The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-10-07
The Southern Claims Dugbear.

The Southern Claims Dugbenr.
Mr. BRADIsH JOHNSON has sufficiently
explained the circumstances of his action
against NEAL Dow, and has made con-
elusive answer TO BLAINE's misrepresenta-
tions and falsincations. 1t is unnecessary
for us to say much about the circumstances
Df this particular case, which has been
paraded by BLAINE aud other Republicans
n an opening of the door to Southern
claims.
IL was simple action OF trespass brought
against Dow in New Orleans court for
whit was pure robbery on the part of
Dow, a Bugadier-General in the Union
service at the time OF the capture OF New
Orleans-one of those acts which neither
the laws of wal. nor the acts Of Congress
for tho collection OF abandoned and cap
turcd property could possibly justify. The
New Orleans court rendered judgment in
MIR. JoHNsoNs favor. On this judgment it
became necessary for him TO sue Dow in
the United Statos Circuit Court ut Port
land. All that this latter court had to de-
termine related TO the jurisdiction OF the
Now Orleans court to render the judg-
mcnt. On this narrow basis. BIAISE makes
IN assault on Judge CLIFFoRD for having
rendered n decision that will open tho
door to Southern claims. Further COM
ment on tho case itself Is quito unneoes-
tary.
But IL may not be without use to expose
the buRbear that is so much harped upon
by Republican journals and speakers, that
the success of the Democratic party in this
election Is going to throw open the Treas
ury Of the United States to all sorts of
claims from the South. This anticipated
danger shows how little the people who
deal in such delusion know about the
safeguards that surround the Treasury
under all administrations; safeguards that
can be eluded only when there Is Secre-
tary of the Treasury who, like RICHARD
SON. is willing to let people steal. or who,
like boutwell,, permits discrepancies in
the accounts which cannot be accounted
for. IN the first place, there can in no
event be asserted against the Treasury any
claims tor the loss or destruction Of prop
erty through the acts of United States
officers or agents during the war. except
ingby regular petition to and judgment by
the Court of Claims. followed by appro-
priations TO pay the judgments All these
claims ana their prosecution are regulated
by legislation enacted by Republican Con-
crosses, TO save the rights of loyal people
whose property may have been taken from
them unjustly or to supply pressing wants
Of the United States forces. No new legis-
lation, opening any wider door than now
exists for this class Of cases, can be rot
through Congress, under a Democratic
Administration. so long ms a Republican
Senate exists. Moreover, it has never
been the habit Of our national Govern
ment 10 pay any claims that il could pos
sibly avoid paying Ii has sometimes neg
lected 10 pay claims righteously due; as
witness the French claims, for which il
received the money more than a genera
ton ago, and OF which il has never paid
cent to those to whom il belongs. Wit
ness, again. the Alabama money and the
Cerberus-like tenacity with which it is
guarded.
As to cases of trespass, like that OF Nj.
JOHNSON where officers Of the United
States made themselves liable to suits for
damages. the statute of limitations has
probably closed over most OF them. But
in all Of them, or nearly all, there are
provisions of statute law for the de-
fence of the cases by the United states
md for the payment of the judgments
from the Treasury, If the acts complain cd
of were done in the discharge of official
duties. Recent decisions Of the Supreme
Court show that II is no easy matter 10
make such cases successful; nor il there
the smallest probability of further legisla-
ton to make them easier of success than
they are now. lnroPard TO all other Claims
upon individual officers. since they are
not payable out of the Treasury in case
they are successfully established, the pub
lie need not concern itself
These classes to which we have now adj
veTted exhaust the whole possibility OF
Southern claims, excepting tho rebel
war debts and the value of the emanci-
Iated slaves. Payment of the first, in any
shape or form. is barred by an amendment
of the Federal Constitution; and If the
Democratic party were over so well dis
posed, II could not "rail the seal from Off
mat bond As 10 payment for tho ne
Eroes that lark will be caught when the
ekies fall, ana not before; and If the Dem
ocratio party should all undertake to pull
down the skies, the American people might
Cook on in perfect composure, confident
that the skies Will stay whore they are.
" e leCouHtHu, therefore, 10 tue aqua
tors Of tho bloody shirt to take of this
particular rag OF the Southern claims that
are to be let in upon tho Treasury when
SAMUEL }, TnDEN becomes President.
They may rely upon it that he will permit
no irregular raids upon ms Uncle SAMUEI.'s
strong box, aud they had better therefore
make no investments or spcculatious IN
this species Of property. If thoy can sug-
Eest any way in which they can aid the
Southern States to pay the debts with
which they have been loaded by the viii
famous carpet-bag governments since
those States were reconstructed, they may
fnd a subject that will be more worthy OF
their ingenuity than any southern
claims" Of which they are at present
dreaming. But they will not find the
Democratic party paving out OF tho ma
tlonal Treasury for money stolen by Re-
publican carpet-baggers so that If they
purpose 10 render any assistance to the
South in the matter Of their present state