FREE BOOKS

Author's List




PREV.   NEXT  
|<   479   480   481   482   483   484   485   486   487   488   489   490   491   492   493   494   495   496   497   498   499   500   501   502   503  
504   505   506   507   508   509   510   511   512   513   514   515   516   517   518   519   520   521   522   523   524   525   526   527   528   >>   >|  
m. No bill for the relief of the claimant has, however, passed Congress until the present session, when a favorable condition seems to have presented itself. The bill herewith returned empowers and directs the accounting officers of the Treasury to settle and pay to the representatives of Maddox the amount found due him on account of the loss and damage he sustained by the seizure by our military forces of the tobacco purchased by him under the agreement referred to, excluding, however, the tobacco destroyed by fire in the city of Richmond, and provides that said claim shall be determined upon the evidence taken and now on file in the office of the clerk of the United States Court of Claims and the War Department and any other competent evidence. I fail to appreciate the equities which entitle this claimant to further hearing. Every intelligent man should be charged with the knowledge that as a general rule commercial intercourse with the enemy is entirely inconsistent with a state of war, and that the law of 1864 had for its object the encouragement of the insurgents themselves to bring their products to us, and not the authorization of persons to roam through the insurrectionary districts and purchase their products on speculation. Even if the claimant did not understand these conditions, he certainly knew that his contract was based upon a statute; that the agent with whom he was contracting was a creature of statute, and that such statute and certain regulations of the Secretary of the Treasury made thereunder regulated the right and limited the action of all the parties to said contract. These things sufficiently appear from the very terms of the contract and the permit signed by the President. The privileges and liberties contained in this permit are expressly granted "with strict compliance with regulations of the Secretary of the Treasury." If before or after entering into this contract the claimant had examined these regulations, he would have found that they provided that "commercial intercourse with localities beyond the lines of actual military occupation by the United States forces is absolutely prohibited." He would have also found that such regulations expressly provided that the power of the agent of the Government to make contracts should be founded upon the statement that the contractor then owned or controlled the products for which he contracted. And yet the permit of the President, whic
PREV.   NEXT  
|<   479   480   481   482   483   484   485   486   487   488   489   490   491   492   493   494   495   496   497   498   499   500   501   502   503  
504   505   506   507   508   509   510   511   512   513   514   515   516   517   518   519   520   521   522   523   524   525   526   527   528   >>   >|  



Top keywords:

regulations

 

contract

 

claimant

 

Treasury

 

products

 

statute

 
permit
 
President
 

expressly

 

military


provided

 
forces
 

tobacco

 

evidence

 
States
 

intercourse

 

Secretary

 
United
 

commercial

 

limited


action

 

passed

 

regulated

 
thereunder
 

parties

 
signed
 

things

 

sufficiently

 

Congress

 

condition


conditions

 

understand

 

speculation

 

favorable

 

contracting

 

creature

 

present

 

session

 

liberties

 

Government


contracts
 

occupation

 

absolutely

 

prohibited

 

founded

 

statement

 

contracted

 

controlled

 

contractor

 

actual