The daily union., 1852-02-15

TLolnson's island usually called Key West and land
Thn s ana sa eommapder assnmed ene eonro and
jurisdiction of said island tociby appIopnaung wood
settling and using for his officers and men, hogs and sheep
running large the property the memorslists prohibit
Ing aud their agents from building mplov-
Ing without his permission; and enforced military law
upon the said island OF which grievances they state that
dated the LIST OF February. 1925
In support Of hss9 segsons M the IN emoas'i al offer , the
Commodore Porter 70 Lieutenant James M Mcintosh,
dsai M =. Mix 70 said Wi,shssd; eertihed copies Of
letters from T.. q Greene Co to Commodore Porter,
cate Lieutenant James M Mcintosh, with copy Of Com
modore Porers letter 10 him above referred to- and an I'M
perfect copy of the communication OF l February 1879
which all hereto annexed etered from to g nca-
| sive,
carefully examined, but afford information eyl.
dence OF the seizures and damages which the ,eorals.s
be found been received from them the subject
dated 1., the is Of February 1895 .. 100, u.
report of tbs Secretary OF the Navy OF the 29h OF Decembe
Perry Commodore Paterson and Commodore Porter and
the reports by these officers TO which the memoraists al
lude appended hereto, and numbered to 8 Inclusive
MAHLoN DICKERsoN
! Mr.. BAYARD The Senate will observe that the case
fully examined by the Secretary Of the Navy at that
lime and that the communication containing complaints
against Commodore Porers conduct which 1t IS alleged
that these parties made in February 1925, was never
made The Secretary states that after examination OF
the records, he could find evidence OF the seizures
and damages OF which the menoriallsts complain lie
could not find the communication containing complaints
against Commodore Porter, said to have been made IN
1925 but mulilaed copy OF the alleged communication
gress after full examination of all the facts and crcum-
stances connected with the claim.
AT the first session of the Twenty fourth Congress
nothing was done in regard 10 this claim. Nothing was
done the second session of that Congress AT the
ond session of the Twenty fifth Congress the committee
was discharged from the consideration OF the subject
At the first session Of the Twenty sixth Congress the
,ttnnru IA
petitioner, alter investigating all the acs Alter the re-
port made, leave was granted TO withdraw the papers
Of the party and they now bring forward the same CLAIM
and, far Judge precisely on the same papers,
without any additional testimony whaever at any rate,
additional testimony seems to have been taken SINCE
that time That report made to the Senate on the
23d of January, 1910 II is report No. 100 OF the first
session of the 26th Congress;
"Mr Tappan submitted the following report
"Thc Committee on Naval Affairs, towhich was referred
the memorial OF John Whitehead, for himself and others,
with the accompanying documents, report:
list. That the mcmoriast AYERS that in December,
ISL he and his associates became the Propreors oil the
island OF Key West by purchase OF spanish grant OF the
possession OF the island and held II up TO The time oil ming
the memorial
"2d That the memoralst represented to the govern
men OF the United States the advantages of hey West as
naval slaon and invited its for that purpose that,
or July 1873 taken possession by Lieutenant Perry
ing under orders from the Secretary Of the Navy that such
occupation of the whole of the island continued until
some time in 1877 and Of part of il until the year iSSl
Sd Tho memoriaists complain that the naval officers
lots and built their store houses wihou, any regard
the island IN he name Of tho United States, and did not
permit the memoraiiss to do in all ihngs they pleased
4h Thatihree hundred cords OF cut and piled wood
taken and used by the officers Of the navy and an
unknown quantity Of wood was cut and used by them,
and sheep, which at large on the island, which he
was compelled wholly to abandon.
6Ih That the very large profits which might have ac-
crued them from the of the place Were lost by
the transformation OF the port OF entry into military tn
The items Of claim up by the memorialists as
"Ist For the iorcibo occupation aud use Of Key West
FOR period Of three and one. half years
I'D For damages in consequence OF their inability 10
induce the employment OF capital there in salt.makins
3D. For depreciation Of the value Of Key West to its
18th. For three hundred cords Of wood forcby taken
18th For 1--WE hundred cords Of wood iorobIy cut and
!" 9th For three hundred sheep.
Florida was eeded to tie United States in 1910, and
possession taken of the territory the 10th OF July
Island Key West in December 1923 The principal pant
Of the claim OF tho memoraist is bottomed upon the by.
take possession Of the island without waiting TO have his
claim admitted and recognised by the government of the
officers OF the government with hi, possession ile.
gal 10 both these positions the committee Of opinion
the Spanish government of lands in Florida before the
treaty OF cesson unless the grantees were in actual pos
States, acknowledged valid until they had
been recognised by the appropriate tribunal and did not
give any legal right TO such gantes to place himself In pos
session
The memoriais produces no evidence oil ute 10 the
island Ia question but tho committee have taken for
granted that his claim as he states IT, one not yet patent
cd and therefore dchnitiyey acknowledged by the
United States: and with this view H. they Of opinion
that the first three items in the specification OF his claim
Icannot be allowed
i IL The law did allow claimants under Spanish grants
standing in the situation OF the memorias TO take posses
sion and survey for hesev the territory granted and
so memorias had right to take and hold exclusive
possession island in 1923, IL is admitted by the
noaIist that 1t made naval station and used by the
naval department such, the pressing Instance and
que memoriais, and that the memorials, has been
paid price for such grounds occupied for
public does appear that the officers in
occu pancy the residue OF the island by the me-
moraist aud his associates, prevented them from using
the OF the island In the manufacture
salt There is therefore, equitable claim against the
government for those specifications.
the claim for the of tho memoralsts sheep,
hogs the evidence adduced is extremely loose
Indefinite and contradictory but II Is unnecessary for Con-
slatc this OF the claim Tor II the
application proof of the facts the proper depart
men the existing laws authorize payment TO be made for
Il them
"Your committee therefore, report tho following rosou-
Rs.oiv,d That tho prayer Of the memorias is unrea-
sonabic. and cannot be granted"
i Unreasonable indeed the claim then, and il is not
less unreasonable now.
| Mr.. FISH. When that report made
II MIR. BhfARD. In 1910, when all the iacts which
appear in the papers brought before the SEN
ate and in existence and IN the knowledge oil the
parties presume therefore, that they brought be-
lore the committee but if they were withheld il the
| fault of the claimants.
AS said before, there IS ground OF claim for any
damages arising out of any legal order. The wood which
was taken has been paid for The land which oc-