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

II
the goods sold. and all the money went into Har-
mony's possession Why, sir. if that fact had been
proved 10 the committee ii would have changed the
al once There be mistake about that matter;
for If that be the ac there is evidence reliable that
ebsc,--il certainly epds the case ll4 h
Mr. FOoTE If the gentleman will allow me to ask
question, understand from the honorable senator from
Georgia. lMr DAwsos tha, there was no real pscunlay
osshat all his property taken was sold for fair price
M, uN1GeWo1D wa. r'' aosS: ,s thu. as.s
OF Claims and if that be made out that there 10 not
shadow Of righ, in the claim. z si.....fisa
GNpERwosoSb sst aaus Ss vsay ias. snss
lost at chihuahua The only question is how We aIs to
DAWSON correctly informed that the have ill
possession of the matter Prudence requires Us toilet
remain until the Judiciary have washed their hands
Mr.. DAVIS, of Mississippi. The argument OF the
senator from kentucky Mrc UNDERwooDli is very much
court OF New York. II is one, however, which. far
as am informed, is no; al all sustained by facial least
90 far as have been able 70 learn n my investigations
upon this subject The objection which Harmony hadto
being arrested by Colonel Donphan that he would
thus be put in the ranks against the enemy in Mexico
goods being found under the protection OF tina enemy,
would be seized and destroyed He preferred, therefore.
to go into Mexico friend rather than under the
cor of party who he believed would not be able 10
protect him That understand to be the case. eiasa
Mr. CASS, lin his seat,) During the war; A
Mr. DAVIS. Yes, during the war. P8f tAsassI3g
Mr. CASS What right had he to 20. whether or no
Mr. DAVIS. MIR. Harmony claims not to have known
thai there was war-whethel 80 Or not, does not af-
would fall into the hands Of the enemy. if intended
for his susienance Then this officer engaged in the mil
ay service OF the United States arrested this trader in
order that his goods should pass the benefit Of the
enemy, and took him under his protection This trader
was bound for chihuahua There Colonel Donphan was
moving, with his claim under his projection Thsrs the
trader went When he arrived at chihuahua. the great
disposal of goods which has been spoken of, undss-
stand was made in this way The troops required sup.
plies from the country and in addition 10 the goods Be
sold directly TO the Mexicans, he exchanged goods for
supplies required by the quartermasers Department. and
for goods 30 exchanged at the value which they had
when exchangedhat is at the price Of the lor.ge
furnshed-he received drafts from the quartemassefs
department upon the United States The small balance
Of his goods which remained when Colonel Doniphan
turned the Spanish consul residing there. who
has, he believes sold them for the benefit of Harmony
after he left the place think in point OF justice Mt
lection they gave him, instead Of the United States being
indebted to him | think that Colonel Doniphan had
perfect right to give the order 70 make the arrest and
obey him. There must be positive and palpabe v0la.
ton OF law TO subordinate officer in refusing 70
cases, he has but execute the order he
military principle well understood this cannes rst
9ure an argument 10 support 1t and Lieutenant Coonsl
Mitchell having executed the order Of Colonel Doniphaa
the suit was directed against him. And now ssgto
my friend from Georgia, LMr DAwsok.l wosM
other persons may infer that he had somS ,Aouts
whether Colonel Machell had not beea engaged ID
couson with Harmony might be inferred. also, froA
sented petition for the protection of Col. Mitchell
The course Of remark would seem to confirm this But
Harmony presented petition for his own benefit and ia-
demnity for that of Col. MITCHELL That there
kno coIlus between Mitchell and Harmony il plainly
eyinced by the fact OF Col M,chelPs giving the earliest
notice the Treasury Department. and prsssng upon The
Solicitor tue defence of the su aud also sending the li
OF witnesses TO prove that Harmony had lost nothing ~
the act He did not defend the suit himsef be did not
a {a.t that hn ~lt H. Ah
through which the United States sued. and hs vas
sued in behalf of the United States the United Staissa
torney for that district being ordered to defend that suit
| In the time, the attorney of the distri6s wzs
changed, the old appointment having expired nevesths
less the attorney continued IN charge OF the case
the present district attorney leaving in the bands Of his
predecessor. suppose it is well known what the nature
OF the defence was bdt why they did not get tAs sv.
dence, not able positively TO say think that thsrs
neglect but will suppose that there was coliu-
sion for the sake OF argument will suppose that tbs
attorney prosecuting the casethe Judge, or Jury, you
pease-were all in collusion wnh Harmony that =
wrong Judgment obtained Shall Col. Mitchell suf-
Ter because OF or act done IN the service OF the
United States, and for the benefit oil the United Sates
act done in sct obeeence 10 the orders Of his SUPP
ror officer will say, however, that we are bound 70
protect that officer II often occurs, Mr. President TO
officers upon the iEonterand none know better than
yourselihat orders given by The Secretary OF War
to make seizures and arrests of citizens who are found
going into the country to enter which IL prohibited
Were these officers subjected to suits, and II these suits
brought to trial before Jury OF the neighbornx
country the chances ten that the officer will
be mucled in damages (; bat never have knowa Con-
gress 10 refuse 10 protect them i have never known
case where Congress did not pay the amount found
against an officer so acting E#4 g. sfs.a
/ / think my friend from Georgia tNr, DAwsor,l all
though know the labor that he has bestowed upon this
case, mistaken when he says that appeal has been
tken think tha, he relies upon letter OF the attor-
ney OF the district 10 Col Mitchell who them now was
anxious to defeat this, he believes fraudulent claim
My information il from the Solicitor of the Treasury. that
they engaged in examination of the papers to de-
ternne whether the shall he brought up upon writ
OF not and my information ~, nrher That NO
points have been exhibited upon which the appeal could
have taken The Attorney General too considers this
be decided to whether 1t shall be brought
up upon writ OF not. He is ANXIOUS 10 bring
up try the My friend is, therefore. little mis-
taken thinking appeal has already been taken athe
case The Solicitor OF the Treasury the seventh of
this month in a letter addressed 10 myself chairman
OF the Committee Military Affairs, sends up tho record
of the evidence existing in great mass Of papers, which
have yet been examined by and had not time
furnish copy OF II, therefore, had not yet been decided
whether the should be brought up upon OF
not But suppose the object he 10 have appeal
Lieutenant Colonel Mitchell must make this appeal against
the judgment for ninety eight thousand dollars He must
give security 10 bring the case an appeal before the
Supreme Cour, and IT happens to few young men that
they able to give security Tor ninety eight thousand
dollars to bring up the and if able he may not be
amount will suppose, by way Of illustration. tha, hls
property is worth forty thousand dollars You submit 20
hun the question will ask your friends 20 go sa'.
for yon for ninety eigh thousand dollars win all she
hazards OF suit they beng subject for thaf amount OF
will you allow the whole property You nave 20 mo va'ee
of forty thousand dollars. TO be -acrhced l@aPpcai
is be taken from you This bill gives hm me power