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

expressed the desire 10 have the case brought up upon
writ of error or on APPEAL hope the will be
BROUGHT up hope the Judgment will be reversed for
believe that the United States does not dollar
Bu, whether brough up not whether reversed OF not
s~y thai the government is bound protect this officer
fox hs Official act done in their service
Mr. DAWSON stated the facts, and have the ev.
deDcs with regard to Colonel MchelPs connexion with
this matter lie gave me his private letters to show that
he had disposition encourage the recovery of this
amount lind the following ,eeg graphic dispatches:
"NEw YoxK, December 10, 1880. To Col ID d Mitchell
Nelson. MIR. Hail viii write TO Nelson to-day. II bill Of
exceptions properly we have no q re-
"Nxw Yoxx, November a. 1850 To Col d d. Mitchell.
Al sPpssi has been taken in the Hraeay ssis wi
81 letter by mail J. PhEoooii Hall
.WAsHlsGros Noyesaber g. 1850. To Col. ID. d. Nit
~ 1''N'' - = JOHN g. tLARKE"
MIR. DICKINSON. Its perfectly immaeria whether
an appeal has been taken or not ms provides Tor q
case oi appeal One can be taken yet
Mr.. EWING, lin his sea,) There can be an appeal /;
M. SHIELDS | will not enter into the facts OF the
c.se nor do think il is material the issue but feel
il due TO myself, and to Colonel MITCHELL after the OBJ
seryaons made by the senator from Georgia. Mr.. DAw
soxl will not say the reflections or limitations which
he made in relation to combination-hat should state
this: that have been fifteen years acquainted with Col
MITCHELL He resides Ia the city of ST. Louis and more
honorable, more honest, more manly, and upright
10 not now living in the United States Of America
And, Dir. il the gentleman from Georgia mean, directly
Indirectly to impute to him any collision or combina-
Il Mr.. DAWSON, Tin his seat) have denied that
Mr.. SHIELDS. know yet his language was OF
Mr.. DAWSON. Amongst gentlemen with whom
have converted, and in declarations made before this
body 81 announced that did not impute to him any i'm
proper conduct; and in very last observation stated
to show that he had connexon with it. that he had
even placed private papers into my possession to show
the character Of the transaction in New York. do not
any necessity for saying anything about the gen
tAman, directly OF indirectly than that impue no sald
o. combination TO Col. Mitchell whatever. distinctly
N:r SHIELDS Well, sir, | am very glad that the
gentleman now, in sense al least relieves himself
from any mputa,ion upon COL Mitchell But mus,
confess that his observations, in the first instance,
OF such general and equvOcal character, that every
man who heard them would be very apt to attribute
general COLLISION between the attorneys jury, Witnesses,
judge, and the defendant Now, sir, said before,
after the which this has been presented
by the senator from Mississippi Mr. DAys] 1t is not
necessary for me TO go into The facts Besides. care
nothing Tor the facts in this Here is judgment
Obtained against Lieut. Col Mitchell. Harmony has OBJ
tanned that judgment in court oil justice II there is
the judgment 10 reversed then will neither go against
COL Mitchell the United States. Bu sir, have
amined the record the Solicitor has examined the record
the Attorney General has examined the record the gen.
sman himself has examined the record and will
iure say that he will unite with the Solicitor and with
myself saying that an appeal taken the Judgment
will stil 60 against the defendant. There is nothing
shown on the record from which or by which the Su-
pssms Court reverse ha, decision That my opin
and 10 the Opln0n OF the SOllctOr. linen,
comes 70 ihis Is this judgment to go agains, Col.
Mitchell, or is to against the United States That is
The question Whether the judgment was obtained right
fully wrongfully not the question: but whether il is
an issue to 20 against Col Mitchell. or is the United
STATES responsible for the judgment Now, sir, ask
senators 10 hear me on one point NO military column,
entering into country 10 invade that country will
permit goods and property OF this kind to pass them and
60 10 the enemy-never and say nowi care not what
the Judge said in his opinon-that if Col Donphan had
permitted this proceed TO chihuahua at the head
Of his invading column he should have been cashiered
m officer. No commander OF an invading column will
permit property OF this kind to at the head OF his
column for the purpose OF supplying enemy. think
that Col. Donphan himself, II the judgment had been
against him. not responsible for dollar OF this prop
after sending officer at The head Of column to in
vade . country, and when that ohcer finds man going
into the enemys country with wagons with supplies for
the enemy, and refuses permit that 10 pass.
port or no passport-f The judgmen, was against Col
Doniphan-it would be an outrage il the Senate and
Congress should hesitate moment to relieve the officer
lished. there could be hundred judgments brought
against the same principle. have seized wagons
and teams and teamster, and men in hundreds and !
asked whether they belonged 10 United States
to Mexico. France England bad the order. and
Nov, sir take III. case of COL MITCHELL and put this
to honorable senators and TO the senator from Georgia.
MR. DAwsoN.l COL Mitchell was the second in COM
mand--Co. Doniphan the chief-and Col. Doniphan
gave him order to seize this property DO no,
Tor what purpose, the property was seized want TO
know II Col Mitchell, the second in command dare
TO disobey the order Sir if he had he would have been
arrested. court martiaed and turned out OF the ser
vice; and yet TO be told that this udgmen, to
against him, and he is TO be made responsible. There
the Judgment My opinion is that il will never be
versed. But sir, the amendment OF the senator from
Ohio, (Mr. EwIKol ~ understand it. is conditional
amendment Ii the Is not taken up TO the Supreme
Court this provides for the payment OF the damages II
the judgment 10 taken TO the Supreme Court and is
vsrsed. there will be nothing TO be padif il s the
contrary, taken 10 the Supreme Couu and confirmed,
il my opinion that will be- then this provides lndem
n6cation for Col. Mitchell do not want 10 waste the
time OF the Senate but the views presented
by the senator from Georgia Mr. DAwsos OF such
nature that would be very dangerous for oibcer TO
dischsrge his duty TO bis country during campaign.
Mr. DICKINSON Ii is very good reason TO crit
e.e claim because it - large; but il is no reason for
relsctng II II IL is Just concur with the honorable
ator from Mississippi tMr DAvis] in his conclusion with
regard to this matter July, though not fully with regard
10 his premises. had to examine hs matter
IN defa, perhaps some three four years snceI do
know how long ago--it while j, WA before the
Committee OF CLAIMS, upon which had the honor 10
serve formerly My impressions now touching the de
tails OF this cxse--and speak with some Qualification
because have not looked at it a,ey-are different from
those suggested by the members of the Military Commit
Tee who have spoken. Ny impression is that Harmony
suffered far detriment than suggested. He suf
fered in losing the market from being delayed by the
seizure Of his teams, and in being turned out OF his
course
Mr. DAVIS, OF Mississippi Allow me TO make sug
geston. The senator from New York [Mr DIcKIssosI
stating the information given to the Committee OF
Claims when Harmony and bis witnesses were before
thsm. We very naturally entertain different opinions,
having other witnesses We have the benefit OF the in.
vegigation Of the Committee OF Claims and have
and oil ~. hor ptl1