The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-12-30

bodys lead and every description of property where the
principle applies Bui. SIR, until 4 has become hrmly
settled shall oppose IT in cases like this. Why, sir,
it is proper in case where see clearly the apph
cation OF ruinous principle, that should oppose IT.
But sir, this is the last lime | shall trouble the Senate
Mr.. WESTCOTT. Mr. President, regret very much
that the honorable senator from Kentucky had not made
himself somewhat acquainted with the facts IN the case
before he discussed the principles which he considered
applying TO for am satisfied thai, with the candor
which he always brings 10 the discussion OF questions
he would have seen that the principles he has been OPP
posing totally lnappcable 10 this and partIcu
larry in making 1t to be different from Robert Wallaces
for really the only difference can conceive be-
the is, that the horse was not burnt, but
only taken by the enemy; whereas, In thus case, the
property burnt.
will briefly call the attention of the Senate 10 the
facts in the case, TO show that the senator has mlscon
ceved it. This is not parallel TO the of Center
but much stronger 1t is not dependent upon that
Let me state the Spanish vessel is wrecked
upon the coast of Florida. The cargo is taken out
excepting the lead, and carried 10 Key West. The
wreck, II lies upon the coast is sold al auction
before it is destroyed The naval officer gives orders to
destroy the vessel Now, sir the claim here is not for
the value of that vessel They ask dollar for that
hulk. Why, SIR, stated over and over again yeser-
day-and so the papers show--that the vessel was in
such state that she could not be got off The claim is
to the lead, &c. Their value is shown by the amount
paid for them al Key West when sold at auction 1t is
shown Also by the appralsement OF two dsnterested
men. Now, this is simple The officers of the
navy destroy citizens private property. The com
mander OF squadron sets fire TO the vessel and burns up
tins property in private vessel. Now, | say that in
every such government is bound 10 the
citizen. 1t is not the of destruction by an enemy
1t * not the case OF capture by an enemy. 1t is stronger
Why, ask, sir, if an officer of the army comes into
my stable and mpresses my horse, is Congress in
qnre whether there was any positive necessity for lis
being taken?
Mr. w. also alver,ed to the law, to be found in the
third volume OF the statutes page 262 bearing upon
the case
Mr. UNDERWOOD In these cases the government
hp hn nnhf Of fha
Mr. WESTCOTT said that the statue book was full of
cases. where the government paid for property which had
been destroyed
Ii there were no such cases which hal come to the
attention OF the senator, it was because there gen.
eral law, and commissioners had been appointed. The
gentleman confounds these with the of the
destruction OF property by the enemy In those the
rule has been repeatedly by instances in the Indian
war; &c, beyond dispute. But this is stranger case
than that don't care hat the motive of this naval of
fcer was. don't care whether he burnt it with with
out reason. lie the officer of the government and
performed his duty under the order of the modore 1t
may do for citizens of States where there is danger of
depredaons, to oppose such principles but apprehend
that the citizens OF no frontier State exposed ether
civilized enemy or TO savage foe, would coincide with
them.
Mr. DOWNS What was the loading of this vessels
Mr., WESTCOTT. Why, sir, it is impossible for me
to tell; but will state all know. Itwa
MIR. DOWNS, Was it loaded with lead
MIR. WESTCOTr. 1t loaded with an assorted
cargo, all OF which taken out bat the lead
j, Mr.. DOWNS. Then they had lead board of
MIR. WESTCOTT. Yes, sir Twas about to state the
fact have looked at the papers since yesterday, and
IS fact that, with the exception of the officers who
burnt the vessel there is SINGLE witness but who
stated that there danger of the Indians going
near her. She was a hundred miles off But | do moi
consider this as OF any consequence one way the
other
Mr.. DOWNS, Did they not so there with view of
selling TO the Indians?
MIR. WESTCOTT If the gentleman knows anything
with regard to that coast, the idea of Spanish brig
going there to sell cargo of lead the Indians, and
wrecking herself there is entirely of the question
Mr.. DOWNS. Was there never any suspicion that
Spanish vessels sold lead to the lndans'
MIR. WESTCOTT Not Spanish brigs. | will tell you
what the suspicion has been. doubt not that it was
true that. during the war; the Indians were furnished
with lead and by the British islands and Cuba
going over there IN the night in their and small
vessels but the idea OF Spanish vessel, of any SIZE
lowering upon our coast to trade with the Indians when
we HAD quadons OF naval vessels there, utterly pre-
posterous | know that my friend, if he would look at
the character of the coast, would be satisfied upon that
point The vessel was wrecked and lost in place far
from the Indians 1t was not the seat of the There
was nothing to induce them to so there. There was
no settlement of white people TO plumber within a
hundred ne miles They had previously destroyed the
lighthouse at Cape Florida the only settlement that
section OF the country 1t the other side of the
cape where they could only by going over the
Florida everglades the topography OF which the gen
eman from Kentucky is acquainted with.
1t was said yesterday that the Center passed the
House hastily, other bills sometimes do | have re-
erred to the Journal and find that after discussion the
question was taken by yeas and nays. The gentleman
rom New Hampshire, however, not pre- sent, and
hls accounts for his not noticing its passage.
Mr. W. then proceeded to reerate the distinction be-
wecn this and the Center case to show that they were
entirely disslmlar as to the principles by which they
were governed
Mr. BADGER. have been for some time prepared TO
vote upon this hill had supposed that the question
lad been very fully and amply discussed the last SEES
But as IT to be opened again with new energy
md zeal, and as think have got enough now to oc-
;upy careful and deliberate reflection between now
and the next meeting OF the Senate move that the SEN
lie do now adjourn
Mr. HAMLlN suggested to the senator to withdraw
ais motion, in order to go into executive session.
MI BADGER withdrew his motion and
The further consideration of the subject then post
,oned until Tuesday next
On motion by Mr. HAMI.IN the Senate then proceed
sd to the consideration of executive business and after
some time spent, the doors were reopened, and
The Senate adjourned.
HOUSE OF REPRESENTATIVES,.
The journal having been read
THE KosCIusKo CASE.
Mr. f. B. HOLMES moved the reconsideration of the
vote by which the Committee the Judiciary had been
discharged from the further conside of the memo
lal OF VlaJlslaus Wankowicz, grand nephew of Gen.
lhaddeus kosclusko, praying the passage of n speci al
,ct OF venue, providing for the removal of cases con-
,ernlng the estate OF Gen. koscusko from the United
States circuit court for the District of Co lmbia to thu
United States circuit court for the district of MARYLAND
which motion was postponed for the present
JOINT RESOLUTION.
Mr. RICHARDSON, by the unanimous consent of the
House, obtained leave to introduce rJn resolution to
authorize and require the Secretary OF War TO paw GER
ain troops dsmountel by order of Gen Wool which
esouon read twice. and reey red TO the Committee
IN Military Affairs,