Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1866-12-28
CLAIMS AGAINST THE GOVERN
MENT.

use a wise ciTcumspcctlon lnailoWlng ana
paving these claims Their settlement
affords a wide margin for imposition and
fraud; and there should be u court en-
bowed with full powers to receive, audit
and determine their g-nuineness and va
iidity: otherwise. the treasury is likely
to be depleted to an enormous extent by
uuscrupulous. Tartie. Ii is tie impeIa-
tive duty of the government to pay al
Just claims. This is made as positive By
the constitution, which says that private
property shall not be taken for public use
without Just compensation, as 1t Is obli-
gatory in morals. When properly
proved and authenticated, these claims
cannot be rejected and repudiated by the
government, without doing great injustice
10 individuals, and furnishing the nation S
financial honor The rule for allowing
them should be stringent, but the rule
for their payment should be absolute
and IFS execution prompt This much
we assume to be indisputably true, and
that it will be 50 recognized by every
honest, lair-dealing man, who understands
the simplest business transaction.
The late proceedings in Congress, how.
ever give little hope to claimants. A
bill and joint resolution Of the following
tenor will probably soon become the law
in regard to this matter.
AN ACT to declare the sense Of an act entitled
An act TO restrict the Jurisdiction Of the
Court Of Claims, and to provide for the pay
Inent Of certain demands for quartermasters
stores and subsistence supplies furnished 20 the
army Of the United States"
Be it enacted by the Senate and House
| Of Representatives of the United States OF
| America in Congress assembled, That the
provisions Of chapter two hundred and
forty Of the acts Of the Thirty-eighth Con-
gress, first session, approved July fourth,
eighteen hundred and siXty-fOur, shall not
be construed to authorize the settlement of
any claim for supplies or stores taken or
furnished for the use Of, or used by, the
armies Of the United States, nor for the
occupation OF, or injury TO real estate, nor
for the consumption, appropriation, or de-
| structiOn OF, or damage to, personal proper
! ty, by the military authorities or troops Of
the United States, where such claim
! originated during the war for the suppress
sion of the Southern rebellion, in a
State declared in insurrection by procla-
nation Of the President Of the United
States, or in a State which by an ordinance
| Of secession attempted to withdraw from
the United States government: Provided,
That nothing herein contained shall repeal
or modify the effect Of the Joint resolution
Of Congress passed July twenty. eighth,
eighteen hundred and sixty-six, extending
the provisions of the said act of July
fourth, eighteen hundred and sixty-four, Ia
the loyal citizens Of the State Of Ten
nessee.
Resolved by the Senate and House OF
Representatives Of the United States OF
America in Congress assembled, That until
otherwise ordered, it shall be unlawful for
any officer Of the United States government
10 pay any account, claim or demand
against said government which accrued or
existed prior to the 18th Of April, 1861, in
favor Of any person who promoted encOur-
aged, or in any manner sustained the late
rebellion, or in favor Of any person who,
during the said rebellion, was moi known to
be opposed thereto and distinctly in favor
OF ITS suppression: and that no pardon
heretofore granted, or hereafter TO be grant
ed, shall authorize the payment Of such ac-
count, claim or demand, until this resoIu-
ton ismodifed OF repealed.
These measures are intended to exclude
the settlement Of any claim by the gov
eminent held by a person who cannot
establish the fact that he or she was and
is loyal They repudiate claims existing
prior to the war, and those aceruing
since, unless the party can satisfactorily
prove an affirmative They propose, in
defiance of the express language Of the
constitution, to take private proper
ty for public use without compen>
sation, and drive the complainant from
the door Of the government unheard. 1t
is sought to be justified upon the ground
that the amount of unpaid claims would
largely swell the public debt, and that
none but the loyal are entitled to pay
ment The first position has no founda-
ton in morals, and is utterly indefensible.
1t is not the business of the nation to in
quire how much it owes in order to deter
mine whether twill pay. 1t is bound by
the supreme law and every principle of
honesty and honor to ascertain its
debt, whether it be great or small
If it be beyond its ability to
meet the reputation should be open
and general. There should be no favored
class in the adjustment OF its financial
obligations The second position cannot
be maintained The taking of q mans
property for Government uses and the re-
fusal to pay on the alleged ground that he
was a disloyal citizen, is a species of con
iscation for which there is no warrant in
law 1t is required cf the Government
to prove iudicially and condemn, before
it can punish or deprive of property
rights II is grealy doubted bv many
whether the latter can be done at all be
yond at least the life estate of the i'm
mediate transgressor But this legisla
tive reputation of claims without
hearing is a sweeping confscation. Ii
condemns vast masses of citizens included
and described by territorial limits to at
tainder and forfeiture of their property
by bill.
We believe that these Radical devices
20 defraud claimants of their Just rights
cannot stand Judicial tests; but the Cons
gress holds the purse string of the ma
ton, and so long as a majority Of its
are disposed to be governed bv |
such paltry and dishonest motives nothing
practical can be effected to relieve them.
II leyies without remorse, special and
onerous taxes upon the industry Of the |
people whose Just dues from the Treasury
It thus ignores, and simultaneously calls |
itself blessed, and the possessor of all |
truth and uprightness in the name Of a |
spurious loyalty
REMARRABLE MOVEMENT AMONG THE
Jews IN BoMRAY.-The Indian P5ris-
yEesa, a Portuguese journal published in |
Goa states that great excitement has