Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1863-02-06

coxprnoL1rp,s Orrrcr. Jan. q, 1863

CoMPrRoLLER's OFFICE, Jan. ~, 1858.
Hon. JAS. A. SELDOM, Secretary Of war,
SIR:-I respectfully beg leave TO enclose you copy
Of certain rules adopted BY the Comptroller for the SET
Element Of Claims for property taken and used sup
plies for the troops by order of commanding ohcef.
As the right TO take and use these supplies has been
questioned beg leave to submit my reasons for admit
ting the right and thereupon adopting the enclosed
rnles lstVI have always regarded this right Asnherent
in all Governments in time Of War, ("ex necesstate
be0 when necessary to save the troops from suffering
or starving and enable the Government TO prosecute
the War 2d-As the exercise Of the sovereign right
of declaring and waging war is, by the Constnuaon'
expressly delegated Tor loaned) 10 the general Govern
men by the sovereign States, its necessary attribute
above stated il of course granted with the power.
Sd-Tbat clause of the Constitution which declares
that private property shall not be taken for public use
without Just compensation appears to me TO confer the
power by clear implication as this clause must be re-
rarded lin order to have any practical meaning or ef-
fectl as negative pregnant'-It does not simply
declare that no private property shall be taken forpubc
use but annexes the condition that when so taken just
compensation shall he made. From my recollection oil
the debates of the Convention appears to me that the
adoption of this clause urged not only upon grounds
of equity and Justice but for the purpose OF preventing
the repetition of mpressments which had been made in
the Army without compensation; in this view OF the
case il seems that reasonable construction oil the
clause would allow Of the suppOstiOn that the word
hereafter might be considered understood, 80 a. to
read thereafter private property shall not be taken Tor
PUBLIC use without Just compensation 4th-But clear
as it is to my mind that the power exists under the
above general principles, yet are not left to nero
nplcaon and construction, for there were two Acts
Of the L. s. Congress- clearly recognizing this power
the first was passed in 1912 now considered obsoete
the second was approved 30 March, 1919, providing
that private property coming into the military service OF
the T. S either by presS0ent or contract should be
paid for according to its value at the time OF coming
into such service.
5h-In addition these views and authorities before
adopting the enclosed rules | requested the. Quarter
Master General to address letter to the Hon. j. p
Benjamin thsn Secretary of War; to obtain his opinion
and sanction for the allowance OF such claims, aud Mr.
Benjamin expressly recognized the right and approved
the allowance of the claims | therefore considered II
proper to adopt rules for regulating the allowance
of such claims for private property taken for supplies
BY order of a commanding officer rather than TO leave
the taking OF such property TO the unbridled isense OF
the sodery for is an inevitable consequence of the
camping of soldiery upon farm that all the fencing
used for necessary fuel and every spear of grain and
blade of grass consumed by the horses as necessary
forage.
Very respectly your Obedent servt,
LEWIS CRUGER.
Comptroller.