The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-03-21
sEsArE.
BRYAN CALLAGHAN.

whole. 80, ,r.,.,,,
a. . former session, and think passed this body. Az
hat time sir made opposition 10 it, and upon these
ropnds. Thai the goods which The petitioner now ap.
ees 10 be paid for in the first place, were not in the po
mon where they destroy ed--upon the banks of the
po Gandetor any necessary or proper purpose for he
Government OF the United States, make the gov.
ernnen responsible for their loss or destruction And
in he second place. do not think that their destruction
Al ba time was necessary TO the public service 10 pre-.
vent their falling into the hands OF the enemy In the
hTd place. that the individual owning the goods had SUI
icien time and proper opportunity, 10 have taken the
goods away from the Rio Grande, and have carried
6em to San Antonio, and put them beyond the reach Of
danger long before the period when they were burned
say do not think they were properly there for the
reason that the expedition TO the Rio Grande only
an unauthorized one. but was regarded by the command
nr general there decidedly improper that the com.
mander OF that expedition ordered back with his
troops from The Rio Grande, put under arrest and
was for considerable length OF time, held under arrest
subject TO recall and trial by court-martia The court
martial was not held, as everybody knows, who knows
anything OF the operations OF the army at that time. be-
OF the progress Of the war; and the battles eng
m and such was the pcrvadng spirit Of discomfort that
very numerous calls made at that time for courts
martial.
But is fact that Colonel Harney was ordered back
from the Rio Grande and placed under arrest by all order
received by Gen Wool from Gen. Taylor, and held
der time. That Mr.. Calaghaa did go with him
10 the Rio Grande have doubt and under he circum
stances stated in the petition, at the request by the a-
hor,y OF Col Harney and his goods were carried with
he expedition, for the purposes stated and under the pro-
cuon OF corps Of United States troops But, sir, Col
such an arrangement with MIR Calaghan, and therefore
The goods were there improperly, upon the Rio Gsande,
and the loss OF Them constitutes claim upon the part
OF Inc petitioner for relief or payment
Think sir, it is well-es,aoished principle- know it
has been asserted and had considered ii settled in the
numerous before this Senate since have been
heelhat the United States not bound for losses
goods which were not placed n jeopardy by the proper
authority in the prosecution OF a war; and il ndivd
ual, without authority upon the part OF government
exposes his goods or merchandise TO the dangers of
be alone must sustain the loss, II any loss befa them
know that several have been passed in this body
since have been here which asserted this principle and
several cases have been rejected upon the ground
Bui snpposiDg Mr. Caashan, with his goods, TO have
been, By legitimate authority, and under lawful ORDERS
the banks OF the Rio Grande in the first instance and
thai if while so there, his goods had been destroyed.
heir value, II does not follow that he had any such
aim al the tnie under The circumstances, when his
goods were actually destroyed. Ii is IN proof thing
al any rate, Il IS tTue-ihal be remained at the Rio
Grande after he knew that the expedition had been
eounernaBded after he knew ,hai for eng aging in IT,
Colonel Harney had been arrested and after that OH
aud all The regular troops under his command had
returned 10 San Antonio. say, with this knowledge,
and after all uls. he remalned--voluntary remained
along with some two or three companies OF Texan voun
ee, at the RIO GFande Now II any one shall say (as
have admitted Tor the argunenD that the expedition
was lawful from The beginning, aud that Mr. Callarhan
with his goods was there by the legitimate authority
that il his gouds had then been destroyed he would be
TILED to compensation for item, il cannot be said that
tbs continued to be the case alter the expedition was
eountermanded-afer 1t ordered back to San An
onioaer It's commander (under whose authority alone
Mr. Catlaghan claims TO have acted) Was deprived OF
command and paced under arrest II be was under
military orders, as he claims 10 have been, and so
readily and Inphcily obeyed, under Colonel Harvey,
20 the Rio Grande he bound, every officer
and every soldier OF The whole gpeonwheiher regu
lar volunieer-to obey ioe couhcTmauding Order to
Sau Antonio:
he remained there, General Tay ors order given
ior the expedition 10 return, was dsobedlence OF
orders and 4 violation OF the law. For such aci
as this could he claim compensation service TO
The government; Tor no loss incurred by him
consequence such disobedence OF ORDERS violation
Of the law can he Claim compensation al our hands
Yet he dd 70 remain al the RIO Grande several days
perhaps week do not state this from mere hearsay
bal IN part from personal observation, and from the Ia
mlar history OF the lime About the lime Colonel Har
ney returned from the RIO Gfande under arrest, at
San Antonio; and my impressions Of all the cir<Mm-
stances OF this somewhat remarkable case, which made
sgme noiss were very strong al the time, and are s
que distinct. Colonel Hsrney returned promptly, and
yielded up his command IN obedience TO the order oil his
superior 10 command So did all The regular troop
iufn The Texan volunteers, and Mr. Callaghan, with
s goods dsregarded the order and remained a. the RIO
Grande Why they did so Is unexplained. That they
did 80 improperly and uniawlully cano, be denied And
50 long did thus dlso5edence continue that the officer
who succeeded Colonel Harney IN the rank went
expressly TO repeat The order that the remaining Texan
volunteers should remain Longer retlrn ut once
San Antonio Not unq then Did they or Csllagban re-
lnrni aud then u was that they burned his goodsfor
The purpose, alleged OF preventing Their ial,rk INTO
The hands OF The enemy 1t does seem to me thai such
circumstances fufnlsh strange, mos, extraordinary
foundation Tor clam. la very inception IL Connected
with and characterized BY expedition a. has been
seen, wholly unauthorized and deemed so improper az
not onyto be countermandcd, but subject lis leader TO
deprivation OF command. Individually, pass opinion
upon the inherent merits of this au OF the case or OF
lhe persons implicated merely state the iacis and
sumo then as the legitimate basis OF my argument
mere repeal The n4u ry-anJ IL ~ suggestive and sg-
hheant-why did Mr. Callaghan at the RIO Grande
aver 'he order was gven and the body oil the
uoos, 70 ooeiience TO It, had returned San Antonio
~ hal obeyed the original order OF Colonel Harney,
'cn required hun TO take bis goods, and hasten to the
ootdue, where he and they might De exposed 10
GSangef rom the enemy. Why not obey the order OF
iaylor which was certainly not less lawful. nor
nsueI IN Us terms, when that would have carried hm
ana 6s goods back San Antonio in safety and under
Popei polectionf II hs claim 10 compensation had its
g5' az ne alleges, IN his obedience 10 the orders oi
Soonei darney, supposins those orders have been
awful lts validity could only have continued, and its
11'uhhatlOn and present allowance only be iusil-
nsd by continued obedience 10 orders equally lawful, in
proved :
is said 10 the memorial, and set forth in the report
eVe hal these goods, at setting out upon the expedi.
Hoh, were delivered lieutenant Of the army, acting
- qlalleTuasier. Ihis, however, only embraces the
uhe ol the march to the Rio Grande and while Colonel
ndihey and hs regulars, OF which this lieutenant
one remained that nver. But it Is not shown. nor
sedUr II ~ not the iact-tha this acting quar-
e Continued in possession and charge OF he goods when
Seekpediiion was ordered TO return. lie returned to
oan Antonio with The other troops leaving Mr. Callaghan
WA MS goods, who chose remain, dsobedIence of
oIgtrs, st the RIO ,srande
Dat Mr. President, il s alleged that these goods were
osssIoyed by order OF the commanding officer Now,
"a nr..F A,It