The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-18

. II
shelter the and horses and formed for them desi
rabe cantonment Soon thereafter the Of the prop
ery Mr. Poindexer, arrived and objected 10 the occupa-
commanding officer. General Wool and the quaremaster
OF the United States army duty there he (h1r Poln-
dexter agreed that the troops might remain for compen
saon 10 be determined by assessing the damage done
the property when the canonmen should be abandoned
They remained appears by the evidence the table,
under thus understanding, and when removed. MIR Pom
dexter called on three gentlemen Of high responsibility
resident in Louisville, 10 act for him in the assessment of
the damages he 9uartemaster appointing no one on the
part OF the United Sates Two Of those selected by the
claimant met examined the property. aud assessed the in
jury sustained by its occupation whilst in possession oil
the troops This award was sent to the quariemasier
who then, with officer OF great experience visited the
premises and expressed the opinion that the award was
reasonable and (from the correspondence accompany
ing the report appears said to- the agent Of the prop
eny that he would have assessed higher damages than
the referees had DONE But the contract not being in strict
conformity TO the forms OF the quartermasers depart
men il was submitted to the Quartermasier General with
an explanatory and recommendatory letter The Quar-
temaster General decided against the claim because it
included the question OF damages for injury done the
properly and BY the regulations q the army the COM
private property by his command II seems therefore,
have been difficulty about terms for the damage alleged
was the consequences OF the use and occupation OF the
The claimant has presented his case in language OBJ
jected TO. Had he asked the same amount is now
pears from the letter Of the Quaermaster General
presenting this to the Secretary Of War during the
present session OF Congress, in which he admits that the
amount is but reasonable allowance for use and occu
patton rent OF the property but that the claim, by
sening the question Of damages involves principle
which he deemed il essential to maintain That Is the
regulation which makes the commander responsible for
bound only for the use. The Quarefinaster Generals
letter brings my mind to the conclusion that if the ac
count had been simply for the use and occupation, II
would have been paid on presentation. The equity be-
ing established, have difficulty such the
counting officers encountered, and the object Of this bill
simply the obstacle interposed by terms, and
which prevent the settlement Of an equitable claim.
/ Mr.. KING What is the amounti
! Mr.. DAVIS. About $l, 500
| Mr. KING How long was the land occupied
Mr. DAVIS lido not recolect; the papers will show
what was the award and time Of occupation
amendment having been offered. ordered to be
crossed for third reading, and subsequently read
third time by its title, and passed.
| MARGARET HETzEL,
| On motion by Mr. DAWSON, the Senate, as in com.
mee Of the whole, proceeded 10 consider Senate bill No.
$780, being the bill for the relief Of Mrs Margaret Hetze
administrative on the estate Of A. Hetzsl late assistant
quartermaster in the army Of the United States
i Mr. D, said I.wl merely state that this bill was
reported by the Committee Military Affairs, by the
unanimous direction Of that committee i Is merely 70
settle the unadusted account between the late Paymaser
Hezel and the government The report is believed TO
place this beyond controversy. as an equitable case.
although under the act Sd March, 1885, the department
could not pay the claim presented.
i Mr. HALE inquired what amount was TO be paid, and
asked that that part OF the report be read.
4
| lows
Per ceniage disbursements, account of the appro-
priaon for and supP,sssang Indian hoss
S5l9.5is rs. al q per cent, Si2,ess a.
Mr. HALE called for the reading Of the report.
| Mr. DAWSON said he would first read letters from
Gen. Scott and Gen Wool in relation TO the subject be-
fore reading the report They would completely esab
| lish the equity and justice Of the claim
/ Mr. HALE wished to know what was the per centage
charged; ,so I,
amount received and discussed.
Mr. D. then read the following letters;
From 1885, nnl the actual removal Of the cherokees
west in 1885, Captain A r. Hetzel was the principal
quarermasie of the army duty in that Indian country
sna mabsma To ec, the removal q the Isdans.
large volunteer orce assembled and made to over
spread the whole Cherokee nation, by being divided into
many detachmenis al separate posts The agents Of the
asiers department al these several posts were
in the hands Of Captain Hezei. He Obliged
appoint these agents from the wan, Q. goss'nmsn.
come responsible for their acts enormous amount,
and thus assumed unusual and extraordinary responsible
i Having myself been employed the commander OF the
Of the Indian. wss from early in Nav 10 The
middle Of November in 1851 take pleasure in bearing
by Captain Heizr and believe that while the cxuaord-
nary responsibilities he assumed greatly facilitated the
been required q him by government and were there.
FORE emineniy othc al for which, seems his
'" may '' WsFEIS scorT
/ HEADQUARTERS or THE Army,
i New York, January IL, 1850
i Captain Heize was long known to me rs an intege
active efficient officer He served under my command,
in the Cherokee nation, from the LIST Of July 1885, the
LIST OF July, 1881 During this period his duties high
y and responsible He chief Of the quarter
masters department In that country and held him respon
sble faithful performances OF the duties OF all
dinates in the department As was the practice this
tme OF the War 10 allow for services,
know Of officer could claim, with greater justice,
compensation Tor and extra services than Capt
i HcHel He faithful to the last degree
la 1916, during the Mexican he again became sub
ect authority, when he rendered important services
volunteers their distant service; after which he
engaged in procuring supplies and the Of transport
talon OF the troops for Vera Cruz Being stationed this
place, he contracted disease which PEELED him TO
leave for his home, but which, Informed, before
/ his arrival. carried him TO his grave. ..,.,
trust his claim will receive all the attention and consid
Grafton which justly due to gallant, efficient and extra.
JOHN G. WOOL,
/ Major General United States Army.
i Mr. D. Twill also read what the committee say OF the
effect oil the law OF 1880:
i BY the act OF Congress Of the I'd OF March, 1890 seems
that claims Of this character after the passage OF said
were TO be disaowed, and IL doubt intended 10
cut of all claims founded justice bat your commit
OF the opinion that that act should not be applied IN
opposition claim In itself reasonable and Just, and
which Is not embraced within It's provisions, but was
sng and pending for adjustment before the passage of
that law Therefore, they recommend that the claim Of Mrs.
Margaret Hezel, widow and Administrative of A. X. Het-
EEL assistant In the army OF the United
States, be allowed, and that the certificates Of Major Gem
eral Winfield Scott and Major General John O. Wool,