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
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.
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Public-domain text, read in full here on John Shaqi.
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