Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1864-02-26

GssPeHsntsoa Of Property Eoat or De-
ssrsyed HarlaE she War.
-From the Richmond xsnissr.l
The Committee on Claims Of the Hoase Of
Representatives has made an important repo7t
10 Congress on the subject OF essnnpnrat;sn ~
property lost or destroyed during the wsr.
The report interests a large clsss Of citissas
and includes some vital constitutional cues
lions.
The claims embraced in the report ara for
property taken or destroyed By the enemy for
property destroyed by our forces As a military
necessity, either when in the occupancy of tho
enemy, or to prevent it from falling into the
hands OF the enemy; OF for property w~auioniy
or unnecessarily Injured or DESTROYED BIZ pef-
sons CONNECTED With the military service Of the
Confederats Stsiss snd property taken by tbs
Government Tor public use, or taken and used
by the CenfedeTste troops without the authority
Of the Government.
Tho committee do not admit, as 3 general
principle, the Government can be held eflhsr le-
gAlly or Justly liable for losses sustained By in
dividuals from the acts Of the public enemy.
The doctrine applicable to municipal corpora
tons, which are held responsible for The desiruc-
tion of private property by the lEwless act Of a
mob, can have, says the committee, no legitimate
application to bsllieeTent nations. There is no
acknowledged principle Of public law, OF Of po-
liiical OF moral obligation, which render It the
QutF OF TIC GA&b1 70 llAcEluliY hHHDfelH UY me
casualties OF war. The committee c0ntcuded
that it is the 6rst duty Of the Government 70
look to the welfare and preservation Of The whole
body polite, and it msy be destructive Of this
welfare that it should assume The burden Of iu-
dividuAl losses incidental to = great public WET.
The ccmmiEtes says "Fhere Is no i~uslsnes
that has fallen under our notice whsTa e0mpe1-
saiion in such cases has been made, except IS 3
mere gratuiiy, sud from motives Of bensvolencs
III
ists, above referred to, Mr. Pitt, then prime Min
lister, while advocating some in5emnity for the
Losses sustained by the claimants, TsmsTkod,
emphsticAlly, that however stTeng might be The
elsim, tbs relief extended should not be regarded
as due, an The principles Of right and strict jug
tics, and the amount Of S45 100000 claimed
was vsnluhlly scaled down to ne.thiTd Of the
UNI. aud wss, after s delay Of seveB years, paid
in Government debentufes, bearing a interest
Of thTss aud = half PER cent per annum.
"Tbe Congress Of tho Uaited States, or the
oh Of April, 1916, passed 10 act to prove in
demnity for losses sustained by American eiii.
gems, as the consequences Of tbs ysr with Crest
Britain, but the relief was by the express terms
Of the statute, limited to cases Of property lost
while actually employed in the military service
"Befcrs referring to ths legislation OF The Con-
gress of the Confederate Sistes on tia subject,
it viii be appropriate 20 pass to the cousidsTa-
zion OF the second class Of claims referred 90,
VIZ: Those for property destroyed by our forces,
SIS 8 military necessity, either when In the ooca-
psncy Of the enemy, to prevent i from falling
into the hands Of The snemy; OF for property
Wsntonly or unnecessarily destroyed by persons
connected with the military servics OF the Con
fsderass States.
This clsss Of claims, It may be remarked, al
though neither so numerous nor 30 large as those
falling under the preceding head, arc yet Of no
uncomfortable number or magnitude, especially
whsTe reference is had TO ihs present ability Of
the Government 30 provide for them. Though
occupying, as is generally supposed, a moIo ia
yorGbls footing than those OF the FIRST class con-
sideTed, yet, as a general rule il may be safely
affirmed that neither, in regard TO them, is there
any fixed principle Of law or equity which in
poses Upon the Government any absolute duty
Of recognizing and adjusting them, the obl3ga-
ton to do 90, If il DO an obligation st Sll, is
known as imperfect obligation, which confer 10
right to demand a fulhlment, even in point Of
conscience; but for the performance Of which
the party affected is responsible only TO the
moral Law, IS, for example. ~thssxsTciSs Of the
virtue of charity, beneYole1ee and gratitude
OF esteTs.
Nest Of the claims Of The class referred 10 are
for compensation for private buildings destroyed
or injured by our forces when in setuAl conflict
for tie purpose of dislOdging the enemy, who
was using them Is : covert, OF for the destrue-
ton OF tobacco, cotton and other property which
the owner could not, or would not remove, aud
which were liabis to fall into the hands OF The
enemy and aid him 10 prosecuting the war.
The committee concludes that the claims en-
bTscsd under the irst and second hesd are not
IS = general rule, REGARDED "a either legal OF
strictly equitable demKuds upon the Govern
ment, but ss appeals addressed to the generosity
and sympathy Of Congress. Il is not denied
that exceptional cases may exist, growing ont
Of the nature Of the properly destroyed, tbs
relative condition Of exposure and peril in
which it Wss placed, and other peculiar cirenm-
stances; but, taken as a whole. any relief
granted could not be considered a. the discharge
Of an obligation resting upon the Government,
but IN Tia Light CT = boon OF g~Hstuity.
As TO the third and remaining description Of
claims, viz; those for property taken by the
Government for public USE, or taken and used BY
the Government troops without the authority Of
the Government-ths committee I'd mits,f for those
which sre for property tsken for the GSe Of the
Government and by its authority, tbs Govern.
ment is not oBlY hound as q matter Of right sud
Justice, out by the paramount authority Of the
Constitution. The chief, il not the only source
Of difficulty in regard to them is in determining
disputed questions of liability, not for The use Of
ths properly, but for lie vAlus, in cases Of slaves
or other property temporarily used by the Gov
eminent, either by eontrsct OF imprisonment and
where. IN consequence Of death or soms other
cause, the Government Is unable to restore the
property to the owner. The fact Of such inshii.
ity viii, Of course, depend Rpon the eiToum
stances Of each particular case, and as the num-
Der Of such cases msy be very considerable, TO
avoid the evil of special legislation and to pro-
vide g prompt and adequate remedy, il is recon
nsnded by she oommisiee that a iFibunsl shonld
be constituted competent to determine such
cases as they arise.