The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-03-15

him and his possessions they must take therefore, the
responsibility of il; and when the law has decided the
nights OF the PARTIES they ought ia obey the decision Is
My recollection Of this case lie. as remarked,
what imPerec but make no doubt al all mat ihis ON
should be fully ndemnh.d is very easy TO sng-
ges. gfeai claim, fraudulent caIm IL more difficult 10
prove that il l. fraudulent Il has been investigated by
committees it has bsen investigated before the cc oil
court OF New York has been tried-not hastily and
Mr.; UNDERWOOD. have the facts all here in a
" Mr. DICKINSON Twill waive them. then. for the
senator and will only say that the decision against the
MT. UNDERWOOD. think that the facts Of the case,
when detailed TO the Senate at this late period OF the
s'on will be great deal better than argument |
will shorten them much as possible win not
mence with Harmony at Independence, in Missouri,
where be commenced his trade Santa Fe and Chhua
hua-I will not follow him all the way on his march,
at the Rio Grande have letter before dated Feb.
raary 10, ls47 addressed to Mr. Harmony by Colonel
Mitchell. which will read
CAMr Ell PAso,
GENTLEMEN. The colonel commanding orders re-
pair with detachment Of troops the camp now
HsmoSSy Po ossbs Mh hes wagons a
&c fall Immediately in the Of the army, and
All American citizens your employ drivers will
be enrolled amongst the companies abou, TO be organized,
move down immsdassiy and occupy such ground in the
vicinity Of the may be selected by the colonel
handing.
d. d. MITCHELL,
Lieut.. Colonel commanding, &c.
Messrs HARMONY PosAs, traders.
Now, here it is stated by Colonel Mitchell himself
that. by order Of A. w. Doniphan he took armed pos
session of the wagons teams &c., of Harmony and Po-
ras on the 10Th OF February ls47, and held them sub
arrival in chihuahua. These the orders BY which
everything had been taken possession Of Twill not de-
tain the Senate by an account OF what took place along
upon the road; but here 10 statement which proves
that Mr. Harmony did not himself arrive in chihuahua
until days after the wagons and got there
There is proof that he sold about seven thousand dol
got to chihuahua. he abandoned possession Of the
property under protest. and informed Colone! Don
phsn that ne would transfer it over to the consul at that
place, subject to his ORDER when be would have nothing
TO do with il, because it impossible, from the
breaking down OF mules the road and teams, that he
could control it. Here ia list OF the goods abandoned
under protest, amounting to eghtytwo thousand dol
lars, &c. placed in the hands OF the consul Well sir.
when Colonel Doniphan about 10 leave that place,
he informed Mr. Harmony of his intention do and
Mr. Harmony requested him to protect him in the pos
session of this properly and remove It, Col Doniphan
could not do it, and abandoned under these cir
cums,ances These are the facts as they were SET forth
10 the Committee OF Claims. Now, where is the proof
the other side II it can be shown that he sold the
goods IN Chihuahua ii settles the Just
bring the proof II there is any proof OF it, have not
seen II.
MIR BRADBURY will only detan the Senate a
very few moments; and would not do no at this late
hour ALL were il not that had occasion al one time
to look this claim 1t is claim of individual,
and wish to present question OF order. The motion
is TO amend the civil and diplomatic bill by providing for
ne symen. o. private claim Inc us When n 'se
for granted that il the head OF department makes
innate Tor private claim, il therefore makes that claim
oa ~ - .S ~ ,h an % non
adopted at this session of the Senate provides that
amendment shall be made, except for the purpose Of
ryng out the provisions Of some existing law, or in pur-
suance Of an estimate from the head of The department
and then goes to deny the power OF providing Tor
private claims; and call the attention Of the presiding
officer the rule because it will be by examination
of the rule that this motion is plainly out OF order
'.No amsndment proposing additional appropriations
will be received to any general appropriation BILL unless
be made carry out tho provisions OF some existing law
resolution previously passed by the Senate
during that session. or in pursuance OF an estimate from The
be ss % soss 70
although tho may have been previously sanctioned
by the Senate"
Now it will be perceived that it lie not in ORDER al
the head OF department shall make estimate, 10 in
graft private claim appropriation bill II we can
do this only for the claimant to 60 to the head OF
OF the departments and get estimate OF the amount
OF his claim and then he evade the rule by having
amendment authorizing the payment thus made in
der II would derive any benefit from the rule, we
give that construction which its language and spirit
demand
There is another objection. An action is still pending
against Col Mitchell for this claim. II yet in ligs
,on. II ia within the power Of the courts as the senator
from Georgia informs and appeal is to be made TO
the Supreme Court OF the United States Why, them shall
violate all preeedents, and violate our own rules in
hot haste the appropriation bill this private,
unquidaied, doubtful claim II we do this while this
claim is in litigation before the courts, will IT not be
in,maton TO cease the defence would rather instruct
the officers OF government defend to the last The
whole amount OF goods is embraced in the judgment.
We want 10 look at il. We want to know why il is
that Judgment rendered in the court for more than
the whole amount OF the losses when evidence has been
produced that Mr. Harmony had been paid considerable
part of them So far as Harmony concerned, | be-
lieve the claim had merit whatever, except Tor very
tnh ng amount; and II make provision In the
appropriation bill for its payment, we may be assured
sty for nsructng the proper officers OF the government
make the defence that be done. prefer doing 40
to laying now now raise the point OF order upon the
rule and submit for the consideration OF the Char
The PRESIDENT. The Presiding Officer was not in
the chair when this amendment offered, and does
not therefore, know what course has been pursued,
or whether any question has been raised regard TO the
on up TO The poin, which we have now arrived. In
looking the papers be finds that the fret letter IL dated
at the Treasury Department, and answer addressed
the Solicitor OF that department by clerk oil one OF
the committees asking him 10 make an estimate to cover
this Judgment against Colonel Mitchell His is,
that the Commtse on Military Affairs understand the
whole subject Another letter IL from the Secretary Of
Finance OF the Senate IN which he says that the So
cor of the Treasury reports to him that in the estimate
submitted the day before was statement that the judy
S95 ,ooo but that IL found that the costs
and all would amount 10 8gs 900; consequently he
would submit the OF sos 900 instead Of so7 0o0 and
respectfully ask attention thereto. The amendment
offered is TO pay that when the Attorney General
shall be OF opinion that the judgment is final
The Chair, previous occasion, when this rule was
under consideration and a question of order