The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-09-10

money in his hands On examining his trunk and
papers there was found TO be small deficiency Tor which
the government obtained Judgment against his widow
The committee were unanimously of opinion that she
ought to be released nom il, and reported bill or that
purpose. IN
ported to the Senate, and ordered TO be engossed for
third reading.
ISAAC WATTS oRTFITHs.
On motion by Mr.. JONES. the Senate as in commit,
tee Of the whole resumed the consideration OF the bill
for the relief Of Isaac Watts Grifiths.
Mr.. JONES, to obvale the objection urged by the sena
tor from Georgia, Mr. DAwsoS,] moved to amend the
bill by substituting $l6 per month" in eq Of 2o as
the rate OF pension to be allowed to the individual for
whose benefit the bill is intended
The amendment was agreed TO on divison--ayes 30,
counted and the bill was reported the Senate
the amendment was concured n and the bill ordered 10
be engrossed for third reading
cAPToRs or THE FRIGATE PHILADELPHIA,
Mr.. YULEE. ask the Senate to take up Senate bill
324 reported from the Naval Committee 1t is bill for
the relief oil the caplors OF the frgate Philadelphia This
bill has passed the Senate twice before, and will
probably not create much discussion, if any The per-
interested in il very desirous il should be acted
on now, in order that it may reach the House in season
The persons interested are chiefly widows hope there
fore, the Senate will take it up.
The bill, having been taken up, read second tme
and considered as in committee of the whole.
II provides that the oil hundred thousand dol
lars be and the same is hereby authorized to be paid
der the direction OF the Secretary OF the Navy out Of any
money IN the treasury not otherwise appropriated to the
officers and OF the ketch Intrepid, commanded by
Stephen Decatur who were engaged in the capture and
Trpol, the sixteenth February eighteen hundred and
four, TO be distributed pro rata among the said officers
and according TO the fixed by the sixth
ton OF the act OF April twenty third. eighteen hundred,
fo the better government OF the navy OF the United
States.
The second section provides that if any officer seaman
or marne who was engaged in the capture aforesaid,
shall have died prior to the passage OF this act the
to which he would have been entitled under this act shall
be divided equally among his children and his widow, if
she be living and unmarried and if there be widow,
then TO his chdren but if there be children, then to
his widow, il she be living and unmarried, as his sole
heir and in no case shall any collateral kindred or
creditor OF any deceased officer, marine be
titled to receive any OF the benefits of this act
The third section provides that IN default OF such heirs
specified in the preceding secon the share or pro-
portion to which any deceased officer marine
might have been entitled under this act shall remain
the treasury OF the United States and be carried to the
| surplus fund
And the fourth section provides that any portion of this
appropriation which may remain unclaimed in the treas
uy the expiration OF the term OF three years from the
date Of this aci, shall be carried TO the surplus fund
Mr.. BERRIEN | am taken by surprise by the calling
up OF this bill Tor the consideration OF the Senate this
morning II my recollection serves me arght on former
occasion, after pretty u discussion before the Senate
the names OF other benehcaries than those who in
cIuded in this bill were inserted n apprized the chair
man OF the Committee Naval Affairs OF that fact but
having the least idea that II would be called early
PERIOD am not prepared TO present these claims is
therefore that ask that this bill may De postponed to
some future day, am not disposed 10 delay the investi
CATION, but would prefer 10 have opportunity OF CON-
muncating with the parties BY letter, which may be
answered in the course OF next week.
In ORDER therefore, 10 afford opportunity OF bring
ing the consideration Of the Senate claims which have
been heretofore recognised by the vote OF the Senate,
move TO postpone the further consideration OF this bill
until Thursday next
Mr.. YULEE. The senator from Georgia, few days
since communicated TO me his desire upon this subject.
that provision should be made for the parties to
whom he alludes stated al that time the grounds upon
which the committee had acted and had hoped that the
facts which then brought TO his attention would have
ind hat n tha IN I'M artars
further in the controversy which had previously embar-
rassed this bill and caused its defeat.
The Justice of the bill has been recognised year after
year by both branches OF Congress large class of
PERSONS most OF them needy and meritorous, are pro-
yided for by the bill but because a controversy has
arisen between OF the persons provided for and the
parties whom the senator from Georgia aludes, all the
other mertorous claimants who concerned in II have
lost The provision to which Congress has decided, year
after year. for the last ten fifteen years. in house
the other, that they entitled. We very
the close OF the session, and should be very
willing that any should be pursued that would
render final action upon the bill at this session doubtful
We have been very much urged by other persons inter-
ested in this bill TO ask the Senate to pass il
possible. trust the senator, therefore, when repeat TO
the Senate the grounds upon which the committee de-
dided, will withdraw his motion.
Heretofore and the last session. the Senate decided
to include the ladies' TO whom. presume reference is
made by the senator from Georgia. as co-bers with Mrs
Decatur in the share which would have fallen TO Commo
dore Decatur under this bill Ii was done upon the pre-
sumption raised by letters and certificates presented here,
II
them as heirs, and to leave them share OF hs property
and accordingly The bill proposed to provide for them also.
But find, the reference OF the to the committee
al this session, that Commodore Decatur shortly before
his death, made will in which he determined for himself
the disposition and direction OF his assets. Now think,
and hope The Senate will concur with the committee, that
we ough, not TO go behind the expressed will OF Commo.
dore Decatur. and make for him heirs whom he did not
contemplate hares in the assets which he left for the
support OF his family He, by his will gave to his widow
the benefit o whatever assets belonged to him. We have
learned too from information which has TO the
committee, that without any fault the part OF that
widow, but either through the fault the misfortune OF
the gentleman who represented the estate OF Commodore
Decatur, she has not received the benefit OF single
dollar Of the estate he left but is dependent upon what
she receives from this provision, which she IS really and
truly entitled to, for the support OF the remainder OF her
days
Under these circumstances the committee TO the
conclusion that belonged TO Commodore Decatur to pro-
vide for himself the direction OF his assets and he having
made will in which he left TO his widow bis estate and
all assets 10 which he might be entitled that Congress
ought to feel itself precluded from interfering with that
disposition OF his property The will dates but short
time before bis DEATH and is among the papers.
Mr. BERRlEN Will the Secretary inform me at what
time this bill was reported
The PRESIDENT. On the 23d Of August
Mr. BERRiEN. II viii then be seen that there has
been extraordinary d gence the part OF the com
mi,tee in bringing this the consideration of the
Senate, but that this is TO be compensated for by the ra-
pidly with which ii is to be decided upon after Il has
been reported Now, have TO say upon this subject that
appfehend the Investigations OF that committee have
been made az pare regards the parties m interest
whom represent here was not aware myself that the
committee were about to act upon this bull II was only
by letter which, received from OF the parties in
interest," who is absent from the city, that my attention
called il. and | thai TACT To the