The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-01-05

troll OF MIR tallaghan himself thought if he retained
the control Of the goods the Rio Grande after Colonel
Harvey left there far they left in his hands
he had right dispose of them for his own use, and
take upon himself risk by uniting with the army; and
that extent, think he ought not TO be paid for them
For this wanted that part OF the bill stricken
out, that might have opportunity OF voting Tor the
Mr.. PHELPS | think can relieve the Senate of all
difficulty by an amendment which will offer propose,
sir to strike out the seventh line of the BILL and insert
these words And delivered to the officers OF the army
for the use Of the army" and also to strike out the
presson to prevent the said merchandise from falling
into The hands OF the enemy"
This, of course. will grant payment for such goods
only as were legally sold to the United States and be-
the property of the United States and it will refer
the question Of fact whether these goods destroyed
having been converted to the United States or not
back TO the accounting officers.
The question having been stated upon Mr. PHEIPss
| yMr MASON said reported this bill from the CON-
mttee at the last session of the Senate The claim was
very thoroughly examined by the committee, and be-
eve by every member of the committee II was discuss
ed and debeated upon, and retained IN the committee
appears from the records during the month of july
with view to satisfy themselves upon the facts; and
although certainly do not mean to complan yet TO dis
cuss questions OF fact which have been settled IN com
committee in most ungracious position before the Sen
ate No. sir; it is impossible for senators, upon mere
private claims, 10 examine for themselves adiciously
what the facts are They settle the principle, but
pprehend that is impossible that they should settle the
facts Of each case.
these Col. Harney. undertaking military expedition
from San Antonio, in Texas, to the Rio Grande found
necessary to maintain that expedition and TO make the
contract out of which this claim arises. Now whether
this was authorized or an unauthorized expedition,
apprehend will not vary the question OF right to the least
extent; In order 10 maintain this expedition ne was
obliged to make this contract and the report states what
the contract He contracted that Bryan Callaghan,
responsible merchant OF San Antonio, should accompany
proceeds of the sale thereof should furnish the army
with supplies, under the direction of the quarermaser
Col Harvey for the purpose Of assisting his expedition
made contract with Mr. Callaghan to go with him, and
dispose of his goods under the direction of the quarter
master, stated by the honorable senator from Texas,
who supposed to be acquainted with the subject from
his personal knowledge because the expedition would be
better supplied on the way by having the merchandise
than the silver Be that as it may Colonel Harvey made
the contract Was he authorized to make IT, | appre-
presumed at least to carry sufficient authority with him
to subsst that expedition by the way II he does it
and i would be very difficult to carry on military
expedition were this principle TO be otherwise He
contracted with the merchant to accompany hun with
chandse was understood to be subject, to the order
of the quartermaster for the OF the army until
it had reached the Rio Grande. The .quartermas-
ter certifes that Mr.. Callaghan accompanied the
petition with q stock OF merchandise, which stock
subject to his order after the same reached
the Rio Grande. suppose the inquiry to be, from the
honorable senator from Kentucky, whether the merchan
disc placed under the control and subject to the order
Of the quarermaster of the expedition and whether this
was so Dy ORDER OF the commanding OI1cer IL appears
that SO much Of them not used by the way was
deposited upon the Rio Grande and used for the purposes
Of this expedition Col Harvey the officer in command,
was recalled and left an officer there charge of this
merchandise, which necessarily government proper.
ty II would seem to be contract OF this character
Let the government have the OF this merchandise, and
you shall be paid for it, as far II is used, by drafts
upon the government and presume il any portion OF it
had been turned TO Mr. CalIaghan would have be-
again his individual property and the responsibility
of the government for would have ceased But appears
ALSO by the certificate of Col Harvey and the qnarermaster
that when Col Harvey recalled twas leftin charge
OF the officer with the military detachment upon the Rio
Grande and that the officer founl it necessary destroy
it when he abandoned the post Now, was it destroyed
the property Of the merchant or as the property OF the
government There is evidence whatever before the
Senate that turned by the government to
Calaghan private property and it will be perfectly i'm
material as far as the payment is concerned whether the
government pay him for the whole property, or whether
they pay him for such portions Of j as they used them
selves, and afterwards pay him Tor the residue be-
cause they destroyed Ia either event, he would
receive the whole of his claim. | think il would bel
better under the present circumstances to leave the
bill as it is. is very certain that the individual lost
Under whG. s O. control hs Of O sn by
lowing it to go from San Antonio TO the Rio Grande
presume that the facts are, that the property remained
upon the Rio Grande--so much had not been used
in charge of military officer, and he used there as
they had used upon their march; they sold il from time
to time for the use of the army. When Col. Harvey
abandoned the post and returned to San Antonio, this
property Under his CONTROL as the document says pre-
cisey in the manner and to the same extent as be-
fore II under the control OF the quaTteraste what
extent that They were placed there by contract,
for the use OF the army to be accounted for The officer
did not take the property back with him, but he destroy
ed it the property of the government submit. then,
with all Difference to the honorable senator from Yer
mont that if his object to pay the claim for property oil
which the government had the use or took and destroy
ed it's property, it would be better to allow the
bill to pass.
Mr.. PHELPS One word, Mr.. President, in expIana-
ton. understood the senator from Texas. Mr. RusK,l
who advocated the bill, to put it distinctly upon the
ground that the government were to be considered as
having become the propreors OF this property by pur
chase II so, all agree that the payment is matter
of importance at present understood the senator
from Virginia lMr MAsoN to take the ground, and
lvered to the officers of government and put into their
possession for the use OF government and that It was
virtually sale. My proposition, therefore, if the
senators correct in the view they entertain of the
facts, is, that they shall he allowed compensation for
the whole property, and thus avoid the discussion
the fact, my amendment removes all cavl upon the
question whether government is responsible My object
is to relieve the bill from that embarrassment.
Mr.. UNDERWOOD. desire to say that am anx-
ious vote for this bill think there is force in
the remark made by the chairman of the committee /
think all the property ought to be paid for was put
into the hands OF the quartemaster OF the army for army
purposes, and the owner of the property, when he
marched to the Rio Grande, expected the ar
my would abandon him and his property there. and
leave it TO destruction. Having entered The service
OF the army with the property in this way, am in
cned TO think that every dollar of it ought 10 be paid
But the gentleman, by his withdrawal OF the proposed
willing to recognise in any way, viz: That we are
bound to pay for property to prevent its falling into
the hands Of the enemy. am not going TO vote for
bill containing any such principle am very anxious