The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-25

and time again. without being yet enabled to come
TO any positive conclusion to how far this principle
shall be extended to relieve the property, from the nme
at the time Of its destruction. Now sir did not under
stand from that part Of the report which heard read
that this property was so possessed oy me troops Of The
the time ii destroyed II was not then possessed
in the way have stated the does not fall within
the operation of the acts OF 1915 and 1877, and 10 Elk
acy one of that class OF which requires that
shall settle principle IN application to the whole OF
them before we act upon any one ! will state that the
prior the last session OF the committee. upon this
particular subject where the whole doctrine has been
into al length together with the construction OF the
acts OF 1915 and 1877 and although il does not become
me member OF the committee to say that it is
elusive upon the subject still think there
strong points made IN III and had rather bavs over,
II is to be oveTuled, before sci the example in any
one which shall come up and make il precedent
sanction the whole Of the cases. by which hundreds
of thousands OF dollars will be drawn from the treasury
admit that have not looked particularly at the facts
in this II my friend from Texas is not Mistaken
and 1877 it lisa clear and ought to be provided for
But, from what l heard read OF the report, doubt
whether the facts will justify the position which my
look into it, and ascertain the facts OF the case think
but courteous let il lie upon the table for the present
M q Wbee bs s o was S
sroyed because it was in the possession OF the troops OF
the United Satssnot whether destroyed when in
possession OF IOOp@s Out whether Vi pos
session led to the destruction. II we 80 beyond that
there is limit to which will 60 in providing for tho
payment OF property destroyed while in the possession Of
Now, sir, have not examined the papers relating to
this subject but noticed the reading OF the report and
s wns
situated about three miles from Fort Minis II so, the
fact stated in the report is not sustained BY the true
The senator has told that the report upon
tain papers. make no charge az to the report speak
of the fact-the historical fact small portion OF
troops-l5 in number think-under ensign, was sent
hold that mill and prevent its destruction by the In
dams. They held it at the time the attack was made
upon Fort Minis; and after that fort fell il became a
refuge for all outside OF the fort It maintained
against Indians by of their stopping the DAM
as to compel the Indians to come down very narrow
walk and attack the mill and thus they held i until they
got all the sagglers, when they made their way to
near settlement Having defended it long they
could they left it, and the indians destroyed it Thus
would follow that the government ought to pay Tor the
from the enemy This surely cannot be said to be prop
ery destroyed because it in possession Of troops
| Eutit was destruction which was delayed by the pos
session Of the troops. This is the fact in relation to
great many cases that have had to examine in CON-
MT UNDERWOOD. The statement Of the gentleman
from Mississippi brings up the principle fairly and fully
which we have under discussion in the Committee OF
Claims According to the senator's statement. this prop
erty not, the time of this destruction in the
ual occupancy Of the troops although had been occu.
pied prior TO its destruction Now sir, il we are TO pay
for property destroyed under such circumstances VIII,
in my Judgment amount to general guarantee on u e
part Of the United States to pay for all property destroyed
whose destruction be attributed to declaration OF
war. II makes the government guaranty IN behalf OF
the citizens remuneration for all losses which may be
incurred in consequence OF state OF actual war That
is principle that goes greatly beyond any that has ever
been established bythis government by any civilized
the face of the EARTH so far my nfor.
nation extends and it is aprncple which we must set
tie way or the other as il seems to me- before we
can properly dispose OF vast variety OF that
presented to the consideration oil Congress- and demand
ing some disposition at hands therefore think. as
said before, without wishing to 60 into an argument
upon the case now that had better let the bill lie
the table until its general doctrine shall be brought uE
by the report of the Committee Of Claims, and decided
the subject may be laid on the table.
} Mr.. RUSK. II my friend will withdraw the motion
for moment. will read of the atdavs that accom-
pany this application, which goes 10 sustain pIecisel,
Mr. DAVIS, Of Mississippi. 1 take that for granted.
Mr.. RUSK. | will read simply from letter written BY
George S. Gaines:
w.'HI'oIos. Feb 90 1915
) ST, Stephens. you know, i. about ,hry.hvs miles
from Fort Minis and it is but reasonable to suppose
from my position and connexion with the army en-
gagged defence Of that frontier that should be able
lea., from my knowledge The burning Of the mill
by the hostile Creeks, have away. understood, wa, be
be in consequence oil their having been occupied
, The massacre at For, MIN. occasioned the sudden
OF the entire settlement Of Tensas and do no
believe that any families returned to 1t Tor some months ai
forwards
There can be no doubt that Governor Boun in his lete
OF the 18th October lsi3 referred TO the enss, In speaking
Of OF the settlements the Mobile river
am, dear sir, respectfully, your friend
GEORGE s. GAINES.
The question being taken laying the bill on the Ia
BILE. it was agreed TO-
ADJOURNMENT OVER.
Mr. HALE Mr.. President, have motion which
wish TO make, which will receive, no Doubt the unan
nous consent of the Senate. i move that when Thu
Senate adjourn, adjourn to meet on Monday next
Several SENATORS Oh, no
Mr.. DOUGLAS. | hope not. There are the teTrito
rails bills which will be necessary TO act upon omor
row.
Several SENATORS. II is not debatable.
i MIR BADGER hope on that motion we shall be IN
dulged with the yeas and and that friends who
are not disposed to do the business of the Senate will
show their hands-'hat is all tLaughterl call Tor the
yeas and nays
Il The yeas and nays ordered and the question
being taken upon the motion 10 adjourn over, II was
lost-yeas H. nays 2S-as iollows:
Il YEAS-Messrs. Berrien Cooper Davis OF Mississippi
Dickinson, Ewing Hale Mangu,n, Morton, Norris, Rusk
and Yuee-u
II NAYs-Messr. Badger Baldwin, Benton, Borland
Bradbury, Chase, Clarke, Dodge Of Wisconsin, Dodge o.
Iowa, Douglas, Downs Foote, Greene, Gwn, jones' King
Mier Seward Shields, Smith, Soue, Spruance, Stur
gcon, Underwood, Wales, Walker, Whitcomb, and Win
throp--2S
] Mr. BADGER moved that the Senate do now adjourn
i Mr.. HALE. The yeas and nays on that motion.
want TO have those who not disposed TO do the
business OF the Senate show their hands tLaup herl
The yeas and nays not ordered.
i The question being taken the motion to adjourn il
resulted on division-ayes 30, noes IS.
4 SO the Senate adjourned.