The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-04-18

7
i Congress- passed for the relied Of Mr.. Caet viii show
this report, which my friend omitted TO read recognises
the principle the committee in this and idcneai
with it, and thar places that claim upon the prnci-
pie that the committee this base the obligation Of the
10 pay for this tobacco Then have not only
BY the report this but by the report Of the commit
ec in 1885 recognition, merely Of the principle, but
also Of he jacs which grow this obligation sought to
be enforced day In that report the OF Mr. Cat
| EFT, the committee sayi
4 In regard the chief bulk OF his losses, the committee
principle which they rest ~ rec
ommending an allowance. The utmost extent TO which
the with safety in remunestng losses 70
individuals who have been subjected TO injury by the ,o
of protect them against itA own act ana -
Thus if house be occupied by the troops
Of the country for military operations, thereby Is placed
the footing Of any other military position and may DC
justiIaby destroyed by the enemy. So private properly
is used assist in the defence Of the country or IN e
prosecution of offensive military operations becomes as
liable TO be destroyed by the enemy as any part o. e @
tsral Of the army and if destroyed, the government v
fairly answeabe for its value. Keeping tins principle IN
view the committee find sufficient authority 10 rec
omond the payment of by far the largest portion Of me
claim up by the petitioner. But there portions Of e
claim which the committee consider falling under the
principle thus laid down The petitioner he'd IN s'or ~
agruders house, the Patuxent river, hundred
and fifteen hogsheads of tobacco, which, along with 'ne
warehouse, appears have been burnt by the British m
june 1914 He had, also, small number OF hogsheads Ia
store Cedar Point warehouse, which was destroyed ~
"The proof lie satisfactory to show that very
fcts, between delachmens Of the enemy and Maryland
troops, occurred both these Places and that at Noting
ham warehouse miles distant from Magruder .,
where the petitioner had in store one hundred and forty
hogsheads Of tobacco breastwork was made q me
tobacco the defence of the American troops While at
Magruder's and Cedar Point the American trosps found
shelter under the warehouses; and from thence continued to
fire the enemy until their ammunition WIS expended
also proof that other warehouses, equally exposed,
left pnburned in consequence is believed Of the abb
Of all military operations in their immediate neghbor-
hood by the troops OF the United States The destruction
Of the warehouses at Magruders and Cedar Point, with
contents and the abduction Of the tobacco from Not
ngham fairly to be raceable to the principle laid
down by the and to this extent they report
| bill for his relief"
Thus, Mr. President, you find that in Cades Case, the
committee do not base the right to relief principle
growing of the acts Of 1916 and 1871 but they base
upon the principle that this government responsible for It's
and for the consequences Of ITS octs and that when
by its acts or in consequence W ats acts the property
Of individual citizen has been destroyed the government
liable pay for the property destroyed That Is tho
principles but there is curious fact connected with this
case which my friend also omitted TO state The bill IN
that case reported denticaly tho language Of the
the table, that the accounting officers Of the
treasury should settle the account upon principles OF equity
and justice, and pay accordingly. The bill was amended
in the Senate by striking out the words according to the
with the of 1916 and 1877 SO that the bill as
passed in accordance with the report OF the COM
muee. The bill reported by the committee in conformity
with the principles laid down by them was amended and
that amendment placed the right of Mr. Catett to relief NOT
upon his being entitled to 10 equity and justice but under
the principles of the acts Of 1916 and 1871 The very able
argument the then auditor, Mr. Hagner, which showed
his great independence and his entire unwngness to be
subsevient executive dctaon not argument Ia
show that the claim ought be paid He out the
fact that the of 1916 and 1917 had always been
rued strictly by the government that Mr. Madison had
issued his proclamation because the officer having power
construe the first that of 1916, had given wider
construction than he thought the financial position OF
the government would justify that the Senate upon the re
port in Caetts had amended the bi by striking out
the provision for settlement Of the claim upon principles
of equity and justice and had inserted provision requiring
it to be settled upon the principles OF the acts of 1916 and
1917 and his whole argument Is intended TO show moi
that the claimant entitled be paid upon the prn
cipes Of Justice and equity but that he should not be paid
under the principles OF the acs Of 1916 and 1917 10 OPP
position this report of the Auditor, President Tyler
when member of the Senate had reported the bill to which
have referred directed tho account Of Caett TO be made
out, and to be paid The question submitted 10 the
then Attorney Geaera, Mr.. Criltendep who gave short
opinion that, under The law passed, which authorized
Caes payment only upon such evidence would esab-
sh his claim under the principles Of the acts of 1916 and
1877 his claim could be allowed under those and
i the evidence which he had addnced
agree with The Audho that under the acts of 1916 and
1917, Mr. Cas could not properly be paid because those
acts referred the houses alone aud they TO be paid
FOR only when they destroyed whilst Ia the actual
eupnncy of the goysrnnept for military purposes cam
not see how lax which contained provision that the
payment, should be made when the property destroyed
whilst IN tho occupancy Of the government would Justify
payment for tobacco which destroyed month oe il
had been used for military purposes by the
submit, then, Ar President that the report m tue case
Of Swan, where the committee felt themselves obliged be
governed by the principle contained IN this report of Mr.
fagncr and where they felt themselves obliged To he
ersed by The theory started by my distinguished friend
that the government cannot par personal property such
character - would give the enemy the right 10 desroy
and as would create consequent obligation the part
The government 10 pay shows and that the able
Of Mr. HagOer also goea snow that If the bill originally
reported N Coeta had passed the Senate without
amendment his claim vould have been paid without diff
Gully Mr. Hagper did attempt TO show that the oy
dence did not establish by the government Of the
Il property for military purpoes his whole argument
designed show that the President was wrong in Or
den Cadet paid, because the law required bin To bC
paid upon tho principles Of he Of 1876 and 1917
the evidence did ng his claim within those principles
lie sets out The testimony lie states that bEsastwork
was made Of the tobacco at Noung am, and that the battle
was fought behnd the tobacco He that Msgru
ders Ferry forcfs repus,d and the enemy
very occasion approached ard burned down the warehouse
4 with The tobacco IN u.
Il come now Mr.. President class OF cnses in which
can show, think, hst my honorable friend is entr
wrong supposng that there ipsance where have
pad for personal property destroyed by enemy except
where that persona property taken possession Of by
our forces, or the prevented by forces om
removing H. As have stated, the report Caeus
tvinees the opposite principle The Gaze to which
ask the attention o. the Senate that OF Colonel James
Sohoron. lie lived upon the gin OF his same Pauxcn
river, IN 81 Mary's county, Maryland The house wa,
occupied by forces, and they also used for pur
poses his barn, In which deposited tobacco. Tn,
American forces were driven from the house. and the Brit
lsb destroyed II, least injured IT, and burnt down ih
barn with the tobacco IN H. Now, invite attention to
fact in that from The IN the pr
ent and making this stronger than hat Coons
Sohorcn pettoned Congress pay him for houses de
JeEA .T.'H t ~ -