The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-04-04
the Navy On the 10th Of December he made the fol.

",
directions contained in The resolutions OF the Senate the
United States OF the 10Th June last referring lhe memoral
aad documents OF John Whitehead and Others owners OF
Key West for examination into the facts therein stated
collect the evidences and sport the together
with copies OF such letters and papers la this department
relate thereto the Senate lis session. the
honor TO make the following reports
THE parties interested IN this state, that la
guence OF a communication made by them on the I7ll
December 1921, representing the peculiar importance Of
pirates and suppress the slave trade. Lieutenant Perry
ordered, the 7th February, 1922, examine said
h island and Us ha6oIs, &e and i deemed Necessary BY
and that on the 18th March following he made report Of
his proceedings
Patterson, the 10th November 1922, who reported the
result OF his examination the llt March and 10Th Jny
THAT Commodore Porter the lst OF February, 1923.
received his general instructions comnandant Of the
West India station, aud directed TO establish depot
at Thompsons island, usually called hey West, and land
and marines to protect the stores and
That the said ander assumed entire control and
jurisdiction of said island orcbly appfopnating wood
already ea and causing more TO be cut down ana used
running at large, the property OF The emoaists prohb
proving without his permssoni aud euioIced military law
upon the island of which grievances they state that they
informed the Navy Department by communication dated
" In support Of these allegations the memoriass offer
from Commodore Porter to Lieuenan, James NJ McIn,os
sworn to by John Whiehead a letter Of Master Com
sw" letters from p g. Gseens co.. 10 Commodore Porter
and the original Of Commodore Porters repy certificate
d M.
dore Porter letter hun above referred and n,per
feet copy OF the communication of Isl February, 1925
which are all hereto annexed, le'ieed from to q IN
The records and files Of the Navy Department been
carefully examined but afford information evidence
OF the seizures and damages which tho memoralisls
plain that they sas,aned nor can any communication be
found have been received om them on the subject dated
the LIST of February, 1925.
"The communication Of the 7th Of December 1921 the
report Secretary of the Navy, OF the 29h OF Decem
ber 1922 10 President; and Inc instructions Lieu
tenant Perry, Commodore Patterson. and Commodore Por
riasts alude, appended hereto and mbered from
to 8, inclusive. All which is respectfully sabmi.ied
The answer, then, OF the government is through the
officer who gave the instructions, that no complaint OF
that kind was made 10 Them. No such communication
was received in December, 1926, alleged. They
in 1884, After that and based upon that there was an
investigation by committee OF the Senate, and adj
report, which adopted The parties afterwards
bad leave to withdraw their papers and they presented
them in the House OF Representatives in 1S47-he lead
ing name being then Simonton instead of Whitehead
favorable report then made. They then come back
to the Senate in 1885, and based on that report which is
attached to the report of the senator from Florida they
get another favorable report directly contrary to what
eighteen years ago. the Secretary of the Navy stated in
his report, and what the Senate, years following de-
cided not to grant Then submit, 10 The Senate that /
am right when say that there acquiescence
the part OF the government because the government had
shown, nor can they show, that they made any COM
plant 10 the government II they were aggrieved what
would have been the simple course which they would
have pursued! Why they would have pursued The same
course that the Harmonys dd in relation To The
which before the other day for the relief of Lieu
tenant Colonel Mitchell This claim was rejected by the
government a claim against them in 1884. Commo
dore Porter then alive why did not the parties sue
him and recover damages, and drive him to the
government in order 10 show that the exercise OF his
authority he had been obliged TO tespass on the rights
of individuals, and that the performance of his regu-
lar duies he did il for the benefit of the country. The
parties could have established Them by legal adjudication
against him. on far hearing the extent of the damage
suffered. Did they pursue that No. SIR but they
here long after The death of Commodore Por
ter when the claim rejected eighteen years ago,
full and lair hearing with the evidence which is
before and ask us. not to decide the csimbe-
the committee themselves admit that there is not
sufficient evidence 10 do i,-but 10 consgn the settlement
OF unliquldated damages TO an accounting officer 10 allow
whatever the parties may claim Is this equity! Is this
justice Is this course Of procedure which the Senate
of the United States ought to take when claim comes
before III
can hardly conceive more baseless claim than the
one before the Senate consider that there is moi
particle of evidence TO sustain H. III chose 10 90 on
with this matter, and go through all the facts satls
fed that could convince the Senate that what said on
former occasion true that the claim is speculative
and fraudulent in lis character against the government
from lis first origin TO the present hour Smonton was
not the owner OF this island the 9TH OF December
1921; but that day he wrote letter from Havana TO
the government OF the United States informing them Of
the advantages of this island, then uDnhabied place.
and which was. according 10 the report Of Commodore
Perry, the resort OF smuggers and pirates lie
letter calling the attention OF the government this
island and the propety and necessity OF occupying il
naval station. That his own suggestion when
he not the OF the island, made on the 18th of
December 1871 His communication OF that date will be
found pages IL and 10 OF the documents accompany
ing the House report made in Sis On the 9th OF De-
cember, OF the same year, before the government had
time TO act upon his suggestion he became the purchaser
from Salas OF the island. He bought it from him for
some Two thousand dollars. The government have since
paid for land the island fourteen thou sand and odd
dollars; and they have paid for wood cut for the navy
A,rs f.ax fGnw ~
dred and odd dollars yet now, he and The other claim,
ants come here and ask, on this loose evidence that we
shall give them amount OF 100000 or Sl2J,O0O, or
whatever sum the accounting officer may choose 10
allow, the mere testimony OF the individuals them.
selves, based the ground OF the occupation OF The
whole island, which not authorized and in point OF
fact, took place ask II il is case entitled 10 the
favorable consideration OF the Senate
submit, then, that the very premises upon which the
disng ushed senator from Florida rests that this bill
should pass, fall; that he has not shown the arquies
that he proposed 10 show OF the government OF
the United States IN these acts. Now, there is wide
distinction between what be seeks minge up here as
showing taking OF possession by the government, and
that the acts OF Commodore Porter complained OF
10 the government OF the United States You to I'M
dersiand that this desoate island that il was in
habted by nobody-the resort OF pirates and smugglers
IN consequence OF the suggestion OF Simonon Havana
the Secretary OF the Navy directed Commodore Perry,
then master. commander the 18th OF February, 1922,
to 20 TO this island. and copyo the letter Of Smonon
was enclosed TO him
The orders to Commodore Perry were
"NAvY DEPARTMENT, February 7, 1922
"SIR enclose you the copy Of description Of Key
West small island the edge OF the Florida stream
seventy five miles north by weston Havana, about mid