A bill to be entitled An act to consolidate and amend the laws relative to impressments

[House Bill, No. 235.]

HOUSE OF REPRESENTATIVES.— November 28, 1864.—
Read first and second times, rcA^rred to a Special Committee of one
from each State, and ordered to bo printed.

(By Mr. Milks. 1

A. JBILL

To be entitled An Act to consolidate and amend the lawB relatiTe to

impressments.
1 Section 1. The Congress of the Confederate States of America

t do enact, That private property may bo taken for the public uie

3 by impressment, upon the payment of just compensation therefor,

4 under regulations to be made by the Secretary of War, and under

5 the limitations and conditions prescribed by this act.

1 Sec. 2. That before any property shall be taken by impross-

S ment, the officer empowered to make the impressment shall servo

S a notice upon the owner, his attorney, bailee, or other agent,

4 describing the prnficrty needed, tViO natTif* nf the rxi^tioc^

5 necessity, and the prirp \o nr [auj, nn'j biimi i«t8ic Tnat, m inp cvMit

6 of the refusal of the price, imprcBsment will b« made, wheM«

7 upon, it shall be the duty of the owner, hii attorney, bailee or

8 flrcnt. to communicat'' to ibo of!ir'r hi^ n<'<?pnf>in?e or roftiial of

9 lue oner maac, anj. m ca^.o c: rcu-iJ, lua re i ascertain
10 the eonapensation according to the termi of thif act.

I

1 Site. S. That, for the jigctnainment of just compensation for

2 any property impressed, except as hereinafter excepted, the
S impressing officer shall appoint one loyal and disinterested citizen

4 of the county, district or parish in \Nhich the property may be

5 at the date of the impressment, and the owner of the article

6 impressed, his attorney, bailee or other agent, shall appoint

7 another, who shall, upon oath, (which oath may be administered

8 by the impressing officer, and shall bind the appraisers to make
P a just and impartial assessment,) assess the value of the same at

10 the date of the service of notice, and the assessment so made

1 1 shall be conclusive evidence of the value of the property, unless

12 changed on appeal as hereafter provided; but should the

13 appraisers fail to agree, they may select an umpire, of like quali-

14 fications, to make the appraisement, or to act in conjunction

15 ifith them in doing so, and the ^assessment of the umpire, or of

16 the appraisers in conjunction with him, shall have the same force,

17 and be subject in the same manner to alteration or appeal, as if

18 made by the appraisers: Provided, however, That if the owner,

19 attorney, bailee or other agent, shall [neglect or refuse, within

20 three days after the notice as aforesaid, to appoint an appraiser,

21 competent and willing to act in the premises, the price offered

22 shall be held and taken as just compensation, and the property

23 shall be taken for the public use, upon the payment or tender of

24 the price offered.

I Sec. 4. Whenever any impresisment shall be made under the

S order of a commanding general in the field or other commander

3 specihed in this act, and he shall certify that the public exigency

4 will not admit a delay sufficient to establish the value by appraise-

5 ment, as above provided, it shall uc tnc duty ol inc imprcbsing

6 officer, making the impressment, to give an official certificate

7 describing the property taken, the company, battalion, regiment,

e

^ or other command for whoso use the same shall bo taken, the

^ price to be paid, and the reasons for failing to make payment, or

10 to settle the price at the time, and also the circumstances of

11 necessity that dictated the impressment, which certificate shall

12 be evidence of a claim against the Confederate States, and shall
IS be promptly paid by the disbursing officer of the command for
14 which the property was taken, or by the chief of the bureau

13 bavins charge of disbursements for similar objects.

1 c-ix. 6. That whenever the impressment of any real estate

2 shall become necessary for the manufacture or production of
S arms, munitions, or material of war, or of material to be used in*

4 aid of their production, or any material necessary to sustain or

5 support railway communications, or in any other case in which

6 this course may be preferablt, it shall be competent to tib«

7 SeervUries of War, or I^avy, or the ftppropriate chiefs of the
f^ bureaus connocted with said Departments, under their orders aftd
9 with their certificate of the existing necMiity, to prMent a petition

4

10 to the district court of the district in which the property may be,

1 1 for an order authorizing the impressment of the said property,

12 and a v?rit of possession directing the delivery of the property to

13 the oflScer charged to make the impressment, upon the execution

14 of which by the marshal of the district, a right shall accrue to

15 the owner to have jast compensation or temporary use of the
IG property, as the case may be; and it shall be the duty of the

17 court, at the time of allowing the writ of possession, to declare

18 the right of the owner to such compensation, and to appoint

19 appraisers to make an assessment of the compensation to be paid.

20 This order shall be made upon a notice to the owner, his agent,

21 or other bailee, who shall be allowed to propose appraisers, and

22 to object to any appraiser proposed, but the court shall select the

23 appraisers, according to its sound discretion and judgment.

1 Sec. 6. It shall be the duty of the appraisers, so appointed,

2 to make the appraisement under the authority and instructions

3 of the court, and to make a return to the court within a limited

4 time, which return shall be subject to exceptions, and the com-

5 pensation, proper to be made, shall be adjudicated finally by said
G court, and its judgment shall constitute a claim against the Con-
7 federate Government, to be paid as other claims under this act.

1 Sec. 7. That, whenever property of any kind shall be regu-

2 larly and legally impressed, under this act, or, after service of
S notice of impresBment, shall be secreted or removed, or the pos-

•1 session thereof shall be withheld from the impressing ofhcer, he,

5 or the chief of the bureau to which he belongs, or the corarnand-

6 lug Lieneral, or other superior officer directing the impressment,

7 shall have the liberty to apply to the judge of the district court

8 of the Confederate States tor the district in which the property

9 may be, for appropriate writ of possession, to search for and se-

10 cure the delivejy of the same, which writ shall be executed by

1 1 the marshal of the district, as in other cases of judicial process.
18 For the objects of this act, the said district courts shall always

13 be open, and the court shall cxercipe a summary jurisdiction in

14 all the matters of jurisdiction conferred by any section of Uiia,

15 act.

1 Sec. 8. That the commissioners appointed under the fifth »ec-

2 tion of tho act of March 2fith, 1863, to regulate impressmentg,
S shall continue to perform the functions prescribed in the said

4 act, and shall constitute a tribunal for the revision of all aiteM-

5 ments made under this act, when either party is dissatisfied with

6 the name, except in those cases in %hich the atgessment is m»d«

7 under the order or judgment of any diitriet court of the Coafod-
H erate States, and appeals may be taken to the laid board within
9 twenty days after the asscBfment be made, either by the owner

10 of the property, his agent or other bailee, or by the impreeeiog

11 officer, or the chief of the bureta to which be belong!, or the
It head of the Department ; but in ca»e the eppe^ ohall be Be4« by

6

15 the ofBccrs of the Government, it shall not prevent their making
1 4 payment of the claim to the extent of the price offered, without

16 prejudice to either party.

1 Sec 9. Slaves may be impressed for work upon fortifications

2 and other public works, and for the purposes mentioned in the
S act entitled '"An act to increase the efficiency of the army by the
•1 employment of free negroes and slaves in certain capacities,"

5 approved 17th February, 1864. No slave shall be impressed

6 who is under eighteen years of age or more than fifty ; nor shall

7 the slaves employed for the domestic or family service be taken ;

8 nor shall there be taken any from farms or plantations on which

0 there are fewer than five male slaves of the age specified ; nor

10 shall there be more than five per cent, of the male slaves between

1 1 the ages specified, belonging to any owner, impressed.

1 Sec. 10. The impressment of slaves shall be made under the

2 regulations of the Secretary of War, who shall consider the re-

3 sources of slave labor within the State within which their service

4 is required, and he shall endeavor to obtain the supply necessary
J by fair and equitable apportionment among the owners of such

6 property, and shall follow, as nearly as practicable, the disposi-

7 tions of any laws of the different States that may have been

8 adopted upon tho subject of such impressments, as to the rule of
3 apportionment, the mode of collection and the obligations to be

1 0 performed on the part of the Government of the Confederate States.

1 Sr.r. 11. That there shnll be exempt from impre^gment, under

2 this act. the dwelling-hoose, furniture and apparel of every
S family, the servants usually employed in the same, the necessary

4 supplies for the family, the serrants and laborers necessary to

5 carry on their agricultural, mechanical or professional employ-

6 ments : Provided, That this s})h11 not be construed to impair the

7 provisions of the act approved 1 7th February. 1864, entitled

8 '• An act to authorise the impressment of meat for the use of the

9 army under certain circumstances.'' The number of servants

10 and quantity of property to be a«!ccrtained and finnlly determined

1 1 when the iropreRsing officer and owner cannot agree, bj ap

12 praisers, under oath. t<i be appointed as provided in the first sec-
IS tion of this act.

1 Sec. 12. That if any persons shall make any impressments

i without the authority of law. or who shall not be authorised to

5 do so under orders from competent authority, or shall fail iD
4 making impressments to conform to the law and regulations of the

6 War Depnrtmcnt, or shall act with oppressive violence in making

6 the same, the person so offending, besides being subject to action

7 at the suit of ths party injured, shall be liable to prosesution in

8 tne district court of the Confederate States, and, on conrictioD,

9 shall bo liable to a 6ne of not n, >re than two thousand dollars

10 and to imprisonment for a term not exceeding three jesjv ; and

11 if an officer or soldier of the ansv. shtll. moreorer, be UaMe to

9

IS trial before a court-martial or military court, and to sncb nen-

13 tence as they, in their discretion, may inflict.

I Skc. is. That tho notice required in this act maybe served

Z by delivering a copy thereof, in writing, to the party in person ;

.0 or if he be not at his usual place of abode, by delivering such

4 copy, and giving information of its purport to his wife, or any

5 white person found there, ^vho is a member of his family, and
G above the age of sixteen years ; and if neither he nor his wife,

7 nor any such white person, be found there, by leaving such

8 copy posted at the front door of said place of abode.

1 Sf.c. 14. That all acts and parts of acts that contravene this act

2 be, and the same are hereby, repealed