The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-02-07

had not been sooner introduced and he gave me
this statement went (sad he) IN the Pfosecu'
ton OF the cruise in which was engaged when
( captured the Eperyer and sent il into The por!
OF Savannah for Condemnation; and when returned
and found one-ha Of the prlze.money had oeen paid
into the hands OF the pTZe- agent, knew hat A. was
wrong | applied to a distinguished and honorable gen.
tleman then a member of the legislature OF virginia,
and asked him to institute some poseedlngs or my re-
lief He said 10 me- : il is impossible Commodore, 10 go
behind The decree" lie took Tor granted, and so did
the Commodore that the marshal paid the money accord
ing TO the decree He had no idea that The decree author
lied all the money be paid to the captos, and he sup
posed that the authority Tor paying one hall OF the
money TO the United States mistake OF the Judge
who pronounced the condemnation And there the mat
ter rested and years and years elapsed before dis
covered that the decree was right and mat the payment
wrong.
say sir though the large that there has been
no claim from the foundation Of the government, in my
opinion, whether for million OF penny, more justly
due or due 10 more honorable man, TO a man who
has render red distinguished services 10 his county
1t has been too long delayed The government has had
possession OF the money Tor forty years All ihal IS
asked is the return OF that money without any interest
Mr. BRADBURY Mr.. President, have listened
with interest hear the honorable senator from North
Carolina lMr BADeERl make his explanation, aud he
always speaks well that can but listen TO HIM win
great deal of pleasure think however, that we should
examine the subject carefully 10 why IT IS that the
claim suspended so long without application. II
looks TO llle singular that for some forty years, an
individual residing 10 the capital Tor aVery considerable
the government was indebted TO him TO an amount as as
serted, of 100000
Mr.. Badger Mr. President, have endeavored to
explain. do not believe the gentleman was listening
Mr. BRADBURY. 1.-THE senator wishes for the floor.
Mr. BADGER Oh, no-not at all have already ex-
planned the matter sufficiently.
MIR. BRADBURY. | suppose the object Of the act
which grants 10 captos, in where the vessel cap
ured OF equal or oil superior sze the whole OF The cap
tured property was to give rewards 70 naval commanders
for extra services. Technically, this was contest be-
tween vessels OF equal size but by an examination OF
the facts II will be found that the capture was made with
out much exertion the part OF ship and the vessel
captured was, in fact inferior in sze inferior in men,,
and also inferior in its ornaments So, in point OF
fact the amount which was received by the cap,ors in
that was the amount to which they were fairly and
all to which they fairly entitled il we disregard
technical rules and look TO the true queson-whether
the vessels not OF equal size. The British
ship captured was inferior in metal throwing, think
something than 100 lbs. less at broadsde 1t was
inferior in men. The American ship contained at that
time nearly double the number OF efficient men, and the
prize was taken easily that there was hardly con-
test. There was not an individual lost by ii; believe
one or two individuals were wounded apprehend that
at the time the capors were perfectly satisfied with the
of which this claim has been permitted 10 slumber
ders at least OF doubtful expedency that the Senate
should pause before passing this bill II satisfied that
the claim has substantial merit, certainly would concur
with the senator from North Carolina Mr.. BADGERl
that the lapse of time is not sufficient bar But in a
of this kind, where it has remained for SO long a
grave consideration of the Senate. ! submit these re-
marks far from feeling disposed TO do injustice to the
gallant officer who has rendered noble service 10 his
country, but | submit them merely from a sense OF
duty
MIR BADGER Mr.. President. | desire to add only
one remark The honorable senator from Maine Mr..
BRADBURYl occupies precisely the position which
was taken by BRUSH writers IN determining the naval
force during the war OF 1872 do not see how is that
the honorable gentleman preends TO know better whether
the vessels OF equal force not than the Secretary
OF the Interior who states that they were OF equal
force, and that they were so reported to that depart
ment When they were ordered 10 condemnation
they reported being equal III force. We are
told that this victory, which reflected glory upon
nothing. because OF our greater number OF
and immense superiority IN weight OF metal, anc
that it not a conesi-a eonflc.-sheddng glory upon
the gaantry of men, because there force op
posed 10 us.
hope The Senate will not add TO the injustice of fur
ther declining TO pay this money the lndigny OF
onng such reproach upon The excellent men concern
ed in the accomplishment Of that gallant deed. The de,
cree OF the that the money should be paid 10 the
captors-not word said about the United States, The
marshal, by mistake | suppose, instead OF paying the
money to the capors paid half OF to the United States
That the The United States got so much money
by the mistake OF the marshal, which, according 10 the
decree, should have been paid 10 the caplors and,
have stated, If IL the case OF an individual the
money could be recovered by action at law but the
United States cannot be sued; have stated also the
reason why j was SO long delayed; have mentioned
that Commodore Warrington applied 10 gentleman oil
Virginia, knowing that II was wrong, IN relation TO
but that gentleman not seeing the record and pTesumng
the marshal had followed decree, he
could not 20 behind the decree But turns cut that the
decree was right and the payment OF The marshal was
wrong.
Mr. BRADBURY 1t is so long since looked at the
papers in this case, that had different impression with
regard 10 the decree The senator may be right but
should like 10 have the decree read
The decree accordingly read.
No amendment being made, the bill was reported 10
the Senate and ordered TO be engrossed for third read
ing.
FRANCES GARDINER.
The Senate then proceeded to the consideration OF the
bill granting pension TO Frances p Gardiner which was
read the second me and considered in committee Of
the whole
The PRESIDENT asked for the reading Of the re.
port.
The report was accordingly read
Mr.. SMITH The bill exactly corresponds 10 one
before the Senate, and which passed the Senate al the
last Congress II 10 the House of Representa-.
lives, and was not acted upon there, for want OF time
suppose. 1t is exactly the OF Major Dade-a bill
which has already passed the Senate at The present SEES
sion Capt Gardiner, native OF this city, fell in what
IS called Dade's massacre in Florida. Major Dade was
the commander oil the regiment, and Capt Gardiner
the second in command The circumstances OF that
sacre too well known TO the Senate TO make il
say Tor me to advert 10 the particulars. Mrs Gardiner
Is native OF my State, and has transmitted her appca.
necessary shall call upon the from Florida who
acquainted with the facts to explain the case. do
MOI know That there will be any objection TO the bill
Nj. MALLOk1. presume there can be no objection
10 Inc passage OF this bill II is precisely similar TO bill
passed during this session in favor oil Mrs Dade the
widow o. MAJOR Dade, who fell at the OF 0kee.
chobee IN the beginning OF the Florida war Mrs Card.
ner was left IN poverty, and think emneny entitled 10
the consideration OF the Senate can ace no reason WIZ
a distinction should be made between the two cases