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

FRIDAY. APRIL .. 1852.



SENATE .r..s
The Senate proceeded 70 the consideration. as in cons
Sinonton. 3A@
Mr BAYARD. When this bill was last up, ! opposed
New nv attention 10 il In the first inssnce and snbse-
Sueny led me TO examine and oppose the claim So iss
~ ms objection 10 the bill goes OH account OF lis slruc
ias has ,as Dss' rom New " y"I qr Sr p.oposso
adopted By the Senate. except upon point and that 10
mai YOU refer TO the accounting ocer OF the treasury to
aJudicaie upon the damages which may have been sus
iaioed without having before you the mesns OF knowing
whether any claim for damages really exisls. as s
Now, | understand that Congress has Invariably re-
fused what in my Judgment would be The proper course
d ns speak OF gta,uites bat of claims proper which
dspsnd spon recognized principles nj n aaA eSity s
which, were there tribunal before which the govern
mDt could be sued the claimant would be entitled TO re-
cover In my own Judgment claims OF that description
could be very properly heard and determined before
tribunal sitting as court OF justice, where examina
ton OF facts could be made, and where both paes-the
government and the claiman-coud be represented BY
Their respective agents and attorneys But Congress have
invariably refused establish tribunal of thai kind
and the principle Of this refusal seems 10 OF necessity
10 hold out the idea that sou should not in such cases.
reer 10 the accounting officers OF The treasury the per-
iomance OF the duty, where there is not sufficient evil
dence for you TO decide upon yourselves and where you
are unwilling 10 pass gene,S H' me o.
structure OF this bill upon that groundthat proposes to
do and does effect regards individual case what you
refuse to do, as general principle OF law, 10 be applied
the mass OF claims that come before you and to refer
this case too, 10 lnbunal not well constituted for the
investigation al claims for in these Investigations these
accounting officers have no power to send tor witnesses
and examine them. The investigation would still be
er pare--quite as much so as before the Senate IT,
therefore, the claim not established before this body by
competent proof that the character OF the claim is good
one against the government and the amount one which
nughf ha cd In thp fhaC
made 10 determine the sum, well the fact that the
party IS entitled 10 something, will exclude the settle
meno accounts and vouchers and should feel myself COM
PEELED TO vote against any bill not sustained and APP
Proved until Congress is pleased 10 constitute proper
tribunal under general law for cases of that kind.
But suppose this objection was obviated as regards
claims generally should object 10 this claim being
founded upon what call eonjectural dap,oge-damsge
resting upon testimony OF the most general character
least there ought TO he shown TO the Senate clea
ground for a claim of some kind, supported by proof
sufficient TO justify this reference the accounting officers
ior settlement
Now. in looking over this claim cannot perceive the
uistence OF any claim against The United States all
AVE before me the report, which was formerly made,
sailing the grounds oi the claim stated by the memo
fnlist himself The memoalisis present their claims
upon The following grounds-in effect that "your memo
mlsts think they have just claim upon the United
Mates Tor ample indemnity, upon the following grounds:
Tor the use and occupation of the island OF Key West
ion April, 1923, 10 October. 1926 and for portion OF
hio much greater period for tue damage done 10 The
wood the island for abou, 900 sheep. and for about
@@s, destroyed III consequence OF the arbitrary or
dHa Commodore Porter; for defeating their schemes
ampovement. interfering, with their business, exer
ag despoiic power their PERSONS driving settlers
bom Inc island preventing the accession OF population,
sad substantially taking from them their entire capital
Ae means upon which all their hopes OF wealth were
Oshded These are the grounds oil The claim, exceed
mgy general IN their character My answer to them all
IS this iha, there is no claim proved that the govern.
nea not responsible for the acts OF Commodore Porter
beyond the scope OF his authority. and that The authority
gwen obm, under which be acled was simply this: Z
"You will establish Thompson Island usually Key
west depot andland the ordnance and afnes 10 pro-
any important objection this place aud more .ni,able
and convenient one can be ioand atbery
asa depot" -.
That is the only order under which Commodore Porter
scied lbe hrst report OF Commodore Porter is dated
Apnl 10, 1923, and IN II he says:
For the last weeks movements and occ pations
nave oeen SO varied, that TO enter into fn detail would
oe shall merely state that within that have built
oo 'orehouses on Thompsons Island, landed all stoes
collected together all the schoones OF the squadron abd
Noheu hem at different points on the coast OF Cuba
The report therefore, well as the ORDER shows simply
20 order lor the establishment OF naval depot upon
hls Island. II island, according 10 the state
ment OF facts by the committee OF 100 acres though
understood the senator from Florida, Mr. MALLORY,
gpon iomer OCCASION 10 stale that much larger
bhso There is no order 10 occupy the whole OF the
ana yet your bill presupposes. in IFS language that
me Uniled States had occupied the whole island Such
nol The ac at least not upon any evidence before the
eenaie. No such order given and il, under the
order to establish DEPOT and sorehouses upon this
sand, Commodore Porter transcribed his authority and
os possession OF the whole island, and interfeed n
e language OF this complainant by driving oil The iDhab-
shs, and endaDgetng their rights OF propery--if he
abused The authority conhded TO him by going beyond
sscope, surely The government is responsible lor II
mold bat ihe principle laid down and stated with erea,
correctness by the Attorney General OF The United States
m az. Legare ~ The case OF Slbbad, applies here and TO
all cases OF this kind. He states the law 10 be that
!" Ihe da ma Ia L... l..z
w merely occasioned by the Interference of any agent OF
~ United States, but he must have acted their a-
Y Whatever the agents did be yond tn
not tesponsib O." =
hold that 10 be perfectly sound doctrine, and one
"non be government cannot go beyond. Now in this
e Commodore Porter received no oriers 10 90 beyond
~" ,e esaplshmen OF depot and storehouees al all
e'ens ne was certainly not 10 occupy The whole Island
establish military law, &c, which is complained Of IN
hos ehohal ne lie was not authorized to destroy the
s ao sneep belonging 10 this party; nor is il proved
b he 9iq 90 So The damage done 20 the wood upon
, 'sana mas been settled for at the treasury Their
,h na spoWs mat they have received $1,000 for
!. Noou' ibe use and occupation of the whole island
% no' proved. A part of the island was taken for the
so % ena sIofehouses, for which the government has
nI p ps9 Now il the complainant viii show that the
~ @ @mnol' was Then occupied is not that for which
yo soo.elnnent ~. has since paid, perfectly willing to
iors o ns claim when the proper evidence comes be
v,Ia Da' would involve the interest or the rental
hso ~ ,he ground occupied by the government during
yeas, u II be different land from that which the
se,hmeht has since purchased. But the claimant has
wooa IeceIsed, including what bc received for his
anJ Imsay $1,000 for the and occupation OF this
ocs ne mas not shown that there any other land
sIsp Ipea Than that which has been paid for But The
M m eei upon the face OF the bill, and the reference
VIII accounting officers, upon the ground that The
no se,s and was occupied BY the United States Now,