Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-04-08
The Gettysburg Claims.
DECISION AGAINST TT

These claims, sixteen in number, filed in
the autumn of 1875 are for the use and rent of
ust d for hospitals in the summer Of 1853 near
the field of the battle of Gettysburg. =
One of the claims is for the use of the camping
Another is for the use Of buildings occupied
first by the rebels as a hospital for their
wounded and the next day by our own troops
poses closely connected with that great battle.
The lands and buildings were taken by our
army without license or contract on the part OF
the owner: and the records the War depart
ment show no action upon the subject. l
think these cases are governed by the follow
ing principles: The government has the right,
strOy any and all the property, real or per-
sonal of any citizen, loyal or diSloyal. in any
territory, whether in insurrection or not, in
poses. as for Notifications, camping grounds.
battle fields and hospitals, without legal liza
blllty to make compensation for the rent or
ularly appropriated or contracted for by the
proper officers as in time of peace. The ar
ticle of the. Constitution which provides that
no person shall be deprived of property with
out due process of law, and that private pro
perty shall not be taken for public use with
out just compensation, has no application to
such cases. Such laws are silent in war: and
Constitution, supersede the laws of peace
The occupation OF this property comes
within the principle above stated: and
the owners have no claim to compensa-
tlon and no compensation can be awarded
them Such losses are part of the
incidents and accidents of war; and the
government is no more bound to repair them
than to indemnify citizens against destruction
by flood or fire or earthquakes An owner has
no more claim for rent under such circum-
stances than he would have against the police
OF the town whom he had invited to protect
ms house against the assaults of burglars or a
mon. Inc government, as a matter of grace,
may by act of Congress give indemnify for
such njuries: but there is no existing statute
authorizing the payment OF such claims. |
mere Is no occasion Tor
they must be prOmtly rejected if presented
anew TO the accounting officers.
ENDORSEMENT.
April ), 1873.
Approved. 1t would be impossible for any
government to make good such losses during
war. and especially civil war, as are here
claimed: Certainly there is no authority of
law In the Treasury department to pay such
claims and would not ask Congress to all-
tholize it, though entirely within the power of
Isigned.l JOHN SHERMAN, Secretary.
Mrs. PRESIDENT HAYES has returned from
her visit To Ohio. She was accompanied on
her return by her uncle, Mr.. Cook also by
Miss Cook and Mrs. Mason.
GENERAL W. D. WH1pPLE. of General Sher-
mans staff, will be relieved about the lst of
May next. and detailed for duty as adiutant
general OF the department of Missouri with
headquarters at Chicago. General Drum,
whom he relieves. will be assigned to duty in.
the War department.
THE WASHINGTON SCHILLERBu-ND will hold
their next reunion at the attractive residence
Of Mr.. and Mrs. Fassett, 925 PENNSYLVANIA
avenue.
Music AT THE CAPITOL-One of the at
tractive features at the capitol today was the
singing in the rOtunda this afternoon. by the
,Il connected with hp m, ia
representation of Uncle Toms Cabin at
the National Theatre Their splendid voices
filled the vast dome with fine effect.
THE MAsHALsHIP of the western district of
Virginia. hes between c. Y. Thomas and
John r. Lewis. Gray has resigned
THE Post OFFICE INvEsTIGATIoN.-The
House committee on post oticess and post
roads examined Col tractor Chichester to-day
at the Post Office building as to the number of
his contracts, his profits, etc. A sub-contrac-
tor under MIR. Adams for The steamboat route
between Memphis and Little Rock, was also
examined. Nothing was developed OF special
interest.
NOMINATIoN.-The President has nominated
Justin f. COlburn, of Vermont to be consul
general Of the United States at the city of
Mexico. Mr.. COlburn is at present the chief
correspondent of the New York Times in this
city. He came here in 1868 as private secre-
tary to Senator Sprague.
ACTION OF THE MEDICAL ASSOCIATION OF
THE DISTRICT IN BEHALF OF THE COMPLETION
OF THE MEDICAL HISTORY OF THE WAR.-At
the annual meeting Of the Medical Associa-
tion of the District of Columbia, held April 2.
1879, preamble and resolution was adopted
to the effect that the association has viewed
with extreme regret the action taken by the
committee on appropriations of the House of
representatives, by the insertion of a clause
In said appropriation bill prohibiting the sur
geon general from further carrying on toward
complexion the Medical History of the War of
the Rebellion therefore
Resotred, That this meeting, rejecting the
desire not merely of the medical profession of
the District OF Columbia, but also, as portion
OF the great confraternity of medicine in the
United States, rejecting the wish of the whole
taxes this opportunity to express its sense of
the high IMPORTANCE in its relation to the ad
Vancement of medical and surgical science of
the publication now going on under the care
OF the Surgeon General of the United States
army, and entitled the Medical History of the
war OF the Rebellion, and to acknowledge the
TACT that by the portions of some already pub
Ished 1t has raised the status of the medical
position as contributors to the progress of the
healing art, and ventures to exp press the hope
that the proposed legislative prohibition may
tiOnal work may be pushed forward toward
early completion by liberal aid on the part of
A committee of the association was an
pointed to wait upon Congress in the interest
Of the profession consisting of Drs MackalI.
BuSey, Morgan and AntiSell.
Col. o. L. SHEPHERD, of Newport, R. l..
retired officer of the United States army
having been tried by court martial for neglect
ing to pay over fund contributed by brother
0ffcers in 1864 for monument on Stone river
battle-ground. as stated in THE STAR, Presi-
dent Hayes has approved the sentence, which
is that Shepherd be confined within the limits
OF the post Of Fort Adams for one year, and
thereafter until the money, 81 993, with interest
from 1854, shall be paid. Col. Shepperd was
put under arrest yesterday.
NAVAL NEws.-The Omaha arrived at st
Thomas from the South Pacific on the Ist of
March, and expected to leave on the Sth. She
will make Hampton Roads about the 18th inst,
Rear Admiral Preble, formerly commanding
the South Pacific squadron, but recently re.
tired, Is coming home aboard her. Commo-
dore Wyman, OF the photographic office, is to
succeed him as the commander of the South
Pacific squadron.
BoUNTIEs DUE CoLoRED SOLDIERs.-The
Secretary OF War has transmitted to the Sen.
ate committee communication from the
adJutant general, wherein the latter recon.
mendS an appropriation of $4,000 to continue
the work OF collection and payment of bonn.
ties due colored soldiers and Sailors to Jan
uary !, 1879.