Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1863-11-23
FHK eONBfITURIOH-SfAfR RIGATS.
RICHMOND WHIG.
MONDAY MORNING, nov. -. 1883.
Abuse Of the Impressing PoNNr.

restraining order Of Mr.. Taylor Berry, impFsssiog
AGENT 70: Amherst c1unty (which also appeared in the
WAig of tAat dAle) that had been "served on every
farmer" ia the county notifying them that call Of the
wheat cattle potatoes peas, beans, onions corn and
four which each of them had produced. except only
so much-Ss vas needed for thefAmily Of EACH
quired for the use Of the army and that hey for
hidden TO dispose Of Ii or use it Otherwise 1t Eas
been the VOrts occupation Of the Sentinel heretofore
to defend and applaud the administration iLs sgents
and officials but the proceeding disclosed by hep pub
LEGATION Of Mr. Bsrrys order is little too "steep"
even for that Journal and il enterJ protest aud
pOstulAiOn which, coming from such quart.r, ought
not to be without effect. Either these impreAiDg
agents il concludes abusing Heir powers, OethSy
acting under instructions which are faulty aud call
for amendment Asd reform.
We have Ne pleasure of knowing Mr.. Berry, and We
do not believe that he uCud abuse his powers or act
otherwise, Ia important = matter thu, than he
was required bShs instructions. The SsaNeI furnishes
strong nferensa proof that Mr. B. is AOtirg under or
ders from RiCLmond, when 1t discOses the fact that
the mPressing OAeers in other counties pursuing
\ the same course. Il tells u that: "The cOunt0of
BuckiDghAn has had the broad placed upon it
" also. An impoesmeat similar to that which has
10, ked up the county Of Amherst locks up Buckng
ham. We hAVe-a letter from AlbehAPle which tells
" Of similar proceedings there. An agent is visit
ing the farmers and serving notices upon them for
" al their cora above their uses. he demand is
not for any specified amount, but for all" Here are
three populous and productive counties I've know Of
Others) h which precisely the system Is pursued
The inference inevitable, that the agents are acting
under instructions from the War Department or one of
its branches and that similar instructions have been
given to al the impressng agents in the State Under
the circumstance il is unnecessary to ask a. the
SRtinsl does what IL to become O non. producersf-
It Is plain enough what ia to become Of them. They
must stArVe.
But referring 10 the mater now, not for the
purpose Of fixing attention upon this appalling fact
but Simply TO raise the question Of legality and au
tnortAs to these bsdIAmite transactions. Impress
mentI are authorized BY the Act of March 26th 1863
Whenever "the eIgsncies Of any army in the field are
such 70 make them absolutely accessory" and then
the oicer inpressDg is required give a certificate
that the property impressed ais essential for the use Of
the army, could not Be Othsrsiss procured ami was
taken through absolute necessity" dissection of the
Act it is provided, in addition: "That whenever the
Secretary Of War shall be of opinion that it is heces-
"IAry to take private property for public USE by
"'of The imPrSetieabiLity Of procuring tie same BY
purchase to accumr late necessary supplies for
the army, o. the good Of the service in any locality,
he may, by general order, through the proper sub
ordinate officers authorize such property to be taken
!" for the public use." Here then, ia the whole au-
thority for mpressmsnt, and these the only crcum-
stances under which il may be lawfully rssofted TO- and
this the only extent to which it may be carried. For
army in the field it must be certified that the prop
erty impressed essential for the use of the army
cannot be otherwise procured and is taken through alb
SOuts necessity" For the purpose of Accommodating
necessary supplies for the army the Secretary of War
may by general order, authorize impressments to be
anade-bus only when such procedure is rendered ne
cessary" By FsGsOH Of the Prqetiea5ihtyo procuring
supplies By purchase.
Now il Is perfectly clear that unless the farmers Of
Amherst AlbemArle and Buckingham hare refused to
sell their produce to the Government this resort to i'm
pressmsnt is arbitrary assumption and e1escise of
power, directly aud A4grSnhy VolatiVe of law. And
this whether it DO act of the agents the instructions of
the ComnsJary Qlartermaser General or the order
of the Secretary Of War; Has there been any such
fusal the part of the farmers Of these counties We
undertake, from knowledge of their patriotism and
hberalty aVouch that there has not been. We are
perfectly convinced that they have not been called
to SELL and that the notice Of iwprsssment the first
official inInaLion they had If the wants of the Gov
erument-a notice Whch't was not lawful to give, and
which is IL fact, nulity until they have been re-
quesed to sell and have refused. We make these as
serSes without pressing the matter further at present
1.ofso IL. -
Ae attention Of Congress when it meeE.
But there is another point embraced in the SsnneFs
article which cannot be passed over. In answering is
own query, Of what is to become Of nOa-prOducers,
when everything in the hands Of producers is seized it
says: 1--WE learn, however, that the agents when APP
Tiied to- Nll so far loosen their grip as to allow
these non-producers Of food to be supplied in such
81 limited quantities the agents nay approve" We
have shown that the Law allows to be impressed only
what is absolutely necessary" to meet the e1igenCes
of an sr in the field, what is necessary" in the
opinion Of the Secretary of War; "tO accumulate neces
sary supplies for the army" Rmore than this impressed
the Law is violated. II only what Is 'neces-
sAr for the army is impressed, and any portion of It
diverted to another use still the law Is violated. In
either case there s clear and papabe and gross in
traction OF the osatule Vi AmPFeasmoht. AHeIo 10 ~
getting over this under it, or around it The Law is
violated What is the oonsequsnCef The last section
Of the Act declares: That any commissioned (he Com.
missary or QuArtsrmHster General, for eIample) or
non-commisssioned officer private who shall VIC
late the provisions of this ac shall DO tried before
military court Of the corps TO which be Is attached
on Com plant made by the owner or other person,
and on conviction If officer, he shall be cashiered
and put into the ranks as private; and II non
commissioned officer private, he shall suffer such
punshmsutnO Inconsistent with military law, as the
" court may direct"
remains 80 be whether thS clause OF the act
Is to be more faithfully enforced than those which We
have shOwn are little observed by the War Depart
ment or It's saboniinAtes.
Yankee Finances