The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-03-30

Mr.. billiard moved that when the House hu-
journ, il adjourn 10 meet on Monday next
The motion agreed to-
Mr.. McLANE then moved that the House do now
adjourn.
The question being taken, il decided in the
negatve-yeas 81, nays lOs.
CARTONS OF TIE FRIeATR PHILADELPHIA.
The SPEAKER pro TEN. (Mr. WINTHRoP) an
nounced the first business before the House TO be
the bill appropriating 100000 for the benefit OF
the captors Of the frigate Philadelphia.
Mr.. THOMAS said that the event at Tripoli
occurred forty, years ago. and yet not until now
the appropriation was asked. Why was ii not paid
long ago. From all the information in his posses
sion, ii was TO be mere act of beraliy, act OF
generosity, on the part of the House He rose for
the purpose OF eicitng reasons why the bill should
be passed.
Mr.. STANTON, of Tennessee, did not believe
that those for whose benefit the bill reported
have strictly legal claim to the amount. II was
well known to the gentleman, and the whole
House, that the American ship Philadelphia was
taken by the Tripolitans, and moored under their
castles, so as to be under the fire of great many
guns. Decatur conceived the bold idea of bring
ing out the Philadelphia by stratagem. Manning
little vessel, he went in, and. by the bodes and
most gallant feat during any war, took possession
of the Philadelphia, and would have been able to
bring her out and make her prize but for the fact
that the commanding officer gave orders to burn
the ship. Although it is perfectly clear from the
history of the transaction that he would have been
able to bring out the vessel, he was controlled by
the peremptory orders Of the commander, Com
Inodore Preble,) and was obliged to burn her.
Now, IT is proposed to give TO the representatives Of
the gallant men engaged in the expedition the sum
OF one hundred thousand dollars--a, portion, and
only portion Of the sum to which they would have
been entitled if the vessel had been brought out.
Ii was intended reward for gallantry-as a
stimulus to our sailors and soldiers to perform sim
liar acts OF gallantry occasions of similar char
acter. A bill was passed heretofore by the Senate
and he was not certain that one had not passed the
House At the last session, however, one would
have passed without opposition had il been reached
In time. The report of the Committee on Naval
Affairs gave full history of the heroic transaction
Mr.. GREEN said his recollection of the facts out
OF which the bill had grown induced him to believe
that II ought not to pass. He differed from the
gentleman from Tennessee. Decatur then
lieutenant, and did not conceive the idea of cap
turing the vessel but his commanding officer gave
orders to his lieutenant, his subaltern, to take
portion Of the ships and burn the Phiadel-
phla. He was not the commanding officer.
MIR. STANTON, of Tennessee. He volun-
teer, and himself conceived the plan of bringing out
the ship
Mr. GREEN And burnt it himself?
Mr.. STANTON: He was ordered by the COM
nander to burn il, instead of bringing it out. The
idea originated with Decatur.
Mr.. GREEN said that the idea of~capturing the
vessel might have originated with Decatur but the
vessel was burned in pursuance of the orders of the
superior officer; and the question raised, If the
order had not been given, if given had been dis
obeyed and the vessel captured, then the captors
would have been entitled 10 prize money This is
the whole ground on which the claim is predicated
IL the vessel was not true prize, and could not be
procured as such, surely the men not entitled
TO any remuneration whatever. The naval force
was placed under the command of superior Off
GER. When officer gives command we should
not hold out inducements TO deviate from it,
When command is given it must be executed,
and the efficiency Of the naval service requires that
the commander be sustained. IL this bill pass il
Will be lnlDlied m the ndinO Of
hcer, who caused the Philadelphia 10 be burned in
stead of making an effort to secure her a prize
we look to that event with a great deal OF pride,
but ought shape our legislation as to pa s.
an implied censure on the officer who gave the or
ders Decatur acted nobly, and the men the came.
We have paid them according TO the rules Of the
navy. They who advocate the bill seek by artifice
In argument TO place it on such ground as to Sc
cure its passage.
Mr.. STANTON, of Tennessee said that he had
resorted to no artifce. He had plainly stated the
true ground.
Mr.. GREEN thought that the gentleman ought
70 have been satisfied with the qualification Of the
term artifce-'in argument" II often in
dulged IN, 20 make the worse appear the better
question. The appropriation not to pension
Decatur; he is gone. You cannot benefit him, and
add to his iaurels. You cannot give bounty to
the men, for no Prize was made. All the debt has
been discharged to them. Congress are asked to
pay their heirs and representatives hundred
thousand dollars, because Decatur did his duty as
superior officer in the Mediterranean sea. The
gentleman Mr. STASToS) admitted that there is
no just claim. There is no justice, so far as the
laws OF the land concerned. Half Of the claim
VIII go TO the agents who prosecute il, and the
other hall TO the representative of those gallant
men. IL taxes are 70 be collected from the people,
and given TO those who merely carry out orders,
then the whole duty Of the Government is reversed
Mr.. STANTON said, that as to agents, he had
not seen or heard Of one who has the slightest in
terest IN this claim. The only person who had adj.
dressed him on the subject is a lady, whom he had
never seen. She wrote TO him, and asked him TO
attend 10 the matter.
Mf. GREEN spoke in a general sense But the
true principle is this: TO indulge in bcstow-
ments Of bountiesl Are 80 exuberant in be-
nevoence as TO neglect action thousand mer-
torious cascs, and refuse TO do justice those en-
titled 10 relief! We should first take up legal
claims, pay our debts, relieve ourselves from the
obligations of morals and law, and then, if we
choose indulge in beneyolence, and deal out boun-
ties IN constitutional way. We should be just
before we are generous.
Mr.. sACKETT said that the conduct Of thosc
who destroyed the Philadelphia nothing more,
IN TACT, than what they volunteered 20 do. They
undertook TO perform execute an order issued
by a commanding officer they did so--gallanty,
II 10 true IL was nothing, however, but their duty.
The officers and seamen Of the expedition never
presented such claim. II IL their descendants,
two generations removed from the actors, who
claim this bounty The bill was based on an erro-
neous principle, and he would not vote for il.
Mr.. McMULLEN said the bill was 30 extraor-
binary IN is character that he desired 10 record his
vote against il. lit should be passed, the expert
ence OF every member should tell him that similar
claims will be continually presented. He asked
that the yeas and nays be taken on the bill.
Mr.. THOMAS moved that the bill be laid on the
table, but withdrew the motion at the request Of
Mr.. McLANE, Of Maryland, who asked that the
clerk might be allowed TO read the original order
given by Commodore Preble 10 Lieutenant Deca-
tur. Otwas read.) Mr.. Mel. said that be advocated
the passage Of this bill, but not a gift and as a
gratuity 20 the bcnefciaries. The order Of Com
modore Preblc TO Lieutenant Decatur was 20 cap
ture the fngate Philadelphia, which, at that time,
was vessel belonging to, and in possession Of, the
enemy and that II IL were necessary, 20 burn her
IN the harbor Of Tnpoli The principle Of law was
TOO evident to be doubted by any one namely, that
when vessel Is captured by a commander, and
that vessel, from any cause prevent il falling
into the hands Of the enemy, is sunk or otherwise
destroyed by order Of the commanding officer, the
captors are as much entitled to their prize money
as II the prize were brought into the United States
Where, then, is the distinction between this case
and that OF any other which may arise, This fri.
gate Philadelphia was not, the time she was cap.
tsred, the property Of the United States; she was
the property Of the Bey Of Algiers; and being cap
tured by Lieutenant Decatur and his party and be.
ing destroyed by him under the express orders of
his supe riOr officer where then Was the re,s,, l.,