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

this but to introduce resolution insirucng the com
mitiee to inquire into the whole NATTER inquire wheh
er we should relnstate the old law.
Mr.. CLAfION: | understand that there are peculiar
circumstances IN this independent of the general
sion OF them at this time Ii will appear, however to
the committee that there services rendered by tins
collector WHICH did not strictly belong to his office They
were performed at the request of the department, and
money was actually laid out for the benefit of the gov
eminent do not ask by referring this bill merely 10
establish general principle ! should be very glad to
have the matter referred 10 the Committee Commerce,
as the gentleman from Florida has suggested that
mtee aud as objection to that reference
Mr. WESTCOTT. Mr. President, would call the
attention of the gentleman from Alabama to the charac-
ter OF the bill OF the last session, to how were
led into the mistake If the bill of the last session
necessary, this claim ought to have been allowed. Last
session introduced positive law prohibiting these
allowances, | am satisfied that that law unjust.
want to call the attention OF the Senate 10 the matter. Ii
prohibits the collectors OF customs, who salary,
from receiving any thing for attending the lights In
large Cities there is clerk To attend To them; but in the
smaller places the frontier the Offices rendered
perfectly worthless by this law, for the collectors do not
receive pay Tor that for which they ought to be compen
Mr. KING. have certainly not the slightest DISPOSE
hon TO throw any obstacle IN the way OF re-examna-
ton OF the act passed at the last session. entirely
cur with the senator from Florida, [Alr WEsrcoTrl
that il would be well to inquire into the matter whether
this should not be subject OF legislation, lnasnuch as
prevents custom house collectors from receiving add
tonal compensation for the superintendent OF light.
houses The consequence is that you employ others,
and double triple, and quadrue IN some instances
to individuals not connected with the cuslomh house, Tor
dschargng that duty This causes loss, in pecunary
point of view, and the work is not well done; the
officers connected with the custom house having the
of acquiring information in regard TO the
NATTER and having better opportunity OF attending
10 IT.
My only object. there, is to induce the senator TO
come to the conclusion that the whole matter should
be examined, instead of taking II up incidentally,
ating to single private claim. The statement of the
gentleman from Florida shows that there law
tha n IN he
light houses. AT present. Congress, instead of making
II discretionary matter imposes this duty Ii Congress
will take up this bill and do justice this very
well; but should much prefer to take up the whole
matter.
MIR. CLAYTON. I concur with the gentleman from
Alabama in the views he has expressed with relation to
the general subject but consider him as in error in
considering this merely an illustration OF the views he
has expressed upon the injustice of existing regulations
ms IS small clam OF only $500 put an eXtraordl
nary case and any committee which will take the trou.
BILE to examine il, have doubt will consider it.
perfectly Indifferent whether it goes 10 the Committee
on Claims or the Committee on Commerce.
MIR. KING. hope the Committee on Commerce will
take the whole subject into consideration.
The motion to reconsider then agreed to, and the
bill was referred to the Committee on Commerce.
EVERGLADES FLORIDA.
The Senate resumed the consideration of the "bil to
authorize the draining OF the everglades in the State of
Florida and to gran. the 10 said State for that pur-
pose;' the question pending being upon the motion by
Mr. UNDERWOOD. to amend to provide for the ap.
of sum of money TO be expended in
veying the everglades.
Mr. UNDERWOOD The senator from Rhode Island
upon my left Mr.. CLARKEl has placed in my hands
amendment TO this bill His object test the sense OF
the Senate upon the subject of granting lands all the
to Florida He is not in his seat TO sustain the amend.
ment and hope the gentleman the way [Mr.
EsTcorrl will not press the bill now, but i he has no
Mr. WESrCOTT hope the senator will not insist
upon that request, for this reason and it reason
have before urged The Legislature OF Florida must act
They adjourn during the approaching month; and unless
the bull is passed to-day with the delays will meet in
the other house it will be useless TO pass at the pres
ent session of Congress have no doubt if passed to-
day. that it will pass the other house without difficulty
regret that the gentleman from Missouri Mr. BENToN]
is not in his seat. The gentleman from Illinois MIR.
BREEsE who has the floor, is also absent.
Mr. UNDERWOOD. / will make the motion to lay
1t over till Tuesday next in order that may have
opportunity OF testing the sense OF the Senate upon the
The question being taken upon the motion to postpone,
it was agreed TO.
JOHN P BALDWIN.
The Senate as in committee of the whole resumed the
consideration of the bill for the relief of John p Bald
The report having been read
MIR. UNDERWOOD. This claim. Mr. President, be-
longs to class OF claims with whose merits have
never been satisfied since have been member of this
body did dot know, sir, until the present session of
Congress- of its having been discussed 1t may have
been discussed In former sessions, but apprized
OF the fact II seems to me- sir that this case, together
with that of Center, and others of like character are
likely to be the means of introducing new principle
INTO The leg! station OF this country, which, ii establish
ed, will lead to dangerous results rise, therefore, to
make my last protest against it.
Now, sir, the sum of the principle is this When an
officer OF the United States orders the destruction of
property in order TO prevent falling into the hands of
an enemy, and is destroyed under that ORDER the gov
eminent is morally bound pay for the property de-
sroyed deny that any such principle does ought to
govern u.s. Suppose even that i were true that the
property, if left without being destroyed would have
fallen into the hands of the enemy; what has the nd
vidual owner OF the property lost Anything Not one
cent What does the government gain by the property
being destroyed Nothing. The only gain you can
make out that the government derives, is, that keeps
have come into possession of the property and appro-
prIated 1t to itself Is that then, the principle you in
tend asser-hat whenever il can be shown that the
enemy would have been benefited by the capture it ns
titles the destruction of the property. and you bound
TO pay for 1t! II that be the principle, then what the
consequences which will follow?
Now, sir in the case of Center the officer the roops
and all the citizens inhabng little place called Micano
py marched Oft together; and because they could not
carry away their property, which consisted of goods
wearing apparel, provisions, SC they destroyed it, to
prevent It's falling into the hands of the Indians Sup
pose that property had been left Mcanopy, and the In
dams had appropriated the whole of the own use
would not that appropriation The part of the Indians
have been clear loss to Center the burning of the
property!
Now sir, if it be tfueand it is by the principle of that
hypothesis that all these bills have been passedf be
true that the property would have been destroyed if not
ordered to be pursuance OF the officers authority
what ask, has the individual lost Nothing. When
SIR you come to value and pay for property ought you
not to value according to the circumstances which con-
cerned the matter at the time Let me ask you then
what goods household furniture and articles of that de-