Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1876-03-07
HOUSE BILL, NO. 1914.

Tessntstiye, the Hon. Charles j. Faulkner,
has introduced in favor of the creditors of the
United States, residing In West Virginia,
Tennessee, and other States, recognized by
the Executive and other Departments of the
Federal Government, as having been on the
loyal side of the "belligerent line," during
the late war. Those creditors residing upon
the Southern or disl2yal side Of that limo were
provided for in the act by which was estab>
lished the Southern Claims Commission"
The act of July 4. 1864, only spilled to ci,i
zsDs residing North Of that line, including,
however, the States of Tennessee and West
Virginia, and, by special joint resolution of
Congress, including the counties of Jefferson
and Berkeley. The narrow and uuwarraut-
able construction given to the law By the De
partments have substantially neutralized all
the benefits sought TO be conferred upon the
citizens of West Virginia residing East of the
Alleghanies. Tt was to correct this erroneous
construction that Mr.. Faulkner introduced
proviso to the Act of 1861, which fixes and
determines the status of claimants who have
not forfeited their debts due them by the Gov
eminent Of the United States. by any overt
acts of hostility during the late war. The
Supreme Court of the United States has de-
sidsd that by such overt acts a forfeiture of
property may be incurred, provided such for
feiture be not extended beyond the life of the
belligerent. The Law, therefore, which pro-
hibits the payment of the debts due to actual
"a 70 6a !, III
oisions of the Supreme Court, in its EXPOSE
tons of the Confscation Acts, as not in con-
fiet with the Constitution. But the debts
due non>combatants stand upon a very differ
emit footing. The same high tribunal has de
cided that there can be no forfeiture without
overt acts of aid and comfort; and that with
out such acts the citizen who has never re-
sided in hostile territory shall be presumed
loyal until the contrary is proven. In other
words, the true and only definition of loyalty,
when applied to the residents Of loyal States.
is to have abstained from overt acts of hostility
to the Government
Our readers will perceive that we are not
now dealing in the loose terms of street
dialecs, or common political,parIance We are
using legal terms in the sense affixed to them
by public law, and by the Supreme Court,
under its expositions of the rights Of the citi-
zen, as guaranteed by the Constitution
That instrument authorizes Congress to lay
and collect taxes, duties, excuses, and imposts
to pay the Debts of the United States. 1t
subsequently, defines Debt of imperative
obligation the payment of just compensation
for all private property taken jor public use
There is no obligation to pay one class of cred
Itors, which does no: apply with equal force
to all. The old distinction between bond
creditors and general creditors has long been
abolished in the administration of private
Assets, and, never had any sanction in its ap,
plicatiOu to the credit and good faith of ma
ti0ns. They are bound equally to pay all just
debts, without regard to dignites, or priorlties,
and to fail to do so is Reputation
Our Representative. therefore, knew ex-
actly what be was about when he introduced
the Amendment in question, and he may rest
assured that his constituents, without any con
siderable dissent, are watching his course
upon this Bill with entire appreciation, and
profound interest.
We append the letter of DIr. Lucas upon
this interesting subject:
Hon John A. Eden Chairman of the C,u-
nlitee On Wdr Claims, House of Repre-
senfdtireS, Congress at the United .Siufes :
DEAR SIR: In a recent Conversation with
you in the room of Col. Shutr, at the Ma
tionsl Hotel, in Washington you desired me
pressed with reference to House Bill, No
18Th. ITO amend and re-euact the act en-,
titled, AN act to restrict the jurisdiction of
the Court of Claims and to provide for the
payment of certain demands tor quartermas
ters' stores and subsistence supplies furnished
to the Army OF the United States approved
July 4. 1861" which was introduced by Hon.
Charles }. Faulkner, and referred t. YOUR
Committee, on the "a of January, 1876
The object of this Amendment Is TO correct
IN erroneous construction which has been
given to the law, In its practical administra-
ton by the Quartermaster and Commissary
Generals. These officers have required every
claimant, though not a resident of an insur-
reetionary State or district, and though an in
FAINT, = female, church, institution of learning.
corporation, or non-coubatant, to proUe hefr
Loyalty by the introduction of positive te-ti-
mony to that effect. They have required,
moreover, that their sxamiuing agents shall
subject such claimants to personal and
rigorous iuquistiOn, not ss to orerf acts only.
but as to feelings, svmpathies, and opinions
upon the questions of law, and rights involved
iu the late unhappy contest between the sec
lions. All this is unconstitutional, and utter
Iy unauthorized by the law, as it now stands.
But unfortunately, the law requires the
Qusrtermaster, or Commissary General to be
''sati>isd of the loyalty of the claimant and
does not restrict the mode of investigation or
provide any mode of apreal. in case of an adj
verse decision The object of this Amend
ment is to correct these abuses by a legislative