Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1863-11-23
Fhe 0pIaon |. one d peeaIar n.ete.t to DO Ehols


n this case the bill states that the compliments are
company, INCORPORATED under the name Of the
Roanoke Valley Railroad Oompiny, and that the roll
ing stock iron rails and scrsp-iron of the company
hare been imp esse3 by the defendants acting under
the orders of the Engineer Bureau; and an & junction
IA prayed to restrain them om removing The rails and
scrap-ron until the pce OF S270 per ton
i of $40 pounds for the former, and ten cents per
bound for the latter be paid or secured to be paid or
until the came can be appraised in such manner a. this
court shall director such ether and further relief "a
| to the court may seem just and equitable"
In support Of the motion for an Injunction, II is
maipairsd by the compliments first, that the act Of
Congress Of t1e 26th of Aarc1 1863 entitled an "Act
to regulate imp essmenLs" is Unconstitutional, and
therefore absolutely null aud void and secondly, thas
the proceedings OF the impresng officers are not au-
| thorized by the ace IT IL be valid.
The Constitution of The Confederate States declares,
IN tho exact words Of the Constitution Of the Stned
States that private property shall not be taken fer pub
lie uss without just compensation aud 1t IS SAID Dy
the compauants that the question OF just compCnsa-
too ia judicial udtstion and cannot be lawfully de-
cided in this case except by court OF justice, without
| their consent
IL is certain that question Of this sort is that
might be submitted if IL deemed proper. by Goa
grSss 10 do 30, TO judicial court; but does not
therefore follow that it must OF ieDssity, b. sub
| mitted and cannot be decided in any other waY.
The FIRST section of the thigd'arele o. the CJnstitu
ton OF the Confederate States declares, il the precise
words of the Constitution Of the United States, eIcep
that the Words Confederate States substituted for
the wo, ds "Uuited Saes," that lbe edeia pOrer of
the Confederate Sa'es shall be vested M oe supreme
court and in such inferior courts as the Congress may
! from time time, ofdan aud establish The judges
both of the supreme aud 1nerios courts shall hold tne
Offices during good behavior, 'and shall, at stated mee
receive for their services compensa;ioa whcs s. all
not be diminished during their continuance in tice
The second section o. the esartclg provides that
the judicial power shell extend to all cases arising
under this Constitution, the laws Of the confederate
States ard treaties made Or which shall be made
der their authority 10 dH affecting ambassidorl
other public ministers and c,rsuls to all cases of ad
miraty and maritime Jurisdiction to controversies TO
Which the Confederate es shall be party TO con
troUsrses between two ormore Stacs; between State
and ctz Of another State whers the Stale is plaintiff
between cit ems claiming lands under grsnts'of elf Il
eut States. anG between State, or cit zen thereof
and foreign States citizers subjects; out no State
'ha be sued by citizen or subject Of any foreign
State"
IL does no. follow however thai. because the judicial
power extends to tie and controversies tuer3in
mentioned Congress- though it doubtless may be So is
absolutely required q gve to the courts OF tn Con
fedeIaoy jurisdiction over all such aud cohirO
yersies or that they caneve institution !y, be ad
listed in any other way.
TIE second SECTION Of the third article of lie Const
tuition of ds United States provides, among other
things that the Judicial poWer shall extend ito eoatro
verses to which the United States shall be Iarty and
to controversies betweeO citizens of different States;
yet the courts of the United States have not now, and
never lave had at any time jurisdiction over cases at
law or in edtity where the matter in dispAe does net
exceed in value five hundred dollars In aHcases in
yoving smaller value the STATE ccu;ts have uIsdiC
ton Thus there is very considerable portion Of The
iud ca po,er of the United States which nev has been
vested IN the of those States and the tenth
ton OF the judiciary act pissed hcCor gress Of the
CAedeTale States the sixteenth day of Msscb 1862
provides that tho district courts shall have ussdic
tion concurrent with tie CT the several Saes
of all civil suits at common law in equity, where the
matter in dispute exclusive of Costs exceeds the value
of FIVE thousand dollars and here he character of the
parties is Such as by the Constitution TO authorize said
courts to ente' tain Jurisdiction"
In reference TO controversies between the Cuited'
States and individuals suits may in all cases be brought
by the United States TO recover amounts do them by
their officers and Others but 40 occurs 10 me in
which person having claim demand against the
United States is permitted by law to sue the Govern
ment In such case the claim IL submitted usually,
not to the courts the judges, bui 10 ar accounting
officer who decides upon the amount due and the Su
preme Court Of the United States has repeatedly decided
that the accounting officer does not exercise in such
cases that soft Of judicial power which the Constitution
declares shall be vested in the courts of tho United
States.
In thee Sc OF &rrays lessees Us. the Hoboken Land
and Improvement Company, in lSah Howard ESQ the
Supreme Court say 'ha the auditing Of the accounts
of receiver OF public moneya may be, in an enlarged
sense judicial act must be admitted So are ell those
administrative duties, the performance of VIII chinvolves
an enquiry into the e1siepce Of facts and the apca
ton to them of rules of Law.
"In this sense the act of the President 10 calling out
the militia under the act Of 1895 ia Wheaton ls); or
of q commissioner who makes certificate for the
tradition of criminal under treaty, il ia .icial Bat
it is not sufficient to bring SUCH matters under the in
dicia power that they involve the exercise of judg
ment upon law and feet. Omitted S,ates VS.. Ferea,
l3 Howard, 40) IL is necessary TO go further and
show, not only that the adjustment Of the balances
due from accounting oicers may BE- hu. from their ma
lures must be- conrOversies.to which the United Sta
is party within the meaning Of the second section OF
the third article Of the Constitutions.
1--WE do not doubt the power Ct Congress 10 provide
by law that such question shah form tho sub mat
ter OF suit in which the judicial power can be exert
ell. The &C. of 1920 makes such provision for re
viewing the decision of the accounting officers Of the
treasury. Bat until rcve we'd it il final aud binding
and the question's whether its s4bjec. il
cessarly and cth0 regard TO the consent Of Congress
judicial controversy! aud &c are of opinion thai IL is
mott
In the case Of the Uni:ei States u.s. Ferree, above
referred to- Chief Justice Taney in delivering the opn
ion Of the court, the following words "The law
OF 1928 therefore, not the stpulatons OF the trea
IT, furnishes the role Tor the proceeding o. tie terrific
rial judges and determines their character. And it is
manifest that this POWER decide upon the validity Of
function TO be exercised in court q justice. For
there is be suit plrtio5 Ia the legal accepta
ton OF the term, TO be made process 10 issue
and is authorized to appear on behalf OF q
United States to summon wi nesses n the case. The
proceeding sogether erpdrts and all shat the judge
Is uTed to do reef, the claim when the party
presents it, and to a9 upon such egdsnce as he may
have before him, may be himself aJte to obtain. Bu.
mel her tb evidence his award 10 he fled in the
court 10 which he presiies recorded there but h
Is required to transmit both the decision aud the evil
dsnce upon which be dec ded to the Secretary OF the
Treasury and the CLAIM is TO be paid the SscieaIy
thin just and equitable but not otherwise It is 10
be DEL from the Uged Safes upop the dec sion of
the Secretary, but not upon hit Of tde judge.
at e too, evident for argument on TIE fuhfct that
lch tribunal is not judicial one, and that Inc az Of
Congress did not intend to make one The authority
confsr ed on the respective judges hing than
that Of commissioner 10 .scJust certain claims asans.
toe United atcs; ana the offices O Judges and Their
hspecve jurisdictions referred in the Law y
as designation Of the persons to whom the author ty