Year: 1863

An Act to Regulate Impressments.


The following act has passed both Houses
Of Congress:


BE 1t enacted, etc., That whenever the
.exigencies Of any army in the field are
such as to make impressments of forage,
articles of subsistence or other property ab-
solutely necessary, then such impressment
may be made by the officer or officers whose
duties it is to furnish such forage, articles
Of subsistence or other property for such
army. In cases where the owner Of such
property and the impressing officer cannot
agree upon the value thereof, it shall De
the duty of such impressing officer, upon
an affidavit in writing of the owner Of such
property or his agent, that such property
was grown, raised or produced BY said ow.
ner, or is held or has been purchased by
him not for sale or speculation, but for his
own use or consumption, to cause the same
to be ascertained or determined by the
judgment of two loyal and disinterested
citizens Of the city, county or parish 10
which such impressment may be made, one
tor be selected by the owner, one by the
impressing officer, and, in the event OF
their disagreement, these two shall choose
an umpire Of like qualification whose do.
cision shall be final. The persons thus Sc
.lected, after taking an oath to appraise the
property Impressed, fairly and impartially
(Which oath as we'll as the affidavit pro-
sided for In this section, the impressing
officer is hereby authorized to administer
and certify,) shall proceed to assess just
compensation for the property SO impressed,
whether the absolute ownership or the tenn.
porary use thereof only is required.


Sec. 2. That the officer or person, inn
pressing property as aforesaid, shall, at the
time of said taking pay to the owner, his
agent or attorney, the compensation fixed
by said appraisers land shall also give to
the owner, or person controlling said prop.
erty, certificate over his official signature,
specifying the battalion, regiment, brigade,
division or corps, towhich he belongs; that
said property is essential for the use Of the
army, could not be otherwise procured, and
was taken through absolute necessity; set
ting forth the time and place when and
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 Of
the taking Of said property for the public
use, as the right of the owner to the amount
of compensation fixed as aforesaid: Aud
in case said officer or person, taking said
property, shall have failed to pay the own.
er, or his agent, said compensation as here
inbefore required, then 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 Che government Of the
Confederate States.


SEC. 8. Whenever the appraisement,
provided for in the FIRST section of this act,s
shall, for any reason, be impracticable at
the time Of said impressment, then, and in
that case, the value of the property impress
sed shall be assessed as soon as possible by
two, loyal aud disinterested citizens Of the
city, county or parish, wherein the proper
ty was taken, chosenas follows: One by
the owner, and one by the commissary, or
quartermaster general, or his agent, who, in
case of disagreement, shall choose a third
citizen of like qualification, as an umpire,
decide the matters in dispute, who shall be
sworn as aforesaid, who shall hear the
the proofs, adduced by the parties, as to
the value of said property, and assess a just
compensation therefor, according to the
testimony.


Sec. 4. That whenever the Secretary of
War shall be of opinion that it is necessary
to lake private property for public use, by
reason of the impracticability Of procuring
the same by purchase, SO as to accumulate
necessary supplies for the army, or the good
of the service. in any locality, he may, by
general order, through the proper subordi.
nate officers, authorize such property to be
taken for the public use, the compensation
due the owner for the same to be determin-
ed and. the value found as provided for in
the first and second sections of this act,


SEC. S. That it shall be the duty of the
President, as early as practicable after the
passage of this act, to appoint commits
sioner in each State where property shall
be taken for public use, and request the
Governor of such of the States in which the
President shall appoint said commissioner,
to appoint another commissioner to act in
conjunction with the commissioner appoint
ed by the President, who shall receive the
compensation Of eight dollars per day, and
ten cents per mile as mileage, to be paid by
the Confederate Government. Said COM
missioners shall constitute board, whose
duty it shall be to fix upon the prices to be
paid by the government for all property
impressed or taken for the public use, as
aforesaid, so as to afford just compensation
to the owners thereof. Said commission
ers shall agree upon, and publish sched-