Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1863-11-23


United that he opinion OF he Chancellor is figh
and that an injurc;ioa YOU 70 in such case with
reference t. s,izIres rada III time Of peace, s 10
would not follow that the same you're shtuld ID fur-
sued with regard to made under the power
to declare and carry On The CONTRARY. u re
act OF Conge;s be not Absolutely void then AMY
no Injunction ought TO be grsn!ej restroin ress-
ments under it In time Of war; because, 20 Iweuld
render.the power of impressm.nt in such riga
tory and useless in most instances, II OF in ALL The
public interest Gnd tae public SAFETY which u he
prene law would require that in these tie l..
junction should be refrscd add the party be let his
remedy by application to the Legislature.
Ii IL, indeed, clear that, whatever may be the law
with reference to private property wien taken by hs
Cover men in time Of peace, impressments made in
time OF war stand upon very different footing, in
many cases at least il not in al aad it is not always
NECESSARY il i s So in the latter class Of cases.
that payne should be made at the time Of tie sez-
ue, that Law should. be passed to authorize
the imprefment
In cases Of emergency Sseems that properly may be
taken fr the o the arny a1d miuly taken, under
The general power make war, without any nent
specially directing or permitting it (dtobel HsI
meoy, IL howard, 1874; Tuckahoe Canal Go npany ~
Tu kthee Rilfoad Oomslny, IL Leigh, 49,
1t IL farcr raid, in support Of Tie molten for 10
ueioD, that the sct In question, il il intends to
.thofze the impressment the iron rails, scarp-on
and Io gsstccs OF the complainant; i5 Moor si uona
upon another ground in addition to that already stated
tha. if the said &C; does not extend etIe articles
just meDtoned then The. inpressiDg officers have ex-
Gee d. d'ther authority.
/. is maintain ed toat the ras scrap iron and roling
Oct which have been seized ard impressed by officers
of the Government fixtures. annexed the free
hold aud part OF the aod which the Dad rum;
d that the Confederate Government hes no such right
of crioot domain would author re il to take snd
hold land for public USE except in certain es spcei
fed in the Cons tuition.
"Egry t1iog in Jhe political society,"" SAYS Vat ell
ought 10 tend TO the good Of the community; and II
IL. Il, skr.-
fortunes capnotbe exeep ed. Tie Safe cannot subsist
constantly admni-ter, public FAIRS in the most ad
vantgeous pner II it has not tn power of disposng,
On occasion, Of all kinds CT good, subject to its
hority. 1t MAY eve be presumed that when the ma
ten takes possession OF country the property OF
tain things is allowed individuals only with this
reserve The right which belonged TO the sovereign.
Of sposDg in of necessity, aad fer the public
fey, OF all the wealth ntned in State, Is called
Ii, eminent main" Book chapter 90 section 244}
The right OF the Safe" says Wheaton, 30 lis pub
M property domain is dJsosts aad oyeludes that of
its suujects well ~ other nations. The national
proprietary right in respect TO those tdngs belonging
10 pri5ate Individuals bodies corporate within iIs
eiroFA limits, is absolute, far it excudes that
of other natol; but in pect TO the members Of he
State. it Is paramount oay aud forms what called the
emmett 20 BsiD that u.s. the right ID case OF necessity,
or for the public SAFETY, OF disposng Of all the prop
erty, IF egery Kind within the limits Of the Siate.'
As 20 the extent aqd precise limits of the right Of
eminent domain, ss thus defined which belongs TO the
Confidence stF 1t is not necessary nor il my rur-
pose no to inquire. t wouldpot be denied that IN
der the power of1nakng war, the Government Of the
Confederate States may take the property Of the eiti
zens OF those States to enable it TO carry on the wa;
and that IL may take for ba purpose property of auy
kind which the Constitution allows il 10 possess ddd to
hold
The rails and and rolling stock above men.
toned movable property and be admitted that
the oVsrnment OF he Confederate States cannot pcs
nd haya Z hat ia lied
And h would by follow that i. could not hold
and have title to certain movable things, which,
though artfcially naturally annexed to the law,
and, BIZ technical nls, regarded part of the SOIL
in feet but be separated from the land and
tlken aud carried away There may be good for
ao wing tie Government OF the Confederate States
to hold and permapeny occupy, and have title to- the
soil Of Safe, which cannot 10 rmovsd; but ia there
any reason why should not lake tie rolling stock eta
RAILROAD, crits serapirOn, us rails, any than
peasGtion III mean any political or constitutional
reason.
Ia there any doubt whatever that growing crops Of
corp, or wheat, clover, trees cut down, may
b, impes ed il needed for tire of armies In tie
field and II they may be taken, shy fix ures of any
kind msy no: be 80; provided they separated from
tie sol, and turned no p naty, and cGrfed away
TIE poser OF improvement, in cases lie that b. fore
Ia cour, Is rved from toe power TO axe and carry
war. The Constitution does 70; say what property
not decare that real properly even that land ITSELF
shall be Impressed. Indeed uopo here ean lie
h? dtubt that land may be LAWFULLY occupied temp:ra
rily By our arIdi for epcdmpments for entrench
ments wit oui the consent OF The owner.
That the Government of The Confederate States lave
power TO impress aud hold permanent possession Of
the land Of State ia inference drawn from the sup
posei incompabilisy Of such power With the rights
of tie States | can reason why fxtures, or
trees, growing crops may no. be TAKEN which would
nm llv nuiv IN Fn.g nIau
other Kind Of movslbie pIcpeTty..
Bat tho State of Virginia three-ffLhs Of the
stock of the Roanoke Valley Railroad Company and,
there ore, il Is said tie property o. the Company canot
be Impressed There ia, IL seems to me- much force in
this objection; but appears to be settled that when
State becomes stakeholder in private corporation the
property of the corporation remains subject TO the same
burd ems and Liabilities il the ock owned wholly
by pirate individuals.
ut il, we think" says Judge Eariha "a sound prin.
o:pe, that, when government becomes partner in
any trading company, it divess ITSELF far concerns
the ansacons OF that company OF s sovereign char
Gcer, d takes that OF private citizen. Instead OF
10 company lie privileges and prercga
tves descer ds level with those wi whom
cies ITSELF and takes the character which belongs TO its
associates and 10 the business which TO be transacted
United States nix the Planters Bank Of Georgia,
@ Whes OIL, 9O4 j Bank of Kentucky rs. Wister, Il
GERS $3.50
Auothrrgro l..kea by the complainants against Sic
tuouality of tie act Of CorgTess In question is
tat oae of ts commissioners who are 10 fix upon the
prices TO opad for impressed property by the Govern
maut, and to WON al appeal may be made from the
cision Of the Jra mention 81 in tie act, is "a be
appointed BY the GoveFnJr.of State. IL is said that
such comm Ssoner Is oficehP! the Confederate
st .tes and therefore couli be- lawfully appointed
except by the Prssiden. OF ~ Confederate Stats, BY
'snd with tic OF the Senate, ~withCu such
consent if Congress should 80 provide.
But IL controversial Ike thar in the present case be-
.L Ssaf nj Ia
be d cded anywhere except in court Of justice, and
may be referred peTs who not judges, there is
q lih sg in the constitution, or even a,y statute,
which iequires that Tie btritprs referees should
be olcsis lawfully appointed of the Confederate States,
or TO aay officers whatever
Tic referees nj hit be private Citizens like the APP
prasers m}niioned in the st section Of the act of
wa we are speaking they might be persons oil of
uhom might be appointed by The Governor Of State.
If the Governor of a State cannot. spp,igt, as he
..l..- -. L.. l.E.a L. c.al.A