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

| III
whether this John Baldwin is an American citizen
| a Spanish subject
| Mr., WESTCorT He is an American citizen.
MI. KING How did Mr.. Baldwin, them being an
American Citizen become the owner of Spanish vessel
Mr.. WESTCOTT | will answer the question, elf,
IN very easy When vessels are wrecked upon
the coast of Florida, and services rendered by the IL
censed wreckes the cargo which is saved taken TO hey
West and sold at auction for the beneht OF Inc under
writers and all concerned This vessel which was
wrecked and lay upon the coast was sold at auction by
the United States marshal in the same mode as the cargo
Ii was while il in this state, wrecked and use
less that was thus sold Inc Presen. claimant gave
81 400 for the wreck at the marshals SAFE mort ume
previous to its being burnt. .
Mr. KING. There several questions involved in
this case In the first place. vessels taken into Key West
are sold after decree of condemnation, and certain pro-
portion assigned to the wreckes In this case seems
that the vessel was never carried INTO hey West II
never was condemned but sold while lying upon the
coast OF Florida. While in thatsituation exposed to the
waves exposed TO the depredailons of the Indians,
seems that II was destroyed by the commander OF our
forces Does it appear that the vessel was not total
loss They get them of. il possibe If they cannot get
them off, the vessel certainly loss They save all
the cargo they matter OF course. Now seems
that should be informed thai such was the stu
alton OF this vessel at the time OF It's des ucton that
might have been saved If had not been burnt that II
might have been got off the reef We also should be
shown what was the nature of the cargo, and whether
that description of property could be saved whether the
very circumstance of ITS being exposed to the water
would not produce its entire destruction -
II it had been Spanish subject who had lost vessel
there and who claimed remuneration, the Spanish gov
eminent should apply to ours, and alter full investga
ton of the claim, il we thought the citizen should be
munered it would be done through the Spanish gov
ernmen This seems to me, sir, very doubtful case IN
every aspect-an exceedingly doubtful case Feeling
thus with regard to the BILL should not be able to vote
Mr. WESTCOTT The Senator from Alabama [Nr.
kINol is mistaken as TO the course OF proceeding. 1t
necessary 10 condemn the vessel at Key West
by order of court, 10 sell her The wreckers are
licensed to bring all saved property to Key West;
and if the salvage is paid, and the property
lepme1 Ic gOld-SOmetlInes
sometimes by agreement OF parties; and when vessel
is beached and cannot be got of, her rigging and
appurtenanccs and wrecked hulk, It hes sod (as'
the in this nstance) and the purchaser gets
out as much as he can. In this the purchaser
was Mr. Baldwin, highly respectable American citi-
zen He did expect to get the brig off afoat, but
get her rigging and anchors and the lead in her and
they only are appraised. The claim is for these. He is
substituted TO the rights Of the Spa az owner The
only the case now give senators an opportunity to
Mr. KING. Who authorized the sale
Mr. WESrCOTT. The Judge authorized the sale.
Mr. KING. There was the decree of condemnation.
Mr.. WESTCOTT. With respect to the decree OF con-
domination, there is no such proceeding IN relation to
wreck ed vessel 1t not necessary, there such
proceeding Mr. w. again alluded TO the diversity which
existed between the testimony OF different Witnesses
to the danger OF the cargo falling into the hands OF the
Indians, but said that witness had testified that he
apprehended that hostes from the Indians would have
created any difficulty with regard TO getting the vessel Oft
and the apprasement was with reference 10 the situation
and condition OF the vessel. He was willing that the mat
ter should lie over if senators desired it.
Mr. PHELPS. hope that this case may lie over 1t
Senate before. and | recollect upon former occasion
making adverse report upon it. am not prepared
to vote upon it, but, If the senator has no objection;
will be prepared 10 vote upon it when it again comes
before us.
Mr. WESTCoTT., have no objecto,.
On notion the further consideration of the subject
then postponed until to- morrow.
FREDERICK DAWSON AND
The Senate resumed the consideration of the bill for
the relief of Frederick Dawson, James Schot and Elisha
On motion by Mr.. PHELPS, its further consideration
was postponed until to-
HUGH RIDDLE.
The Senate resumed the considerations as in committee
of the whole of the bill for The relief of Hugh Riddle.
The bill having been read for the Informal on of the
Senate
Mr.. HALE said know it is an uneracous task to
oppose the passage OF pension bill but if the Senate
are to sanction every application of th. sort, do not
know where stop. Now, if the facts are true
with relation TO thus coim the has perfec, right
under existing laws to pension. If there is evidence
to satisfy the mind OF the honorable chairman OF the
mtee and the members of the committee, upon careful
weighing OF that evidence beyond all controversy
tanly the Commissioner of Pensions will weigh the same
evidence IN the same manner and will come to the same
conclusion. do think sir. As long have coHpe
ten, an officer in the discharge of that duty acting under
competent laws, made for the relief of Just such cases.
according to the facts stated here, ought not TO be
forever overriding the regular tribunal, and stepping out
OF the regular course If there be any merit in the case
Commissioner of Pensions 10 grant him his claim and
OF course this is not the tribunal which the pensoner
should go.
Mr.. JOHNSON of La. This bill came from the House
OF representatives, and was reported upon by the Com
mee on Pensions at the last session of Congress re-
member that the examination of it by that committee was
very satisfactory. The committee were perfectly satisfied
with the evidence referred to in their report.
MIR. HALE. Will the chairman of the committee al
low me to ask him questions If the facts are as stated
in the report, do not the existing laws give pension
under such circumstances?
Mr. JOHNSON. No, sir because the pensioner did
not come within certain rules. The rules require the
evidence OF the commanding officer of the regiment; and
without that, the pension is not granted by the Commits
soner OF PENSIONS In many cases the commanding 9th!
dead and the evidence which is usually required to
be given supplied by other satisfactory evidence as in
this instance II is time since read the evidence in
this case, but recolect, when did read IT, that it was
perfectly satisfactory.
Mr. HALE. | apprehend, sir, that there are no such
memorable rules the honorable supposes by
which the Commissioner of Pensions is bound to pro-
coed Like every tribunal, the Commissioner of Pensions
must have some rules regulating the evidence upon
which he is TO grant pensons and when the proper
dence IS wanting, apprehend that the commissioner is
very far from saying that he will receive secondary
evidence. From my own experience in such matters |
am confident It IA as have stated that when the evil
dence that is required in the first instance is wanting the
commissioner always takes the best evidence that the
nature OF the case requires hope that long as we
have so faithful and vigiant officer, the Senate will
not continually overrule him in the granting of pensions
IN where the facts afforded are am Div sufficient
Now, sir, there has been any objection of this Sort
hope II will be explained. As regards this wholesale
assertion that there technical points upon which the
Commissioner OF Pensions has decided against the in-
vidua hope the subject will be stated, that we may