MR. LYONS'S AMENDMENT
To the Bill to regulate the impressment.of private property, &c.
1 Section 1. Whenever any officer having a separate command
2 of a portion of the army of the Confederate States shall not be
3 supplied with quartermasters or commissaries stores, or tools, or
4 implements of any kind, which may be necessary for the use of
5 the army under his command, and the exigency of the case will
6 not admit of delay until the supplies or articles needed can be
7 furnished him in the usual mode by the commissary or quarter-
S master, he shall purchase them of the person or persons possess-
9 ing.the same, who may be most convenient to him, paying there-
10 for the usual market rate at the place for the same, or if he has
11 not money to pay for the same, giving an obligation in the name
12 of the Confederate States, payable on demand for the same.
1 Sec. 2. If the person or persons owning the articles needed
2 will not consent to sell the same, or will not agree as to the price
3 with the said officer, the officer may impress the same, but before
4 he removes it, he shall call upon the sheriff of the county or
5 city, if he be accessible to him, or if the sheriff be not accessible*
6 upon the nearest magistrate accessible to him, or if there be no
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7 such magistrate, upon the nearest farmer, if in the country, or a
8 freeholder, if in a city or town, and not interested in the property,
9 to fix the market value of the same, who, after being sworn by
10 the officer truthfully and impartially to perform that duty, shall
11 ascertain and fix the said value, and furnish to each party, at the
12 cost of the Government, a written statement thereof, signed by
13 him. If there be any disagreement between the owner of the pro-
14 perty impressed and the officer aforesaid as to the quantity of the
15 article impressed, the person called onras*aforesaid to fix the
16 market value of it, shall* being first sworn as aforesaid,' ascertain
17 the quantify, and state that also in his certificate aforesaid. For-
18 the price thus ascertained as aforesaid, the officer shall imme-
19 diately pay the cash if he has it, and if not, he shall execute and
20 .deliver to the vendor the obligation of the Confederate Govern-
21 ment for the same, payable on demand, and then he may remove
22 the property purchased or impressed and not before: Provided,
23 That under no circumstances shall a person be deprived by im-
24 pressmenhof the quantity of meat, grain, flour, meal, forage, or
25 other property necessary to the comfortable support of his family,
26 slaves and stock, and the working of his farm or plantation; and
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27 in the event of disagreement between the officer and owner as to
28 what is necessary for the said purpose, the question shall be
29 determined in the manner before prescribed as to the price.
30 Slaves may he impressed for the purpose of laboring upon forti-
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31 fioations or other military works, or to aot as .teamsters for the
32 army, when they cannot be hired at the usual market rates from
33 their owners, and not otherwise; but such impressments shal*
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34 always be made in conformity with the law of the State in
35 which the impressment is made, if there be any such law. If
*36 there be no such State law then before any impressment is made,
37 the following rules shall be observed, to wit: The impressing
38 officer shall procure from the court of the city, county or town,
39 in -which the slaves , to Jbe impressed are, or from the Circuit
40 Judge, the appointment of three disinterested farmers or plan-
41 ters, if in the country, and freeholders if in town, being slave
42 owners, to go with him, and in the presence of the owrner of the
43 slave, if he will attend after notification, assess the hire, and as-
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44 certain the value of the slave to be impressed, and his fee simple
45 value, of which they shall furnish each party with a certificate in
46 writing, signed by themselves ; and at the foot, or upon the
47 hack of such certificate, the impressing officer shall give to the
48 owner a receipt for the slave or slaves, impressed : Provided, how-.
49 ever, That in no instance shall a slave he impressed who is under
50 the age of eighteen or over the age of forty years, or who is un-
51 sound, or from any defect incompetent to perform the duty re-
52 quired of him. But the'owner may, if he pleases, substitute a
53 slave over the age of forty for one under that age, before the
54 valuation is made, if the substitute be sound and able bodied. .
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t Sec. 4. Tho rate of impressment of slaves shall never exceed
2 five per cent, of the slaves owned bj one person, exclusive of
3 those under the age of five years, and over the age of sixty-five,
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4 and where a person owns only one able male slave, he shall not be
5 impressed.
1 Sec. o. The government shall furnish without charge to the
2 owner all proper medical attendance, and medicines for the slaves
3 hired or impressed by it, as well as food and necessary clothing;
4 and if any slave hired or impressed by it shall, without the con-
5 nivance of the owner, run away so that he is not returned to the
6 owner, or die, or becoome diseased, maimed or crippled in the
7 service of the government, the government shall pay to the
" 8 owner his assessed value, and .become the owner of the slave to
1 9 be subsequently disposed of as the Secretary of War may direct.
1 Sec. 6. All persons in every city, county and town who own
2 so few slaves that five per cent, thereof cannot be taken, shall be
3 arranged in classes according to neighborhoods, and the number
4 of slaves owned by them, and required to furnish their quota of
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5 the slaves called for, and on failure to do so after five days notice,
6 they shall each furnish one slave, who shall be impressed by the
7 proper impressing oflicer.
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1 Sec. 7. When the officer directing impressment shall be .of the
2 rank of Colonel or a superior grade, he shall direct the impress-
3' ment by a written order, which shall express fully and minutely
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4 the things to be impressed, and the course to be pursued by the
5 impressing officer, and detail for its execution, an officer, a Cap-
6 tain or Major, or both, or both of the quartermaster's and com-
7 missaries department, with such number of men, with their
8 proper officers to aid him, as may be deemed necessary.
1 Sec. 8. False swearing under this act shall be deemed perjury
2 and punished accordingly.
1 Sec. 9. If any officer, non-commissioned officer or private,
2 shall, in the performance of his duty under this act, violate its
3 provisions, and thereby inflict wrong or injury upon any citizen,
4 he shall be deemed to be guilty of a military offence, to be pun-
5 ished by a court martial, and shall also be liable to the action of
C the party aggrieved for the damages inflicted.
1 Sec. 10. The Secretary of War may publish such orders, rules,
2 and prescribe such forms for enforcing this act, and not incon-
3 sistent with it, as he may deem proper,