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

he p,e s has BEEN hs s followed 10 al
cases When the Constitution captured the Gurnsrs.
GU gave $4,000, and you di.Sbu,ed II rnder the
prize Law. ban oihsI ships were captured like sums
and y soms Instances aIksr sums; were gwen and ds
tina, general rule which deemed equitable under
general law, | was satisfied. and am satisfied now TO
have applied 70 thus ACT Then what does Mrs Decatur
se,' Why bave,a table bsfoI me TO show 'ha' she
The captain OF the Intrepid. then. under the act would
be snttled TO $4,000 if Mis- Decatur As poor and
needy, as believe she is am not. Tor one willing TO
divide that sum OF money; and therefore am moi VIII
ling TO vote for the amendment which is proposed, In
aging this DO not intend to call in question the great
responsibility of the individuals who set up this clam
They people OF great responsibility. But do hold
that Commodore Decatur as one OF the last acts Of his
life, and in anticipation OF the event which might occur,
and which did occur made WILL and expressed on the
face OF that paper his real intention and purpose uat
intention and purpose was that his widow should have
the disposition OF this fund.- and that should be lett to her
Judgment and TO her discretion To bestow upon or
B, or any other ndivdual-if that his will, then
is my WILL and | will carry out his wishes upon the
subject He entitled to The money, and would
consider il his estate would have ii descend in the
MIR. HALE Before the Senate entirely loses sight
OF the nam question in the discussion about the DIS
lributon want 10 call their attention back to the
IL my aa mem
another historical fact about this matter, which think
will be authenticated by reference 10 the history OF it
the congressional DOCUMENTS which 49, that this clam
prosecuted before Congress- for many years and hnal
ly failed 1t did not become law And then, sir after
the friends Of Mrs Decatur had made repeated attempts
TO get the bill passed. that famous act was passed which
dsspated the naval pension fund.- and violated the faith
Of the Union by squandering that fund; and II grew out
OF the Ruthless attempts to bestow the largess OF this bill
upon Commodore Decatur's widow | think J am not
Mistaken and that the history OF the congressional de-
bate upon that bill will show that the squanderng OF that
fund grew out of the repeated failure to pass this bill
and when that fund was squandered and distributed and
fuith Tho lnlutod w
Of Commodore Decatur received quite as much OF the
distribution of that fund she would have got II this
bill had passed. believe she is recGving to this day
pensQn bestowed at the time OF the passage OF that act
think that the amount received by these widows was
something $40 900 apiece at the first distribution OF
that fund think it will be found that she received as
much that am satisfied that the Senate, they pass
this, will open tremendously wide door for CLAIMS OF
similar character The ground upon which the senator
from Florida has put It has been well answered BY the
feats this claim They did no, make good prize Of it,
and did not intend 10 make prize OF it Tney were NOT
to make prize of it, but to burn the vessel That
the chairman OF the committee, Mr YuLEEl They did
not go for the purpose of taking it, and did not make
prize OF il within the meaning Of the act If they had
they would have violated their orders They sent
burn the vessel. and did burn it. We called
upon to give them, not what they entitled to for
CALAMITY performing their duty. but what they might have
Tha, is il, and nothing but that Upon that ground
hope the Senate will be slow to pass this bill.
Besides if the bill is passed. it will be great breaking
Of the Of the family to n' iuas
the threshold, and not give this largsss about which
this quarrel is to take place If reject the bill. we
Il. Of senator from New Hampshire
bad been in his place when the chairman OF me Naval
Committee gave the Tor making this allowance,
although II did not come within the limit OF The law and
when he showed that ought TO be paid in equity by
Congress. think he would not have repeated the suy-
gestions he has made.
But, sir. the question before the Senate Is upon the
amendment and desire 10 offer answer TO the sug
gestion made by the chairman OF the COMMITTEES on Naval
Affairs to point that Commodore Decatur, BY Civ
ing the whole OF his property to bis wife, IN confidence
that she would make provision adequate to bis wishes
for these neces, has lett them in situation in which
they have nothing to rely upon but the fulhmen by the
widow OF Commodore Decatur OF that trust which was
reposed in her. Now, sir, far regards thar which
the property Of Commodore Decatur have admitted
that thai their condition But say. in answer 10
that suggestion, that this never was the property Of Com
Decatur II never passed by his will He could not
have vised it. 1t was mere possibility TO result from
equitable allowance thereafter to be made by Con-
gress 1t was intended. in fact, BY his will While
but upon the disposition OF Mrs Decatur TO ulhl this
wish Of her husband, as te the portion which she did
receives as relates TO this claim. their reliance is not
upon Mrs Decatur but upon the equity and justice OF
the Congress OF the United States,
Again, II this a legal caim-a claim which
could have been disposed OF by the will OF Commodore
the relation this fund in which they are represented
by the chairman Of the Committee on Naval Affairs to
be. But this bounty TO be given by the equity OF
Congress, which not affected by his WILL and cannot
be controlled by its disposition.
But the senator from Massachusetts Mr. DAvIsl
says that the will evidence OF his intention at the latest
moment OF his lie in which he could signify hls inten
on and he therefore will 20 according 10 that evidence
The senator should have ecoected the testimony which
has been given in this which looked the tact that
Commodore Decatur intended to give the whole of his
property to his widow but upon the confidence which he
that she would make this provision for these
nleces.
With respect TO the statement tina, Mrs Decatur had
received nothing from her estate enter reluctantly upon
the discussion abs,ained, when before adore ssed
the Senate, from referring to the letters OF Mrs. Deca
ur which are my possession. What IL the account
which the ne nator reads Ii account between the
executors OF the estate and Mrs Decatur, representing
paid to the estate the creditors Of the esiie but to
the the persons who entitled to receive the
proceeds OF that estate.
Mr.. YULEE, (in,erposins) The fact is, that it all
paid for debts resulting from Encouragement.
Mr. BERRIEN resumed Then | must turn to the
cording the statement OF the That real
produced income Before Its sale. rents and profits
were received IRON it. What became OF them Here is
latter from Mrs Decatur to OF these neces, Miss
Mary Mcknight.
(Mr b. here read the letter
The evidence afforded by this letter is that Mrs Deca
tur perfectly understood the intention OF her husband
Here il another letter OF later date.
tMr. B. here read another letier.l
This written years after her husbands DEATH show
ing that she had been in the receipt of the and profits
of the estate up that date This letter is dated in 1875,
and the former in Commodore Decatur died in 1920
These letters conclusvsy 10 show that Mrs Dsca
tur perfectly oil the intentions OF the Commo
dore with regard his neces and that she was IN the
cept OF the and profits from the OF her husband
vepva nfi of