Imagens das páginas
PDF
ePub
[blocks in formation]

from being done. And it is very evident, from the circumstances before mentioned, and from other circumstances, that, but for the order, the frigate might have been brought off. But whether she might or might not, that makes no difference in this, so long as the frigate was destroyed under that order, and in fulfilment of that order and so long as the captors were restrained by that order from making the attempt to get off with their prize.

[FEB. 7, 1828

Mr. HAYNE said, that the difference between the Se nator from Vermont and the committee, was, that he had taken from the various amounts to be found in the pre cedents to which he had alluded, the lowest sum men tioned. The committee had not taken the highest, bu had chosen a medium. The award alluded to by the gen tleman was made during the war, when the pressure o the times caused it to be placed at a low rate.

Mr. WOODBURY remarked that the gentleman from Vermont would find, by turning to the books, that, in cases where the disparity of the forces was great, the ap

to be found in the precedents were to be adopted, the interest since 1804 would make it double the amount He hoped, therefore, that the blank might be filled with the sum proposed by the chairman.

The question being then taken on filling the blank with $100,000; it was agreed to.

Mr. HAYNE then moved to fill the remaining blank with the following sums :

For the legal representatives of Commodore Preble $5,000.

Again. The Government have disposed of this prize frigate as they thought best for the public interest; whether they judged well or ill in this disposition, is not ma-propriation varied accordingly. If the very lowest sur terial to this claim-they did dispose of it. They then have this property, which was the property of the cap. tors, for they have controlled its disposition. How, then, can Government refuse to pay for this property, disposed of by them, which did not belong to them, but did belong to the captors? Suppose this frigate captured, but not destroyed nor condemned, and the Government had restored her on treaty or on ransom, or to redeem our citizens from captivity or bondage, Would Government have any pretence for saying the capture did not come within the letter of the provision, and that, therefore, the captors should not be indemnified for the captured property? Surely Government would have no pretence for saying this. In principle, this case is identical with those -for in both, the Government have disposed of the pro-perty belonging to the captors; and the mode of disposition, as I said before, is the affair of Government, and cannot be material to the claim of the captors. The Algerine frigate and brig, which afterwards were captured by our squadron, were restored to the Algerines, yet the captors were indemnified for the loss, and to the amount of the captured property.

I hold, then, that this is a case within the intention of this statutory provision; one within the object of this provision; and one in which the Government have precluded themselves from saying is not within the letter of the provision.

Mr. CHANDLER made some inquiries as to how far the rule to be established by this bill would extend? He supposed many other cases of the kind would be brought forward, and he wished to know to what extent Congress would be committed by this bill.

Mr. HAYNE replied that the committee who reported this bill knew of no other similar claim. He believed this case stood alone.

Mr. SEYMOUR said, that, being one of the committce by which the bill was reported, he wished to explain why he had differed from the chairman as to the sum to be appropriated. He thought, by the granting $50,000, the principle of the precedent upon which the bill was founded would be fully acted up to; and he thought it highly im proper to legislate upon the individual merit of officers. In his opinion, the small number of individuals engaged in the exploit ought to be taken into consideration, in the sum to be granted. He intimated that, should the sum proposed be rejected, he would propose to fill the blank with $50,000.

Mr. HÁRRISON said, that the small number of the individuals engaged in a gallant exploit, would, with him, be rather a cause for increasing than decreasing the amount to be paid to them. The intention of the Government in giving prize money was to encourage the scamen; and, if a small vessel should conquer a large ship, their reward ought to be increased, because the action would be more perilous and intrepid. To reduce the proportion of prize money according to the number of the captors, was, he thought, against the principles of

the Government,

Mr. SEYMOUR remarked that he had grounded his remarks on the precedents which had been consulted in framing the bill."

1

For Susan Decatur, legal representative of Stephen
Decatur, of the first class of officers, $31,412.
For the second class of officers, (James Lawrence, Jo
seph Bainbridge, and Jonathan Thorn,) $ 12,561.
For the third class of officers, $14,958.
For the fourth class, $12,215.
For the fifth class, $ 11,074.

And for 43 seamen, $ 12,773.

The question was put upon the first of these sums, bu was not taken--when

Mr. CHAMBERS rose, and said, that, before the ques tion was taken, he would discharge a duty which had de volved upon him, by presenting a paper containing an extract from the journal of F. C. DeKrafft, a midshipman on board the Syren, who believed that the officers of the Syren had a claim to some share of the sum awarded to those who took part in this gallant achievement. Mr. C thought, as far as that paper was an evidence, the crew of the Syren shared the common danger, and were therefor entitled to a portion of the reward.

[Mr. C. here handed the paper to the Clerk, who read it. The journal stated that the Syren took a position without the harbor of Tripoli, within a mile of the fort at the time Lieutenant Decatur entered with the Intrepid that a signal was received from the Intrepid, and answer ed by the Syren, and that two boats fully manned, were despatched by the latter to reinforce the Intrepid.]

Mr. CHAMBERS continued his remarks. He found by the prize act, that individuals composing the crews o vessels in sight when a prize is taken, were entitled to share of the prize money. It was not exactly the provi sions of the prize act that entitled these individuals to a share of the sum to be given.

He understood that the money was given to encourage the spirit that leads to such exploits. If so, all who par took of the peril should share the reward. might be said that the individuals named in the bill were not aided by the crew of the Syren. He thought it would prove otherwise. The Syren was so situated as to have given assistance if needed. She was within a short distance of the fort; she did send off men to reinforce the Intrepid and received and answered a signal from Lieutenant De catur. The person who had handed him [Mr. C.] this paper, was a resident in the District of Columbia: and, therefore, to obtain information on his claim, he would move to recommit the bill, assuring the chairman of the committee that his design was not to obstruct its progress Had he thought, that, by making this motion, he should have caused any delay of the bill, he would not have made it. The evidence in this matter was at hand, and a decision could be speedily obtained. He then moved

261

FEB. 7, 1828.]

Captors of the Philadelphia.

262

[SENATE.

Such is the generous spirit that characterizes our Navy He hoped the motion to recommit would not be sustained. cide upon the merits of the claim of the officers of the Mr. CHAMBERS said, that he did not pretend to deSyren. He had merely put forward a statement which to it was within half an hour's walk of the Committee he hoped would be examined. The testimony in relation room, and he hoped that it might be inquired into. He did not, farther than this, pretend to enforce the claims of the applicant. As to the belief of the chairman, that the Syren was not employed in the service of burning the Philadelphia, he [Mr. C.] thought all the evidence in favor of the supposition that she was so employed. The Syren was ordered to accompany the Intrepid, and aid in the enterprise. She did so, and took a position to support Decatur, and cover his retreat; and, if the crew of the Syren shared the danger, they ought to share the reward. It was as necessary for Decatur to have the means of escape as the means of entering the harbor; and if for this purpose the brig was placed in a position of danger, she aided in the achievement. How far her crew were entitled to reward, Mr. C. did not know, but thought it ought to be examined. He had been told by the gentleman from South Carolina, that Commodore Stewart always spoke of Decatur as the individual who performed this deed detracted from the merit of Decatur. inference from any thing that had fallen from him. It He never supposed the claims of the Syren was, he believed, the last object of the individual who It was a forced presented this paper, to detract from the merits of De. catur. into; and he [Mr. C.] was convinced that it would not at all delay the progress of the bill. He merely wished the facts of his claim looked

that the bill be recommitted to the committee who reported it, together with the paper purporting to be an extract from the journal of F. C. DeKrafft, with instructions to examine the claims of the officers and crew of the brig Syren to share the sum granted by the first section of the bill. Mr. HAYNE said, that it was somewhat extraordinary that this claim had never been heard of before. The subject of this bill had been a matter of discussion for two or three years. It had been before the public, and had formed a topic of some interest in the public newspapers during all that time; yet the author of the journal, an extract of which was now before the Senate, had never until now put forth his claim. The commander of the Syren, Commodore Stewart, had never set up any claim for himself or his crew-and such a claim had never been thought of until this late period. He would, therefore, put it to the Senate, whether it was fair or just for an individual to step in at so critical a juncture to retard the progress of the bill. It had been under the examination of the committee at an early stage of the session ; had been reported in due season; and had now been for three weeks before the Senate, waiting its turn for consideration. He [Mr. H.] had even been so particular in bringing it before their notice, that he notified the Senate previously, of the time at which he intended to call it up; and now, after all these preliminaries, just at the time when they were about to reap the fruits of their labors, and secure to that gallant crew the reward they so richly merited, an unknown claimant comes before the Senate, and asks us to forego the prospect of carrying the bill through this session. For, said Mr. H., if it is recommitted, there is scarcely a hope that it can pass in time to be acted upon by the other House. If the claim now put forth deserved to be acted upon at all, it ought to go to the other House, in- a claim so long subsequent to the action which created it, Mr. HARRISON said, it was a bad precedent to allow stead of obstructing the progress of the bill in this. he had another objection to the claim, if claim it could be position to the report made by the commanding officer, But founded on a statement by a junior officer, in direct opled. The paper which had just been read, was ac- who certainly ought to know the object of the movements companied with no testimony. It consisted of nothing which were made by his orders. The situation of the but loose memoranda. It proved nothing; whereas there Syren was such that she gave, nor could have given, Dewas ample proof to show its unimportance. There was catur no kind of aid in the capture. He hoped the Seafficient proof that the Syren did not aid in the exploit nate would not allow the examination of a claim which #burning the Philadelphia-that she was not even order- would go to contradict an official report which had been to do so. The official statement of Commodore Pre- for so many years uncontradicted, and which was founded le amply proved the fact. rdered to support Lieutenant Decatur, and cover his reHe says that the Syren was on the best evidence. reat, but could not get into the harbor. Decatur, also, shewn any practical object in the recommitment, he Mr. TAZEWELL observed, that, if there could be his despatches, says that the Syren obtained a position should not be opposed to it. But he thought he could without the harbor, to cover and defend his retreat. The shew the best of reasons, from the journal itself, why it fact was further established by that part of Commodore ought not to be acted upon. Preble's official report, in which he speaks of Lieutenant bill has been for several years before this and the other Stewart; and, as if with a desire to console that officer for House. How does it stand? This the misfortune of not having been able to join in the enter-gress. The witnesses that have been called are of the It has been fully discussed in and out of Conprise, he remarks that it was an exploit in which but few most distinguished character: for instance, Commodore could be engaged, and praises the alacrity with which he Stewart, who commanded the brig Syren. performed the services within his power. He also goes ever set up by him or his officers or crew, for the twenon to say, that, if Decatur had waited half an hour for as- ty three years that have intervened since that action. No claim was Sistance from the Syren, the enterprise must have failed. But now, on the 7th of February, 1828, there comes forth But what was the conduct of Commodore Stewart? Did a statement on oath, on which the ink is scarcely dry, to he ever claim any part of the glory of the achievement? establish a claim on the part of the officers of the Syren. Vever. Instead of attributing to himself any part of the The applicant has held back until this moment, and, when lory of that act, he has always, with the generosity which the blank is just filling, claims his share of the appropriaa always found among brave men, extolled the conduct tion. I differ, said Mr. T. from the gentleman from Ohio, of Decatur, and given to him the entire glory of that bril- not in opinion, but in the manner in which he states it. lant action. Commodore Stewart on that ocasion dis- I do not call this applicant a junior officer, but a young played a disinterestedness that redounds to his immortal gentleman, writing a journal for his own amusement; He was the senior officer of Decatur-yet, far and it is not wonderful that he should differ from his comentertaining jealousy towards him, he allowed Demanding officer as to the kind of service on which the to take the command, and willingly acted under vessel to which he is attached is despatched. We know him. He always was, and is to this day, enthusiastic in that every young officer differs in opinion with his comlis praises of Decatur's valor. And Stewart and Chaun- mander, for the very reason that the former knows nothing, Cy, although the Seniors of Decatur, allowed him to go the latter knows all about the matter. If any gentleman over their heads in promotion to the rank of post captain. who has the least knowledge of nautical affairs will look

SENATE.]

Captors of the Philadelphia

[FEB. 7, 1828.

seven days for that kind of wind that would enable them to enter the harbor. And when it occurred, the Intrepid sailed in, and the Syren waited without, in accordance with her orders. Her crew afterwards saw the flames from the Philadelphia; and, shortly after, the Intrepid sailed out of the harbor, so that the aid of the Syren, in picking up the boats, was not required, as was anticipat ed. But, if you look at your prize law, you will perceive that, to be entitled to a share of the prize money, a

was not in sight. She was outside of the harbor, as the journal states, in 35 fathoms of water. The principle is, that if, by being in sight, a vessel gives to another, if not actual, potential assistance, her crew is entitled to a share of the proceeds of the prize. For instance, if a sloop of war sees another sloop of war approaching her, and also within sight of a seventy-four gun ship, she will run-she ought to run-not from the sloop of war, but from a superior force that may be brought against her. If she is taken, the prize money is distributed to the two vesselsto the one for capturing-to the other for the potential aid given in the contest. But it does not apply to this case, nor, indeed, to night attacks in general. The Syren rendered no aid, whether potential or actual, in burning the Philadelphia. Her only office was to protect the crew of the Intrepid in their retreat from the harbor. But, in cases where being in sight gives a title, to what does it give a title? Why, to a share of the proceeds of the captured vessel. Such is the provision of the prize act. Here, however, is a new case. Here are no proceeds, nor does the case come within the scope of the prize act, and, therefore, the crew of the Syren have no kind of claim. That the officers and crew of the Syren did their duty had already been admitted. But that duty was not to take any share in the exploit which was entrusted to Lieu. tenant Decatur. The application, therefore, now made, could not be sustained; and he trusted the Senate would reject the motion to recommit.

at this journal, he will be convinced that the writer makes erroneous conclusions. Here it is stated, first one sail is set, then another. One tack is first taken; then it is changed: now she runs in upon the shore, where the water is shallow, and then she runs out again into 35 fathoms. Will any man say to me that she meant to fight? Any one knows better. If she did intend to fight, would she be shooting about in the manner here described? If fighting was her object, why did not she go straight forward? The same wind that carried one vessel into the har-vessel must be in sight of the action. Now, the Syren bor, would have carried in the other. The truth was, that the young journalist knew nothing of the matter. He formed his conjectures; but they are little worth. He was not consulted by his commander. He was not told why one sail was shifted now, and another afterwards. His business was to mind his duty, and obey orders. What was the real case? Several weeks previous to the burning of the Philadelphia, the plan had been conceived by Decatur, who communicated his project to Commodore Preble, and exacted from him a promise that the enterprise should be entrusted to no other officer. How then could Preble refuse to allow Decatur to prosecute his enterprise? He was bound in honor to grant his permission. For he who had planned was entitled to the privilege of executing. He therefore manned a small, worthless vessel-I say worthless, said Mr. T., for I assisted afterwards to condemn her. She had been captured for attempting to violate the blockade of Tripoli. In this vessel, with four carronades as her armament, he entered the harbor in the night. As to the vessel, she was not cared for. If she was burnt, nothing would be lost. But to bring off the gallant crew was the object; and for this the Syren was ordered to cover and assist in their escape. The time will come, said Mr. T, when the true character of Decatur will be known and appreciated by his country-when the unequalled gallantry of his achievements will receive its meed of renown. No man was more deliberate in his conduct than Decatur. In carrying into effect this most daring project, he was directed by the coolest judgment. There was nothing rash in his conduct, although nothing could exceed his intrepidity. He knew that he should be carried into the harbor by the wind; but that the same wind that carried him in, would prevent his coming out; and that for his escape he must depend upon his boats. But, sir, said Mr. T., there was in this event a memorable circumstance. That Providence which has so often seemingly interposed to direct the des tiny of our country, ordained that, at the very moment when the flames were enveloping every part of the Philadelphia, and when the batteries had opened a tremendous fire upon the Intrepid, the wind changed, and she came out of the harbor with swelling sails. All the circum- Mr. CHAMBERS resumed. I stand corrected. The stances of the enterprise were previously communicated gentleman admits that the young gentleman's account to Preble. He knew the tenfold perils to which it would agreed with that of his commander; but his inferences expose the hero who planned it, and those who accom were incorrect, because he did not know as much as his panied him. And would he have allowed those seventy superior officer. Now, sir, let us see what proof we gallant men to go alone from Syracuse to Tripoli, on so have that the Syren took a position to aid Decatur in hazardous an exploit, without some force to aid them in his attack on the Philadelphia-there is the fact, not their escape? Would he expose those heroes to perish denied, that Decatur sent for a reinforcement; and the for want of assistance? If he had done it, he would have order of Commodore Preble to Decatur, that he "would deserved to be shot: therefore, he assigned to the Syren proceed in company with the Syren, which would assist to accompany the Intrepid-not to fight, but to cover her with her boats and crew, and would cover his retreat." retreat-to pick up the boats as they came out of the har- The gentleman had asked why, if the Syren was associ bor, and save them from a pursuing enemy. Commodore ated in the expedition, she was not in the harbor Stewart performed the part allotted to him with judgment And Mr. C. supposed he intended to imply that she was and promptitude; and he deserved the praise which he not associated with the Intrepid. The answer to that received for his conduct. Such is the account given by question is not to be given gratuitously by me; but is to be Decatur, and such is the account given by Commodore found in the official report. The Commodore there says, Preble. But here is the account of the affair by a young that the Syren, not being able to enter the harbor, anchorman, whose only misfortune was, that he did not under-ed at some distance from it, and was thus not able to rende: stand his commander's intentions, which would give an entirely different view of the matter. By a reference to the official accounts, it will be found that they had waited N.

Mr. CHAMBERS said that he had presented the statement of Mr. DeKrafft in pursuance of his duty, and he now rose to defend him from the animadversions of the gentleman from Virginia. He could not see in that paper any cause for the remarks of that gentleman. The remark that this journal was the language of a young gentleman who did not know as much as his commanding officer, and yet undertook to contradict him, seemed quite gratuitous.

[Mr. TAZEWELL rose to explain. He said no such thing. He said that this young man might be correct in his statement; but did not know the motives of his com manding officer.]

so efficient service as she would otherwise have done. But does he neglect the fact that assistance was given? He only remarks, that it was not as efficient as it

[blocks in formation]

might otherwise have been, and as was intended. Decatur, in his statement, also says, that the Syren gained a station without the harbor. The opposition which the document presented by me has met with, has induced me make use of the materials which I have at hand to support the claims of the officers of the Syren. I maintain that they were detailed upon that expedition, and that they did render the service required to the utmost of their abilty. But we are asked why they have delayed to bring forward their claim? And why, at this late moment, it is pressed? I speak, said Mr. C. from the information of the same gentleman who handed me the statement, when I say that when the bill was first brought before the other House rendering compensation to the heirs of Preble, the officers of the Syren did apply. But there may be dif. ficulties in the way of this claim. Capt. Stewart, who commanded the Syren, makes no claim, and it may be that he wishes those who served under him should not. It is not for me to inquire into his motives, or those of the other officers. If their claim, as appeared to Mr. C. was good, it was a display of modesty and forbearance which was highly creditable. This was not the question before the Senate. They were now to consider the claims of this man, and he certainly was entitled to a hearing. I am informed by a person, now in the Senate Chamber, that the facts stated in this journal, are the same as those entered in the log book of the Syren. The facts are accessible, as they are to be obtained within the limits of the District of Columbia. And all that is asked is a delay sufficient to investigate the merits of the claim.

We are also told, said Mr. C. that the claims of the officers of the Syren do not come within the prize act. Well, sir, suppose they do not. I say also that the prize act does not authorize the payment of the heirs of Decatur, or the crew of the Intrepid. The bill is founded on a kind of analogy. The case is not admitted under the prize act, but it bears so close a resemblance to those that do, and exhibits a species of claim so similar to those which come under that act, that justice seems to reason strongly on its side. Those who have achieved daring acts, and destroyed the property of an enemy, are, on such a principle, deemed worthy of reward. It has been questioned whether the Syren was in sight or not. But there seems no cause for that doubt, as signals were made and answered by the Intrepid and the Syren.

These explanations, said Mr. C. I have made to show that there are circumstances, which can be brought be. fore the committee, and which are within their reach, which give good reason to look upon the claim of the officers of the Syren, as probable at least. He would not have advocated this application, had he believed that it would delay or seriously obstruct the bill But that could not be, as the witness was now on the spot ready to be examined. The consumption of time could be but inconsiderable, and in a few hours the Committee would be able to report upon the application. Neither did he think that the fact that these meritorious officers had declined, for twenty years, to bring forward, their claim, ught in the least to affect the question, which related alone to the merits of the case. Hle, therefore, could not but desire that the paper might be referred to the Com

mittee.

Mr. VAN BUREN was not pleased with the time which had been chosen for presenting this document. But the statement itself was a very lame one, and he hight failed to sustain the claim of its author. In the irst place, it did not appear by whom this statement was to. And then the grounds on which the co-operation of the Syren was sustained, were very slight. The gentleman supposes that a signal for reinforcements proves this fact. But the signals, it is said, were exchanged at half past ten, and the boats were not sent off until some time after; nor does it appear that they were

[SENATE.

sent off in consequence of the signal. At half past midnight, he goes on to state that the boats of the brig, and of the Intrepid, appeared, and were received with three cheers-so that it is clear that the reinforcement did not assist Decatur in destroying the ship. They were probably sent off to pick up the crew of the Intrepid. The paper came before the Senate without any name attached to it, and without any satisfactory proof of its validity. He hoped no time would be wasted in its consideration: Mr. COBB could not, really, see why gentlemen opposed so strenuously the re-committal of the bill. No delay was proposed which could prejudice the bill Time was merely asked, to allow an inquiry whether the officers and crew of the Syren were not entitled to a share of the sum to be given to the participants in the destruction of the Philadelphia. Gentlemen wish to reject the application without any inquiry. Now I am not so certain that this claim is not a valid one. Commodore Preble tells Decatur that the Syren will accompany and sustain him with her boats, and will cover his retreat. It is proved that the boats were dispatched, and, if so, what was it done for, but to support the enterprise, and aid in its completion? The Syren was not there, as had been represented by the gentleman from Virginia, to sail about the harbor, but to fulfil the orders of Commodore Preble. He did not know whether, in similar cases, persons so engaged had or had not a claim to consideration, or whe. ther they came under the prize act. The gentlemen who opposed this statement did not state that, in all the particular prize acts, there was no such precedent. Let us have the facts, and let the Committee, who understand the matter, report upon them. Commodore Stewart was now in the city, and all the circumstances could easily be ascertained. He would make one additional remark. It appeared to him that the Senate was hurrying this bill too fast. The event happened twenty-three years ago. Decatur never asked for compensation, and his legal representatives did not present their claim until several years after his death. And now they were hurrying this bill through the Senate with a despatch, which was, at least, uncommon. They would not even allow of suffi cient delay to inquire whether there were not other equally meritorious claimants. He thought the Committee ought to inquire whether these men, especially the crews of the boats, were not entitled to share in the compensation. Let us have their views on the subject. He would have moved to lay the bill on the table, but would not interfere in the course taken by the gentleman from Maryland.

Mr. HAYNE said that the Committee had been charged, by the gentleman who has just taken his seat, with hurrying this bill through the Senate. In reply, he would observe, that the bill was reported six weeks since, and that it had laid upon the table during the whole of that time-and that he had given notice, several days since, that he should move to take it up-and had been prevented from doing so, from time to time, by the interposition of other business. And now, after this subject has been repeatedly delayed, they were asked to prolong it, because a paper, of the very lightest kind that had ever been presented to a legislative body, carrying with it no semblance of evidence, was thrust in its way. And the gentleman from Georgia thinks the bill is urged with ominous haste, because we are not willing to accede to this proposition. Who, I would ask, is Mr. De Krafft, for whom we are to stay the action of the Senate on this matter? Had he a plain and sustainable claim, would he not have presented it before-when this bill has been two years before Congress? Such a precedent would be a bad one, and would lead to an endless protraction of business. The Senate ought not to consent to the recommittal; and, for myself, I will never consent to it. But, said Mr. H., suppose all the allegations in this worth

SENATE.]

Captors of the Philadelphia-Case of Abraham Ogden.

less paper to be true-I will read it, to show that it does not establish any thing. What does it tell you?

[Mr. H. here read the statement.]

[FEB. 8, 1828.

Mr. CHAMBERS observed that the paper had been handed to him this morning, and he had not at first per ceived that the name of the applicant was not subscribed to it.

Mr. NOBLE asked the yeas and nays on the question; which call being sustained, the motion to re-commit was rejected by the following vote:

YEAS-Messrs. Bateman, Bell, Berrien, Chambers, Chandler, Chase, Cobb, Eaton, Knight, Macon, Noble, Ruggles, Thomas, Tyler, Williams-15.

NAYS-Messrs. Barnard, Barton, Benton, Bouligny, Branch, Dickerson, Ellis, Foot, Harrison, Hayne, Hendricks, Johnson of Kentucky, Johnston of Louisiana, Kane, King, McKinley, McLane, Parris, Robbins, Rowan, Ridgely, Seymour, Silsbee, Smith of Maryland, Smith of South Carolina, Tazewell, Van Buren, White, Willey, Woodbury―30.

The question was then taken on the notion of Mr. HAYNE, for filling the several blanks of the bill, and it was agreed to.

Mr. SMITH, of South Carolina, offered the following proviso to the bill-which was agreed to :

The Syren arrives at the harbor, and sends off what he calls reinforcements-that is, two boats' crews of men. And what did they do? Did they aid in the fight? No. They merely did what they were ordered to do. They aided in the escape, or, rather, guarded the escape of the victors. And now that I look more closely into the papers, it appears that the two vessels were despatched for entirely distinct purposes-the Intrepid to burn the Philadelphia, and the Syren to cover the retreat of the Intrepid's crew. I hold in my hand, said Mr. H., the despatch of Decatur, than whom a more disinterested being never breathed. And does he say that he received any aid from the Syren? No. He says that the boats of the Syren covered his retreat, and in no other part does he mention her. And, had he received assistance from the Syren, would he not have admitted it? Nay, more. When he returned home, he was required to give a list of the officers and sailors who partook in the enterprise of burning the Philadelphia. He did so-but he did not give the name of a single officer or sailor belonging to Provided, That the Accounting Officers shall in no inthe Syren. Here, also, is the despatch of Commodore stance pay over any portion of the moneys herein appro Preble. He declares that this gallant action was achiev-priated to any other person or persons whomsoever, the ed by Lieutenant Decatur and the crew of the Intrepid. distributive share due to the proper persons herein proHe performed the deed alone, and to him and his asso- vided for, to any other person or persons whomsoever, ciates belonged the renown and the reward. Had he than to him, her, or them, for whom it is appropriated, or waited another half hour, for aid from the boats of the to his, her, or their legal representative or representa Syren, he would have failed in the expedition. The boats tives, first fully ascertained to be such by the said acsent off, as mentioned in this statement, were intended counting officers. Nor shall any contract, bargain, or to cover his retreat-in that they performed their part. sale, of any such distributive share to any other person But it gave the crew of the Syren no share in the enter- or persons be in any wise obligatory on the vender, but prise. He would ask, in conclusion, if gentlemen could shall be held to be null and void, to all intents and pur believe that any man, who was not in the Intrepid, was poses. entitled to come in and receive a share of the compensation awarded to the gallant seamen who withstood the perils and achieved the glory of that action alone? As a Senator, standing in his place, he protested that he could not conceive how the least shadow of right could be assumed for delaying the bill a moment on such grounds as the flimsy statement in question offered.

Mr. CHANDLER could not look upon this subject in the same light as it was viewed by the Chairman of the Naval Committee. It was said that the boats of the Syren gave no aid to Decatur. That might be: but, supposing the action had been protracted, would they not have rendered their aid? Besides, he could not think that they rendered no assistance. They certainly covered the re. treat of the crew of the Intrepid, which was all, perhaps, that the circumstances would admit. As to the reason why they had not applied until this time, he believed it was because they thought, with Decatur himself, that they had no claim. But, seeing that the bill might probably pass, they come in for their share.

Mr. VAN BUREN remarked, that a list was reported of the officers and sailors engaged in this brilliant action, in order that they might receive double pay-and not an individual belonging to the Syren had been mentioned in that list. Now, can it be tolerated, that, at this late day, the officers and seamen of any other vessel than the Intrepid shall be allowed to step in and share the glory and the reward of these brave men? The proposition was, he thought, in the highest degree offensive.

Mr. CHANDLER thanked the gentleman from New York for having given him some knowledge which he did not before possess. It now appeared to him that the Government settled the whole affair at the time, and, therefore, Congress need do no more about it.

Mr. VAN BUREN said that the officers refused to receive the double pay. The sailors did receive it. But it was given by the Department, and Congress had thing to do with it.

no

FRIDAY, FEBRUARY 8, 1828.

CASE OF ABRAHAM OGDEN. The general orders of the day then occurring, the bill for the relief of Abraham Ogden and others, was read. The report of the Committee of Commerce on this bill, was read, on motion of Mr. WOODBURY.

Mr. WOODBURY remarked, that a motion had for merly been made to fill the blank in this bill with the sum of one thousand dollars. At that time he had stated that the difference of opinion in the Committee arose upon the question whether the whole time of the demurrage ought to be paid, or only that part of the delay which was caused by the United States' Agent. The majority were in favor of paying only for the delay caused by the Agent of the United States.

Mr. FOOT remarked, that, before the petitioner can be entitled to the relief proposed by this bill, it is incumbent on them to prove that the loss has been occasioned by some act or negligence of the Government, or its agents; and that there has been no fault or negligence on their own part; and further that the claim might be enforced against an individual, either in a Court of law or equity. The report of the committee did not satisfy my mind, [said Mr. F.] that the petitioners were entitled to such relief; and the explanation of the Chairman created still greater doubts. The committee have very correctly decided that the petitioners can have no claim on the Government for the loss of the vessel; and they reject the claim on the ground that the petitioners have not used due diligence and care to avoid the loss, because they say this loss might have been prevented by insu rance. But, Sir, the ground on which the committee found the right of the petitioners to the relief proposed by the bill, is, to my mind, far more objectionable. It is on a contingency, against which the petitioners might have guarded with much more care, and without any ex

« AnteriorContinuar »