The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-08

cumstances under which the claim arose. The bill
appToprlates the sum OF $4,000 to compensate
ing house and Its contents BY order OF the COM
manding officer Of the United States military forces
Viewing s l Ky on Of the In
the veto the committee admit that in
some sense the destruction was 1.-THE ravages OF
war;" but in their opinion the house taken. from
the claimant was for the use of the government.
The message asserts as general principle OF both
international and municipal law that all property
ment Tor public uses-in which case under the con-
stitutlon OF the United States the owner Is entitled
porarily occupied, or even actually destroyed, In
times Of great personal danger when the public
ao not adm legal ea on
their part to compensate the owner. The COM
mittee, taking issue with the President say they
either ininternatonal or municipal law, but have
found the very reverse to be affirmed by all law,
SSta
sional presidents in support OF this view; and IN
reply to the Presidents caution that the
presentation Of demands for very large
sums or money for necessary and I'M
ssS sy me ss ss se . e % BY M
provide for the payment OF property unavoidably
destroyed; on the contrary II clearly dscriminates
They reply secondly, that If the principle involved
In the bill be just and be las 1t has been seen to
bel in accordance with the commands OF all
cannot be excused from making payment to
Dr. Best because Of the weight Of the burdens such
payments would impose upon the Treasury The.
committee say That he who regards law or loves
justice will be reluctant to see loyal citizen
duced by the deliberate act OF his government to
absolute restitution, ana then turned away from
the full tills OF the Treasury which carry from
year to year unused millions, q single years in
terest on which would compensate for every injury
coming within the principle OF DIR. Bests claim.
There is no warrant for believing that the
principle recognized by this bill would
Involve the Treasury in large disbursements. 1t
has already been seen that the bill establishes no
new precedent. Congress has already paid several
claims upon precisely the same principle. From
the foundation OF the government 1t cannot be dis
covered that Congress has ever refused to pay a
prehend, similar claims for millions await
payment, the question arises where are
theyP During the eleven years since
the late war commenced the whole amount OF
claims Of every kind recommended for payment
by the Senate Committee on Claims excluding
those reported from the Claims Commission, Will
fall considerably below 81, 100000. In conclusion
the committee enter into statement to show
that no claim ever was or ever can be preferred
against the government resting upon more impreg
nable grounds than the claim preferred IN this bill,
and they, therefore, recommend its passage, the
objections OF the President to the contrary not
withstanding
Mr.. Howe also made similar recommendation
In relation to the bill apprOprang $1l $50 Tor the
which was vetoed by the President on the 18th OF
June 1872, for easons similar to those set forth in
the message vetOing the bill for the relief OF DR..
Rest.