The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-12-29

SUPPOSE
strucon Of this second treaty be such as to require
that the payment OF the debts assumed by the st treaty
should not be made according the terms OF Thai treaty
Then the effect OF IT is to defeat utterly and enlfe inns
whole class of claims; and the why II defeats
them is this the second treaty burdens the property OF
The Claimants with the payment oil my cents an acre up
on all lands to have preference other claims pro-
vided COR by the first treaty. And this, Mr.. President
will be half least OF the lu value of the whole
property &c. then according 10 lhe terms OF .ns eaiy
this and other arrangements are made which will tend
10 defeat entirely the claims under the hrs treaty Now
ii seems 10 me, Mr. President, IN regard TO this claim un
der the second treaty, we assume that the government
can defeat the claims provided for by the first treaty. they
have done by act of their own and withouthe con
of the individuals interested They have done It BY
delaying the time for the sale of the land-by establish
ing higher price, and thus withholding It IRON the
market.
In the report of the committee it very well remark
ed, that where claim stands upon this ground If the
United States government, without the consent of the
claimants, have nteered to delay, TO postpone,
defeat any the payment OF the claim under the
first treaty this is, in ITSELF an equitable ground TO in
duce Congress to make good the claim. II 10 me
that this is right in equitable point OF view for It Is
right for government withhold that which is due
10 honest claimants.
This MIR President is all desire to say in regard to
the matter and | thought ii my duty 10 say SO much
having cast my eyes the treaty after the discussion
which took place the other day. leave The matter
there.
No amendment having been offered the bill
ported to the Senate; when
The question being put upon ordering to be ehgrossed
and read third time on division no quorum voted
voved in this bill, and think, upon The whole that 1t
will be well that should lie over until senator's are
prepared to act upon the subject and determine Tor Them
selves the principle upon which the bill is founded |
would be the last to vote against claim upon the
government when convinced that it was fair and eqna-
ble but am not satisfied, even by the argument of the
honorable Senator MIR FELcIl that this is such claim
upon the governmenthat It is either legal or equitable;
and cannot therefore now vote for the bill; AT the
time, if il is allowed TO lie am ready TO look
it more carefully. The whole sum claimed against
the government and which will be decided by this bill is
$4,000 and hope that senators will the poprety of
looking at the matter carefully and Judging OF the principle
for themselves move, therefore, that the further con-
sderation of the bill be postponed unit! Tuesday next
The question being then put uron the motion to post
pone, was agreed 10.
JOHN p. BALDWIN
The Senate resumed the consideration, as in committee
Of the whole, OF the bill for the relief of John p. Bald
win. reported by MIR. MASON from the Committee on
Claims.
MIR. WESTCOTT said when this case was called up
last session, motion of the senator from Kentucky.
[Mr. UNDERwooD,l it was laid the table, as it was
supposed involved the principle as the case of
Center 1t was, in has opinion. much stronger
and in fact depended on different principles The Center
after full discussion. had been decided and the bill,
he believed. had passed the Senate This not
emily within it, but had additional arguments for its allow
ance: The case was simply this Spanish brig, (the
Florida coast in 1886, while the Indian war prevail
cd. She had several tons Of lead in her. Com
modore Dallas, commanding on that coast, ordered
her burnt keep the Indians from getting possession of
her, Lieut. Leib of the navy and revenue officer doing
naval duty, burnt her Their evidence is among the
papers The va ue OF the property destroyed was nven
toed and appraised by two dIsnterested respectable
chants sworn by the Judge of Monroe county, and in
fact appointed by him, as i, customary in such cases
the Sails an
nothing Tor the hull The proof ample that the proper
y appraised could have been saved if had not been de-
stroyed. The wreck, it lay the beach, sold al
auction at Key West, customary such there
before its destruction and bough, by the claimant for the
claimed, which he paid for the Spanish owners and
thorrS rynran liz ha I'll, Nal ,o
tory OF this case in Congress singular 1t has been
twice reported agans-once each house In house
the committee reported that the claimant should not be
allowed, because If the navy officers had not destroyed it,
H Indians prob y ,coud therefore he lost nothing And
In the other house. the committee reported he should not be
allowed, because there dunger of the property being
destroyed by the Indians and therefore the navy officers
personally liable in trespass So, between the two
committees, all cases are shut out. Mr.. W. said he de-
MED the correctness of both these reports The govern
ment bound in all to pay for the bona fde acts
of its military and naval officers, the destruction of
property whether they erred in Judgment or not; and
II was no excuse that the property might have been de-
stroyed by the Indians The testimony in this to the
probability Of the destruction of this property by the
ferent opinions though he was satisfied it was in no
danger whatever from the Indians had the naval officers
not destroyed It, The evidence is full 10 the point that
it could have been saved by the owners without much
trouble, if the Indians had not found out II there
Mr.. W.. said be would not discuss the principle
of the liability of government in either case he was
willing to leave that to the Senate, the discussions that
had heretofore been had. He hope the bill woud pass
1t had been three tmes reported upon favoraby by the
committees of the Senate by the senator from
Texas, Mr.. RUsH1 by the Judiciary Committee OF
the Senate and the last session by the senator from
Virginia Mr.. Mason j and one of these reports
upon the recommtment OF adverse report by order OF
The Senate.
Mr. HALE Will the senator from Florida allow me
to ask him question: Did the bill in the Center case
become a law?
Mr.. WESTCOTT. ! believe not.
Mr.. BRADBURY. II passed the Senate.
Mr. HALE. believe ii passed in modified form;
did it not?
Mr.. WESTCOTT. do no. recollect; bu, | believe
not.
Mr.. HALE. The bill was up many times, and amend
ments offered
Mr. WESTCOrT. But do not cite that as a prece.
dent H
MIR. HALE. | understood the senator from Florida
when first addressing the Senate say that this was
parallel TO the Center case that that prece-
dent
Mr.. WESTCOTT. Oh no, sir. | stated that it was
laid upon the table under the apprehension that 1t
parallel case. But 4 did not so conceive it.
Mr., HALE. If that Center bill passed the Senate, it
must have been in such way the bill reducing
the compensation of the messengers for depositng the
ballots for President and Vice President with The Presi-
dent OF the Senate passed 1t must have been when
many of the senators knew nothing about 1t.
MIR. WESICOTf | did not know anything about
Mr.. HALE. My apprehension is that the bill did not
pass and my friend from Kentucky thinks that it did not
pass. hope ii is not 10 be considered precedent
If il has passed this body, it is not law yet, and
should be very sorry to have it established precc
dent II this is bill analogous 10 that, that is right
y urged as precedent for hs should certainly vote
against it, think it would be as well for the honorable