Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1863-08-08
DECISION OF THE SUPREME COURT OF GEOR-
GIA IN TIE IMPRE5SkENT CASE

The Atlanta Georgia. papers tell Of an interesting
judicial decision rendered by the Supreme Court of that
State in impressment case. Major Cummings under
instructions from the Secretary Of War seized Of
the sugar in Atlanta Georgia for the OF the Gov
ernment-a allowing therefor the sum OF seventy five
cents per pound-the price fixed by the lmppssnent
Commissioners of that State. The parties represented
by Cox Hill refused to accept the seventy five
per pound just compensation having paid considera
be over tina! price for the sugar They at
menced action sgains. N or Cummings, and, BY mutual
agreement between the parties, at made
up presenting all the p,ints involved-the object of
both parties being fairly to test the consttutonaly
and validity of the law. We quote from the Atlanta
Georgia. Coniederacy:
1t was argued before Judge Bull at Chambers in this
city, short time ago. by the consent of parties, and
his decision sustaining the cOnsttutionaty Of the law
the competency Of Congress to pass such an act and
the equity Of the schedule of prices fixed by the COM
| missioners has been published in our columns.
At the time the case was argued before Judge Bull
both parties by mutual consent, made him srhitra
tor TO say not officially as Judge, but in his opinion
as citizen, looking alone to equity if the particular
lot Of sugar in question: being OF extra quality,
not worth tEan the price fixed by the commissioners
be paid for the sugar both parties conserving and
agreeing that such arbitration and bis award should
prejudice the either way in any court in which
might thereafter be considered Judge Bull awarded
that this lot of sugar was worth elghty-fVe cents
per pound, being ten cents more than the commits
When the case came before the Supreme Court the
counsel presented this ar0itament and asked them to
pass upon il the Judge Bull did, as we'll upon
| the law involved in the case.
It will be from the following minute OF the de-
cson that the Supreme Court has determined that the
echedue of the Commissioners not "just eompen-
saton and therefore, the decision Of the Court
below, and that they decline 10 perform the Office of
birators or to say what is just compensation, Judge
Bull did But inasmuch as both parties had agreed to
Al NL
of sugar was concerned by the arbitration as well as
to have the principle involved in the law adjudcaed
the Supreme Court have directed that just compensation
be ascertained by trial before special jury at the
next term of the Supreme Court in this county, if in
the meantime the parties do not agree upon some price,
Il will also be seen that the Court rave refused to
decide the consttuonality of the law or the compe-
teDcy of Congress TO piss such act-hough it was
fairly before them It. however not necessary to
dispose of the case add the Court have evinced de-
sire to avoid decision the before IL is abso
| lutely unavoidable.
The following is the minute of the Supreme Courts
| decision:
1.-THE Judgment Of the Court is reversed upon the
ground that the adjustment of the schedule of prices,
govern for sixty days. did not to the holder
of the property seized by the Government just compen
| sation, as required by the Constitution.
"The parties in this having, by their consent
taken the case out Of the of proceedings pre-
scribed by law, and thrown upon tie Court the duty of
assigning just compcnsaton and this court declining
to take upon themselves the duty of aixng the
nevertheless to meet the anomalous state Of the case
produced by this consent it is ordered and adudged,
that unless the parties agree upon some just compens
ton some mode of sscerainng the same, before the
first day Of the next Superior Court the Judge of said
Court cause an issue to be made by the parties and
tried before special jury for the entertainment of the
| same"
THE SIEGE OF OHARLEsToN-The Courier of Wodnes-
dav GAYS: