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


she has contributed from her own separate nssps y en-
deavorng 10 dsembarrass The estate, has n9l hsen
relieved and although large amour. o. assss ~
ky the Commodore She has not received Qne cent The
committee have not felt at Liberty under rhe cES4Tstsn
ces 10 disregard The direction OF Commodore Decatur
given under winch seem to attach degree
of sscredpess hat have directed The distribution Of the
fsna in sho way which he expressed af1 shhfeFa@H
Mr. DAVIS. OF Massachusetts,. Befors the chairman
Of the committee resumes his seat wish 10 inquire OF
him wins, the rule OF distribution adopted by this bill
whether i IL the prize act
Mr. YuLEE. Yes. cir.
Mr. DAVIS Aud il il is the prize act. whether the
complement OF and officers who manned this vesse
such as that the distribution would be what would
ordinarily happen IN regard TO vessels OF this k'nd VI
the officers and men who armed that vessel and served on
board want TO know i the chairman OF The commit
lee supposes what grade of officers was there
Mr.. YULEE. The highest grade was Lieutenant De
cstur He would receive the portion which would be
long to the commander of the vessel The comm ander
OF the squadron would receive bis portion Commodore
Decatur next the commanding officer, and the others
in equal proportion according to the provisions OF me act
we adopted. There has been dltcuity heretofore
growing Out OF conventional dislribuonschs Of dis
ribut0 proposed al different times by different acts bn
The committee thought best to sci II down By the rule
which, under ordinary circumstances. would be observed
in distributions under the prize act think there is
table connexon with the report, which will find pre-
seny the senator from Georgia offers his amendment
which will show the shares that will go each person in
the distribution that is made.
Mr.. HALE. know il IS always an ungracious to
to oppose bill OF this sort The honorable senator from
the distribution hope has not quite come TO that
that the greatest difficulty in coming into the United States
treasury il to be contest between those who come to
know how the spols are to be divided
This bill sir, is old in my memory as any historical
event that can ecollect remember when first heard
of the declaration of Independence and think heard OF
this claim before that II has been constantly before
Congress- and do not doubt that it will be found that in
ssme shape or other has passed both branches o. Con-
thai has watched over this country 80 mercully, from
the day Of the declaration of Independence to the con-
not YET become law. And do hope that the same
Providence will prevent il from becoming law now, be-
cause look upon agross violation of all our obga
tionsas an attempt to take money out OF the treasury
without law and against law, and 10 distribute il for
divers reasons which operate upon all sorts OF minds
And think the senator from Florida is exceedingly mis-
taken when he says that it has been the practice OF this
government to pay money for vessels taken under these
/ gsh.g; az; time tin. na the senator .as
The PRESIDENT Does the senator from New
Mi HALE No. sir | am going to furnish the SEN
ator from Florida with the facts, [laughter and then he
may fu V m Hs with bis facts saving wh, nj
Mr. HALE. saw. day or two since, memorial
prepared to be presented TO this Congress by the widow
Of the late Commodore Porter. and upon opening that
memorial statement OF facts, giving the history
Of vessels captured by Commodore Porter while cruising
in the Pacific ocean during the last with Great
Britain which captures amounted to millions of dollars
do moi remember how many, but think three millions
Of dollars think the number of vessels was ID most
OF them OF superior force that of Commodore Porter
Now, sir. we all know his gallanuy in those du
ring the last wathat the fame Of the country very
much enhanced by his achievements, and that his fame
continues this day. WE'LL sir. Of these IA vessels
if am right in the number-the aggregate value of
which amounted to nearly $1,000 900, think 10
reached the ports of the United Laes to be adudged good
prizes, but were taken from him subsequently, de-
stroyed At any rate, only about two OF the whole
Der ever reached this country; so that if the principle Of
this bill 10 TO be established. and this money TO be paid
out Of the treasury upon this claim TO the heirs Of Com
modore Decatur there is just exactly good claim up
on the treasury in this if The facts have stated be
capable Of proof in the other. and the amount you will
have to pay 10 Commodore Porter will be some Two or
three millions of dollars have doubt, you
ton THE principle you will have TO 90 back INTO the his
tory Of all the naval contests that have taken place from
the commencement OF the government down, and you
viii 6nd an amount thai will stagger credulily.
And cir, ! am e, loss 10 know upon what principle
the lener OF the law at all. The fifth section OF the
Statute which grants these prizes says that the proceeds
which shall Be .djudssd good prizes shall Be distrbusd
% and 20. is not the proceeds OF every vessel that is
taken from the enemy. and then destroyed for fear it
may be retaken, that by the letter or spirit oil the law
to Be distributed among the captors tbs when the
prize adjndged TO be good and when the money
comes into the treasury, that then certain ror,iona
hall under certain circumstances, and the whole under
other crcumstances according to the force OF the capu
ing shp-shail be distributed By the administration OF
the Law in that way, there is nothing taken from the
treasury but what comes into it, But here is an attempt
enlarge the principle. and 10 take the estimated value
OF 4 vessel which adjudked good prize, but
which, by possibility might have been. and having
Pot m estimated value upon it, TO pay to the capofs what
they would have received provided they had made a
good prize Of it,
The facts of this believe to be these The Phil
adelpha was American vessel. She taken by
the enemy and carried into port, and Commodore Deca
tur, with the under bis command, planned expe
dtien TO 90 and retake her and they did But, for
fear that they could not get the prize out OF port they
burnt her to keep her from falling into the hands OF the
enemy For this called upon 10 pay 800 900
bslieve the principle be utterly unsonnd and wholly
wrong do not know any reason why doiRrA are to be
paid Tor property taken the water any more than on
land. But long the law il there's long a. this
distraction between naval and military ofhces exists
upon the statute book would administer according TO
the strict letter. and 60 ioa farther think the
principle in the first place 10 wrong and against
tending wrong principle any further than am com
PEELED TO extend by the letter OF the law and by the let
Of the law there is not dollar due to these capors
They brought money into the treasury. They made
good prize Of no vessel They simply started exped
ton which, il they had succeeded, and had brought the
vessel home into port and had il adudged good prize,
might have entitled them portion OF the proceeds OF
the sale. Butunt that is done they have no claim in
law, and they have in equity There IL no equity
OF invidious distinction in favor Of the sailor and against
the soldier which should not be extended beyond the
very necessity OF the requirements Of The statute.
Sir if this bill 10 to pass, and II the principle TO be
sanctioned in this hope we will go further hope
we will nj least be equitable and honest, and that we
will pay 70 the widow OF Com Porter. who ia equally
cessstoas. and whose husband equally mertonous
end - brave any officer that commanded an
Aevcan vssael and who received the worst return Tor
-Il--a ~