The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-04-04


place Of trade feel az loss in forming opaion. Its
location certainly In It's syor being situated sboo,
and Louisiana which circumstances has induced many
believe that in the OF time, the island must become
nHereloore the Florida Keys have been the resort OF
smuggles New Providence wIeckeI and Ia iaet OF sci
law or honesty The present establishment, though
small scale. WILL conjecture, wiIh the assistance Of the
island But would suggest the necessity OF early aug
nenaon Of oroe be only for the purpose OF enforcing
the revenue laws. gunboat wond be orce sufficient
10 answer all the purposes required
After that the Secretary on account OF this report.
looking upon the island an important place, sent oui
Captain Patterson, under orders, 10 surveyh lie did
survey H. and made his returns Those returns not
mboded in the documents here. examined them IN The
Navy Departments but they have no connexon with
this case they merely show the surveys and The fact
that the island not quite as iayorably situated as
had been previously supposed. In The mean tme the
Secretary o the Navy on the request OF The President,
had addressed to him communication ASKING an inquiry
into the practical propreiy OF forhying Key West. and
taking possession OF il for the purpose OF erecting gov
eminent Notifications. Nothing OF the kind however,
done Subsequently, IN April, 1923, the Secre-
tary ISSUED orders Commodore Porter, totally discon
neced with these previous movements and merely giving
authority to him to establish naval depot for the pur
pose OF suppressing piracy IN the neighDoring seas
There no right conferred upon HIN 10 take posses
sion OF the whole island, TO establish martial law or
interfere in any way with the rights OF The residents
When the government had previously taken possession,
through Commodore Perry, the propretors were pres
ent-the rights recognised. II was the mere as
sertion of jurisdiction the part OF the United States;
and the attempt is made to include The order given
to Commodore Perry with that given TO Commodore Por-
ter with which il has possible relation when the lat
ter order was simply to establish depot at Key West
with the view OF suppresslng piracy IN the Gull
Now, say taking the return OF Commodore Porter 10
the Secretary OF the Navy, the Secrearys repo oil all
the knowledge the government had, they never knew
they suspected that any such acts as have been
complained OF by these claimants ever took place. ua The
time the petition presented in lb3fnine yeats alter
the had ceased TO have this alleged
OF the island Then the Secretary OF the Navy answered
H. and Congress acted upon and rejected the claim. AT
ter the lapse OF fourteen years Il comes back, aud Is Ia
voaby reported upon in the House OF Representatives,
by entire disregard OF the exstencs OF the former re-
port to the Senate and the whole facts of the Then
the comes back to the Senate after lapse OF egh
teen years, the face OF that report OF the House Of
Representatives, and without reference to the facts set
forth in the report oil eighteen years and you are
asked TO pass bill intrusRg discretionary power TO an
accounting officer TO squander Sl2000o OF the govern
ment money, when there no proof astliyng the com.
mtee to report any specific sam. The claimants have
already received $1,000 from the public treasury. They
have received teher directly through their assignees
either way II amounts 10 the same thing.
The Gays that this does not reflect on the char
acter OF Commodore Porter. You have but to read this
report to that from end OF it to the other the allie
CATION frequently repeated, that serious ourages had
been committed by Commodore Porter. Ii true, they
oulrages doubt it, Ii the facts stated
be true there act that Commodore Porter
med for which he would not have been liable, il an ac
ton had been brought against him. ii an action had
been brought against him. then the question woull have
come up whether the government would reimburse him
not. The question then would have been dependent
upon this If the due performance OF his orders, and
10 accordance with the exgences OF the service, he had
the authority oficer TO do what he did. and was
obliged TO pay damages in consequence OF that act the
government would OF course have reimbursed him but If
il done without necessity would have exercised
discretion that II we thought it was done from
violent obstinate iemper-if thought he abused
the authority contded 10 him, and had trespassed upon
the rights OF these individuals, and deprived them Of their
property and declared martial law without necessity, and
took possession of the whole island. when he only
authorized TO establish navy yard and depotwe should
have refused TO reimburse him, If had been
recovered against him Am be told that this does
involve The honor and character Of tina, distinguished
man Why, every Of his throughout is characterized
as the arbitrary act OF Commodore Porter.
The complaints oil these parties made in The tone OF
men who consider themselves aggreved by outrage after
outrage; and such is their memorial They dared not.
as said before, in his lifetime bring him into court Of
justice, and have the matter decided by jury But now,
when he is in his grave they forward here and ask
the Senate OF the United States TO Judge them pdrie
testimony The distinguished senator from Florida read
IRON testimony taken farie IN order 10 prove these
statements; and there was nothing iron which be could
1t is not for now TO defend Commodore Porter, other
than 10 say that his character stands the annals OF his
country as having performed services OF the highest order
have yet heard his character impeached He may
have been determined man he may have been
Lutte man; he may have been opnionatlve man; bui
for one, am not willing 10 sanction the clam and,
there were other obeclion would make that which
goes upon the ground that, If these facts be true, he
committed deliberate outrage alter Outrage upon the rights
OF American citizens, utterly unnecessary TO the perform
ance OF his duties, the result, simply, OF sefwed and
obstinate temper. Such is not my belief And il such
bad been the FACT do not doubt, for moment. but
that the parties would have sued Commodore Porter and
recovered damages against him, Had they been able 10
establish these facts bad there not been sufficient
for his conduct, they would have brought suit
against him. Without going further into the details OF
this case and asking pardon OF the Senate for the length
OF time which have consumed private claim,
shall leave the cannot vote for the claim and
persist in my motion.
Mr. MALLORY. Dir President, | will reply very
briefly to the remarks OF the honorable senator from Del
aware, tMr, BAYARD j and will first notice what he
says about the nature OF pGrte testimony; and will
AK him frankly, whether any testimony produced here
could be any other than parfe testimony The gov.
eminent not bound TO take testimony and any test
mony which the claimant have al all must necessa.
ry De er Pdrft But that It Is er parte testimony is no
evidence that IL Is not faithful and true testimony must
repeat again, that there is word in this report
which, IN my judgment, authorizes the supposon that
that there any Intention to cast the slightest stain
upon the character OF Commodore Porter had the honor
OF drawing up that report and say that there is not
senator upon this floor who holds the memory OF that
distinguished seaman in higher respect than myself As
preciaed so long will the OF Commodore Porter be
remembered with esteem and veneraon On this occasion
Commodore Porter executing his duty under m artal
lava duty which he could not perform but by The
ment OF martial law and the existence of martial law in
the territory governed by him OF course operated 10 the
exclusion OF the laws OF the Territory OF Florida The
existence OF martial law within the Territory was neces-
upon the soil Can we be told here that Commodore
Porter could establish and maintain navy-yard and de-
pot and permit the laws OF the Territory and the process
OF lis courts 10 exist within their precincts Are we TO