Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1863-03-20
THE SYSTEM OF IxpREssNENT.
u OF hEFs', jun 20, l0O0'
Hon. JAMES A. SKDpoN,

,' Secretary OF War:
Mr.. Secretary The repeated seizures Of private
property in my DISTRICT under orders from your depart
men against the II of the owners, aud at prices fixed
without committing them and without regard to market
Rites must b. my justf ion for asking your attencn
to the following suggestions:
believe II IL universally conceded that there is no le
gal right to make such seizures all and that the pac
ice mas no 9,her sanction than THAT of physical force
the use of which is claimed tGsbe justified by necessity
trust that the present ion Of Congress will not mass
without removing this reproch TO legislation and
that so far as the mpressment Of private properly NAV
be really necessary t will be authorized by law nnder
such restrictions may be just alike to the Government
| AnI to the citizen.
Waving for the present all question M 10 the neees
sity the policy OF such Seizures desire to call your
attention the questions oil right and oil policy nvolv-
in the measure of compensation 10 be made for pro-
| perty thus taken.
/. will hardly be controverted that the agent who
makes the seizure Of private property is indiy duay
liable to the action of the owner for damages and that
he cannot bar the recovery ty pleading the command OF
his SUPERIOR for the simple that the right of the
superior is mo better than his own. The agent acting
under the orders Of the Government fairly entitled to
indemnity; but that indemnity must be gwen, not by
preventing the recovery but by paying the damages
So that last the right Of the owner and the liability OF
the Government measured by the rules governing
the damages 70 be recovered in an action against the
agent.
What then, is the measure of damages in such
| cases?
l. 1t j. fair TO give to one acting under the orders Of
his Government the benefit Of the principle that if his
conduct has been free from special outrage he ought
not TO besubjected to vndiciye exemplary damages.
-SedgcicPs Measure Dam, p. 532.
g The general rule is that whatever the form OF the
aciioh whether trespass de bonis dsportas,
the Of damages is the same, viz: the value of
the ploperty with interest"-Ibid, p $50.
g. The value be allowed Is the fair market value at
the time of sezur the prio It would then bring the
place of seizure by transportation its legitimate
market-Ibid, PIP. 800, $685.
L. 1t would seem that if the property is of uctuating
value the is entitled to the highest market be-
fore the recovery.-Ibid, p. 47S.
The references given establish the points stated be
yond controversy.
Suppose such damages to he recovered against its
agent-could the Government hesitate moment about
paving the Judgment with all costs aud expenses -
Why heu hesitate to adopt, at once, and to practice
upon the rule Of valuation thus established?
submit very respectfully, that true economy, well
| as sound policy would be promoted by such a
| The present practice is exciting very widespread
and bitter dissatisfaction. The seizure ITSELF under the
best management is very disastefu to the people, but
when it accompanied by what they feel to be reG-
sa of Just compensation, it renders the policy of the
Government and ultimately the Government ITSELF
| hateful.
Sooner or later the mode of compensation suggested
will be adopted and suggest very earnestly, that it be
| adoped'now while it can be honestly carried out, IN
stead of postponng it until it becomes trade to dea
in false claims against the Government growing out OF
| such transactions.
ask very respectfully that the opinion Of the Attor-
ney General may be taken this subject and il he
coucurs in the views have presented hope it will be
1.-THE pleasure of the Government to conform its action TO
what must sooner later be the recognized rule in all
| such cases.
Respectfully, your obi Serv't
john B. BALDWIN.