Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1871-02-07

We might as we'll stop discussing
tariff and free trade, and land grants.
and subsidies to steamships or appro-
priations to canal the Wisconsin riy-
er, aud all that, if DR.. Bests claim
against the United States should be
allowed. Uncle Sam will not be rich
enough Ito give us all farm" This
IS not question, as Senator Howe
regards it, as to whether Uncle Sam
shall pay for brick house which the
"boysin blue" knocked down because
the rebels got into it and shot our
men from the windows. DR.. Best is
not the only man that suffered in this
way during the war. The sufferers
are legion, and would run up to sew
en- figures among the millions. DR..
Best's brick house was knocked into
pr by the cannon Of Fort Anderson,
at the time that Forrest made raid
into Paducah in 1864. The rebels
got into the house and picked off the
gunners in the Fort. DR.. Best de-
mands satisfaction without proposing
to restore the lives that were lost by
tho shots from his house.
The advocates Of this claim at
tempt to rest it on the constitutional
ground that if private property is
is taken for public use, compensation
must be made. We never understood
that this provision applies to what
the Government seizes or destroys
under the oxigoncies of war In ref
erenco TO such seizures the claimant
must rely upon the generosity, sense
ofjnstice and policy Of the Govern
ment, and on the character of the
necessity under which the seizure or
destruction took place. If houses
and improvements are DESTROYED in
actual battle, or in anticipation Of an
immediate attack, ought the Govern
ment to compensate the owner for
setting q house on fire which furnish
ed breast-work for the enemy?
The Government seized and i'm.
pressed steamboats,, ships and rail
roads into its service during the war
II ought to, and has, made amends
to the owners Of property so seized
where they were loyal to the coun
try, not on the ground of a constitu
tional obligation, for this obligation
would require compensation to be
made to rebels as well, but through
its own generosity and sense of JUS.
tioe. When the Government bought
horses, cattle, provisions and clothing
of either friend or enemy during the
war, it must make payment as any
other purchaser. What it has seized
or destroyed under tho immediate
pressure Of warike danger, it neither
is bound to pay for under contract,
or under the constitutional provision
which renders it liable for private
property taken for public use. Here
the Government may discriminate
and exercise its sound discretion.
Under the laws of war, an invading
army may, and does generally, des-
troy all public or private property
which may be of use to it's enemies
in carrying on the war. So Lee pro-
ceeded in his invasion of Pennsylva-
MIA, and so did Sherman and his
bummers in their march from Allan
Ia to Richmond. The Government
IS not responsible to individuals, ioy-
al or disloyaI, for what Lees on Sher-
mans army consumed, seized or de-
stroyed in the ordinary or extraor-
binary operations of war.
If DR.. Best's house was so situated
that FORESTS raiders could get be-
hind it aud shoot at our men, who
thereupon destroyed the house to
save their lives and prevent defeat,
il is the Doctors misfortune and he
has no remedy. 1t is impossible
among manIlnd to introduce a sys-
tenn that will equalize all losses, for
tunes and misfortunes, good and evil,
health and sickness, plenty and want,
life and death included. The Doctor
doubtless suffered greatly in the loss
OF his house, but several Union sol.
diers lost their lives from shots fired
from the building. How can we
make good their losses?