The Congressional Globe, Volume 13, Part 1: Twenty-Eighth Congress, First Session Page: 57
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CONGRESSIONAL ©LOBE.
£7
ferred to a select committee of five. The reason for
that motion, he said, would be obvious, -when Sena-
tors reflected for one moment that the same course
was taken with a similar bill heretofore. The meas-
ure is the same as was presented to the Senate in
J838—indeed, as far back as 1820; and the usual
course was to refer it to a select committee. Another
reason for the reference he now proposed was, that
he had examined the debates on this subject, and
the course Senators had heretofore taken; and he
found that a majority of the standing committee to
which it would be properly referable, were opposed
to the bill; and there is no other principle of parlia-
mentary law better settled, than the one that a bill of
this impoitance should be committed to a committee
of its friends.
The motion was agreed to; and the Chair was
authorized to appoint the committee.
The following Senators were appointed to con-
stitute the committee, viz: Messrs. Atchjson, Wal-
ker, Sevier, Merrick, and Phelps.
On motion by Mr. FOSTER, the Committee on
Claims was discharged from the further considera-
tion of the petition of Benjamin Adams, and others,
of Boston, praying for a remission of duties under
the act of 1833; and it was referred to the Commit-
tee on Finance.
The PRESIDENT laid before the Senate a mes-
sage from the President of the United States, cover-
ing a catalogue of the books in the office of the At-
torney General; which was ordered to lie on the ta-
ble until similar reports were received from the
other departments.
Mr. FAIRFIELD presented a petition from Mel-
vin Pool, asking a pension for injuries received
while in the military service of the United States;
which was referred to the Committee on Pensions.
Mr. RIYES presented a memorial from George
Taylor, of the District of Columbia, praying in-
• demnity for losses sustained by him by French
spoliations prior to 1800: referred to the Committee
on Foreign Relations.
•Mr. JARNAGIN, from the Committee on Revo-
lutionary Claims, reported a bill for the relief of
Eneas Munson; which was read, and ordered to a
second reading.
The following resolution, submitted by Mr. Ben-
ton yesterday, came up, and was agreed to:
Resolved, That the Committee on Naval Affairs be di-
rected to inquire into the expediency of establishing a man-
ufactory on the Mississippi river, for the purchase and
manufacture of domestic hemp for the use of the United
States navy.
The following resolution, submitted by Mr.
Breese yesterday, came up, and was agreed to,
viz:
Resolve,I, That the Secretary of War be instructed to in-
form the Senate how many leases have been executed by
the United States agent for the lead mines in Illinois and
"Wisconsin, from the 4th of March, 1837, to the 4th of March,
1841; and how many, since that time to the present time, ot
the mineral lands therein; of the number, names, duties
and salaries or other compensation of the agents emplo} ed
by him in leasing said lands, and collecting the rents there-
of; the amount of rent collected from the 4th of March, 1841,
up to the time of the last returns; what quantity of land
has been leased, and how many persons, as near as can bo
ascertained, are engaged in mining, m farming, or in mining
and farming, on the same tract of land, in the so-called rain-
eial district of Illinois and Wisconsin, and further, to re-
port to the Senate if any difficult) hah. occurred, and what,
in leasing said lands, or any part thcieof, and in collecting
the rent stipulated therefor.
The PRESIDENT pro tem. announced that the
first thing now in order was the bill reported from
the Committee on the Judiciary, for thi settlement
of the title to the Pea Pach island, in the river Del-
aware.
The bill was accordingly taken up for considera-
tion, as in committee of the whole.
Mr. DAYTON observed that he did not know of
any objection to the bill, as it v.-as the same in sub-
stance as that which had last session passed the Sen-
ate unanimously; but noticing that two Senators
who took an interest in the bill were not in then-
places, (one from Delaware, and the other from
New Jersey,) lest objections might be raised in
their absence, he thought it would perhaps be bet-
ter to let the matter lie over for another day.
Mr. BUCHANAN asked if the two Senators
now absent had voted lor the bill last session?
Mr. DAYTON replied that they had.
Mr. BUCHANAN urged that, in that ease, there
could be no objection to going on with the bill. He
desired earnestly that this subject should be brought
to a conclusion. The city of Philadelphia has been
left undefended, simply because Delaware and New
Jersey cannot agree about this Pea Patch island.
Mr. DAYTON said, the long delay in the settle-
ment of this question was not for the want of a dis-
position on the part of New Jersey, her courts, or
her representatives, to have itsettled. This bill was
agreed upon the last session of Congress by the
Senators from the States of Delaware and New
Jersey. It was passed unanimously by the Sen-
ate, but failed to receive the action of the other
House.
The bill was then read through, as in committee of
the whole.
Mr. TAPPAN said this subject had been in con-
troversy for twenty years or more. He noticed
that the controversy was proposed to be adjusted
by referring it to the arbitration of Horace Binney,
an eminent lawyer. He thought it almost impossi-
ble that this, a controversy of such importance in
that quarter, could have existed so long without the
employment of Mr. Binney, on one side or the other,
as counsel; and he regarded it as improper and inex-
pedient for the Government to submit a question of
this sort to the arbitration of an individual who was
interested in the result. Why should not the sub-
ject be sent to the Supreme Court of the United
States—a tribunal known to be disinterested and in-
dependent? They would render a decision that
would be satisfactory to all the parties concerned—
to the whole Union. There was no necessity for
passing a law to submit the case to Mr. Binney, or
to any other person, when it could so easily and ap-
propriately be brought before the Supreme Court of
the United States for decision. He moved that the
bill be recommitted to the Committee on the Judici-
ary, with instructions so to amend it as to refer the
controversy for decision to the United States courts.
Mr. DAYTON obsvrved that it was on the possi-
bility that some objection might be taken by some
gentlemen unacquainted with the circumstances of
the case, that he had proposed laying the bill on the
table till the absent Senator from Delaware should
come in. Had the "Senator from Ohio [Mr. Tap-
pan] been acquainted with the facts, he (Mr. Day-
ton) felt satisfied he would not have raised the ob-
jection. Mr. Binney had never been retained as
counsel in the case. * The whole matter was well
considered last winter by the parties interested, be-
fore they agreed to select Mr. Binney as the referee.
There is no question of title now at issue, that hav-
ing been settled by one of the circuit courts of the
United States, on an action brought, and judgment
obtained. Judgment had been pronounced, on the
finding of a jury in that court, to which the opposing
counsel took no exception.
The controversy had heretofore been as to the
! right of jurisdiction between the States of New
] Jersey and Delaware, and with regard to the claim
i of property in the island between the individual
now claiming and the General Government. The
State of Delaware had ceded her interest in the
island to the General Government, and had now
agreed with the individual claimant and the State of
New Jersey to the arrangement proposed in this
bill. All the parties had agreed to refer the matter
for adjustment to Mr. Binney, and it was hoped
that no exception would be taken to this arrange-
ment. But as it had occurred that an objection was
raised, he (Mr. D.) thought it would be better now
| to let the bill be laid on the table, with a view of
J taking it up for consideration another day, unless
■ the Senator from Ohio [Mr. Tappax] was satisfied
; with the explanation given, and would withdraw
' his objections.
1 Mr. BUCHANAN said that as it was his inten-
I tion to leave the city tins afternoon for a few days,
| he desired, while the bill was up, to make a few re-
i marks on the subject. This controversy had existed
! for a great many years, to the great detiimcnt and
prejudice of the State of Pennsylvania. It had been
a never-ending source of controversy; and now that
l the parties have agreed to settle it, it is certainly
I extremely desirable that the adjustment should be
' made speedily. It is particularly important to
' Pennsylvania, because Pea Patch island is the only
' point, he believed, in which the Delaware could be
I defended. Now, he admitted that this was an
! awkward mode of settling the question; but it would
! be recollected by the Senate, that the ccjfroversy
' existed between two sovereign States of thnj Union.
The State of Delaware did not feel itself bound by
any act of the Stale of New Jersey. Each State
controverted the right of the other to jurisdiction
over the island until this day; and now, when both
these States, and the individual concerned in the title,
concurred in leaving the matter to be finally deter-*
mined by Mr, Binney, whose determination can
be made within two weeks, lie (Mr. B.) would be
very sorry indeed that the bill should be delayed; for
he feared it might lead to another postponement of the
question for eight or ten years. He hoped that his
friend, the Senator from Ohio, would not permit
this postponement to take place. He hoped that
the Senate would not object to the course which the
parties had agreed upon. At the same time, he .was
perfectly willing, if the Senator from Ohio still de-
sired it, that the bill should lie over for the present,
with the understanding that this subject of everlast-
ing litigation should speedily be brought to a close.
Mr. BENTON, afterafew remarks, not distinctly
heard by the reporter, was understood as takings
view of the subject different from that taken by the
Senator from Pennsylvania, with regard to the ne-
cessity on the part of the United States, of submit-
ting her interests to arbitration. The selection of
Pea Patch island by the General Government
was made more than a quarter of a century
ago, because it was an important and suita-
ble place for the erection of works for the de-
fence of the Delaware. Having been selected as
a place material to the whole Union, Congress made
appropriations for the erection of fortification?, and
possession of the island was taken by the Govern-
ment, and some of the works were constructed.
This the Government had a right to do; and now all
that remained to be done, was to pay whatever
claimant should prove to be entitled to payment.
The business of the Government was to defend the
Union, and to take such steps as should be necessa-
ry to allow that object. The Government was not
to let a great commercial city be without its neces-
sary defence, pending any controversy about State
jurisdiction or individual right of title. Its business
was to take possession, and go on with the necessa-
ry works for the public defence, and then pay the
person for the property taken on proof of title.
Now, he (Mr. Benton) saw no reason why the
claimants could not show their title to Congress
as well as to Mr. Binney. Was it not proper that
the representatives of the people of the United
States, and of the interests of the United States, should
adjust their own business without any reference to
Mr. Binney or any one else? He had no idea of
permitting the interests of the United to be submit-
ted to an arbitration of this kind. Let not Congress
for a moment admit that it is not competent itself to
settle its own affairs, or that it is necessary to em-
ploy a referee to adjust a matter in _ which its
course is clearly pointed out by the Constitution.
Mr. BUCHANAN wished to say a word in re-
ply to the Senator from Missouri. He thought his
honorable friend was wrong in regard to the con-
stitutional law upon this subject. Private prop-
erty may be taken possession of by the Government
of the United States; but such property must first
be paid for. The United States had obtained the
cession of the island from the State of Delaware,
and now the individual claiming the title, and the
State of New Jersey, have consented to the man-
ner of adjusting the only thing left yet to be
settled. But the Government of the United
States has no power, and God forbid she ever should
have any, to take from individuals their property,
without damages having been first assessed and
paid. As to the Senator from Missouri, he (Mr.
Buchanan) conceived he was wrong in his consti-
tutional law on this subject. This Government has
no right to settle down upon the principle of taking
property vi et He did not believe that any
other country had adopted, or acted upon, such a
principle. He believed there was no other conceiva-
ble mode by which this question coidd be settled;
but he confessed that, were it not for the delay, he
would prefer having the matter adjusted by the {su-
preme Court of the United States. There seemed,
however, to be so much difficulty in the question of
jurisdiction between the States of Delaware and
New Jersey as to render it almost hopeless that the
matter could there be settled within any reasona-
ble period. But for this, he would have bo
preference for the reference proposed in this bill.
It provides—and I am very glad that the legal
owners agree to the arrangement that uie value ot
the property shall be assessed, as if taken at th©
time when the Government first took possession of
it with legal interest on the amount from that time
to the present. He was very willing that the qui
should lie over for the present; but he did hope that
the Senate would dispose of it as speedily as possi-
ble and thus get rid of this very protracted question.
Mr. TAPPAN thought the Senator from Pewj-
I sylvania was mistaken as to the law on this point*
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United States. Congress. The Congressional Globe, Volume 13, Part 1: Twenty-Eighth Congress, First Session, book, 1844; Washington D.C.. (https://texashistory.unt.edu/ark:/67531/metapth2367/m1/81/?rotate=90: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.