FEBRUARY 25, 1846. The Committee of Claims, to whom was referred the petition of George Parsons, report: It appears that the timber for which the petitioner claims compensation was not delivered within the time limited in his contract, and there is no proof that it was used by the government. For aught that appears, the petitioner himself used it. There is abundant evidence that Mr. Parsons had notice not to deliver any more timber, owing to the want of any appro priation, and that, too, before the pretended delivery. The government was under no obligation to receive it after the time limited in the contract for its delivery, which was thirty and sixty days from the date of the contract. It was his own folly to deliver the timber when he did; and the government, not having accepted and used it, is not bound to pay for it. The petition and papers referred to the committee are hereunto annexed, and made part of this report. The committee offer the following resolution: No. 1. To the Senate and House of Representatives of the United States in Congress assembled: Your petitioner, George Parsons, of the town of Saranac, in the county of Clinton, in the State of New York, most respectfully represents to your honorable bodies that, in the month of September, A. D. 1839, your petitioner, in pursuance of a contract with Charles M. Watson, esq., the agent of the United States to superintend the construction of the breakwater in the harbor at Plattsburgh, New York, delivered a quantity of timber at that place for the construction of said breakwater, which was received, and has been used for that purpose by Mr. Haswell, who succeeded Mr. Watson as agent. But your petitioner has failed to obtain full payment for the said timber, according to the price agreed to be paid, inasmuch as the accounting officer at the Treasury Department is of the opinion that all appropriations for said breakwater were exhausted at the time said contract was made, and that therefore it was made without authority of law by the aforesaid agent. Your petitioner prays that your honorable bodies will pass a law authorizing the proper officer to settle his account for said timber, and pay him therefor out of any moneys which may be appropriaated for said harbor; or for such other relief as they may deem meet in the premises. GEO. PARSONS. The United States, No. 2. To George Parsons, 1839. Sept. 10. To 36 sticks timber for breakwater at Platts- $350 DR. $162 00 248 50 $410 50 County of Clinton, George Parsons, of Saranac, in the county of Clinton, being sworn, says that the above account is justly due to this deponent from the United States; that he delivered the timber charged in the above account to Charles M. Watson, late United States agent for constructing the breakwater at Plattsburgh, in the summer or fall of 1839; that Levi Platt, of Plattsburgh, measured said timber by directions of Col. Watson, and that deponent has not at any time received payment for said timber from Col. Watson, nor from the United States; deponent further says that said tim ber was piled up north and adjoining the new dock in Plattsburgh, by direc tion of said C. M. Watson, in the fall of 1839. Sworn before me, this 29th day of April, 1843. GEO. PARSONS. PETER J. ROBERTS, Justice Peace. I, George Parsons, do hereby authorize Peter J. Roberts, of Plattsburgh, to collect and receive from the United States payment on the above account. GEO. PARSONS. APRIL 29, 1843. I hereby certify, that on the 15th day of December, 1838, I entered into a contract, in behalf of the United States government, with George Parsons, of Plattsburgh, for five hundred sticks of hemlock timber, of 40 feet and over in length, for which government was to pay four dollars and fifty cents each stick, delivered at or near the breakwater at Plattsburgh, New York, and for two hundred sticks to average 35 feet in length, for three dollars and fifty cents each stick; the payment for which was made conditional on a future appropriation being thereafter made by Congress for the improvement of the harbor of Plattsburgh, as, by reference to the duplicate contract on file in the Topographical bureau, will more fully appear, and delivered on those conditions. And I do further certify, that said George Parsons did deliver on the above-mentioned contract, as I am informed and believe, and which timber I personally examined on the bank of the lake near said breakwater36 long sticks of timber, and 71 short sticks of timber for which he is justly entitled to receive four hundred and ten dollars and fifty cents from the United States government; and that I employed Levi Platt, esq, to measure said timber. CH'S M. WATSON, Late U. S. agent for the improvement of the harbor of Plattsburgh. PORT KENT, April 29, 1843. PORT KENT, December 15, 1838 DEAR SIR: I have to inform you that a contract will be prepared for you under the advertisement of August 12th last, for five hundred of the long hemlock sticks, to be not less than forty feet long; to average fortyeight feet in length, and twelve inches at the small end. Also, for two hundred of the short hemlock sticks, to be not less than twenty-six feet in length, and twelve inches at the small end. This contract, with the one already given of two hundred sticks, will amount to seven hundred of the long logs, and two hundred of the short ones, and is intended to embrace all the sticks now delivered by and for you, and to contain the same provisions as the contract for two hundred sticks, with an additional covenant, making the payment of eighty per cent. contingent upon an additional appropriation by Congress; and that those delivered by water are to be piled in square piles on the beach, at least four courses high. Very respectfully, your obedient servant, Hon. GEORGE PARSONS. CH'S M. WATSON, U. S. Agent. No. 3. A contract, entered into this 16th day of August, in the year one thousand eight hundred and thirty-eight, between the United States of America, by Charles M. Watson, their agent, of the first part, and First. Said party of the first part, in consideration of, and on the performance of the several covenants and agreements hereinafter made by said party of the second part, hereby covenants and agrees to pay said party of the second part, his heirs or assigns, on the delivery of the following described bill of timber, the sum of nine hundred dollars; that is to say, for Fifty sticks hemlock timber, 50 feet long, $4 50 for each stick; All the above pieces to be sound and straight, not less than eleven inches one-half within thirty days, and the remainder within sixty days from the date of these presents. Second. Said party of the second part, for himself, his heirs and assigns, hereby covenants and agrees that he will well and truly deliver or cause to be delivered at the breakwater at Plattsburgh, New York, the above bill of timber, of the size and description above mentioned, to be sound and straight; the one-half within thirty days, and the remainder within sixty days from the date of these presents. Third. It is further understood between the aforesaid parties that the several covenants and conditions of the above contract are subject to the approval of the Topographical bureau at Washington. Fourth. Should said party of the second part fail to deliver the above timber in manner, quality, and within the time above specified, then and in that event said party of the second part hereby authorizes said Charles M. Watson, United States agent, to retain in his possession twenty per cent. of the value of such portion of the timber aforesaid as shall have been delivered, which per cent. shall be paid on the fulfilment of the contract, or forfeited on the failure of said to perform the several conditions of this contract. In witness whereof, the parties to these presents have set their hands and affixed their seals the day and year first above written. CH'S M. WATSON, GEO. PARSONS, [SEAL] [SEAL] Sealed and delivered in the presence of LOT CHAMBERLIN. Account of the measurement of one hundred and five sticks of timber, also two sticks of cedar, for the breakwater, delivered by George Parsons, esq., as follows: DEAR SIR: 1 send you enclosed an account in favor of Judge Parsons against the United States, for timber delivered for the breakwater at Plattsburgh, in the fall of 1839, together with his affidavit of its correctness, and also Col. Watson's certificate as evidence of the justness of the account, and request that you would hand the same over to the Auditor of the Treasury for settlement. You will also see, at the bottom of Judge Parsons's affidavit, au |