The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1874-05-22
RESTITUTION.

The West Virginia War Claims.
Spe ech Delivered By Hon. Henry G
Davis In tho United states Senate
On Wednesday. May Is.
| CONTINUED.
In the syllabus OF the case the
following principles are laid down.
There is no discrimination to be
made between property taken to be
used and property taken to be destroy.
ed"
1T is no defence that the circum
stances must have rendered the prop
erty valueless to the owner if the off,
Ger had not destroyed it. 1t is the im-
minence of dagger that gives the State
a right to destroy property; but the
certainty OF the danger does not relieve
the State from liability for tine proper
~ which it takes to destroy"
The doctrines oil law set forth by the
foregoing eminent writers and learned
Judges are go plain and to the point,
, that il is needless for me to do more
than to announce them without COM
ment. The essence OF the opinions
and decisions seems to be contained In
the proposition OF law, that the Gov.
eminent lie bound to compensate ito
loyal citizens for all property taken
from them by the Government, or
used or destroyed by the Government
in the prosecution OF the war, of which
the Government received the benefit.
This 10 what the bill ccntemplates.
This is all we ssk for.
DAMAGES INFLICTED By THE CoNyEDER-
| ATEs.
We do not claim that the Govern-
meut is under any obligations to in-
demuily US for damages sustained
through the act or actions OF 1t enc
mics though even in this case there is
abundant precedent to justify a claim
of this kind; and in the particular
case OF West Virginia compensation
ough. really be made her Tor damages
inflicted by the enemies OF the Govern
ment; Tor she by her adherence to the
Government thereby threw herself into
the very heart of the conflict and saved
to the loyal States many times the
amount claimed in this bill. But |
will. not discuss this proposition, rs
West Virginia valves all right OF dam
ages accruing to her by reason OF iDju-
ries at the hands Of the enemies OF the
Government, and simply asks that the
Government, which she helped by
means and men to keep intact, shall
nav for the properly it took and con-
yerted to it's own use or destroyed.
ACCIDENTAL CONSEQUENCES OF WAR.
Nor do we claim that losses incur
red by general measures, such ss the
blockade, the act OF emancipation, the
march OF an army, the destruction Of
crops. &c, on a field OF battle while in
the midst of conflict. or any other acct
dental consequence Of war, should be
made good TO loyal men who happen
to incur them. These are the misfor-
tunes of war, which cannot be helped
and of which a true patriot does not
complain. For the accidents OF war,
for the destruction which may be occa-
stoned by the march Of armies, by bats
tles, by the capture OF towns, by the
resistance of an enemy when you are
endeavoring to capture town, no
nation in the world could be called
upon justly to pay. They are like
destruction by fire, by the lightning,
by the flood, &C., and are likened in the
law to the acts OF God. On whomso-
ever these damages fall, whether loyal
or disloyal, the person who suffers the
loss must submit to his misfortune.
1t would be the extreme OF ioolishness
to contend otherwise.
| THE RIGHT OF LOYAL CITIZENS IN lNsUR-
RECTloNARY STATES.
Twill not attempt, Mr.. President, to
argue the proposition so often asserted
and 90 deliberately discussed in this
Chamber as to the right OF the Cow
eminent to appropriate for war pur-
posee, without compensation, the prop
erty of any and all the residents of the
States declared in Instruction, regards
less of their sentiments toward the
Government; for l do not think 1t
enters into the case l am now present.
ing. Yet, while not arguing the prop
osItion and while admitting that when
in the midst OF great civil struggle,
such as we have passed through it ia. not
incumbent upon the Government, nor
is it expected OF it, to pause to inquire
who were its friends, and who Its
enemies. Ihold that a loyal citizen OF
Virginia, louisiana or any:othtr insar-
rsctionarv State, paS as much entitled 10
protection of life and property, and to De
COMPENSATED for property taken or appro..
priatsd by the Government, as a citizen OF
New York, Massachusetts, or any other
Northern State.
In this connection / desire now to
call the attention of Senators to case
reported upon at the second session oil
the Forty-second Congress by the
Committee on Claims, OF which l had
the honor to be q member. and l desire
especislly to direct attention to letter
and Endorsement OF then General, but
now President Grant, filed With the
papers in the case. The case was as
follows: James Cameron was the
owner of lot of ground, containing
about forty acres, located in the SUBJ
urbs Of Chattanooga, Tennessee, on
which was dwelling used as family
residence. When the Union armies
under command Of Major-General w.
s. Rosecraus, entered that city, this
property Was taken possession OF by
them and used for army purposes
Fortifications were erected on the land
the timber on the laud cut of anc
used for fuel, and the out.houses anc
fences destroyed. The COMMITTED
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