The daily union., 1852-02-15

OS MS IT, BAYARD said: MIR President. feel ny self com
osIed 10 oppose This bill object 10 il OF lis
rn and also the ground that the claim itself is utter
10 worthless and forms just demand against the Uni
IA States shall endeayor to show satisfactory reasons
or my opposition 10 this bill | object TO the form of
his hI on this ground Congress has uniformly ad.
heed 10 the determination not to establish board or
couf OF claims any tribunal Tor the purpose OF decd
inp upou claims made against the United States Yet
hIs bin Is intended 10 effect in particular case what
YOU have refused TO pass as general law see no
reason which shows this be necessary in this
case II is Of contingent damages damages ex-
ceedngy indefinite IN the grounds on which they
claimed And II II be true that you unwilling 10 in
trust tribunal established for the purpose where the
power Of the examination OF witnesses, both the part
OF the United States and on tue part OF the claimant would
eys and where the power OF examination would
exisi you unwilling 10 constitute such tribunal
and such has been hitherto the determination OF Con-
gress what principle is it that you sanction bill
which refers to the accounting officers OF the Treasury
Department, the settlement OF claim for contingent dam
ages onnded nn, uGn yeIy ndsns statement Of the
seems to me that This is entirely Inconsistent with the
legislation Of Congress on The general subject.
The bill proposes to refer 10 the accounting officers
under the opinion Of the Attorney General the settlement
Of the claim OF Simonlon and others, principles OF
justice and equity If there is rule prescribed in the
bill by which the Judgment OF these officers is 10 be gov
eIned ii becomes question OF arbitrary discretion
their part as to what amount OF damages they will allow
This is objection, and think sufficient objection, to
ciples that know of which be applied govern
control the accounting officers in the amount Of the allow
aDCe they snail make under this Dill.
But the bill goes further Ii does profess to point
rule for the ascertanment OF damages, which is, in
branch OF it, correct The bill says that, in the settle
men, Of this claim upon the principles OF justice and
equity "they shall ascertn as nearly practicable, tue
benefits and advantages which accrued to the United
States from The occupancy OF il, and also the injury
which resulted 10 the owners Of il and to pay the same
of any money in lhe treasury not otherwise appopri
aed" Is that sound principle for the assessment OF
damages, taken altogether | would ask the Senate,
was such a mode OF the assessment of damages ever
hetoI nj hat The
counting officers are 10 ascertain the amount OF dam
ages these parties upon the principle of the advan-
tage 10 the United States IRON the occupation OF the
sianIi
No such principle has obtained in reference to the
United States, nor could in justice obtain. The benefit
ants II the United States take the property of citizen
purpose whatever, though that purpose may prove
aiess, and though It may be wasteiul and exlraya
CANT expenditure on their part, they are bound to compen
ale him to the extent OF his loss. But what principle
st that because It may become important TO the United
Mates TO take possession OF private property the United
Nes are to make compensation according TO the benefit
which they received well according the injury Of
the party The value of the property, the real damage
the party, should be the sole measure of the innIy IN
every case Take a common Illustration of this: In
almost all the States there internal improvements
laoals which made by railroad laws for the ncor
poratng OF individuals in order 10 enable them make
railroads. and giving generally power, where the parties
incompetent from minority any other cause,
unwilling TO agree as to the sale OF their land, that the
damages may be assessed by jury But do those laws
contain clause which authorizes jury ascertain the
advantage which will flow to the company from the oc-
cupaoh OF The land, as well as the damages which the
party viii sustain Did any man ever hear of such
pfopOsuon Tins that the Importance oil land TO the
company which make the road to be taken into
be account IN ascerianng The damages Yet this is the
principle upon which this bill goes. Ii IT is recognised
correct principle wherever there is on the line OF a
railroad some portion OF land absolutely necessary in
order TO lay out the road the individual holding will
only have TO say that il is absolutely essential the
they cannot get along without it, and therefore the
measure OF my damages must be the benefit 10 the
pany.
submit that ii is no true measure of damages recognl-
liable on any pTlnclpe either IN the of individual
or In the case OF the government The BILL therefore,
point OF form, my judgment, enacls an unsound rule
or ascerianIng the damage sustained by the party and
mat, being unsound IN principle, il ought not TO be
aned IN NE bill Secondly am opposed 10 the bill
he ground that II gives discretionary power 10 ascer
tam damages under, have said, false rules but
whether with or without the rule that discretionary
power ought not 10 be given. Ii we ac TO compensate
these parties Tor the injuries they have sustained lei Con-
gess do IL but long Congress refuse to establish
tribunal BY which claims against the United States
MFopeTy audicated and settled, upon recognised
and known principles, there can be for making
hese The exceptional TO the action OF Congress
reference 10 general principle. On either ground am
opposed TO this bill its present form and, unless il is
pot into different shape, ] shall oppose on these
grounds but, waving these objections, will pro-
ed 10 State my objections 10 the claim Tor relief on which
he bull IS founded.
lhaye had my attention called 10 the bill in conse-
uente o. the mode in which the damages directed
yhn Dc estimated, and have taken The trouble TO read
e all the papers which printed with the report of
committee IN the previous report OF The committee OF
House oil Representatives. The conclusion that my
qsaen has come 10 from this examination that this
speculative claim from the beginning TO the end;
nai The parties who have prepared --and they have
paied ~eil-have done II on speculation upon the
Nenment, and that there is Just claim against the
meo states loI single dollar. 1t appears that IN 1921
elmoh,on, who reeded in Havana, knowing pre-
n. ua ne knew IT. for the papers are very indefinite
~ % II .ounau0n on many points--ihat he could prob
,bo eVoan an old Spanish grant in the hands OF man
e'e nan'e OF ohas, on the 7t1 OF December oil that
I'll ~, aaalessed communication TO the government
~ hot 70 the Navy Department does not appear
p'B ,ue auehllOn 10 the Importance OF Key West,
w. ~ uesoiae and uninhabed island naval station.
~ wv hol uo thls as The owner; not claimant not
aps'sph haFIng any individual interest, but with a
@ " " ne peneht o the country and within thirty days
-, W % ila. sent hls notice 10 the government, which
immediately acted upon by surveying it, he purcbas
~ ~ ihls was at the time when there a great
[hS Is Ilaes IN The nclghborhood of the West Indies
m Egeu, upon our commerce. Within thirty days
0oa = uau zone this he purchased from Salas, Tor
=, bo us spanish grant The papers in the case show
nno le Wasa contest in reference TO titles between the
u'"oi Nudhey) OF South Carolina and Mr.. Simonton.
J ~ " these titles had been acknowledged un-
rolNio ueay oil tlofida-none OF them had been
ncJt aIeu; there was law till 1892 10 authorize
49, Uluulcalon upon them. As 10 possessioD the evil
@I - exceedingly imperfect The United States in
, Hau survey made of the island under Commodore
I ana leit there guard, with view 10 the proiec-
~ ~, M ne island, which then, and had been hhcr-
fao TO that officer, resort for smugglers and
S" S"e " and utterly unsafe a residence. Being found
aumifabe ior the purposes indicated in this commu-
np ,'be government subsequently,, in 1923, directed
tole Porter to establish naval depot and bar
mee, when he was put in command OF the squad
nast , purpose oil suPpressDg piracy in these seas