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


there could be, N equity or justice, distinction drawn
between real and personal property and MIR Bradbury in
his subsequent report the same case, makes the same
statement
Al the first session of the Seventeenth Congress- William
Henderson of Virginia, presented clam for the payment
OF property which destroyed with his house.
during the The committee thatsesson reported adj
versey the allowance of the clam; but both branches Of
Congress overued the adverse report and ganted relief to
Mr. Henderson, by the passage of bill paying him as
well for the personal the real property,
The next TO which would refer this head is that
OF Cad Humphreys, which was Florida There the
claimant the Of certain real property which
taken Of by forces for the purpose Of defence
against the ndana. He also the of tweniysx
negroes Happened from the evidence that the day before
the occupation OF his property he had been offered $3.50 for
each Of these negroes. Whilst forces occupied his
house fort, neonyenient of of
roo that the negroes should remain within ITS limits and
they went TO osbouses to sleep An attack made
by the Indians the house, and the negroes outside of
house were taken away This Fkrda claimant came to
Congress asking be paid for the house and for the
goes. On the 22d of May 1888, MI Hubbard from the
Committee on Claims reported
tis Furthermore satisfactorily proven that the night
Of the 2Oh Of june 1885, during attack the fort by
large body of Indians there and captured from
the premises OF the petitioner situated and under the
Of the fort twenty eight negroes the property Of said
pe,itoner for which said petitioner had been offered few
days before their capture $3.50 each and that the capture
occasoned by the necessary occupancy Of the houses
of said petitioner within the fort by the oops and the
sequent exposure Of the negroes who we've compelled to
occupy the houses Of The petitioner without The forsfca
tons. #e@ H
"Tie committee come to the conclusion that nasmuch
the property Of the petitioner was taken and occupied
by the roops Of the United States military post and,
its abandonment by said troops destroyed by order Of
the commander that the petitioner is therefore entitled TO
The bill for the relief of Mr. Humphreys did not pass at
that session; but find that the from Virginia MIR.
MAsoN made report upon the same the 25th If
April l84s from the Senate Committee of Claims in which
he states
II further appears that portion of said property
captured by sad lndans owing to ITS being exposed IN
hui
1 troops %
/ He reported bill which was passed, paying this man
from Florida for his servants because the United States had
used his house military post; and it convt-
nent that tho should go ousde and they
tared the Indians They were paid for and rightly paul
| for, by the government Of the United States.
There another while the honorable senator from
Delaware member OF the Committee Of Claims-the
case of Mr. aehner, who owned fopewak IN this Dis
trict He manufactured rope of certain description rope
Iproper for navy He app,chended that the British
woud destroy the rope unless he removed III but the Uni
ted S,oes took away the means which ne had acquired for
the purpose of removing his property An application was
made, FIRST for the payment of the rope which was proper
the naval service and which, because OF ITS fitness for
that SERVICE according the usages Of civilized warfare
the would be authorized destroys and he paid
for it, Then, in 1851, former senator from Indiana,
deceased made report providing payment for twne which
was stored In the house and which also burnt
destroyed taken away by the British when they captured
Washington. at
could multiply almost an indefinite number of in
which the government by the action of both branches Of
Congress- has repodiacd the principle announced by my
honorable friend from Delaware and has paid and
again. the principles of equity and justice, where the
claimant entitled 10 be paid under those principles when
his property destroyed by reason of the action Of the
government
desire occupy short time in applying the prin-
cpes the evidence in this The principle announced
by the committee is that wherever by the of the gov
ernmsn the property of citizen usGaby destroyed by
the enemy the government per Sc Obliged 'opay for The
property destroyed, in consequence Of its acts wish
apply this principle the evidence in the and
first in reference TO the tobacco at Nottingham Were the
forces Of the government of Great Britain justified accord
ing the usages Of civilized warfare taking away the
tobacco from the warehouses at Nottingham IL will be nc
ccssary order TO examine this question thoroughly for
me go into historical detail order to sho~ that
enemy authorized lake this tobacco away
destroy Il, at their option.
The reports this the other Of this show
fleet OF Great Britain occupied the Chesapeake bs
and the Pstuxent Of its tributaries during the entire
summer OF 1914 II historical fact known the Sem
that prior TO the ascension OF the Patuxen river by the
hos OF Commodore Barney the enemy had never gone
that river. They had supposed, believe that
not Of Sufficient doph be nAvgabe for their vessels Of
war After the aolla Of Commodore Barney up the
psuaen rver they followed by the fee, OF the eney
and from that period until after the burning Of the Capitol
and the of the British army from this city, and their
decentralization Nottingham, The Pauxent continue
ously occupied by the enemy.
submit, that tncmy occupying the waters Of foe IL
authorized and justified according 10 the usages Of warfare
An landing for purposes Of forage for the purpose of
curing water for the purpose of securing any supplies which
may be necessary for the comfortable suppot OF their
forces. Here the British fleet, with army sufficiently
numerous 10 take your Capitol occupying this urer Tor
months Here warehouses located directly uFon the
banks Of the river They the property Of the respec-
tive counties; their the property Of the citi-
Iens From the houses upon the margin OF the river the
enemy fought day after day. by troops, and ihsy
were almost universally npulsed There wa hardly house
upon the margin 81 that which used almost
daily for the purpose OF making attack ppon the enemy,
whenever they approached The fhoe These warehouses
were used The 10 which they contained formed n
npcrNous barrier Any missile which could be shot at
forces Its the besi fortress in world Tor ball
cannot 60 through hogsbend OF tobacco The tobacco
shows thai during the whole Of le4 the public
warehouses upon hs river used whenever the enemy
approached the shore for the 20, pose Of annoyance
! AT Nottingham, when, The 18th Of June, 1914 the
British attempted cgpure that viIege tie tobacco
rolled from the warehouse and formed into braswofk,
cannon planted behind H. When the eleven
bargos OF the british approached the village they fired
upon from this besswork My friend Gays that the old
general who commanded there tells him hsthey
only scaling their csnnon but he tina, day and
so did the other that the Americans Fred the
enemy and repulsed them
i Mr.. BiYARD At Nottingham said hst he stated
then, as nov. that hey formed bresstwork
MIR. PRATT refer the senator's remark SCALING
cannon.
4 MIR. BAfARD. He sisted TO thu, that
/ Mr.. PRATT. My friend says Tint this old general,
Hfcr the lapse 81 years which have passed since 1914,
now ssys be scaling hs cannon and that that fright
sned the British onG they away. Bot, cir, the
iact ", he made brenstwork he planted the American
cannon behind IS the enemy fired up6n md they
were rcpused and hey reead II they had landed and
whipped fghny fcono L.bind