The Portland daily press., 1876-10-09

such absurd Characterization. Neither did
Ienect on his personal or official integrity. On
the contrary L state that one of the most alarm
ing features Of the decision was that Judge
Clifford belonged to that gnarled, twisted, in
grained, incurable school OF Bourbon Democ-
racy that honestly believed in just such danger
GUS and destructive doctrines as are covered by
this decision.
Mr.. Bradbury says that the only point in
volved in Judge Cliffords decision was the
question of jurisdiction of the Louisiana Court.
PRECISELY The Louisiana Court gave judy
ment against Colonel of the Union Army for
property seizad and appropriated by foraging
squad OF the regiment; judgment taken by de-
fault, Colonel Dow being with his command in
the held, utterly unable to respond to a sum-
mons, and certainly not dreaming that civil
SUITS could be brought in the country OF the
insurgents against officers of the invading
army OF the Union. l have always stated the
case with accuracy-and neither Judge Chit
Iord nor Mr.. Bradbury can show why every
other officer of the Union Army may not, IN
like manner, be sued for all the property which
his command may have seized and appropriated
during the Jour years of the rebellion. Judge
Cliffords decision is far worse than if it sus-
tanned suit brought since the war, for it dis
hnctly recognizes, ii it does not positively
affirm, that while the war was actually going
on, .9ogrdnte bello, an officer CT the Union army
was bound at whatever peril it might be to the
Union cause. to leave his command when sum-
moned by local court in the heart of the re-
bellious country. And Judge Clifford, with
out looking at the facts which VIGOROUSLY
surround the case-nay, shutting his eyes to
these facts when it required great effort to
close them-recognizes the Jurisdiction of a
Louisiana Court to interfere at the very crisis
of the war with the operations of the Union
Army Judge Clarke says: "Judge Cliff
ford has had the case long time under
advisement, it presenting case of grave ma
tional importance" The "long time referred
to by Judge Clarke covers at least eight
years. I am told. 1t is not for me to say that
Judge Clifford has not had good reasons for
withholding his opinion this ''long time" but
it cannot fail to strike the country that the
decision is promulgated just at the time that
Judge Clarke thinks there is danger to be
apprehended from these Southern claims"
have no right to comment on Judge Clitford's
motives, and do not assume to judge them, but
have perfect right to discuss the mood and
tense of his remarkable opinion. And the
danger concealed under that opinion is greatly
enhanced by the reported expression of the
Democratic candidate for the Presidency, that
"ereTy soldier ach0 marched across Southern soil
an an action for trespGSS." Ex-Gov. Underwood
OF Vermont declares that Mr.. Tilden made this
identical declaration to him during the war.
The dangers to which L called attention, as
exemplifed by Judge Clffords opinion, were
substantially these:
l. That an army officer can be sued and
compelled by Judgment of court to pay for
property seized by him or his soldiers during
the war.
2. That in such suit by decision of the
supreme Court touching cotton cases before
the Court of Claims. no proof whatever can be
required that the plaintiff was not rebel, but
that be may recover without such proof.
.. That such suit may be brought and
Judgment recovered in any Southern State
Court, and then the judgment sued in United
ofnO trt fhs. al. -
affirmed and the officer compelled to pay by the
process of the United States Court.
No answer has been made to any of these
points by Mr.. Bradbury. He says that Bradish
johnson, the plaintiff, was in fact loyal, but he
does not assert that any suck fact was proved,
or that Judge Clifford's opinion makes any dis
tinction whatever between loyal citizen and
rebel. And this point illustrates the very
danger have been trying to point out and
most forcibly presents the rapid progress we
are making towards paying Southern claims
regardless of the loyalty of the claimant.
With the Republican party in power the
United Statet Treasury is safe from the fright
full raid now impending over it, But what
ask, may be apprehended from Democratic
Congress, Democratic President and Demo-
cratic Judges?
The passage of one short law covering only
three points would bankrupt the United States
Government and destroy our public credit.
Those points are:
l. That no proof of loyalty shall be required
of any claimant before the Soathern claims
commission, now in session, or before any de-
partment OF the Government other than that
required by the United States Supreme Court
In suits at law; .. e., no proof at du
2. That the statutes OF limitation shall not
apply in case of any war claims otherwise
allowable against any individual or against the
United States. If there be any question of
law about the power to revive a claim against
an individual, once barred by statute of limita-
ton, there is certainly none as to the power of
the Government to revive it as against itself,
and that is the point principally affecting the
United States Treasury and the loyal taxpayers
of the country.
3. That reasonable compensation may be
recovered by all citizens of the United States
for the use and occupancy of their property by
the nited States army, or any part thereof,
1 am but quoting the language of bill now
pending in the q. s. House of Representatives,
lntrod uced by Democrat and under consider
alton by the Democratic Judiciary Committee
to whom it was referred in FEBRUARY last, and
who did not report it back to the House, but
held it for consideration until after the Presi-
Dental election. Why did they no. report adj
versely upon it promptly and decidedly?
The courteous tone in which j Judge Clarke
refers to his belief in Judge Cffords inten-
Bench and with these am not dealing at pres
emit. l only see that Judge Clifford did not
agree with Judge Clarke, and end, as he might
then and there, all dangerous claims of this
character. 1 only see that Judge Clifford's
great influence on the Supreme Bench, based
on his long service and his learning in the law
has all been thrown on the Southern, or rebel
side of this mighty question. In short, in the
very language of Judge Clarke, can only see
that the case "fully illustrates the danger to be
apprehended from these Southern war claims"
And seeing these things, and believing these
things, / have exposed them wherever [ have
spoken, and shall continue to do so to the end
of the Presidential camnai1n