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

the lead might fall into the possession of the Indians.
Mr. President in my opinion this has been hastily re-
ported upon both by the Senate and House Of Representa-
yes and would therefore particularly invite the attention of
the Senate facts disclosed in those reports In the House
Of Representatives the claim reported against but the
committee there satisfied from the testimony adduced
that IL this officer of the navy had burnt the yessen
conformity with Commodore Daass orderhe Indians would
have burnt and therefore the vessel aud cargo of
would have been lost In the Senate the committee under
whose review the properly came, upon occasion
ported that the entitled TO the claim because
the officer burnt unnecessarily, when there danger
all be apprehended from the Indians and that
of private espass for which the Government
sponsbe The last report made by the committee OF the Sc
nate recommed, and second report was made IN which
the principle Of the claim sustained. The principle in
voyed in this follows foreign vessel is wrecked
in position favorable TO the Indians obtaining
possession Of her cargo which might be of great to them
their with She is ordered to be destroyed by
commodore Of the United States navy the Of Florida
in order prevent her falling into their hands With respect
the value Of the vessel would say that it has been salts
acory appraised by respectable merchants appointed value
her by the Circuit Court Of Florida, usual in such
Thoughh reports presented by the different committees
the subject varanceone asserting that there
danger OF the vessel falling into the hands Of the Indians and
another declaring that If had they would have destroyed it
but think, allowing either statement to be true, that
would be doing great injustice to withhold the value OF the
property lost-twelve hundred dolars-fom the
Mr.. HALE. would inquire Of the honorable Senator
from Florida whether the Center became law at the
last session
Mr. WESTCOTT. believe not.
Mr.. BRADBURY The bill passed the Senate.
Mr.. HALE. If the bill passed, it must have been in
ded FORM know the bin before for consideration
several occasions and that various amendments Of
fered.
Mr.. WESTCOTT. If the honorable Senator from New
Hampshire will allow me, would remind him that did not
urge the Center precedent. This case different
one from that Of Center and Think therefore, the honor
able Senator from Kentucky Inexperienced the principle in
volved in it when he moved to lay it on the table.
M noIt AZ f.nr- la x,ba
he first addressed the Senate, advocating the passage
this BILL because of its being parallel with Ceners
citing Cener's precedent. would here remark, in re-
ference the Center BILL that has passed the Senate
far | concerned-t passed livery much the bill
granting compensation to the messengers for bringing TIN
Presidential votes passed. that is when good many Sena
tors knew nothing about it Ny impression is that the bill
did the Senate and understand from the honorable
Senator from Kentucky that whether il has passed not, it
has not yet become law. should be sorry this bill
presented analogous in principle to the OF Center be-
if it thus presented shall be compelled TO vote against
it. think would be well if the Senator from florida
would allow the bill to lie until examine smens
more particularly.
Mr.. WESTCOTT, Tin his seat.) have no objedions.
Mr. BADGER wish to say, after what has bsen re-
marked by the Senator from New Hampshire in rernce TO
the Center case, that entertain. entirely different opinion
from that which he has expressed think that the Principle
upon which that claim based, viz that the Government
should pay for property destroyed by any Of its military Off
GERS for the purpose of preventing from failing INTO the
hands of the enemy is of security necessary
efficiency 10 the military operations of the United Stats and
that the Government has moral right, when cald upon
pay for property thus destroyed reply hatif their
agents had destroyed it it would have fallen nto the
hands of the enemy and been destroyed by them ibid not
understand from the remarks Of the Senator from Florida
what the peculiarly that distinguished this from tie
of Center; but would say that if il is parallel case with
that Of CeRter ready now, and will be any hture
time, TO vote for the BILL
Mr. WESTC0Tf. stated explicitly, in nv forma re-
marks, that this different from that Of Centers
and will show wherein that difference exists This is
las that of Ceniers which the property of
citizen Of the United States is involved but one in which
the property OF foreigner "a citizen Of Span) concerned
1t is since the burning Of the property, American CT
zen hes purchased the claim for restitution of the papad
who owned the property.
Mr.. BADGER. Will the Senator rom Florida pardon
me for nteruptng him moment desired one of the
officers Of the Senate to inquire final action Of the
Senate upon the Center CASE and he informs that passed
az the last session.
Mr. WEsTCoTT. Before proceeding with my remarks
ask that the report may be read by the Secretary
The report was read.
Mr.. KING. would inquire whether the apican, in this
Mr.. WESTCOTT. He is an American dizen.
Mr.. KING. How it then that he is lhe owner of
Spanish brig
Mr.. WESTCOTT. will state for the nfirmaon Of the
gentleman the circumstances attending the cte. When
vessel wrecked upon that coast the cargo, any part
il he saved by the wreckers it is carried o Key West
and sold auction for the benefit Of the underwriters and all
parties concerned and if the vessel itself be saved it is
treated in the way. In this the vest sold by
the marshal while the matter still in proc Of adudca
on to this gentleman who paid believe, elve hundred
dollars Tor her. This was short time previot her being
destroyed
Mr.. KING. There arc several points to / observed in
reference TO this In the first place. sms the vessel
carried into port She was condemned while living
the reef the Of Florida and wh remaining in
this uaon thus exposed the action Of the kaves and to
be deprecated upon by the Indians whtes il seems the
vessel destroyed by order Of officer Of the United States
Have any evidence show that this yee ever could
have been brought into port that she was nd total loss
Wreckers generally very expert in eIfn property
from perous positions, and saving il from IDS where is
possible to be done and they have direct nes in saving
much can be saved Where the vessel mi St necessarily
be Loot they oil that they Of the car Now we
should be distinctly informed that such was til condition Of
the vessel that il might have been saved If had not been
destroyed by order Of the officer We ought also to be in
formed IN respect TO the Cargo whether was that description
Of property which could have been saved and whether ex
posed to the WATER il would not be DESTROYED All these
things ought TO have been clearly stated IF The property had
been owned by Spanish subject should hse had an
picaon from the Spanish Government through their Minister
and we should have had thorough investigation Of the sub
ec under commission, in order that the claimant might be
remuneraed II entitled TO remuneration. Upon the whole il
seems TO TO be very doubtful under every aspect OF the
case-exceedingly doubul-whether the Government ought
to be called make good the loss there is not By any
means sufficient testimony convince tina, the claim
ought to be allowed
Mr.. WEsTCOTT. The honorable Senator from Alabama
not appzed Of all the facts concerning the mode pursued in
wrecked in the vicinity Of Key West she taken into Key
ahe ~