Year: 1878

amount for false, exaggerated and mis-


taken demands, it follows that there


would be over $260,000,000 in this clas


alone to pay if proof of actual loyalty wa


not required, and if the Government


should be held liable to pay "marke


value" for all property taken.


THE SPECULATION OF THE AGE.
THE CLAIM AGENTS PLAN TO MAKE THE UNITEI


STATES PAY THE REBELS FOR THEIR LOSS OF


PROPERTY BILL WITH TREMENDOUS CON


SEQUENCES.


From a regular Correspondent of the Tribune.


WAsHINGTGN,' Aug. 6-The ways of the
motto is "Stick to it, and sometime you
will win" His stock in trade is of ma
ture which time cannot deteriorate. Its
tendency, in fact, is rather to improve
with age. His ventures are of kind in
which failure brings him no losses, while
success opens a safe and speedy road tc
abundant wealth.


When it is considered that Southern
war claims, aggregating $4,000 900, are
either pending before Congress and the
tribunals, or awaiting in the hands ot
claim agents favorable opportunity fol
presentation, it would seem to be quite
time that Congressman should begin to
study the question involved in their con-
| slderation with view not only of clear
ing away great clog to the wheels oi
legislation, but of guarding against the
danger, which is imminent, that the Ma
tional Treasury will be robbed of its rev
| enues and the country burdened with an
enormous additional debt. The latest
specimen of the handiwork of the claim
agents is the bill introduced "by request
on May 20 by Senator Christiancy, syn
| oposis of which was published in the Tri
| bune, ITO reorganize and extend the
Jurisdiction Of the Court of Claims. -
| Should this bill become law, it would
| practically solve the Southern claims
question, and that by giving to the claim
antssall they ask.


A letter was published in The Tribune
of April 80 giving an analysis of the pro-
visions of bill of much the same purport,
in which it was shown that, in conse-
quence of the general amnesty proclama-
tion of President Johnson, issued Decem-
Der 25, 1868, any action by Congress which
should give any court jurisdiction of
Southern war claims would open the
doors at once for the payment to late reb-
els of full damages for all the losses they
had sustained in consequence of their
avs VI IIGdSCH ne supreme COurG mas
decided that no power exists in Congress
to limit the operations of the President s
pardoning power A very large number
of Southern war claims are now pending
before the Treasury, the Quartermaster-
Generals and the Commissary- Generals
Departments and the Southern Claims
Commission, and the majority of them
have been thus pending for years. These
claims amount to perhaps $50,000,000 AS
the tribunals referred to are not courts
within the constitutional meaning of the
term, the limitations contained in the
acts Of Congress giving them jurisdiction
are still operative, Notwithstanding the
amnesty. Every one of these acts pro-
vided that as first requisite in each case
presented the claimant should prove that
he had never given aid or comfort to the
enemies of the Government, and nearly
all of these claims are invalid on account
Of the known disloyalty of claimants
Should Mr.. Christiancy's bill become a
law, these claims will be removed from
the tribunals where they are and trans
ferred to the Court of Claims, where no
question as to loyalty or disloyatly can be
raised, and hence they will, in so far as
that point is concerned, at once be vail
dated. This would not only prepare the
way for drawing from the Treasury the
amount OF the claims now pending but
the precedent for which the claim agent
SO fervently yearns would be established,
under which the two or three hundred
million dollars worth of claims already
prepared could be brought forward, while
the possibilities in the way of new claims
from the South could only be measured
by the extent of damage done by our ar
mics to the property of the enemies of
the Government.


Another provision Of this bill gives the
Court of Claims jurisdiction of all claims
arising from contracts, express or implied
against the United States, now pending
or hereafter accrue. During the war our
officers, following the universal practice
of armies operating in an enelny's coun-
try, seized upon and appropriated for the
subsistence of the troops all kinds of
stores and supplies which they came
across. 1t was customary to give to the
owner of such property receipt pledging
the Government to pay its value upon
proof that the holder had not given aid
or comfort to the enemy. The wealthy
people of the South, those who had sup
plies to be seized, were nearly all rebels,
and OF course no one supposed that the
Government would ever pay for supplies
taken from them. The Presidents am
nesty, however, having cancelled the re-
quirement of loyalty, all these transac-
tons become by this accident valid con-
tracts, and will be payable whenever a
court shall be opened for their adjudica
ton. Moreover, the seizure of property
without the formality Of giving a receipt
may be considered an implied" contract
and thus this new field of enterprise be
greatly enlarged.





ions, the trainers of the bill have devised
the Treasury. This is found in the pro
vision that any bill or petition may by a
vote of either House be referred to the
Court of Claims for examination, and
then returned to Congress, with its find
ings and recommendations. Every one
familiar with Congressional proceedings
knows the ease with which bills and pc
titions may be introduced "for reference
only" often even without being read.
Neither political party has yet avowed
willingness to pay war claims, the owners
of which were disloyal, and none such
have received favorable consideration
from either House; but if the principle
should be established of referring them
to court which was especially debarred
from considering the questions of loyalty
and disloyalty, and before which the late
rebel may demand the same considera-
tion as if he had fought or suffered in
the Union cause, these claims must be
returned to Congress bearing the pres
tige of favorable decision by one of the
highest courts in the land, with their
prima facie validity established and the
burden of contention removed from the
claimants to the Government.


AS thousands of the constituents of