The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-01-03

nader the circumstances and that would be the criterion
Of damages against the Individual But all that is kept
out OF sight here, sur. -. -,
This rropery not valuable TO the government OF the
Tinted Siaies either positively negavey and the best
evidence of the fact is that The memorast says So
anI his witnesses say and they throw the respon-
sbity entirely upon the officer. They make the oiheer
oceupy the position oil one performing n wanton and
malicious mischief; and taking the evidence
Mr. WESTC0fT, QnteTposng II the senator will al
Ioy me- will correct his evident Misrepresentation as 10
the course of the naval officers who burnt this vessel
II ia an act OF Justice 10 them. | know the senator
,vouh not DO them the least injustice Commodore Dali
las since deceased, 500 miles from this wreck
Commander LeIb OF the navy, and Lieutenant Clarke OF
be revenue service doing duty with the navy,
Jered round the cape from Tampa TO watch the coast
with Discretionary orders TO destroy property on The coast
that there danger of being taken by the Indians Ii
was in 1896, Immediately after the war broke out These
officers acted honestly bona fie; and il would be harsh
10 mpue to them malicious motives or that they acted
wanony. They doubtless erred IN ludgmen-nistook
he degree of danger that existed but one can i'm
reach their motives, They acted viganty pairoically
But at that time our army and navy officers were not
well acquainted with the character OF the wal and
nj the enemy, or their location mode OF warfare
At the commencement OF the contest, the south
en Indians on the peninsula were not engaged
in it; nor for some months after II had been car
RED on did they join the upper Indians. When this
vessel burnt, the seat OF was hundreds OF miles
zip the peninsula and on the other side OF it. Subser
quen% General Jesup and General Taylor drove them
south, TO the everglades and then. with the Indians
down south, they committed depredatons the coast
and keys They burnt the lighthouses the coast,
and they pundered Indian Key and murdered Doctor
Peune and others there | have idea the senator
intended to mpugn the conduct OF the navy officers.
They could well have mistook the real danger without
impung TO them want OF Judgment much less OF acting
wanony, disregard OF individuals rights; and IN TINS
case though they erred as 10 their apprehensions OF the
danger, their conduct praseworhy and correct
They had not full knowledge OF the condition OF this
country.
Mr. WALKER certainly did not intend to charge
anything like corruption malpractice fraud, or coluson
before US; and was that TO which proposed TO conhne
myself If the senator understood me . say anything
OF the kind, my would be, chde your memorial
st fer he has furnished the evidence upon which say
it. and il is not upon my own knowledge that utter any
mpuaions against this officer In regard to the evidence,
say that it takes the case out OF the rule and makes IT
against the officer OF wantOn and malicious mischief
As the memorial presents it. so presume must Judge
The only question Tor the Senate to decide Is this DO
take upon ourselves the responsibility of whatever the
officer of the navy may be guilty OF Why you cannot
present a stronger case than this. You cannot find
another where piece OF unnecessary destruc-
lion of property is proved, and at the same time
the individual receives compensation. There Is not
act of aggression the part OF officer which the
government--takng this rue-w not feel itself bound
10 endorse This is matter upon which ask senators
10 reflect This is great sum, will admit; but it is
an important precedent. There Is great principle in
voved and is upon which TO reflect and to
inquire seriously whether we will authorize these un-
unsuitable and wanon acts of military officer, and make
remuneration, without first turning over the party to him,
that his conduct may be investigated and that he may be
these terms upon my individual responsibility for heard
the name of the officer for the frs, time when II
toned by the senator from Florida ~The point for us to
decide IS, simply whether the government OF the United
States through It's Congress, will endorse such conduct,
and take upon Itself TO remuneraie individuals for such
unauthorized exercise of power.
Dir. WEBSTER This, Sir, belongs to very numer-
Gus class of cases, and which have been discussed in
Congress- for the last thirty years think sir that Is
one in which necessary distinctions are to be stated and
public there is no taking for the OF the United
States in the case. The facts suppose to be, that
military officers legally commissioned officers of the
United States DESTROYED this lead not 10 prevent its being
destroyed by the enemy but to prevent It's being seized
by them and converted to the enemys use against the
United States
Now, in the first place, there is doubt of the petit
toners being the owner OF the property. Although the
vessel board of which 1t was wrecked upon the
sands, there doubt that value to a great
extent still subssled in that property. II was not
lost by the storms OF the ocean, dereicted,
nor abandoned by the officer: 1t was, therefore,
property Now the property has been destroyed--the
owner has lost it. He has lost it without fault OF his
own has been destroyed by the officers of this
men The question, them Is, whether 1t has been de-
sroyed in such that nobody Is answerable
for '--tor there may be cases OF thai knd-o whether
i has been DESTROYED under circumstances which make
the officers giving the order for It's destruction and them
alone, answeable flor there are many cases OF that
sort, may be in point of Tact
Then, again, il may be in which the government
itself is answerabe to the owner and loser OF the prop
ery, say nothing, sir, now, of the true value of this
property The committee the judges of that; and
Congress Judging for itself and nobody being able to
troll It's own judgment III Its CASE leaves no great
fear OF generalization.
Now, sir, wish merely 10 state my opinions upon
cases OF this Sort that it may be known what governs
myvote IN this do not think, that there
be any such definite and mathematical rule laid down
such cases might be desirable. There certain
known, acknowledged qualifications, which must ac-
company every proposition OF public Jaw IN regard to
such take the true doctrine to be this: that If 1t
be clear and manifest that the property would have been
seized by the enemy at any rate II had not been de-
sroyed then neither the officer the government Of
the United States answerahle Ii it be plain 10 the
apprehension, and satisfactory to every intel
iecual and candid mind, that the enemy would have
seized the property if the government of the United
States its officers had not destroyed it, then neither the
officer government is Responsible for the party has
lost nothing by the act.
In the second place. think the rule applicable in this
case to be- that if it be doubtful whether the enemy
would have been able to seize the property not II II
had not been desroyedif it appeared that the officer
destroying the property acted honestly and fairly and
under the circumstances, disceey in making such de-
structon-then government ought to indemnify the
owner. And upon the whole, that is the judgment
come 10 in this case
Further think, if the officer plainly acting
necessarily, wantonly, and maciousy destroying the
property such he could not justify himself
acting under his public authority; would government
be responsible for the consequences OF his conduct HIS
act would have stood upon the ground OF an indl-
yldual or private respass. 1t would be act done
not in the honest and discreet performance of pub
lie duty. For such act he would be answera-
Die personally, and could not throw the responsibility
upon government In this ease see no evidence what
ever that the officers ordering this destruction, acted
IN bad taste, wcnonly and rccklessy. | believe they
Nd all and than they supposed to be their du
y but yet it now appears think, by means clear
That the property would have been sezed by the enemy