Santa Fe gazette. [volume] (Santa Fe, N.M.) 1859-1864, 1864-04-09

AZ essential to Repubilc as to the most
absolute despotsm 1t is ofthe very es.
1eRce Of sovereignty, aud without 1t q
State could not perform its first and high
est dutyTiti own preservation Vital as Ia
this high prerogatiro Of States il must be
exercised in. subordination to TIN. clear
principles Of justice and right Whenever
from necsssIiyor poIcyo State app PIRATES.
to public nrv the private property Of an
individual It Is Obliged by a law as imper .
tive as thai IN virtue Of which It makes tha
appropriation, to give to the party aggrer
ed rodyes5 commensurate with tho Injury
he hassustained. Upon any other principle
the social compact would work mischisfand
wrong, The Stale wonlA have the right to
impoYcrish the citztns il w4s established
70 protect; to tranph on these rights oil
property, security for which was ono Of the
great objects Of It's creation,
Every elementary writer Of authority
sustans theviewS here taken Of the duty
and obligation Of States
"When q sovereign disposos Of the pos
sessions Of community or an individual,
the alienation will te valid. Bat Justice
requires that thiS community or this indi.
yidua be indemniied at tae public Charge
- NtisI ll2
"ls the State bound 10 indemnify indiyi-
duals for the damages they have sustained
in war? We may learn from Grotius that
authors are divided on this question The
damages under consideration are TO be dis
tingush into two kinds---thosc done by Tie
State itself, oribe sovereign, and those
done by the enemy OF the first kind
some are done deliberately and BY way Of
prccanton, IS when field, house, gay.
den bcIongngl to a private person, is taken
for tbe purpose Of erecting on the spot y
town, rampant, or any other piece Of forli.
Gcati5n--or where his standing corn or h;s
store houses are destroyed to prevent their
b ing OF use to The enemy, Such damages
are to be made good to the inlirilml, VITO
shouId Jear only his quota oi tho icsg.'-
Ftt%' 3V5'
w e lnu'I observe th's; ihat tna KING
may IN two ways deprive his so.sec,s Of
their ngnt eiIher BY way Of punishment Oh
r by virtue Of bis eminent power. But If hC
do 50 in Che last way it must be for somt
: public advantage, and then the subec
, ought to receive u possible, just salts
faction tof the loss le snitcrs, out Of th'
common stock "~-dfo''"s b, =, Oh. Il, sec
Z,
{ "Ehe state has an emIaent TlguS OF pro
perry ots' ~ 'ho soouI " ,uo .uol1e' ~ .pa
'lly .''a'e VI .t t'ss' ''I' ,.l. ''ins ~ "''
ii"No i ~ I'LL. " s0a', ..'u wv eVa''oJ eN'
I'.o''I'v 49, wv , w. Gt ,'i., ''iT ~ "1l ~.
J. 'lvy, D4t ~, ~ ''.t ''y o,st s,i,' i ~ Wy
T. VIZ nus ~, ''su 'u'' Wv 80 .,'aYO 10 ~ oD''sgG y
+ reP1'' 'io @ un.i ua '1i,Ii'' III nv supJ''
T,;"n NJ ti"v hi tio 81 St.to ~ Eo oLs,oJ r.a,
tg.''Ti o.Ii' '''t I n,a c ~ , 1Ya','s' 49,.
'n9 % ooi' a''oH' '"oa Luz ,p' '''o p'e9ons u.
ANY " aas'' ~ liz "nv"v,vi lii J'v ssa'
+ Is ~ ea,"'' s,'s 81 $3.50, 'uI4 oJ' ''.J u
s sd"'' sn i0s0"'0 10 '''O'' 0'0''"0' 40 u
d ", Seo :, 49,. H., a.
t. luc au'i'O' '''9s O'''1 ''G l''''' 'u' e''
e pg1.,o' -aJ Ho au5,o''.J s.1'y WHY ,
N u lO'Ii t'oi.''J @ "lo' p"'.'y guy ""''''i w
y ID" II Ia ''g 'g'.,l W VI ".''''''s o "a VI
d SeV,'e1 Wy iu..,''A'D.' s1 ~" %. ol'''''"
1t a"o ''''''4eT lt''g'' y'4s go'ti''".9 "
- oou'I y '9nG Ju.s ] ,,,"9,.iu,Iy Z - .1s V,'.4'
.e o' SuOlsv% g "nVTgtS' I1; ,l P'''s'o p'gpolly
d '"Hen lVI 'Ac PUo'0 soOu' ''l' sH'G"Cc'
~ safety
o. The Limitation imposed on the Cover
At ment Of the United States, in The exerct
q of its right Of eminaat domain by tue ili
ot article oI the amendments Of tie Goustit
y ton, ID solemn recognition Of tlssettI,
and fundamental law Of States and olnl
e, the Government to the observance OF Il
ii principles OF justice and night, IN lts dci
IN ings with the citizen, with the force
he organic law, In this article it is doclar
to that private property shall not be TAX,
at lorpublic use without just compensation
le Was the property for which compen'
I'd ton is now claimed taken in virtue Of t
ne right of eminent domatat or was IL an G
lis erCise Of right, under to law OF oyerrull