The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-23

I
House Committee Claims reported a bill like that be.
before the Senate wthonthese additional words The SEN
ate Committee on Claims reported similar bill The case
acted on IN either House examined the case
thoroughly al last session, and believe reported from
the committee. then thought the bill should inclu lie
the COOL but majority OF the committee did not then
agree with me. AT this session the petitioner presented
additional evidence, and the case was recommilted
10 the committee, and II recommends the additional
words, land other property" to any allo vance
that may be proper Tor the goods Ii mistake not the
House committee have, at this session. made similar
amendments to lis bill of last session NAV err in this
but am inclined To think II is | place this claim,
WIN respect 10 the goods, upon the broad principle
That, by The act OF the government and OF its officers,
Slr. Harmony wa, prevented from realizing anything
from his goods. He lost them by the of the officers
tie Is entitled to be made whole think it unjust to
strict The allowance to the mules and wagons only The
petitioner, If he bad not been meddei with, if his
wagons and mules had been lie, alone, would have been
enabled 10 have taken care OF his goods, and probably
saved them. When his teams given up 10 him, and
received under protest, they ruined, and much
so that ne could nor save his goods regard this case
as an eineny Just one, and as much so with respect to
the goods as the leans II preposleous to 10
say that we should pay for one, and not for the other
can | have listened 10 the remarks which have been
made with great deal of attention. wish to ask those
informed upon the subject, whether this bill proposes
refer the question OF the liability OF the United States
also 10 the officer
Mr. MASON answered that it did not
| Mr. WALKER. Thea lis being referred to ascertain
the amount OF damages, does not understand, leave
any question he decided by the Secretary in regard
to the protection OF the interests OF the government
The question Is merely what amount of damages
for which the government is liable; and the matter
to be decided by the Secretary would be very limit
ed; 1t would be simply to inquire what was lost,
not what lost for which government was liza
BILE. wish to ask another question with relation to
MIR. Harmony When at Santa Fe in advance of the
troops, as understand it, and by the permission of
officers Tor what point was he destined Was 1t for
chihuahua?
Mr.: MASON. beg the indulgence of the senator.
Gen Kearny's command was to take command OF the
province OF New Mexico. and then with portion of his
troops TO proceed to Chihuahua presume Mr.. Har
mony was on his way TO Chihuahua, and there
when he was overtaken, not by General Kearny, but by
Mr. WALKER That was the observation-disclosures he
was going. TO Chihuahua. | am answered. That was
his route he overaken. If left TO his dscre-
ton, what point would he have reached 1t is 10 be pre-
sumed he would have reached Chihuahua. But they
overlook him, and he was ordered TO position in the
of the army Now, the Secretary of War says that
the order Is TO be construed in reference to the position,
not AS compulsory order to ADVANCE with the troops.
Mr. MASON remarked that the letter of the Secretary
of War referred to the order of Gen keany's command
! Mr.. WALKER. That refers TO different command,
but the presumption with me is that II would much bet
ter apply to this case where he commanded take
position in the of the army For this reason, it
would be futile to construe the order advance
| consider il in that lght-that the order was simply
as to position and that he did not go against his will,
Tor he reached the very point where he would have
| had the troops not overaSen him a. ali.
! Mr.. UNDERWOOD. You are mistaken, sir. After
he got upon the RIO Grande he compelled to go
There was no discretion left him.
Mr. WALKER. When he gets to Chihuahua, it APP
pears that he finds himself in the midst OF an euemy to
his country Would he not have been obliged, ii he had
gone alone TO abandon his goods, having means OF
taking them on What deprived him of the means OF
taking his goods on
| MIR UNDERWOOD Because his wagons were broken
down, and his mules worn out
| Mr. WALKER How did that occur'
| Mr. UNDER WOOD. BY forced marches
MIR WALKER Ind ypffh very nd nj claim ia
that he not allowed to make still more forced
marches that he detained by the order of Col Dom
phan He complains of forced marches AMI yet he
plains Of his wagons and mules being broken down in
| that way. We find him in Chihuahua complaining that
be was detained, and not able TO reach there in time to
make his sales la that way see the government
Is about be made liable for that for which #
all to blame Now, in relation to a suggestion Of the
senator from Kentucky, Mr.. UNDERwooD] in which be
suited from duty which the officer owed to the United
States and il he found individual there with goods Of
contraband character with Spanish passport IN his
pocket, in advance OF the army, say, sir, it his
duty, and he ought 10 have executed he did and
command HIM To remain in the army and neither give
him opportunity TO step aside to in advance and
| the enemy.
The senator from South Caroline has sad-and agreed
with hlm-hat this Is very nearly an act OF treason, tor
| which this should have been punished. | do not
wish here to make the charge against HIM as an lndi-
vidua but think il amounted very nearly to an act OF
treason, and that perhaps the officer ought not only to
|
thing singular and strange about It, he was permitted to
90 with the army, and forcedto abandon his goods
at point and under circumstances where he would have
been obliged to abandon them if he had been permitted
TO at his own suggestion, as 1t seems he intended to
do when he left Santa Fe for Chihuahua This is the
view take If misnformed upon any of these points,
should feel very grateful for nformaton to enable to
do this justice If there is justice this claim,
10 vote for 1t; but 1t really looks to me like
dangerous precedent to reward for his wrong
1t seems to that ii would very much prejudice the IN
terests OF the country.
Mr. BRADBURY will detain the Senate for put a
moment. When the petitioner left Santa Fe with his
train, he left for chihuahua. He left for enemy's
country, and he knew the hazards of his expedition
Colonel Donphan overlook him. and they proceed to his
place of destination We find him. then at the very place
Tor which he set out before Colonel Doniphan fell in
with him. He unable TO sell his goods because
Colonel Donphan had invaded the country; and are
sustained, regard ii, by reason OF that INVASION
recognise the JUSTICE OF the claim for all property
applied the OF Colonel Doniphans command
For this he is Justly entitled to pay. But cannot 60
further and assuredy cannot do IT until we have
an opportunity to examine fully the facts with Col
| Doniphan before committee
i Mr.. HALE wished to inquire of the senator from
! Maine who admitted that Colonel Donlphan seized the
wagons, mules, and drivers, what would have become oil
The goods in that situation What would they have
been worth when the government had taken away the
| mules, wagons, and drivers y
i Mr. BRADBURY. The goods were never taken pos.
session OF by Colonel Doniphan otherwise than By d.
rectDg that they should be moved in the of the
army The mules and wagons were, of them
temporarily employed in the public service, and were
damaged in that service
4 Mr. DOWNS made remark which inaudlble
! Mr.. UPiAM stated that he would be willing 10 pay
for the property taken for the OF the United States
40 hal no am IN