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

be granted or not Congress has always preserved in
! its own hands the power Of determining uaon such
claims but its practice shows that while ii retains the
power IN general. and has constantly refused 10 esab-
hsh tribunal with general powers the subject,
yet has been in the habit OF referring particular
from tme to time. il thought necessary, TO the
executive departments OF The government One case
occurs TO now-tlie OF claim strictly ap
plicable to this materthe claim OF the late Colo
mel Richard Johnson against the government for the
value OF school houses upon Indian land, which he
presented upon the ground that the government was
bound to pay for them He made his application to Con
gress, and il referred 10 committee. Congress
fused 10 pass upon adjudicale the claim ITSELF but
passed an appropriation for the purpose of paying such
amount should be ascertaned by certain executive
officers to be due TO HIM and II was subsequently, ssce
tanned and paid will not enter further into this matter
Mr.. MALLORY. concur in much that has been said
by the honorable senator from Delaware, Mr. BAyARD
and particularly in his closing remarks as to the feelings
upon private claims And acquesce entirely in the
sumption that every honorable senator feels gra
cation when he can conscieatiousy vote in favor OF
private claim than when voting against II. III required
any Illustration Of this. would appeal 10 the general
course OF the honorable senator himself while discussing
private claims upon this floor happy that this dis
cusson has arsen and that falls to the lot OF the hon.
orable senator from Delaware Mr. BAyARDl 10 probe
this claim 10 lis foundation because am unwilling 10
stand here, as new member Of this body to advocate
any private claim that is not founded upon strict equity,
and with which equity have not made myself somewhat
familiar And say here that, knowing this claim hav-
ing been familiar with il for years. am happy to have It
in my power 10 advocate it,
agree with the amendments OF the senator from New
York lMr SEwARD because in the MAN, all desire is
that the government should extend to this memorlas an
examination OF his claim and if anything is found to be
DUE to pay H. As for the familiar doctrine that the gov
ernment not responsible for the unauthorized and lille.
gal acts of its officers, we all concede at once that II
CON- Porter in the execution OF his ORDERS committed
any acts beyond his authority then the appeal must be
made TO the Commodore himself But the extent OF this
authority must be judgedcfrom what' First, the ac
in eta pfC pnrtpr and
the direct orders emanating from the government itself
This authority is not 10 be Judged OF alone by the direct
orders gyen but also from the acquescence OF the gov
eminent for series OF years in the acts OF their agents.
| hold that that is sound doctrine.
Now il do not show that this island was occupied by
the government of the United Staes-occuped directly
under their orders for series OF yearstha that occu
patton instrumental in obtaining for the government
very important end-the attainment OF great national ad
vanage-then trust this bill will not pass But il shall
succeed n convincing the Senate that the island was occu
pied private property taken by the government for
government purposes, and that injury resulted 10 the
owner by It's occupation presume there s not senator
who will not say that something should be paid for II
and that something is 10 be ascedained by whom! The
honorable senator from Delaware seems to think that
because the country has failed to provide board of
commissioners to act upon claims he should vote for
claim that Is put in this shape however just may be
me duty OF the country Is 10 provide board agree
with him in that But such board not having been
provided and in all probability 10 be provided for,
IN the face of the TACT that fifty millions OF dollars
aaudcatrd claims are now pending before Congress and
Inc departments, which board oil claims would
TO upon once, why should subject the parties
who have suffered this hardship for twenty years any
thing than the ordinary proolsuch proof would
make out prin1 faeie before any court in the
country In relation this claim il very truly
that this is not the fret time il has been before Congress
will call your attention to the fact that in lS47 this case
most thoroughly investigated in the House of Repre-
senia,ives, and that the Committee Naval Affairs,
through it chairman, the Hon. Thomas Butler King, male
report in favor OF IT. The language OF the report is
this:
G,I n.
submitted by the mcmorasts the committee of opinion
that their Statements and complaints well founded
ants OF the island cogniz OF the facts, fny
sustains the allegations of the petitioners"
The repor, goes to show that
"The had right take the property Of the
petitioners Tor pnblic without making for them sua-
BILE compensation"
And it continues
"The committee are therefore Of opinion that the only
question for decision Is in relation 10 the amount TO be paid
the petitioners FOR their property thus taken Tor the public
use"
The value and importance of the island are stated at
length, and the report concludes thus
That the patton OF this island by the government
In the manner described aud proved resulted In serious
losses both immediate and prospective the owners.
not for be doubted by any after careful
sustained by them have already been referred in This
report and OF such character TO call for mmedi-
ate redress 5w..
In ls4s the Naval Committee in the House of Repre-
senaves made apother report in favor OF IT, and reported
bill which INTRODUCED here in its original terms.
This claim has been twice fayorably reported upon and
the object OF this bill is to let il 20 before the
counting officers OF the treasury, and 10 allow the clam
ants TO receive whatever may be found TO be equtahy
due. And unless suppose that accounting OIL
GERS recreant TO their duy-and such asupposion
upon the part OF any who has bad any transactions
with them is untcnable-there is no reason why we
should send il there That is the ordinary mode Of
ascerainng the amount OF claim, and has been legls
lated upon for years
will now advert to the authority through which this
island taken possession OF, and will call your aten
ton the fact that, when the question was hrst started,
il al the instgation OF the mercantile marine OF
country From one end OF it to the other there a
voice aised appealing TO the for protection in
the Gulf OF Mexico against piracy. II was very uncom
mon for month 10 pass without serious piracy being
committed between New Orleans and the Bahama banks; ;
aud the government looked around 10 ascertain where
they could best absh a naval depot O0 The 7h OF
February, 1884, the following order was ssued TO Lieu
ienan, Commandant NJ, G. Perry, OF the United States
schooner Shark, New York;
"SIR enclose you the copy Of exact descr pton
Of Key West small island the edge OF the Florida
stream, seventy yfve miles north by west from Havana
abou way between the Dry Tougss and Cape Florida
and wish you proceed in the nearest route from New
York that place. for the purpose oil making an erauna
the island its barbors its extent and the dangers of
navigation, and report to Inc early as paccable every
Information you shall acquire, with view to further
for its oocupaton and for the establishment oil port
rende zvous and Tor commerce, should the descfpuo
be verified by you In this frst visit TO the island, will
be to take actual surveys but merely report
department the real situation OF the island as above
mentioned.
Should you find the island situated Is described
and shall In your judgment be necessary author
States and, II you think proper. leave mdshipmsn
other suitable officer. with TO retain possession