Charles Sumner: his complete works, volume 17 (of 20) — John Shaqi
Charles Sumner: his complete works, volume 17 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 17 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
to it my homage, I must confess, that, as a precedent, it is entirely
inapplicable to the present case.
* * * * *
Putting aside these two several classes of cases, we are brought back
to the original principle, that there can be no legal claim to damages
for property situated in an enemy country, and belonging to a person
domiciled there, when taken for the exigencies of war.
If the conclusion were doubtful, I should deem it my duty to exhibit
at length the costly consequences from an allowance of this claim. The
small sum which you vote will be a precedent for millions. If you pay
Miss Sue Murphey, you must pay claimants whose name will be Legion. Of
course, if justice requires, let it be done, even though the Treasury
fail. But the mere possibility of such liabilities is a reason for
caution on our part. We must consider the present case as if on its
face it involved not merely a few thousands, but many millions. Pay
it, and the country will not be bankrupt, but it will have an infinite
draft upon its resources. If the occasion were not too grave for a
jest, I would say of it as Mercutio said of his wound: “No, ’tis not so
deep as a well, nor so wide as a church-door; but ’tis enough.”
If you would have a practical idea of the extent of these claims, be
taught by the history of the British Loyalists, who at the close of
our Revolution appealed to Parliament for compensation on account
of their losses. The whole number of these claims was five thousand
and seventy-two. The whole amount claimed was £8,026,045, or about
thirty-eight million dollars, of which the commissioners allowed less
than half.[23] Our claimants would be much more numerous, and the
amount claimed vaster.
We may also learn from England something of the spirit in which such
claimants should be treated. Even while providing for them, Parliament
refused to recognize any legal title on their part. What it did was in
compassion, generosity, and bounty,--not in satisfaction of a debt. Mr.
Pitt, in presenting the plan which was adopted, expressly denied any
right on grounds of “strict justice.” Here are his words:--
“The American Loyalists, in his opinion, could not call upon
the House to make compensation for their losses as a matter of
strict justice; but they most undoubtedly had strong claims on
their generosity and compassion. In the mode, therefore, that
he should propose for finally adjusting their claims, he had
laid down a principle with a view to mark this distinction.”[24]
In the same spirit Mr. Burke said:--
“Such a mode of compensating the claims of the Loyalists would
do the country the highest credit. It was a new and a noble
instance of national bounty and generosity.”[25]
Mr. Fox, who was full of ardent sympathies, declared:--
“They were entitled to a compensation, _but by no means to a
full compensation_.”[26]
Public-domain text, read in full here on John Shaqi.
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