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Dr. H. S. Garnett, late of the navy, sent for me in consultation upon Captain Berryman some twelve hours before his death. I remained with him till that much-lamented event. For weeks previously Captain Berryman had been in a great degree of political excitement and watchfulness to prevent the surprise and capture of his vessel. He had slept but little, and none for the three days previous to his death. He was literally worn out by his constant activity and sense of responsibility. I advised with Dr. Garnett on the form of the medical certificate, which I was assured at the time should be immediately forwarded to Washington. I think the certificate was approved by Captain H. A. Adams, of the frigate Sabine, and senior officer present.

Lieutenant Commanding Otway H. Berryman died of disease of the brain, which "originated in the line of his duty." M. G. DELANEY,

Surgeon United States Navy, and, at the time of Captain Berryman's death, Surgeon of the Frigate Sabine.

I hereby certify the foregoing to be a true copy from the original on file in the office of the Commissioner of Pensions.

PENSION OFFICE, March 5, 1862.

WM. HELMICK,
Acting Commissioner.

The memorialist further represents that she is now receiving a pension of thirty dollars per month, and that if her husband had lived 22 days longer he would have been entitled to a pension, under existing laws, of fifty dollars per month.

The committee think that this is a case of extraordinary merit, and that the firmness, zeal, and devotion to his country's cause, displayed in the most trying and difficult circumstances, present an urgent claim upon the government for some recognition and reward. None more suitable could be offered than a comfortable support for his helpless family. Your committee therefore report a bill providing for the payment of a pension of fifty dollars per month to the widow of Captain O. H. Berryman.

ZEPHANIAH KNAPP.

[To accompany bill H. R. No. 122.]

JUNE 20, 1862.-Ordered to be printed.

Mr. ELY, from the Committee on Invalid Pensions, made the following

REPORT.

The Committee on Invalid Pensions, to whom was referred the petition of Z. Knapp, asking for a pension, report:

It appears that petitioner was a private in Captain Caleb Wells's company of New York infantry in the war of 1812, in an engagement at or near Dead Creek the last of September, 1814, on a retreat to Plattsburg, when he received four wounds, two on the right forearm, one on the head, and one through the thigh, since which time he has been an invalid. He is now 72 years of age, and very poor. Your committee are of opinion that he is entitled to relief, and therefore report the accompanying bill and recommend its passage.

HENRY SMALLEY.

[To accompany bill H. R. No. 533.]

JUNE 20, 1862.-Ordered to be printed.

Mr. FENTON, from the Committee of Claims, made the following

REPORT.

The Committee of Claims, to whom was referred the petition of Henry Smalley, report:

That the city of Troy is situated at the head of navigation on the Hudson river, six miles above the city of Albany. The channel of the river between these cities is narrow and crooked, and liable every spring and fall freshet to change its bed, and demands constant attention, and that spar buoys should be annually placed and kept up to indicate to the mariner the channel.

So important has this been deemed to the large amount of commerce passing over this part of the river, that the city of Troy has kept, during the season of navigation, for years a steam dredge on the river between these cities, to remove sand-bars created and deposited in freshets, obstructing the passage of steamers and mast vessels passing over its waters; and up to 1852 that city annually provided, at her own cost and expense, and set buoys on this part of the river, but at this time refused to incur this expense any longer. In August, 1852, Congress passed an act taking upon itself the furnishing and placing these buoys, but under that act no definite action was had until the month of June, 1853, when a contract was awarded to the petitioner, as the lowest bidder, to do this duty. In the spring of 1852 a severe freshet had changed the channel of the river and swept off most of the buoys placed there by the city of Troy, and subjected those navigating the river to great risks and hazards.

Those engaged in commerce over these waters, experiencing the dangers and difficulties of navigation, applied to Mr. Smalley to do this labor, as he was familiar with the river and knew the channel, and urged him to do this duty, and insisting that the government could not object to paying him for discharging a duty demanded by the necessity of securing without delay a safe navigation, which belonged to it to perform. Mr. Smalley yielded to these solicitations and, with the fullest confidence that he would be paid for it by the government,

faithfully performed the service. It is for this service that he asks to be paid.

The extent of the commerce to and from the city of Troy proves the necessity and importance of this service. It was proved before a committee of the senate in 1854, of the State of New York, to which was referred a petition for bridging the Hudson river at Albany, that the masted vessels owned by the citizens of Troy were 130, the tonnage of which was 12,253; and that, in addition to these, there were eight steam-passenger boats, whose tonnage was 4,028; ten steamtowing boats, the tonnage of which was 3,125; 31 freight barges, whose tonnage was 7,255. Since which period it is well understood that the commerce of that city has greatly increased.

The transient vessels running above Albany were five steam-towing boats, tonnage 655; 20 barges, tonnage 2,658; 257 masted vessels and schooners, tonnage 24,716. It was estimated that these steamers and vessels made annually 13,900 trips. It was also proved that of the 2,820 boats cleared in the city of New York in 1853, destined for the Erie and Champlain canals, 2,600 entered the canals at the city of Troy, and that it was fair to presume that the like number, descending those canals and destined for the city of New York, did, in like proportion, enter the river at the city of Troy, as, by so doing, they saved six miles tolls to Albany, all of which had to pass over these waters. It was also proved before that senate committee that boats were towed from Troy to New York at the same price as from Albany, thus making it the interest of boat navigators to enter the river at Troy to save six miles tolls on canal.

The subject of improving the navigation of the Hudson river has been deemed so important to the commercial interests of that State that the attention of the legislature had been called to it in the messages of the governors of that State from time to time since 1797, and appropriations made at various periods by the legislature of that State and the cities of Albany and Troy to the amount of nearly $170,000, which has been expended in improving the condition of the bed and channel of the river above and below Albany.

Between 1829 and 1831, the corporation of the city of Troy, finding it absolutely necessary to resort to some means to secure a navigation to the city, caused a dredging to be made in the shoals of the river, and expended between those years the sum of $5,000 between Troy and Albany. Up to 1831, the improvements of this great commercial national thoroughfare had been left to the care of the State and the cities of Albany and Troy.

In that year an act of Congress was passed authorizing the first national inquiry in relation to this navigation. Eminent civil engineers were appointed under this act, a thorough survey was made of the river from the city of Troy to New Baltimore, the obstructions and difficulties in the river accurately ascertained and fully reported to Congress on the 30th day of March, 1832.

The currents were ascertained, the character of the bed of the river and the channel and its impediments described and indicated fully, concluding with a recommendation of a plan which they felt confi

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