The daily union., 1852-02-15

yiduas for any alleged acts OF injury inflicted by the
| buary orders OF Commore Porter
For my own part, give but little cTedence 10 the
Par1 testimony now brought forward aud promulgated,
when Commodore Porter Is not here 10 answer II, and
when is not coroboraed by the reports he made 10 The
government in the course of his official duties
mander OF the post Therefore cannot sanction such a
clam by my judgment and my yoie Fol tlese reasons
am opposed TO the claim altogether think II appears
on examination OF the papers, that this is speculative
claim. The parties, having interest IN the island at
ALI invied The attention Of the government TO II at Time
when they We're probably negotiating Tor lis purchase
They asked the government TO establish naval station
there that the island might grow into importance
They then purchased old Spanish claim for 81 900
The government. after the recommendation was made by
them sent an officer Their aud established depot mus
these parties derived advantages from that They were
enabled TO settle the island. which had before been re-
sort Tor smuggers and pirates This they could not have
done without the establishment OF the depot by the gov
ernment Having received all these advantages from the
government they Immediately began TO quarrel with the
officers to all their acts. But now concedng that
some Of these acts were arbitrary we do not know the
exKsncies OF the case We cannot Judge Of the neces
sity of the Case because the officers not here 10 ex
PLAIN, and nc who had the chief command has passed
away from earth
submit then. that under these circumstances there is
ground oil claim at all upon the government and that
the parties have really received from the government
$l7 900 for what cost them but So 900. This is claim
for contingent damages, not legal damagesno damages
growing out Of any recognised principle of liability If
the facts which they aege be true-and they are sus
tanned only by some er partc testmony--the parties
|
Commodore Porter in his lifetime in order 10 determine TO
what extent his authority went Then there would have
been decision TO how lar the powers OF military
naval officer of the United States, under such crCum
stances extended
Mr.. MALLORY. have always been accustomed to
hear that any private clam upon government however
Justly founded, might well be handed over to ones
heirs, executors and administrators, and that to appeal
Congress for indemnity about the last resort which
wise man would ever take. am somewhat confirmed
in this idea by the opposition to this bill and am very
happy have the opportunity to record my vote in its
favor, and to answer the arguments which have been
here brought against it; and first know that the hon
orable senator who opposes this BILL when he finds that
he has totally misapprehended and totally misunderstood
the facts in this case, will be the first TO say So
| will where the honorable senator term-
mated and that is the assertion that this is speculation
speculative claim Is this idea based on the piesump-
on that an individual has no right to compete with gov
eminent has no right TO make purchase with view
Of seculatng on il by selling the government will
not discuss that proposition for moment for do not
suppose that the honorable senator denies the right
the property being enhanced by the wants of the
government. But the fact is, that before the call
was made by merchants to suppress piracy IN the
Gulf of Mexico, this purchase was under negotiation II
was undertaken upon private account-by gentleman
who sold out 10 three Others making four poprielors-
before any suggestion OF lis occupancy by the United
States heard Of and instead OF giving Two thou
sand dollars for this property, has cost, as have un-
derstood, at least fifty thousand dollars Instead OF its
being hundred acres, It is four miles and halt IN
length by little than one mile in width. 1t appears
that 1921 and 1922 the government became impressed
by the memorials of merchants and shpmasiers, with
the necessity of suppressing piracy in the Gulf Of Mex
leo and on the coast of Cuba, and that depot for this
purpose, the contemplated scene oil action, wa
absolutely necessary tso happened that there was ne
other point in that vicinity that would answer for
place of rendezvous; and the necessities oil goverumen
compelled them TO adopt this position. AT that time
private nv property, ~ was n. valid M . Spanish san
tors from ms, 10 last, as have understood, hy thousand
dollars.
Now, sir, what orders did government give to Commo
dore Porter gead deal SAID here about seeking in
demmly for injury TO private property from the officer
themselves. The orders were to proceed to The island
Key West and establish naval depot How could TIM
be done but by the exclusion oil those who already
pied it That island then inhabited, and, far irou
being inhabited by smnggers and pirates, was lnhab
tied by citizens OF the United Statesmen oi wealth ant
properly, who had settled there, knowing 10 be
the most salient commercial points in the country, know
ing that il must become depot for the West India trade
Large commission houses established and exten
sve warehouses were being built for carrying on busl
ness generally. Commodore Porter found the island in
habiled, and he took possession OF II. And now arr
Told, it, while he exercised the right of possession injury
done 10 private property they must look TO him io
indemni6cation Who did the orders proceed from
From the sovereign power OF the United States 10 occupy
MIR. BAYARD Will The senator be kind enough lt
point me TO that order' We al variance IN point o.
fact. think there is no order to occupy the whole
MIR. MALLORY The orders were 10 establish depo
and rendezvous Who heard OF depot and rendez
vous in harbor-ol depot and rendezvous without h'
occupation OF the land Can such thing be thought
for amoment2 No. sir il was absolutely necessary tha
he should occupy this island He erected there his hos
ptal and barracks his prisons and his repairing and re
fitting yards; drove the Inhabitants from the occupation
OF their own soil prohibited them from selling Their owr
property only confirmed such grants he chose; and
exercised all the rights of eminent domain And all this
under the authority OF government And he did this
sir, for a period oil than three years! Does no
such occupation, exercised and maintained IN defiance o.
private rights, a Just claim TO indemnlacaion!
presume there can be no doubt upon that subject
But the idea Is set up here that The island derived
benefit from such occupaon and that must be plead as
an Offset against the injuries done 10 private property
contrary 10 The wishes OF the owner
II The report OF the Committee on Naval Affairs, which
has been unanimous expressy sets forth all these evil
dences OF occupancy, and all the injuries, or most o
them done 10 private property. Yet there IS no idea
set up that the island enhanced IN value IN the
slightest degree by this occupation; on the contrary
being somewhat familiar with that part OF The country
myself am Tree TO confess that IN my Judgment the IN
Jury greater than the United States will ever pay o
by the occupancy. know that the settlement oi the
island retarded, and that its citizens were subjected
TO military law. Commodore Porter established naval
depot and rendezvous the sick on board the fleet were
carried ashore and they had the yellow lever among
them, and introduced 1t among the citizens, they gave
10 it, There is doubt that this and all the other emu
Ineraed acts OF ownership, exercised against the
wishes OF the bona fde owners and they have valid
claim for Naturalization
But told that the claim has been pad-par or
the whole undertake say that not the first dollar o
the first cent has been paid towards IT. II IS true thai
the United States have subsequently purchased site io
custom house But that was not taken into consider
alton They wanted site for custom house, and the
propreiors LET them have il for about hall what could
have been procured for il at private sale Lots by ihs
side of IL have recently been sold for very much higher