The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-11
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! ausrter'nastsrs, each ,is6 Al
sergeant of marines i,i3s Iii
l corporal OF marines 1886 All
quarterRunners LBS II
~ sea men and marines SS3 y
Now, have shown that if the vessel had been brough,
into port the captors would have been entitled 10 The
whole prize that could have been brought out but for
the express order OF Commodore Prebe and that all in
Stances il has been the practice the
to make provision money out of the treasury of
the or loss OF the vessel which had been
tured. The fact is, matter OF historical nyestga-
ton, every gentleman who has been acquainted with
congressional proceedings In past times must know, that
spect to the distribution Of the fund We propose to
settle that by adopting the prize act the rule of dis
tribution, giving to Commodore Decaturs widow the
benefit which he designed in his will that she should
ceive and which he supposed she would undoubtedly
ceive in the sharing OF the distribution
II is suggested to me to notice what the senator from
New Hampshire says with respect to Commodore Por-
,ers captures. OF that can say nothing. not having
the paper which he REFERS and knowing nothing
OF the facts 70 which he aludes But lpresume he may
have been laborng under some mistake and that he NAV
have reference the captures which have already been
paid for being the captures which made of the AL
gerne vessels by the squadron. in which Com Decatur
believe. had share. and which restored and paid
for BY the government, amounting 10 100000 And 40
with several other vessels connected with the same
vice. TO which possibly the senator refers But
able to explain further respect these facts TO which
the senator alludes. having had my attention called
them before. ! presume, however, the must be
captures OF private vessels recapture OF private
".
This is case Of the capture of armed vessel which
had the flag OF the enemy flying upon it, and, although
was originally an American vessel. has become for.
cgn vessel by the circumstances of her reeapure Her
flag was raised and she was al the time held and manned
armed vessel OF the enemy As such she cap
tured BY Commodore Decatur and her captos entitled
Mr. BERRIEN Mr.. President, the question OF the
allowance of compensation to the capors OF the frgste
Philadelphia has been often decided upon very full
discussion by each house of Congress- though
lemponeousy by both, tina, had little expectation Of
hearing that question raised in the discussion Of the b
at this time Sir. the provision Of the law upon this sub
Of the Committee on Naval Affairs The capture of an
armed vessel Of enemy OF superior force TO that OF the
capturing vessel gave right to the property, if it
brought into port and adjadgod prize Now, when the
OF this case are considered uness in the
lapse Of time have forgotten to appreciate those
who Contemporary with lis Occurrences did appreciate
the gallaniry OF this action, will be found TO be exactly
within the equity of tho law this subject, though moi
within its letter. The rgsie Philadelphia, under
maDd OF Commodore cambridge, cruising OF the coast Of
enemy and the commander, officers, and made
prisoners. They in this situation when communi-
cation was made TO the officer commanding the United
States naval squadron that station OF the fact that the
Trpolians IN the act OF fitting out that vessel TO
cruise against the armed vessels and OF the
United States. Under these circum stances ii tina,
this expedition, winch considered not mere "
OF gallanuy but almost OF desperation. undertaken
BY which proposal made to 70 and get that vessel
out OF the harbo Of Tnpo lying under the guns OF The
fortress and the armed vessels OF that port The frxate
Philadelphia, which was proposed 10 rescue, then
TrPolan weasel. and she was OF vastly superior force
70 that which was sent against her, and it would have
been in the power OF Commodore hen Lieu,snan Deca.
tu according TO the testimony in the to have brough,
himself within the letter OF The law, which would have
entitled him the whole Of the value OF this vessel when
she should have been adjndgsd good prize. For II she
had been brought out OF that port and placed under the
protection and escort OF the American squadron abe
could have been safely brought into the United States
and the provision Of the law would then have literally
applied TO her But ihe commander OF the squadron,
fearing 10 put in jeopardy the lives OF the gallant
men who had volunteered to 90 on that expedition,
forbore the attempt to bring her out Of The port.
and required that she should be destroyed within IT,
That order was piled with The vessel which would
them S Of heinz on G
and into our own, 10 - 70 ene the patty the whole
value Of the vessel she was In obedience 10 the peremp
tory order o. The commanded destroyed within The por,
&C, Of gaantfy like this, in which individual intere ss
the interests which would have resulted from what wss
and bringing her to the United Slater, where she would
have been deemed prze--that this of sacrificing in
divdual interests to strict and literal compliance with
the order o. The cOsnds /, Of The saI,dto wheA
oue say thai this shall deprive them Of ths equity which
results from the transaction Sir know not but have
been PIe.sn, nPon fGfmsr occasions when h. hll h..
the eqdity OF the claim to which these parties entitled
themselves for this very gallant action The only ques
ton which has arisen has been that a regards The da-
iribution That "a the Question which induces my inter
ference ~ this manner ii the present time. tti
There parties claiming to be entitled TO portion OF
this allowance, who afs the widow and children Of gal
liant son Of Georgia ofcer Of the American army. who
with his son peshed the fields Of Mexico He lsf his
widow and children in state almost Of
She presents her claim one, and her the
others. Of three neees Of Com Decatur adopted by him
a. his children and upon evidence which serves to show
that be had declared his determination 10 provide for hem
alter his death. his children. This il met by The chair
man OF the COMMITTEES on Naval Affairs by the pfoducon
of the will Of Commodore Docafur hv Which thA whnle
Of his propariy il gwen to his widow That Allegation,
however. met BY abundant testimony before oshow
tia, Commodore Decatur, in placing this ru~t in his
widow, in devising the whole Of bic property, 10 his
dsres that sts bsSs * bossesiod II RI wishes n rsA-
lidn these his orphan shos>h~ had Adopted
as his chkiten, would provdefo fshd morn largely than
he could do This evidences which proposs to submit TO