The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-03-22
CONGRESSIONAL.
DEFERRED DEBATE.
In SENATE-Fiday, March 2, 1919.
EVENING SESSION.

in oENArE-Fr'ddy, Mdreh 2, 1919
EVENING SESSION.
[coNcLuDED.1
The bill making appropriations for the naval service Of
the United States for the year ending June 3d. $780, being
under consideration
Mr. MILLER offered the following amendment from
the Committee Naval Affairs, an additional section
TO the bill
be, and the same hereby is Appropriated TO reimburse Com
mander Charles Wilkes for expenses incurred by him in
committed in the discharge of his olcin duty
Mr.. BRIGHT Mr.. President, should like 10 have
read the bill OF particulars IN the would like to
have the paper which was submitted few days ago. con-
tanning the items, read
Mr.. MILLER. can inform the senator that these
various items were submitted to the committee by Com
mander Wilkes. They foot up amount much larger
than that named in the amendment In the estimate
mtted BY Commander Wilkes there an item for ex
penses incurred account of the calling of coumar-
tial. The committee did not think that such an allow
ance ought to be made They have therefore, confined
the amount q reimbursement TO the legal COSTS and
pcnses IN defending the several suits brought against him
Mr.. HALE Mr.. President, | hope the Senate will
pause some time before they adopt this amendment
confess expected almost any other proposition to be
made to the Senate sooner than this The suits which
the amendment refers understand to be suits brought
by some sailors against their officers. for what al
legged to be an illegal punishment BY the finding of the
court and jury which tried the the result against
the officer and In favor OF the that is say, il
was the judgment of the jury that it excessive,
Illegal, and outrageous punishment for which the officer
deserved to be mucied in costs: The case carried
up TO the Supreme Court on bill of exceptions. The
court granted uenlre ,tacas de nopo That is not
hnal decision, and the case yet remains undeter
mined An attempt is being made, which trust will
be successful, TO do away with the necessity oil these
suits altogether and to do away with the of that
necessity Public attention has just been directed the
fact that efforts being made to abolish this relic of
barbarlsIn IN our navy, and hope the American Con
gross viii not at the commencement of this humane
eort, oer premium for the undue exercise OF this bar
barous power If the Congress of the United States are
to come forward and put their hands into the national
treasury to pay the debts of every officer that may be
prosecuted for the illegal discharge of this Duty do not
know where we to stop II it has been The fortune
10 have been sued for an assault and battery let him de-
tend himself, as does every other citizen.
should like to know upon what principles of law and
equity the Naval Committee deliberately ask the Amer-
can Congress TO pay the costs of gentlemen that have
suits bought against them for assault and battery be
cause they happen to be officers of the navy Let them
stand with the rest OF the citizens OF the republic, and if
it is their good or bad fortune to be brought into the
courts Of law. let them defend themselves they may
upon their own merits, and at their expense. |
should like know if there is anything SO sacred in this
species of assault and battery that we are called upon TO
loot up the bills brought against naval officers for the il
legal exercise of this power have nothing to say Of
may have been wrong but in Heavens name let officers
and men stand fall together. Suits of this sort have
been brought by sailors in which they have some
tunes succeeded and IN which the costs recorded
who ever heard of Congress coming in to relieve
the poor, helpless friendess sailor after going into
court and i,gatins for his rights No, sir, If the
Naval Committee had recommended that an appropria-
ton he made from the national treasury 10 pay the
penses of these sailors could have listened to it with
some complacency. trust the American Senate will
deliberate long before they sanction principle OF such
high Importance by which the expenses OF naval officers,
in ltgatng suits brought against them, 10 be paid out
Mr.. MILLER. Mr.. President, the senator from New
Hampshire asks upon what principle of law the Naval
Committee reported this measure will answer the
gentleman thai the Naval Committee have adopted this
amendment upon the highest principles OF lawupon the
formal decision of the question made by the Supreme
Court Of the United States This amendment is offered
out Of no respect for Commander Wilkes officer OF
the navy for the lowest man IN tue service had been
made to pay the costs OF suit brought against HIN
consequence of act done in the discharge OF his duty
according law, l. for one, would reimburse him every
cent he paid in defending HIMSELF if would require
every cent in the treasury
If the gentleman will read the printed report of the
opinion of the judges of the Supreme Court in this
he will there perceive that this is put to rest that
Commander Wilkes fully justified in law for every
act complained OF against him. and that he has been put
to costs for having faithfully and honestly discharged
his duty in the service OF his country board the
sci at The gentleman mistakes the This
case was not brought for excessive oggng excessive
punishment. 1t was not brought upon the supposed
to punish th. nan. The principle complained of in the
declaration is not that of hoggng, which the gentleman
considers the greatest punishment TO which any human
De subjected, IL IS
th-for compelling his services in the exploring exped
ton when his term of service had expired 1t was
tended that Commander Wilkes had right authority
to control the services of this mantha the ques
ton: it question of law, not of fact There was
preence whatever that there any excessive fog
gng. Nothing of the kind pretended. The ground
taken was that this man hav enlisted Tor three years.
and his term of service having expired while at
Commander Wilkes had right TO command his ser
vices but turns out, from the evidence the case,
that the man enlisted by his own agreement for the voy-
age
In addition to that it provided by act OF Congress
that when sailors term expires at sea, it is in the dis
creton Of the commanding officer TO discharge him or if
he thinks proper, he may command his services until the
return of The vessel Without that law, what would be
the condition of things' If ship going voyage of
three happens to be out three years and six MONTHS
nj the end of three years every sailor board the vessel
would say, My time has expired and will no longer
obey the commanding officer" If such had been the
in that expedition would be exposed The Supreme
Court has decided that Commander Wilkes had right
10 command the services OF this man The Supreme
Court has decided that Commander Wilkes in the
complained OF, was faithfully dscharsny his daty, and
could not have done otherwise than he did, consistently
with the safety of the and the service which he
was engaged, and therefore justified him for the act.
And the simple question is, whether, when public OFF,
Ger in the discharge OF his duty commits act for which
he prosecuted and is justified in that act, the govern
mcnt by which he is employed will not pay the Expense
to which he is put
This not voluntary employment on the part OF
Commander Wilkes He there under the command
OF the government He was bound to keep order lie
has been put TO expense on that account, ought moi
the government to pay III Numerous upon exacty
the same principle are paid every session.
Mr.. HALE Mr.: President, if am not correct wish
the senator from New Jersey to correct me- He says
that there is final judgment in this case have read
OF the Judges of the Court which