and continued to do so until his ammunition was expended. The enemy immediately landed and the militia retreated. The enemy then burned the warehouses with all the tobacco contained therein."

General Biscoe further states that he always understood that Rinaldo Johnson had a quantity of tobacco burned in the warehouse, and that from his place of residence at Nottingham, eight miles off, he discovered the warehouses to be on fire.

Affidavit of James Baden.

Mr. Baden says that on the 17th June, 1814, Magruder's warehouse, "having been occupied a short time previously by the American forces," was burnt by the British. That Rinaldo Johnson had eighty hogsheads of tobacco in it, which was also burned, and that "the burning of said warehouse was in consequence of such previous military occupation by the American forces aforesaid."

Second affidavit of Mr. Baden.

STATE OF MARYLAND, Prince George's county, to-wit:

Peronsally appeared James Baden of the county aforesaid, before the subscriber, one of the State of Maryland justices of the peace, for Prince George's county, aforesaid, and being sworn on the Holy Evangely of Almighty God, deposeth and sayeth, that he was a qualified inspector of tobacco for Magruder's warehouse in Prince George's county aforesaid, on the Patuxent river, for the years 1813, 1814 and 1815, and in March, 1813; when he took possession of said warehouse, Rinaldo Johnson, sr., a large planter in Prince George's county, had stored in said warehouse sixty-eight hogsheads of tobacco, all of which belonged to said Rinaldo Johnson, senior. This deponent is able to speak positively of this number of hogsheads from an examination of a paper (intestive-now in his possession, and a copy of which is herewith filed, marked A,) which shows the condition of the warehouse and the amount of tobacco stored in said warehouse and to whom the tobacco belonged. This deponent further states that each hogshead averaged at least one thousand pounds. That the tobacco thus stored by the said Johnson was destroyed when the warehouses at Magruder's were burned by the naval forces of Great Britain, in June, 1814. This deponent further states that the inspection books of said warehouse were burned when the British destroyed the aforesaid warehouses, which had been used by the militia as a work of defence and fortification, they being the only houses located on the shore of the river and which furnished an entrenchment behind which our forces obtained protection and in consequence of their use and occupation by troops as a military post or depot, I believe may be ascribed its destruction by the enemy, for as soon as troops were forced to retreat from the warehouses in consequence of superior numbers and ordnance of the enemy, they come and conflagrated said warehouses and their contents. This deponent further states that the warehouses as aforesaid were occupied by our troops from the extreme necessity of the case; at this assailable point there were no other

means to which our troops could resort for protection or occupation, but the said warehouses; they were the only defences then available, and hence the necessity of occupation and planting our cannon in such a manner as to render it effective and to cover our troops from the fire of the enemy. Captain Naylor, who commanded the company, died several years ago, as well as other officers.

Sworn before me the 13th day of April, in the year 1850.
CLEMENT R. CONNUCH,

Justice of the Peace in and for Prince George's County, Md.

For the character and standing of Mr. Baden, who made the foregoing affidavit, I beg to refer to the Hon. Mr. Pratt, senator from the State of Maryland.

APRIL, 1850.

Mc. C. YOUNG, Attorney for Claimants.

Affidavit of George Washington Biscoe.

WASHINGTON, February 27, 1832.

DEAR SIR: The statement which I am about to make, if necessary, I can verify on oath. I now do so on honor as brigade commander of the militia of Maryland, and an officer holding a commission of surveyor and inspector of the revenue under the general government. You request information on the subject of the defence of Magruder's warehouse, in June, 1814, by a detachment of militia acting under my orders. In reply I have to state, that the captain in command reported to me his rencounter with the enemy at that place; he stated, that on the near approach of the British barges (said to be) under the command of Commodore Barry and Colonel Malcomb of marines, he posted his men behind the warehouses, situated within thirty yards of the shore, and that so soon as his fire of musketry could be deemed effectual he commenced, and continued to do so for an hour or two being under cover of the warehouses; finally, his ammunition being expended and he was compelled to retire, the enemy then landed and set fire to the warehouses, which were burned.

I am aware that you sustained considerable loss in tobacco there and elsewhere on the Patuxent river, from the circumstance of your having purchased of me more than one hundred hogsheads, which, with the exception of a few, (say to the best of my recollection,) four or five of the warehouses here, were either burnt in Magruder's warehouses at the period above stated, or was carried away by the enemy on their retreat from the city of Washington to the shipping at this place. At one period I used the tobacco in the warehouses here for military purposes, a part of which, I recollect, was your property, (having sold it to you.)

Wishing you success in your appeal to Congress, I remain, truly, your obedient servant, GEO. WASHINGTON BISCOE.

CHARLES J. CATLETT, Esq.

Affidavit of Jesse Selby.

WASHINGTON COUNTY, D. C., to wit:

On the 20th day of December, 1833, personally appears before me, the subscriber, a justice of the peace in and for said county, Jesse Shelby, and makes oath on the Holy Evangely of Almighty God, that he was stationed at Magruder's warehouse, on the Patuxent river, in June, 1814, in a company of Maryland militia, commanded by Captain Joshua Naylor, and that the said warehouse, he verily believes, was burnt in consequence of said company being there, and the said werehouse affording protection, and being occupied by them. This deponent further states that Captain Naylor died in the year

1825.
Sworn before

HENRY WENTZ, J. P.

TREASURY DEPARTMENT,

Third Auditor's Office, November 30, 1850.

The foregoing is a true copy of the original on file in this office. JNO. S. GALLAHER.

Auditor.

These statements, meagre as they are in many respects, leave but little doubt as to the main facts involved.

Magruder's warehouse was a common depository for the planters of that vicinity, and when destroyed it probably contained the property of many individuals. Catlett and the widow of Swan have heretofore appealed to Congress for payment for tobacco destroyed in it.

When the British ascended the Patuxent, the Maryland militia were assembled in force to annoy or arrest their progress. The captain of a company of militia, for this purpose, posted his men, upon his own responsibility, "behind the warehouse, situated within thirty yards of the shore, and so soon as his fire of musketry could be deemed effectual, he commenced, and continued to do so for an hour or two, being under cover of the warehouse. Finally, the ammunition being expended, he was compelled to retire; the enemy then landed and set fire to the warehouses, which were burned."

This statement, probably the most accurate and reliable of all that have been made upon this point, is given by General Biscoe, under whose orders the militia acted on this occasion, and to whom the officer in command reported the affair at Magruder's warehouse; and by no latitude of construction can the destruction of the warehouse or tobacco be brought within the provisions of the acts of 1816 and 1817. A party of militia hastily posted themselves, by order of their captain, behind the warehouse, and fired upon the advancing British "for an hour or two," and then retreated. This is the sole foundation for the allegation (upon which this claim rests) that the United States took possession and military occupation of it, and thereby induced the British to burn it. Had the British pursued this retreating party, it would probably have made a stand and delivered a fire upon the advancing enemy from behind every house or other cover on

their route, and they would hardly be regarded, in such case, as having taken military possession or occupation of them. It is evident that a mere temporary shelter, and not a military occupation, was designed by the militia company; for it is not at all probable that this single company was expected to hold the position behind the warehouse against a "large force of marines and seamen advancing in eleven barges.

It is not pretended that this warehouse was ever occupied as a place of deposit for military or naval stores, or as barracks for the military forces of the United States, either by or without an order of an officer or agent of the United States; and such occupation is utterly disproved by the testimony.

The opinion is expressed by some of the witnesses who testify as to its destruction, that it would not have been burned had not the militia company fired upon the enemy from behind it. This opinion may, or may not, be correct; it is immaterial to the decision of the question; but it must not be forgotten that the occupation of the Patuxent, by the British, was marked by a total disregard of the usages of war among civilized nations; that private houses were plundered, private property was taken or destroyed, and that nearly their whole operations on the Patuxent were exclusively against private property. They carried away large quantities of tobacco-all they could find, in fact; and the proof in this very case shows that on their return from Washington they carried off the tobacco found in the warehouse at Nottingham, eight miles above Magruder's.

The following extract from Niles' Register, published at the time, will show how their military operations were regarded:

Extract from Niles' Weekly Register of June 25, 1814, vol. 6, page 279. FROM THE PATUXENT.

"Commodore Barney, with his flotilla, remains blockaded in St. Leonord's creek (emptying into the Patxent,) about which is collected nearly the whole force of the enemy in the waters of the Chesapeake. Foiled in every attempt to destroy him, and suffering sverely in each attack, they have resorted to that species of warfare that Englishmen generally succeed in remarkably well; which is, to ravage the plantations, burn the houses, and carry off the spoils. It is stated that they have carried off or destroyed between 3,000 and 4,000 hogsheads of tobacco, which Messrs. Cockburn & Co. are shipping for Europe, where it bears a great price. The number of houses destroyed is not ascertained; those they suffered to remaim were wantonly injured; the doors and windows broken, &c., as well as all the furniture, ripping open the feather beds and dispersing the feathers to the winds, &c. The neighboring militia appear to have been badly provided, and little disposed to protect their property."

From Niles' Weekly Register, August 27, 1814, vol. 6, p. 444.

The following terms were offered to the city of Alexandria, on the acceptance of which the city should not be destroyed:

"Art. 1. All naval and ordnance stores, public or private, must be immediately delivered up.

"Art. 2. Possession will be immediately taken of all the shipping, and their furniture must be sent on board by the owners without delay.

"Art. 3. the vessels that have been sunk must be delivered up in the state they were, on the 19th August, the day of the squadron passing the Kettle Bottoms.

"Art. 4. Merchandise of every description must be instantly delivered up, and to prevent any irregularity that might be committed in its embarkation, the merchants have it in their option to load the vessels employed for that purpose, when they shall be towed off by us. "Art. 5. All merchandise that has been removed from Alexandria since the 19th inst. is to be included in the above articles."

Extract from "Ingersoll's History of the Late War," vol. 2, p. 159.

"Desirous, wherever it can be done, of making the enemy tell the story, I quote from an English officer, who was with Ross' army, the following account of the spirit and manner in which the expedition was conducted.

"Cruising about in every direction, they threatened the whole line of coast, from the entrance to the very bend of the bay, and thus kept the Americans in a constant state of alarm. Whenever a favorable opportunity presented itself, parties landed, plundered or destroyed the government stores, laid towns and districts under contribution, and brought off all the shipping which could be reached. In a word, the hostilities carried on in the Chesapeake resembled the expedition of the ancient Danes against Great Britain, rather than a modern war between civilized nations.'

Extract from the "Memoir of J. Barney," page 258.

"After the severe chastisement inflicted upon them for their last attempt, the enemy made no further effort to disturb the tranquility of the flotilla, but contented themselves with converting the siege into a blockade, by mooring in the mouth of the creek, where they were soon reinforced by another frigate.

"Having come to this resolution, they turned their attention to the plunder of the surrounding country, in which frequent experience had given them an unenviable expertness. Tobacco, slaves, farm