to the United States, but the vessel by which they were sent was lost at sea, and the papers and vouchers with her.

As no materials exist for the settlement of the consular account of the decedent according to the rules of the Department, the committee can only recommend that the prayer of the memorialist be granted, and that the Secretary of the Treasury be authorized and directed to settle and adjust the accounts of the decedent as United States consul to Bombay upon just and equitable principles.

The committee herewith report a bill accordingly.

May 23, 1860.

[Senate Report No. 241.]

Mr. Sumner made the following report:

The Committee on Foreign Relations, to whom was referred "the petition of William H. Vesey, United States consul at Havre, to have refunded to him money paid by him on account of the default of certain bankers in Paris with whom he had deposited funds of the Government," have had the same under consideration and report:

The memorialist has been for twenty-six years employed as consul of the United States at St. Ubes and Lisbon, in Portugal; at Antwerp, in Belgium, and, lastly, at Havre, in France, and produces among other high evidences of fidelity the assurance of the President of the United States, transmitted through the Secretary of State, "that the satisfactory manner in which he has discharged the official duties during the last sixteen years of the consulates at Lisbon, Antwerp, and Havre has justly merited and received the commendation of the Government of the United States."

It appears that the memorialist had been for many years in the habit of depositing the fees derived from his consular office and belonging to the United States in the banking house of Messrs. Greene & Co., to his own credit and at his own risk; and it further appears that this banking house failed on the 27th March, 1857, by which event the memorialist sustained a loss of 7,624f. 20c., which amount he paid out of his own funds to the United States, so that no loss whatsoever was sustained by the Government; that since the date of this payment he has received a dividend from Messrs. Greene & Co. amounting to 10 per cent on the balance due him, and leaving unpaid and in default on the 1857, the sum of $1,318, for which amount he has no security nor any prospect of repayment.

This statement of the memorialist is verified by the clerk of the consulate at Havre and by the Hon. John Y. Mason, late minister of the United States at Paris.

Mr. Mason moreover states that he employed Messrs. Greene & Co. as his own "bankers until they suspended business in the month of March last" [1857]; "that up to the date of their suspension the house had" his "entire confidence, and the very large number of depositors with them shows that confidence was general."

He moreover certifies that the memorialist had

Often conversed with him on the subject of his safe-keeping of the public money in his hands in the interval between its receipt and disbursement or remittance in the absence of instructions from the Government; and as the provision made by law for the safe-keeping of the public money made by the independent treasury act does not extend to foreign countries, Mr. Vesey's [the memorialist] depositing

such moneys with bankers appeared to me to be judicious and far more secure than to endeavor to keep them in his own custody in a seaport city like Havre, where both at his consulate and lodgings they would have been greatly exposed. His banking at the banking house of Messrs. Greene & Co. at Havre met my entire approval, and I more than once expressed to him the opinion that without some other means of security being furnished by the Government, that course seemed to me best for the public interests.

I had no right to control the operation, but I thought then, and still think, that, as consul, he used extreme diligence and judicious means to protect the public interest.

In addition, there appears the certificate of several merchants residing and doing business at Havre "that Messrs. Greene & Co., American bankers at Paris, were considered, previous to their failure, highly respectable bankers, and that a large number of our countrymentravelers, as well as others-deposited funds in their hands for safekeeping."

Under these circumstances, and upon the evidence quoted, the committee are of opinion that the memorialist has exercised a reasonable degree of vigilance and care in providing for the safety of the public moneys which came into his hands, and that the loss which has been sustained is attributable to no neglect upon his part, but to an accident to which the most prudent persons are liable.

The committee are therefore of opinion that if the facts of deposit and loss by default, as alleged in the memorial, shall be properly proved before the proper accounting officer of the Treasury of the United States, and if the memorialist shall transfer and assign to the Government his claim upon the banking house of Greene & Co. for repayment of the balance appearing due him by their default on this account, that thereupon the Treasurer of the United States should be authorized to repay and reimburse him for his advance on account of the loss sustained by the Government of the United States the sum of $1,318, with interest thereon from the date when the loss thereof shall appear to have occurred.

The committee have reported a bill accordingly; and they hereby append the petition of Mr. Vesey and the accompanying papers.

To the honorable the Senate and House of Representatives:

The undersigned has, with profound respect, the honor to submit the following declaration and to pray for such relief in the premises as may appear to be justly due.

Your petitioner has been a consul of the United States at St. Ubes and Lisbon, in Portugal; at Antwerp, in Belgium, and, latterly, at Havre, in France, from the year 1835 to 1859, inclusive, making a term of twenty-six years of active and constant duty in the service of his country; and that during that long period of service he has frequently had the privilege of assisting his countrymen, other than seamen, who have been sick, shipwrecked, and in distress, within his consular district, and that he has never asked nor received any reimbursement therefor.

That during the term of his consular service he has, at various times, received considerable sums of money on account of the United States, and that such moneys have always been duly and correctly accounted for.

That in proof of the manner he has conducted the affairs of the trusts confided to him by his country, and the manner in which his accounts have been rendered, he begs leave respectfully to refer to documents A and B, hereunto annexed.

That during the year 1857, acting under instructions from the Departments of State and Treasury, and in pursuance of law, he received sundry sums of money on account of the United States, as fees for official acts performed by him.

That he regularly deposited such moneys in the hands of Messrs. Greene & Co., highly respectable American bankers of upward of forty years' standing, and who always bore the highest character for stability and responsibility.

That the money thus deposited was, at the end of each quarter, withdrawn from

Messrs. Greene & Co. and remitted, under instructions from the Secretary of the Treasury, to Messrs. Baring Brothers & Co., bankers of the United States at London, whose receipt was regularly transmitted by your petitioner to the Secretary of the Treasury.

That on the 27th of March, 1857, the said house of Greene & Co. failed, having in their hands at that time $1,464.46 deposited by your petitioner, derived from fees of office, and belonging to the United States.

That your petitioner, in order to prevent confusion in his accounts with the Treasury, remitted the full amount to Messrs. Baring Brothers & Co., for account of the United States, from the proceeds of his own salary for the quarter.

That in proof of this he respectfully refers to documents herewith, marked C, as well as to the declaration of the Hon. John Y. Mason, minister of the United States at Paris, marked D, and to the certificate, marked E, of several respectable American merchants residing in France. who knew the standing of Messrs. Greene & Co. as bankers before their failure and to whom the event was as unlooked for and as unexpected as it was to your petitioner.

That your petitioner was not guilty of negligence or want of prudence in the care of the public money; but on the contrary, he humbly conceives the loss arose from circumstances beyond a prudent and discreet control exercised by him.

That Messrs. Greene & Co. have paid your petitioner 10 per cent upon the amount of the public money in their hands at the time of their failure, but as more than two years have elapsed since it took place, and as all hopes of any further payment being made are abandoned by your petitioner, as well as by others having funds in their hands, your petitioner feels impelled to seek relief of your honorable bodies, which he humbly and respectfully trusts may be accorded to him.

And your petitioner therefore prays your honorable bodies to authorize and direct that the sum of $1,318, with interest thereon, be reimbursed him. And your petitioner will ever pray.

W. H. VESEY,

United States Consul at Havre.

A.

[Extract of a letter from the Fifth Auditor of the Treasury Department.]

WASHINGTON CITY, D. C., August 14, 1858.

Allow me, sir, to take this opportunity to compliment you upon the uniform neatness and accuracy with which your accounts are made up. I am, sir, very respectfully, your obedient servant,

WILLIAM H. VESEY, Esq.,

United States Consul, Havre.

T. M. SMITH, Acting Fifth Auditor.

B.

DEPARTMENT OF STATE, Washington, May 14, 1859. SIR: Your dispatch (No. 9) of the 15th of February last, in which you request the President's permission to resign the office of consul of the United States at Havre, has been received.

Some delay has unavoidably occurred in acceding to your wish to be relieved of the duties of the consulate in consequence of the difficulty of suitably filling an office of so much importance as the Havre consulate, the duties of which in your hands have been discharged so acceptably to the commercial interests of the United States and to this Department.

I have now to acquaint you that the President has selected as your successor Mr. Simeon M. Johnson, who was formerly United States consul at Matanzas, and has been more recently connected with the judiciary department of his native State.

In accepting your resignation, I am directed by the President to assure you that the satisfactory manner in which you have discharged the official duties during

the last sixteen years of the consulates at Lisbon, Antwerp, and Havre has justly merited and received the commendation of the Government of the United States.

I am, sir, your obedient servant,

WILLIAM H. VESEY, Esq.,

United States Consul, Havre.

LEWIS CASS.

C.

PARIS, March 23, 1859.

We certify that the account on our books of W. H. Vesey, esq., American consul at Havre, showed a balance in his favor of 7.628f. 20c. (seven thousand six hundred and twenty-eight francs twenty centimes) on the 27th of March, 1857; which sum was then due to him.

GREENE & Co., in liq.

PARIS, March 23, 1859.

I, Thomas Taylor, of Havre, in the Empire of France, do hereby solemnly declare and make oath that I have been many years employed as cashier and principal clerk in the American consulate at this port; that to my positive knowledge Mr. W. H. Vesey, United States consul at Havre aforesaid, was in the habit of depositing in the hands of Messrs. Greene & Co., respectable American bankers of Paris, for safe-keeping, fees received at that office on account of the United States: that on or about the 27th day of March, 1857, Messrs. Greene & Co. suspended their payments, and the amount in their hands so paid to them, belor ging to the United States, amounted on this day to 7,628f. 20c., say 7.628 francs and 20 centimes, agreeably to the above declaration, which amount Mr, Vesey paid to the United States from out of his private funds; that since the date of such payment to the United States by Mr. Vesey he has received a dividend from Greene & Co. of 10 per cent thereon, and that for the balance of 6,865f. 40c., say 6,865 francs and 40 centimes, equal to $1.818.15, say $1,318.15, Mr. Vesey has no security whatever, or for any part thereof.

CONSULATE OF THE UNITED STATES OF AMERICA,

City of Paris, Empire of France, ss:

THOMAS TAYLOR.

On this 23d day of March, 1859, before me, Henry W. Spencer, United States consul at Paris, aforesaid, personally appeared Thomas Taylor, the person described in and who made the foregoing declaration, and made solemn oath that the contents thereof were true, the said Thomas Taylor being personally known to me.

In testimony whereof I have hereunto set my hand and official seal on the day and year aforesaid. [L. S.]

HENRY W. SPENCER,
United States Consul.

D.

LEGATION DES ÉTATS UNIS,
Paris, January 19, 1857.

I certify that since I have been in Paris I employed Messrs. Greene & Co. as my bankers until they suspended business in the month of March last; that up to the date of their suspension the house had my entire confidence, and the very large number of depositors with them shows that the confidence was general.

I further certify that Mr. W. H. Vesey, the consul of the United States at Havre, has often conversed with me on the subject of his safe-keeping of the public money in his hands in the interval between its receipt and disbursement or remittance. In the absence of instructions from the Government, and as the provision made by law for the safe-keeping of the public money-made by the independent treasury act-does not extend to foreign countries, Mr. Vesey's depositing such moneys with bankers appeared to me to be judicious and far more

'Should have been twenty-six-St. Ubes 10 years omitted.

secure than to endeavor to keep them in his own custody in a seaport town like Havre, where both at his consulate and lodgings they would have been greatly exposed.

His banking with the branch house of Messrs. Greene & Co., at Havre, met my entire approval, and I more than once expressed to him the opinion that, without some other means of security being furnished by the Government, that course seemed to me best for the public interests.

I had no right to control the operation, but I thought then, and still think, that as consul he used extreme diligence and judicious means to protect the public interests.

J. Y. MASON.

We, the undersigned, residing and transacting business in Havre and Paris, hereby certify that Messrs. Greene & Co., American bankers at Paris, were considered, previous to their failure, highly respectable bankers, and that a large number of our countrymen, travelers as well as others, deposited funds in their hands for safe-keeping.

WHITLOCK & PUNNETT.

DRAPER & HAGENOW.
O. BORMAFFE.
WILLIAM HELM.

ALBERT N. CHRYSTIC.

J. J. APPLETON,

Late Chargé d'Affairs of the United States at Stockholm.

[See pp. 684, 696, 721, 722.]

THIRTY-SEVENTH CONGRESS, SECOND SESSION.

January 15, 1862.

[Senate Report No. 6.]

Mr. Browning made the following report:

The Committee on Foreign Relations, to whom was referred the memorial of the legal representatives of J. E. Martin, deceased, late acting consul of the United States at Lisbon, praying compensation for diplomatic services, have had the same under consideration, and now report:

It appears from the memorial that on July 19, 1850, on the recall of Mr. J. B. Clay, chargé d'affaires of the United States at Lisbon, the archives of the legation were placed in the hands of Mr. Martin, then the acting consul of the United States at that port; that from that time to June 15, 1851, when Mr. C. B. Haddock, the successor of Mr. Clay, arrived at Lisbon, the entire duties and responsibilities of the legation rested upon Mr. Martin, and were performed by him; that during that time the fees and emoluments derived by Mr. Martin from the consulate were insufficient to pay the current expenses of the office; and that he received no compensation whatever for the additional duties and responsibilties devolved upon him by having the charge of the legation.

The statements of the memorial of the legal representatives of Mr. Martin are fully sustained by a letter from the then Secretary of State, dated February 29, 1856, as to the time during which the affairs of our legation at Lisbon remained in Mr. Martin's charge, and the justice of his claim for compensation is strongly urged in a letter from Mr. Haddock, then United States chargé d'affaires at Lisbon, dated January 18, 1853.