1st Session.

BARTHOLOMEW DELAPIERRE.

MAY 3, 1830.

Mr. CHILTON, from the Committee on Military Pensions, made the fol

lowing

REPORT:

The papers in this case show that Bartholomew Delapierre was a volunteer, and acted as an Aid to General Peter B. Porter, in the late war, at the sortie of Fort Erie, on the 17th of September, 1814.

General Porter states that he behaved with great gallantry, and received a severe wound. Major George Howard, then a Major of the United States' Army, says that Delapierre behaved in a very gallant manner, and received a severe wound from a bayonet. W. F. Piat, physician and surgeon, Benton W. Halsey, then surgeon's mate 15th United States' infantry, and Alexander H. Stevens, M. D. swear that the wound was a severe one, on the left thigh, above the knee, and the effect would continue and increase through life. They also state, from good authority, that Delapierre behaved bravely and magnanimously. The Recorder of the city of New York certifies as to the high standing of the physician and surgeon. Delapierre had not received any pay for services, as shown by him. It is also proved, by the oaths of others, that he is in indigent circumstances. The committee think him entitled to relief, and therefore report a bill for his benefit.

1st Session.

SAMUEL WAGSTAFF.

MAY 5, 1830.

Mr. WHITTLESEY, from the Committee of Claims, made the following REPORT:

The Committee of Claims, to which was referred the petition of Lewis Davenport, the representative of Samuel Wagstaff, report:

That the claim is for the loss of a house at Youngstown, which was destroyed by the British during the late war, in consequence of its being in the military occupation of the troops of the United States. The claim was presented to the Commissioner of Claims, under the act of April 9th, 1816, and was afterwards, under subsequent laws, transferred to the Third Auditor, for his investigation and decision. He reported against the claim; and Samuel Wagstaff presented his petition to Congress on the 28th of December, 1826, and an unfavorable report was made by the Committee of Claims, on the 22d of January, 1827. The Third Auditor rejected the claim because the testimony did not satisfy his mind that the house, at the time of its destruction, was occupied by the troops of the United States by the order of an officer.

The claim is presented again, with additional testimony. It is proven by the testimony of Captain Leonard, that the house was taken possession of by his order, and occupied by the troops of the United States, until its destruction, on the 19th of December, 1813. Captain Frasier testifies that he occupied the house for a few days, with his company, in December, 1813; and that, when he left it, it was taken possession of and occupied by the sick soldiers from Fort Niagara. Doubts have heretofore existed as to the occupation, by order of an officer, from the apparent inconsistency in the depositions of Captain Leonard and Captain Frasier. This is explained by their depositions, which have been taken since the report of the committee was made. Captain Leonard testifies that the house was occupied first by his order: Captain Frasier testifies, that, subsequently, he occupied it with his company; and that, when he left it, it was occupied by the sick from Fort Niagara, under the care of Dr. Manley; and that he saw an order in the hands of Dr. Manley, from Capt. Leonard, directing him to take possession of the house; and that he saw the sick in it, on the 18th of December, 1813. Captain Leonard, in his additional deposition, testifies, that he verily believes he gave an order to Dr. Manley, or Morely, to occupy any building he could obtain at Youngstown, for the accommodation of the sick. The house was destroyed on the evening of the 18th, or morning of the 19th, of December, 1813. Jonathan Jones testifies that he occupied a house within eight or ten rods of the house of Mr. Wagstaff, which, for some days previous to its destruction, was occupied exclusively by the sick of the army; that he recollects distinctly hearing the cries of the inmates of that house,

at the time it was entered by the British soldiery; and that the sick remained in the house, under the charge of Dr. Manley, until the enemy came; and that Dr. Manley was killed, as he understood and believes. Whatever might have been the doubts heretofore entertained about the occupancy by the order of an officer, the committee think, with the present evidence, that those doubts are dispelled, and herewith present a bill for the relief of the petitioner, referring the value of the house to the decision of the Third Auditor, on proof to be taken under his directions. Several witnesses appraised the value of the house at $1000; but as, in several instances, the value of houses, as fixed at that time, have been considerably lessened, the committee prefer to give the case that reference, to making a decision on the present testimony.