The daily union., 1852-02-15

ward and said that something ought TO be paid Their
testimony is upon record So far from this island want
log protection when the United States occupied IT, was
already Inhabited, and pirates had sci foot upon the
soil since the transfer from Spau long before il
euped by the United States naval depot and rendez'
vous The idea therefore, that the United States have
paid $4,000 Tor what cost the pFopretos bat $4,000
perfectly unounded II is true that $4,000 may have
been the original negotiation with Juan T.. Salas but
understand that il has cost the parties about $50ooo TO
confirm the title TO il. But suppose il free gift:
what has that to do with the claim Is the Of
damage 10 be Judged by the price the popetors paid Tor
III Certainly not The island has greatly increased in
value The whole trade OF the gull must pass by this
salient and important poston and venture TO say that in
1852, Judging from the past statistics, O0ooOOO0 worth
of property. from the Middle. Northeastern. and West,
States, In which Florida not at all concerned, will
pass in sight OF this very island, and almost within hail
ing disancehe shipping OF the Eastern States. the
laolues Of the Middle States, and the agricultural pro-
ducts OF the Western States. 1t was with view TO
this salient position that the propetors purchased the
island. And because they ahead oil their tne and
obtained for moderate sum, we are told that they
have already got more for the land from the United States
Mr. SEWARD will The senator allow me to call hi.
attention to point in this bill upon which should like
some nfoationl | that the bill provides that the
Secretary of the Navy shall ascertain the value OF the
benefits and advantages resulting to the United States
owners | not clear how the benefits thus resulting
TO the United States under the constitution eg-
mate inquiry in considering the value to be paid for prop
ery OF private individuals taken for public use should
like to hear the senator upon that point
Mr.. MALLORY, will say that the bill as introduced
by the naval committee precisely, in many words,
the bill reported in the House of Representatives by the
Naval Committee al former session In reporting that
bill, the Naval Committee did not feel disposed TO make
any alteration it; but, far the advantages to the
United States concerned, am perfectly willing that
that portion of the bill should be stricken out ALI aim
at is that that these parties have been kept out OF
their just claim for twenty five odd years. the government
should display disposition to pay them for it, But
as this bill 10 place this matter in the hands OF the
Secretary of the Navy and the Attorney General, who
would have the law before them and it was to be set
tied by them upon principles OF justice and equity seemed
to me TO be sufficiently guarded and that the clause could
do great harm If the Senate shall think proper, will
agree at that this be stricken out All ask is, that
the Senate shall away these parties to whom not
a cent has ever been pad In compensation iOr this
occupation of their lands.
Mr BAYARD. 1t is perfectly certain that if we
to decide this upon the private knowledge OF the SEN
ator from Florida apart from the documents presented
am entirely mistaken in the conclusions which | have
drawn from the facts. But would be new theory OF
government if the individual knowledge OF senator,
apart from the proof submitted lame and loose, and
parte that proof is was TO form the ground OF the
decision OF the Senate reference TO the poprety OF al
lowing claim stated the size OF Key West from the
documents in the case, as being island OF seven hun
dred The senator says IL is larger That IS In
material. If tits larger, the argument is stronger am
perfectly willing, as regards the damages which are
claimed, TO place myself upon the legal position, which
has not been and cannot be answered by the SENATOR
that the government is not responsible tor the acts OF
Commodore Porter which were done outside OF his or
ders and which violated the individual rights OF the par
ties If he did commit such acts, their redress was
Il
mode have obtained redress, if they believed they
could have sustained themselves in court; and If they
would have sustained the encounter there, they would
have brought the matter before the courts and say the
fact that they did not seek it forms strong presumption
in my mind that they were not prepared TO make such
an issue. always distrus, pdrfe evidence, and
think there is no safety unless you do Ii is be
tnlzed with much greater stIictness Than you establish
in other cases
nothing for damages The petition admits that they re-
ceived three thousand six hundred and odd dollars for
wood Is that nothng II admits The TACT that $1,000
paid for the ground occupied by the custom house
that So 200 paid for the ground occupied by the bar
racks and that $500 have been paid since for other
property. That makes the amount stated | stated
these facts show that the property which had been
cupied under the orders OF the government by Commo-
dore Porter had been paid for say 80 still The or
tablish depot the island There can be no mistake
about the extent of the order There is nothing more in
he mops ~ ns GIaer o. ,ne Ige,eiay sd 70
ally called Key West depot, and land the ordnance
and marines project the stores and provisions H. how
ever you shall find any important objection TO the place
and suitable and convenient one can be found,
you al liberty TO select il as depot The honorable
senator asks, How could they occupy this without taking
the land said that they took portion oil the land.
but not more than is occupied now and that, beyond
that if Commodore Porter assumed jurisdiction over the
whole island and established martial law TO prevent per-
sons building and TO parayze commerce by arbitrary or
ders he went beyond the authority conferred upon him
and if he did that then there the opinion, as matter OF
law announced by MIR Legare strictly appes and there
is no responsibility on the part OF the government
But am free say that from the reading OF this tes
monyt is not necessary for me 10 go through II before
the Senate nowthe impression on my mind is that TINS
is of dispute in which there was fault on both
sides, and this claim prepared claim and that the
parties the time carried series OF petty disputes
with Commodore Porter and his officers, with view TO
make a subsequent claim against The government OF the
United States order to get speculative damages That
is what meant by the allegation OF speculative damages
As know of these parties, IL IS indifferent to me
but cannot resist the conclusion TO which have come
and il TO strong language, should say that
the claim fraud upon the government IRON ITS be-
ginning its end. That is the impression which these
papers make my mind, because the 7th oil January,
1921, these parties made communication calculated TO
draw the attention of the government to this island,
which then, the reporting officer says. desolac.
and that is the time 10 which referred. Whether that
was the condition OF the island is immaleral The hon
oabe senator says il settled. That when Com
modore Porter went there year after security was given
by the establishment OF guard by the United States 1t
after the United States had assumed jurisdiction
il for the first time But before that March 2s 1922,
Commodore Perry, in his report, SAID expressly that
"eretooro the Florida keys have been the resort of
smuggles New Providence weckers, and In faot oi SET
of docs, who paid but le regard either
to law or honesty The present establishment though on
small scale will conjecture, (with the assistance oil me
seer be enabled keep these awles people from TINS
island But would suggest the necessity OF an early aug
menston OF force, IL be only Tor the purpose OF enforcing
the revenue laws"
Ii was not until April, 1913, that Commodore Porer
was ordered there When he went settlement may
have arisen because the government had determined to
have an establishment there and had placed guard TO
protect the island from smuggers and pirates settle
men may have grown up IN the interim When Som-
modore Porter went there the island was settled IN part