The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-03-16


.us.eribess vid $40 enclosed be s~sisA 0w4os
sditiss - they furnish vs. s1Ass.sLsS ~ gseA
Mexican War the goysrnusat bad ia.sspcssd iss arm.
had seized he property Of citizen, and had convee4h
10 It's Tor military purposes and II they dA nOt
ruin him. they very near doing it, The claiD was
examined BY the committee with great deal Of care. aAd
was reported upon fayorabiy TO the Senate wAaa was
member thai il was resisted and. whether s wes pseasd
the Senate not. heard nothing morn q the claim
had abandoned Congress, as we'll he nigh, DO. AID Ssd
brought his action ia the Of New Yosk aganSt hs
officer who in the discharge oil his duty bad iaeictsd
this wrong ! understand from the pspers accompanying
the account thai thu court in New York pronounced the
judgment in his favor. II Is now admitted oy the
Senate in order amendment to this bill! mean
only 10 say 10 the Senate that, member of tbe (0n
milee oi Claims examined that claim. and was eatM-
hed OF lis justice. The amount | do not recoilect
But mean 10 say this further 10 the Senate, that think
this claimant who was a New Yorker. and originally
Spaniad, was personally stranger 10 me but was
struck with his good and his poprety in abandon
redress under the laws. Although is very true that the
Judgment OF the courts not binding against the United
b
Ll. a 4a ~ Sam ~ hs asEssls WIN great pleas
Mr BRIGHT. The speech Of The honorable senator
from Virginia, just made. and that made by the senator
from Mississippi Mr.. DAvIs] few moments since.
show the folly and injustice in forcing gentlemen to vote
upon private claim under the circumstances in which
called upon to vote here The hon0rable sanaOr
from Virginia, chairman OF the Committee OF Claims,
examined this claim and at the close Of the session two
years ago found il 10 be OF geat merit in which
the strong arm OF the government had taken away the
property oil this private c,tZen, and converted It to the
OF the government. The honorable senator from Mis-
sssippi few moments ago. unless misunderstood him,
stated that he had examined the case from beginning to
end and he does not understand that the eyer
use OF the government without paying Tor It at the tne
and puts the claim upon another and an entirely different
ground f8a
Mr. DAVIS Will the senator allow me a.sav
Mr.. BRIGHT yield for explanation . X iglgIs .
MIR. DAVIS. | cannot claim to have examined this
stated holding the letter Of the Solicitor Of the Treasury
in my hand vOluminous before the Solicitor and he
had not been able to find time to cory II tG send io me
very great difference of opinion between myself and the
senator from Virginia. and great difference OF opinion
between the honorable from Virginia and any
ri that has ever been made in either house Of Congress
That this officer committed act OF inusce-tbat this
Individual account of the delay reluctance OF Con-
strangely 10 my This came before Congress;
and the senator from Virginia. one OF the Committee
OF Claims, with ez parts evidence alone reported pa.
amned the also, and probably with little more IN
vestgalon OF the facts for they reported exactly the re-
IL % hs ssa Tsy nas IL favor
Mr. DAVIS know they reported in favor OF it but
from Virginia says They forth that, in making the
seizure complained Of Col Mitchell acte, in obedsnce
to Col Doniphan, his superior ohcer: The same iast
appeared upon the trial the court in New York. The
Solicitor OF the Treasury upon the evidence consdsss
that fact fully established before the court The aene
report upon this Donphan case says that Col Donlphan
was fully justified in taking the responsibility Of seiztnS
the property and that both Col Doniphan and ColDesl
Mitchell the in ordering and the other in making
the seizure, acted from honest conviction that WAs
necessary to secure safety OF the troops under their
command. The Solicitor OF the Treasury says that, 70
his mind that fact has not been questioned In winning
up his letter in relation to this matter, he says: a
the oil Congress concerned In cOnsld.
eug ptopety Of passing bill for the relief Colopsl
Mitchell II is OF ie consequence, lapprehend, whether
writ OF be brought not as am informed that
Col Mn % s s Psass.sd d .xsn 1
upon fu examination OF the whole cass, It shall bo
ss would apoaa Ss nothing III s o
gs.s ss se9" e. b. s awss n and soond verde! md
Judgment be rendered against hun, the act would stlH
il shall be decided by the law officers governeut
that msdrecton of the Judge on any point
Tor would be unavaing hen the would Immediately
relieve Col. Mitchell from the anxiety and ombarassmsn'
which he must necessarily feel OF tho
istence OF this large Judgment against him,
The letter of the Solicitor shows that he has had the
matter under consideration TO bring up writ OF error.
The senator from Virginia from the debate must have
learned by remarks made by gentlemen entertaining very
different views upon this question, tnai !ney al oenexe
the judgment wrong and never should have Deen oD
tanned 1t has been charged by one who has examined
the matter more fnly than Others and who has private
letters in his possesso that there was coilusion IN OBJ
tanning that Judgment, think il is evident that il there
has not been colusion there has been at least great
neglect The question is here, however to argue the
conduct of the court The question is not now whether
Harmony was injured or not The question is whether
the government, will protect officer who has done his
duty and simply his duty from an execution which VIII
be fuinous TO him Coupled with that is the consdera
ton that this amendment, if adopted will come IN aid OF
further examination of the before the Supreme
Court, while it serves TO protect the individual
Mr. DAWSON Mr. President, do not intend to pro-
long this disc asson but merely to make statement II
is alleged
Mr. BRIGHT. believe am entitled to the floor.
yielded only for explanation.
Mr. DAWSON. | beg pardon | supposed the gen
teman had completed his remarks.
MIR BRIGHT. | have succeeded in efecting all de-
sired in showing the difference OF opinion that exists IN
relation TO this now move that the Senate ad-
journ.
/ Thereupon the Senate adjourned.
SATURDAY, MARCH 1, 1851
| SENATE.
| After some business which has been heretofore pub.