The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-11

entitled themselves which they
manifested the power which Congress possesses to
allow il equitable claim they possess Indirectly
distribute that claim II was not legal right which
subec! 10 the disposition OF Commodore Decatur by his
will but il il equitable claim which, being allowed
by Congress. may be regulated in its distribution in
any other
Let me say that when this bill last passed the Senate
the amendment which propose to the Senate then
part of the bill. The bill as it passed the House Of
Representatives also. in 1880, and has more than
once passed this body, contained this provision:
PROVIDED That this be construed to give
Ms. Susan Decatur. widow Of Commodore Decatur, and
Mrs Priscilla Decatur Twiggs and her two sisters
Children ii an equal share in the Of the prize
money made under this act-io w.t. one-fourth each"
When this bill before the Senate on former oc
cason, this amendment was adopted after full discus
sion, by decisive vote Of the Senate 1t formed part
OF the bill which passed the House of Representatives in
$780, and it is that amendment which now submit to the
consideration of the Senate move to amend the bill
now before the Senate by adding as proviso
Providsd That Ibis section be construed as to give
Mrs Susan Decatur widow of Commodore Decatur and
Mrs Priscilla Decatur Twiggs and her two sisters niece
equal share in the distribution Of the prize money made
| under this act--io w.t. one-iourth each"
Now will proceed TO the evidence upon which |
think that amendment will be sustained
Here the honorable senator read large number OF let
tiers and other papers, from various persons, tending to
neces considered as his children, and provided for as
! such, and that such provision had not been madel
think it is now abundantly evident that Commodore
neces were that provision should be made for them !;
that his widow 20 whom he devised all his property he
expected would make this provision that this provision
has not been made that this is no, legal but an equ-
ded for according to the request contained his will but
that il liable such distribution Congress may
slider conformabe 70 equity and Justice and consistent
The why this provision for these does not
appear in his will is plainly shown by the testimony
before me. i was on account OF the confidence that he
bod ,ph Df her
intentions even more literally than he himself would
perhaps have done II she has not been able to do 80 in
consequence of the circumstances which have been stated
by the chairman OF the Committee Naval Affairs, al
though it is very obvious from the testimony now before
me, that Commodore Decatur, short time before his
death considered himself being worth estate equal
in value 500 ,O90-if she has not been enabled to
carry out these intentions OF Der deceased husband
the is stronger in equity to allowthese neces some
portion OF this lutte remnant which will result to them
from the bounty Of Congress-no az legal distribution
OF beQuest by his will but as bounty which Congress-,
in the exercise OF its power gave TO the
ten,ons that are therein clearly and distinctly indicated
Mr.. GWlN. move to postpone this question till to-
morrow
Mr. HALE hope not Let us have a vote this eve.
hing. hope il will be voted down this evening
Mr.. BERRlEN Let US have a vote upon the amend.
ment now.
must persist in my motion.
The question being taken upon the motion TO postpone
upon division was not agreed to-ayes 10, noes not
counted.
Mr. YULEE | shall occupy the attention of the
Senate but short time The evidence upon which 1t Is
alleged that these young ladiesthese nleces OF Commo
dore Decatur-were adopted BY him disputed by
Mrs Decatur; but into The merit OF that dispute do not
propose al this time TO enter. II is sufficient that Com
modore Decatur decided, "a the senator from Georgia
himself admits by the case which he presents TO the
Senate 10 trust TO his wife the disposition Of whatever
assets there might be- and TO leave to est with her
to the extent OF the bounty which should be extended 10
these nieces, his adopted children Ii rested with her
i'll In les Ve ~ trus andth
presum ption and very natural purpose with him was
that his widow his bosom friend and companion through
life, should enjoy first the benefits OF the estate, and il
the remainder sufficient TO enable her 10 extend
bounty the children OF his BROTHER she might do
Now the senator complains because she has not done
because she has not made provision Tor these necesand
asks the Senate to interfere and nsead OF leaving it TO
the widow, as Commodore Decatur designed, 10 apply
The bounty towards the children OF his brother Now
that is sufficiently answered by the fact that Mrs.
Decatur has never received cent from the estate
OF her husbandhas never, therefore. been enabled to
carry out the wlshes Of her husband 1t happened that
the estates for the assets invested real estate and
did not realize anything like the amount which
expected they worth. Here is the account of the
executor by which il IL shown that the whole amount
received S3sA6 s2 and there paid 10 the estate
the amount OF S37749 "a leaving balance due BY the
ecuior Of 1887 IS, which all the balance left for
distrbutioa among the heirs Of Com. Decatur. That
has never been paid to Mrs Decatur Now. 40 far from
having received anything from The estate has happen
ed according 10 her Abatement that she has been obliged
to sell the plate which her husband left rather 10
~
debt contracted upon account OF the estate OF her hus
band and which she believed the honor of her husband
required should be paid. And she living upon
annuity, upon portion OF money that Congress gave 10
her pension, and which am informed il really not
sufficient get her than her bread, abe being de-
pendant upon charity for the house which she occupies
That il the state OF the and the OF her dsa
bility contribute anything bounty these n'eces
And now tremalns with Congress- to determine whether
they will ineIpose. and instead OF leaving to her, Com
Decatur intended to determine what portion OF the
amount which may come TO her under this act OF Con-
gress shall be distributed TO themit remains for Con-
grees to say whether will interpose 10 do il
give her a dover in the estate Of her husband
This amendment proposes to give her ne.fouh only
instead Of third, the lawful dover Of widow.
Mr.. DAVIS, of Massachusetts, | have but q few
words to cay. This. as has been justly said, old
claim. have never considered 1t, although believe
have in or two instances voted againsi its allowance
in the House of Representatives, claim destitute OF
merit II is claim for gallant services, The like Of which
Congress has in many instances rewarded, and rewarded
too, with commendabe libcraliy. This il act of gal.
lantry of which the country has always been proud i!
places leaf Of laurel upon the brow OF this individual
and has given him reputation that has been seldom
surpassed. And regret, depore that there should
this vessel could have been taken Of the por Of the
enemy rescued from the hands of the enemy and brought
into port of the United States for that my judgment,
detracts materially from the value Of the service,
because undertakes The hazards which belong to IT,
The vessel was destroyed, and properly destroyed.
Now, the only difficulty that have had in my mind
has been Al regards the distribution Of this fand Mrs
the outset With that NOT satisfed, yet woa'd
have been gad TO have been liberal with hess IL WASH
thea, now. that ahs Was Obliged 40
the tropheA of her husband 10 dspose OF alb hAl