ber of the House,) certifies that he has examined the wound, and is of opinion that the petitioner is entitled to a full pension. Mr. Brodhead, however, states in his letter that the amount of disability should be considered as one-half. The committee are of opinion that the petitioner is entitled to relief; and report a bill accordingly, allowing him one-half pension.

CAPTAIN COLE.

The Committee on Invalid Pensions, to whom was referred the petition of Captain Cole, report:

Captain Cole, a war chief of the Onandaga tribe of Indians, volunteered his services to the United States in the late war; that he was wounded in a skirmish with the enemy, near Fort George, with a musket shot passing through the muscles of his shoulder and neck; that he is now unable to perform bodily labor by reason of said wound, and prays for a pension

In addition to the foregoing statement, he produces the certificate of Peter B. Porter, late major general of volunteers in the service of the United States in the years 1813 and 1814, who certifies that Captain Cole, a war chief of the Onandaga tribe of Indians, was in the service of the United States in the years 1813 and 1814; that he was a warrior of great bravery and merit, and that he was wounded in a skirmish with the enemy near Fort George, with a musket shot passing through his shoulder and neck. He also produces the certificate of two respectable physicians and surgeons, who testify, after a careful examination of Captain Cole's case, and give it as their opinion, that, in consequence of the wound received by a musket shot passing through the muscles of his shoulder and neck, his disability is equal to twothirds. The testimony in the case being perfectly satisfactory, have no hesition in reporting a bill for his relief.

DAVID KING.

The Committee on Invalid Pensions, to whom was referred the petition of David King, report:

The petitioner states, on his oath, that, a short time before Gen. Van Renssalaer's attack on Queenstown, he was a malitiaman in the service of the United States; that, while employed in cutting wood, was wounded in the wrist by a fellow soldier with an axe. The latter end of September following, was again mustered and marched to Buffalo; on his arrival was discharged: a few days after, volunteered to cross to Canada, under Captain John Miner; that, in crossing, received a boyonet wound in his cheek, near the joint of his lower jaw. He fought, also, in the sortee made on Fort Erie on the 17th September, 1814; on the 19th following, was standing sentinel on the bastion of said fort; the night being very dark, fell from the rampart, by which fall received a wound in his left groin, which has occasioned a rupture: on the 8th of November following, was honorably discharged: he now prays a pension. In support of his claim, he produces the deposition of Matthias Handlea, who declares, on oath, that he has been acquainted with the petitioner from his boyhood, that he was with him while confined in the hospital at Fort Erie, and saw his wounds on his left side, near the bottom of his abdomen, and his broken thigh. He also produces his discharge, dated 8th November, 1814, signed John Miner, captain.

In addition, he produces the certificate of two respectable physicians and surgeons, who are of opinion that, in consequence of wounds received, as they believe, in the service of his country, that his disability at present is total.

The committee, in this case, after a careful examination of his papers, have come to the conclusion that the petitioner is entitled to his prayer; and therefore report a bill.

JOHN O'NEAL.

The Committee on Invalid Pensions, to whon was referred the petition of John O'Neal, report:

That the petitioner John O'Neal, a soldier in Captain Henry Smith's company, 6th regiment United States' infantry, states, that while he was engaged in the service of his country, was attacked with an inflammation of his eyes, in consequence of which he lost his eye sight: he now prays for a pension.

In support of his claim, he produces the deposition of Adam Brady, a fellow soldier, who states that while he was stationed at Jefferson Barracks, was personally acquainted with the petitioner; that he knew the petitioner, together with several other soldiers, was afflicted, at the same time, with an inflammation of the eyes; that the disease was so violent, that some of them lost their sight; that O'Neal was one of that number.

The deponent distinctly recollects that the petitioner became blind on that occasion: he also recollects the petitioner well, because of his wounding him, accidentally, with a mattock in his right hand, and having mounted guard together.

In addition, he produces his discharge, which states he was discharged on account of disability, dated 13th June, 1830.

JOSEPH LINN.

The Committee on Invalid Pensions, to whom was referred the petition of Joseph Linn, report:

The petitioner states that he enlisted in the company of Josiah H. Vose, of the 21st regiment of the United States' infantry, in February, 1813; that, whilst at Sackett's harbor, in May, 1813, he was detached to Col. Ripley's boat, and went to Geradin island, and there, owing to fatigue and exposure whilst in the line of his duty, was taken sick with the camp disorder, and sent back to Sackett's harbor to the hospital, where he remained about three months; when he recovered so far as to be able to do some duty; was taken prisoner at Fort Erie, in August, 1814, and carried to Halifax, where he remained until the peace; that, whilst a prisoner at Halifax, his complaint increased from fatigue and exposure, and, when set at liberty, was in a bad state, and has so continued ever since. Luke Barton, who states that he was orderly sergeant in the same company with the petitioner, makes affidavit, that, after his sickness at Geradin island, the petitioner was in a feeble state of health, and was frequently exempted from duty; that, being on guard at Fort Erie, he was taken prisioner and carried to Halifax; that he returned to Windsor, after the peace, in a bad state of health, and has so continued ever since. Elijah M. Barton, sergeant in said company with the petitioner,

confirms the above, and, being a near neighbor, states that he is certain of his receiving his present state of health by fatigue and exposure while in the army of the United States. Asa Heath and James Merrill, practising physicians and surgeons of the town of Windsor, state, under oath, that they have, for seven years, known said Linn; that he has been, during the whole period of their knowledge, affected with a chronic hemorrhoidal affection, which is incurable, and which they have no doubt was acquired whilst in the service of the United States. Dr. Heath considers him as two-thirds disabled from procuring his living by manual labor; Dr. Merrill as more than one-half disabled. The committee report a bill.

1st Session.

FRANCIS BARNES.

MAY 17, 1832.

Mr. McINTIRE, from the Committee of Claims, made the following

REPORT:

year

The Committee of Claims, to which was referred, by resolution, so much of the report of the Committee of Claims upon the subject of the claims of Francis Barnes for losses sustained by his contract to furnish the navy with whiskey, during the 1831, as is founded upon the difference between the price charged by the Navy Agent at Baltimore, for a requisition of 20,000 gallons of whiskey, and the price at which the contractor was bound to deliver it, report:

That the committee availed themselves of the power given them by the resolution to send for persons and papers, and had several witnesses from Baltimore summoned before them, and gave notice to the Navy Agent at Baltimore, Captain Isaac Phillips, of the time and object of the investigation. The witnesses first summoned, were so at the suggestion of Francis Barnes; and, on the examination of part of them, an agent of Captain Phillips attended, and placed in the hands of the committee a written statement, dated April 4, 1832. The Navy Agent addressed a letter of explanation to the committee, dated April 10, 1832, 2nd requested to have certain other witnesses examined by the committee, with which request the committee have complied.

Francis Barnes contracted to furnish the United States' whiskey at Baltimore, for the year 1831, at 30 cents per gallon, on the requisition of the Navy Commissioners. They made a requisition on him for 20,000 gallons, At his request, the time was exto be delivered on the 15th of March. tended to the 20th; and, on his application for extension of time another week, it was refused; but the Navy Agent was directed to purchase the whisOn the 23d or 24th key if Barnes failed to deliver it by the 23d of March.

of March, the Navy Agent contraeted with the house of Erskine, Eichelber ger & Co., to furnish the whiskey at the price of 344 cents per gallon. This house was contractor to supply the navy at the time, and did not deal in the article in large quantities. They employed Solomon G. Albers to purchase the whiskey, which he effected in one hour, for which he received about half a cent per gallon. Albers testifies he received, of Erskine & Co., 304 cents per gallon for the whole, and that he purchased it at different places, for some of which he gave 294 cents per gallon. Alexander McDonald, one of the firm of Erskine, Eichelberger & Co., testifies that they gave Albers 31 cents per gallon, and that they allowed Albers half a cent per gallon for preparing the whiskey, it having cost 304 cents per gallon. It ap

pears, by the testimony of Thomas G. Reyburn, that Albers purchased some of the whiskey of him at 304 cents per gallon. The discrepancy between the testimony of McDonald and Albers, may be accounted for by supposing they made an average of the prices of the several purchases, and made the addition of drayage, inspection, and labor, testified to by George A. Stamp, clerk to said house.

Thomas G. Reyburn sold 50 barrels of this whiskey to Albers on the 25th of March; and Albers testifies he purchased the whole in about one hour. The Navy Agent was not authorized to purchase, unless the contractor failed to comply with the requisition on the 23d. Philip Boyer confirms that statement as to dates. These remarks are made to correct the errors in Albers' and Stamp's depositions as to dates, in one of which the transactions are stated to have taken place in the fore part of March, and the other the middle of March.

The article purchased appears to have been good marketable proof, as it is called, or, strictly speaking, first proof whiskey, and nothing more. Mr. Albers does not appear to have done more than to have made the purchase and selection of such whiskey as would answer the contract, and, possibly, to have averaged at first proof by mixture of the different proofs when required, but, probably, the average was made on paper, so that the whole, He could not have been very on average, would come to the standard. particular neither in his selection, as he purchased 586, or rather 610 barrels, The whole was colat different places, in the short space of one hour.

leeted at Albers' store, where it was coopered, with iron hoops, by a witness, Francis Dawes, who was spoken to, by the Navy Agent, to do the work, but was paid for by Erskine, Eichelberger & Co., at the expense of the Government in a bill, in addition to the price of the whiskey. The whiskey was removed, in a few days, from this store, on board the vessel waiting to receive it; 435 barrels in April, and 151 on the 6th of May.

The price of whiskey, in Baltimore, during the month of March, 1831, is proved to have ranged from 30 to 31 cents per gallon. This appears to have been the selling price from the stores by commission, merchants and others, in large quantities; and his reference to first or second proof, and higher proofs, proportionably higher, according to the rates established by custom among dealers.

Thomas G. Reyburn, who appears to be an experienced and intelligent dealer in whiskey, testifies that such has been the competition in Baltimore, for the last two or three years, that dealers rarely ask more than a cent adVance on the wagon price, and are often satisfied with half a cent per gallon profit.

Thomas A. Norris, Charles F. Pochon, and Alexander McDonald, have answered certain hypothetical questions, propounded to them, in relation to whiskey of certain qualities and certain processes, to give ordinary and new whiskey the flavor and value of that of age, &c.; but the committee think they do not bear upon the merits of the whiskey actually purchased and delivered, and ought not, therefore, to have any effect on the interest of the contractor.

The Navy Agent, in his statement of facts, which he relies on for his jus tification, says the Board of Navy Commissioners, in their circular of January 11, 1831, directed the Navy Agents to this effect: "in procuring groce ries, &c., which are not enumerated in the contract, for those several classes of supplies, you will obtain them by open purchase, on the best terms in your