The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-04-09
GENERAL WASHINGTON DISPATCHES.

GENERAL WASHINGTON DISPATCHES.
wAsHrsGroS, April s, 1878.
THE GETTYSBURG CLAIMs-owNERs SEEKING
RECoMpENsE FOR THE USE OF LANDS AND
BUILDINGS OCCUPIED BY THE UNION ARMY
BEFORE AND AFTER TIE GREAT BATTLE
ADVERSE DECISION OF THE SECRETARY OF
THE TREASURY.
The following decision from the Treasury Depart
meut regarding the Gettysburg claims has just been
rendered.
TO TIE sscx.rARY-rhese claims, sixteen in
and rent OF camping ana parade grounds and build
ings used for hospitals in the summer OF 1868,
the field OF tho battle Of Gettysburg. Upon
tho examination OF tho Claims by thu
Third Auditor. on April 0. 1879, he
by Secretary brstow 10 The Department
OF Justice for that purpose. They were returned ON
A A. ISIS Sy the Aornsy Gsn'rs to
formation that they had been referred 10 tho
District Attorney for the Eastern District Of Penn
syvania, aud that u had been impossible for him
make u satisfactory examination Of them, and sug-
costing that an investig ton DO made by SPECIAL
Ono Q. the claims Is for the OF camping
grounds Tor our army just boforo the battle Another
rs hospital Tor their wounded and the next day by
our own troops for The same purpose. All OF them
connected
The lands and buildings taken by our army
without license or consent on the part OF the owner
and the records OF tho War Department show no
action upon the subject Think these are gov
erned by tho following principles
Tho government has the right, IN the conduct OF
war; TO use, occupy or destroy any and all the prop
erty real or personal Of any c,lzen, loyal or dis
loyal in any territory, whether In insurrect'on or
not, In actual military operations for military
purposes, US for fortdcations, camping grounds,
battletclds aud hospitals. without legal
rem. thoroof unless tho property has boon reg
nary appropriated or contracted for BY the proper
sti,uton winch provides tha. no person shall 10 do
prived OF properly without due process OF law aud
INIT private property shall no. % taken ior pubic
picaton TO such cases. Such laws are
silent In war, and the laws OF wnr which arc recog-
nzed ny the constitution supersedo tho laws OF peace
The occupation OF this property comes within the
princDIs above stated ana the owners have no claim
them. Such losses part Of tho Incidents
AMI accidents Of war, the governments is no
citizens against destruction, Z W nooo, IRE
earthquake. An owner has no IRE clam for
the police OF the town whom he had invited 10 pro-
his house against tho assaults o. burglars
MOB The government a. q matter OF grace, may by
but there NO existing statute authorizing the pay
ment OF such claims. think, therefore, there is no
occasion Tor further investigation of these claims aud
that they must DO promptly rejected II presented
anew 70 she accounting ofncers. Very respectfully
II. =. FRENCH, Assistant Secretary.
TREASURY DEPARTMENT, April 8, 1873
Approved. Ii would DO impossible for any govern
ment mako good such losses during war, ana espc
ciay civil war, hore claimed. Certainly there
is authority Of law N the Treasury Department 10
pay such claims, and 4 would net ask Congress TO
authorize though entirely within the power OF that
body. JOHN SHERMAN. Secretary.
SECRETARY sHERMAN's VISIT TO NEW YORK.
Secretary Sherman left Washington for New York
this morning. He will DO absent from Washington
several days. Assistant Secretary Hawloy . Acting
Secretary Of tho Treasury during Mr.. shermans
absence
Secretary Sherman ID accompanied on his visit to
New York by Mr.. Baker. the Chief OF the Loan d.
vision or tho Treasury Department.; Mr. Tingle, the
Chief OF the Special Agent Division and Mr. Babcock,
stenogra phic amanusnsis TO the Secretary. The
departure OF these officials has boon matter OF
secrecy, and It was not known that any i'm
portaut business was In contemplation until
to-day. when their absence from their desks
Treasury Department concerning the meaning or this
trip TO New York. but II ID known that the party will
remain there for several days. Business connected
with the Customs Ofnee, we'll as the loan 10 prob
ably tho object or thor Wait while It Is also believed
that Mr.. sherman will consult with leading New Y ork
fnancicrs upon the subject OF the resumption Of
specie payments
THE SOUTH CAROLINA CONTESTED ELECTION
CASE.
The House Elections Committee to-day agreed by .
unanimous vote to dismiss the South Carolina con-
tested election case OF O'Connor, democrat against
Cain. republican, tho sitting member.