New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-06-08
ayelr Orleans gtpitblifals.
"1>~1>1'>>lN'S
nFFIrIbL JOURNAL OF THE UNITED STATES
OFFICIAL JOURNAL OF NEW ORLEANS
THE CLAIM OF DIR. J. MILTON BEST


The President on Saturday sent the fol-
lowing message to Senate:
To the Senate Of the United States:
I have examined the bill entitled "an act
for the relief Of j. Milton Best" and being
unable to give it my approval, return the
same to the Senate, the house in which it
originated, without my signature:
THE bin appropriates the sum of S25, 600
Ia COMPENSATE DR.. j. Milton Best for the
destruction of his dwelling house aud its
contents by order of tie commanding Off
Ger of the United States military forces at
Paducah, Kentucky, on the twenty-siXth
of March, 1864. 1t appears that this house
was one Of considerable number de-
stroyed for the purpose of giving open
rance to the guns of United States fort.
ON The day preceding the destruction the
house had been used as a cover for rebel
troops attacking the fort, and apprehend-
ing a renewal of the attack, the COM
mandiDg officer caused the destruc-
ton of the houses. This, then, is a
claim for compensation on account of
the ravages of war. 1t can not be de-
MED that the payment of this claim would
invite the presentation Of demands for very
large sums of money, and such is the sup
posed magnitude Of the claims that may be
made against the government far necessary
and unavoidable destruction Of property
by the army, that l deem it proper to return
this bin tor reconsideration. 1t is a general
principle of both international and NUM-
cipal law that all property is held subject
not only to be taken by the government
for public uses, in which case, under the
constitution Of the United States, the
owner is entitled to part compensation
but also subject to be temporarily Occu-
pied, or even actually destroyed, in times
of great public danger, and when the
public safety demands it; and in this latter
case governments do not admit legal OBJ
legation on their part to compensate the
owner. The temporary occupation of, in
juries to and destruction of property caused
by actual and necessary military opera
lions are generally considered to fall within
the last mentioned principle. If govern
ment makes compensation under such cir
eunlstanees, it is matter of bounty rather
than of strict legal right. If it be deemed
proper to make Compensation for such
losses, suggest for the consideration
of Congress whether it would not be
better, by general legislation, to provide
some means for the ascertainment of the
damage in all similar cases, and thus save
to the claimants the expense, inconvenience
and delay of attendance upon Congress,
and at the same time save the government
the danger of having imposed upon it Pc
tltiOns or exaggerate claims supported
wholly by eX parte testimony. If the
claimant in this case ought to be paid, so
ought all others similarly situated; and
that there are many such can not be
doubted. Besides, there are strong reasons
for believing that the damage in this case
has been greatly overestimated. If this be
true, it furnishes an illustration of the
danger of trusting entirely to ex parte tes-
timOny in such matters.
Z. S. GRANT
Washington, June l, 1872.