The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1879-02-06
Southern Claims, Again.

1nree children OF George German. oi
Mississippi, loyal citizen, who died In
1863. made claim for stock and farm
produce alleged to have been taken and
used by the United States Army during
the war, of the estimated value of $9, $40
The reason assigned for not having pre-.
esnted the claim before 10, that George
German placed his claim in the hands oi
attorneys at Memphis, Tenn, for prose.
cution soon after the close of the war
that there wac then no jurisdiction fox
such claims arising In Mississippi; that
such Jurisdiction was not afforded until
the creation of the Southern Claims Com
mission in 1871; that meanwhile Cor
man died, and in the course Of the ad-
D7inistration of his estate the matter was
not brought to the attention Of the petit
toners until 1874, year or more after
the time Limited for the filing of claims
had expired. The Committee on War
Cia,mS reported that a prima .tacie case
had been proved, and reported q bill
referring the claim to the Court of Claims
for adjudication. The third reading of
the bill vas opposed by Mr.. CIarfson
Potter, of Now York, and we are in-
formed that his remarks provoked ap-
plause all-Tound. His difficulty with the
bill! vas not that it provided for Judi
ciai ascertainmeDt of facts, but that it
provided for payment to the claimants
II the facts be established, while there is
not by law any liability for them." Mr..
Potter said:
Once for all, let it be remembered
that where property within the enemy's
lines was taken or destroyed by our troops
In carrying on the war, the Government
of the United States is rot liable ior such
property by the laws of nations and of
war unless it choose to assume such liza
bility. That it did see fit to do, MS re-.
CARDS the property taken from loyal citi-
zens, for limited time But its liability
for such claims ended with the limita-
tion which Congress provided in the bill
establishing the Southern Claims Com
mission"
Mr.. Potter insisted that the right to
make such claims never existed except
by positive law, which positive law de-
clared that it must be asserted within a
certain number of years, which number
OF years has expired, so that the right
has gone. He said:
"1f we are going to give one loyal
claimant the right to come in after the
Limitation originally provided has ex-
pired, we ought to give it to every such
citizen, and we ought not to BEGIN by re-.
ferring TO tho Court of Claims single
one Of these war claims and directing
that Court to adjudicate and allow it in
preference to all the rest, or without un-
derstanding that this bill is the G:ss. s.;sp
in that road and being prepared to travel
1t through. at any rate the House
ought to understand that this is one of
nass or claims for losses sustained by
men at the South during the war, which
claims wero for time allowable, if I
may use the term, by the law establish
ing the Southern Claims Commission,
but which are no longer 3d."
Within the time allowed by law
great many Southern loyalists applied to
She Southern Claims Commission and
had their claims allowed; but others
tsonie because they could not do so in
time, some because they did not take the
trouble TO be- in time, and some for other
reasons,) did not apply. Now it is said
that the whole Southern country is full
of claims OF this kind which will be
pressed the moment we give the claim
ants right and opportunity to enforce
thcm--iaims, the amount of which will
go Ear to exhaust the treasury of the
United States in their payment. Now
we, on this side of the House, have as
serted that we did not intend either to
provide payment OF these claims nor to
establish q tribunal in which they can be
! enforced; and gentlemen will remember
that in the late debate on William and
Mary College the gentleman Fl ON Vir-
ginia Mr.. Goodel said the South did
not expect nor demand that wo should
do so.
eff we renew it for one loyal claimant
we should renew it for all. This bill
means that We shall provide fer paying
the hundreds of millions Of dollars which
the Republican journals say tho loyal
Southcrners mean to take out of the
streasury. do not believe the people of
the South, as whole, want these claims
provided for, and am not going to take
che tirat step which shall open the door
80 such payment when I do not believe
se are bound to do it by right, and do
sot believe it will now be for the advan-
age of either section to do it by favor.
There is no such thing as legal liza
slity on the part of the Government in
Eyor of loyal or disloyal people for prop
asty taken by the army in the enemy's
ountry. Such sufferers have no natural
ghts of recovery for such losses. Con-
fess did see tit to create special liza
ility for those in the South whom we
lyle loyal citizens. The liability thus
reated has expired. This bill proposes
% revive it. think it is q dangerous
Thing to do, and / want it understood
hat one Democrat stands here opposed
in that subject to the distinguished Re-
sublican from Ohio, Mr.. Keifer.)
The war has been over for some fif!
cen years. The loyal men of the Sonth
iaye had an opportunity to present their
plaims. TO now, at this late day, give
@9,t,IIi iiE.nthieI opportunity. would be TO
&,en the door 70 a vast araiy OF clairns
4nts, many of whom are without merit.
she question of mans loyalty. who was
onth during the late war is one of the
aost uncertain and Elusive of questions.
roof of come sort. indicating that he
gas dissatisfied at some time with the re-
5eiiion or with It's leaders, can be coliec:
I'D in regard to almost any man there.
Ind the temptation that would be held
it to get up: pretended claims, and for
aimants to assume TO have been loyal,
puld be yery great. From eli / can
arm from gentlemen from that section,
hiGE the general opinion at the South
that few of tf1ege claims are honest;
t more ssjustice than justice would be
ne by reviving them that they afford
Dnstant ground for irritation, lniscon-
lction and mistrust, and that the
Iii would on the whole, be; better OF
: wero ones fof al understood that the
Iortuuiiy 10 HsuvTt uuCn CiAims Would
be reyiyede
A the whole, therefore, I think it is
er for the Sonth, better for the n North,
r for the whole country, that the
r shonld be treated as eettled, and
"a y. a A -. - &