The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-11
IN CONGRESS- OF THE U. STATES
Thsrsy-kIrss Congress sseoad sssss...
SATURDAY, FEBRUARY S. 1881.
IN CONTRIBUTIONS


L
| GATORS OF THE YRIaArE PHILADELPHIA
The Senate proceeded the consideration as in CON-
mee OF the whole OF the bill tor the relief of the capors
Of the irlga,e Philadelphia,
Mr. BERREN remarked that this bill has been report
ed by the Committee Naval Affairs. In behalf of the
representatives OF Commodore Decatur he proposed to
submi, amendment toJhe bill He would ask in the
hrst place. that the chairman of the Committee on Naval
Affairs explain the grounds upon which the report
made.
Mr. YULEE With respect to the merits Of the bill,
anaton is necessary for the claim is almost q old
aDshe government presume the point upon which the
senator desires explanation is IN references to the ds
Mr BERRIEN. / have heard some objections 70 ths
bs Commute. . = NH. ~ n.
upon which The report has been based.
Mr. YULEE; The report itself explains those grounds.
! will ask the Secretary to read il.
part OF the report being read by the Secretary,
Mr. YULEE mterposed and said Perhaps may
the time of the Senate by brief explanation, the
understanding Of the The point Of the case Is thls
BY the general provisions of the law relating to such
il the rgate Philadelphia had been brought out Of
been entitled TO the value OF the whole vessel the frgate
being OF larger force than the capturing vessel and il
would have become their property But in consequences
The fact that the vessel was destroyed and not brought
out OF port they could have claim upon the specific
property caftured, but have TO rest upon the bounty of
Congress 10 make substitution OF the value OF the prop
ery thus lost by the destruction Of the frgate According
to invariable practice and precedent has been usual
with Congress to make allowance in money from the
treasury the captors of vessels which have been lost
before they could be brought into port upon the ground
that the amount OF gallantry which il the pur
of the law 10 stimulate by giving them the captured
the vessel lost and that if the loss Of the vessel
the consequence of the circumstances Of her capture and
not Oh hs e. fault OF the saptos the hhoeailfy aud gspsr
the value OF the property thus lost without fault
the part Of the captors
llappears by evidence OF the case that The desruc.
ton OF the rga,e Philadelphia unnecessary ; that
she could have been brought out OF the port but for the
specific and decided order OF the commodore Of the dee
that she should be destroyed in obedience TO orders She
destroyed in obedience that orderit being deemed
saer by the Commodore, in looking at the result Of
an to destroy her upon shs spot All
the moral effect oil the capture was accomplished The
pilot teslihes that under the existing OF the wind
the time. she could have been taken out; but, ,hs
contrary, she was ordered to be destroyed
II has always been considered by both houses OF Con-
that the claim OF the captos for remuneration was
well deserved ast and pep4r and should BE- allowed
and the only difficulty has been the distribution OF the
value OF the vessel which was destroyed That di6culty
has grown principally out Of contest upon the part Of
those who claim TO represent the interest OF Commodore
Decatur. who the officer in command when The yes-
sci captured That difficulty still exists and The
committee, upon consideration OF the relative elaine Of
those who desire to share in the portion which would fall
Commodore Decatur and his representatives, 10
the conclusion that they must be governed BY the legal
right Of the case That, believe, is the point upon
which the senator from Georgia Mr. BERRIERl feels
Il chiefly interested.
II appears from the testimony which was before the
l COmmO~
dore Decatur when he was brought from the scene OF
his DEATH will which directly and specifically directed
the distribution OF his effects That will. written whsn
he preparing 10 20 TO the field and found in his
pocket when he brought into town. furnished TO the
committee the only rule which they felt themselves lib
% ssds II s. "nd the hsS. which
vided that il shall be given to the widow OF .Commodom
Decatur under the provisions Of this bill He directed
that his widow should be his heir That he last d.
recon II il is right to appropriate to any one in the
distribution OF this fund.- is right to direct the inher.
ance and TO who shall receive the benefit OF what 10
due to him from the government; and unless il 10 due to
him by legal right, he has OF course claim to it, and
the bin ought not 10 pass at all
There is letter from MIR Tazewell, who was par
tcuar confidential friend OF Commodore Decatur, which
s published with the documents, and which think it
might be interesting and important for the Senate to hear
Georgia to make amendment contemplating any other
direction OF the fund than that which is made in the will
understand il to be the purpose Of The senator rom
Georgia TO make amendment OF the description which
suggest, | will read part OF this letter.
I'm your question, III yosr late husband
communicated 10 IN any manner whatever. that he
self only say that he did in manner what
ever lodeed, knew that he had any necss until
before his death when during flying Walt 10
Washington, called TO see him, and was in,rodseed by
yourself both OF the Ms'e. Mcknight who were
toned TOR the first time that they were the neoss
"shor,y before the ment Of the last war with
Great Briair, when Commodore Decatur about TO
a will for him. which he left with keep for him
BY This will after athing some swords and oshsr
military trophies, inemento OF his regard 10 his
nephew, Sep hen Decatur Mcknight then young ofhoer
the navy he gave all the rest OF his proPery TO yourself
This will kept for many years But upon his return
TO Norfolk after the Agcrine treaty. gave back 70 him,
s his Request and he destroyed II in Presenoe saying
that he was then satisfied poor Mcknight would never
" His will have 1t written aitowethss By
himself tho evening before his dcccasc, and was taken
from his pocket after hc was brought home, by We
late Commodore Rodgers. This Commodore kodEsrs told
me himself In order explain the appearances tho paper
then had
..As said, my acquaintance with the Mlsses Nc
knight commenced but short time before the Commo
dores death, during flying visit then made 10 Wash
nor any other did him mention thsm, far
Il recollect
with great respect and very sincere regard remain
my dear madam, yours re- truly, ,ro,,
"NoRroLK, November 5, lss9."
Here is copy OF the last will OF Commodore Decatur
81 Stephen Decatur, of the United States navy,
residing in tho city OF Washington do mako this my last
will and testament, as folowst
give, and devise my beloved wife, Susan Dscain!
and her heirs, all my estate, real personal. and Mixed
vhcresoevef situated and appoint friends. lieon
Waller TSxcwcl OF Norfolk, Robert G.. Harper OF beiu
more, and George Bomfod Of the city OF Washingon TO-
geher with Mrs D,catur my wife, to be tne oAouo" OF
this my will" as1f
This will is recorded in the office OF the Register of
4 Wills, in the city OF Washington
Ii will be seen that at two different periods Of his life
he made WILL in both instances conhdnk trusts 70 Mi.
Tazewe his friend in reference TO the dispositon Of
his estate after his death and IN both these Wills he
confined his inheritance to bis widow The last
written the mig before the event Of the field which re-
suited so fatally to him, and the will was taken from his