Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-11-11

was partly bound for the payment OF
the debt, and could not release itself by
any act but one of payment. 1t could
no more release the United States from
this obligation to compensate the
individual owner for his pro.
perty thus taken for public
uses than it could release the United
States from the claim of private citi.
zen whose land had been seized by the
government as the site. for a lighthouse
or navy yard. 1t could, however, and
it did assist in ratifying an amendment
by which the United States Govern
ment was forbidden to discharge an OBJ
legation which it incurred under the
fifth article of the amendments to the
constitution. 1t could not release the
United States from any inter-claim of
individuals, but it could say that they
should not discharge this obligation to
pay this debt. They thus multiplied
the obstacles to fair and practical So
luton of the difficulty, and aided to
place the United States in this absurd
dilemma. If they compensated the
STAKEHOLDER, whose property was taken
for public uses, they violated the four
tenth amendment to the constitution,
and if they failed to pay this claim,
which accrued before the adoption of
the fourteenth amendment, they vio-
lated the fifth amendment, which de-
clares that private property should
not be taken for public uses with
out Just compensation, di-
lenima produced by the fourteenth
amendment so absurd it is difficult to
suppose that it was not suggested by
passion on the one side, and adopted
under the influence of fear by the
other. But be that as it may, do not
propose either to attack the validity of
this amendment or to violate it. A
loan of S400, 600, 900 to the slave-hold-
ing States, without interest, to be loan
ed again on the same terms without
interest, or a small interest, to be re-
called al the pleasure of the United
States, is no payment In whole or in
part for the loss sustained by the slave
holder, and if it be not, it is no viola
ton of the fourteenth amendment. But
in the present depression of the former
slave-holding interest in the South, the
loan of this sum might go far to satisfy
the claimant, although it would not
pay him.
The United States Government might
be thus relieved without any violation
of either the fourteenth or fifteenth
amendment to the Constitution, and
greatly to the advantage of all con-
cerned. If the General Government,
in the passage Of tie act for depositing
money with States, did not assume the
power to give money to the States not
granted In the Constitution, neither
would the amendment forbidding her
to pay the STAKEHOLDER for the loss of
his slave be violated by deposit of
$500, 900, 900 with the, fot@er slaveholdz
ing States. 1t might thus, perhaps,
Satisfy the just claimant under the
fifth amendment without violating
the fourteenth, result which would be
much priced by all who value the repu-
tation of the Government for good
faith and fair dealing. 1t is perhaps
due to candor for me to state that l
was against the act for depositing the
surplus revenue with the States, because
l was afraid of the precedent for
reasons which it is unnecessary to re-
capitulate here. But in the case which
l am discussing there is no fear of the
precedent, az this case can have no
parallel hereafter. It is difficult to see
how the conclusions which have stated
from the premises which are given can
be resisted, unless either upon the
ground that under the war power the
United States could emancipate the
slaves, without mourning the obligation
to compensate the owners for their loss,
or else because there could be no prop
erty in slaves.
From The first claim the United
States are estvpped by their course of
neggCC tt1ation with Great Britain IN the
treaties which terminated the two wars
which have been waged between those
countries. In the seventh of the pro-
visiOnal articles between the two coun-
tries. agreed upon Nov. 80, 1882, it was
stipulated that the British armies
should withdraw without carrying
away any negroes or other property of
the American inhabitants" and be-
cause they did carry away many ne
grOes, taken during the war, there was
a correspondence between the govern
ments on that subject. In this CORE
spondence a claim for compensation for
those carried away was admitted by Sir
Guy Carleton. In the first article of
the treaty of Client there was a similar
on thepart of Great Britain
in regard to ANY slaves or other pri-
vate property" and because they did
carry them away it was decided by the
Emperor of Russia, to whose arbitra-
ton the case was submitted, that they
should pay the American owners, which
they did Neither can they set up the
plea that there was no property in
slaves, for here they are met by the
whole course of negotiations between
the United States and foreign govern
ments on the subject, to say nothing Of
the legislation on the part of the Fed
eral government and the decision of the
courts upon the matter. This is a
question which surely there can be need
Of arguing here.
In thus giving mo opinion as to the
justice and policy of the measure which
l hvae suggested, I must say as Mr..
Lincoln did in regard to the payment
of 800, 200, 600 to the deposited slave
holder, Il speak only for myself; 1 am
not authorized to speak for any one else
upon this subject" But whilst l main
tain the justice and good policy of such
a measure, by no means propose to
make an issue of it at this time. II
the measure should ever be adopted, that
day may be distant, and only after there
is a great revolution in the public senti-
ment of the States which were nom
at the time of the emanci-
patton. To press such a claim prema-
turely would only injure the chances
and delay the time of its ultimate
should that ever take
place. Should the measure be at
tempted too soon, an adverse deci-
sion might be provoked, in the pre-
sent temper of the public mind,
and the chances Of its final adoption
might be prejudiced or destroyed. But
whilst l by no means recommend any
practical issue to be made upon this
question at present, 1 see no harm in
keeping the claim alive, or in demon
strating its justice as far as it may be