Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1863-03-25
THE SYSTEM OF 1MHREssMHrT.
o gn RErs, Jan %, 1sss
Hon. JAMES, "A. ss1sos, R


Secretary ofWar:
: Ma SEcRETARY:-sfhe repeated seizures d &fsate d
property in my districe under orders from your de-
partment, against the will of the owners, and at
PRICES fixed without consulting thent and without
regard to market rates, must be my just6cationfor
M lbefeys Ills universally conceded that there ID
no 1egat right to make such seizures al ALL and that
the practice has no other sanction than that Of ply
scskfoFes the use of which is claimed to be just
fed by necessity. trust that the present session
Of Congress will not pass without removing this re-
preach TO eur legislation and that far as the i'm
pressment of private property may be really ne
eessary, i viii be authorised by law, usder such
restrictions as may be just alike to the government
and to the citizens fa
Waving for the present all questions az 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.
Il will hardly be controvefted 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 cannot 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 owh
The agent, acting under the orders Of the govern
ment, is fairly entitled to indemnity but that in
covery, 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
she damages to be recovered in an action against
. :.he agent
What, then, is the measure Of damages ip such
cases - 49,
Lit is fair to gveto one acting under the orders
Of his government tue tene6t of the principle, that
If his conduct hass been free from special outrago
he ought not to be subjected to yndfctivc or exsn
emplary damages. SedgwicEs Measure Dam., D. 532
2. The general rule is, that whatever the form Of
the sction, whether trover trespass de 6onis as
portatas, the measure of damages is the Same, VIZ
"the value Of the property With interest Ibid, p
$50.
.. 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 or by transportation
to its legitimate market-Ibid, PIP. $50, 53s.
1t would seem that the property IS offlucti,-
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 moment
about paying the judgment with all costs and ex.
,penses Why, then, hesitate to adopt at opce and
to practice upOn the rule of valuation thus ,estab-
| lishcd?
| submit very respectfully, that trne economy, as
we'll as sound policy, would DO promoted by such a
! course.
Thepresent practice is getting very wide spread
and bitter dissatisfaction. The seizure ITSELF under
the best management is very Sstas:efn 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
l. 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 DC honestly
carried out instead of postpouing until becomes
a trade to deal in false claims against the govern.
ment, growing out of such transactions.
ask, very respectfully, that tho opinion of the
Attorney General may be taken on this subject and
if he concnrs in the views have presented hope
it will be the pleasure Of the government to conform
| its action to what must sooner or later be the re-
cognized rule in all such cases.
Respectfully, your ob't serv't,
+ JOHN B. BALDWIN.