Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-02-20

} shackles of despotism which they are alleged "a
have left behind them in Europe, they have left
also that most valuable attribute Of humanity
which is called common sense.
THE OeNFEDERAPE CoNGREsa.
SENATE.
MONDAY. February 9. 1868
The Senate met at u NJ Mr.. Orr, Of South
Carolins, in the chair
JUDICIARY.
Mr. Hill. of Georgia, introduced a bill to
amend the 10th section of an act to establish
the judiciary # the Confederacy, approved
March Is 1864
Referred to the Judiciary COMMITTEES.
EXCHANGE OF BONDS BETWEEN THE CoNPsD-
ERATE STATES GOVERNMENT AND THE sEY-
ERAL STATES
Mr. BarnTell, Of South Carolina, from the
COMMITTEES of Finance. reported back the joint
resolutions for an exchange of bonds between
the Confederate Government aud the several
States, with the recommendation that it do not
/ pass
On motion of Mr.. Phelan the resolutions were
1 laid on the table.
FURLoUGHs FOR WOUNDED OFFICERS AND
SOLDIERS
Mr. Sparrow, from the Military committee re-
ported back the bill granting furoughs to
wounded officers and soldiers with the recon
mendatien that it do not pass. The bill was laid
on the table.
HdPREssMENTs.
sMr. Haynes, from tho judiciary committee,
reported back several senate bills on the subject
of impressments, with the following as a sab
sstute for them al aud sevsrslly:
81 to Negotste the Taking Of Private Property for
Pubic Pubic Use and the Asse sment Of Compensation
Sec-isn l The Congress of the Confederate
States of America do enset, That when By due
diligence private property essential for the usa
of the army Of the Confederate States cannot BE-
procured or purchased by the persons hereafter
named, IN cases of absolute necessity, it may be
taken in the following manner:
Sec. 2 That such property shall be taken by
bonded quart armaster or commissary, or some
person duly Authorized by him in writing which
writing shall be exhibited to the owner or par
son having control of said property at the time
and before the said qUsrtermsster or c0hmisssry
or the person authorized as aforesaid shall take |
the same.
Sec. 3. That the owner or person having con-
troll of said property, or the officer or person /
hereinbsfore authorized to take the same, shsll |
each select one disnterested citizen as apprais-
ers from the neigaborh0od, district or parish, /
unconnected with ths army who shall take an 4
oath that they are not interested in said pro- i
perty or appraisment, and that they will well |
and truly fix and determine the value thereof /
and the amount Of compensation which may be /
just. And IN case Of disagreement between /
said appraisers they shall choose third citizen /
OF said neghborhood. district or parish In ike /
manner Uneonneeted with the array, as an UNI
pire to dec de under like oath as aforesaid the .
matters in dispute. Provided that the said ap-
pIslsers shall have the power, and it is hereby /
made their duty to administer to each other al
necessary osths prescribed by this act to the
same extent as belongs to any Judge or Justice
of the peace in any State
Sec 4. That the officer or person taking pr-
vate prof = as sforesaid for public use, shall,
at the time o. said taking, psy to the owner, his
agent or attorney, the compensation fixed by tie
said appraisers, and shall also give to the owner
or person controlling said property q certificate
over his official signature, specifying the bat
talon, regiment brigade, division or corps 10
which he belongs, that said property IS essential
for the use OF the army, could not be otherwise
procured and was taken through absolute neces
sity setting forth the time and place, when aud
where taken, the amount of compensation fixed
by said appraisers, and the sum, if any paid for
the same. Said certificate shall be evidence for
the owner as well as Of the taking of said prop
erty for the public use, as the right of the owner
to the amount OF compensation fixed as Store
said. And in case said officer or person taking
said property shall have failed to pay the owner,
his agent or attorney, said compensation as
hereinbefore required, the said owner shall be
entitled to the speedy payment of the same BY
the proper disbursing officer, which when so
paid, shall be IN full satisfaction of all claim
against the government of the Confedefate
Sts'es
Sec 8 That before sny officer or person au-
thorizsd as aforesaid shall be entitled to take the
private property of'the owner for public use
under the provisions Of this act the said sp-
praisers upon their oaths to act faithfully and
impsrtially betwean the owner and Confederate
government, shall say that the said property is
not essentially necessary for the support of the
ewneT and bis family, and not absolutely re-
qaired to csTry on his ordinary agricultural and
manufacturing business until the harvesting of
the ensuing crop
Sec 6. That no officer shall take, for the pub
lie use, and use and occupy the lands Of anv
citizen of any State, except for posts deD0ts,
purposes, fortiicatons, encampments
and battle fields without his consent; nor take
for use and oceupstion the houses Of any citizen
nor qUrter officers or troops therein, without the
consent of the owner, nor take and use his
household furniture, except when such houses
snd furniture S all be absolutely necessary for
hospital purposes for the use Of the sick and
wounded, and when suitable houses and furni- Z
iure cannot be otherwise, on the exercise Of d7e
diligence, procured to meet the emergency;
which house and ia niture, when taken a. afOre
,sid. shall be protected from injury g. mu, IA as
practicable, and delivered up 10 the owners as
'oon as tn" emergency viii allow
Sec. That iu5f compensation shall be paid
o TIE owners, ageLts or attorneys for the oceu- &
,stion of said houses and furniture by the prop
y disbuTsipE officer, to De fixed BY appraisers 2
Q be selected aud sworn IS aforesaid The Off y
.er OF surgeon taking said houses and furniture 2
hsll give the owner. his sgeat or attorney, a 4
certificate IS hereinbetore required Of quarter 2
masters and commlssaries which shall be il d
Ike manner evidence for She owaer of tha tak- q
ng Of said houses and furniture for the public g
Ise, of the use and occupation OF, the saue, and
0 bis right to the immediate compensation
herefor 2
SEC 8. That any commissioned or non-com-
nisioned officers or private, who shall violate t
he provisions of this act, shall bs tried before
he military court Of the corps to which be IS {
'ttached, on complaint made by the owner OF =
,ther person, and, on conviction, if an officer, /
le shall be csshiered and put into the ranks as $
private, and, if private, he shall suffer such
punishment not inconsistent with military law,
IS the court may direct :
SUPREME COURT.
The bill for the organization Of the supreme
'ouFt OF the Confederate States being the next
business in order, Mr. Banrwell, of South Car
1lina, moved that, with the consent Of the gen
.eman entitled to the floor, the further consid
sration of that subject be postponed, that the
Senate might take up aud set upon a bill Of
pressing Importance, the bill to provide for the
urther issue Of treasury notes
Mr.. Wigfall said he was entitled to the floor, (
but would gladly give way. The bill to organ
re the supreme court could be taken up sny
tins, whereas the bill mentioned by the senator
from South Carolins was one Of the last impor-
.ance
The supreme court bill was postponed, and
the senate agreed to take up the bill to provide
fer the issuance Of treasury notes and other
purposes
On the motion a Mr.. Barnwell, Of South
Caroina the finance committees substitute for
the bill was taken up
When upon the further motion Of Mr. Barn
well, Of South Carolina, the Senate resolved into
secret session
HOUSE OF REPRESENTATIVES,