Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-12-30

but illustrations Of the principle this being
much stronger one In this case the officer has performed
OF commodore in the United States service there
fore bound pay for the destruction occasoned by the fulfil
ment Of the order OF our commodore to burn and destroy II
do for citizens OF the interior States where there
probability of such depedaons being committed contend
for the contrary principle, but the citizens Of frontier State
exposed to assaults from foreign enemy, will sustain
such rule Consider for moment the result Of carrying
into effect the principle advanced by the Senator from Ken
lucky Why in time of you leave the property Of ci
zens subject to the caprice Of your own military naval Off
cers they Of the opinion that certain portions OF property
should be destroyed matter whether there any necessity
for such destruction not must be destroyed and there
no probability of redress.
Mr.. DOWNS would inquire Of the Senator from Flo
rida what composed the cargo of this brig
Mr.. WESTCOTT. She was loaded with lead and vari-
other articles The lighter description Of goods taken
out as before stated, and sold at Key West.
Mr.. DOWNS understand, then, that there was large
quantity board Of Spanish brig the Of Florida
at the time OF the with the Semnoes 7
Mr.. WEsTCOTT. The claim presented in this bill is
for any of the cargo taken out but for that which de-
soyed The report accompanying the bill states the facts in
the suppose the Senatorom Louisiana (Mr Dowss)
POUNDS his last question upon the supposon that
this Spanish brig upon the coast to furnish the Indians
Win snpres: The papers accompanying this bill contain
the testimony Of witnesses respecting this NATTER and they
uniformly statewh the exception Of the testimony Of the
officer who burnt her-ha there was no, MO Danger
OF the Indians approaching the spot where this vessel lay and
that she at least hundred miles distant from the
Of war.
Mr.. DOWNS. Has it never been supposed that Spanish
vessels in the habit Of furnishing the Indians with lead
ammunition, and various other articles
Mr.. WESTCOTT There have been suspicious Of that
nature excited from various circumstances that have occured
and there doubt the fact that during and anterior
the Seminole war; the Semnoles bad continued intercourse
with Cuba and the British isles and thus furnished with
ammunition, provisions &C. The conveyers Of such articles
would cross the straits Of Florida in the night in and
other small boats thus avoiding detection The idea Of Spa
vessels lowering along the coast OF Florida for the pur
pose of trading with the Indians when United States squa
dron stationed there is peposterous apprehenc the
Senator from Louisiana is not very particular to fur
Their explanatory to his query. AS have leore
stated all the officers boari Of this vessel with the ekcep
ton of two repe the idea that the Indians would have
and taken possession Of her, The vessel lay upon part of
the where there settlements, and where In
dams not in the habit of coming There no Induce
ment there, prospect Of plumber, settlements
avage and destroy The Indians the other side of
the peninsula and they could not have reached the vessel
without Crossing the everglades which my honorable friend
from Kentucky who has examined the map Of that part Of
Florida with his customary candor, could not but testify
1 would be journey of some difficulty.
1t remarked yesterday, by the honorable Senator from
New Hampshire that the bill of Center passed in the
way the bill compensang messengers Of Presidentavo
had passed. viz without knowledge Of the fact by Sent
tors have taken the trouble to examine the Journal of tn,
Senate of last session, and page $40 find that the yeas
and nays taken the final decision in relation to tn
bill and therefore the Senator from New Hampshire is mic
taken in supposng that the Senate taken by surprise
their final upon the BILL BY reading the of thos
voting that OCCASION find also that the Senator from New
Hampshire was moi lae=S seed and sufficient reason FIR
his not being acquainted with the action Of the Senate tie
i question.
Allowing sir that the principle advocated by the Senaor
from Kentucky carried out, what would be the
An army naval officer may be commissioned destroy
property, under unfounded apprehension that may he Of
service enemy Of the United States, and he may
cute that commission where would again inquire, is elm
bursement 10 be had for such destruction Suppose the Off
Ger who gives the order foo-or reckless and careless
and thus than oo-and property be burnt
or destroyed without whatever commits injury
without any reasonable pretex would the principle Of my
friend from Kentucky, applied here the OF
that property thus wantonly destroyed from being
ted for their osses Suppose the institutes action
against the officer the officer may not be worth cent and,
Government is not responsible, would not give fig fol
the value Of the verdict though might be rendered in
favor of the We know something about these
diets from experience the officer pays attention to the
suit verdict either considering that the mischief he has
done part Of his regular business suit of this char
ac.er is but mockefy, FORM The best mode of pro
ceedng Of destruction of property in this
whether Government has by precedent admitted the validity
Of such claims nos to apply directly to Congress for
dress have thus presented briefly, and somewhat
herently my views upon this case, and would again
commend il the favorable consideration Of the Senate.
Mr.. BADGER. had supposed that the principle involve,
IN ths question amply discussed BY the Senate at the las
session. appears TO have again up, and the dis
cuson upon is increasing in energy and ZEAL and also
there that require all the spare time for debera
ton between this and Tuesday next that Afford move
that the Senate do now adjourn.
Mr.. HAMLIN. trust that the Senator will alter his
ton Of postponement there several communica
tons the Secretary table that require consideration.
Mr.. BADGER / move that the further consideration o
the question be postponed until Tuesday next.
The consideration was postponed accordingly.
On motion Of Mr. HAMLIN, the Senate then proceede,
to the consideration Of Executive business and after
time spent therein the doors reopened and the Sena
adjourned.