The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1863-03-24

Trg FLOUR IAst 'skE,T oAsE -rsu
SOB OF JUDGE LYoNs-kx IxJu1o. IN
AwARIEo
She following img ortsnt dscis.ou was delivered
yesterday b5 Judge Lyous In .hs HuE.i1 /: Court
Of Richmond
On tbs ?th day CT March, 1861, VIM D. Iiasts
presented his bill, stating tina. he wa. tho owner
Of so barrels Of iuperErs and sx ra supe, fne
E.ur which be had purchs,ed In cc.oser Or abou,
ia, sun of 90 ooo. a.d oc which he hsd incurred
sinos coati1srab!e asrRe In drsysgs storage, &c
and that hs had been informed ths, Msj John a.
Claiborne, 80 Ing, 81 was alleged under tho orders
Of shs Secis.aryof War hsd given notice to Dun
lop. Aoueure 4 Co ia whose wa-sh ,u.s the H,ur
wAs stored thai he hsa IMPRESSED lbs ssms fer tie
oss OF the Coafedsra.e Governnens, .nd thst lhs
Government won allow HIN in psynsn: Il .
p.ies of seventeen and q aMi dollars per barre.
for tbs cupe fac. aad zine ssu and hail dolsrs
for The extra kuperdns q ,ur, bell z nearly three
thou3sud dollars less rhan ne paid FIR IT, and ne
iy twelve dollars bazrel lessthan tbs narkes psi
If ihe ,u- in Siehmoud-tha. the said Claiborne,
under ;hs alleged orders, had also impressed
large quantity CT f,ur belonging to ether psrson.
aud Il al hs private means wsse u.,esiy inadeqase
to cenpsnas.e ps;ties |. be should be lsd legally
f.spoasoe Cor :hs in prs msnts, and that aei.her
The Confederate Cows rmer: ncr the Eco etsIy Of
War lad d horiiy 10 confer upon an oEhcsr the
power 20 stizs private properly without EsI,ss
Just conpsns.sion :ae,sfjr;-snd praying an in
Junction 30 prevent ;hs removal OF tie & us Unit;
j-st .Epsn.a.ion should Re made or unhi scme
provision shocld be naeo Ioi sscer.sioiag wbe: Is
JUS. compensation for the saur.
4-t the rsq1as: Of the Di,tr.c. Attorney. . deei
soa upan the apple I.o u.s postponed, to sllcw
Ola ,orns opporu lily 10 sbe~ Cause why ths in
i1nc.ion shou nos bs grants1. M.jor Claiborne
his flsd an Ansue- to ths ii l. in which he .i.eecs
that unesr the ogd-rs o. the Contel5r.ts Govern
nsnt ha bat npfsss-c = considerable .sntity Of
snr including that elsaaas1 by isssss sazas s.so
h,ur was b levsd 10 be necssaazy ios the nss of
;he asny In tee Gell, and that tbs psics psopoGsd
% be ps'd ths.sfar VISA believed By many 10
just compensation thai hi, own fortune STss Gia-
PIE 20 aaisf5 ANY demand which Isaacs might have
rs.inai LIN, bu. tka: as he bad acted nndsr orders
-; ,hs Government, It would be bound 20 stand
between hi.a AID dsmsge AMI with lis sBsw SO
Ge has q ed an order from ths S. etaTy os Wa: TO
ihs Oommlsaary General. Gated In December. 1882
anssor.z.hg tic CenmiSsAry General to impress
flour. Ac, Gcd Ak 'ns Il iIimum price 10 he pad
Eld o.6er from the Connisssry General ux ruf t.
Jag him to 10 ess d lur Z. tie pice fxeI by The
Secretary OF WEr.
IE ths argument OF the ,ss I: has bsen ce
isndea b7 the counsel f,r the Gcvernment .ha: en-
i1june.ion opgh. lot to be awarded: lst Eeca, /,
ihs bill WAS defective ia not charging tia. Cisi
torns had imprssEed the Il ,ur; it cnIy stated ths.
Ia. petitioner was Informed" hs had done So
"a R,c ,u ths proper parties we,e MT bsfore tbs
Court; tGst IS The imp:efIm.nt wss taid to have
been Ia ,ds uxisr the orders Of the G, vsrnmeEt
tie stc s.sry Of War IS tic PRINCIPAL Executive
Officer Of iLs ~sr Department, ocsht to have been
"A ads party aeiendaaL 81 Because the snswer
alleges IL at the -four wks In pressed b7 A'j,r CIa
horne the ground th at 1t was necessary for ihs
ass Of the Amy In the nel5. spd that in ssss Of
txtstm. necessity n ficer If the Government has
right 20 take private property fer public uss, and
eaano. aa1sr such circumstances be considered 9
Nespesser but tha. the party Injured mus. look to
the GovernMen: for compensation. 4th. Thxt even
il Clsiborns had no authority to impress the ,ur
lbs petitioner hat . complete and adequate remedy
ct law. by sa,ion OF dstinre CT nsspass
The O. je .tions to tie form OF tae bill are not well
Is. sn because even + the bill were defective in
70! charging more distinctly that Clsiborns bad
lmpre ID the ,ur, tt at defect wcud be cured by
ihs answer OF the deitrd&nt. In which be rot tn!y
admits .ha. he had impressed it. bat alta mpss TO
jas,ity the set. 1t was not necessary TO make the
Secretary Of War psrty defendant. because when
tessrsl persons unite Ia commitsit srepizs the
isIured party hss the privilege of suh 6 any one,
CT all Of them. The bill does not. however charge
hat the Secretary Of Wer had auth or;zei the Inn.
fressmen. il oniy states that Claiborne alleged
that he had acted under such orders
The co enssi fer the GoverrEent have argued
Iasst earetty In fcpport OF the doctrine that
military III .er has, Ia cases Ct extreme necessity,
'ift To sszs private prepsrty for public use.
and hat suI der such ei-cuustanees, Le caDnct be
eoasidersd g trsspaeser and that tie owner OF the
property OILY lock to the Government for
eonpst salon chi- PFC position has tssn assertsd
BY many legal writer's aud received the sanction Ct
The supeme Court Of ths United States in the CASE
of III ehsli - Harmony Q3th Howard, p.-)
l do not ihink that this aesticn arises ,cn the
plssdinss In this cass, because even those writer's
who claim The eaitenss ofsueh right admit that
At cas orly be exercised where the necessity Il
Ger! for tie public serve such - viii not admit
Of DELAY and where tie action OF the civil an-
Aorty Would be tso late Ia providing the rnssns
Which the o,c .sion calls for. II is the emergency
Wat gives the right. end tie ererre,eg muss to
saowc 10 -xis, before she taking can be justiasd
lis Howard, p. Isl PaIsy, ch. 4, p s3.l Tho
ssitsncs in this esse does not shew the existence
OF auy such emergency" Int eD the ecrtrars, In
ny opinep, Il fr vts that II did nst txist. The
oder Of tie Rserstary Of War 10 tie Ooamisary
eens'ss. tu,her.x 'rs him TO Impress Eubsistenes.
&C. vas wfistsn on the Gosh Il D. csubsr. 1862,
sao doss nct appear TO have been caussd By
""! o' food fer the army, or a mail hy TO
purchase II at the markst p.ios. but BE-.
e'ts, the GovsrnUent could Eot buy at prices
.hiea *she ofheen considered reasonable "-
Iaximum prize was Z ID for al articles, snd the
o'mni issary General EpihoiEsd to impfess the
property, ~ ~ sxbitrsry vsuatjou. Ehsnsvsr ks
.aead think II tsseesaasy for tie pubfie ssryiss Il
:, no. Asserted IN tbs answer of ClsibosAs. ncr was
~ ~, pIeAnasd To Hs sreuxsGt, ths sani lent sup.
s'yof me any t0otd Ect ct tAat tine hsvs been
20 eAsssd, er that they eoul. not even hsye hssn
ka'ea., % on tbs 81 Day Of Nafeb, whae NJ 3 'us
eontroSsssy WAS inpess "a. at The market
&c Tie p'iee which private p:rs9ns wsTe pss ips
~. Let owe food: but Il va sald iha. ~ peies
AZ. voe hish for he ysn msnt - pay, anA the
sis.s ssaaned o. 4aks the psivsts psoSsety q
sgsepse hs eeaeeot ana withoat pSAes nso -
H.. - 1sy hsvs pAl1 Ter ta asA te aeeseft 4 20
- UeesA ~, an6 a1IoW Mr. = aa1n1nsof - =