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

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The House bill passed and them If further claim is made
that the officers in that expedition shall! be fully heard
and all the circumstances inquired INTO The petitioner
makes clam Tor about Ss0,0Do think and If II is allow
ed the other traders will for yarl with claims an
amount so large that II should make cautious in adopt
ing principle which must be followed with consequences
important.
With no desire OF doing the slightest injustice 10 the
petitioner hope the amendment will not be adopted
The question being then taken upon agreeing to the
amendment, it decided in the affirmative
The bill then reported to the Senate with the
amendment, said amendment was concnrre In, and the
bill ordered 10 be engrossed and read third time
Mr.. BRADBURY asked the yeas and nays on the pas.
sage OF the bull, and they were ordered
Mr b. asked the reading OF letter OF the Secretary of
War relative the claim, and 1t was read accordingly
Mr.. CALHOUN said that the indications OF the Senate
strong in favor OF this ball. that he did not know
what he could say would have any influence whatever
II seemed TO him OF the most extraordinary things in
the world that nerlcan trader when war being
waged between the Unite States AMI Mexico should
undertake such step this lie ought to consider him
self very happy that he escaped himself IN such
prise lie could not persuade himself but that it they
hal proceeded this man and the whole OF the company
would have been taken by the Mlexcans well the
pronerty Col Donlphan could not have done less than
he did He obliged 10 join them to his force and to
organize them. 1t would not have been wrong, in his
opinion, TO have ordered hun back with his company
He considered II as reasonable TO trade with the enemy
in time OF This iooharly expedition and Il
would have been wonder he had not lost his property
IN such an expedition And now 10 come TO Congress
ask remuneration Tor the entire loss he could not
for it lie thought the precedent very bad one, and
very dangerous one lie hopsd the SENATE wouli not
concur ~ me amendment reported BY the committee
Mf DiChlNSON. IL seems 10 me that Tue senator
from South Carolina does not understand the facts in the
understood HIM TO go upon the ground that this
man started alter the war was declared
Mr.. CALHOUN Not at all, sir. That makes not the
slightest difference The objection was TO his trading
with the enemy, knowing that war was declared, and
that he had no authority whatever
MIR DlCktNSoN. IN the hrst place. they started upon
the expedition during the time OF peace and might have
pretty high authority Tor doubling when that war CON-
menced because my friend from South Carolina on
the dag when war was declared doubted whether there
was any war IN TACT More ihan ihat, ms expedition
was going 10 trading point within the territory claimed
by one OF the States oil this Un'on-wthh our bonnda-
y where trading caravans had been IN the habit OF going
ana there nothing mat know OF IN the history OF the
whole proceeding which lends TO snow that ne di not
act IN perfect good falh ~ pr 1secnhng ms Journey HIS
Whole course was turned by the hand OF the ocers OF
the American army and for the use OF the public service
lhey were not merely directed 10 the rear but selxed
upon not only Tor public use but they performed public
service, as shown by the chairman oil the committee
Now, SIR there Is anything wrong IN paying men Tor pr
vate property taken when they are pursuing their own
purposes IN gool tah-whetheI 1t was Wise or an un.
wise expedition. would make little difference the
senator iron South Carolina right but ~ on the con,
ary TINS taken into the public service and
actually rendered public service then they ought to be
r pad tor y; COW ru. a. -
Mr. MASON. The respect that bear to the senator
from Sou,h carolina VIII not permit me 70 say Ia hi or
OF anything that has fallen from him. what might other
wise be induced to say IN reference to the remarks that
this for respect and Difference, that is unsafe
to rely upon conclusions unless you are certain OF
your facts Now, SIR he condemns tins trade as elicit,
because there was state OF hostility between the two
countres but Is matter OF any moment whether hos
tile relations existed not provided those relations were
unknown to this individual Certainly not II he
departed from Missouri to go upon this expedition in ig-
OF the fact that war had been declared here IN
Washington, two thousand miles oil, he goes innocent
if existed at all, and he violating of
the proper relations created by this new state OF affairs
none at all. Then, sir how was he situateds he hal
travelled two or three Thousand miles on this jour
ney when he was overaken by an officer commanding
detachment That o1cer, rHtMe 6elN, hal perfect
right to control that trader The law bestowed that
power upon him. do not mean that he could commit
in such case, in consequence of relations existing at
the tune, 1t devoved upon that Off GER TO determine
at his discretion, public officer, whether he
should should not pursue that trade. The officer
would have been justified in ordering the man back un
doubleday but if they did not order him back butt on the
contrary permitted him to go on, that traffic became
lie yalZed and justified, what otherwise would have been
illegal and improper Sir, the principle upon which the
committee this understand it-that though
not permitted To the citizens OF the United States to
trade with country with which they ara at war; yet II
they go with that trade in ignorance of the war; or
before commences and not restrained when they are
brought within The reach of the authority OF the govern
ment but are countenaRced and permitted Ia onwhen
that is done, shown by the letter OF Col Donlphan,
mainly if not exclusively, for the purpose OF strengthen
ing the army, becomes the government 10 pay them.
understood the senator from South Carolina to say that
this existing, this expedition unauthorized in It's
inception.
Mr. CALHOUN. Not at all.
ception, how did it become unlawful atterward.' The
officer only did him hack hut ordered him