1st Session. No. 7. IN SENATE OF THE UNITED STATES. JANUARY 15, 1850. Mr. BALDWIN made the following REPORT: The Committee of Claims, to whom was referred the petition of Jeremiah Downs, praying an allowance, to the amount of $2,106, for forage and transportation for a company of mounted volunteers recruited by hin for the war with the Creek Indians, in 1813 and 1814, having had the same under consideration, report: That the grounds on which this claim was originally disallowed, as stated by the Third Auditor of the Treasury, in the accompanying document, addressed to the chairman of the Committee of Claims of the House of Representatives, in the year 1823, appear to be satisfactory; and, no new evidence having been furnished by the memorialist, the committee recommend that the prayer of his petition be not granted, and ask to be discharged from the further consideration thereof. The United States To Captain J. Downs and Company, Dr. 1813 and 1814. To 95,000 weight fodder or hay, at $2 per hun dred To transportation, as the law allows $1,900 206 2,106 Personally appeared J. Downs, who deposes and says, that he commanded a company of mounted riflemen, in 1813-1814, under Colonel Russell the greater part of the time; and that there is, according to law, 95,000 weight of fodder or hay due himself and company, during the six months they were in the service of the United States; that he had duplicate returns made out, while in the Creek nation, and that he got several of them signed by Colonel Russell, and the assistant deputy quartermaster could not lift the returns for want of funds; and that the returns were lost during the campaign at New Orleans, in 1815, together with his account for transportation during the campaign in the Creek nation, which was $206. Has never received any consideration. Sworn to, January 3, 1823, before J. DOWNS. TH. C. SCOTT, Par. Judge. Hagner, Auditor, notices Colonel Russell's certificate at length, recapitulating it; and then he says, after mentioning "that the Committee of Claims had it:" "Resort has been had to the rolls, which show that the company, consisting of three commissioned and thirty-seven non-commissioned officers and privates, (40,) commenced service October 21, 1813, and remained till April 20, 1814. As regards the hay or fodder, without vouchers, evincing the captain to have purchased, paid for, and supplied the same to the horses of his company, the claim would not be admissible either by the accounting officers or by any of the disbursing officers in the Quartermaster's department. He alleges, it is observed, in his petition, X to X, underlined; but this, in the material part, appears to be repugnant to that portion of Colonel Russell's certificate, in which, after mentioning that little or no long forage was issued, he says, "because it was not to be had." In reality, therefore, the claim would seem to be for a money allowance in lieu of long forage; and this has never, within my knowledge, been authorized by law or regulation. By law, commissioned officers had, at the time in question, the option of receiving eight dollars per month for each horse they were entitled to keep, in lieu of forage, when not drawn in kind; and the non-commissioned officers and privates had the option of receiving twenty-five cents per day, in lieu of rations and forage, when they provided the same; but neither were entitled to draw a part of the forage in kind and to be paid for the remainder. That, as regards the horses of this company, both officers and men drew the grain portion of the forage during the whole term, is not denied. Had there been either law or regulation to justify a further allowance, it could not have been made to the captain, (except as to his share,) without evidence of his being duly authorized by the several members of his company to act for them. "The charge of transportation is too inexplicit to be judged of. From the certificate of Colonel Russell, it would seem to be for an allowance for the transportation of the baggage of the officers. "If the United States provided the means for transporting the baggage of the company-and there is no allegation that none were so providedthe officers should have availed themselves thereof, and were not entitled to any money allowance on that account. "Mr. WHITTLESEY, "PETER HAGNER. "Chairman Committee of Claims.” 1st Session. No. 8. IN SENATE OF THE UNITED STATES. JANUARY 16, 1850. Mr. JONES made the following REPORT: [To accompany bill S. No. 48.] The Committee on Pensions, to which were referred the petition ands paper in the case of Isaac Watts Griffith, an invalid pensioner, who prays for an increase of pension, make the following report, to wit: That it appears from the certificate of the Secretary of War that the said 1. W. Griffith was inscribed on the pension list at the rate of eight dollars per month, to commence on the 28th of October, 1847. Several petitions very numerously signed by citizens of the State of bowa of high respectability, joint resolutions of the legislature of the same State, and also a letter from Major McKane, set forth in strong terms the lant conduct of the then Sergeant Griffith whilst in the service of his untry in the war with Mexico. The petitioners and Major McKane, ne of Mr. Griffith's commanding officers, a graduate of the West Point Military Academy, of the highest respectability, bravery, and intelligence, estify to the general good conduct, bravery, and zeal of Sergeant Griffith; that his services in the battles of Mexico reflected the highest honor upon imself and the regiment to which he belonged; that, at the sanguinary tattle of Churubusco, he unfortunately lost his right arm, by which he is deprived of the means of making a subsistence for himself and his famy;" and therefore pray that his pension may be increased, as has been done by Congress for others in similar cases. The gallant Major McKane, in speaking of Sergeant Griffith, says, in a letter to Hon. A. C. Dodge, "I take great pleasure in bearing testimony, from my own knowledge, to his soldier-like conduct and gallant bearing throughout his campaign in Mexico. I had ample opportunities to notice the conduct of the non-commissioned officers; and I can justly say that Mr. Griffith was equalled by few, and excelled by none, in a prompt, energetic, and faithful performance of all his duties. He was frequently detailed (out of his regular tour,) when a trusty non-commissioned officer was required for important and dangerous service, and he always acquitted himself to the satisfaction of his officers. "Mr. Griffith deserves great credit, also, for his assistance in organizing and disciplining the new troops, (especially his own company,) which rendered them so efficient in the face of the enemy. He bore a conspicu 6 ous part in the defence of the train when attacked by guerrillas at Taloma,' the National Bridge,' and other places on his march from Vera Cruz to Puebla. With his regiment he crossed the pedrigal in front of Contreras,' on the 19th of August, and participated in the assault from the rear on the morning of the 20th, and finally fell wounded at Churubusco, where more than one-third of the regiment melted away before the heat of the enemy's fire." For these considerations, the committee herewith report a bill for the relief of the said Isaac Watts Griffith. |