, 1879-04-16
Claims Commission was not court, but merely
Co'ntntttce to take testimony nntl
REpQHT II 10 EtNnREH4.

lie ea!u tl1nt " per cent Of all the claims pre-
sentcd before the Southern ClaIma Commission
would, II sent to the Committee on Claims, 90
tnfoaEh ~lthout needing any prnof OF loyalty
on the parl Ut he claimant, hecat&se II lIad hretl
| decided TINT the Executive parlon removed tile
distinction u foyn1ty. T!ic prunus,to,>, there.
fore. whs tO abolish substantially tIm tllsttnr+
tfn,l that hal hithrEtn been tnude III Tint ro-
spect,-|at claims arising o,st of thu Wnr should
not pc paid except to persons who Ind hreu
loyal to the Government 1uri,,t, tIc War That
objection was, tn blu mind. utterly fatai TO tl,c
proposition offered by tho gentleman from rcn-
to&sce tfoung}. II That amendment was 10 prc-
vail, hu wanted members To vote iltn,n It with
their eycs open. aid tn know ttut alt nltstAl-
lnH claims {oycr 8000] wcrc to be sent to court
In which, under fta rulings, Tie distinction he.
tween loyalty and d!sloyalty could not bc re-.
taincd.
Mr.. Drneg asked Mr.. Garfield who,hrr the
that the conquerinE pnwer was not rcspunsiblc
1or any loss inflicted upon pfivate citixuns r..
siding #, !lostllc territory.
Mr. Garfield admitted TINT 1t wns 80, hut
ter, because, II Congress conferred upou the
Court Of Claims jurisdictlon uycr these claims,
7 would te conferred according to The es,nb.
lishcd rules Of tl.at Court
Mr.. HragG-Will not these claims 20 to that
Court u be determined according to Law, ntl Is
1t not such that t!istoyal claimant eau recover
~ that Court, Anh ~ah not that the reason for
the 'nakesh!ft By which The Republican paEty
A&EatSH tH's t9GHl ~tH@luk AoII1llt&h1Unf
Mr.. Garlell-t}y repeated decisions af the
Court ot Claims aud Of tho Supreme Enlirt, lt.c
rardon OF claimant In construed tu wipe out
tllc distinction of dEsloyaity.
Mr. BragE-My purroso In Offering this
amendment Ia to prevent tls Government puy.
ifg any lelt which 1t is
NOT LE0A1tY L1AnLE TO PAT.
That IS my first purpose Ny scconl purpose ia
to prevent gentlemen on the other side fran puf-
,!sl!i''E canpaEn documents tn which they caII lis
to rob the Government, n,nl TT Which they Dc.
nouneu me Us d eoadjutnr distributing tutTy
(l.nughter.l | want these gentlemen to face
Tue music. They hare lid themselves bcl1tnd
nes5ee loyal during tic Warl II SO, Why, In
Gods name, did she 60 out VI tue Union, ind
cost us more pconle md treasure to l,utd thnn
any other State except Virginia cost usf Tile
yghom you a!e to Be JUDGED. II tl!e peurie 81
Nostl Carolina wcre loyn, how lid the gcutle-
man {Rusectl} know TINT while hc himself wus
scfvs'', tn thc Confederate arfny, while he vas
the" becoming a Republican Judge viii.
ont cYsr having graduated from law
ot'!ce7 (1.nughterl aul not astouis,led tint
thc rules adopted by tic Southern Claims
n,at shead meet fayor VIII; .u. gen
man from Ohio {Gar!!old} ilAt tic substitute
| offered by the gentleman from Tennessee
llounEl ought not to be adopted, Every one
" tHohG l!hSIlulIEa HA5 I'LL EHEtHF. lnEf ia ft]
legal claim aQalnst tho GoycruIucnt, u,l When
VIZ commenced oncn|ng the dooEs Of tilr Trcus-
ury to thcn' wy di1 Il as a nattcr of gratulty.
aud yet you ask all these nen {tneaniug South.
ern mctnbcEs of tho 1lousc) who lost their ali III
Tue cause TO Vosa to fax themselves to pay iise
loyal 70 US; to The tnen who were "Good
rhtoh a. 1 1o.. ~ ~ =. ~. Hsoen!Is ILut
t|ry tre d,,Tino III. IVor ~ II I euthser Gser "HS @
nsl thrtn to In th,t Van oak th.t ~. h,,rd,na uu
" ''''S a'seaay ose'oafocnca Deoplo
SHALL lie 1HchEAsEn
In violation Of international Inv.
Mt, Garilgldwlc general doctrine o. bellc
ants Of Tic beliigcrent territory. That general
doctrine ts recognized by I'LL lawyers every
where. But nobody lns ercr denied, except tile
'yar sud since. tlls Supreme Court has repeat:
edIJ deteFminrd that IN cases bcfors tt tho
! question Of loyalty cannos By raised where F,e
party has been granted nardon. 1t was stntcd
pcople Of tl!e scccdad States were wlIat wc
would call dls!oya!, nut! tlmt eyery nlnu In
those States that amounted to anything Iu1onl.-
ed to thu. category. desire to traverse sllat
know that QeayIng out all tho bnrdcr states)
there were l'fty regiments nftl seven companies
Of whitc men Ip our army fighting for tllo
Union fronl States thut went into thu Kcbc!lio1l
Au lIEf kuo" kllHL IFUl9 {lt ElI{HIE SLAtE I'll
Kentucky moro Union soldiers teugh. Under
ollr hag than Napoleon took Into the battlr Of
Waterlooa More than Wellington took with
tlte Allied armies agalnst Sauolrnn! 10 they
tenGtuoer tuAL 1otu0u coioTcd Mcn
FOUGHT UNDER oCH FLAG
against tue Rebellion, a,H! for the Union, nl,
tllat OF tint number 0O0 were froM Stutce
which went Into the Kebcliuni Io Aay tint
they nero enemies, th1t they l!d no rights and
TINT when VIC came out Of thu Wnr ws s4nuI
Ak..,Eu
proper losses that they suffered In aId OF our
Government ts what / l1ni nupc,l III u,n1, o,
either side OF the House would SAY, atn E|n1
to know tlnt the gentlemen whn
fought against us tlo uut say
it,-uot QUO Of them. 1t re-
lnanel for one at our own sodirrs
to say tut nothing ought IN he paiu ,n ury
man. however tnynl II lto came from the South,
III MY Judgment, TINT IL iu the highest lrgrca
1neqtiltatle unl unjust. Let thu Southern
Claims Commission 10 on mill It has neted in
the eases before it, md tet, let it ID mustered
out. Let us not enlarge that business, but let