Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1876-10-09

these Southern war claims" have no right to
comment on judge ClIFFoRD's motives, and do
not assume TO Judge them but have perfect
right to discuss the mood and tense of his remark
able opinion. Aud the CANCER concealed under
that opinion is greatly enhanced by the reported
expression of the Democi attic candidate for the
Presidency that "svery soldier tpho marched across
Southera soil ieds tresspd.ser. and liable TO suit
for damages IN an action for trespass." Eek Gov.
UNDERWOOD, of Vermont, dt cl.res that Mr.. TIL
DEN made this ldeniios al declaration to him during
the war.
/ the dangers TO which called attention, az ex-
emp ifed BY Judge Cliff .rds opinion, we're sub
stsntisy these;
/. That an army officer can he sued aud com.
PEELED by Judgment of court TO paw for property
ICED by him or his soldiers at the South during
! the
2. That in such suit, by decision of the Su-
prrme Court touching cotton cases before the
c mt Of Claims 10 proof Sbatev,r can be requr-
C that the pltiItiff was not reb,I, but that be
may thout .uch proof.
3. That such II suit may be brought and judg-
meut recovered in any Southern State Court, and
then tie jndgme Mt sued in United States Court at
the Nor h, aud the judgment aft med and the Of.
fcer compelled to pay by the process of the United
States Court.
No answer has been made to any Of these points
by Mr.. Bradbury. lie says that Brslish Johnson,
the plaintiff, in fact 10y al, but he does not
scrt that any such fact wa, proved, that Judge
Cliff rd's OPP Mon makes any distinction whatever
between a loyal citizen and rebel. And this
point illustrates the very danger have been try
I in, IN int md
RAPID progress we are making towards paying
Southern claims regardless of the loyalty of the
claimant.
With the Republican party in power the United
States Treasury is safe from the fig tful raid now
Impending over it. But what | ask, may be ap.
pretended ftom a Democratic Congress, Demo-
c attic President and Democratic Judgess
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 Southern claims com
mission, now in session, or before any department
of the Government other than that required bv
the United States Supreme Court in suits at law
l.. e. no proof toAaterer.
.. Tuat the statutes of limitation shall not ap.
ply 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 limitation. there is
! taInly 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 re-
covered by all citizens of the United States for
the use and occupation of their property by the
United States army, or any part thereof, during
the late civil war !" and in these words l am but
quoting the language of a bill now pc nding in the
L. 5. House OF Repre- ,entatives, introduced by u
Democrat and under con Iteration by the Demo
cratic Judiciary Committee to whom it was refer
red in February last, and who did not report it
back to the House, bur held it for consideration
until after the Presidential election. Why did
they not report adversely upon it, promptly and
decidedly
! Tae courteous tone in which Judge Clarke re-
fers to his belief in Judge Cliff rd's intention to do
right belongs to the amenities Of the Bench and
with these am IT dealing at present. l only see
that Judge Clifford did not agree with Judge
Clarke, and end, as he nigh, then and there. all
dangerous claims of this character. l only see
that Judge Cif1rd's great inf ience on the Su-
preme Bench. oa ,ed Ga hi, long service and his
learning in the law, has all beea thrown on the
Southern or r .bel idle Of th. mighty question.
la short, in the very language of Judge Clarke, l
only see that the "fulIy illustrates the danger
to be aprrehended from these Southern war
AnJ 81 ka4 ;ayi
these things. have exposed them wherever have
spoken, and shall continue to do so to the end IF
the Preside initial campaign.
Very respectfully,
j. G. BLAINE.