New-York tribune., 1878-04-12
SOUTHERN VAR CLAIMS.

ADVOCACY or CERTAIN CLASSES OF THEM-A FORE
TASTE OF THE POSSIBLE FUTURE DEMOCRATIC
REGIME.
lFRoA TIE REGULAR CORRESPONDENT or THE TRIBUNE ]
WASHINGTON, April 1O.-Judgc T. W. BARLEY,
who is the attorney for many Southern claimants,
publishes long letter in The Washington Post to-day
in regard to three large classes OF claims now before
Congress OF those for the Tefunding of the cotton
tax. he says that they amount in the aggregate 10
$s3, 100000. He adds:
The Government doubtless received the money but the
law under which the tax was collected prescribes the
form remedy by which all taxes Illegally assessed or
collected shall be refunded and paid back But this
remedy was not pursued and therefore the claims
not legal demands against the GOYerDment; ana, IN
The claims are predcated the receipts records OF
the Collectors OF Internal Revenue showing payment by
the cotton brokers shippers who paid the tax. But
the brokers shippers charged the amount OF the tax TO
the planters OF the cotton, and were paid
had the amount refunded to them OF the proceeds OF
the sales OF the cotton and the planters or owners nave
preferred no claims against the Government But the
hrok rs or shippers sold the Collectors vouchers for
nominal amount 10 specuatOrs who have been pressing
these claims before Congress and the Government repu-
dators have encouraged these claims ana others Whcl
are neither legal nor equitable In order to defeat other
classes OF Southern claims whlch are uhuehaoy just ana
legal.
OF the claims for captured and abandoned prop
erty, he says, after explaining their origin:
The agsregae amount Of the proceeds OF and
fairly estimated at about S3GOOO0OO OF this about
fourth allowed and applied on expenses leaving
about ~2IOOOOOO net III lAt lItdSuI9 vi luls dDoul
S3 600 900 have paid by the Secretary OF the
Treasury to various parties, and about SlOOeOOOO have
been received IN the Court Of Claims and paid TO claim
ants eaying about 900 yet In the Treasury. Con-
gress is asked TO make any appropriation 10 pay
IN nrove mn and establish the legality OF their claims
fore court of Justice refusal OF this Is simple de
thIs poor privilege asked for IS to before court
posed entirely OF Republican politicians, two of whom
are from Massachusetts, court known To resolve oil
doubtful questions Of law and OF fact In favor OF the
uha uJIh he
this balance OF the trust fund Of Sli000oO0 II the
Government keeps Il and bars the benecares OF their
after the war; trust fund so kept and held by pr
vae Individual would burn his pocket with the fires Of
shame Bul trust fund thus obtained by the Govern
ment would have to be donated TO some Northern elg
ious institution to relieve the stricken c3nsclences OF
would then be pious fraud ana the pety would cover
over the turpude Of the act.
The third class Of claims treated of by Judge
Bartey comprises those for army supplies, of which
he says
These claims consist Of claims for compensation for
private property taken from citizens In the Southern
States for the subsistence and use OF the United states
Army during the rebellion They constitute, In fact a
part OF the debt The property thus taken saved the
Government from raising money on the sale OF It's bonds
10 an equal amount for the subsistence and necessary
requirements OF the army The ght OF tue clzen 10 his
property, although taken from hm by the force and ter
rors of an army nthe field was not dIyesed, and could
be divcsted without audgment OF forfeiture or con
hscaton iudciay rendered. The pardon and amnesty
which granted contained an express pledge Tor the
restoration OF all rights OF property except as 10 slaves
way OF punishment. The pardon remission OF all
punishment and also pledge OF the public faith for the
restoration of all rights, etc. The act OF March 81,
1871 creating the Commission OF Claims expressly re-
coguzes existence OF these claims and the obligation
of the Government for their payment but fails To
ulze the fact Of pardon and amnesty granted and the e
cal operation and effect thereof declared and settled by
the Supreme Court.
OF the amount of these claims, Judge BARLEY
says:
But II s objected that It will bankrupt the Treasury
pay this part Of the debt Indeed does not bank
TIraa IN
principal OF two thousand millions OF bonds exempted
IRON taxatiOn the bcndhOders. But the part OF the
war debt due TO the people Of the Southern States has
been delayed long that very large part OF IT, prob
ably half OF it, has been already lost by the death
OF claimants and their witnesses, and whilst the bond
holders get their interest in gold no interest whatever
is paid this Southern part OF the war debt, even
after Judgment Is recovered There Is no rational prob
ability that before n fair and Just tribunal, espe-
ciay before Republican court, that this class Of
claims could at this late day be established 20 an
amount reaching S2O,0OOO 600. much larger amount
OF course would be claimed. The bankrupt ar
gument is a most pitiable behalf OF the Govern
ment whose annual revenues known 10 exceed the
average Of $l,OOO,O0O per day, besides ts immense
growing The confidence aud respect OF the
Souhern people for the observance OF the publc faith
and common honesty worth enfod more than this
| little addition to the public debt which would never
| be felt.