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

York, and II was his own private adventure lie had
never before been engaged in this trade Having iet
Missouri few days before the declared he had
no know Wedge OF The After he had been some way
on his Journey he was overtalen by detachment OF
United States troops-the first detachment sent forward
think, by General kearny They ordered him to mIch
in the OF that detachment 10 Sane Fe. He obeyed
the or Ter. and with the detachment TO Santa Fe
After having been detained there for considerable time
and having paid the duty assessed upon OF every
description, with other American traders he allowed
10 depart from Santa fe He proceeded his way and
learned that they would be admitted into Mexico and
allowed 10 sell the merchandise An officer of the Eng
lsh army Captain Rnxton. came TO the encampment
and from HIM they received official intelligence that
they would be allowed 10 enter INTO the province
of Mexico, and sell the goods, though the
were about to avail themselves of that inorma-
ton, when they again overtaken by deach-
ment under Colonel Doniphan, and We're ordered TO
remain where they until Colonel Doniphan should
come up When he up he ordered the petitioner
go with him to Chihuahua. His reasons for 1t are set
forth in letter which is among the papers He wanted
10 avail himself OF the services OF the eamsers In
he should meet with superior force OF Meycans on his
He wanted further 10 avail himself OF the wagons
toform temporary fertilization If attacked lie wanei
still further 10 prevent the Mexcans IRON receiving The
supplies of merchandise which they We're carrying Tor
sale among them The petitioner submitted to.the Order
but submitted with protest; which Is also among the
papers. He protested that he should not be detained
Bat the order was peremptory and 1t Is IN proof IN the
that he against his consent, and under the pro-
test, compelled to JOIN the army under Col Donirhan
who proceeded Immediately TO organize all the eanser'
OF that eXpe ion, 300 IN number; and henceorward
they formed pat OF the army in the march. II is
farther shown, that in the action which Col Doniphan
had at the Pass of the Sacramento, these Transfers
not only rendered him services personally but these
wagons were made use of As Notification. II is
further proved that during the Journey large number OF
mules-the petitioner had 4iwere impressed by Colo.
mel Donphan, and used in the transportation OF the
artillery and baggage wagons 1t was further proved that
in consequence of their with the army, the
markets OF Mexico were closed against them; that
he unable to dispose of his goods His mules, when
he arrived at Chihuahua were utterly broken down. and
lrpip cd Inr fItu he than
piled to Col. Doniphan (and the application among the
papers and insisted that, having been brought there
against ms Will and ms expedition having been broken
up in that manner, his goods should be paid for
in behalf of the American government The Mexican
government treated those gools being brought under
the protection of enemy, and not only prohibited
| him from vending them, but all Mexican citizens
who purchased of him declared traitors, and
threatened with al the penalties of the law: The mar
ket thus closed against him. and he therefore
applied to Colonel Doniphan to receive them upon pub
lie account. These applications not answered;
but when Colonel Donphan determined to evacuae
Chihuahua and continue his march TO Saltllo he gave
permission 10 the petitioner to go with the army for
The protection OF his goods 1t represented by the
petitioner that it was utterly out of his power, on
account of the condition of his mules; but the
only alternative left HIM, he placed the mechanically
invoice minutey set out and satisfactorily provedn
tons 10 him TO hold it subject 10 The order of Colonel
Donphan, any officer of the United States In that
condition, it abandoned. It that after Chi.
huahua evacuated, the Mexican government de-
mancd this merchandise OF the Spanish public
property, and correspondence ensned between the
ernor OF Chihuahua and the Spanish consul, who pro-
tested against the seizure OF property belonging to
American citizen He further protested that it should be
safe under the Spanish flag. But the Mexican govern
ment, ii seems, took it from him per force.
In this state of the the resolution referred TO
the Committee Claims, who instructed me to report in
favor OF allowing compensation for all the loss the petit
toner had undergone 1t appeared to the committee OF
this body that If the petitioner entitled to redress at
the hands of the government, he entitled 10 redress
for the merchandise well for the mules and wagons
Not only the property seized by the Mexican gov
ernmen but against the cmonstrance and protest OF the
Spanish consul al the tune The amendment allows the
Secretary of the Treasury to ascertain the value OF the
whole property including the merchandise well the
value OF Inc mules and wagons.
But the petitioner has preferred claim for detention
The committee however, were OF opinion that he was
not entitled TO be compensated for that detention because
il was AN inevitable incident to the condition in which he
was found
The principle involved struck as this and believe
it struck the omnitee in the way. 1t properly
said that have right to trade with the enemy in
time of But it is shown, this case, that he set
out upon the expedition before war WAS declared. |,
shown, further that after he his route and
advanced two three hundred miles his way. when
first oveaken by the troops of the United States he
permitted proceed to his original destination and for his
original purpose without any order to the contrary from
the officers of the United States. That when he arrived
at Santa Fe-which really part OF the American
dominion, because part OF the State of Texes no
question whatever made there to the legality
OF the trade in which he was embarked. He was
treated others and the duties assessed upon others
were assessed upon nun, am the puOlic
ury. After that by the permission of the commanding
general, and of the city governor he allowed 10 de-
part, without question to the contrary, for the purpose
OF going into the northern province OF Mexico there to
find market He was thus permitted again to go his
route He then overtaken by commander,
who did not prohibit him from going to Mexico as he
originally designed, who did order him back under
penalty of conscaon, but compelled him 60 with him
for military purposes, that he might have the benefit OF
the men, and mules, and wagons. Now, | app!chcnd
that il clear, that where private property is sezei in
time OF war for public purposes, the individual has
right to he compensated Tor his loss. This apprehend
to be such case The claim of the petitioner has bean
narrowed down by the bill. The amendment requires
that he shall be paid for the actual loss sustained by
him.
Mr. BRADBURY The amendment reported by the
Senate committee to the bill it from the House
OF great Importance, not only account OF the
amount involved in this case, but also account of the
principle embraced in the amendment Let me call the
attention OF the Senate to fact The train OF traders
proceeding to Chihuahua, which ordered by Col
Donphan to the OF his command so large that
it embraced three hundred drivers From this fact we
Judge something OF the large amount of goods they
carrying into enemy's country for sale Ii we
adopt the amendment, sanction principle which will
embrace claims for all the goods lost by the entire train
The House bill provides for payment for the mules and
wagons seized by Col Donphan, which is the property
applied by him to the OF his command The amend
ment would be construed 10 require payment for goods
not taken from the possession OF the claimant aud APP
piled the public use. In other words, it proposes
conceive, that this govern shall stand guaanov
against loss Illicit trade with country with which we
at Col Donphan, at the head of invading
expedition against Chihuahua, overlook this train of
traders and ordered them TO fall in the rear of his army
and after organizing the in charge OF the teams
they proceeded on to that place with the train and