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

verdict found and nobody else can; hat, like the
have SO stated 10 Colonel MITCHELL and have stated 10
hIm-and do not know whether he has changed his
mind since ny last nlfryiew with him---ihat he had
better battle this thing, and try 20 have reviewed either
by appeal or writ Of error, and have it in
order that justice may be done and that the
wses policy Of government, TO pay the ninety eight thon
sand dollars 10 this nan HARMONY who. in violation OF
his duties American citizen, trading with the
enemy, supplying them with munitions of war-,hat he
ought mol 10 receive the full va lue of the goods sold TO
The value OF more than ninety thousand dollars. How
is TO be reached my mind cannot devise but like one
pan-for Congress 10 refuse 10 interfere Let the indi-
vdnal responsibility of Colonel Mitchell remain. Let
him seek protect himself and the senator from Ohio
Mr. EwsGl says, let the government aid him IN this
defence. Now, ! will not say who Mr. Harmony m Is
that is not matter at all involved in the issue The
only question is this whether after raising the amount IN
Tins way, and not damaging him single dollar, an aG
ton OF fespass can be taken IN the State OF New YoIk
Louis accidentally found there, and the action amos,
going on er pare for that testimony could not be pro
cured IRON Chihuahua 10 be there al the hearing TINS
The State court OF New York. and then in the circuit
court Of the United States all compleedin lew months
judgment heard, and here petition at the last
of Congress Before The judgment obtained That
petition brought here by Mr. Harmony almost before
the action was completed, and we are asked TO- relieve
responsibility under that suit TO Mr., Harmony All
these things raise suggestions in my mind; but agree
with the senator from mississippi (Mr DAvIs that there
or fidelity OF Colonel Mitchell That is the truth, sir
My feelings are decidedly with him but believe that If
money q ii Harmony who has not ct Gssn injured
dollar, IN my Judgment-for he has not shown 1t. How
the testimony
combination in courts. would like TO understand it
Mr.. DAWSON. combination OF some kind. by
which money would be obtained from this government
NJ FOOIE; 20 l understand the senator 10 inpii-
Mr.. DAWSON Not at all no. in the least have
always kept Colonel Mitchell out Of the question. Col
hall and thad
ion went upon the ground that Mr. Harmony was not
there in violation of any OF the laws OF nations laws
Of war; and i the officer interered, was violation Of
his datyIan illegal upon his partand il brings the
question back to this is the United States responsible
tor the illegal act OF its agents. II the court was right
Congress no, bound upon principles OF law to pay
have been rendered So, take it either way my udg
ment, Congress is not pow. at least, to interfere.
Mr.. UNDERWOOD, | think il my duty to make a
statement TO the Senate. | will make it brief. think
that my friend, who has just made his Speech abors
der some mistake with regard to the facts II he does
not sir the Committee of Claims have been most egre
giously imposed upon by the testimony submitted to them
year or two ago think, sir, that justice TO MIR. Har
mony requires that there should be some explanation
Some two years ago tha, individual petioned Congress
to make indemnity for his losses growing out OF this
Mexican war The House OF believe,
passed blu u for his benefit think was psssed-and
was submitted to the Committee of Claims, and we in
vesgaed thoroughly. and came TO the conclusion that
the amount ought 70 be paid-this large amount Of
money--and reported in his favor 1t happened that
Congress did not act upon our report during the session
in which il was made After that. we understood that
he had resorted TO bis civil remedy and when he came
again. either directly Indirectly, before the committee,
we. having understood that the civil suit had been made,
results OF his suit Well Sit have always said that
until the suit did result either pro and 1t was
finally terminated. was ayerse 10 reinyesiigaon, be-
cause would rather the Judiciary would investigate the
matter That is the that the Committee OF Claims
have not acted on II since. eUt
Now, sir, as to The facts they presented and
al tka .f Io.v, abnun hy
the testimony my recollection does not greatly deceive
me, that Mr. Harmony upon the Rio Grande with his
teams, wagons, and merchandise; that Col Doniphan
for military purposes, forcibly took possession oi the
whole and against the will oil Harmony, who protested
and begged and prayed ,ha, he might be let alone and
left to manage his own private affairs IN his own way
that he thus taken possession of-his mules, teams
and merchandlsethey were all marching into the m
terror of Mexico; and that when Col Doniphan was
compelled to leave Chihuahua in great ha,te he took
possession OF the mules and property OF MIR Harmony,
which necessary TO aid hun his transportation o
military stores and ammunition, and lett Mr. Harmony
without the means Of removing an article of his goods
that Harmony abandoned them, informing them that he
would look to the government, and wen ot with Col.
Doniphan and left all the property there This is my out
by witnesses. and think Col Doniphan himself
Mr.. DAWSON. (inlerposing) According to the Ger,
hcate they did no, take single mule or dollars worth
OF goods. Ha
Il Mr.. UNDERWOOD. 1t only proves this that in our
Investigations OF these individual claims where sI parfe
. Testimony sRNeH. tutie Oe 10 upon
thing which may be advanced This proves, that II
gentleman is correct that ought to have the power TO
settle private accounts against the government where ev.
dence be examined apon both sides. can only say
that have given my attention 10 the testimony before the
committee. do not know whether my brother members
will confirm thai recollection not 1t has been
some two years since the report favorable to this CLAIM
was made by that committee, and since ] examined the
i facts bu, speak from recollection and think cannot
be mistaken as the general outline Of the matter
ecollecta great many Of the circumstances, but
deem it unnecessary TO detail them As suggested by the
gentleman before me, the proof was that the wagons
made barrcades IN The march, and the teams were
seized Tor the purpose OF transportation well as barca
ding, and that his hands aso his teamsers and Others,
put ander military control IN the march into the m
terror OF Mexico However, sir, the question now ls.
what to be done upon the present amendment II the
has been appealed from the decision ot the circuit
court Of the United States to the Supreme Court OF the
Uuied States have heretofore acted upon the principle
that should ike to the judiciary wash their hands
OF II before we nierpose think that rs The best conrse
and If II is still pending, my friend iom Georgia MI
DAwsoSJ says, that would be sufficient reason with me
for posponiDg all appropriations until the Supreme Court
had settled the amount Ia regard 10 appropriations IN
individual cases. have made rule with regard 10
everyhlng and am consequently disposed TO go against
my colleagues amendment tor three hundred dollars.
Will give them ninety thousand or one hundred millions
II Justice requires it. is not the amount but The prn
cpe the thing that involved and VI this property TO
the of ninety thousand dollars has been taken Tor
military purposes. he matching into Mexico, has
been improperly seized, as came To the conclusion IT
was, when investigated his case II his mules and his
doned while Chihuahua and he Tor fear that the Mex
leans woald hun badly, went ot with Mexican
troops, think that the amount ought 10 be objection
10 eur giving hun relief. Tecoect this thing add-