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

and referred TO The Secretary Of the Navy He
made report al the next session adverse to the claim.
and IN bat report he states that 10 such communication
mao osen received a. the department The paper the me
oalsls presented, showing that II had been so, was
mere mutation OF some paper--when aud where made.
there vas no evidence at all
These claimants now claim relief from Congress for
onirages-for they were ourages ii true --comI ed by
Commodcre Porter beyond the scope of his authority
they come here long after Commodore Porter in his
grave long after the claim has been adversely reported
upon by committee OF the Senate. and by executive
otcerby the committee Of the Senate 10 whom il was
subsequently referred who made adverse report upon
u at the hrsl session OF The twenysxh Congress- with
precisely the same evidence that is now before the SEN
ate, the only additional testimony being collection
OF The mere opinions OF witnesses the rental value
oi thus property. upon the assumption that was occu
pied by the United States entirety The report Of
the committee Of a former session was read upon for
mer occasion, and it is not necessary have read
All these claims Then examined, and reported
upon BY The committee in their report. There is nothing
further to establish il now than there was then. ,.'
Ihave shown from the very memorial what the char
actsE Ot thess eaims they 10 mot come within
sponsbie The bill assumes in its language what The
nemofalsts claim. that the government occupied the
whole island; while the proof not in existence that
they did occupy the island beyond the fact that they
established storehouses there Now II they desire 10
have pay for anything Of that kind for which they have
not been paid let them bring forward their proof and
am willing 10 vote for it, But am not willing TO vote
for bill which presupposes in its very language, and
assumes upon its face the occupation OF the island
BY the United States, when such is not the fact II i be
said that this party did send communication the Sec
reary Of the Navy alleged my answer is that there is
such paper the files, and further, that il is most
pobabe that il such communication had been made,
the party would have slept the wrongs which he
says inflicted upon him from day to day. and never
notice the fact until years afterwards Ii there ever
such paper prepared with any intention make such
claim, II must be that was never sent or never dey
cred t6
How stands the case then? The government gave an
order TO occupy portion OF this island simply de-
posite for stores The officer TO whom the order was
given reports that he has done 80. Matters 60 on from
1898 to 1928, subsequently to that time No complaint
IS made to the government, claim brought forward
Squabbles ensue between the officers OF the United States
and The Of the island, and then Fifteen TWEEN
y thirty afterwards the parties come forward and
petition the government to redress wrongs which they
is in his gavehs officer being liable to suit for
damages for acting beyond the scope OF his authority, il
these charges true Yet during his whole life they
take pains TO establish tnat fact Now, submit TO the
Senate II Il is not going too far TO say that you will thus
cast 4 .Un upon the memory OF Commodore Porter by
Lowing clam for which in his lifetime these claim
is dared not arraign him in court OF justice! They
come here now with this claim, and ask you 10 reflect
upon The character OF OF the most distinguished 9TH
GERS OF service when be is longer here to defend
HIMSELF when he in his grave leaving nothing but his
memory 10 his country and his children cannot vote
Tor any such bill As said before, if il can be shown
that the land occupied by the orders oil the govern
men not the same with that which was subsequently,
purchased by the government and paid for. then am
willing pay for the rental value OF il during the time
the government occupied il. But, ii such was not
the then am not willing thus 10 cast censure upon
an officer who is now in bis grave, by allowing claim
founded upon testimony as loose AS this
shall therefore be compelled TO renew the motion OF
indefinite posponemont In doing so will say that
regards this any other claim am certain It'll more
agreeable 70 any mans feelings 10 advocate than to op
pose claim II certainly is TO mine. But, standing
here as member OF this body. ! can know no private
feelings whatever, but shall endeavor to review every
claim before the Senate merely claim between and
b. and decide upon judleaiy to the best OF my knowl-
edge and ability, without favor or prejudice.
MIR. BADGER. do not propose 10 enter iDio the dis
cusson OF this case at large but wish to make one or
observations which have been suggested 10 my mind
by what has been said by the honorable senator from
Delaware, Mr., BAYARD.1 do not understand the pow
by which Commodore Porter took possession OF this
island TO have been exactly Of that kind which, in
the construction he has placed upon hem he suPposes
them 10 have been. Commodore Porter directed 10
establish naval station and depot upon the island OF
Key West, small island containing some few hundred
Mr.. BAYARD II is said to contain seven hundred
Mr.. BADGER. Well. sir, Ia, that be as il may, when
we consider the state OF things al Key West, that il
not thcky settled inhabited country, and when
remember the purposes which the government had in
view in establishing this naval depot and station upon
the island OF Key West think must be admitted that
the officer bad not only authority to take possession OF
much OF the land on the island as might merely be neces
sary TO place his naval station and depot upon, but his
orders fairly included what was necessary 10 make
the station and depot eectual for the purposes OF the
government And is very easy to conceive that ii
might be highly important 10 the objects which the
government had in view IN making that establish
ment 10 prevent the OF the residue OF the
island, being in itself calculated 10 Interfere with
the whole objects OF the government in making the
establishment; and therefore, II Commodore Porter,
acting under the impression that his duty the govern
men required him 10 do what he is said 10 have done in
regard 10 the occupation OF the residue OF the island,
think he acting fairly and under Just exposition OF
the order which he received, and consequently that il
by means implies any reproach uron his memory that
this bill is brought forward to obtain compensation from
the government for losses sustained by individuals
consequence Of the acts which he felt himself thus
bound TO perform Now, with regard TO some things, 1t
is manifest ba, il would not have done for the Commo-
dore have permitted that island 10 be occupied Ger
tain classes OF occupants upon il would have been OF
most injurious character. To have the neighborhood oil
his station and depot occupied by engaged IN GER
tain transactions would have tended demoraze bis
naval forces, and put them beyond his efecua control
and direction, and prevent him from accomplishing the
very object which the government had in view. Now,
do not TO say whether. IN point of fact what CON-
modore Porter did necessary or proper 10 accom-
plish these ends and objects That is different ques.
lion But what mean say is thisi that the order 10
him establish naval station and depot there
Tly implied the adoption OF such measures as would
designed by the government and consequently what he
did though resulting in losses TO an individual, might
not imply necessarily any imputaton upon his memory
as having arbitrarily, and wrifully and knowingly ex
cceded orders doing which necessary for the
purposes which he charged TO accomplish. That is
the first thing wish TO state.
The next is ths II understand the honorable senator
from Delaware MIR BAYARD correctly, he conceves that
in case OF claim upon the governmental claim sr,ci
jurisf there tribunal capable OF enforcing u
against the government, and was not an appeal TO his
mere oencen such IT is not the usage or the