New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-09-13
sn,, far .r,,,,tary Seizure.

U s. CIacuir CouRT-Bef3rs Judge Nalso1 =
Manuel r. Harmony D1pid n hiioAed- sun oY af
H Santa 20 tracer from New YORK, 10 recover oil oo
Aitchel Of The officers eneasedin no AeEc'u Sfl
sltofG0 tho 7a1e Of Train Of wagons, mHte3 y %1i
goods, already referred 10 49,. -, -,
Mr. b. was seized By Col. N after severel days msrca'
ard tbs srIuy sud tfsus had entered n9 A7rt
tor rse~ fro-3st re army, Mr. s continuing vita
= ~. as flTs 81 be- u 84efa-s - ne army
wagons proc6sdel Chs t~5ua- ae's ~ p9PerJ
81 n. Hs'lJny given - 70 .iH - %'i' o19.1''l,
but he y % LII il aud af H. lps7c7l Il 10 c"f9
states oyer-1gu a. !ho atnefiesz tro 7ot lad 7ft
ChlhuasuaI WA ssala DosEsssion ~ py me aexf
the goods GU scss OF Ar Harmony connscsIsd
BE- Rte A7&c2- Government aud soii And ib7 proceeds
rlsced n ne ressuty 5 CbllUs1ua.
Several documents wruen By Coy aarcy, then oecIe-
isly at var and OF The counsel in Ih7 cs's of
hr Il and nom other deosT EnsliS TO oihces 10 sA'
ft!tlYe 70 ccncliaEg he iHhaJiian' protect ae ta4
$40 S1tdolh Custom HoufeS &c V ore read \ p9slu'i
OF Mr. CoDgresa for remuneration ~n he 2ples OF
orcen gwen by Col Doniphsn 10 Col a'iehe'l aad ~
ser 10 hI tczS 70 aeize the sin were $50 pu' IN e'
deDce
MY John Cared gave testimony. Is OF the drm OF
Peter Harnopy'S Nephew'Sk Co Plaintiff WA formerly
partner He en- barked in the Santa re business dls
situation was good and pfonisoe one ne conleuceo
buying goods for this expedition in The winter OF iS4o Am
1 is4S '-H no '''A-A-' = 49, 49,
WIS uhe7u that Col Mitchell Lit Col. of the Mist
cur mounted volunteers part OF the ioIce OF me u s
Army, and that Col Doniphaa COMMANDED Ine troops
fhe having rested the pArt OF plaintiff Mr. Hail,
for defen.e claimed ghtSo give a. evidence ns petition
OF nr Harmony Congress- with the stSenen Of loss,
lie also the orders OF Col and Col u already alluded
to- Mi Cutting for olautf replied ,has il ascertsnet
after he petition being presented thst the original orders
verbal and reduced Writing after the request OF
BIZ t. TO be furnished with them Phey arc 20 ne given IN
evidence with testimony OF Col D. (tsken by Commit
sioner) in gard 10 the orders
MIR Shepard then opened for the defense.
Thefsi point is the existence OF The war-ths Col. ~
received order from Col D. TO seize the Itsn and that
ii lawful command which he not st liberty I'M
DEF tho 5th sect Of The Gin OF War dEobeysnd that
he acting agent and subordinate TO Col u IN me
execution OF The order.
I'd That plaintiff citizen snd resident OF the United
and that he carried bis gods 10 trade with The
my, and, conse Gueny 10 afford them ad-snd 'hsi lhey
we're selzed "a stated
Sd That he drove his trsn and carried his goods to Mex
win design to carry on trade VITA he enemy, and
that defendant il The performance ofhS duty Lieutenant
Colonoi OF he iofceS aio seize ana op mem Itssd &C
The poiui atssue, h ss were whdthsr me s4izufs
wag made hy Col. N. or not whether II vas lawful.
ard whether Hr Il. designed TO carry on rs ae stsieS
tde only whihose places which had been subjected TO the
On he 26h May 1850 plslutf with his .es rs
from Fort Independence 1tusl starting point 70 3low
tho Chhusbus road trade with stexco. A, tea! point
there roads which 90 10 G one IL the Ce1a5on
rohd and the other he Beats Fort cat On arriving at
tho Rf Rend Of the Asansss he asceraired tho existence
Of the war At Pgunee Fort he was overtaken by Capt
Soore " no compelled MIN 10 take Benrs Fort road
ard eli The other traders compelled that road
The object prevent The wagons advancing tnlo
r, 1WbIn o Hy have sn 81 en.e grg 10 e
Me,icans From Bents Fort they all. including Mr. a.
started 10 advance Of the army Santiago Be
tween that and spoher point the army paced The traders
and were In advance OF them 10 within 81 miles OF BTszo
~ Rrrzito sharp battle fought The wa
on line field OF battle the time fhe trains followed clo4e
On the OF The American troops and advanced from that
point 10 place within The boundaries OF tfo1ico poined
our or the msp by Nj. where the seizure msso
The Tans followed In the of The army There
ir,nedimento their advancing except ftom the nature OF
he country Al Sacramento another battle vas fought
AFTER which they passed to CbhuGhua 40 already stated
The army at that point was placed stnally under the
.ommsnd 81 Col KenrneT and Col Do6iohan was a ann.
ordpse officer under his command and assigned hs
cs du,v of advancing against the Navajo Indians VII
were exceedingly troublesome, and then proceed to ue
city OF Chihuahua, to join Gen. Wool who would advances
there by tbs Southern The whole OF tue lime the
Gan NpDl he
not I'll arriving 1t wss found he had failed 10 reach there
Gen KeRney le that portion OF the army aud Cal
ifoInia that lime Col tbs senior officer in CON.
mard OF the route, senior 10 D. Pf.co, who ordered
Lieut. Gil Mitchell to keep epea he communication be-.
tween Santa &c and Chihuahua When Col NJ had I'D.
vnnced along road far Vaiverde hs s3eained
thai Gen. Wool would noi reach California and he joined
The forces Col Doniphan who had u returned from
n country. The trains were lille In advance OF the
army became evident hat the roous could not laze
possession OF the country I'LL asf ote nsa oeen Ought
and the Me1icsts made an acA VIA great tocs aI Bra
zo repulsej, and the treopa aud trains
along The road OF II had gone aong l9e wnoie rau
Without angle objection on his part and mas not been
prevented al lime except by Capt aioore for which
Col M ia not responsible
ons and mules calculated do 2res prejudice 10
army There order hs more OF the traders should
20 the route. II 10 pfeyeui thon pas'ing IN front OF
hn army fan into the hsnds OF Mekcsns, eud enable
them resistance than 'hoy would OH =
yvse be enabled Yet ali the time eir II. vas and
had been a! perfect liberty return avd there not
day ina. could have gone back \ wi ness on the
Fl bud been pscned to bsck If no nsd asked bur he
did TO- and his obisc TO ahead cad eel hta
goods They having heen aescsed especially Tor the SAINTS
Fe trade The ain OF Ar II said Mf $ was % give Capt
d. the slip and gel tho other roue aud sw2y tron tie
TIE goods IL the Mextcaps hal obtained lheu cal
culaed 10 do great injury 10 thS Amsrcsn army HIS
mules calculated for ta pufpo'e ofan.p ation "a
nso we're Ii b9 wsYo0a His gooGs oth a1Ys1ta-
yes 10 the N:brs Woul1 have afnsnc1 'n0 munitions u
wer-he he'd fes aud popdef and bas 2ac oltor things
c. Icu.s led IL lie vs,t' terFlceaba 70 Ms enc ~
Hr II (ssid Mr. S Sps1i4rd, on y4r1l9 81 great
I'm win he ii cans and idsaaj9 vita them Ia
air iDr % had