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 [House Bill, ^No. 8.] 
 
 HOUSE OF REPRESENTATIVE.— January nth, \30J. Read 
 the first and second times and ordered to be printed. 
 
 [By Mr. Foster.] 
 
 J^ BILL 
 
 To be entitled An Act to amend An act entitled ''An act to regulate 
 the destruction of property under military necessity and to provide 
 for the indemnity thereof." Approved the 17th day of March, 
 
 1 Whereas, by the Constitution of the Confederate States of 
 
 2 America, it is guaranteed to the citizens thereof, that private 
 
 3 proporty shall not be taken for public use Avithout just compen- 
 
 4 sation, which provision the Government is bound, in good faith, 
 
 5 to support and maintain, as well in v;ar as in peace, and much 
 G • private property having been destroyed under the act to which 
 
 7 this act is to be an amendment, without any just compensation 
 
 8 having been made to the owners, and no adequate indemnity having 
 
 9 been provided by said act of Congress to compensate the persona 
 
10 thus injured in the future, they have just cause to comphiin that 
 
 11 their constitutional guarantee has not been faithfully kept, that 
 
 12 the burthens of the war fall une(|uaily upon them, operating the 
 \o more oppressively because they have to pay their proportion of 
 11 taxes and other burthens, although their chief means arc taken 
 1.5 from them. I'or remedy Avhereof, 
 
 1 StCTiox 1. T/ic Congress of iJic Conftdcratt Stales of America do 
 
 2 enact, That the second section of the act aforesaid be, and it is 
 d hereby, repealed. 
 
 1 Sec. 2. i^c?7/z^r^/icrc;i«c/cci, That all property destroyed under 
 
 2 military authority of the Confederate States of America, shall be 
 
 3 paid for, making to the respective owners just compei^ation, on 
 
 4 the owner or owners making proof of the destruction thereof by 
 .5 the military power of said Coi'^fcderatc States — the quantity of 
 G the property thus destroyed, the value and ownership thereof. 
 
 7 One-half shall bo- paid in treasury notes of said Confederate 
 
 8 States, and the other half in bonds of said Confederate States, 
 ,0 having twenty years to run — bearing interest at eight per cent. 
 
 10 per annum — which interest shall be paid semi-annually. 
 
 1 Sec. 0. Be it further enacted, That if any person or persons 
 
 2 have heretofore voluntarily destroyed his or their own property, 
 
 3 to prevent the same from falling into the hands of the common 
 
3 
 
 4 enemy, a just compensation shall be made to the person or per- 
 
 5 sons injured, in like manner on the owner or owners proving the 
 G necessity of such destruction to keep it from falling into the 
 7 hands of the enemy, the ownership, tlic quantity of property 
 S destroyed and the value thereof. 
 
 1 Si:c. 4. Be it further enacted, That in ^ase property shall be 
 
 2 destroyed hereafter by the military of the Confederate States to 
 d keep it from falling into the hands of the enemy, the same shall be 
 4 paid for by the said Confederate States, on the owners proving the 
 o destruction thereof by the military of said States — the quantity 
 G of property destroyed — the value of the same and ownership. 
 
 7 One-half shall be paid in treasury notes and the other half in 
 
 8 bonds of said Cofederate States, the bonds to have twenty years 
 
 to run, to bear interest at the rate of seven per cent, per annum, 
 10 which interest shall be paid semi-annually. 
 
 1 Sec. 5. Be it further enacted., That the owners of the property 
 
 2 so destroyed, or which may hereafter be destroyed, shall be paid 
 ;] for the same at the price or value thereof at the time the pro- 
 4 perty was destroyed. 
 
 1 Sec. 6. Be it further enacted^ That inasmuch as the Constitu- 
 
 2 tion provides for the payment of a just compensation at the time 
 
 3 the property is taken from the owner for public use, the owner 
 
4 
 
 4 or owners'of property ilcstroyed shall be entltledgto interest on 
 
 5 the value of the property from the time of its destruction at the 
 
 6 legal rate established by the State of the owner's residence. 
 
 1 Sec. 7. Be it further enacted. That in order to carry into effect 
 
 2 the provisions of this act and the act to -which it is p.n amend- 
 
 3 ment, according to their true intent, a commissioner shall be 
 
 4 appointed for each Congressional Distjict in the several States 
 
 5 of the Confederacy, "whose duty it shall be to examine with care 
 G into the losses sustained by the destruction of property as afore- 
 
 7 said, and to that end he shall h:.ve power to call witnesses before 
 
 8 him and to examine them under oath. To issue commissions to 
 
 9 examine witnesses in the army or navy, or in other Congressional 
 10 Districts, He may also examine the parties themselves. 
 
 I Sec. 8. Be it further enacted, Thatnt shall^be the duty of the 
 
 3 commissioners appointed under this act to keep correct records 
 
 3 of the claims presented to them for^^adjustmcnt, and tlxe sub- 
 
 4 stance of the evidence given in support of such claims as well as 
 
 5 the adjudication. 
 
 1 Sec. .9. Be it further enacted, That in case the Secretary of the 
 
 2 Treasury or the claimant shall not be satisfied with the decision 
 
 3 of the commissioner in any case, an appeal may be taken to the 
 
 4 Attorney General of the Confederate States, whose decision in 
 
5 the case shall be final. In all cases of appeal the commissioner 
 
 G shall make out a correct transcript of the proceedings before him 
 
 7 and send the same, properly certified under his hand, to the At- 
 8* torney General, Avho shall decide the case on the record, and on 
 
 9 deciding the same he shall certify his decision to the commissioner 
 
 10 ■vvho shall enter the same in liis records as the decision in the 
 
 1 1 case. 
 
 1 Sec. 10. Be it further enacted, That said commissioners, rc- 
 
 2 spectively, before entering upon the duties of his office, shall 
 
 3 make affidavit before a circuit judge of his district, or before the 
 
 4 probate judge of the county of his residence, to the effect that 
 
 5 he "will faithfully perform the duties of his office with integrity 
 G to the best of his skill and ability, -^'ithout favor or any undue 
 7 influence, 
 
 1 Sec. 11. ^c it further enacted, That said commissioners, re- 
 
 2 spectively, shall be paid eight dollars per day during the time 
 
 3 engaged necessarily in the performance of duty, including the 
 
 4 time of necessary travelling, to be paid by the Treasurer of the 
 
 5 Confederate States on the certificates of the commissioners re- 
 
 6 spectively. 
 
 1 Sec. 12. Be it further enacted, That on the parties, respec- 
 
 2 tively, or their agents .presenting a transcript of the claim, the 
 
5 recorded evidence and the adjudication of the chiim certified by 
 4 the commissioner, to be correct to the Secretary of the Treasury 
 
 6 of the Confederate States, the said Secretary shall pay the same 
 G or order it to be paid according to tlic provisions of the second, 
 
 7 third and fourth sections of this act. 
 
 1 Sec 13. Be itfurtlicr cimctcd, That the appeal provided for by 
 
 2 the 9th section of this act must be taken by the claimant in ten 
 
 3 days from the time of the decision of the case by the commis- 
 
 4 sioner, and by the Secretary of the Treasury in ten days from 
 
 the time of the claim and adjudication being presented to him 
 G for payment, and not after, and the said Attorney General shall 
 
 7 decide the case on appeal ^vithin sixty days from the time the 
 
 8 record of the case shall be submitted to him for his decision. 
 
 1 Sec. 14. Be it further enacted, That the Secretary of the 
 
 2 Treasury shall have the appointment of the commissioners under 
 
 3 this act. 
 
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