The daily union., 1854-02-19

legal repre- sentatives OF hinado Johnson ana Ann II
Johnson which was read second ume ana cohsiueted
The h proposes to pay for tobacco destroyed by the
BRUSH in 1914 the village OF Nottingham and Mce'sa
Mr. BAYARD asked for The reading OF the report
which was accordingly read |
The report bases ,he rghuness OF Inc cam upon me
principle that the ought 10 reimburse its Gu
lsns whenever private properly has been, according 70
inc usages of civilized watiae. destroyed by an enemy IN
of being taken and used as means OF de
fence by authority OF the government or ts agent 4
Mr. SHIELDS II strikes me that his blll carries me
matter OF ndemnhcaion very ia-mnch farther 'lan y
,he intention OF general law. The accden's OF war
are such that no would be ape to Indemnify, IN
nv opinion private individuals for all the osses maj
might be sustained Now, ihe principle OF this Dill n
carried ont would require the government, N case CITY
ia bombaJdeJ and property IN that city destroyed by such
boobafdmeni indemnify the citizens that suffer losses
thereby do no, believe that principle could De main
tained ia any country There certain cases where
the government is bound TO make up lossesand that 49,
where The government itself, the government troops
take possession of house, and for the time being con-
vert that house into foriifcaon, in cons qnence OF
which The house 10 des royed ln that case The govern
nent ought make up Tor The oss, and s bound to do
according to general law but where me destruction
is one OF lhore unavoidable and inevitable casualties
which attend civil wafiare-such as the destruction OF
city Of property BY enemytheo hold that the gov
ernmenl is not bound TO make up such losses. When
war exists in country the citizens o that county must
share portion Of the caames OF it,. The government
cannot BY any possibility indie nniiy all those who may
suuer loss. No government does So What strikes me
in this bill Ia the length to which this principle OF nden
nica,ion is carried II act upon the principle sci
forth in This bill and an enemy should bombafd any one
of our Giles as The Americans bombardtd Vera Cruz, It
would become the obgatoh AMI duty OF the government
10 make up all The iosses 10 private citizens who mgh
susy in consequence Such principle carried out would
ruin any government earth, Tor lhe damages may be
80 great that il would be impossible cr any exchequer 70
NEE, their payment he principle Is daaserous one
the senator from New York that he disposed II such
Is The pleasure Of the Senate to proceed with bis speech
10. day upon the Nebraska bill u be the nienlion OF
thAn maid q
q, the expiration OF the morning hour II would be idle
for me attempt nlo the discussion oil the primer
pIes eced with iIs claim, as could not conclude
my remarks before should feel obliged 10 give way
This claim with great number OF others, was referred
10 me when became member OF the COMMITTEE Oh
Claims at the first that took my seat mem
Der of this body After giving these claims the best
consideration coud, made up my opinoa against ihem
though adverse to the views ofihe res. OF the committee
wsh therefore. 10 assisn my reasons Tor opposing the
principle upon which this bill founded, imbodes
class OF and also 10 express my views az regards
the application OF the facts TO The prhcple IL VIII take me
time probably 10 do that, aud should dislike % De
Obliged 10 break oil o'clock II, however. II Is the
intention Of The Senate not TO pass by private bills To-
day. 1 am perfectly willing TO go on | only wish TO
know what is the OF the Senate.
Mr.. PETITE II win have to be postponed for the
Nebraska bill at one o'clock.
MI BAYARO. Ii ii is The understanding oil the Sen
ate that the discussion OF the Nebraska b is 10 be
sumed O'Clock, prefer that this bill Should be
postponed. The senator from Maryland. Mr PRATT,
who takes different from what | do upon this
question intends TO inter into dscussion and there
would be but partial discussion II we were to go on
only ul one o'clock move. therefore, in order to test
the OF the Senate that The further consideration oil
this bill be postponed
Mr. BRODHEAD supposed, Mr. President, that
this question was settled when the Senate me, this
mornngthat under the rule this day was 10 be devoted
excusIvey TO tbs consideration OF private bills H. how
ever there general understanding TO the contrary
yes,erdsy: y: y w'll make Ir. no objection hon .,s
20 I'LL one o'clock and ,nen take up the Nebraska
-
pose angle objecuon TO The general sense OF The Senate
do think IL right and neve' VIII DO when see
acs %soy 70 proceed to pao' . Ias 10
aseet,ain The sense of the Senate
Mr. ADAMS. Before The vote is taken, wish 10 say
,ha thia bill passed the Senate after full discussion,
am not the last session Such was the
OF the Senate ascerained last session There be
Aome change OF opinion since that time; bat let me call
shs attention Of The seDatof fom Illinois Mr. SHELD.
to TEXTURE In this differing from The principle which
he Iays down am confident when that senator looks
into the facts oil this he will not only change his
views, hat his vote upon ,hIs bill.
Mr. PRATT The senator voied for IT last year.
Mr. ADAMS. This is not the same character OF case
that 10 which the senator IRON Illinois refers, The
principle upon which lhis bill Is reported Is ihs The
properly soneh 10 be paid for by thit bill was used
OF defence. in consequence OF which II was de
soysA by the enemy. The proof shows that this prop
cry used battery by our troops. and according
to ny recollection Of the bll. this made
caption for that reason. II am right. J am cure The
generous disposition OF my friend from Illinois wall in
The yeas and nays were ordered.
Mr. PRATT. Imagine that private claims will yield
the public busnsss of the Senate, and therefore that
this bill will not be fully discussed to-day ln justice to
the clam, and 10 those which may rest on similar
foundation, II may be proper shat should give some o
The facts n the 10 dsatuse tne mint of ibs
from Illinois and those who may have heard bis
remarks.
Upder the general law of 1870 the government OF The
United States pledged itself TO pay Tor all houses ard
buildings which were destroyed by the enemy, whete
the desruct'oa was caused by tue occupancy OF such
houass by the military forces of the United States,
the agent OF The Unied States That vas the principle,
The principle OF the presen, bill .. that The government
aay bound TO for personal properly where that
gersonai property destroyed by foreign eDemy IN
consequence OF being by the officers OF the army
of the uniisd States The committee who reported this
BILL a. they state IN their report have been unable to
the difference between obligation 10 pay Tor
houss which destroyed being occupied hy the troops
o the United States hadcf the autbony OF the govern.
men and the obligation to pay Tor the personal properly
thus occupied, and which is destroyed with the house
Nov, II the committee - right, would ask my hon.
orabe friend from Illinois, between nov and next FRI
day. when these private matters will come up again. 10
consider whether he can iorm. IN his own mind, a
distinction between obligation 10 pay Tor personal
property which happens 20 be within the house occuped
by the American forces and destroyed n consequences OF
such occspancy and the obligation 10 pay Tor the house
itself
Bat. sgan desire 10 throw ont another vie " ut this
question for my friend TO consIJer he tobacco IN one
OF these houses ios whose destruction compensation IS
claimed. was taken away by the BRUSH after ,he'r re-
destroyed. Now. my friend tom Delaware voed yes
fnr fhs tnen Tie hAs