rate of eight dollars per month, his pension to commence on the day of March, 1844.

"The petitioner states that at the time of his discharge he knew that he was entitled to a pension; but, being at that time possessed of some property, he declined making an application for it, supposing that, in case his circumstances should ever render it necessary, he would be entitled to receive all arrearages. He further states, that he has now become poor; that he is very helpless and decrepit; and, inasmuch as no existing law will make him any allowance for arrearages of pension, he therefore prays for the passage of a special act authorizing him to receive such sum of money as will be equal to ninety-six dollars per year from the day of his discharge from the service up to the commencement of his present pension.

"The committee, in all ordinary cases, have declined recommending the passage of any law providing for the payment of arrearages of pension; but the petitioner insists that he is entitled to it, in consequence of the number and severity of his wounds, and the importance of the services rendered his country. He states that, at the time of the battle with the Indians at Fort Harrison, the enemy had succeeded in setting fire to one of the block-houses, from which the fire was communicated to the roof of the soldiers' barracks; that the commanding officer called for volunteers to mount the roof and extinguish the fire, which was within point-blank shot of the enemy's rifles; that the petitioner and another soldier volunteered and mounted the burning roof; that his companion was immediately shot down, and he severely wounded; but that he succeeded in extinguishing the fire, and thus saving a large amount of valuable property to his country, at the imminent peril of his life. He further states that, while in the line of his duty, he upon one occasion received a rifle ball through his leg, below the knee; that upon another he had his jaw-bone and his skull fractured; and that upon a third a splinter from a shot cut his abdomen completely open for some six inches in length; and that the combined effect of all these wounds renders him wholly incompetent to support himself and family.

"The committee, from the certificate of the surgeon and his commanding officer, are satisfied that the above statement contains the whole truth. The committee therefore deem this a case which will warrant a departure from general rules, and accordingly recommend the passage of a bill for his relief."

"The bill then reported not being reached, and the committee agreeing with the views set forth in said report, again recommend the passage of a bill for the relief of Anthony Walton Bayard." This bill also failed to become a law.

Upon a careful re-examination of the case, your committee are satisfied that the highly valuable and meritorious services of the petitioner entitle him to further remuneration. Had he made the proper application, he would have been entitled to a full pension from the date of his wounds in 1812. By his neglect to make the application he failed to receive more than $3,000, to which his services and wounds would have entitled him. The committee do not propose now to pay him this sum, but, Congress having determined in 1852 that his service

and sacrifices entitled him to a pension of $20 per month, in which this committee fully concurs, they regard it as just that that rate of allowance should be made to take effect from the time his name was placed upon the pension roll in 1844, and they report a bill having that effect, and recommend its passage.

IN THE SENATE OF THE UNITED STATES.

MAY 17, 1858.-Ordered to be printed.

Mr. CLARK made the following

REPORT.

[To accompany Bill S. 373.]

The Committee on Claims, to whom were referred the reports of the Court of Claims, in the cases of Letitia Humphreys, administratrix of Andrew Atkinson, deceased, and of Robert Harrison; and also the memorial of the said Harrison to Congress, praying, in behalf of himself and other claimants, the full and faithful execution of the 9th article of the treaty of 1819 with Spain, by the payment of the residue of the decrees made by the United States judges in their favor, report:

That they have examined the facts and principles of law connected with these cases with the care and mature deliberation which the importance of the principles and the magnitude of the aggregate amount involved seemed to require.

The cases referred belong to a class, all depending on the same principles and considerations arising under the last clause of the 9th article of the Florida treaty of 1819.

In order that the Senate may fully understand the decision of the Court of Claims on the cases reported, and the merits of the class of claims to which the cases referred belong, the committee deem it proper to give a succinct statement of their nature and origin.

In 1811 relations of peace and amity existed between the United States and Spain, under the treaty of 1795; but the relations between the United States and Great Britain, and between the latter power and Spain, were of such a character as to create apprehensions on the part of the United States that Great Britain would seize the provinces of East and West Florida, then a dependency of the crown of Spain; and the United States having long looked to a cession of those provinces as an indemnity for her just claims upon Spain, and being unwilling, from their geographical position, that any other power should possess them, and especially Great Britain, with whom we were then on the eve of war, Congress, on the 15th day of January, 1811, passed an act and joint resolution, by the former of which the President was authorized to take possession of the Floridas, "in

case any arrangement has been, or shall be, made with the local authority of said territory for delivering up the possession of the same, or any part thereof, to the United States; or in the event of any attempt to occupy the said territory, or any part thereof, by any foreign government."-(3 Stats. at Large, pp. 471, 472.) And for that purpose, the President was authorized by that act to employ any part of the naval and military forces of the United States; and $100,000 was appropriated for that object.

General George Matthews and Col. John McKee were appointed military agents or commissioners of the United States, by the President, with secret instructions "to repair to that quarter with all possible expedition," for the purpose of carrying out the intention of the act of Congress, with authority, if necessary, to call to their aid the naval and military forces of the United States in that quarter of the Union, the commanders of which had been instructed to obey their orders. (American State Papers, vol. 3, Foreign Relations, p. 571.)

No surrender of that province was made by the governor, and the agent of the United States proceeded to take possession of the whole inhabited portion of East Florida, except the city of St. Augustine, including Amelia island and the neutral port of Fernandina; and this possession, thus acquired, was forcibly maintained until about the middle of May, 1813, when the United States troops were withdrawn by command of General Pinckney.

As this occupation of East Florida by the American forces was strenuously and forcibly resisted by the Spanish authorities thereof, a feeling of great bitterness on the part of the invading forces was excited against the loyal Spanish inhabitants and officers; and an occupation of the province, which was only intended by Congress, in the condition of things found to exist, to be peaceful on the part of the United States and voluntary on the part of the Spain, was converted into a forcible occupation by the agent of the United States.

It appears, from the correspondence between Mr. Adams and Mr. Onis, which led to the treaty of 1819, that mutual indemnities for all injuries were fully agreed upon before General Jackson entered Florida in 1818.-(American State Papers, Foreign Relations, vol. 4, pp. 465, 467, 475.)

Both these last named invasions of General Jackson and his army were also complained of by Spain as violations of her neutrality; but were justified, or sought to be excused by the United States, on the ground of necessity; while no such ground was ever urged in justification of the invasion of East Florida, in 1812 and 1813.

For all these injuries, Spain earnestly demanded satisfaction; and when the treaty of 1819 was concluded, the following provision was inserted, and constitutes the last clause of the 9th article of that instrument, viz:

"The United States will cause satisfaction to be made for the injuries, if any, which, by process of law, shall be established to have been suffered by the Spanish officers and individual Spanish inhabitants by the late operations of the American army in Florida."-(Statutes at Large, vol. 8, p. 260.)