The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1874-05-23
RESTITUTION.

Speech Delivered by Hon. Henry G.
Davis In the United States Senate
On Wednesday, May Ii.
CONCLUDED.
The Government, in its relations to
the people, may be likeued to parent
in his relation to a child. 1t is as much
the duty OF the Government to see that
the people who recognize its authority
and give it their allegiance are pro
tected in "life, liberty, and property.
as it is the duty OF parent to provide
for and protect dutiIul child. No
government can expect to maintain its
sway in the hearts of the people unless
| it exercises q watchful and fostering
care over them. And no government
can expect its people to do justice to-
ward it, unless it metes out equal and
exact justice to it's people.
This is a just claim, legal claim, a
moral claim against the Government
OF the United States for property it has
taken, and the obligation to pay this
and similar claims is as strong and
binding as the obligation to redeem the
Governments promises to pay, or an
individuals. 1t is no answer to the
justice Of the claim to say that the gov.
ernment cannot afford to pay. The
government ought only to inquire il the
claim be just aud right, and if so, to
allow it. and provide the means Of pay
ment; and it the means are not at
hand now, let it be acknowledged now
and paid when means are at hand.
PRECEDENTs
As to precedents, they could be cited
in abundance, and to sustain a much
weaker claim than the one am now
presenting. AS my remarks will be
more protracted, cite but u few.
1t is a well-setted principle iu law
aud justice that if part of cargo Of
vessel is thrown overheard or des-
troyed, to save the balance, the entire
cargo must pay the loss. Again, if
during a fire in city or town, house
or houses are blown up or in any way
destroyed, believing this mi ht save
other property, by stopping the fire, the
city or town must pay for the house or
property destroyed, though it is certain
the same property would have been
burned II not destroyed.
Congress-, in 1916, passed IAN act to
authorize the payment for property
lost, captured of destroyed by the enc
my while in the military service OF the
United States, aud for other purposes"
(Statutes at Large, volume 3, page
26l.) in which it was provided (sec-
ton 81 that where any property has
been impressed or taken by public
authority for the use or subsistence OF
the army, during the late war, and the
same shall have been destroyed, lost or
consumed, the owner OF such property
shall he paid the value thereof, deduct
ing therefrom the amount which had
been paid or may be claimed for the
use and risk of the same, while in the
| service Aforesaid
But the principle l am contending
for was recognized long before the pass.
age of this act. On the 18th day OF
April, 1892, an act was passed grants
ing compensation to the trustees OF the
public grammar school and academy
| OF Wilmington, Delaware, for the use
and occupation OF the said school, and
damages done to the same by the
troops of the United States during the
revolutionary war. (Statutes, volume
6, page 81
An act was passed on the 10th OF
April, 1900, for the relief OF Rhode
Island COLLEGE, for injuries done 10 and
compensation for the occupation of the
edifce of said college from the 10th OF
December, 1776, to the 10Th OF April,
1880, by the troops OF the United States
and from the Goth OF June, 1850, to the
9th of May, 1882, by the troops OF
France, cooperating in the defense of
the United States; in the first instance
az a barracks, in the second as MILF
tsry hospital. Statutes, volume =,
page 40)
The relief granted in this act was re-
commended by Alexander Hamilton,
then Secretary OF the Treasury, who IN
his report thereon, dated January 81
1875, said:
at ia the opinion of the Secretary, as
expressed on former occasions, that IN
this and all similar cases affecting the
interests OF literature, indemuiticstlon
and compensation ought to be made
(Claims, page 1851
March |, 1915, an act was passed 10
compensate VIM. H. Washington Tor
the value of house situated near the
west end OF the Potomac bridge, which
was used as a depot for public stores,
and was destroyed by order OF United
States officer to prevent the stores fall
ing into the hands OF the British during
the war OF 1912. (Statutes, volume o.
page ISL; Claims, page 446.
April &c, 1916, an act was passed to
audit and settle the claim OF the SUPER
: visors OF the county OF Clinton, New
York, for the destruction of the court
house of said county by order OF a
Federal officer. Statutes, volume o.
pages l64, l65.)
t April 7, 1880, an act was passed app
propriating money to pay Hubert La
Croix, of the (then) Territory OF Michl'
gan, for the destruction of his dwelling
house by the British and Indians while
in the military occupation of the United
States Statutes, volume 6. page Az. j.
March >, 1888, an act was passed 10
compensate the heirs OF Thomas Froth
ingham, deceased, for certain buildings
in Cbarlestown, Massachusetts, when
were burned during the revolutionary
war, by order OF General Putnam. Inc
buildings were burned to prevent then
being used as a shelter by the British
troops, Statutes, volume 6, page o4I :.
July 2, 1886, an act was passed &c
remunerate the heirs OF Natnanie
canada for Tho burning of q toll house