Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1846-09-10

necessarily with the Obligation 10 nav for bs
use Of the articles thus aken and in Of
nerate the owner So when provisions The property Of the
private citizen, mpeTavey required for
OF the troops Of the United Siates-when then crops are
taken from the ground. and appropriated this object
when their buildings taken possession Of and occupied
barracks for the habilaon Of the troops hospitals for
the reception Of the sick wounded places for defence
against or attack upon, the corrmon cemyn all these
cases the same general principle involves the obligation OF
compensation Tor the and alton for the loss
property thus taken and consumed destroyed in pub
lie service"
I This undoubtedly, is the sound and the true doc
trine the FIST quotation clearly shows for what the
government is not responsible to the citizen and the
latter shows for what the United States really
sponsible to the citizen.
The testimony of the Hon. Mr. CoHen TO the truth
of the foregoing doctrine is introduced because of
reference TO Mr. Madison, who was also a believer
in it. as all know who acquainted with his sum-
mary dealings with Richard Bland Lee, commissioner
Of claims. Mr.. Cowen SAYS Gin a report upon a
claim from Black Rock, New York ,
IIad Black Rock been fortified or gauisoned town. and
had il held out against the enemy until reduced BY famine
the force Of to unconditional surrender, the nd
cmnae page aud destruction Of private property In
pace might have been, in former days justified
BY precedns derived from the usage practice
conqnetng amy in the eighth ninth century. But
be obliged to trace in the footsteps Of civilized nation in
the esheenth century, such wanton indiseTmae desuc
on Of private property characterized the action Of the
British troops not only in the destruction OF Black Rock aud
Buffalo, but all along the Michigan Ohio and Niagara on
tiers well the shores Of the Chesapeake circulated
produce the feelings Of every reader Of the history
those nes not only The deepest sympathy Tor The sufferers
but abhouence OF such savage violation Of all rules OF
civilized warfare and that by nation claiming for her
armies the most exalted character for chvaous magnanim
ty towards fallen conquered foe.
"Whese property ndiscTimnateY destroyed il
fontier by British and their savage allies in
the late it is difficult 10 what house other proper
~ destroyed for its military character
cupation hence the pfopriety Of President MadSons
views Of the letter well spirit Of The Of April g.
1916 pointing out clearly aud distinctly the Of evidence
% b 20 SaV n Gr1n unaer
showing what that law intended by such military occupa-
ton Of private property would make il legitimate OBJ
ject Of destruction by civilized enemy.(See American
State Papers, vol. Claims, pages 497 and 400.
"The aggregate amount Of property lost by this devasia
ing these frontiers rendered impossible to be met
BY the Of the national treasury, il the principle
upon which such claims rest ADMISSIBLE But gov
eminent be expected to indemnify for losses arising
its citizens subjects from the wanton destruction Of pf-
property by its enemy in time Of Let prin-
cple be adopted, and il will operate premium
your enemies in time Of avoid attacking your lOrt-
cations, armies, other Of public defence and steal
upon your unprotected cities, towns, and villages for the
purpose Of laying them waste, the most ecetsal
Of cppng the government, and rendering incapable Of
performing its legitimate duty the Citizen and defending
the country against foreign invasion and ha conquest The
committee therefore think that the petitioners
tied to relief and offer 10 the House, for ADOPTION the fol-
/ lowing resolutions:
Resolred That the prayer Of the petitioners ought
be granted"
will close my quotations with one from the we'll
known Mr.. Giddings, taken from the report made by
him in the equally we-known "Bulow case,'' In
which payment had been asked for negro houses &c.
&c. which had been destroyed by the Indians. 1t
will be that he has been forced take sim
liar ground with the preceding members of Congress
will his authority be received by the abolition wing OF
the opposition Hear Mr. Giddngs:
"Immense suffering, and losses from Indian deprcdalsns
sustained by the frontier portion Of inhabitants dur
western Virginia, and western New Yo.k various periods
suffered great loss Of life and property at the hands Of
savage foes After the close Of the Ievouion many Of
people in the Northwestern Territory, western Virginia
Kentucky and Tennessee fell before the Indian rife aud
omahawk while their entire property, in many instances
was burnt e flames that consumed the bodies of its
dered At still date Ohio, Michigan
Indiana aud Illinois, have presented Of slaughter and
destruction by savage barbartt The suerngs Of our peO
pie from the cuees Of Indian warfare fill large space in
the page of our cOunys htoy with their details all are
familiar With the sufferers, we, individuals deeply
sympahise in their Affections, and lament their losses but
legislators feel bound follow the pecedcnt and 10
adhere the policy which for than half century has
controlled the action Of Congress in regard Indian dpe-
dations.
GAS early as the year 1900 committee Of the Senate
pressed their belief that the whole of the United
States would scarcely be competent to meet the dcmands of
applicants for indemnity for Indian depedaonS il the prin-
cple Of relief adopted. See American State Papers,
volume Claims, page 222 The case of Elizabeth House
widow Of Joseph House, well calculated TO exhibit the
tenacity with which the policy Of government ad
heTed decided in 1922. The petitioner a
sdent Of Montgomery county, New fok In lIII, while
her husband was from home IN the service OF his county
party OF hostile Indians attacked her house. burnt il, with
all the property in it, took her prisoner with her two nsn
Children the oldest Of which they murdered and carried he
with the other child TO Niagara, and other distant places
where suffered all that human be supposed
to be capable of enduring She held in captivity on
years after her and the death Of her
she called government for indemnify for the loss Of pro-
petty destroyed by the savages.
ii unsafe aud nerpedient 10 afford The relief prayed for TIL
su6erings Of the Pettoaerh is admitted, present strong
others upon chom the like eTuetieS hare Pracsed
the Indians If the present claim be dOced others Of sim
liar character cannot ich propriey be rejected AilOt
this cia and prncPie is established which makes th
government responsible for all the 0urdge hich hare beer
or may be committed By sardge upon the persons
the committee ructre TO The Of the nation
"From the date Of this report il believed that in
stance has Congress allowed indemnity for Indian depeda
tons PiOr 20 that time, is true particular instances
found in which relief granted; but these
which can be accounted for only by supposed hurry
tentive legislation.
and instance do they exhibit the principle
on which they founded. Bn during the last invent,
years is believed that perfect uniformity has characterize
the reports of this committee the subject Of Indian de
predaions and the principles which these reports
based be found in report No 1901, H. r. I'd session
25h Congress, made by former chairman Of this commit
ee considering The claim Of Alexander Watson. (Fd
reports Nos. 932 and OPS Of the session. The lin
cipes governing Of this description have been Ion
adhered by this committee and their reports have been
uniformly sustained by the House OF Representatives, that
decisions have been established from which IN
committee al this time unwilling to depart II depar
tue from these principles be considered necessary by III
House. the committee opinion that it should be Tn
act Of House. and from that body Under ihcs
conscientious the committee feel bound to reject that par
petitioners claim in which he asks indemnity for pro
destroyed by the Indians other than The buildings
cupied by the troops military stores barracks at IN
time OF their destruction. For these the petitioner claim
entitled compensation agreeaby TO the odnaT
legislation Of Congress in other and analogous
Rep, No. l76, 81 session, 9th COngress
To all this evidence that the veto called for
prevent great change in the practice of the govern
ment but one answer can be seriously attempted to
: given. And that is, while admitting that the Unite
States are not liable to pay for the damages sustaine