Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1863-03-24
THE SYSTEM OF IMPREssMENT.
Fl. OF REPS, Jan. %, 1868.


Hon. JAMES A. Seldom, -
Secretary of War:
Mr. SEcRETARY:-The repeated seizures of private
property in my district under orders from your de-
partment against the will of the owners, and at
prices fixed without consulting them, and without
regard to market rates. must be my justification for
asking your attention to the following suggestions
| believe it is universally conceded that there is
no legal right to make such seizures at ALL and that
the practice has no other sanction than that OF ply
sicsl force the of which is claimed to be justi-
fed by necessity. trust that the present session
of Congress will not pass without removing this re-
proach to legislation and that so far as the I'M
presSment Of private property may be really ne
cessary it y i'll be authorised by law, under such
restrictions may be just alike to the government
and to the citizens.
Waving for the present all questions as to the
necessity or the policy Of such seizures, desire to
call your attention to the questions OF right and
of policy involved in the measure of compensation
to be made for property thus taken.
| will hardly be contrOverted that the agent who
makes the seizure Of private property is individual
ly liable to the action of the owner for damages;
and that he bar the recovery by pleading the
command Of his superior, for the simple reason that
the right of the superior is no better than his own
The agent acting under the orders of the govern
ment is fairly entitled to indemnify but that in
demnity must be gwen, not by preventing the re-
coyery, but b" paying the damages. So that at
last the right OF the owner and the liability of the
government are measured by the rules governing
the damages to be recovered in an action against
the agent
What, then, is the measure of damages in such
cases?
l. 1t is fair to give to one acting under the orders
of his government the enefit OF the principle that
if his conduct has been free from special outrage,
he ought not to be subjected to vindictve or eXem-
emplary damages SedgwicPs Measure Daaa., p. 532.
3 The general rule is, that whatever the form of
the lotion, whether trover or treSpass de bORis u.s.
P0rtdtES, the measure of damages Is the same
1.-The value of the property with interest"-I6h, p.
$780,
3. The value to be allowed is the fair market
value at the time of seizure the price it would then
bring at the place of seizure. by transportation
to its Legitimate market-IGid, PIP. $50, 535.
4. 1t would seem that If the property is ofhuctu-
ating value, the owner Is entitled to the highest
market before the recovery.-I6id p 47S.
The references given establish the points stated
beyond controversy.
Suppose such damages to be recovered against
its agent-could the government hesitate a moment
about paying the judgment with all costs and ex-
penses! Why, then, hesitate to adopt, at once and
to practice upon, the rule of valuation thus estab.
lished?
submit, very respectfully, that true economy, as
we'll as sound policy, would be promoted by such
course.
The present practice is exciting very wide spread
and bitter dissatisfaction. The seizure ITSELF under
the best management is very distas;efuI to the peo-
pie, but when it is accompanied by what they feel
TO he refusal OF just compensation, it renders the
policy Of the government and Ultimately the gov
eminent ITSELF hateful.
Sooner or later the mode of compensation sug-
gested will be adopted and suggest, very earnest
ly that it be adopted now while it can be honestly
carried out instead of postpOnng it until it becomes
trade to deal in false claims against the govern
mcnt growing out of such TRANSACTIONS
ask, very respectfully, that the opinion of the
Attorney General may be taken this subject, and
/ If he concurs in the views have presented hope
it will be the pleasure Of the government to conform
its action to what must or later be the re-
cognized rule in all such cases.
Respectfully, your obi serv't,
JOHN B. BALDWIN