stances seems to have been good, states that he is confident the success of the enterprise, so far as the Caledonia was concerned, was owing to the energy and unflinching courage of Captain Towson, who had the faculty of inspiring all his men with his own resolution and spirit.

The important part borne in this perilous enterprise by Captain Towson, on board the Caledonia, not only in assuming the command at a critical moment, but in saving the vessel and rich cargo from destruction, at great personal hazard, is well attested; and Generals Brown and Scott, Major Barker, Captain Champlin, and Major Camp, all concur in commendations of his valuable services to the country. Indeed, his fame is inseparable from the several brilliant actions which rendered the names of Brown and Scott illustrious in the campaign of 1814.

The value of the Caledonia is estimated by Captain Champlin at $15,000, without her armament, and by Major Camp at $30,000.

The cargo of the Caledonia was estimated by the news of the day at $200,000. It consisted of valuable furs and peltries. Major Camp states that the skins were used for the army and the fine furs sent to New York. Captain Towson himself stated his impression that a large portion of the cargo of the Coledonia was put into the public storehouses at Black Rock, and some of it burnt by the British. The part sent to New York city was sold by the United States marshal, and no part of the proceeds paid over to the captors. Captain Towson also states that a suit was instituted in the United States district court for the southern district of New York, and, after much delay, on a second trial, a verdict was rendered in favor of the captors of the Caledonia, but for what amount is not known; but that no part of it was ever paid over to the captors.

The present clerk of the United States court states that the books and papers of his office having been burnt, he is unable to give any information at present in regard to the suit aforesaid, but that the amount of the verdict was probably paid into the hands of Heron Rudd, who was clerk of the court from 1812 to 1816, and became a defaulter for about $60,000.

Captain Towson explains, in a letter, the reasons for his delay in making the application, and is desirous that Mrs. Elliott, the widow of Commodore Elliott, should also be provided for, so far as her husband was entitled for planning the expedition. Mrs. Elliott herself desires to be included, and refers to her papers, connected with an application which she was about to make, in the hands of an attorney, since deceased; but the main facts of the case are referred to as being part of the public records of the times.

On referring to the legislation of Congress on this subject, it does not appear that any allowance has ever been made for the Caledonia or her cargo. On July 13, 1813, Congress included in "An act to reward the officers and crew of the sloop-of-war Hornet," &c., a provision "to Lieutenant Elliott, his officers and companions, &c., the sum of $12,000 for the capture and destruction of the British brig Detroit."

In a joint resolution, approved January 29, 1813, Congress acknowledged the brilliant achievements of Captains Hull, Decatur, and Jones, in the capture of the British vessels Guerriere, Macedonia, and Frolic.

The second section of the said resolution authorized the President to present to Lieutenant Elliott, of the navy, an elegant sword with suitable emblems and devices, in testimony of the just sense entertained by Congress of his gallantry and good conduct in boarding and capturing the British brigs Detroit and Caledonia, whilst anchored under the protection of Fort Erie.

It is with reference to the part borne in this brilliant and hazardous affair by Captain Towson, that the statements of General Scott and Brown, and Major Barker, apply; and in regard to which General Brown said, in his letter of October 8, 1814, "the modesty of Captain Towson forbade him to urge his pretensions; but the government gave intimation that a suitable notice would be taken of this meritorious act.'

The delay in this application, as explained by General Towson, does not in any degree detract from the merit or justice of the claim now pending, the facts forming a part of the history of the country.

It is, therefore, recommended that a bill be passed directing payment to be made to the widow of the late Commodore Jesse D. Elliott, to the legal representatives of the late General Nathan Towson, and the other officers engaged in the enterprise, and to the sailors, soldiers, and volunteers accompanying them, according to the usages of the naval service in regard to captures from the enemy, for the capture and preservation of the brig Caledonia. The value of the cargo, or of such part as was applied to the use of the army, is not ascertained with sufficient precision to justify an allowance at present, and, therefore, no action upon this branch of the memorial is deemed advisable. It was deemed proper, when the subject was under consideration at the last session, that in view of the gallant service, the high responsibility assumed by General (then Captain) Towson at a critical moment, and the important part performed by him, not only in the action itself, but in saving the Caledonia for useful service in Commodore Perry's fleet, that special distinction and an honorary reward were due from Congress to General Towson-Lieutenant Elliott having been thus honored as the projector of the enterprise-and the committee unanimously resolved to recommend the presentation of a sword to the gallant general; but before there was time for formal action upon the subject General Towson died, unaware of this intended mark of gratitude and respect. Whether the honor thus intended for the hero himself in his lifetime shall be transferred to his nearest male relative is reserved for future consideration.

In the meanwhile, the committee report a bill providing payment to the captors of the Caledonia for the value of said brig, to be paid according to the usages of the naval service.

IN THE SENATE OF THE UNITED STATES.

JULY 8, 1856.-Submitted, agreed to, and ordered to be printed.

Mr. JONES, of Iowa, made the following

REPORT.

The Committee on Pensions, to whom was referred the petition of Mrs. Michal Cartner, widow of Henry Cartner, praying a pension, beg leave to report:

That the name of one Henry Cartner is found enrolled on the muster rolls of Kentucky mounted volunteers, Wayne war, but there is no evidence that this is the husband of the petitioner, or that he contracted any disease, or was wounded during his service. The only act of Congress granting half pay to the widows and orphans of officers and soldiers of the Wayne war is the act of February 3, 1853, which requires proofs of death of officer or soldier from wounds received or disease contracted while in service, and in the line of duty. The petitioner offering no evidence of this fact, and asking a pension merely upon the grounds of services rendered, the committee report the following resolution:

Resolved, That the committee ask to be discharged from the further consideration of the petition.

IN THE SENATE OF THE UNITED STATES.

JULY 8, 1856.-Submitted, agreed to, and ordered to be printed.

Mr. JONES, of Iowa, made the following

REPORT.

The Committee on Pensions, to whom was referred the petition of Samuel Warner, praying relief on account of an injury received while in the naval service of the United States, beg leave to report:

That during the 26th Congress the same petition was referred to the Committee on Naval Affairs, when, after mature deliberation, the following report was submitted:

Report of the Committee on Naval Affairs on the bill for the relief of Samuel Warner, January 20, 1840.

"That on examination of the testimony in support of the bill, the committee deems it altogether unsatisfactory. It is derived from the mouth of a single witness, who declares that he is the sole survivor, besides the applicant, of all the officers, crew, and marines belonging to the Essex frigate and Connecticut sloop-of-war in the year 1800. It is remarkable, if true, that these two persons should be the sole survivors; and the testimony being altogether ex parte,' it would be a rare accident, however false the allegation may be, if evidence to the contrary should fall into the hands of the committee. The petitioner represents that, while in the performance of his duty he received a rupture of the abdomen, (the witness describes the injury as a wound received, which the doctors called a rupture.) It does not appear that the witness was present, or pretends to have been present, when the injury complained of by petitioner was received; and there is nothing to show, allowing the rupture to have been complained of at that time by petitioner, that it was not an original constitutional infirmity, or the effect of some other cause previously existing. The suspicion that this may have been so, gathers strength from a certificate on file, made by a surgeon at the instance of petitioner in 1812, to exempt him from military duty. In this certificate it is stated that the petitioner is afflicted with rupture; but it is not said (as your committee thinks would have been natural had the fact been, as now alleged,) that the injury was received in the public service. The committee further thinks that special legislation is to be avoided save in the most