopted by Convention, November 7, 1865.


CHAPTEE 3113-(No. 15.)
AN ACT to Provide for the Examination and Settlement
of Claims against the State of Florida for Services
rendered during the Last Seminole Indian War, and
for the Settlement of Claims of the State of Florida
against the United States.
The People of the State of Florida, represented in Sen-
ate and Assembly, do enact as follows: Section 1. That
the Governor is hereby empowered to appoint three suit-
able persons, who shall constitute a Board of Commission-
ers, to examine and approve or reject any and all war-
rants issued by the Comptroller of this State in payment
for services rendered during the last Seminole Indian
war, under and by virtue of chapter 1175 of the laws of
Florida, approved February 8, 1861, which may be pre-
sented to said board.
Sec. 2. Any person presenting any warrant as afore-
said, shall by himself or herself, his or her agent or at-
torney, make affidavit and file the same with the said
board that he or she is the original payee named in said
warrant and actually rendered the services for which the
same was issued, or that he or she actually became the
owner of the same for a valuable consideration and
without notice of any defect in the said warrant,
or that he or she are the legal heirs or assigns of the
original payee, or of the bona fide purchaser of the war-
rant or warrants presented, and shall produce such other
evidence as to the validity of the original claim for which
the said warrant was issued, or any part thereof, as the
said board may in each case deem proper and be satisfac-
tory to said board.









:Sec. 3. Every warrant examined and approved shall
be so endorsed by the chairman of said board and de-
posited with the Comptroller; and the Comptroller shall
thereupon make and deliver to the owner or holder of
such warrant his certificate, under the seal of his office,
that the warrant specified therein had been so examined,
approved and surrendered, and that the holder of said
certificate is entitled to the amount of said warrant.
Sec. 4. That the said board shall, without unnecessary
delay, give such public notice as it may deem necessary
for all persons holding said warrants to present the same
for examination.
Sec. 5. That the Governor is hereby authorized and
empowered to appoint a commissioner with power to
proceed to Washington and to adjust the claims of the
State of Florida against the United States; and the
moneys paid by the United States, or so much thereof as
may be necessary for that purpose, shall be and are here-
by appropriated for the payment of the certificate issued
as aforesaid, and to defray the expenses of the said
Board of Commissioners; and the sum of two thousand
dollars, or so much thereof as may be necessary, from
any moneys in the State Treasury not otherwise appro-
priated, is hereby appropriated to defray the expense
of said commissioner to Washington, and the incidental
expenses of the said commission.
Approved March 11, 1879.

TALLAHASSEE, January 20, 1881.
His Excellency W. D. Bloxham, Governor:
By authority of an act approved March 11, 1879, a board
of three commissioners, consisting of Robert Bullock, W.
C. Brown and W. K. Beard were appointed in December,
1879, to "examine and approve or reject any and all war-
rants" issued by the Comptroller under and by virtue of
an act approved February 8, 1861. (Chapter 3113, Laws
of Florida).









As required by the act of 1879, the Commission gave
notice that they would hold a session at Tampa, but, from
the inability of members of the Commission to attend
at the appointed time, the meeting was postponed to a
future day, of which notice was also given. At this last
date a quorum of the Commission met at Tampa, and
held a session, receiving, examining and filing such war-
rants as were presented.
The second section of the act creating the Commission
conferred upon them power to require such evidence as
to the "validity of the original claim" upon which war-
rants had been issued as the Board might deem neces-
sary. At this, the very threshold of the investigation,
the Board were confronted with difficulties that have
been insurmountable. These difficulties have been great-
ly enhanced by the failure of the law creating the Board
to confer upon them power to send for persons and pa-
pers, or to administer oaths. Yet it came to the knowl-
edge of the Board, from sources it could not ignore, that
a large portion of the warrants in question were tainted
with fraud, forgery and perjury, while others were issued
to persons having, in the opinion of the Board, no claims
whatever against the State. The Board further found
that a great part of the warrants were in the hands of
third parties who could give no evidence as to the "validi-
ty of the original claims."
In this dilemma the Board determined to examine no
more warrants then, but to meet at Tallahassee, where
access could be had to contemporaneous correspondence,
and other documentary evidence bearing upon and relat-
ing to the service for which the warrants were issued.
In pursuance of this plan, the Board invites your at-
tention to the following extract from a special message
of Governor MT. S. Perry to the Legislature, dated Decem-
ber 9, 1859:
"In this connection I would call your attention to the









fact that no claim for services prior to the mustering
in of the several companies has been paid. In several
instances companies were organized on the first outbreak
of the Indians, without awaiting orders, and promptly
marched to the defense of the unprotected inhabitants,
who were being masacred by the savages, and actually
performed active and arduous services for which they
have not been paid. This service was recognized and
approved by the Executive, but the agent has not felt au-
thorized to pay from the day of enrollment, but from the
date of mustering in, in accordance with the army regu-
lations of the United States. I would respectfully rec-
ommend that the several companies of State troops be
paid from the date of enrollment, upon satisfactory proof
being made that they did actually perform active service
in suppressing Indian hostilities." (Senate Journal, ad-
journed session, 1859, page 102.)
From this extract the Board are constrained to believe
that the then Executive only referred to and recognized
the services of those volunteers on the frontier whose or-
ganizations had been authorized and recognized by his
predecessor, and for the period embraced between the
date of their enrollment and the date of their actual
muster into the service of the State. The nature of this
service and what was expected of the volunteer forces of
the State is plainly indicated in the correspondence with
and instructions to General Jesse Carter, (the special
agent of the State, as will hereafter appear). On the
18th March, 1856, Governor Broome wrote General Car-
ter: "I notice that you have ordered one-half of each
company to be actively employed on the frontier, while
the remaining half should be encouraged in planting and
cultivating, to be relieved alternately, as the commanders
may deem advisable." This order is liable to serious
objection. We want the United States to pay these par-
ties, and it is not likely that we shall get our accounts







11

passed for a full company when only half are in service,
and even if no pay is required except for the time in the
field, the disproportion of officers to privates would oper-
ate as a bar to our recovery. Again: It is not fair
to reduce the force while other sections of the State are
calling for protection for which I have not the ability to
grant. If the organization of companies on the frontier
interferes with the agricultural interests to such an extent
as to forbid the organization to be preserved, it would be
better to muster them out, and let me supply their places
from the interior. If such a course be desirable. I can
furnish substitutes at short notice. So far, then, as this
order is concerned, you will please countermand it, and
notify the commanding officers that the State troops must,
at all times, be efficient and ready to march at an hours'
notice in pursuit of the enemy. (Appendix to Journal
of 1856, page 44).
But it is claimed that the act of 1861, under which the
warrants now in question were issued, is more compre-
hensive in its provisions, and was intended to embrace
a different class of service.
The first section of that act provides that the Comptrol-
ler be required to audit and allow "all accounts due
volunteer companies, or person or persons, performing
volunteer service, transportation, or in any manner doing
service, or furnishing supplies, for the State of Florida,
in the last war with the Seminole Indians in said State,
who have not been paid for the same."
The fifth section of this act restricts the board and com-
prehensive language of the first section, by providing that
that the affidavit made by the claimant shall be "sworn
to by three disinterested members of the company to
which the claimant belonged, or for which the supplies
were furnished, or services rendered," which seems clearly
to require that a company shall have been Organized, as
distinct from "person or persons" as used in the first sec-
tion; and, in the opinion of the Board, in order that such








12

an organization could have existed at all, so as to entitle
them to compensation, they must have been authorized
and recognized by, and subject to the orders of, the con-
stituted authorities of the State.
The act of 1853 (Chapter 555, Laws of Florida) which
was the authority of the Governor for calling for volun-
teers in 1856, provided in Section 12 that these troops
"shall not be entitled to nor receive any pay from the
State until they have received orders to march into the
Indian territory for the protection and defense of the
same."
The warrants issued in 1861 by Comptroller Williams,
under the act of February 8th, 1861, were in payment for
two distinct classes of claims. The first class were for
those volunteers who rendered service on the frontier
in the early part of 1856, and who were recognized then
by the Governor, and subsequently mustered into the ser-
vice of the State under the act of 1853. The muster rolls
furnish the data for these claims; and for the amounts
due these companies a. correct statement could have been
made by Comptroller Williams in 1861. They are the
best evidence as to the validity of the original claims.
The second class were those for whose organization the
Board can find no authority whatever, and who were
never recognized, by or known to, the State authorities,
as far as there is any record of the fact, up to the filing
and payment of their claims.
The Commission desire to present their views in regard
to these two classes of claims separately.

THE FIRST CLASS.

This class comprises the following companies, with
period of service, and amounts paid to each by Comptroller
Williams:
E. T. Kendrick's, for various periods in 1856..$ 430 86
Asa. Stewart's, from 10th of July to 30th of Sep-








13

tember, 1856............................ 497 10
John McNeill's, from 19th of January to 14th
of May, 1856.......................... 2,064 16
W. H. Kendrick's, from 1st of January to 26th
of February, 1856........................ 17,077 01
L. G. Lesley's, from 3d of January to 11th
of March, 1856 .......................... 4,945 52
A. D. Johnson, from 25th of December, 1855, to
26th of February, 1856.................. 21,014 79

$46,029 44
And F. M. Durrance's, from 29th of December,
1855, to 22d of February, 1856. It has been
impossible as yet to tell the exact amount in
warrants issued to this company, but is be-
tween $1,600 and $2,000, say.............. 1,800 00

$47,829 44
Under the act of 1853 the Executive of the State was
empowered and required to organize a volunteer force
for the final removal of the Indians, or for the suppres-
sion of Indian hostilities, to be called out whenever actual
hostilities commenced. Hostilities commenced in Decem-
ber, 1855, by the Indians attacking Lieutenant Hartsuff,
of the United States Army, and his command. Before
the decision of the Executive could be had, volunteers or-
ganized themselves into companies, elected officers, and
marched to the frontier.
Onthe 4th of February, 1856, Governor Broome ap-
pointed General Jesse Carter, of Tampa, a special agent
for the State, and on the same day instructed him to mus-
ter certain companies into the service of the State. In
these instructions General Carter was directed to "dili-
gently enquire and ascertain upon what day each of these
commands entered upon active frontier service in sup-
pressing Indian hostilities since the attack upon Lieu-
tenant Hartsuff and his command, and the day upon









which each individual of each command entered upon
such service, and report the same to this department."
Governor Broome recognized the services of these compa-
nies as for the State, from the date < f their enrollment,
and entering upon active service, and assured them that
he would use his "best endeavors" to have them paid. Ac-
cording to instructions, General Carter mustered these
companies into the service of the State, and it is for their
service prior to this muster that they were entitled to
pay. And as far as the Board have been able to obtain
these muster rolls, they are.prepar d to state with ex-
actitude, the amounts that were d:-e to each company
at the time they were paid by Comptr~lle. Vi:lina.s.
The Board ascertained recently that all of these muster
rolls were on file in the War Department at Washing-
ton city, and on the 21st of December last Governor
Drew made application for copies of them, but these we
regret to say, have not yet been received and the Commis-
sion have the rolls of only two companies, to-wit., W. H.
Kendrick's and L. G. Leslev's.
The companies comprised in this class were paid in
1859 by Colonel John W. Pearson, by authority, and un-
der instructions from Governor M. S. Perry, from the
date of their actual muster into the service of the State
to their final discharge. Colonel Pearson construed his
instructions from the Governor to limit him in their pay-
ment to the period of their muster, and hence did not
pay them for services previous to that date; and it was
to this service that Governor Perry referred in the mes-
sage before quoted.
From these muster rolls the Board are able to give
the history, and a statement of the amount that should
have been paid to two companies, viz: W. H. Kendrick's
and L. G. Lesley's.










W. H. KENDRICK'S COMPANY.

This company was mustered into service on the 26th
day of February, 1856, and the muster roll gives the fol-
lowing history of its enrollment:
January 1st, 1856.-Three commissioned officers, 8 non-
commissioned officers, 2 musicians, 1 farrier and black-
smith and 3 privates.
January 9th, 1856.-Eight privates.
January 26th, 1856.-Forty-seven privates.
February 20th, 1856.-Four privates.
.February 26th, 1856.-Seven privates.
The pay roll we have made upon the basis of this muster
roll shows that there was due to this company for serv-
ices prior to their regular mustering in, $4,037.49, after
making all allowances for subsistence and forage to which
they were entitled, if these were supplied by themselves.
If the company was not entitled to these allowances by
reason of the State having supplied them, then they were
entitled to only $2,518.85. It will be observed, too, from
the statement given as to the dates of the enrollment
of this company, that the 26th of January is the earliest
date at which Captain Kendrick had such a company as
would entitle him to the full complement of commissioned
and non-commissioned officers, but in our estimate we have
dealt with it as a full company.
The pay rolls made for this company in 1861, for this
term of service, and upon which they were then paid by
Comptroller Williams, show that there were warrants is-
sued to them to the amount of $17,077.01, which includes
$7,362.26 for subsistence and forage with which the com-
pany claimed to have supplied themselves. Yet after
making this allowance to both officers and men on the pay
rolls, Captain Kendrick claimed, and was paid, an ac-
count for forage furnished by him amounting to $3,700.
Either this account was improper or the pay rolls for
these items should have been this much less.









It is true that while the charges for subsistence and
forage are made on pay rolls claiming to cover a period
from the 1st January to 26th February, 1856, the af-
fidavits show in a few instances, that the claim was for
forage and subsistence during a period after their regu-
lar muster into the State service.
In regard to the claim, and allowance in pay rolls for
subsistence and forage as having been supplied by them-
selves, the Board desire to make the following state-
ment, as derived from the correspondence and accounts
of General Jesse Carter, the special agent of the State at
Tampa.
Among other duties of General Carter, ,he was charged
with those pertaining to the Quartermaster's, and Com-
missary Departments, or with subsisting and foraging
the State's troops. The accounts and correspondence be-
tween the Executive and General Carter show that large
sums of money were remitted to, and received by General
Carter, and disbursed by him for the purposes above in-
dicated. This correspondence up to the meeting of the
Legislature in 1856, is contained in the Appendix to the
Journals of that year, transmitted with the Governor's
message. In addition to this (and supplying much need-
ed information) the record; or letter book of General Car-
ter during the last Indian war, was sent to the Board re-
cently by Mr. W. C. Brown, of Tampa, one of the ap-
pointed Commissioners, and prevented from attending
here, we regret to say, by sickness. From this record
the Commission find that on the 12th of August, 1857,
General Carter wrote to Governor Broome as follows:
"I have the honor to transmit herewith duplicate ab-
stracts of accounts against the State remaining unpaid,
covering all items of expenditure, except pay for services,
from the commencement of service-December 25th, 1855,
to June 30th, 1857, which amounts to the sum of $44,-
845.15. To this I have added amount disbursed on all
accounts to same date, $26,881.06. Total expenditure
for the time stated on all accounts pay for service ex-









eluded, $71,726.21. I deem this data reliable, the ab-
stracts submitted being based upon the abstract of ac-
counts paid and unpaid now made up."
General Carter seems to have had some difficulty (in
fact he so wrote the Governor early in the spring of 1857)
in getting these accounts from commanders of companies,
or those who had furnished the supplies, forage, etc., for
on the 20th of January, 1857, he sent Mr. Samuel E. Hope
with instructions to "repair to Hernando and Sumter
counties, and collect from claimants all accounts, cer-
tificates, etc.," for supplies, hire of teams, etc., and "es-
pecially to call for accounts for supplies to Captain A.
D. Johnson's company for two terms in 1856."
The statement above of General Carter shows that he
had disbursed $26,881.06, and that there then remained
unpaid $44,845.15 for supplies. The reports of the Treas-
ury Department show that there was paid during the
years 1856 and 1857 for these expenses (subsistence and
forage) the sum of $72,024.85, of which the sum of $43,
442.81 was paid in the fall of 1857, after General Carter
had rendered his abstract of accounts remaining unpaid.
We have stated before that the troops of the class to
which Captain's Kendrick's company belonged were paid
by Colonel John W. Pearson covering the period of their
mustering in, and discharge. These pay rolls show that
the officers, ,and their servants were allowed, and paid,
for subsistence and forage, presumably upon the claim
that they had supplied themselves. But no allowance is
made for these items to the non-commissioned officers or
privates, and the Board are constrained to believe that
had they or any of them supplied themselves with subsist-
ence and forage, they would then have made their claims.
Colonel Pearson had ample means in his hands for their
payment, as his report to the Governor shows that he
turned into the Treasury, after paying these troops, $28,-
684.
In addition this charge on the pay rolls paid by Comp-









troller Williams, the Board find that the rolls are made
in each case to cover the period from the 1st day of Janu-
ary, 1856, to the 26th of February, 1856, whereas the
muster roll shows that on the 1st of January Captain
Kendrick had only three (3) privates; that eight joined
on the 9th, and forty-seven on the 26th of January, and
four on the 20th. and seven on the 26th of February. And
again, that there are many names on the pay rolls paid
by R. C. Williams that do not appear on the muster roll
at all.
The Board have not had time to go into an investigation
on this point, but they find, in one instance at least, that
members of this company were paid for the same charges
on the pay rolls of J. W. Pearson. and those of R. C. Wil-
liamis. Second Lieutenant John Knight, of this company.
was allowed and paid by J. W. Pearson for subsistence
and forage from the 26th of February, 1856, to 28th of
August, 1856. On the 27th of March, 1861, Lieutenant
Knight made affidavit that he had supplied himself with
subsistence, and his horse with forage from the 26th of
February to the 1st of June, 1856, and upon this affidavit,
he was allowed and paid by R. C. Williams. The signature
to the receipt to the Pearson pay roll is apparently writ-
ten by Lieutenant Knight. and witnessed by W. H. Ken-
drick, while the affidavit upon which he was paid by R.
C. Williams is signed with his X mark.
A summary statement as to the amount that was due
this company, as ascertained by" the Board from the mus-
ter rolls, and the amount paid him by Comptroller Wil-
liams, is given hereafter in this report.
CAPTAIN L. G. LESLEY S COMPANY.
This company was mustered into the service of the
State on the 12tth of March, 1856. The muster roll gives
the following facts in regard to its enrollment:
January 3d, 1856-One Captain, 1 First-Lieutenant,
6 non-commissioned officers. 1 bugler, 14 privates.
January 10th, 1856--Thirty-four privates.









February 8th, 1856-Five Privates.
February 18th, 1856-Fifteen privates, 2 Sergeants, 1
bugler, 1 farrier and blacksmith.
February 22d, 1856-One Second-Lieutenant.
March 12th, 1856-Three privates.
Taking the dates of enrollment as given by the muster
roll, and this company was entitled to pay for their serv-
ices up to the date of actual muster, f3,764.47, exclusive
of any allowance for subsistence and forage, or if al-
lowed for these items, they were entitled to $4,946.21.
The pay roll presented for pay to R. C. Williams claims
$4,945.52; so that, if the charge for subsistence and for-
age as having been supplied by themselves is correct, then
there is only a difference of 69 cents between the amount
claimed, and the amount found to have been due by this
Commission.
SIt is claimed that warrants were never issued to this
company except in a few instances, amounting, in the ag-
gregate, to $572.97, and this claim the Board are inclined
to believe true. The pay roll presented to the Comptrol-
ler is signed as receipted on the margin, opposite each
name, by S. Turnau, as attorney, but the usual receipt for
the aggregate amount is not signed as in other cases.
indicate that the warrants, .cal.sb.,oFi(cmfwyhrdcmwf
Again, the letter "i)" is placed opposite certain names
to indicate that the warrant was delivered. and the
amounts due t!'?se ra:' :s (,"::; in tihe aggregate $572.97,
which agrees with certain warrants delivered Judge
Turnau.
Unfortunately for this inve-stigation the payments made
by R. C. Williams were. in a lI.rge majority of cases,
in aggregate sumns, to attrrney-s. some warrants being
for over :*?.,.. .',1u. to that it is dil~fcult, and, in fact,
in some cases, impossible to identify any particular war-
rant, or to ascertain the proper voucher for such warrant.
The Commission are induced to believe, however, that
the facts can be ascertained in regard to Captain Les-








ley's company.
As before stated the companies of W. H. Kendrick and
L. G. Lesley are the only ones in this class of which we
can give a full history and determination, as to what
amounts were due them. Of the remaining companies of
this class, the amounts claimed of, and paid by RB. C.
Williams, with the exception of A. D. Johnson's company,
were small, as will be seen from the tabular statement
before given.
A. D. JOHNSON'S COMPANY.
This company was mustered into service on the same
day with that of Captain W. H. Kendrick, viz: on the 26th
day of February, 1856, from which date it was paid by
J. W. Pearson. These facts we obtain from the corre
spodence of General Carter and from the pay rolls of
Colonel Pearson. The muster roll the Commission have
not yet been able to obtain. The correspondence of Gen-
eral Carter with the executive shows that this company
was raised or enrolled, about the same time Captain
Kendrick's was, and that it contained about the same
number of men. Taking, then, Captain Kendrick's com-
pany as a basis for an estimate for this company, and
there was due them for service prior to their muster into
the service of the State, the sum of $4,037.49. There
was paid to this company by R. C.Williams in 1861, the
sum of $21,014.79. On these pay rolls is full allowance
to both officers, and men for subsistence and forage as
having been supplied by themselves. Yet Captain John-
son claimed, and his claim was allowed and paid by Comp-
troller Williams, an account for forage as furnished by
him amounting to $6,200.00. As in a similar charge by
Captain Kendrick, this account is entirely unfounded, or
the allowance for these items on the pay rolls should have
been this amount less.
The following summary statement shows the amounts
paid, and the amounts that should have been paid, to these
three companies:










To W. H. Kendrick's Company, paid by
R. C. Williams .............. ....... $ 17,077 01
There was due this company............ 4,037 49
Overpaid...........................................$13,039 52
To A. D. Johnson's Company, paid by R.
C. Williams..................... .....$ 21,014 79
There was due this company............ 4,037 49
Overpaid...........................................$16,977 SO

Overpaid these two companies.....................$30,316 82
There was due L. G. Lesley's Company..$ 4,946 21
Pay Rolls presented to R. C. Williams.. 4,945 62
Under-claimed..................... .... ................ 69

The remaining companies of this class paid by R. C.
Williams, with amounts paid, are as follows:
E. T. Kendrick's Company .....................$ 430 86
Asa Stewart's Company......................... 497 10
John McNeil ..................................... 2,064 16
F. M. Durrance, as far as can be naw ascertained,
about......... .......... ....................... 1,800 00
What errors were committed in these last four compa-
nies cannot be ascertained until the muster rolls are
received and examined.
All estimates made by the Commission have been based
upon the idea that these companies supplied their sub-
atance and forage themselves. Whether this is correct
or not cannot be determined without a minute and de-
tailed examination of General Carter's accounts and
vouchers; and as these papers are now on file in Wash-
ington City, in support of claims against the United
States now pending, the Beard are unable to make this
examination.
It will be recollected that General Carter claimed that
all of these expenses had been borne by the State, and
that the books of the Treasury department show that the
accounts rendered by General Carter had been paid.
SECOND CLASS.
We come now to the consideration of the second class
of claims paid by R. C. Williams. This class comprised









the following organizations, and we give the periods of


service, and amounts paid to each:
W. W. Slone's Company, from 22d January, 1857, to
3d March, 1858 .......... ........ ............. $
J. J. Carter's Company, from 27th December, 1855,
to 11th July, 1856 ............................
T. C. Ellis' Company, from 14th February, 1856,
tc 14th May, 1856..........................
Robert Bullock's Company, from 26th February, 1856,
to 8th Septenber, 1856..........................
Moses Horn's Company, from 15th January, 1856, to
15th April, 1856...... .........................
A. Jarnigan's Company, from 1st January, 1856, to
10th March, 1856....... .......................
J. P. urighton's Company, from 15th February, 1856,
to 10th July ,185C..............................
Joshua McGahegan's Company, from 1st April, 1856,


75,514 10

473 30

8,232 96

4,080 54

2,353 50

5,057 54

11,777 04


to 1st November, 1856.......................... 10,287 50

: $117,776 48
After having made diligent and exhaustive examination
of all the correspondence contemporaneous with this
service, as well as all other documentary evidence in any
way bearing upon the subject of compensation for serv-
ices ,or supplies, or transportation, during the last war
with the Seminole Indians, the Board have been unable to
find any mention of, or allusion to, any service or supplies
other than that referred to in the extracts from the mes-
sages of Governors Broome and Perry before given.
It would seem, therefore, that it was the intention of
Governor Perry to recommend only the payment of such
troops as had not been paid from the date of their enroll-
ment to the date of their muster. The Board are unable
to find any Executive recommendation for the payment of
any other service, or even the knowledge of the existence
of any other serviceSand the conclut#on is Irresistable,lthat
the Legislature had in view only this service when it
passed the law approved Feb'y 8th, 1861, under and by
virtue of which all the warrants were issued.









The Board find that most of these warrants were issued
for this second class of service.
These organizations were in the nature of neighborhood
associations, in counties remote from the frontier, and
only for protection against actual Indian incursions.
As a sample of these organifiations, and perhaps the
best, being the largest and receiving nearly one-half of
the warrants issued, we ask your attention to the com-
pany commanded by Captain W. W. Slone.
This company made claim for service from the 22d
January, 1857, to the 3d of March, 1858, and received
Comptroller's Warrants for such service (including al-
lowance for subsistence and forage) amounting to the
sum of $75,514.10.
As early as the 31st December, 1856, General Carter
wrote Governor Broome that he would "soon be able to
report the State entirely relieved of her military bur-
dens;" and on the 16th January, 1857, he wrote Captain
Thomas Hughey that the "State forces have been entirely
disbanded, and General Harney does not desire State co-
operation."
On the 8th of May, 1857, Governor Broome, then in
Washington, addressed a communication to the Secretary
of War giving a detailed history of the outbreak of the
Indians, ,and the circumstances that had made it neces-
sary to call out State troops, and asked that the services
of these troops be acknowledged as for the United States.
The Secretary of War, in acknowledging this letter, ac-
cepts the explanation as given by the Governor, and says
he will direct the officer commanding United forces in
Florida to have these State troops "mustered into and
out of the service of the United States, in order that they
may be paid," and in reply to this letter Governor Broome
advises the Secretary of War that this muster cannot
be made, as the State troops "had long since been dis-
banded."
It will be seen, therefore, that at the time this com-









pany claimed to have performed service, General Carter
says, "the State forces have been entirely disbanded, and
General Harney does not desire State co-operation," and
Governor Broome says to the Secretary of War that the
State troops have "long since been disbanded."
In further evidence of the nature of this organization,
and of the service rendered, we give the affidavits of W.
W. Slone who commanded, and of S. A. Curry, who was a
member of this company, taken before the chairman of
this Board on the 25th December, 1880:
STATE OF FLORIDA,
Sumter county.
Be it remembered that on this, the 25th day of Decem-
ber, A. D. 1880, personally came before me the under-
signed, a Notary Pubic for the State large, W. W. Slone,
who, being duly sworn, deposes and says as follows, to-
wit: That on or about the 27th day of January, 1857,
he organized a company of mounted volunteers, and com-
nianded said company as Captain, from time to time,
until the 3rd of March, 1858. The object of the organi-
zation was for home protection against the Indians believ-
ing his section to be exposed to great danger. During
the period of 'the organization of his companies, from
January, 1857, to March. 1858, said companies did of
actual field service to the extent of three months or there-
abouts; that to the best of his recollection his company
consisted of thirty or thirty-five men, who did service al-
ternately in squads of fifteen to twenty-five; that when
not in actual service the men were at their respective
homes engaged in their usual vocation; that when the
service was being performed it was not believed by the
men under his command that they would be paid for the
same, and that he was surprised that the act for the pay-
ment of the Florida volunteers, &c., approved March 8,
1861, had been so construed as to cover such service as
his and other similar organizations in other sections of









the State; that he was induced to make claim for his two
six months' term of service, only after being repeatedly as-
sured by men of intelligence and reputed integrity, that the
law intended to pay, not only for the service actually per-
formed, but for the time he preserved his organization,
and that upon reading the act for himself he believed its
letter if not its spirits would bear such interpretation.
This deponet further states that he had nothing to do with
the making out the pay rolls of his companies; that he
knew nothing of the pay allowances of an officer; that he
appointed M. C. Peterson his attorney; that he did not
know until this day his attorney had claimed pay for a
servant; that he had no servant, and no such allowance
should have been made. The deponent further states that
to-day, for the first time, he had had access to the list of
names of persons who drew pay as members of his com-
panies, and that he finds the names of many who did no
service at all, others whom he never heard of or saw, and
others he has good reason to believe were forged. This
deponent further states that he never bought, owned or
had any interest in the claim of any member of his com-
panies, and that a most unmitigated fraud has been per-
petrated upon the State by men who claimed to be mem-
bers of his companies.
W. W. SLONE.
Sworn to and subscribed before me, R. Bullock, Notary
Public, State at large.
STATE OF FLORIDA,
Sumter county.
On this 25th day of December, 1880, personally appear-
ing before me, R. Bullock, Notary Public, S. A. Curry,
who,, being sworn, says that he never was a member of
Captain W. W. Slone's company, and never authorized
B. 0. Grenard to make claim for his services as such, and
if there is any such claim in his name it is a forgery.
S. A. Cunay,
Sworn to and subscribed before me, R. Bullock, Notary









Public, State at large.
The Board are informed and believe that both Captain
Slone and Mr. Curry are men of high character and indis-
putable integrity; and that the facts as set forth in their
affidavits, are true in all respects the Board have not the
least doubt.
Here then is an organization for which claims were
made, ,and warrants issued to the amount of $75,514.10,
upon the representation that it contained, officers in-
cluded, 82 men, and rendered service from the 22d day of
January, 1857, to the 3d day of March, 1858, while the
commander of the organization swears that it contained
only thirty to thirty-five men, who did service alternately
in squads of fiften to twenty-five, and that in all this serv-
ice amounted to "three months or thereabouts." That
he had seen on the 25th day of December, 1880,for the first
time, the list of men claiming to have belonged to his or-
ganization, ,and that this list contains the names of many
who did no service at all, others whom he never heard
of or saw, and others whose names he has good reason
to believe were forged; and that he was induced to "make
claim for his two six months term of service only after
being repeatedly assured by men of intelligence and
reputed integrity that the law intended not only to pay
for the service actually performed, but for the time he
preserved his organization, and he admits that upon
"reading the act for himself be believed itseletter, if not
its spirit, would bear such interpretation." We can well
see how an unsuspicious man could be led astray, as well
by the designs of others as the ill-concealed purpose of
the act. The law was adroitly drawn, and, as the Com-
mission believe, with a purpose that escaped the atten-
tion of the Legislature. Governor Perry, in his message
to the Legislature of November 1st, 1861, says, after cal-
ling attention to the act of 1861: "You will see by the
report of the Comptroller, that under his act he has is-
sued warrants to the amount of one hundred and sixty-









eighl thousand five hundred and twenty-four dollars and
eighty-three cents, an amount far exceeding, if the Ex-
ecutive is rightly informed, the contemplation of the
General Assembly when the act was passed. The Comp-
troller felt compelled by the law to issue the warrants
when the claims were made according to the provisions of
the act. The Legislature were actuated by the noblest
motives in enacting the law, but doubtless frauds have
been committed under its provisions, and the most rigid
scrutiny, by legal enactment, is recommended." (Senate
Journal, 11th Session, 1861, pages 10 and 11.)
In the same session of the Legislature a joint select
committee was appointed to investigate this matter, and
your attention is respectfully invited to the testimony
taken by this committee to be found on pages 288 to 294
inclusive (same journals), and which the Commissison
beg may be taken as a part of this report. This testi-
mony will disclose other motives on the part of the Comp-
troller than simply being "compelled 'by the law to issue
these warrants. (See Appendix.)
The Commission beg to call your attention to the fol-
lowing affidavits in regard to other organizations in this
class of service:
STATE OF FLORIDA,
Marion county.
On this 28th day of December, A. D. 1880, personally
appeared A. L. Eichelberger, who being duly sworn says
that he belonged to an organization commanded by J. L.
McGahegan in the year 1856, said organization being
formed to protect the county against the Seminole In-
dians who were then, hostile; that said organization
was without authority of law, and a neighborhood organi-
zation; that said organization was preserved, as he now
remembers, about seven months; that no pay was ex-
pected by the members of said organization; that he was
surprised when informed that the act approved February
8th, 1861, was construed to cover such organizations, and









that he and others made claim to pay upon the idea of
constructive service; and that very little actual service
was done by any of the members of said organization.
A. L. EICHELBERo R.
Sworn to and subscribed before me, R. Bullock, Notary
Public, State of Florida.
STATE OF FLORIDA,
Leon county.
On this, the 19th day of January, A. D. 1881, personally
appeared before me the undersigned, a Notary Public
for the State at large, Wm. J. McGrath, who, being duly
sworn, says that he made claim to pay as a member of
Moses Horn's company on the Withlacoochee in Marion
county, from the 15th day of January, 1856, to the 15th
day of May, 1856. That said company was a voluntary
neighborhood organization, for the better protection of
the neighborhood, that he did not expect any pay as a
member of said company, that not more than eight or ten
days service could have been done by said company, and
that the members of said company remained at home
when not out looking after Indian 'signs, (none of which
was ever found) pursuing their usual occupations. The
members of said company made claim to pay upon a con-
struction given to the laws by the authorities that it
was passed for and intended to cover such service as his
company had performed.
/ W. J. MCGRATH.
Sworn to before me, R. Bullock, Notary Public State
at large.
STATE OF FLORIDA,
Leon county.
On this, the 19th day of January, 1881, personally ap-
peared before me the undersigned, a Notary Public for
the State at large, James G. Speer, now the State Sena-
tor for Orange county, Florida, who, being sworn, says
that he resided in the same neighborhood with Aaron Jer-
nigan in the year 1856; that he had no knowledge of an









organization or company commanded by saidt Jernigan,
from the 1st of January, 1856, to 10th of March, 1856; that
said organization could not have existed without his
knowledge; that some years after 1856 he was approached
by W. H. Kendrick and offered $25.00 for his claim as a
member of said company, that he said to Kendrick that
if he (Kendrick) wished to make him a present of $25.00
he would accept it, but that he had no claim and would
not sell, any. J. G. SPEIu
Sworn to and subscribed before me, R. Bullock, Notary
Public State at large.
In addition to the affidavit of the Hon. J. G. Speed in
regard to Captain Aaron Jernigan's company the Commis-
sion have before them a letter from Gen. Jesse Carter to
Governor Broome, dated February 29th, 1856, in which he
says: "Captain Jernigan has been notified of his ap-
pointment and will present a company in a few days."
This company Captain Jernigan did present, and it was
mustered into the service of the United States on the
10th of March, 1856.
It will be seen from these affidavits that all of these
organizations were of a like nature-simply neighborhood
associations, expecting no pay, performing little, ,if any,
service, and entirely without authority of law. They
voluntarily organized and voluntarily disbanded; and they
could as well have claimed pay from the date of the at
tack on Lieutenant Hartsuff, to the date of the final .o-
moval of the Indians, as for the period they did claim it,
or for any other period. All law, usage, precedent, and,
indeed, we think common sense, discredit, and utterly
repel the idea that the State could assume to pay such
claims as these, and if committed to their payment by the
illegal and fraudulent acts of here officers and agents,
she could, or would never make claim for re-embursements
by the United States.
Besides the warrants issued by Comptroller Williams
in classes 1 and 2, as herein before stated, the Board final









that he paid also the following claims:
R. J. Kendrick, as Medical Surgeon to the Company com-
mpanded by W. H. Kendrick, for services from January
1 to December 6, 1856...........................$1,537 59
For the same period for his servant.................. 564 73

Making................... ... ............... ......... $2,102 62
The Board find from General Carter's letter book that
on the 18th of March, 1856, E. Carter was assigned to
duty with W. H. Kendrick's company as assistant sur
geon, with rank of 1st Lieutenant. And further; that
in the opinion of the Board, if any such service had been
rendered the claims would have beer presented to, and
paid by Colonel J. W. Pearson.
L. A. Hardee, for subsistence and -2ra;e s:upplied to
sixty-four men and sixty-four horses to-- sixten days,
while on march from Jacksonville to Ocala, between the
4th and 20th of July, 1856.
With this expense the State had nothing to do. Cap-
tain Hardee's coi pany was raised under a requisition
by the United States on the Governor of Florida for vol-
unteers, and under the Arii; y Regulations of the United
States, this c .mpany was entitled to twenty-five cents
"for subsidtei.cc and forage for each inan for every twenty
miles travel, thIe i:ccssary transportation, and the sol-
ders perdiem" while on the march from the point where
organized r; thlo :_,avoos, and th.e letter-book
of CGtanal ('a'i* r oho,,iis i:.at letters and circulars were
issued to that effect.
J. 0. Deval, "for subsistence tuirished eighteen men of
his ccmmard tor ninety-one days, next before October
24th, 1849 ........................................$ 386 92
For forage furnished eighteen men of his command for
ninety one days.................................... 693 90

$1,880 82
S. B. Todd, M. D. Surgeon to companies of Captains
Sparkman and Parker, from 23d July, 1849, to 23d
October, 1849-pay, subsistence and forage........$ 528 00








For two servants for same period.................... 174 00
For hospital stores fruinshed company............... 300 00
or transportation of stores........... ........... 15 00

$1,017 00
The act of 1861, under which these warrants were is-
sued, provided for the payment for services rendered in
the "last war with the Seminole Indians," which was in
1856-57. But apart from this, all accounts against the
State for services or otherwise for the war of 1849 had
been "paid. suspended or disallowed," as the Commission
are advised and believed.
For the reasons assigned, the Commission "reject" the
warrants issued by Comptroller Williams for these last
four accounts.
CONCLUSION.
It will doubtless be expected that the Commission shall
make some suggestions with reference to future action
on the matters they have had under consideration.
That there was due to the volunteers designated as com-
prised in the first class compensation for services actu-
ally rendered, and recognized at the time, there is no
doubt. The amount of compensation thus due can be ac-
curately ascertained as soon as access can be had to the
muster rolls, and it will be. as the Board now believe,
about $16,000 to $18,000. If the Legislature should de-
termine to pay this, which the Board recommend as just
and proper, they would make the following sugges-
tions:
1. Let pay rolls be prepared in duplicate from data
afforded by the muster rolls of each company.
2. As soon as the pay rolls are prepared, let proper
'notice be given, and make it incumbent on the holder of
any warrant issued by Comptroller Williams for services
in the respective companies, to present such warrant, and
require that the payee of the said warrant, his assignee,
or legal representative, be identified by the pay roll. If
the identification be satisfactory, and the amount of the









warrant thus presented shall correspond in amount with
the amount shown by the pay roll to have been due them,
let the warrant be paid or endorsed as approved. If not
so agreeing, let it be surrendered, and the proper amount
be paid, or another warrant issued for it.
3. Make an appropriation not to exceed $1,800.00, to
be available, (or so much thereof as may be necessary)
after the pay rolls are examined, and approved by the At-
torney-General, Comptroller, and Treasurer.
The third suggestion is made for the following reasons:
The payment by the State if shown to be equitable and
just, will be re-imbursed to the State by the United States,
but not until actually paid by the State.
If the appropriation is made available at once upon the
ascertainment of the amount due, and the application of
the payee or claimant, the Commission believe that it
would be acknowledged, and allowed as such payment
by the State as would bring it within the rules of the de-
partments at Washington, and could be embraced in the
claims now pending before Congress.
4. Declare null and void all warrants issued by Comp-
troller Williams in payment for this class of service, un-
til presented as provided in suggestion number two, and
then to be endorsed or exchanged as therein provided,
or to be absolutely void.
5. Upon proper proof of identity, issue warrants to
all in Captain Lesley's company who have not already
received them.
In determining as to the result of their action in re-
spect to the second class of claims for which warrants
were issued by Comptroller Williams, the Board respect-
fully call your attention to the provisions of the act
creating the Commission.
Three duties are imposed upon the Commission by that
act:
1. To examine, and approve, or reject any and all war-
rants issued under said act.










2. To determine the status of the holder of the war-
rant, as to the warrant he holds.
3. To ascertain and determine the validity of the
original claims.
In determining the validity of the original claims, the
Board have spent much time in patient research, and in-
vestigation, with an earnest desire to do even justice to
both State and claimant. The result of their labors has
been given, in part, in other portions of this report, and
now it remains for them to approve or reject these war-
rants; and as there does not appear to the Commission to
have been any foundation, whatever, for the claims upon
which Comptroller Williams issued them to these organi-
zations embraced in the second class, the Board are comn
pelled to, and do, reject them.
There remains, then, only the question as to the State's
liability for the acts of her auditing officer, whether il-
legal and fraudulent or not, and with this question the
Commission have no authority to deal. They would call
your attention in this connection to the action of the
Convention of 1862, which by ordinance No. 60, dated
January 27, 1862, repealed the act-of 1861, under which
these warrants were issued, and suspended the payment
of the warrants, which action of the said Convention the
Commission are of the opinion was notice of "defect" in
said warrants. Respectfully submitted,
ROBERT BULLOCK,
W. K. BeARD.......



APPENDIX.

Testimony taken in Secret Session by the Joint Commit-
tee on the Comptroller's Accounts.
8. St. George Rogers states that he, on some occasion,
asked Captain Abner D. Johnson how he could pass













through the Comptroller's office such claims as those he
had settled? To which he replied, that we or I greased
him; that he subsequently conversed with W. H. Kendrick
and B. 0. Grenard, and without recollecting the remarks
of either distinctly, states that from each he received the
same impression; that Captain Johnson stated that he
had struck them for twenty-four thousand dollars; that
the distinct impression left upon his mind, from the con-
versation with each, was that a part of the amount re-
ceived was used to secure the passage of the claims, and
that such use was with State offices. Witness gathered
from some one of the parties named above, or from Cap-
tain J. F. P. Johnson, that the parties, or some of them,
had paid Mr. Galbraith, or the Attorney-General, one
thousand dollars for an opinion, which opinion was fa-
vorable. Witness was informed, by Captain Robert Bul-
lock, that when he came up with claims, Mr. West, the
Clerk of the Comptroller, after arranging the accounts,
asked him (Bullock) whether there was anything to be
retained out of his claims for Mr. Williams. Bullock re-
plied that there was no understanding, but that if it was
usual he could take it out. But West did not retain from
his claims.
The distinct impression left on the mind of witness was
that the fee above stated was to the Attorney-General.
Colonel T. Ingram stated that he had conversed with a
man by the name of Wheeler, who stated to witness that
some parties in South Florida had told him that they
had paid the Comptroller. or been charged by the Comp-
troller, thirty per cent. That Mr. Sparkman had told
witness that he knew something on this subject, which he
could not communicate, but that there had been commis-
sions paid at Tallahassee, and that there was more truth
than poetry in what Mr. Wheeler had said.
Judge Turman sworn.-States that he held in his pos-
sesion claims which he knew to be honest, but had settle-
ment suspended by the Comptroller because of fraudulent












claims having been presented, &c. Witness states that
Mr. Williams, the Comptroller told him that le would be
compelled to charge him for his trouble in making
out pay rolls and settling the claims. He thinks
that two and a half per cent. was mentioned as the price
for the whole work. The claims presented by deponent
was about fifteen thousand dolla-s. Oaptain' W. H.
Kendrick stated to deponent that he would have no dif-
ficulty in getting his claims through if he would pay five
cents. That he (Kindrick) had been charged that
amount, and the same remarks were used to deponent
by Captain J. F. P. Johnson; that deponent has heard
that Captain J. F. P. Johnson, Mr. Grenard, and W. H.
Kendrick had collected a large amount, probably one
thousand dollars. Deponent further states that he had
a small portion of the claims represented by him passed
by the Comptroller, and covered by warrants, and expects
to pay Comptroller, but as he has not yet withdrawn said
warrants he has made no settlement. Deponent further
states that he had left his claims with the Comptroller
previous to conversing with Kendrick, but he did not con-
verse with the Comptroller on the subject of commissions
until after he had conversed with him (Kendrick).
Judge M. C. Peterson sworn, in regard to Indian war
claims, under act of last session, deposes and says that
he was agent or attorney in fact for claims under that
law, to the extent of about forty thousand dollars or up-
wards; that upon the amount here stated the Comptroller
did issue warrants, and from said warrants retained two
and a half per cent. as an amount claimed by him for
compensation, which, deponent understood him to say he
was entitled to claim in his character of Paymaster. That
about the time that deponent was procuring the issue of
warrants for the claims presented by him. he understood
that the Comptroller procured the opinion of the Attor-
ney-General in regard to the authority for suspending
the operation of the law. The deponent further states









that Mr. Williams, the Comptroller, stated that he had
charged these other men five per cent., but did not name
the parties. Deponent further states that the Comp-
troller stated that the treasury notes to pay these war-
rants would soon be issued, and if the warrants were re-
turned to him he would collect them, in said treasury
notes, free from further charge.
J. Lee, sworn in regard to the claims above described,
says he knows that scrip has been issued by the Comp-
troller on claims having no foundation in fact. He
knows that E: M. Lee and George M. Lee have been repre-
sented at the Comptroller's office as claimants for about
one thousand and fifty-six dollars., by B. O. Grenard,
without authority of the parties, and said parties so rep-
resented decline to make a claim, having performed no
service. The name of the agent deponent derives from
the Comptroller's books and other sources. Deponent
has knowledge of the fact that the said Grenad also
represented J. C. Lee, as administrator of G. M. Condrey,
for about five hundred and twenty-eight dollars, which,
deponent believes, was without foundation, and that the
administrator has never made such claim. Deponent
further says he knows Wilson C. Williams, Judge of Pro-
bate of Sumter county, Florida, and that said Williams
has stated to deponent that he had sat up one night and
filled up blank certificates of the reputability of wit-
nesses, to the extent of one hundred; that said blanks were
purloined from his office. Deponent, about the 10th day
of May last, heard James Stanley offer William Cassady
two hundred dollarsfor his chance in William Sloan's
Company; that said Cassady declined to make any tes-
timony on the subject, and stated that he had no place in
said Company and no claim for such service. The said
Stanley, however, did pay the said Cassidy two ninety-
one dollar scripts or warrants, and eighteen dollars in
cash for said claim, and that said claim has been passed
by the Comptroller at about $528. Deponent further









states that he finds that he has himself been represented
here by one D. C. Cook, and that he drew a Comptroller's
warrant for him of two hundred and sixty-seven dollars
or thereabouts, for which the said Cook had no authority;
that deponent was not in Florida at the time when such
service is alleged to have been performed, and has no claim
to such warrant, and has never authorized said Cook c:
any other person to present such claim. Deponent
further states that Captain William Sloan has stated to
him that he had two terms of service-ne company num-
bered seventy-four men and the other eighty-seven men.
Deponent has heard tlat one negro slave Mrs. James
Stanley, named Nero Goff, and one negro slave named
Joe Weeks, property of James Weeks. had each drawn
warrants, but is unable to state who represented the
slaves or either of them.
Judge Peterson, recalled, says he heard a conversation
between Enoch B. Phelps and W. H. Kendrick in regard
to subsistence and forage in January and February, 1856,
in which Phelps insisted that if he received anything from
Captain Kendrick it was not more than half a bushel
of corn, which he paid for, or intended to do so; that
deponent collected the scrip or Treasury warrants for the
men of W. H. Kendrick's company, for the above de-
scribed service, and that, with the exception of one or
two cases, he collected forage and subsistence for each
man. Deponent further states that he was informed by
the Comptroller that a larger allowance had been made
to others than he had made to him; that said allowance
had been made under a different law.
" Morgan Mizell, sworn, says that he was a member of
Captain W. H. Kendrick's company--entered it when
first organized and continued as long as it remained in
the State service. The company was cavalry. The com-
pany was entered into the State service on the 26th day
of February, entered on the service on the 1st day of Jan-
rary, 1856. During that period the men furnished them-






selves with forage and subsistence. They took a scout about
the 26th of January, and was informed by some of the
men the Captain purchased about $10 worth of supplies.
Witness was a near neighbor of Captain W. H. Kendrick,
and thinks he had about five hundred bushels of corn.
Does not know how much fodder or bacon he had. Wit-
ness thinks that had Captain Kendrick have furnished
corn between tie first of January and the 26th of Febru-
ar y he would have known it, and does not think he
furnished any. Deponent has never received from Cap-
tain Kendrick any pay for his subsistence and forage.
Corn, at that liime, was worth from one dollar to one dol-
iar and twenty-tive cents-the latter being the highest
paid for any corn by any State agent. Fodder was
worth from one and a quarter to one and a half dollars
per hundred. Captain Kendrick did not furnish any ba-
con, fodder or corn within the knowledge of this depo-
nent. Major Peterson collected deponents claim and
the claims of Captain Kendricks company.
Edwin M. West was sworn. Says he has been clerk in
the Comptroller's office since the 17th December last. In
the month of May, D. C, Cook and one Hamilton, who
presented claims purporting to belong to men who were
of Cassady's, Sloan's and other companies. The powers
of attorney were signed in writing and the declaration
with a cross mark. These were disallowed, with the ex-
ception of three which were drawn by Cook, one of which
proved to be a forgery. Deponent further says, W. H.
Kendrick presented a bill for corn, fodder and bacon.
Kendrick presented claims for various parties on which
allowance was claimed for subsistence and forage, and
which claims were covered by the Comptroller's
warrants. Kendrick filed also a claim for corn,
fodder and bacon for the same period, and corn,
he thinks, at $2.50 per bushel. All warrants issued
to him, whether for his own claims or those that
he represented as attorney, were issued to him as attor-






ney. The above relates to his first visit, on or about
the 9th of April, 1861. On or about the 25th of April
last, the said Kendrick, B. O. Grenad and James F. P.
Johnson came up with an additional lot of claims, which
were audited and allowed, upon affidavits made before W.
C. Williams, Judge of Probate of Sumter county, which
claims were allowed, except a few which were rejected
because the said Judge was one of the witnesses and cer-
tified his own integrity. And deponent further says that,
about the 9th of April, Abner D. Johnson came to the of-
fice with claims for himself and his company, properly
stated according to law which were allowed, and covered
by warrant. The claims first presented contained noth-
ing to excite suspicion of fraud. Deponent considers
that the only claims presented that were made and cer-
tified according to law, were those presented by Peterson.
Kendrick bargained with deponent to collect the claims
of Abner D. Johnson, and his own, for which he agreed to
pay 5 per cent., but does not know of any cases in which
charges were made by the Comptroller. Deponent furth-
er says, he did ask Robert Bullock whether there was any
deduction to be made on account of commissions, but no
contract having been made, no deduction was made. De-
ponent further says, that the opinion of the Attorney-
General was obtained in regard to the law, and that war-
rants had been previously issued, and were subsequently
issued. Deponent further says that Mr. Williams the
Comptroller, was appointed by Governor Perry as Pay-
master in 1860. The deponent examined the claims of
A. D. Johnson and W. H. Kendrick, at night, and re-
ported to the Comptroller, who also examined the same.
That deponent has been the Clerk of the Comptroller since
the 17th December, 1860. Thinks that M. C. Peterson had
some warrants issued to himself for his fees. Deponent
was to have 5 per cent, for collecting the claims, when
collected; that the parties did not leave any warrants
with him, and that he has not received any compensa-








tion. The contract was made on Saturday night of
their arrival, and their claims were not examined until
Monday; that Kendrick sold his warrants at fifty cents
on the dollar, and has not paid over any part of the pro-
ceeds, nor has he left with deponent any warrants for
collection. Deponent stated that he charged the five per
cent. as attorney-at-law.
On motion, the committee adjourned to meet at 3 P.
M. on Monday.
The committee met pursuant to adjournment. Present,
Messrs. Baldwin, Chain, Magbee, Broome, Pooser and Cof-
fee.
Colonel R. C. Williams sworn.-Says A. D. Johnson
and W. H. Kendrick were the first applicants, under the
law of 1860, for payment of Indian war claims. Further
says: As soon as claims were presented, he applied to
the Attorney-General for his opinion, and received said
opinion to the effect thatwhen the claims were properly
certified, according to law, there was no discretion in
regard to issuing the warrants. Opinion dated April
29, 1861. Claimants had previously applied for warrants.
)ocs not recollect that any parties advised him to get
the opinion of the Attorney-General. Did not tell Ken-
drick that he need not make the claims separate, but told
him that lie must make up forms specifying the various
articles enumerated by the army regulations; that there
was considerable argument and controversy with claim-
ants in regard to the nuniber of claims proved on one
sheet-Comptroller desiring them to be separated. The
claims as presented were legally and exactly proved and
stated.
Comptroller suspended the issue of claims, because he
fond out in Cassady's company that some men had
signed claims with their cross mark and on another
claim would sign as witness with his name written out in
full; that Johnson was here during the session of the Leg-
islature; may or may not have received deponent's opin-









ion of the law at that time; did not tell Johnson or Ken-
drick that they would save a great deal of time by com-
bining many claims on one sheet. Deponent rejected
many clainis presented by Mr. Turman, because he was
informed that Captain Lesley had signed the names of
many persons who were absent from the county. Few
claims allowed from Hillsborough. Olaims presented
by Major Peterson, from Hernando, had each its own
sheet. Persons who came up here represented themselves
some as claimants and others attorneys. Deponent
further says, the warrants to a large extent were made
payable to the party as attorney; thinks Johnson and
Kendrick took most of theirs to themselves at attorney,
but did not state for whom they were attorney. Per-
sons who came up as agents had represented that they
had claims for commissions and that he, deponent, had
'made for them warrants for their commissions. Depo-
nent charged Peterson 24 per cent.; charged Turman noth-
ing, his claims being principally returned to him. W.
H. Kendrick he does not recollect the exact amount
charged, but will furnish exact amount. Deponent
charged A. D .Johnson, J. F. P. Johnson and B: O. Ge-
rard, but does not recollect the exact amount. The pay-
ment to deponent was made in script in all cases, and,
in the aggregate, amounted to $3,800, which has been
endorsed to deponent by other parties. He further states
that he received his compensation as Paymaster.
Mr. Galbraith, the Attorney-General, appeared before
the committee. There being no judicial officer present,
he was not sworn, but stated that the report in circula-
tion of his having received a fee, either in his official or
professional character, from any of these parties or in
regard to any of these claims, is false in every particular;
that he is not even personally acquainted with the par-
ties whom report says paid him the said fee.

CHAPTIB 3930-(No. 84.)
AN ACT Supplemental to an Act to Provide for the Ex-
amination and settlement of the Claims against the





State ef Florida for Services Rendered during the lat
Seminole Indian War. Approved March 11th, 1879.
WHEREAS, By an act of the Legislature of the State of
Florida entitled "An Act to Provide for the Examina-
tion and Settlement of the Claims against the State of
Florida for Services Rendered during the last Seminole
Indian War." Approved March 11th, 1879:
The Governor did, in pursuance thereof, appoint three
Commissioners for the purposes hterein set forth; and
whereas, said Commissioners, on account of the death of
Col. William K. Beard (one of said Commissioners) in
the year 1881, did not complete the work of examination
and settlement as provided by said act; and whereas,
it is important to many of tthe citizens of this State who
have been for many years kept out of their just pay for
services rendered in said Indian war,
Be it enacted by the Legislature of the State of Florida.
SECTION 1. That the Governor be empowered to appoint
three suitable persons to act as Commissioners to exam-
ine and settle said claims, as provided in sections one,
two, three and four of said act. And said Commission-
ers shall be authorized to take possession of all warrants,
accounts and other papers left by the late W. K. Beard,,
petaining to said war claims, for the purpose of carrying
out the provisions of said act.
SEc. 2. That said Commissioners shall receive such
compensation for their services as may be allowed by the
Governor, as reasonable and just to be paid upon ac-
counts approved by him.
SEC. 3. That when said Commissioners shall examine
and approve any warrant or claim as provided for in said
act, they shall deposit the same in the Comptroller's of-
lice with an endorsement thereon to that effect.
SEC. 4. When the claim of the State of Florida against
the United States for and on account of expenditures in
said Indian war shall be settled and paid over to the
State Treasurer, the Comptroller shall draw his warrant
on said Treasurer to pay such claims as have been exam-
ined and approved, and so endorsed and filed with him by
said Commissioners with the same rate of interest as the
United States Government shall allow the State in the
settlement of its claims.
SEC. 5. That the sum of one thousand dollars, or so
much thereof as may be necessary is hereby appropriated






to pay said Commissioners for their services, upon ac-
counts approved by the Governor.
Approved June 3, 1889.
STATE OF FLORIDA, EXECUTIVE DEPARTMENT,
TALLAHASSEE, May 15, 1891.
Gentlemen of the Legislature:
I have the honor to transmit herewith for your con-
sideration the report which has just come to me of the
commissioners appointed under the act approved June
3, 1889, entitled "an act supplemental to an act for the
examination and settlement of the claims against the State
of Florida for services rendered during the last Seminole
Indian war, approved March, 11, 1879."
There is a vacancy on the board which has not yet been
filled.
The board appointed in pursuance of the said act was
for the purpose of completing the work of examination
and settlement of the claims which was left unfinished
by the board appointed rnder the act of March 11, 1879,
a report of whose work is found in the House Journals
of 1881, commencing on page 291.
The report of the present board suggests the question
as to whether or not the adoption of an ordinance, July
27, 1862. by the people in convention assembled, which in
terms repealed the act of February 8, 1861, under which
warrants were issued for such alleged claims against the
State and suspended the payment thereof, could be set
aside by the act of the Legislature of 1879 and the act
of 1881 supplementary thereto so as to authorize the pay-
ment of any of said warrants.
The said ordinance is in the following words:
"Be ordained by the people of the State of Florida in
convention assembled: That the act of the general as-
sembly, approved February 8, 1861, and entitled 'an act
to provide for the payment of the Florida volunteers and
others who have not been paid for services actually ren-
dered the State of Florida in the last war with the Semi-
nole Indians,' be and the same is hereby repealed, and the
payment of all warrants issued by the Comptroller under
the said act be suspended."
Such ordinance was declared to be permanent by the
convention assembled. I am not aware of the repeal or
abrogation of this ordinance by any subsequent conven-
tion of the people, and it appears to me that it has contin-









ned to be a part of the fundamental law of the State
which could not be nullified by legislative action. I sub-
mit this question for your consideration in connection
with the question as to the propriety of further legisla-
tion on the subject.
I would invite your attention to the report of the com-
ferred to which was made after much investigation.
ferredto which was made after much investigation.
If, after investigating the matter, you consider that
claims based upon the warrants issued under the act of
February 8, 1861, may still be paid, I invite your special
attention to the defects of existing statutes as pointed out
by the report herewith submitted, and recommend such
further legislation as may be necessary to secure same as
suggested by the commissioners.
FRANCIS P. FLEMING.
To His Excellency, Francis P. Fleming, Governor of
Florida:
DEAR SIR-The undersigned, who were appointed com-
missioners to complete the work of Messrs. Bullock,
Beard and Brown, commissioners appointed under the
act of 1879 to settle the Indian war claims allowed in
comptroller's warrants under the act of 1861. beg leave
to communicate to your Excellency the following matters
for consideration:
We find many difficulties in the way of properly serving
the State and those interested in these claims. The act
of 1879, in the first place, proceeds upon the supposition
that the original act of 1861 was still in force, and that
the claims comprehended therein were still valid and
usbsisting against the State. And likewise does the act
of 1889. Whereas an ordinance No. 60 of the Constitu-
tion of 1861 repealed said act and suspended all payments
of claims thereunder. During the same convention, to
emphasize the said repealing ordinance, another ordi-
nance, No. 63, was passed, which set forth what ordi-
nances passed threat should be temporary and what
should be permanent in their nature, and the said ordi-
nance No. 60 was put in the class of permanent legisla-
tion. When one has read all the contemporaneous law
and history of these claims it is quite apparent that the
convention of 1861 had come to the conclusion that to sep-
arate the just from the unjust claims allowed by Comp-








troller R. C. Williams, under the act of 1861, was even
at that time not so remote from the time when these
claims originated, a work almost impossible of perform-
ance. Nearly twenty years afterwards the Legislature
again provides for an investigation of these claims that
it is obvious had been repudiated by the said Constitu-
tional Convention. And here the serious question that
may arise in the closing up of the settlements both by the
State and the United States, that is, whether or not the
Constitutional Convention's ordinance repudiating these
claims was, or could be set aside by the act of 1879, pre-
sents itself. Inasmuch then, as a settlement of this
question must be made some time, it appears to us wise
that it should be settled now before the present commis-
sioners newly appointed should proceed to complete the
work in hand.
Your commissioners further represent that another
question arises as to the validity of the act of 1879.
That statute embraces two district subjects of legislation,
i. e., the appointment of commissioners to examine and
report upon the Comptroller's warrants issued under the
act of 1861, and the appointment of a commissioner to
go to Washington to adjust the claims of the State of
Florida against the United States. This, in the opinion
of your commissioners, makes unconstitutional the act
of 1879.
Your commissioners further represent that even if the
act of 1879 and 1889 are valid they nevertheless do not
provide fully and clearly for the purposes of their enact-
ment, and we mention the following particulars wherein
we think they should be amended:
First. Act of 1879 limits no time in which claims
should be filed with the commission, and in which the
commissioners should finally report. We advise an
amendment now giving six months time in which all
claims under the statute shall be filed, and that none shall
be received after that time by the commission, and that
the commission shall make its final report eighteen
months after the date of such amendment.
Secondly. The statute of 1879 while clearly casting
suspicion upon all the warrants of the Comptroller,
does not set forth for what cause any warrant shall be
rejected. The inference that warrants should be













rejected when holders fail to show the "validity of the
original claim" should be in the shape of positive law and
not handicapped by other requiremen-s at the hands of
the holders which virtually destroy hie requirement to
show the validity of the original claim.
Thirdly. The act of 1879 does not auil.orize the com-
mission to administer oaths, to subpoena witnesses and
require their presence and the production of papers,
without which the duties of the commissioners can be but
imperfectly performed.
Fourthly. The Legislature should declare what com-
pensation the commissioners shall be entitledd to in serv-
ing under said commission.
In connection with these matters ve re-'r to the report
of the first commissioners, under said act of 1879, Messrs.
Bullock, Beard and Brown. wherein t:'ey rcj et ill war-
rants of a certain class pretended to have been issued un-
der the act of 1861. We consider that with these war-
rants when identified, these commissioners have nothing
to do. Those warrants are finally disposed of. It is
only the warrants to the amount of $18,000 that your
commissioners will have to deal if the report just men-
tioned should be in line with further legislation disclos-
ing what class of warrants shall be held fraudulent
and not to be paid.
We think it advisable that the whole matter as it now
stands should be brought to the attention of the legisla-
ture now in session for such action in the premises as it
may think is expedient.
We think it advisable that the commissioners should
be authorized to obtain from the department at Washing-
ton certain papers, muster rolls, etc., in connection with
the subject-matter of their duties as they will need in set-
tling these claims, and if need be that they can send one
of their number to the City of Washington for that pur-
pose.
Respectfully submitted,
GEO. W. WALKER.
Chairman.
JNO. G. REARDON.
Tallahassee. Fla., May, 12th, 1891.
Which was read. ordered spread upon the Journal and






Fo52
O6s


47

referred to the Judiciary Committee.
CHAPTER 4428-(No. 107.)
AN ACT Authorizing and Empowering the State Treas-
urer to receive from the Commissioners Appointed un-
der Chapter 3930, Laws of 1889, to Examine and Settle
Claims against the State of Florida, for Services ren-
dered During the last Seminole Indian War, all War-
rants and Papers Relative to the Subject Matter of said
Act; and to Receipt to said Commissioners Therefor
and to hold the same Subject to Future Legislation
or to Deliver the Same to Owners Thereof.
WHEREAS, Under the act of the Legislature of the State
of Florida, approved June 3d, 1889, entitled an act sup-
plemental to an act to provide for the examination and
settlement of the claims against the State of Florida,
for services rendered during the last Seminole Indian
War, approved March 11th, 1879, there were appointed
by the Governor of the State, commissioners to perform
the duties by said act required: And Whereas, Said
commissioners reported their proceedings thereunder and
their views thereupon, to his Excellency, Francis P. Flem-
ing, the then Governor of the State, which said report and
the communicationof the Governor thereon, to the Legis-
lature, appears in the Journals of the Senate for 1891,
on pages 472, 473, 474, 475, and in the Journals of the
House of Representatives same year, on pages 647, 648,
649, 650, according to which said report will be seen
the impracticability under existing leglation of the ac-
complishing of any definite result by said commissioners
relative to the subject matter of said act: And Whereas,
Under said act, a large number of warrants in said act
mentioned came in possession of said commissioners,
which upon their face represent a large amount of money,
necessitating the renting by said commissioners of some
secure place in which to keep them: And whereas, The
commissioners desire to and should be relieved from the
payment of said rent or from the necessity of asking the
State to pay the same, as there is not any time men-
tioned under the present laws for the final disposing of
said warrants: And whereas, The State should through
some of its officers keep said warrants at and in some
secure place free of cost to the State; therefore
Be it enacted by the Legislature of the State of Florida:








48

Section 1. That the State Treasurer is hereby empow-
ered and directed within thirty days after the passage
and approval thereof, or as soon thereafter as may be,
to receive from said commissioners all papers and war-
rants in their possession relative to the subject matter of
the act aforesaid, and that it shall be the duty of said
treasurer to give to the said commissioners an itemized
receipt for all of said warrants and papers delivered to
him by the said commissioners and to deposit and keep
the same subject to future legislation; Provided, how-
ever, That said treasurer may deliver any warrant or
warrants to the owner thereof or to his or her legally au-
thorized agent or attorney, upon their giving to him a
proper itemized receipt therefore.
Sec. 2. This act shall take effect upon its passage and
approval by the Governor.
Approved May 31, 1895.




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