The daily union., 1852-02-15

Porter exercised arbitrary power as the disposition OF
ther property and on these grounds, which are very I'm
perfectly proved, and by entirely parte testimony,
they now forward 10 claim the hands OF the gov
siamen contingent damages arising out OF The acts OF
Commodore Porter. They say that he destroyed Their
wood, and they had 10 abandon certain hogs on the
island hat he inerlered, by his despolic orders, with
he,r , commercial enterprise hai he prevented settlers
martial law by him on the island an Interference
with their rights property as he refused that any per
should build without his authority or permission
that IL only broke up their commercial arrangements
but that It tended TO vent the settlement Of the island
retarded IT'S commercial interests, and deerioIaed its
value This IS the general ground OF complaint which
is made.
Now in point Of fact it appears that for this island
they gave S2 900 and they received from the govern
ground for the barracks and So 800 for other land pur
chased from them by the government making $4,000
paid for property the island for the OF the govern
meni They were also paid in 1877 by the Navy De-
partment, for the wood which they alleged used by
the navy 50 695 Thus they received altogether from
the government sos and some cents. for island
which cost thain but $4,000 The real damage, in my
Judgment fully paid for when the weQd was paid
Tor That is the inference which derive from the proof
in the case,
The learned senator from Florida, [Mr, MALLORY j
who is member of the Committee Naval Affairs, and
by whom this bill was reported, well understands that
damages at law, between individuals. may be too
remote to be recovered great portion oil the damages
claimed in this case are Objectionable on that ground
The allegation that these parties intended and had made
erlered with by the officers of the government is not
proved in itself and, if it were proved, it comes under
that class OF damages too remote, even IN the OF in
divduals arising out OF the trespass. 10 justify the
cry of damages But there is another ground which, in
my Judgment cuts off this claim altogether The Secretary
OF the Navy, in February ls23 instructed Commodore
Porter to take possession OF the island An extract from
the instructions the Secretary OF the Navy to be found
at page 20 of the report made to the House OF Represent
suves IN 1918, and It IS attached to the report OF the
Senate committee. This extract contains all OF Commo
dore Poers instructions in relation to his duty in regard
TO this island:
"You will establish Thomson's island, usually called
protect the and provisions. IT. however, you shall
find any important objection this place, and suit.
able and convenient one can be ound at liberty
select it as depot"
These the orders of the government TO the officer.
IT, under these orders Tor establishing depot the officer,
he infrnged the rights Of the citizens by any arbitrary
conductthe courts open for relief and the govern
ment can incur responsibility for the malvesaon of
its officer for his acts beyond his orders and authority
do not state this merely IRON my own opinion, but on
the authority of very able and distinguished man, for
mey Attorney General Of the United States, Mr.. Legare,
opinion given by him the of Sbbad,
what similar 10 this and which referred to in the
petition of the memoriaiss. bill passed refer.
ring, without any rule being laid down, TO the accounting
officers to settle the accounts OF Sbbald for damag
which case not dlssmilar but in the particular
facts OF not the this Fortunately for tn
country, MIR. Legare Attorney General. lie gave
his opinion the case which will be found in the
Opinions OF the Attorneys General OF the United States
page l543. He there lays down the rules which should
guide the accounting officers in that in ascertanng
The damages. Among them he lays down this PROPOSE
ton which take to be unquestioned in law, and which
cannot be contradcied here or elsewhere:
.The damages must not only have been directly caused
not merely occasoned by the interference of agent Of
Ae United States, but he must have acted under er
thoty Whatever me agents ana beyond me instructions.
clearly they did in their wrong and the Is
not responsible,
say, then that the proofs in this case, there
single fact shown OF any act done 10 the individual who
fll nmf nnHp ITh lx
within his instructions for which the parties have not
been paid The depot has been paid or the site for the
wood alleged have been taken has been paid for and
there is other act within his instructions complained
of which is, far have read these papers, attempted
To be proved 1t is alleged that by his arbitrary conduc,
on the altogether about seven hundred
acres-s value greatly diminished It is said that
be ordered the propretos TO pen up Their hogs and that
in consequence OF their inability TO do they were
obliged to abandon them II he gave that order be did il
without right The right could not be derived from the
instructions OF the Secretary OF the Navy II II was
done, il was violation OF the rights OF property; and
they were not bound by it, II the hogs had not been
penned up and they used by the government, the
government would then be responsible But there is nc
proof OF that There is proof as TO by whom the hogs
taken They simply declare that they were aban-
doned in consequence OF order OF Commodore Porter
Ii he made such order, il clearly Illegal and could
not have been derived from his power 10 establish de
pot That power OF his did not give hun jurisdiction over
the whole island
Another ground OF complaint is that by the occupation
OF the island its settlement retarded Now in my
opinion great advantages 10 these parties from the
occupation Of the island by the government But those
advantages TO be altogether lost sight OF. AT the
time the island taken possession OF by The govern
ment, the report Of Commodore Perry shows that II was
desolae island, the resort of smuggles and pirates
and unsafe as a residence Ii will found page l6
the report OF 1873 of the committee OF the House OF Rep
resentatives, that Commander Perry in communication
dated March 2S, 1922, uses this language:
" Heretofore the Florida Keys have been the OF
smuggcrs New Providence wrerker aud, in iact oil
desperadoe- who have paid but te regard either to Law
honesty The present esiablishmen though on small
will conjecture. with the assistance OF the settlers
be enabled keep these lawles people from his island
But would suggest the necessity of early augmentation
force IL it be only Tor the OF enforcing the rev.
laws gun boat would be force sufficient TO an
swer all the purposes required"
There many other matters contained in the facts
stated in this which open comment but il j,
moi worth my while TO deain the Senate by commenting
upon them The factis certainly proved in the
that OF the parties who claimed damages had IN
teres in the property at the time They claim that they
had interest," but their interest is not shown There is
also disconnexon in the proof to many of the facts,
which, if it were worth while, would now comment
upon But shall not trouble myself win those matters
wish, however, to refer 10 fact which appears to
have escaped the notice OF the Committee Naval AZ
fairs OF this body al this session. This claim was org
nally presented in the name of John Whitehead, who is
now one OF the claimants. But this is now here as the
claim of John W. Smonion II was before Congress as
early an the first OF the Twenty third Congress
ton of the claim and referred TO the Secretary OF
the Navy AT the second session OF the Tweny-third
Congress the Secretary OF the Navy made report upon
IT, and that report ask TO have read II shows that ,his
matter has been fully investigated, and that too al
time when there were better means OF inyesugauon-