Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1863-03-27
The System or Impressment.
H. OF RIPS, jan. %, 1868.
Hon. JAMES A. SEDDoN,


AAO1s' = AM hS "a obODON,
Secretary Of War:
Mr.. Secretary repeated seizures
Of private property in my district, under or
ders from your department., 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 sug-
gestions:
| believe it is universally conceded that
there is no legal right to make such seiz-
ures at all. and that the practice has 40
other sanction than that Of physical force,
the use of which is claimed to be justified by
necessity. | trust that the present session
Of Congress will not pass without removing
this reproach to our Legislation, and that so
far as the impressment Of private property
may be really necessary, it will be author
lied by law, under such restrictions as may
be just alike to the Government aud to the
citizen.
Waving for the present all question as
to the necessity or the policy Of such seiz-
uees. desire to call your attention to the
questions Of right and Of policy involved il
the measure of compensation to be made fol
property thus taken.
1t will hardly be controversial that the
agent who makes the seizure Of private
property, is individually liable to the action
Of the owner for damages and that he cam
not bar the recovery by pleading the com
maad 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 Government, is fairly entitled
to indemnify; but that indemnity must be
given. not by p evening the recovery, but
by paying the damages So that at last the
right of the owner aud the liability Of the
Govcrumcnt are measured by the rules gov
erning the damages to be recovered in au
action against the agent.
What. then, is the measure Of damages in
such cases
l. It is fsir 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
be subjected to viadetiye OF exemplary
damages. = Scaywick's Measure Dam, p.
$50.
. 2. The general rule is, that whatever the
form Of the action, whether troyer or tres
pass dc bonis asportatis. the measure o.
damages is the same, viz: 1.-The value O
the property with interest ibid, p. $50
8. The value to be allowed is the fail
market value at the time of seizure, the
price it would then bring at the place Of
seizure. or by transportation to its tegiti
mate market. Ibid, PIP $50, 5S5.
4, 1t would seem that If tho property is
of fuctuating value, the owner is entitled to
the highest market before the recovery
Ibid, p. 478
The references given establish the points
stated beyond controversy.
Suppose such damages to be recovered
against its agent-ccuid the Goveramen,
hesitate moment about paying the jndg.
ment, with all costs and expenses? Why
then, hesitate to adopt, at once, and to
practice upon, the rule Of valuation thus es.
tablished
| submit, very respectfully, that true
economy. as we'll as sound policy, would be
promoted BY such course.
The present practice is exciting very
widespread and bitter dissatisfaction. The
seizure itself, under the best management.
is very distasteful to the people, but when
it is accompanied by what they feel to be a
refusal Of just compensation. it renders the
policy Of the Government, and ultimately
the Government itself, hateful.
Sooner or later the mode Of compensa-
ton suggested will be adopted, and sug-
gest, very earnestly. that it be adopted
now. while it eau be honestly carried ont,
instead Of postponing it until it becomes a
trade to deal in false claims against the
Government, growing out Of such transac-
tions.
I ask, very respectfully, that the opinion
of the Attorney General may be taken on
this subject, aud if be concurs in the views
| have presented, hope it will be the pleas
ure OF the Government to conform its &C
ton to what must sooner or later be the
recognized rule in al. such cases.
Respectfully.
Your obedient serv't.
JOHN B. BALDWIN.