Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1863-04-27
Responsibility of the Government for Slaves
Lost while in its Possession.

Lost while in Its Possession.
The orse of Representatives by resolution OF Feb
ruarv "a called on the President for information in
regard to slaves impressed by the Government and es-
Gaping to the enemy aud the liability of the Govern
n such cases to the owner The reply was received
o Saturday.
It appears that March 18TH 1862, the Secretary of
War ordered an impressment Of slaves in Virginia. de-
arng that the Government would be responsible 'ior
their value should they escape to, be injured by the
enemy" The slaves impressed under this order
and pledge, which communicated to the oWnors'-
But il seems thas before this November 25sh, 1861
,ie Attorney General advised the Secretary OF War
at though in cases of slaves impressed escaping to
the enemy policy required the Government to psy for
them vet that like al questions Of policy it addressed
itself 10 the aw-making Power, and Congress is
nov in session it viii be bet err submit it to Con-
gress.r But the Government made no reference to
Congress, and proceeded in the following March, to
make The order above reeted thus CLEARLY uAniiesng
ia decision after due elaboration, that it had the power
to give the pledge aud make payment. But the own
es Of the slaves nov informed that the Government
has doubted whether il was authorized TO take such
obligations and that no payment can be made for the
slaves thus seized and lost by the military authorities
The sufferers are left for redress 20 Congress- which will
doubtless settle these and all StAer just claims for just
compensaon for private property taken for public use
when the Greek KAleads come
Meantime, however, the present Attorney General
yes clear opinion in favor Of the claims in question,
tbough the Secretary of War does to feel bound
n. -. decision His opinion dated February sSd 1858,
is a. follows:
DEPARTMENT on J-sTIcE,
February 20, 1865.
10 N, Congress obs Confederate States Of Ameriea:
lis sbown that the negro slave Monk" was inn
,-ssed bv order Of General Magruder 70 do work on
he fort6caOns in the Peninsula, While there engaged
the negro left and the presumption Is created THAI he
went to the Yankees Il is not however made clear
tbe time this negro was taken by order Of the Gov
s-nmept there was no legal authority to take private
nroDerty for pubhc The officer who took the nc
gro therefore, committed teSDdss the rghts Of he
snSr notwithstanding such officer acted In obedience
20 orders received from the General commanding the
DeDartmenL The Government could not givs any hgSs
.tkoriv 10 seize such property IA the absence Of Con-
rssrioGl authority NONs such eriSted But the Gov
rument in such cases ought to protect its officers act
inc in obedience to ORDERS especially, when the thing
ussd was for the benefit Of the Government
The Government for the purpose OF this argument,
must be supposed have committed the respass on the
property The act shows convert Ton OF the negro ana
the Government IS responsible Tor ms sae return 70 tue
oWper Even in the Of hiring Of such property,
would be the duty Of thebaiee to return the property
At the expiration Of the Of hirhg- not returned
the only excuse which would prevent liability for The
fure 10 return would be death, unmiIed with neglect
on the part of the hiring baee. Certainly less strngency
should not be applied when the property was seized
without the consent Of the owner and placed In the
public works The owner if the was between in
dvduals might regard the original taking as CONVEX
Eion and might maintain uOver for he value of the
property thus taken. think the owner Of the negro,
Monk should not be placed in situation, be-
cause the claim IS against the Government for damage.
The Government be sued without its consent,
and for this reason ought the more readily do justice
A. IL citizens Besides this the order issued from the
Adiutant Generals Office pledges the Government to pay
for negroes so seized if they escape to the enemy,
think the claim should be allowed fifteen hundred dol
Lars 1. IL nAEs'
Attorney General.
The words we have printed in italics indicate that the
owner has his remedy by suit against the officer impress
iue and in view Of the refusal of the Government to
make payment, this is his only means of obtaining com
psusaon. Then the Government would Of course, in
dsmnifv its own officer