War of the Rebellion: Serial 128 Page 0470 CORRESPONDENCE, ETC.

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the Army of the good of the service, in any locality, al order through the proper subordinate officers, authorize such property to be taken for the public use; the compensation due the owner for the same to be determined and the value fixed as provided for in the first and second sections of this act.

SEC. 5. That it shall be the duty of the President, as early as practicable after the passage of this act, to appoint a commissioner in each State where property shall be taken for the 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 appointed by the President who shall received the compensation of eighth dollars per day, and ten cents per mile as mileage, to be paid by the Confederate Government. Said commissioners shall constitute a 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 commissioner if they shall deem it proper; and in the event they shall not be able to agree in any matter confided to them in this act, they shall have power to appoint an umpire to decide the matter in dispute, whose decision shall be the decision of the board; and said umpire shall receive the same rate of compensation for the time he shall serve allowed to said commissioners respectively: Provided, That said commissioners shall be residents of the State for which they shall be appointed; and it the Governor of any State shall refuse or neglect to appoint said commissioner within ten days after a request to do so by the President, then the President shall appoint both commissioners, by and with the advise and consent to the Senate.

SEC. 6. That all property impressed or taken for the public use, as aforesaid, in the hands of any person other then the persons who have raised, grown or produced the same or persons holding the same for their own use or consumhall make the affidavit as hereinbefore required, shall be paid for according to the schedule of prices fixed by the commissioners as aforesaid, But if the officer impressing of taking for the public use such property, and the owner shall differ as to the quality of the article or property impressed or taken, as aforesaid, thereby making it fall within a higher or lower price named in the schedule, then the owner or agent, and the officer impressing or taking, as aforesaid, may select each a loyal and disinterested citizens, of the qualifications as aforesaid, to determine the qualifications as aforesaid, to determine the quality of said article or property, who shall, in case of disagreement, appoint an umpire of like qualifications, and his decision, if approved by the officer impressing, shall be final; but if not approved, the impressing officer shall send the award to the commissioners of the State where the property is impressed, with his reason for disapproving the same, and said commissioners may hear such proofs as the parties may respectively adduce, and their decision shall be final: Provided, That the owner may receive the price offered by the impressing officer, without prejudice to his claim to receive the higher compensation.

SEC. 7. That the property necessary for the support of the owner and his family, and to carry on his ordinary agricultures and mechanical business, to be ascertained by the appraisers, to be ascertained by the appraisers, to be appointed as provide in the first section of this act, under oath, shall not be taken or impressed for the public use; and when the impressing officer and the owner cannot agree as to the quantity of property necessary, as aforesaid, then the decision of the said appraisers shall be binding on the necessary and all other persons.

SEC. 8. Where property has been impressed for temporary use, and is lost or destroyed without the default of the owner, the Government of the Confederate States shall pay a just compensation thereof; d by appraisers appointed and qualified as provided in the first section of this act. If such property when returned has, I the opinion of the owner, been injured whilst in the public use, the amount of damage thereby sustained shall determined in the manner described in the section of this act, the officer returning the property, when originally impressed, shall be received as prima facie evidence of the value thereof.

SEC. 9. Where shaves are impressed by the Confederate Government to labor on fortifications or other public works, the impressment shall be made by said Government according to the rules and regulations provided in the laws of the State wherein they are impressed; and in the absence of such law, in accordance with such rules and regulation not inconsistent with the provisions of this act, as the Secretary of War shall form time to time prescribe: Provided, That no impressment of slaves shall be made when they can be hired or procured by the consent of the owner or agent.