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The Daily Dispatch: March 24, 1863., [Electronic resource], The flour impressment case — decision of Judge Lyons--an injunction awarded. (search)
use, when that discretion is, by the Constitution, vested in Congress alone? But even if Congress had passed a law authorizing impressments, it would have been compelled to provide by law come impartial tribunal for ascertaining the fair and just value of the property taken, and to make ample provision for the payment to the owner, without unreasonable delay of the compensation ascertained (Bloodgood vs Mohawk and Hudson R R. Co., 18 Wend, 9 Rogers vs Bradshaw, 20th Johnson's R p 7.5. Martin expert 13 Arkansas R p. 193; 1st Baldwin C C. R p 227. Smith's Common Con. Laws p 467-475; 8 Pickering R p 501.) According to numerous decisions, "just compensation" means an equivalent — a recompense in value or the property taken — what the article would sell for in the market, and not the price which the owner might demand or which some person or special reason, might be willing to give (1st Sedgwick on Damages, p 273; 1st Baldwin, p 338-310.) If Congress, then, in whom resides