The Fremont weekly journal. [volume] (Fremont, Sandusky County, Ohio) 1867-1877, 1869-04-02
Speech of
HON. HOMER EVERETT,
: In the Ohio State Senate.

Inc Bill allowing compensation lot oam-
ages 10 property, by the Morgan Raid, bsiug
under consideration.
Mr.. Everett addressed the Senate as fol-
lows:
Ma. President: l dePlore the ravages of
the late war for the suppression of the South
ern Rebellion, and believe my desire to re-
store to each and every indiuidval, who has
suffered thereby, what has been lost, is rs
earnest and sincere as that of any Senator
here. When, therefore, the subject of paying
these claims was first presented to my mind,
it received favorable consideration. But
further reflection, and the facts brought out
in this discussion, satisfy me now that to
pass this bill will show Partially to a por
tion of our people, which will give another
and larger portion good cause to complain.
THE MORGAN RAID.
Sir, what are the facts7
They are briefly these: In the year 1868
John Morgan, with his band of rebel cavalry
entered the State, on the west, and making
his way to the southeast passed through
some twenty counties, and was finally
captured and his forces dispered, in the
county of Oolumbiana. In his passage he
took from the inhabitants, along the route,
such subsistence as his fore needed, and
such fresh horses and cavaly equipments as
he thought would add to the celebrity of his
movements.
L believe it is not charged that be was
guilty Of e wanton destruction of property
Horses, saddles and brides seemed to be his
chief objects of appropriation, and form the
major part of all the property claimed for in
this bill When captured, the property thus
taken by him, not consumed, as well as that
brought with him ipto the State, on hand
at the tune, fell into the hands of the United
States forces. The people thus dispoiled of
their property, asked for relief, and on the
Both of March, 1864, by act of the General
Assembly of the State, a commission was
appointed to examine these claims and report
upon them, The act contains this reserya-
tiOn and explanatory clause. 1 read from
the statutes of 1874:
''It being the object of this act to have
careful examination of said claims, and re-
port as to the nature and amount thereof;
but to leave the question of the liability of
the State open and undetermined for future
action"
The report of this committee makes print
ed volume of 453 pages, and among other
thirgs shows that the aggregate damages
were as follows;
Damages done by therebels. s42s l6s
Union forces under COM
mand of U. S, officers. IA, ,s55 |
Damages done by Union forces not under
command Of o. S. officers, 6,2O2 1
s576,225
Here is an aggregate sum of more than
half q million of dollars, which, if the bill
passes must be paid by taxation on the peo-
Piles property. 1t is said moreover, but with
What truth do not know, that if the door of
The treasury is thrown open by the passage
If this BILL a large amount is yet to be
brought up and pa d, besi les this new be-
ore US. Of this total of 1916, 225 the COM
mission says, that $2O,552 was for property |
aken by the rebels and traced into the |
hands of the United States forces. It's not
IhOwn by the report nor elaine ed by the /
advocates Of this bill, that destitutiou or any
'xtreme suffering resulted from the taking |
II the property, for which this claim is made.
No one was killed, none left homeless or even
n a condition of want for the necessaries of
ifs. This claim is not for the relief Of the
ufferiDg, but only to repair damages 10
property occasiored by the chances of war.
zHE LAW OF THE CASE.
The Senator from Franklin (Mr. Hutchin-
ou) asserted that the State is under legal
litigation to pay these claims. because it
ad failed to furnish adequate protection to
be property of the citizens. Upon question
owever, and a close examine ton of his own
on the subject, he rece ded from
bis position, and concluded by claiming d
hat in this case the State is not bound by K
ny law, but that we in deciding case like Il
MS, stand above the quirks aud technicali- a
es of the law and lower courts, and consti- ,
lte great high court of equity, uutram- a
leled by any rules, with fall power ard 4
Ound in conscience. to do Justice 10 all sub lc
,ets. L
Mark the conclusion, bound IN conscience '
do juStic to all its subjects To the iuris- n
ictiOn and decision of this court, with this t,
ower thus bound, submit this case a. d v
It Us try it here. First let me call atten-
on to the language of Vattel, the standard a
lthority on questions of this kind, and the G.
me alluded to by the Senator from Frank "
D. read from page 4O3, section 232; a
'Is the State bound to indemnify iudi- le
duals for damages they haves sustained in =,
arr d
Alter showing where The State should Il
~ for properly appropriated by itself for
ar purposes, or destroyed by its order for p
9 public safety, should be paid for and
here it should not, the author proceeds d
us: o'
"The same may be said Of damages caused 81
: the enemy. All the subjects are exposed Iac
such damages, and woe 70 him on whom e,
ey fall. Ths members Of a society may of
ell encounter sush risk of property, since
ey encounter similar Ii>k of life itself.
ere the State to strictly indemnify all eli
Ose whose property is injured in this man. CO
T, the public finances would soon be ex-
usted, and every individual in the State
1uld be obliged to contribute his share in W.
e proportion. d thing utterly impractical no
. Besides, these indemnifcations would ed
liable to thousand abuses, and there -
'uld be no end to the particulars. II is
srefore, to be presumed that no such thing me
IS contemplated by those who united to an
m society" tb,
Here, Mr.. President, l make this point, tn,
It to equalize the losses and damages by VIC
} late war, so that each individual shall an
ltribute due proportion, is utterly i'm del
as 1 shall endeavor soon to abb
Ike plain. The same author continues as ]
lows: ipp
But it is perfectly cOnsonant to the duties ert
toe sovereign, and of course perfectly o~
litable and even strictly just, to relieve as =,
as possible those unhappy sufferers who :
re been ruined by the raYages of war. As vii
ewise to take care of a family whose head I
support has lost his life in the service OF for,
State. There are many debts which are -
sidered as sacred by the man who knows Dill
duty, although they do not afford sny paiC
und ofaction against him." en-
COMMENTS.
-ou will see that this great author speaks by
of damages caused by war and then dis I
,uishes them from individuals ruined by Ihel
i. To adjust and equalize the one is cut pre-
y impracucable;" to relieve the other erty
? be consonant with justice, but there is sold
egal obligation to do either. There is, In