Secrets of the Late Rebellion, Now Revealed for the First TimeFreese, Jacob R.
History
Secrets of the Late Rebellion, Now Revealed for the First Time
Freese, Jacob R.
United States -- Politics and government -- 1861-1865
"Kent in his _Commentaries_ lays down the same principles, and both he
and Bouvier cite a large number of decisions, both English and American
cases, to prove the correctness of the doctrine. Indeed, the principle
has been so universally adopted, that it would be difficult to find a
court, in this or any other civilized country, that would not enforce
it, in every case where the question of abandoned property was brought
before them.
"This is the first attempt, so far as the court knows, to take a piano
from any one of the many abandoned houses in this city and vicinity;
but frequent attempts have been made to take smaller and less valuable
articles; and, in every instance, where it has come to the knowledge of
the court, the person making the attempt has been required to return the
article to the place where found. Nor can the court make any exception
to the rule in this case. If, from the law and reasons stated by the
court, the doctor and the colonel have become satisfied that they
committed an error in the taking of the piano, and will, without delay,
return it to the exact place where they found it, and promise to protect
it from removal or damage hereafter, or so long, at least, as they
continue to occupy the house for their headquarters, then no further
steps need be taken in this case. If they are not so convinced, and
decline to make any such promise, then the duty of the court will be to
order them both in arrest, and that the piano be taken in charge by the
Provost-Marshal, to await the further orders of the court."
The doctor immediately arose and said he "desired to extend his most
hearty thanks to the court for the many courtesies which had been
extended towards him, and to add, that the reasonings of the court had
entirely satisfied him of his error; that he would, without one moment
of unnecessary delay, have the piano returned to the house from whence
taken; and that from thenceforth, and so long as he remained in the
army, he would use whatever influence he possessed towards preventing
the taking of abandoned property for individual purposes."
Public-domain text, read in full here on John Shaqi.
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