can he, after contracting that his compensation should depend upon the collection of at least $8,000 of the debt, now justly insist upon his compensation, as if the whole amount was collected, when the collection was defeated in pursuance of his own arrangement. Nor can he justly complain that he was prevented from making the collection, when the very act which prevented it was one to which he had previously given his own assent. He expressly bargained with Denton that if relief should be granted him by the "competent authority" the sum remitted should be deducted from the amount due on the note, and that the makers should be responsible for the balance only. Thus his assent was given in anticipation, and it was but for Denton to obtain the assent of Congress, and then his relief would be perfected in pursuance of the mutual consent of the only parties having interests opposed to his own. We must intend, too, that McKinne acted with a due regard not only to justice and right but to his own interests. What could he have made if the note had not been accepted? We have no means of determining. We cannot say that the note would have been given without the condition annexed to it. It is alleged, and there is evidence on this point, that by the note the debt was rendered secure; that is, that the promissors would have been able to pay the amount thereof. McKinne might well have preferred such a note, with the risk of the contingency of a release by Congress, to his chances under the regular operation of the writs of execution. He did prefer it. He voluntarily accepted it, and, in consideration thereof, discharged Denton from custody. His was a speculation at best; and he determined to risk all on the action of Congress. He acted accordingly, and was disappointed. He has now no claim for remuneration from the United States. Our opinion is that the petitioner is not entitled to relief. Judge LORING. I adhere to the opinion I read when the case was first heard. 36TH CONGRESS, HOUSE OF REPRESENTATIVES. S REPORT C. C. 2d Session. No. 264. { JACQUES CHARLANT. DECEMBER 18, 1860.-Reported from the Court of Claims, committed to a Committee of the Whole House, and ordered to be printed. The COURT OF CLAIMS submitted the following REPORT. To the honorable the Senate and House of Representatives of the United States in Congress assembled: The Court of Claims respectfully presents the following documents as the report in the case of JACQUES CHARLANT vs. THE UNITED STATES. 1. The petition of the claimant, and printed copy of evidence in the case. 2. United States solicitor's brief. 3. Opinion of the court adverse to the claim. By order of the Court of Claims. In testimony whereof, I have hereunto set my hand and affixed the seal of said court, at Washington, this 17th day of December, A. D. 1860. [L. S.] SAM'L H. HUNTINGTON, IN THE COURT OF CLAIMS.-No. 328. JACQUES CHARLANT vs. THE UNITED STATES. Schedule. 1. The petition in the Court of Claims, (A.) 2. The petition to Congress, (B.) 3. The House report No. 330, 34th Congress, 1st session, (C.) 6. Proof of heirship, &c., (F.) 7. Letters of administration, if necessary. APRIL 11, 1859. SIR: Please take notice that the above is a schedule of the evidence in this case on file in this court, and that the testimony is closed on the part of the claimant. Yours, &c., The U. S. SOLICITOR. C. K. AVERILL, A. To the honorable Judges of the Court of Claims of the United States: The petition of Jacques Charlant, of St. Anthenos, Canada East, the only surviving child and heir-at-law of Peter Charlant, deceased, begs leave respectfully to represent unto this court that he is interested as the child and heir-at-law in a claim which the said Peter Charlant had against the United States to a pension for services and wounds. received in the revolutionary war, who made application, and died on the 3d day of March, 1820, before the same was allowed. And your petitioner further states that his father, Peter Charlant, was a sergeant in General Hazen's regiment, and served to the close of the war; that he was wounded and disabled in the service of the United States in said war, and lost his left eye from the wound of a bullet in the forehead, which fractured his skull; he was also wounded in the hand and in the body by bullets; the latter wound was the cause of his death, from which he gradually wasted away. And your petitioner further states that under the act of Congress, March 3, 1792, entitled "An act for the settlement of the claims of widows and orphans, barred by the limitation heretofore established, and to regulate the claims to invalid pensions," the father of your petitioner, then being in Boston, applied to the judges authorized by said act, who recommended his case to Congress, in substance, that at the May term, 1792, before the judges of the circuit court of the United States for the district of Massachusetts; that Peter Charlant preferred a petition setting forth his services in said war till he was wounded. and taken prisoner by the enemy; and after his return, again engaged in the service and was disabled therein; that he personally appeared before said court, and it appeared he was a native of Canada and attached to the command of General Hazen, but what rank did not clearly appear; that in the service of the United States he was wounded by a party of the enemy and disabled by having a ball pass into his body, another through his left hand, and by a third his skull was fractured, and he was thereby deprived of the use of his left eye, from which wounds he was disabled from procuring a livelihood by labor; that his disability was satisfactorily proved to them, and that it happened while in the service of the United States; but as he was not an inhabitant within the United States he had not procured any certifi cate from the freeholders of the town, city, county or parish where he lived, and which could not possibly be procured. But they say: "We have considered him as entitled (if within the intention of the act) to the half pay of a sergeant, and to two hundred dollars as arrears of pay; he appears to have been allowed, while on one of his journeys in the service of the United States, by order of the Secretary of War, one ration and a half. We really think he ought to be provided for. He is now poor and much distressed, and we warmly recommend him to the notice and benevolence of Congress. "JOHN JAY. Your petitioner shows further that said claim was reported to Congress, (see American State Papers, Claims, vol. 3, pages 68, 109,) but no action had thereon. Also, that your petitioner applied to Congress in 1854, but he is not advised what action was had thereon. Your petitioner, therefore, prays that this honorable court will report a bill for the payment of said arrearages of two hundred dollars, and the interest thereon, and also the monthly allowance of five dollars, as certified by the judges, from the time they so certified until his death, and that the same be paid to his child or children. And your petitioner, as in duty bound, will ever pray. his JACQUES CHARLANT. mark. CANADA EAST, County of Iberville, 88: Jacques Charlant, of St. Anthenos, in the county of Iberville, Canada East, being duly sworn, doth depose and say that the petition above, by him subscribed, contains the truth, according to the best of his information and belief. his JACQUES + CHARLANT. mark. Sworn and subscribed before me, V. Runlette, this 19th day of September, A. D. 1855. [L. S.] V. RUNLETTE, Notary Public. B. To the honorable the Senate and House of Representatives of the United States in Congress assembled: The petition of Jacques Charlant, the only surviving child of Peter Charlant, a revolutionary invalid pension claimant, respectfully shows unto your honorable body that the said Peter Charlant was a sergeant in the Congress regiment, commanded by Brigadier General Moses Hazen, in the revolutionary war, and served through the war; that the said Peter Charlant was an inhabitant of St. John's, in Canada, at the breaking out of the American revolution, and the owner of real estate, which was confiscated and lost to him in consequence of the active part he took in the war against Great Britain; and he was obliged to flee, and seek protection in the United States, and enlisted in its service. And your petitioner further shows that the said Peter Charlant, in the service of the United States, was once a prisoner and three times wounded in engagements with the enemy, and was disabled through life, with the loss of his left eye, by a wound he received in his head, and thus deprived of the means of procuring a sufficient subsistence for himself and wife, who were thrown on the bounty of their children for support until his death in 1820, and her death ia 1838. And your petitioner further shows that, in May term, 1792, the said Peter Charlant made application to be placed upon the invalid pension roll, under the act of Congress, in 1792, and received a certificate from the honorable judges of the circuit court of the United States for the district of Massachusetts, which concluded as follows: "We have considered him as entitled (if within the intention of the act) to the half pay of a sergeant, and to two hundred dollars as arrears of pay; he appears to have been allowed, while on one of his journeys in the service of the United States, by order of the Secretary of War, one ration and a half; we really think he ought to be provided for; he is now poor and much distressed, and we warmly recommend him to the notice and benevolence of Congress.' -(See American State Papers, Claims, No. 1, vol. 3, pp. 68, 109.) And your petitioner further shows that the said Peter Charlant and his widow died without ever having received a pension, or the arrearages of pay due to him at the close of the revolutionary war, or other losses. He therefore prays your honorable body will take into consideration the justice of his claims as the sole heir and child of his father, and pass an act or law that his heir or legal representative shall be entitled to receive the arrears of pay, as certified due to him, with reasonable interest; and that the children of the said Peter Charlant be entitled to receive from the United States the pension he would have been entitled to receive, had his claim been then allowed, from the time of his application until his death. All which is respectfully submitted. JACQUES CHARLANT, His Attorney. |