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

their property would have been worth, had II not
been for the occupancy by the government
Mr.. MALLORY, They received for even some three
or four thousand dollars
Nc ADAMS NV object in making the inquiry was
simply 10 get the information. But am opposed TO re-
feing question OF this kind 10 The consideration OF the
head OF the department question OF liqudang dam
sges--damages for insults offered TO the popnetors by
the confinement their laborers-is difhcu question
10 decide and would be very difficult 10 ascertain any
thing in regard the amount OF damages in such
Another part OF the question IS allowing that part OF the
damage done 10 the sock-and for which these indyidu
ais were liable at the tmeo be stricken out II does
seem TO me, sir that the whole claim is without founda
lion and the fact that there delay OF more than
twenty four years after the transaction took place before
there ever was favorable report upon strengthens this
opinion. The government OF cannot be controlled
by the statute OF limitations but do not believe, after
such length Of time has passed away, when The eyi'
dence against the claim has been suffered TO die. and the
evidences In favor OF II has been continually increasing
~ strength and while have other important claims
before this body, that justify at this time the
granting OF this claim II seems 10 that il is the duty
OF the Senate to retrieve its character in regard 10 these
doubtful claims. II common saying, in regard to
claimant pressing doubtful claim before Congress- that
if he only get passed in the House of Representa-
lives, there is difficulty at all in the Senate, owing TO
the courtesy extended by senator to another think
The Senate should on having very good evidence TO
support these claims before pass bills Of this char
acier. Iet .
Mr.. MALLORY think my friend from Mississippi
lMr ADAMs1 will see at glance that position he has
taken untenable He the fact that the island
was valueess have not said word 10 justify that
idea and II he had read the report made by the Naval
Committee. he would that it by value
less that II had rapidly ncreasing population that
had large mercantile houses already established there to
90 an extensive business with the Island OF Uoa and Inc
being rapidly built, and extensive preparations made
for the manufacture OF salt, which then paid Duty
think, of bushel The island has natural salt
pond, which has been worked since Commodore Porter
left there to extent All these operations in
terfered with By Commodore Porter. True he changed
Its name, and unfortunately for the change the
suit of that procvily which we have exercised, when.
take pos session OF geographical points, TO
change wellesiahlished names, names given by pre-
vious dscoveIers, TO such have perlinency The
whole OF the Florida coast is illustration OF this
throwing into confusion all known ideas OF geography
The Of this island was Csyo Hueso, Bone island,)
which was changed by the English into Key West and
not satisfied with that, when this officer took possession
of it, he changed il again. And did he change TO
thing illustrative of the character OF the island It's geo.
graphical location or posonl BY means; but, to
please the Secretary OF The Navy, he called IL Thomp-
sons island
Mr.. ADAMS understand the name was changed at
the instance OF the poprietors; and from that inferred
that it was done by their consent.
Mr.. MALLORY. 1t may have been changed by their
consent; but the truth is they were in position in
which consent consent could not have had the
slightest influence because they told by The rearing
OF the standard aud the proclamation that the land be-
onged 10 the United States, and that they had right
oit.
But we are asked here whether these parties have not
been compensated by the consequent advantages they
have derived from the occupation OF It by Commodore
Porter Why sir il the government will pay private
individuals Tor the consequent advantage which they de-
rve from occupying private properly how can they turn
round and ask pay them for the consequent advan
ages which we have derived from their occupation IL
consequent advantages are TO be discussed here at all
we might say that millions upon millions OF dollars have
been saved TO the United States by the occupation OF that
very island because 1t has enabled the United States to
suppress piracy, and j was the only station from which
its vessels could radiae TO effect their purposes The
consequent advantages have been enormous. But we
have stricken that clause out and be told
that this claim is to be offset BY consequent advantages
at n ffian hfh 1tnE ia mia nnhl
MIR. bAYARD. MIR. President had supposed that II
would have been unnecessary for again into the
again be necessary for advert the circumstances
ofthe but differ widely from the honorable sen
aior from Florida to many of the facts, that should
think il Justification of duty both myself and the SEN
ate il permitted many OF the statements made by him 10
20 uncontrolled. ! believe that many OF these state
ments not supported by The evidence. ! understand
that the principle OF law laid down BY MIR Legare not
denied the other sde that If Commodore Porter acted
beyond The scope OF his authority, (and the damages
claimed for acts Of that knd the government clearly
not responsible But the senator tells us that though
the terms OF the order OF The Secretary OF the Navy may
not have justified the acts done by Commodore Poer &C
codng 10 the literal language OF the ORDER yet the gov
eminent acquiesced 10 his acts and acquescng with
knowledge OF them equivalent 10 previous order,
and that therefore, the government must be considered
as having sanctioned these acs Concedmg that prn-
cipe. my answer 10 IL is plain-he government never
knew OF any OF those acts al all
The senator from Florida, ION what ground TO me is
utterly intcrulable) al the very close OF his remarks
made broad statement OF facts-I believe took The
words corectly-that act Of Commodore Porter was
nnauthoIzed-that all bis acts known 10 the Secre
tary OF the Navy at the time, shortly afterwards In
this though report stated TO have been made IA
yorabe TO the claim the House OF Representatives, in
1s47 and again in 1s4s, and by the present commit
tee OF The Senate IN 1884, the fact is entirely kept out
OF view, that in 1884 this rejected precisely
the evidence, regards all the OF complaint
that have. The fact cannot be denied that the
only additional evidence which has been brought
forward is simply afdavs the value OF this leland.
All the evidence in regard 10 alleged grievanceshe
ground OF the complant-was before Congress in 1894
II then referred to the Secretary of the Navy, and
reported upon by him the Testimony that the
claim was afterwards reported upon by the committee Of
the Senate, and rejected shall presently read The
port OF the Secretary OF The Navy this question OF fact
between the senator from Florida and myself find
nothing In the documents TO show that Commodore Po
OF the rights OF property, that The illegal occupation al
legged was made under the orders OF the government
That u the allegation The ground OF damage is broadly
that the government bad occupied this island in effect
and that by its occupation in 1922 1884, and 1922 the
exclusion OF rights OF The owners became responsible
IN damages Now II you take the order given by the
Secretary OF the Navy you will find that II does not
ton such occupations Il Is implicitly admitted in the
guneD that that order does not sanction the occupation
OF the whole island and there be question about
IT. The order given TO Commodore Porter in February,
1923. was in these words:
- Yon will establisb Thompsons island usually called
hcy Wes depot and land the ordnance and marines
protect the stores and provisions I however you shall
tusbe and convenient be found you are at lib
erty 10 sstsct 1t depot"
IL II necessary TO contend before the Senate that this
order did authorize Commodore Porter In take