until his exchange was effected, together with other officers, by the commanding general, at the city of Mexico, in lieu of certain Mexican officers being released. After his capture, of course, it was utterly beyond his power to join his regiment, and after he was restored to liberty his regiment had been long since mustered out of the service. His papers and vouchers, which he had to show the amount of property which passed through his hands while he held those two offices, he concludes must have been either lost or destroyed in the confusion of the battle of Buena Vista, as he has never been able since to get them in his possession. With the statement of these facts, which he has plainly and clearly set before you, and regarding the peculiar circumstances of the case, your petitioner prays that you will pass an act for his benefit, relieving him from all liabilities. But should the department which has control of this business require or insist that my accounts must be closed in the ordinary manner, I feel that I am utterly and hopelessly ruined, as most, if not all of my papers, receipts, and vouchers, have either been lost or destroyed.

Most respectfully,

THOMAS J. CHURCHILL.

These statements of the capture, &c., of Lieutenant Churchill are confirmed by the report of Brigadier General Wool, and are fully sustained by the following letter from Hon. Humphrey Marshall, of the House of Representatives.

HOUSE OF REPRESENTATIVES, January 10, 1851.

SIR: I have examined the papers accompanying the petition of Thomas Churchill, of Arkansas, praying an act for his relief from liabilities to government, resulting from his employment as a staff officer in the regiment which served under my command in the war with Mexico.

Lieutenant Churchill was ordered by me to perform the duties of commissary, at Port Lavacca, in September, 1846, and he continued to discharge them until his capture in January, 1847. He also discharged the duties of assistant quartermaster from November, when Captain Robert Allen was relieved, until within a day or two of his capture, when he was relieved by Captain Bunch of the army. The quartermaster's stores with which he stands charged, according to General Jessup's letter, consisting of horses, mules, harness, saddles, &c., as well as tarpaulins, have, without the slightest doubt, been restored to the proper department, and have been disposed of by the United States. The committee are, I presume, apprised, from the character of the property charged, that it belonged to some transportation furnished to my regiment on the requisition of Mr. Churchill. The forage charged was, no doubt, used by the horses of the corps. His arms were lost, I suppose, in the capture. There were a great many vouchers, explaining the transactions of Mr. Churchill, which I secured after his capture and brought with me to Kentucky, but no opportunity of meeting with Mr. Churchill to deliver them occurred, and during the past year they were destroyed by the fire which con

sumed my dwelling house; so that I imagine he has not a voucher to guide him in any attempt to adjust his unbalanced accounts.

I entertain no doubt whatever that every species of property and every cent of money which came to Mr. Churchill's hands as an officer was honestly and faithfully disbursed to the troops under my command; for I have had every opportunity to know Mr. Churchill well, and Í bear cheerful testimony to his correctness of deportment, his unswerving integrity, his amiable character as a gentleman, and his high sense of honor, and his gallantry as a soldier. I knew no officer under my command more prompt at all times in the discharge of duty, more patient under hardship, or more exemplary in his bearing under every circumstance.

The committee will observe that the stores were to be issued to troops in campaign; the captains made their requisitions constantly on Churchill for subsistence for their commands, he being charged with them in the subsistence department. I never heard from my subaltern officers or men any complaint that they had not been furnished with rations when drawn for, and hence, also, I infer that all for which Mr. Churchill receipted he properly disbursed. I hope there will be no difficulty in granting him the relief he asks, as I feel sure the government will lose nothing thereby.

Very respectfully, &c.,

Hon. O. B. MATTESON.

H. MARSHALL.

The amounts for which Lieutenant Churchill is responsible to the government are as follows:

Quartermaster's department.

For forage, horses, mules, wagons, harness, &c.

In subsistence department.

For subsistence and funds turned over to him by other officers

621 41

Ordnance department.

For a cavalry sabre and one pair of pistols

32 00

3,748 87

The committee, in view of all the circumstances of this case, consider it one eminently entitled to relief, and have reported a bill granting the prayer of the petitioner and recommend its passage.

The Committee on Naval Affairs, to whom were referred the memorials of the representatives of General Nathan Towson, late of the army of the United States, deceased, and David R. Whitely, a member of his command, asking payment for the capture of the British brig Caledonia, have had the same under consideration, and report:

That the facts in support of the claims are embodied in the report of this committee made on the 14th February, 1855, which report is now submitted as a part of the present report, accompanied by a bill. It appears, by a certificate from the Fourth Auditor, herewith appended, that of the prize money awarded by the act of July 13, 1813, Captain Towson received four hundred dollars as his distributive share, but that the Caledonia was not included, although the pay roll was headed for both vessels. The act only appropriated twelve thousand dollars for the capture and destruction of the British brig Detroit, and no provision has ever been made for the capture of the Caledonia.

TREASURY DEPARTMENT,

Fourth Auditor's Office, June 17, 1856.

It appears by the files and records of this office that Nathaniel Towson, who held the rank of captain, received four hundred dollars as his distributive share of the prize money or "reward" appropriated by Congress for the capture of the British brigs "Detroit" and "Caledonia" to J. D. Elliot and the officers and men under his command. It appears, upon a reference to the Statutes at Large, vol. 3, page 4, chapter 8, that the appropriation was for the capture of the British brig "Detroit" only.

A. O. DAYTON,
Fourth Auditor.

IN SENATE, February 14, 1855.

The Committee on Naval Affairs, to whom were referred the memorials of General Nathan Towson, late of the army of the United States, deceased, and David R. Whitely, a member of his command, asking payment for the capture of the British brig Caledonia, have had the same under consideration, and report:

That it appears from the official account of Lieutenant Jesse D. Elliot, dated October 9, 1812, and other documents, that being in command of the public armed vessels at Black Rock, he conceived the idea of capturing two British brigs, the Detroit and Caledonia, which had just come down Lake Erie and anchored, the first about two miles above the fort, on the British side of the river, and the latter immediately under the guns of the fort.

That being short of force, Lieutenant Elliot applied to General Smyth for volunteers from the army. The artillery companies of Captains Towson and Barker were allowed to furnish part of the quota, whilst another portion was taken from the infantry. These artillery companies belonged to Colonel Scott's command. Captains Towson and Barker being of equal rank, the command was decided by lot, and the privilege was assigned to Captain Towson. [See the letter of General Winfield Scott, page 6, printed statement. See also the statement, page 8, of Major, then Captain J. N. Barker.] About thirty of the artillery were thus assigned to Captain Towson.

Two boats went off during the night of the 8th of October, 1812, on the expedition thus planned by Lieutenant Elliott-the lieutenant himself commanding one, (with the infantry on board,) and the other being in charge of Sailing-master Watts, with Captain Towson in charge of the artillerists.

After getting near the Caledonia, some hesitation was expressed by the sailing-master as to the possibility of reaching the brig, whereupon Captain Towson at once assumed the command of the boat, and ordered the men to pull alongside. [See the statement of David R. Whitely, one of the artillerists. In a few minutes, after a severe conflict, in which one of his men was killed and eight others wounded, (one of them mortally,) Captain Towson succeeded in boarding and capturing the Caledonia, with her valuable cargo, valued by Lieutenant Elliot in his official dispatch at $200,000. Soon after this the Detroit surrendered to Captain Elliot.

The Detroit was afterwards burnt by order of Lieutenant Elliot, to save her from falling into the hands of the enemy; and a similar order was given by him in regard to the Caledonia, but Captain Towson not perceiving the necessity of this, took the responsibility of saving the latter, with her rich cargo, and she afterwards formed a part of Commodore Perry's fleet on Lake Erie, and rendered good service under Lieutenant Turner, in the brillant action of the 10th September, 1813. [See the statements of Captain Champlin, of the navy, and Major John G. Camp, of the quartermaster's department.] David R. Whitely, one of the artillerymen, whose opportunities of knowing all the circum