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
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.
TRIBUTE TO HON. JAMES HINDS, REPRESENTATIVE OF ARKANSAS.
SPEECH IN THE SENATE, JANUARY 23, 1869.
Public-domain text, read in full here on John Shaqi.
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