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

should recover verdict in damages against the officer
then of course. the officer could not here for any
indemnify The case would show that he entitled
TO no indemnitylhat il his own unauthorized pri-
vae espas and no act done IN proper pursuance of his
delegated public authority Now, think, sir, that all
these qualiicatons belong TO this class of and,
rs have said, very plain and strict mathematical line
can be drawn. think all propositions must take with
them the qualifications which | have mentioned and
for one, as | see not the least in this to
mpute want OF good faith, fair conduct, and honest
purpose, To the rest of the officers who caused the de-
sructon OF this lead, and as, the other hand do not
see clearly that the property must in all rational proba
blty have fallen into the hands OF the enemy if had
not been destroyed, think it is a of destruction of
individuals property by officers, who, acting fairly and
honestly, ought not to be responsible themselves yet
case in which the individual ought not 10 suffer There
fore, II Is case for the indemnity which this bill pro-
poses.
MIR. KING. Mr.. President this is 4 private claim
which has been discussed at great length is not my
object to debate the question OF the liability OF govern
men for the acts of its officers. Upon this question the
gentleman from Massachusetts stated entirely different
views from my own. My purpose is simply 10 say that
not in the habit OF paying such claims until the
matter has been ludcally investigated II the destruc-
lion of this property absolutely wanlon act gov
eminent then made itself liable pay the amount Yes,
sir even the northwestern frontier, during the war
with Great Britain, the honorable senator from Alassa-
chusetls will recoect several where persons
were going with their beef TO the enemy, and were
arrested by the officer of the United States. suit
was brought in that case, and the result was that it
was believed that the officers prevented these from
going with their food into Canada, and government
it, Ii necessary, could advert 10 numerous other
because happened to take some interest in the matter
while it was then in progress But, sir, am not going
into the examination OF ths particular case 10 ascertain
whether the officer destroyed this property TO prevent lis
falling into the hands OF the enemy, or whether II was
done wantonly without sufficient information. look
upolihe state OF the precisely as presented to me.
! In the 1885 this vessel was stranded upon the
coast of Florida Individuals endeavored to save "a
much of the -rO possible, ana that which was
saved was car into Key West The vessel lay upon
the until 1896, and in that she was burnt by
the order OF The officer OF the United States In the year
1885, years after she burnt, this individual pc
t,ions the Judge take testimony with regard 10 the
property thus destroyed That testimony taken un
der the order of the Judge One OF the who
he board declares, among other things, that there
90 water casks another says there 30 another
says he does not know what there was but il was said
there were of iron. mention this TO show no "
indefinite the testimony was.
When they came value this property, two years ai-
ter the vessel was burnt they valued not only the lead,
but the kentlelge-the ballast But they mention es-
pecally the six OF lead This rests upon the
estimation of indiyidua One says there good
deal of lead there six tons OF kenedge and thirty water
casks while another swelrs positively that there
were but twenty. This was after the vessel had been
lying upon the exposed to the storm for twelve
i months
! Now sir the vessel was wrecked in 1885, and ii was
burnt in 1896. The testimony was taken in 1888, and
the petition presented to Congress years after The
last reports from 1916 up to this date Now, would
ask honorable senators whether such tesmonyso faint
and uncertan--with regard to this old hulk, which
had been there about twelve months upon the rocks, and
could not be worth removing should enter into the ex
animation OF this subject Without reference, therefore,
the propriey of It's being DESTROYED, il appears 10 me
that ought not to be satisfied with this vague iniona
tion and with this statement OF the value OF the proper
y which may be VACANT, especially the vessel
had lain SO long upon the coast
Mr. WESTCOTT. regret very much that the sena
tor from Alabama Mr.. RNGl had not examined the pa
pes in this case previously, and could not have made
The objections he has, instead of this time just as the
about being decided They could have been read
" explained ~rhe vessel wrecked in the latter part
of 1885. or early in 1886 Thepeiton says. believe, the
latter part OF 1885. She was burnt in the spring.
June or July 1886 am not certain The senator seems
to think it singular that this property was allowed to lay
the beach several months II is not at all strange; it
was not peUshable The hull was not expected to be
| saved The anchors and chain-cabes, rigging, lead,
ron &c. certainly could not be injured if left there unmo-
Tested for much longer period The cause of the delay
in getting out the lead Is explained in the papers filed
! 1t is not novel occurrence with respect TO wrecks
stranded on the coast Those interested await IA
voabe tides, seasons, times, and opportunities to take
away property so stuaed-somemes whole season
But the senator says the proof this not taken
till 1888 Some of 1t was obtained as soon after the
vessel was burnt as was practicable; and In 1888, when
MIR. Baldwin about to petition Congress for relief
he applied 10 the Judge of the county for order Of a
praisement and to take evidence as IS usual n cases
OF wrecks, for ether purposes The Judge selected
spectacle merchants who did appralse the property as
worth when twas burnt in 1885, at 81 ,2oo-speciiyng
the items and they made oath TO it. Their report is
file. But the senator says the dispositions are OF the
sailors of the brig, and that they very loose and
Trajectory do not think any OF the briggs crew were
examined notice the names OF citizens there who
witnesses, and do not know that any OF the Spanish
sailors were examined | think the senator is mistaken
| as to this.
Mir KING, Gnterposing) One of the dispositions is Of
Peter Scott, who swears that he seaman on board
the brig Gil Bias; read from his deposition.
| Mr. WESTCOTT Well, sir, as to Peter Scott the
senator is, am satisfied, right, and am wrong There
are many deposons-some taken before the appraisers
and several since. Among the first there is deposition
of Mr. Cooley. My colleague presume, will recognise
that the OF a citizen OF Florida, federal officer
there. formerly keeper of light house on the coast de-
sroyed by the Indians. He Is seaman, and there
others who may be seamenwreckers, folio wing the
water the coast but this Mr. Scott is, believe, the
only stated to be OF the OF the brig and had
not noticed that fact before AS the discrepancy in
their testimony, recollects %, 81 25, and
other 80 rcasks. One speaks of about five tons
of kentledgc,' and about SIX tons of lead, and an
not, | think, contradict each other, but some are
more specific than others The lead is charged in
the appraisement SIX TONS at $50 per ton Nobody wall
say that high price for pig lead northern
cities There five tons of kentledge Iron bal
last appraised al $40 per ton Is this eXravagan price
WALKERl feared this property charged, extravaganza
~, and enhanced price? No, sir. In $50, 1888
you could not get pig ron IN any pat OF the I'M
ted States for this price per ton
Mr.. NILES Perhaps you could get it for such price
now
Mr.. WESTCOTr. | suppose the senator thinks its
cheapness is owing to the tariff of 1916 II So hope
sought 10 be revived but at any rate, the charge is
sonablc And to the water-casks and anchors and
chain cables, there thirty casks valued lump al
S75 II is too much reduce it. There three anchors
at 25 each, and chain cables $50 each and il
they charged too high dock them. have oblec-
ton if senators think that this claimant, after waiting
twelve years for remuneration, will get much TO be
all, ah.,n, than