And Mr. Pitt, at another stage of the debate, thus denied their claim:--

“They certainly had _no sort of claim_ to a repayment of all

they had lost.”[27]

So far as this instance is an example to us, it is only an incentive

to a kindly policy, which, after prudent inquiry, and full knowledge

of the extent of these claims, shall make such reasonable allowance as

humanity and patriotism may require. There must be an inquiry not only

into this individual case, but into all possible cases that may spring

into being, so that, when we act, it may be on the whole subject.

* * * * *

From the beginning of our national life Congress has been called to

deal with claims for losses by war. Though new in form, the present

case belongs to a long list, whose beginning is hidden in Revolutionary

history. The folio volume of State Papers, now before me, entitled

“Claims,” attests the number and variety. Even amid the struggles of

the war, as early as 1779, the Rev. Dr. Witherspoon was allowed $19,040

for repairs of the college at Princeton damaged by the troops.[28]

There was afterward a similar allowance to the academy at Wilmington,

in Delaware, and also to the college in Rhode Island. These latter

were recommended by Mr. Hamilton, while Secretary of the Treasury, as

“affecting the interests of literature.”[29] On this account they were

treated as exceptional. It will also be observed that they concerned

claimants within our own jurisdiction. But on a claim for compensation

for a house burnt at Charlestown for the purpose of dislodging the

enemy, by order of the American commander at that point during the

Siege of Boston, a Committee of Congress in 1797 reported, that, “as

Government has not adopted a general rule to compensate individuals

who have suffered in a similar manner, the Committee are of opinion

that the prayer of this petition cannot be granted.”[30] At a later

day, however, after successive favorable reports, the claim was finally

in 1833 allowed, and compensation made to the extent of the estimated

value of the property destroyed.[31]

In 1815 a claimant received compensation for a house at the end of the

Potomac bridge, which was blown up to prevent certain public stores

from falling into the hands of the enemy;[32] and other claimants at

Baltimore received compensation for rope-walks burnt in the defence of

the city.[33] The report of a committee in another case says that the

course of Congress “seems to inculcate that indemnity is due to all

those _whose losses have arisen from the acts of our own Government, or

those acting under its authority_, while losses produced by the conduct

of the enemy are to be classed among the unavoidable calamities of

war.”[34] This is the most complete statement of the rule which I find.

After the Battle of New Orleans the question of the application of

this rule was presented repeatedly, and with various results. In one

case, a claim for “a quantity of fencing” used as fuel by troops of

General Jackson was paid by Congress; so also was a claim for damages

to a plantation “upon which public works for the defence of the country

were erected.”[35] On the other hand, a claim for “an elegant and

well-furnished house” which afforded shelter to the British army and

was therefore fired on with hot shot, also a claim for damage to a

house and plantation where a battery was erected by our troops, and on

both of which claims the Committee, simultaneously with the two former,

reported favorably, were disallowed by Congress.[36] In a subsequent

case both the report and action seem to have proceeded on a different

principle from that previously enunciated. At the landing of the

enemy near New Orleans, the levee was cut in order to annoy him. As a

consequence, the plantation of the claimant was inundated, and suffered

damages estimated at $19,250. But the claim was rejected, on the ground

that “the injury was done in the necessary operations of war.”[37]

Certainly this ground may be adopted in the present case, while it must

not be forgotten that in all the foregoing cases the claimants were

citizens within our own jurisdiction, whose property had been used

against a foreign enemy.

The multiplicity of claims arising in the War of 1812 prompted an Act

of Congress in 1816 for “the payment for property lost, captured,

or destroyed by the enemy.” In this Act it was, among other things,

provided,--

“That any person, who, in the time aforesaid [the late war],

has sustained damage by the destruction of his or her house

or building by the enemy, while the same was occupied as a

military deposit, under the authority of an officer or agent of

the United States, shall be allowed and paid the amount of such

damage, provided it shall appear that such occupation was the

cause of its destruction.”[38]

Two years later it was found, that, in order to obtain the benefits

of this Act, people, especially on the frontier of the State of New

York, had not hesitated at “fraud, forgery, and perhaps perjury.”[39]

Thereupon, the law, which by its terms was limited to two years, and

which it had been proposed to extend, was permitted to expire; and it

is accordingly now marked in our Statutes, “Obsolete.” But it is not

without its lesson. It shows what may be expected, should any precedent

be adopted by Congress to quicken the claimants now dormant in the

South. “It is the duty of a good Government to attend to the morals of

the people as an affair of primary concern.”[40] So said the Committee

in 1818, recommending the non-extension of the Act. But this warning is

as applicable now as then.

* * * * *

Among the claimants of the present day there are doubtless many of

character and virtue. It is hard to vote against them. But I cannot be

controlled on this occasion by my sympathies. Everywhere and in every

household there has been suffering which mortal power cannot measure.

Sometimes it is borne in silence and solitude; sometimes it is manifest

to all. In coming into this Chamber and asking for compensation, it

invites comparison with other instances. If your allowance is to be on

account of merit, who will venture to say that this case is the most

worthy? It is before us now for judgment. But there are others, not now

before us, where the suffering has been greater, and where, I do not

hesitate to say, the reward should be in proportion. This is an appeal

for justice. Therefore do I say, in the name of justice, Wait!

January 15th, the same bill being under discussion, Mr. Sumner

spoke as follows:--

There is another point, on which I forbore to dwell with sufficient

particularity when I spoke before. It is this: Assuming that this

claimant is loyal, I honor her that she kept her loyalty under the

surrounding pressure of rebellion. Of course this was her duty,--nor

more nor less. The practical question is, Shall she be paid for

it? Had she been disloyal, there would have been no proposition of

compensation. As the liability of the Nation is urged on the single

ground that she kept her regard for the flag truly and sincerely, it

is evident that this loyalty must be put beyond question; it must be

established like any other essential link of evidence. I think I do not

err in supposing that it is not established in the present case,--at

least with such certainty as to justify opening the doors of the

Treasury.

But assuming that in fact the loyalty is established, I desire to go

further, and say that not only is the present claim without any support

in law, but it is unreasonable. The Rebel States had become one immense

prison-house of Loyalty; Alabama was a prison-house. The Nation, at

every cost of treasure and blood, broke into that prison-house, and

succeeded in rescuing the Loyalists; but the terrible effort, which

cost the Nation so dearly, involved the Loyalists in losses also.

In breaking into the prison-house and dislodging the Rebel keepers,

property of Loyalists suffered. And now we are asked to pay for this

property damaged in our efforts for their redemption. Our troops came

down to break the prison-doors and set the captives free. Is it not

unreasonable to expect us to pay for this breaking?

If the forces of the United States had failed, then would these

Loyalists have lost everything, country, property, and all,--that is,

if really loyal, according to present professions. It was our national

forces that saved them from this sacrifice, securing to them country,

and, if not all their property, much of it. A part of the property

of the present claimant was taken in order to save to her all else,

including country itself. It was a case, such as might occur under

other circumstances, where a part--and a very small part--is sacrificed

in order to save the rest. According to all analogies of jurisprudence,

and the principles of justice itself, the claimant can look for nothing

beyond such contribution as Congress in its bounty may appropriate. It

is a case of bounty, and not of law.

It is a mistake to suppose, as has been most earnestly argued, that

a claimant of approved loyalty in the Rebel States should have

compensation precisely like a similar claimant in a Loyal State.

To my mind this assumption is founded on a misapprehension of the

Constitution, the law, and the reason of the case,--three different

misapprehensions. By the Constitution property cannot be taken for

public use without “just compensation”; but this rule was silent in the

Rebel States. International Law stepped in and supplied a different

rule. And when we consider how much was saved to the loyal citizen in

a Rebel State by the national arms, it will be found that this rule is

only according to justice.

I have no disposition to shut the door upon claimants. Let them be

heard; but the hearing must be according to some system, so that

Congress shall know the character and extent of these claims. Before

the motion of my colleague,[41] I had already prepared instructions

for the Committee, which I will read, as expressing my own conclusion

on this matter:--

“That the committee to whom this bill shall be referred, the

Committee on Claims, be instructed to consider the expediency

of providing for the appointment of a commission whose duty it

shall be to inquire into the claims of the loyal citizens of

the National Government arising during the recent Rebellion

anywhere in the United States, classifying these claims,

specifying their respective amounts, and the circumstances out

of which they originated, also, the evidence of loyalty adduced

by the claimants respectively, to the end that Congress may

know precisely the extent and character of these claims before

legislating thereupon.”

As this is a resolution of instruction, simply to consider the

expediency of what is proposed, I presume there can be no objection to

it.

Afterwards, on motion of Mr. Sumner, the bill, with all pending

propositions, was recommitted to the Committee on Claims.

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