The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-03-06
rHomAs IL. LEeorrr.

SrwARpl Is moi in his seat and as he takes an interest in
this bill will move that il be postponed But see that
he is present
Mr. SEWARD. | am indebted TO the senator from
Iowa should prefer 10 proceed with the bill now but
the senator from Pennsylvania, MIR COOPER who was
aken sick in the midst OF his argument last Friday Is
not now here and will therefore consent that be post
poned
The motion agreed to.
IRA DAY
The next bill was the bill for the relief Of Ira Day, OF
Vermont
Mi. UPHAM | agreed with the senator from New
Hampshire who is necessarily absent. that this should
lie over he appealed 10 me- as ne taxes an Interest Ia
it, 10 consent TO this course and will therefore move
that be postponed that il may up next Friday
The motion was agreed to-
JOHN y. cALLAE.
The Senate then proceeded, as in committee Of the
whole, to the consideration OF the bill for the relief OF
John r. Caan, administrator OF Daniel Renne deceased
Mr.. BAYARD, | disse ned from the views OF the
majority OF the committee which reported that bill and
before II is sanctioned by the vote OF the Senate should
like TO give my Tor that dissent This claim was
before the House OF Representatives thirty odd
years ago, and the claim allowed TO the party for
the destruction q his personal property, but refused as
10 the house The claim Is made Tor the real estate
The senator from Kentucky, Mr. UNDERWOOD, believe
has knowledge oil the circumstances OF the The
claim this In the last war; wherever the British landed
and obtained oothod in this country, their depredaons
very extensive The ordinary usages of civilized
warfare put at defiance by them throughout the
whole country wherever the British so)dery were in
force The claims OF citizens after the peace
made upon the government from all quarters OF the
country; and the principles upon which those claims
allowed or rejected were, after much discussion,
settled by the acts OF Congress of 1916 and the amend
ment OF 1877 and subsequently sanctioned in 1926 and
since repeatedly by the reports OF committees These
principles involved the propety of the demand to this
extent and further; that wherever the destruction
by the enemy contrary the usages OF civilized.
warfare the government could not be held responsible for
the losses sustanedtha being of the exgences the
burden of which must be borne by the citizen himself
In this particular case the claim was based upon this
ground
The parties were the owners OF rope walk in the
city OF Washington, in which parcel OF cordage and
ropes destroyed by the enemy in 1914, the time
they took possession of Washington. A part of the
claim was allowed by the committee, after having made
an adverse report against the whole claim in 1918 A
second committee allowed that portion OF the claim which
applied to personal property upon this ground The pc.
ttoners had provided means Tor removing their personal
property in their building out OF the city OF Washington
before occupation OF taken by the British and the
government impressed this property and took possession
OF those wagons for their purposes, with other
for removal and upon that ground il is contended
that the government ought 10 compensate the parties for
the destruction OF their property. Their non-removal
stated to have been caused by the government and
was also claimed that the property destroyed in ac
cordance with the usages OF civilized warfare The claim
ants pretended at that time, to place their claim
upon any other ground The claim now is for the burn
ing of the rope-wak itself That could not have been
removed and the ground upon which differ from the
majority OF the committee IS this: They say that the
inference that the enemy destroyed the cordage and
the ropes, and variety OF material of that kind, and
burned the building with view 10 its destruction, and
that rests upon the government 10 show that the rope
walk would have been destroyed ii the materials named
in the report, together with the munitions of war, had
not been there In my Judgment according TO the former
report from the committee, there not semblance oil
anything like munitions oil war, anything authorizing
the name be destroyed according 10 the usages OF CIV
District of Columbia They may have had contracts
from the government TO supply the navy with cordage,
but there was no property OF The government there's and
that the ground upon which the claim was for
merly admitted The OF removal were taken away
and therefore, whether II furniture any other
species of property, they would be entitled TO
lion 10 the extent they not able 10 it
count oil mpressment by the government.
We should consider II somewhat upon the ground
whether the articles named were OF character that
would furnish any justification to the enemy 10 destroy
them Ii not justified in their destruction them il
10 me, the rational conclusion that the enemy would
have destroyed the walk whether the codage had
been IN II not III the argument made upon the other
side that II is for the government to show that il
would have been the result do not see that any party
who presents a claim here bound TO show sufficient
ground upon which his claim can be sustained. The
goyefnmentdd not prevent him from the removal OF the
rope-walk buildings They could not have been re.
moved by any means They have paid him for that
property which he could have removed il they had moi
prevented him. cannot conceive, for my part, that
there sufficient grounds to authorize 10
rate the claimant for the loss OF his building think
that the former report Of the committee will be sasiac
tory TO the Senate where they report that the prayer OF
the petitioner ought not TO be granted The report in the
American State Papers, page 442. Under the head OF
Claims is report of thai committee which was com.
muncaed TO the House November 10. 1914, which will
read
!" Mr.. YASEER, from the Committee Of Claims to whom
referred petition OF Daniel Renner and Nathaniel
H. Heath VI the District Of Columbia, made the following
reports
That the petitioners Of ropc.walks In the
city OF Washington. in which contained large
ty OF spun and navy cordnge, all Of which de-
stroycd 10y the IN his late iucurson into this city
On or about the 10Th Of July last one OF the petitioners Mr.
Heath, applied Mr. Switzerland, the OF tome long
boats then lying In the Potomac and engaged Of him five
Of them transport his codage and yarns the river II
The enemy should invade the city On the 18Th o. 18Th OF
August IL deemed expedient by General WindeT TO
impress the boats OF Mr. Sontherund for the purpose Of
Transporting the troops the Potomac, which
kept in the employment OF the until after the
invasion OF the city On the 20h OF August the petitioners
applied for the boats according contract for the purpose
OF removing their property, when they informed that
they Impressed. IL also appears the committee
that on the 22d OF August the petitioners employed wagon
property, but the wagon and two three OF the
impressed by the officers OF the Departments
the public papers and propertyj and that OF
the ployed after taking loads from the rope-wsks
OF the city refused haul any for the
petitioners spprehending, II they did, they would be i'm
pressed into the employment OF the government IL is also
stated and believed that after that day., and before The
entered the city, carriages were not TO be had in
the city the properly The loss Of the petitioners,
exclusive OF the price OF the ropewaks is estimated
about S3l 500 They ask OF Congress to be reimbursed
the amount Of their loss.
"The committee are Of opinion the government is under
obligation pay for the property Tho destruction Of
private by the enemy IN the OF IL
much be regretted and highly deprecated but when
does happen is TO be considered between the
and its citizens as one OF the calames Of war 1t may
be the circumstances OF the boats wagons
and being impressed by the government to perform
services valusb create some equitable conside-
OF the petitioners ltls however, believed
by the committee no, be sufficient to authorize them
allow the claim They therefore, recommend TO the House