Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1879-04-16

respectable thiDg-but the insinuation was slam
der on men W no were the equals of the gentleman
from Wisconsin or any other gentleman on the floor.
Applause on the Republican side.l
Mr.. Warner wanted to know why the gentleman
from North Carolina would lave the house to vote to
pay for property which he TRusseul, while in the
Confederate service. had helped to destroy.
Mr.. Russell, not having heard the question dS-
tnctly. did not answer the quest directly but said
he had been In the Confederate service, and not
apoiogIZlng for it, either.
Mr. Garfield. In answer 10 some argument on the
opposite side, remarked that the southern claims
sion to take testimony and report 1t to congress- He
said that nnetynine per cent OF all the claims pre-.
sented before the southern claims commission II
sert to the court OF claims, go through without need
ing any proof of loyalty on the part of claimants,
because it had been decided that the executive par
don removed all distinction of loyalty. The propo-
sltiOn was, therefore, abolishiDg substantially the
distinction that had hitherto been made In that re-
spect. that claims arising out OF the should not
have been paid except to persons who had been
LOYAL to the government during the war. That OBJ
lection to his mind utterly fatal to the PROPOSE
ton offered by the gentleman from Tennessee
lYoungl, IL that amendment should prevail. He
open and to know that all outstanding claims over
eight thousand were to be sent to court In which,
dsIeyaitS could not be refSDed ''"o0i 'O'ai' aus,
Mr. Bragg asked Mr.. Ga field whether the laws OF
quering power not responsible for any loss in
icted on private citizens residing in hostile terri
Mr. Garfield admit that that was So but stated
that the law would not avail in this matter because
IL congress- copfeIr upon the court OF claims juris
diction over these claims, II would be confer ed
cording to the establishe Iuies OF that court.
Mr. Bfagg-Will not these claims go TO that court
to be determined according to law and is not the
law such that no dlsoyal claimant can recover In
reason for the make-shift by which the Republican,
party creatsd this southern claims commission?
MI Gari1eld.By repeated decisions OF the court OF
claimant Is construed to wide distinction of dis
loyalty;
ment is to prevent this government from paying any
debt which 1t Is rot legally liable to pay that is my
first Nv fS n fha 10
on the other side from publishing campaign doctl-
ments, in which they call US "Confederates," and
accuse us of attempt to rob the government, and
In which they denounce ma as a eOadjutor I'm dis
tIieuting tahy Taught rl want these gentlemen
to face the mt sic; they have hid themselves behind
The shadow OF loyalty long enough. Was Tennessee
loyal during the war? II so, why In Gods name did
Sh5 20 out OF the Union, ana cost people and
treasu to hold than any other state, except Virginia.
cost US? The people with whom you live are the
of North Carolina were loyal how did the gentlemen
Russel know that, while he himself was serving in
tne Confederate army while he was member ei the
Confederate legislature, then becoming Republican
Judge without ever having graduated from law Of
nee? lLaUghter.I l am astonished that the
rules adopted by the southern claims commission
should meet favor with that gentleman: Laughter
| agree with the gentleman from Ohio Mr. Garfield
that the substitute offered by the gentleman from
Tennessee GMr. Youngl should not be adopted
Every other one OF these claimants was an enemy.
They have no legal claim a3ainst the government
and, when We commenced opening the doors OF the
treasury to them, We did 1t as matter of gratitude,
and yet you ask all these men (meaning the south
members of The housed who lost their all In the
dlsloyal to them we'll as to men who good
Lord and good devil, depending on which nag 1t was
that hoated In front or the place where they lived
during the war. You ask them to do that; you ask
them that the Burdens OF this Overburdened people
shall be increased in Violation of International law.
Mr., Gaiield-The general doctrine Of Deligerents
is OF course accepted By eve 5body to enc
rtoIy; that general doctline is recognized BY all
Law ers ywhere; but nobody has ever denied to
and slnce the supreme has repeaf sdIy de-
mined that in the before it, the question of
loyalty cannot be raised where the patty has been
Lranted pardon 1t stated the last congress
that ninetynine per cent of all the people In the
that every IN Those Sat lsthatamoa1ie to any
thing belonged to that cate -ory desire to trans
verse that proposition by some facts. Do the gentle
men Know that, leaving out all the border Stat9s
there were h'ty r giments and seven companies OF
the States that went into rebelionP Do they know
that from the single State of Ken
fla than Napoleon took into the battle or Waterloo
More than Wellington took with all the allied ar
1856 600 cooTed men fought under the n G against
the rebellion end for the Unioo, and OF that numher
10000 were from the stat 70 which went Into the
rebellion? To say that they enemies, that they
had no rights. aud that when Gus OF tho war
we should not pay them and their families for all
proper losses that they suffered In aid OF govern
ment Is what had hoped no man on either side of
gentlemen who fought against do not say 1t. Mt
one OF them II remained for one OF our own
solGers to that nothiog ought to be paid to pny
man, however loyal. II he came from the south. In
my Judgment that In the highest degree inequitabe
ana u1lust Let the southern claI5 com mission 60
on until IL has aoed In cases before IT, and then let
be mustered out. Let not aTge that business
but let complete 1t. Most of all US not turn X
over to court where the distactionloetwt loyalty
and disloyalty Is not retained.
MI. TayloT-l rewr, sent a constituency which was
as true the Union and true to the fiaI as the
constituency repre- sented by the gentleman from
Wise onsin Bra -gl; II he mesus to Intimate that
the people OF East Tennessee not loyal to the
flag and that they were enemies to the government
than 10 the rame OF thII.y thousand soldiers from
East Tennessee who fOpght under the Union fiag,
and In the name OF the people whom represent,
hurt IL back in his teeth. Laughter aud applause
Mr.. warner Called in question the corr ectness OF
Mr.. GaIIeld's statement of fifty thousand in the
southern states fighting under the Union flag. He
knew there were some enlIstments of men rom tine
south, but they were straggers and deSerter5 from
the rebel army. Such men had been mustered In
companies and The government had supported them
but ne did not heeYe that they had fired shot OF
helLe1 put down th9eb9.lion.
Mr.. Springer moved an amendment TO Mr.. Youug'5
substitute by adding the pr0IiSo THAT cases thus
transferred TO the colt of cai shall be subject to
the same defense by the government that should
have been m lde II the cl3es were pending before
The commission"
Mr.. Spunger's amendment was rejected; only 30
MI. foung's amendment, in the nature of a subst-
tlte for Mr. Bra2S's amendment. was reiected-yeas.
63; nays, l07.
The question then reci1 led on MI B gg's amend
ment, and 1t was rejscted-yeas. 80; nays, 100
Mr.. Springer offered an amendment abOltShIDg the
southern claims commission and providing that any
States in which court of claims would not now have
jurisdiction. but founded on equity and justice, and
not AIRED by limitation, may file his plea In coult
or claims Il luther provides that Tie core shall
report Its finding to cors esS and congress shall not
allow or authorize the payment of any private claims
not payable Under the existing law until the CLAIM
have been Investigated by corii of claims aud re-
| port both OF the amendments.
The committee rose and the house directed that
an uepate on me anendme nail close In ten min
utes after the hou'e again goes into COMMITTEES.
Adjourned.