New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-05-17
THE CLAIMS OF SOUTHERN LOYALIsTs.

WASHINGTON, March 16.-Gen. BIS Roberts
makes points of interest follows in brief Of author
tiles and argument addressed TO the Commissioners on
claims Of loyal subjects Of the South in the case Oh
the widow of ChiefJustice Wayne:
First Under the institutes Of nations, binding on all
civilized governments property of loyal subjects cannot
be taken without just compensation.
Second Laws Of war drawn from these institutes nusi
conform TO their humanity VI doctrine. that makes all
acts OF war unusabe that 90 beyond necessity to I'M
pair take, Injure the property or SUBJECTS.
Third: when damages occur and proper Is taken ny
the necessities of war; Ii Is or the highest oSalOn Gu
governments to make full compensation When peace
fourth That the Constitution Of the United states
forming such doctrines that private prop
ery shall not be taken for public use WITHOUT Just co
pensaOn and that in time of war soldiers SHAH not be
quartered citizens, except according TO laws Con
gress shall prescribe. , 49,, 4. .,,,o A.,
law how soldiers shall be quartered citizens in time
of war; attempts TO repair the damage done 10 eit
Gems in the States in rebellion by tDe acs apprOFeo
March g. 1871, constituting the commission. -, l.,
Srh That its powers are re- te a Do.h 1s
and supplies taken furnished TO the United state.
armies are extremely broad ana IN ~ tbs
"loyal subjects Of the States in rebellion the comins
sion must give generous and free Interpretation Of
Sese,M That martial law having been declared in the
states in rebellion, the loyal citizens had no appeal te
civil courts authority, and were OF necessity compelled
To acduesce In all military exactons.
stores and supplies whether by marauding and plumber
or by authorized fOragng parties Is imnateria to the
must lUS infer that all taking property authorized
Ninth: That the law does not discriminate Detween
property taken by pagers or by authorized parties, IL
t. used By the army and that therefore the Commission
cannot Proof that stores aud supplies OF loyal citizens
are taken and used by the army Is all the Commission
can impose claimants; and that severity OF proof
should not be required except so far as Is CON
cerned as In the very nature and distress OF clrcum
stances In war clear testimony cannot be had
TenLh: The sacrifices or these men were unexampled
and their devotion the Union when the most threaten
ing and appalling peris daily encountered. makes
them the heroes the war, entitled to magnanimods
generosity and compensation.
The claims before the Southern Claims Comm ssionet
were Of the usual character; mostly for fencing burned
forage fed to cavalry and wagon horses, and for poultry
and garden sass used by Blenkers men IN the early
part of the war; Wednesday, May II, IL allotted 10 the
eases OF Henry McWiams OF Alexandria, for SO the
Hon Lewis Mckenzie, memer OF Congress also OF Alex
andria for $3926 and Jas. NOkes OF NOkesyle, virginia,
for The Commits sioners stu denDeratnR on
the and safest of taking the proofs In thSs
cases that cannot be brought before them personally
Several special Commissions have already been desg'
mated in various parts OF the South, but their authority
IL quite limited and strict rules are In preparation Tor
their control They Will be alh sed to take the testi
mOny only OF such persons are referred 10 tae and
on no other points that may be specially designated H
is probable that before authorizing the special Commits
sioners To take the testimony, the commissioners VIII
require the interrogaons in each case TO oe ed with
themselves for examination. These requirements are
likely 10 occasion dissatisfaction on the part OF claimants
and ATTORNEYS they only DO relaxed at the risk
OF damage TO the public Treasury.