Virginia advocate. [volume] (Charlottesville, Va.) 1827-1860, 1828-05-10
COMMUNICA 7TON.
For tue Virginia Advocates
NIn "

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"Nor shall priuate property be taken for pubs
lie use, 'oithout Just compensation" CoDst U. s.
Amendment.
The last of the topics which this law presents
kor the attention, is-the nature of the prescribed
fconcomitant. When private property is taken for
public use, Just compensation is to be made What
Bis the meaning of this expression?
Of the different kinds of property of which the
public exigencies may require the taking; the ma
turo OF some, ard ofthe purposes 70 which they are
commonly applied, is such, that they arc nccessa-
5ily consumed in the use; while others are not
1cessarily consumed, but only subject to the deteri
oration of time and liable to destruction by accii
dent Flour, sheep and bullocks, to eat powder
and ball to destroy the enemy; are of the former
kind. Mich cows, to provide milk for the sick {;
horses to haul baggage and ammuntion; men to
drive them; telescope, TO spy the enemy, &c. {;
lal these are Of the latter. The former admit of
but one rule of compensation the latter of two;
and the question necessarily presents ITSELF which
,of these shall be adopted
In relation to things Of the latter description,
<there prevails in every civilized community, prac-
Etice of hiring them for various pcriv,s Of time; or
Gn other words, of selling the right to apply them
particular aud this sort of interest i'm these
objects, has generally current price, like every
5oher ordinary interest in every other ordinary OBJ
1 ect OF property. This price is always made up of
3throe distinct clements to wit--the usual interest
BON the capital invested in the object; equivalent
for the necessary ordinary depreciation of the
object, while in the contemplated; and lastly,
insurance against the casualties-the ertrdordina
zry depreciation or destruction, to which, while so
FUSED, it is liable. These three elements are ne
RCessarily involved in every nationally fixed cquiva-
Elent for theuse of thing and no better evidence
sot this truth is requisite than that the feeling
5of right, in the most illiterate and unreflectng
man, would inevitably lead him, although without
distinctly knowing why, to vary the rate Of hiring
with any sensible variation in either Of them,
There is, however, one cause wherebv-the two
first elements remaining stationaey-the just price
Eof the of a thing may be kept so likewise I'M
citation: and this is, by the hirer's taking upon
\ himself to ensure against that increase.
This is most obviously, the alternative present.
led to our federal agent, whenever property is ia
/ ken for the public use, and applied to purposes
fwnlch create nsie iiscfease in the danger
Cured by it. Either to augment the hire. by the
tamount Of the insurance, and let the owner incur
the risk or to pay the price of ordinary use, la
\ and throw the risk on the public.
Which of these rules would be the best? The
latter, demonstrably, for both parties. And not
Sonly for this reason, ought it to be adopted but
lit must, for stronger reason,-the utter imprac-
reliability Of the former.
First, as TO the expediency. On the same
grounds precisely, that it is to the interest of
merchant owning one or small number ofvessels
ITO have them insured by some larger capitalist 1t
lis eXpedent for the proprietor of any object taken
for an extraordinarily rskful use, to avoid resting
This substance the doctrine Of chances To
compel him to do would be- not only to deprive
him forcibly of the Of thing, which it does
mot perhaps suit his particular interests to dispense
with; but moreover, to force him, quad hoe into
the condition of gamester. On the other hand
for precisely the same reason that merchant
with very large number of adventures at sea, had
best be his own insurer; the public would pursue
athe most advisable course for their interests by
taking the risk, and keeping fie heavy premiums
THAT would be called for by the nature of the uses to
/ which, i'll most cases, impressed objects are APP
fplicd
Next as to practicability. The latter pfnci-
5ple would be perfectly simple, in its application.
The value OF the ordinary of the object taken
I during the time it was in use; and the purchase
bic value of it, if destroyed or an equivalent for
4 the damage, it damaged-these all the data
that the calculation woud in each case, REQUIRE
land the calculation itself would be of the utmost
simplicity. 1T is far otherwise however, of the
Sother rule. When we take into consideration the
circumstances under which impressments are COM
E1nony made. 1T Will become manifest how utterly
eimpracticable it would be in most cases. and how
very expensive in all to come, even in very
Plough way, at the data requisite to calculate what
s'hc premium should in each case be. And this
|impracticable object being effected, it would be
necessary TO call in the services of matliemat:
clan capable Of making use ofthem.
THE Spirit qf ~.
Ia I'm GaIiev The public would be necessary tn
ocsr in mind, that The prce Of the ordinary use would
ne Just enumeration for only ordinary tear & fcar
Int also, ordinary ca5aaftics. For instance suyuose
slave !aborer TO he taken anil sci TO digging trench
Within the range ofan enemy's houere% The ordips
Try price ofdiicR work wonlo be just copcnsation fbc
performed the work uhnurcd or If injured lie w,r.
no. not by the enemy's balls. bot in way that
ditchcrs commonly liable to be.
COH1TUNIC1 T'TDV.