, 1866-01-19

by WHICH It was passed. This seems to DO q
suitable occasion for reproducing our former
remarks upon the Armes case, In which the
general principles involved In claims for dam.
ages were discussed They were us follow:
With the conclusion Of the war, q danger,
little less formidable than that of the war
ttsclf, will arise in the form OF claims for
damages to property growing ont Of military
and nara1 operations. Already Congress has
been assai1ed by a sldrmish line of claimants
and Lobbyists, asking 10 be reimbursed for
houses burned, tcnces destroyed, crops
trampled down, bridges ruIned, cotton, grain,
horses, cattle, fnrnlturs, wood, lumber, forage,
and every conceivable thing captured OF In
jured by our own 1r the cnemy's troops dur
ing the war. While none Of these claims. SO
far rs We know, have been actually allow cd
and paid, We regret to record the fact that
several Of them have at various times passed
one or the other houses Of Congress. Indeed,
thcclaim Of Josiah .. Armes, Of ylrginIa, fol
tie burning Of his Lcu.e at Anandale BIZ Uni
ted States troops, passed both louses during
the first session Of the last Congress, and
failed to become Inv only by the mistake
OF q clerk, who, in the haste Of the closing
hours OF the session, fortunately cnsrossed
the wrong bill The Court Of Claims allowed
one claim Of q similar character in Arizona,
where mill had been destroyed by our forces
to prevent its falling into the hands Of the
enemy. The case was, however, taken to
the Supreme Court on an appeal, and Con-
gress, thus getting scent Of the danger i'm
pending over the Treasury, deprived the
Court OF Claims OF jurisdiction over that
class of cases.
We trnst that the next Congress will be thor.
oushlJ indoctrtnated By the people with the
Idea that these claitns are not TO be paid, or
even considered. It IL sufficient to say that
no nation ever did OF ever can recognize such
clafnh- The real damages to private prop
crty, caused By the war, are sufficient to
bankrupt MI the gore1nmenta of Europe,
while the fictitious ones. which cannot ba
distinguished from the genuine, will swell
the aggregate to incalculable proportions
Our own Government. al the close Of the war
of 1sR, steadily refused TO pay claims for
damages to private property, and the same
principle was reaffirmed At the close Of the
Black Hawk war. Ths ground taken by
Congress Fas, fru, That the Government
could not, by any stretch sf financial iuge-
nuity, provide the money TO pay Them, and
second, that the Government was no more
bound to pay them than to pay for Injuries
caused by lightning, earthquakes and torns-
does War is 8 public calamity like the
plague. A portion Of the citizens lose their
nves, others lose their natural protectors,
others thelr property. Every Citizen"
says the report Of the COMMITTEES on In
II HAf1 xrN1
Black HAwk war clnims, "encounte.s u
share ofthc sacrifices OF national war, and
1t would not be Just to tax an to relieve from
that eacsiflee few, whose Losses may be sus-
ccptible Of ascertammcnt when the grcat
mass have been equally snfIers remotely, If
not DIRECTLY Every m1n who has been 4
loser by the passage Of the legal tender act,
and every man who has been prevented from
cu1tiYating his lands, or seliing his property,
or collecting his debts, BY the existence Of
war, has Us valid a claim upon the Govern
ment as he whose standing grain has been
trampled down or consumed by our own or
the cncmy's cavalry. Indeed, claims have
been presented to the Government for losses
incurred by the inability Of the claimants to
TIL their farms, which were for the time be
ing the theatre of military operations. Claims
have also been presented for the rent Of real
estate IN which troops hive been temporarily
camped.
When the claim OF Mr.. Armes was before
Congress, about one year since, Mr. Wash
bu1ne, In the courte Of an argument opposing
It, quoted the following from report made
by Mr. Hamilton while Secretary of the
Treasury:
.Accosdlng to the Laws and nsaees Of nations, a
State IL pot Obliged 70 make compensation for
damages done to lis oEn dti1ens By N enemy. or
~snlonlS or unauthorized BY Its own troops"
On the score Of humanity, however, Mr..
Hamilton held that It would be well for the
States, where injuries had been suffered, to
mike compensation 10 such Of their own
citizens al have been reduced to ac
tual indlcenee and want, and In the
event that such r course Of proceed
Ing ehall entail disproportionatc
tax upon any one State, he deemed It adyisa-
bic that Congress should in some way equal
ize the burden. Upon principle he would
not concedc that any claim tor such injuries
could be justly preferred against the Govern
me1t, or recognized by 1t, and such has been
the Uniform policy Of the country from the
revolutionary war to The present time. I'm
less We arc prepared 70 sec our national debt
doubled, and finally repudiated in despair, We
must adhere rigidly to TINT principle and that
policy. Congress has already made proyision
for paying for commissary and quartermnster
stores taken for the use of the army. from
loyal persons, by officers authorized 10 pro-
vide such supplies for the troops. The rav-
ages md accidents of WIZ must take care of
themselves.