ferred to to represent the interests of the United States
in legal proceedings "for flowage damages hereinbefore described,"
acting apparently under the assumption that because the dams in question
had not been lowered it was the opinion of the officer in charge that
they should not be lowered, has had such surveys, investigations, etc.,
made as were deemed necessary by him to protect the interests of the
United States, and under this action it is understood that, at the
instance of claimants, judges of the circuit court have appointed
commissioners to decide on the amount of compensation due, and the
judges have fixed the rate of compensation the commissioners are to
receive. These commissioners are not appointed at the instance of the
United States.

In this way the awards for damages have already been made to the amount
of $70,000, and ultimately a much larger sum will be claimed to be due
from the United States.

The officer of engineers in charge of the improvement of the Fox and
Wisconsin rivers reports that the dams which have occasioned the flowage
were not constructed by the canal companies, and are not at all
necessary for the purposes of navigation, and so far as that is
concerned could not only be lowered, but entirely dispensed with.

They were built by private parties solely for their own use and profit
and for water-power purposes, and have raised the water level and
caused the flowage, for which they should be held liable.

In view of the preceding facts, and for the additional reason that the
subject of the liability of the United States is now being investigated
by the Department of Justice, it is respectfully suggested that the
inclosed act to amend chapter 166 of the laws of the second session of
the Forty-third Congress (S. 692) should not become a law.

A.A. HUMPHREYS,

_Brigadier-General and Chief of Engineers_.

EXECUTIVE MANSION, _July 11, 1876_.

_To the House of Representatives_:

For the reasons set forth in the accompanying report of the Secretary of
War, I have the honor to return herewith without my approval House bill
No. 1337, entitled "An act for the relief of Nelson Tiffany."

U.S. GRANT.

WAR DEPARTMENT, _June 7, 1876_.

The PRESIDENT.

SIR: I have the honor to return House bill No. 1337, "for the relief of
Nelson Tiffany."

The Adjutant-General, to whom the bill was referred, reports as follows:

"Nelson Tiffany, private, Company A, Twenty-fifth Massachuset