New-York tribune., 1878-04-30
SOUTHERN WAR CLAIMS,
LOYALTY NOT NOW REQUISITE.
ovrv oSp SLIGHT BARRIER NOW REMAINING BE

TWEEN THE CONFEDERATE5 AND The TREASURY
THE DANGERS OF THE SITUATION,
iBY TELEGRAPH TO THE TRIBUSE.l
WASHINGTON, April 29.-It has heretofore been
considered necessary in preferring war claims
against the Government to present with them, III
all cases proof that the holders have never given
aid OF sympathy TO the enemies OF the Government.
When. shortly after the close of the wa, 1t began
to be hinted that if the South should over regain
her old ascendency in politics. she would reimburse
herself from the Treasury for the lossos she had
sustained in her efforts odestroy the Government,
the proposition was considered 100 absurd and out
raVeous to be entertained for moment, and 1T Is
probable that at that time not even the men OF the
South themselves supposed that thu thing would
ever be possible. No precedent existed Ia history
for such a course. Nothing i'll equity demanded
that the North, which had already suffered enor
mously from the rebellion, should ever be cailed
upon to make good the losses of her defeated enemy
as well as her OVID Those who had aided OF IN
vested in the rebellion had taken a risk and lost.
Few men at that time would have disputed that IL
was right for the Government to refuse to pay the
demands of dslOyal men for property seized, dam
aged or destroyed by armies, or that 1t would
have been wrong to pay them. This was matter
of principle, and as such was deeply implanted IN
the breasts of loyal men everywhere
sentiment as the time has grown more remote when
the two armies stood face to face in battles and the
predictions which then outraged the patriotic feel
ing of those who had fought and worked to main
tain the Government seem not now so improbable OF
fulfllment.
1t was conceded from the first that reparation
ought to be made for all damages done by our army
to the property of loyal men in the South; and to
this end the Court Of Claims opened for the adj
justment of that class of claims which grew out OF
the appropriation sale by the agents of the Gov
ernment of captured and abandoned property" 1t
was decreed in the original act that all such claims
should be filed within two years from the passage OF
the act and proof of continuous loyalty to the Gov
emment was invariably to be demanded OF the
claimant For the consideration of another class OF
claims those growing out of the seizure by our army
of "stores and supplies'), another tribunal was
created. This Is popularity known as the Southern
Claims Commission. There was In the act creating
il clause similar that giving jurisdiction of the
first class to the Court of Claims, limiting the time
within which claims could be filed to two years
from the passage of theact and providing that every
beneficiary must prove himself to have been loyal
adherent to the cause of the Government OF the
United States. Besides the classes OF claims when
were thus provided for Congress itself undertook to
consider and pass upon those which might De
brought before it, but in every instance it has been
held 10 be a first requisite to success to prove lhat
The claimant had not been disloyal.
now REBELS GAINED 4 FOOTING.
general amnesty proclamation was issued by
President johnson, on the 25th of December 1865.
restoring every person who participated in the rebel
lion to all original rights privileges and immunties
under the Constitution. 1t is understood that among
the motives which inspired President johnson to
issue that proclamation was the design of relieving
those who had been in the rebellion from the fur
ther operation of certain confscaton acts which
were still in force, and under which seizures ot CON
traband cotton were from time TO tune beng made.
1t is altogether improbable that Mr., johnson had
any intention of raising the dlSlOyal claimants Tor
damages resulting from their OVID acts OF treason
10 an equality before the courts with the men VINO
had fought suffered for adherence to the Union
cause. This, however. by the ruling OF the Su-
nreme Court Is the irreyOcable effect of that sweep
ing proclamation. Thus by an accident the door
was opened for the admission of the claims OF every
man, whatever may have been his sympathles or
his acts during the war, who had suffered damage
TO nrOperty either by Abandonment OF capture.
Luckily, however, the decision OF the supreme
Court was not made until the two years Limitation
within which entries conld be made before the
Court of Claims had expired One clam l1r oe1
tween 5000, 900 and 100000, In fact, when had
been presented by an eX-rebel, and was pcnding III
the Court when the decision OF the supreme IouIt
was made was passed by virtue of that decision
which relieved the claimant of the talnt Oi dis
loyalty, and the Treasury suffered to that extent
a, the matter now stands the courts cannot De
onened 70 the consideration of any class OF south
ern claims without admitting the dislOyal CLAIMANT
TO every privilege of recovery gwen to the loyal
The readers of THE TRIBUNE need not to be told
that one of the most prolific and In many respects
most promising industries of the South at the pres
ont time is the cultivation of claims. AS was eX-
plained IN the beginning OF this article none except
those held by loyal men nave AS yet beeh gwen any
standing or rights before the courts or Congress,
either by direct enactment or by precedent INT as
il has been shown, the obstacles to the consdera-
ton and payment of the claims OF dsloyal men nave
one by one been removed, and no barrier remains
between the Treasury of the Government and the
vast horde of hungry claimants, except the fact
that court at thls Time eAlstS WHICH haS 'he
necessary jurisdiction.
PLANS FOR HEARING or CLAIMS.
The machinery of Congress. it must be admitted,
is too cumbersome for the proper consideration OF
the immense numbers of private claims which are
now coming before it; and the opportunities which
unscrupuous claimants and claim agents have for
attaining favorable reports from committees and
favorable action by Congress upon fraudulent de-
SIGNS against the Treasury are abundant. A press
inc necessity exists for some legislation which snail
relieve the Congressional calendars OF these matters
which so seriously interfere with the more important
duties Of legislators, and winch shall at the sumo
time place the claims where they can DE cNanlned
more in accordance with the rules OF jurisprudence,
and where partisansp and personal bias shall not
have great opportunity for exercise at the Ma
tOnal tXDense.
Two bills have been introduced during the present
session OF Congress both by Northern ursn. looking
TO the opening of the courts for the c9nsIdeaIon o
all private claims. IL is probable that neither or
the gentlemen who introduced these measures would
have favored the payment of claims for damage
done bv armies to the property oi Coniederates
The first of these measures was drawn ND by
prominent Washington claim agent, and Western
Senator was induced to present it. The bill was re-
ferred to the Judiciary Committee, where on exam,
nation it, real character made manifest, ana
the same Senator who introduced IL reported 1t back
to the Senate adversely.
The Other measure referred to is the bill intro
duced in the House by Mr.. Clarfson n. Potter, and
which it is reported, was lately agreed TO unanl-
mously bv the COMMITTEE on Reform In the Civil
Service. No one can doubt that Mr.. POtteTs main
idea was to relieve Congress from the consideration
N hmm