The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1863-08-10
Decisions of tiis Supreme Court, OF Georgia
in the lnIpressment Case -.

Decfsion of ths Supreme Court Of Georgia
in the lmpressment Case
The Atlanta (Geofgia) papers tell OF al In
tefesting judicial decision rendered by the
Supreme Court of that State in an impregs.
meus case. Major Cummings, under ins.tuc.
tons from the Sscresaty of War, seizsd nios.
OF the sugar 10 Atlanta, Georgia, for the Use
OF the Government, allowing therefor the
sum Of seventy-Gve cents per pound, the
price fxed by the Impressmsnt Commission.
ers OF that Safe. TIE parties represented by
Cox 4 Hill refuso: 10 accept the seventy i've
cents per pound ss juat compensation, hacin9
paid Considerably .over that price for thu
sugar. They at once commenced action
agaiast Major Cummings, and by mutual
agreement between the rarties case was ~
orce made up, presenting all the points in
volged-ths object Of both parties being fair,
ly to the tes. the constitasionality aad valldi-
ty of the law. VS. qaote from tie Atlanta
tGsorgia) Con)ederacy :Hsssss @
Iswas argued before Judge Bull, Q. Cham
bers in this city, u short time ago, by the con
cent Of the parties. and Lis decision sustain.
Ing the coastitutionahty Of the law, the com.
potency Of Congress to pass such ar act, and
the equity of the schsduie Of prices fxod by
the Commissioners, has been published in cur
columns. y.
Al the time the case was argued before
Judge Bull, both, parties, by mutual consent,
msds him an arbitrator 70 cay, not officially as
Judge, but in his opinion as y citizen, look.
ing alone to equity, il the particular lot OF
tuvar In question, being of an extra quality,
was not worth more than the price liked BY
the Commissioners to be paid for the sngar--
both parties copssnting and agreeing that such
arbitration aud his award should not prejudice
the case either way, IN any Court III which 1t
might thereafter be considered Judge Bull
awarded that this iot fssugas was worth 80
cantB per pound, being tea cents more than iiie
Commissioners had fixed Us the price to be
paid for elgAr.
When the case came before the Supreme
Court, tho counsel presented this asbatrsunasit,
aud asked them 10 pass upon 1t the saz2a as
Judge Bail did, Us well rs upon the law 10
VOWED in the case
the decision thas the Supreme Court has de-
| terminsd that the schedule Of tho Commis-
sionsrs was not ''just compensation" and,
therefore, reverse the decision OF the Court
below, and that they decline 70 perform, the
ofhcs Of arbitrators, or t0Ssay what is just
com9ensation, as Judge Bn'l did. But inas
/ mucn as both parties had agreed 70 settle tho
matter in dispute, 60 Tar as this particular lot
Of sugar was concerned, by tue arbitration, as
we'll - 10 have the principle involved in the
law adiud Gated, the Supreme Court have di.
rected that just compensation be ascertasned
By trial before special jnry at the next
term Of the Supreme Court, In this county, ii,
in the III msantime, the parties do not agree upon
some price
Uwiil also be seen that the Court have 70.
fused to decide the coDstisutienalisy OF the
Law, or the competency OF Congress to pass
sush an act-though it was fairy before them.
1t. however, was not necessary to dispose Of
the case, and the Cont have eyinced q dssirs
to avoid q decision on the case before !. IL abb
solutely unavoidable.
The following is the minute Of the Supreme
Courts decision:
'.The Judgment Of the Court is rsvers q
| MON the efound that the adjustment Of the
| 1cteduis OF prices, to govern for sixty dsys,
| did not secure To the hcldsr OF the property
| seizsd BY the Government just compensation,
/ as reauired by the Constitution.
! "Tne parties In this case having, BY tEeiI
conssns taken the case ont of the courss 0i
proceedings prescribed by law, and thrown
| upon the Court the duty Of assigning Jnst CON
pensation; and this Court declining 70 take up
| on them selves the duty Of snaxiny the same.
| nevertheless. to meet the anomalOaD state OF
the case produced by this consent, II u order
/ ID and adiudgsd that unlsas the parties agree
/ upon some just compensation, or some mode
| OF asesrtaining the eame, before tbs Htet cay
OF the next Superior Court, the Jadgs. q said
/ Court censa On issus 70 Be made hy the par
ties, and fsisd before special jary Sor ths -
csstainmsat Of The sana"
1 Maj Gen. p. a. Manrv, comnandiag q No
BILE, has revoked 81 leaves Of abesaQs hoE.
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