The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-02-23
0NGRESSIONAL.
SPEECH OF HON. JAMES L. ORR,

7
article q The treaty Of 1919 between the Uuiied States
j February Ia 1855
Mr. ORR said would myself be very glad 10 have the
House resolve itself into the Committee OF the Whole on
the state OF the Union for the purpose OF taking up the
appropriation bills because looking the condition IN
which the business Of the House is present think that
some these bills In imminent peril aud may possibly
4 be for want Of time ! do not think though that ]
could 10 good faith yield the floor to allow that
ton TO be made becuse many OF the friends Of this Fior
dcins bill have acceded request be heard upon
,s merits aud have voted reconsider the previous que
ton ordered Monday last TO give the opportunity Of
expressing my opposition TO the bill therefore propose TO
submit some remarks with reference TO the bill TO be
passed upon by the House /, very ungracious task
for representative upon this floor TO be putting himself
in the way OF claimants who believe that they have de-
mand upon the treasury IL provokes enmies and rarely
makes freads think, though IL Is the duty Of repre-
sentative only in the consideration of public but pr
questions upon which he to decide here TO guard
the interests of his constituents with hdeit and when
he satisfies himself that is wrong he is soemnly
bound to nePose his voice and efforts to secure its rec
| ton.
When the rules were suspended on Monday last and this
bill came up, had not beard thing Of its merits de-
merits but when heard the proposition announced that
bill TO be passed 10 supesede overrule aud override
the consistent and uniform action and decisions OF the
Treasury Department from 1925 the present time
unwilling to cast vote upon the question until could
hear what could be assigned for the passage Of
measure radical in its purposes The previous ques
tion, however demanded all debate cut off, all expa
nation refused and the House well nigh precpitated
into vote when few of the members had the slightest in
formation to justify the passage of important bill
After a considerable struggle adjournment OBJ
taned and have taken pains examine the merits
Of the bill The examination which have made has been,
of course very hurried one and the vast number of doc
umens that have been accumuating from time TO time
since the origin of these claims has precluded me from
king the full and thorough investigation which desired.
The investigation satisfies me- beyond all doubt contro
versy, and think shall be able to satisfy majority Of
this House. that there merit in these claims for the
that the bill makes appropriation for far
greater than contemplated by the treaty of 1919 with
hr. 30 ,nl
1884 think shall be able show that it exceeds the
sum contemplated than tenfod. The amount of
property destroyed depoed bears proportion 10 the
amounts which these claimants have already received.
This broad assertion but the facts when properly
derstood and appreciated, will fully sustain il.
In 1919 treaty was negotiated between the United
States and Spain for the acquisition of Florida One OF
the spuations of that treaty provided that the United
States will satisfaction to be made for injuries il
been suffered by Spanish officers and individual Spanish
inhabitants by the late operations Of the American army
in Florida. In 1912 and 1913 there invasion Of
East Florida and in 1914 incursion made into
/ West Florida under the direction and command of Gen
jackson. The army of the United States had also gone
into the Territory of Florida in 1873 and the clause in the
treaty already referred evidently meant TO provide for
the spolations committed during the last INVASION for it
refers TO the late operations OF the American army in Flo
| rida
j The Secretary of the Treasury Mr Crawford during
Mr. Monroes administration, decided and the decision
acquesced in by the whole of the cabinet including Mr.
Monroe himself that the spoations which were committed
prior TO ISIS not included within the provisions OF
the section which have quoted His decision sub
sequeny affirmed by Mr. Rush. and the Treasury Depart
ment conormed its action Herewith The decision was
made claims where the depredations committed in
1872 and 1873 and they disaowed because Mr. Craw
ford held that only the spolatons of 1918 provided
/ to be paid by the treaty.
i Mr. STANTON, of Tennessee think the gentleman
will find upon examination that the decision of Mr. Craw
ford made upon which occurred during the in
vason of West Florida where it decided that General
jackson had right to follow the enemy into neutral terri
tory, and that it against the law of nations
think that the claim based upon that ground The
of General Mathews in 1872 and 1873 stood in an
entirely different position.
Mr.. ORR, will come to that point in short time By
le second section Of this act of 1929 to which have
ferred, IL is provided
"That in all cases in which said Judges
and ask the attention of the House its phseology
in all which said judges shall decide in favor of the
claim the DECISIONS rih the ertdenee which they
Of The 7reasy, rho. being satisfied that the s
and eqaiab and ithiu the prorisioas Of the treaty, shall
the audged Of money in the treasury not
/ otherwise appropriated
The act directed the district judges in the Territory
Florida investigate all these claims and report the re-
suit of their examination to the Secretary OF the Treasury
/ subject to his reyisal and approval.
1t has been concnded that il unconstitutional 10
constitute the Secretary OF the Treasury OF the United
States appellate tribunal TO overrue the Judicial decis
ions which had been made by OF the district judges
has been further insisted urging these claims upon the
House that where the Judges decided thata certain
was due and awarded interest upon it, that the decree
could be separated by the Secretary of the Treasury
and if he paid any portion of IT. he was bound to pay all
Well eoncede that that is true legal proposition
If the judicial officers in Florida acting in deermn-
ing these questions judges But they acting in
such capacity. They designated judges, &c.
mere dscrptio persona and merely commissioners
as the act itself clearly demonstrates They
ceye and adjust all claims and if they awarded avorably
they were transmit the evidence and award to the Sec
rery of the Treasury and if he determines the claims
reported just and equitable then be to pay them Is
there wide discretion here conded TO the Secretary
and with his right supervise and reject their report how
be claimed that the functions of the judges
dical I?
But have the very highest authority for declaring that
the judges there did not act in judicial capacity, but
commissioners in which authority that very question is
The authority is less than the solemn decision of the
Supreme Court of the United States this precise
\ not merely analogous.
The following extracts from the opinion OF Chief Justice
Taney delivered in the Supreme Court OF the United States
viii settle the question the character in which the
Florida judges acted In these IL will show they act
ed commissioners and not judicaly. The case de-
cded at December term 1851. The case IS the United
States Ferreria reported in volume 10 Howards G,
i r.. 40. Cbiei Justice Taney says
The treaty si9 by which Spain eeded Florida TO the
United States contains the following stipulation in the 9Th
| article:
The States shall satisfaction to be made for the
injuries any which by process OF Law shall be established
TO by the Spanish officers and individual
army in Florida.
ain 1928 Congress passed act carry into execution
article Of The first section of this law author
ze the judges Of the superior courts established a St Au
claims arising within their respective jurisdictions sgreeab
To provisions article Of the above mentioned