century after his case was reported to Congress, yet he made no further application for relief to any department or officer of the government. Indeed, so entirely had all recollection of his claim escaped even from his own family, that more than sixty years from the time he went before the judges had elapsed before it was again presented. Such long continued silence, under such circumstances, raises a very strong presumption against the justice of the claim. Our opinion is, that the petitioner is not entitled to relief. 36TH CONGRESS, HOUSE OF REPRESENTATIVES. REP. C. C. 2d Session. No. 265. SELMAR SIEBERT. [To accompany Bill H. R. C. C. No. 104.] DECEMBER 18, 1860.-Reported from the Court of Claims, and, together with the accompanying bill, committed to a Committee of the Whole House, and ordered to be printed. The COURT OF CLAIMS submitted the following To the honorable the Senate and House of Representatives of the United The Court of Claims respectfully presents the following documents as the report in the case of SELMAR SIEBERT vs. THE UNITED STATES. 1. The petition of the claimant and amended petition. 2. Evidence of claimant transmitted to the House of Representatives. 3. Evidence of the United States transmitted to the House of Representatives. 4. Claimant's brief. 5. United States solicitor's brief. 6. Opinion of the court allowing claimant seven hundred and thirtyone dollars and eighty-one cents, with interest at the rate of six per cent. from the 11th day of April, 1856. 7. Opinion of Judge Loring dissenting from the court allowing interest. 8. Bill for relief of claimant. 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.] SAMUEL H. HUNTINGTON, IN THE COURT OF CLAIMS. SELMAR SIEBERT, claimant, vs. THE UNITED STATES. PETITION. To the honorable the judges of the Court of Claims: Your petitioner most respectfully represents that he is a citizen of the United States, and a resident of the District of Columbia; that heretofore, to wit, on the 21st day of August, anno Domini, 1854, your petitioner entered into a certain contract with one Thomas J. Lee, a captain of the United States topographical engineers, who then acted for and in behalf of the War Department, one of the executive departments of the government of the United States, (which contract is hereto annexed as exhibit A,) by which contract your petitioner agreed to engrave on copper a chart of the Straits of Mackinac, at certain fixed rates of remuneration, stipulated for and agreed to by both parties to said contract; that it was understood that the original drawing of said Straits of Mackinac, of which drawing the engraved chart thereof was intended to be a copy, was to be furnished to your petitioner by the War Department, through said Captain Thomas J. Lee. And your petitioner further represents that, owing to some vital inaccuracies in the original drawing of the chart "Straits of Mackinac," as delivered to the claimant, it was, upon request, returned to the said Captain Lee, acting as aforesaid for and on behalf of the War Department, for correction, and was not returned by him until shortly before the 1st day of April, A. D. 1855, accompanied with a verbal order to delay the engraving until further orders, which further orders were not received until some time in the month of August of the same year, whereby, as well as by mutual consent then and at that time fully expressed, so much of paragraph one of the foregoing contract as stipulates the day and date, to wit, the first day of April, A. D. one thousand eight hundred and fifty-five, for the delivery of the proof impression of the said chart "Straits of Mackinac" to said Captain Thomas J. Lee by claimant, was abrogated. And your petitioner further represents that some time during the early part of the year of our Lord 1856, and at the special request of the War Department, the copper plate on which the said chart of the Straits of Mackinac were engraved, in strict conformity to the corrected original drawing furnished to your petitioner by the War Department, was completed, delivered up to, and accepted by Lieutenant M. L. Smith, of the topographical engineers, who succeeded the aforementioned Captain Thomas J. Lee in charge of the office. And your petitioner further represents that thereafter, to wit, on or about the 22d day of May, A. D. 1856, he presented at the office of the said Lieutenant M. L. Smith for payment his account for said work and labor done and materials furnished, according to the fixed rates stipulated and agreed to by him in said contract, (a true copy of which account is hereto annexed as exhibit B,) amounting to one thousand seven hundred and sixty-four dollars and seventy-five cents. And your petitioner further represents that the said Lieutenant M. L. Smith, by authority, and acting under the orders to him of the War Department, offered to pay, and did pay, to your petitioner only the sum of one thousand and thirty-two dollars and ninety-two cents, and refusing to pay the balance of seven hundred and thirty-one dollars and eighty-three cents, justly due your petitioner, according to the stipulations of said contract. And your petitioner, at the time of receiving said amount of one thousand and thirty-two dollars and ninety-two cents, protested against the action of the War Department in the premises. And your petitioner further represents that the above sum of seven hundred and thirty-one dollars and eighty-three cents is still justly due him from the government of the United States, and prays that this his claim may be adjudicated by your honorable court. Your petitioner is the sole owner of the claim presented. A. V. HOFER, Personally appeared Selmar Siebert before me, a justice of the peace, who, being duly sworn, says that the facts set forth in the above petition are true, to the best of his knowledge. SELMAR SIEBERT. Sworn to and subscribed before me this 9th day of June, A. D. 1857. CHARLES WALTER, J. P. EXHIBIT A. WASHINGTON, August 21, 1854. SIR: 1 accept your offer to engrave on copper a chart of the Straits of Mackinac at the following rates, viz: Copper plate Engraving all the topography, as also the title and all the lettering on the chart, except the sailing directions and $56 00 - 1,150 00 Sailing directions, at $1 50 per one hundred letters, of whatever kind. Printing, per hundred copies - 12 00 10 00 Subject to the following conditions, viz: first, a proof impression, in every respect corresponding to the drawing and comparing in style and finish of topography to the upper sheet of the Coast Survey map of Mobile bay; of sanding to Coast Survey sheet No. 2 of Long Island sound, and of lettering to the War Department map of Head of Green Bay, is to be delivered to me, or other person acting in my stead, before the 1st day of April, 1855; and if necessary, you are to wait one month before the final corrections to the proof are made. Second. That the plate is to be capable of yielding three thousand fair impressions. Third. That I do not engage to have any certain number of impressions taken beyond three hundred, but that the plate is to be delivered into my hands at any time, and that you engage to print as many copies as may be required within the six months succeeding the delivery of the plate. Fourth. That I am to be the judge of the quality of the work and of the paper and printing. Fifth. That all additions and corrections other than those caused by your own fault or neglect will be paid you at Coast Survey rates, according to a schedule in my possession for your inspection; the day's work to be estimated at $6. Sixth. After the final corrections are made, the engraving approved by me, and one hundred impressions delivered, together with the plate, if required, you are to receive the full amount of all charges, as above, but no part payment will be made. Yours, respectfully, Mr. SELMAR SIEBERT. THOS. J. LEE, Captain Topographical Engineers. I accept the above conditions. WASHINGTON, August 21, 1854. SELMAR SIEBERT. Copper plate EXHIBIT B. Lieutenant M. L. Smith, Topographical Bureau, to Selmar Siebert. For engraving chart of Straits of Mackinac Taking out the degrees and retouching the work thereby $1,150 00 56 00 spoiled Additional work and alterations 100 00 Letters on sailing directions and notes, 6,600, at $1 50 per 100 letters 99 00 Selmar Siebert, the plaintiff in the above suit, respectfully asks to amend his petition, heretofore filed, in this: That he claims interest upon the amount set out therein as due to him by the defendant, under and by virtue of his contract with Captain T. J. Lee, acting on the part of said defendant, to engrave the plate of the chart of the Straits of Mackinac, &c.; and he further claims that he is entitled to and should be compensated by the said defendant for the damages immediate and consequent to which he was subjected, because of the breach |