Duty of go. vernor Slaves, how called out Per centage in counties CHAP. 2.-An ACT to further provide for the Public Defence. Passed October 3, 1862. 1. Be it enacted by the general assembly, that the governor of this commonwealth shall, when requested by the president of the Confederate States, be and he is hereby authorized and required from time to time to call into the service of the Confederate States, for labor on fortifications, and other works necessary for the public deNumber limited fence, for a period not exceeding sixty days, a number of male slaves between the ages of eighteen and forty-five years, not exceeding ten thousand at any one time, and not exceeding in any county, city or town five per centum of the entire slave population thereof. Such requisition shall be apportioned ratably among all the slaveholders in the several counties, cities and towns on which the requisition shall Compensation be made. The sum of sixteen dollars per month for each slave shall be paid by the Confederate States to the holders of the slaves, and Value of slaves, soldier's rations, medicines and medical attendance furnished; and when to be paid the value of all such slaves as may escape from the confederate authorities and not return to their owners, or be seized or killed by the public enemy, or may, by want of due diligence on the part of the authorities of the Confederate States, in any manner be lost to the owners, shall be paid by the Confederate States to the owners of Farther provi- such slaves, and in like manner compensation shall be made for any sions Burden of proof Slaves hired, how regarded Notice to counties, how given Requisitions, how filed Summons How directed Duty of county courts injury to slaves arising from a want of due diligence on the part of the authorities of the Confederate States; and in those cases the burden of proof shall be on the authorities of the Confederate States to discharge the latter from liability to the former. Slaves hired by individuals having other slaves, shall be regarded as in the possession of their owners, and classed accordingly in regard to confederate service. 2. Be it further enacted, that so soon as the governor shall call out a force of slaves from any or all of the counties, cities and towns of the commonwealth, under this act, he shall give notice thereof to the several counties, cities and towns on which the call may be made, by causing to be filed with the clerks of the several county and corporation courts, copies of the requisitions made on their respective counties, cities and towns. It shall be the duty of the said clerks forthwith to issue a summons to all the acting justices of their respective counties or corporations, requiring them to meet at the courthouse of the county or corporation on a day to be named in the summons, not later than three days from the filing of the requisition, to carry the same into effect; which summons shall be directed to and executed by the sheriff of the county or sergeant of the corporation, as the case may be. 3. It shall be the duty of the several county and corporation courts, after being duly summoned as aforesaid, and not less than five justices of revenue how appor to be made being present, to call to their assistance the commissioners of the Commissioners revenue of their respective counties and corporations, and after ascertaining the entire slave population thereof, to apportion, without Requisitions, delay, the requisitions aforesaid, ratably among all the slaveholders tioned of the county or corporation, throwing into classes, when necessary, Classes, when the holders of but one or few slaves, and ascertaining, by lot, or by agreement between the parties, the slave or slaves to be sent to the fortifications from such classes: provided, that in no case of a soldier Proviso as to in the confederate army, owning or hiring but one male slave, shall the said male slave be subject to requisition under this act. soldiers be delivered to liver to officer or agent 4. So soon as the apportionment aforesaid shall be made, it shall be Slaves, when to the duty of the courts of the several counties and corporations to re- sheriff quire each slaveholder to deliver, on a day and at a place to be appointed by the court, not more than three days from the date of the order, his quota of slaves to the sheriff or sergeant, as the case may be, to be delivered by such sheriff or sergeant to an agent or officer of the Sheriff to deConfederate States. All slaves delivered by the holders on the day and at the place designated as aforesaid, to be returned at the expi- Slaves, when to ration of sixty days. Slaves not delivered in accordance with the When slaves order of the court, shall be seized by the sheriff or sergeant, as the may be seized case may be, and delivered to the agent or officer of the Confederate States authorized to receive them, who shall thereupon execute a separate receipt to each owner for the slave or slaves, naming them, so delivered by him, and may be held on the terms and conditions aforesaid, for a period not exceeding ninety days. be returned courts 5. The clerk and sheriff or sergeant shall attend the sessions of the Duration of court as in other cases; and the court shall continue in session from day to day until the business shall be completed. fails to discharge 6. Should any county or corporation court fail or refuse to dis- When court charge the duties hereby imposed upon them, it shall be the duty of duty imposed the clerk of such court immediately to notify the governor thereof; and thereupon it shall be the duty of the governor, by officers and Powers of agents of his own selection, with the aid of the commissioners of the governor revenue of the respective counties, cities and towns, who are hereby directed to render such aid when required, to impress into the service when slaves of the Confederate States, from any such county, city or town, the may be improportion of slaves demanded by him from such county or corporation, not exceeding five per centum of the entire slave population thereof, apportioning the same among the slaveholders, as herein above set forth, as near as may be, and holding the same not longer How long they than ninety days for the uses and upon the terms and conditions set may be retained. forth in the first section of this act. pressed 7. In making the requisitions authorized by this act, the governor Burden to be is requested to equalize the burden, as nearly as may be, among the equalized Regard to be had to number of slaves previously furnished When certain number of owner several counties, cities and towns of the commonwealth, and amongst the citizens thereof, having, when practicable, due regard to the number of slaves heretofore furnished by any counties or corporations, or the citizens thereof, under any call heretofore made by the president or secretary of war, or any officer of the confederate army. 8. So soon as a requisition may be made upon any county, city or slaves furnished, town, it shall be lawful for any number of persons who may be reprivilege of quired to furnish not less than thirty nor more than forty slaves, to place such slaves in charge of an agent or overseer selected by such owners, who shall deliver them to the confederate authorities, at the place where the labor is to be performed, at the expense of the ConOverseer, how federate States; and such agent or overseer, if a fit and proper per appointed Subsistence, how commuted Acceptance by Commencement son, shall be employed by the confederate government as the agent or overseer in charge of the slaves during their service of sixty days. 9. The owner of any slaves may furnish subsistence and provisions to his slaves, and in such event shall be allowed commutation in money in lieu of rations, at the rate of sixty cents a day. 10. All slaves sent voluntarily by their owners and accepted by the agents of the confederate government, shall stand on the same footing as if sent in pursuance of the proceedings required by this act. 11. Any request for slaves made by the president on the governor under this act, shall be regarded an assent to and acceptance of all its provisions by the Confederate States. 12. This act shall be in force from its passage. CHAP. 3.-An ACT for the dismissal of Militia Officers for treason or disloyalty. Passed October 6, 1862. 1. Be it enacted by the general assembly, that whenever any officer of the militia shall be guilty, in the opinion of the governor, of treason or disloyalty, it shall be lawful for the governor to remove such officer; and the vacancy thereby occasioned shall be filled in the mode now prescribed by law. The senate shall at all times have power to reverse the action of the governor; and thereupon the commissions issued in consequence of such dismissal, shall be void provided, that no officer shall be dismissed, except in cases where he cannot be arrested and served with the charges and specifications against him, as is at present provided by law. 2. It shall be the duty of the governor, in all cases of removal, to assign his reasons therefor, in writing, and communicate the same to the next general assembly. 3. This act shall be in force from its passage. MILITARY AFFAIRS. 6 CHAP. 4.-An ACT amending and re-enacting an act amending and reenacting the 2d section of chapter 22 of the Code of Virginia, respecting persons exempt from all military duties, and providing the mode of exemption, passed February 18th, 1862. Passed October 1, 1862. amended 1. Be it enacted by the general assembly, that the act amending Act 1862 and re-enacting the second section of chapter twenty-two of the Code of Virginia, respecting persons exempt from all military duties, and providing the mode of exemption, passed February eighteenth, eighteen hundred and sixty-two, be amended and re-enacted so as to read as follows: "§ 2. The following persons only shall be exempt from the per- Who exempted formance of all military duties, to wit: the vice-president of the Confederate States; the officers, judicial and executive, of the government of the Confederate States; the members of both houses of congress, and the clerk of each house; all custom house officers; the lieutenant governor, and all the members of the general assembly, during the term for which they were elected or appointed; the secretary of the commonwealth, and his clerks; the clerks of the house of delegates and senate; the judges of the court of appeals and circuit courts, attorneys for the commonwealth, and the justices of the peace; the clerk of each of said courts, and of each county and corporation court; judge of hustings court; the sheriff of each county, and the sergeant and collector of taxes of each corporation having a hustings court, and the commissioners of the revenue; the attorney general, the treasurer, two auditors, register of the land office, superintendent of the penitentiary, and their clerks and assistants; every minister of the gospel licensed to preach according to the rules of his sect; superintendents of the public hospitals, lunatic asylums, and the regular nurses and attendants therein, and the teachers employed in the institution for the deaf and dumb and blind; one physician to each two thousand population, to be selected by the board herein after constituted; the president, the general superintendent and two local superintendents of the southern telegraph companies, in no case to exceed four persons; the president and superintendent of transportation of each rail road company; the president, secretary and chief collector of each canal company. No one shall be exempt from draft by reason of his being an agent of a commissary or assistant commissary, or quartermaster or assistant quartermaster, whether said commissary or assistant commissary, er quartermaster or assistant quartermaster be in the service of the Confederate States or of this state, or by reason of his holding any office or commission in the militia: and whenever any militia officer is drafted for actual service, his commission shall be vacated." 2. If the constituted authorities of any city shall, within twenty Officers of city, how exempted days after any draft has been made therefrom, apply to the governor for the purpose, he shall exempt from actual military service any drafted person who may be, at the time of the draft, an officer of such city, or in its service, in connection with its gas or water works or fire and police departments; and if within twenty days after any draft, the president and superintendent of any rail road, canal and telegraph company shall certify, upon their honor, to the governor that the services of any drafted person, who is an officer or employee of such company, are necessary to the efficient operation of the said road, the governor may, in his discretion, exempt such person from actual military service. Any person exempted under this section shall be deemed to be detailed for duty in the post or place he filled at the time he was drafted, without pay as a soldier; and in case he shall leave the service of such city or company, he shall at once be remanded to the military service for which he was drafted; and if any such person shall fail, for ten days after leaving such service, to report himself to the governor or to some military officer for duty as a soldier, he shall be proceeded against as a deserter. The governor shall promptly cause the places of all persons exempted under this section to be filled by further draft from the respective counties, cities and towns from which such persons were drafted. It shall be the duty of the president or mayor of the city, or company, as the case may be, promptly to report to the governor the name of any person so exempted, who may have left the service for which he was detailed. 3. Immediately after the passage of this act, the governor shall issue his proclamation, requiring the organization of a board of exemptions in each county and corporation, to consist of the presiding justice or recorder, and any two justices whom such presiding justice or recorder may associate with him. In case the presiding justice or recorder cannot for any cause act, the chief clerk of the hustings or county court shall summon any three justices, who shall constitute such board. Such clerk shall act as clerk of the board. In case there be no such clerk present and capable of acting, the clerk of the circuit court shall act; or if no such board should be organized, the governor may designate any three justices of the county or corporation, who shall constitute the board, and appoint their own clerk. 4. The board shall have cognizance of all questions of exemption, and shall adjudge the sufficiency of the excuse given by any person, who, by reason of his failure to report his name for enrollment, as required by the act entitled an act for ascertaining and enrolling the military force of the commonwealth, passed February eighth, eighteen hundred and sixty-two, may have been enrolled among the drafted levies, as prescribed in said act. For punishing contempts and compelling the attendance of witnesses, the board shall have the powers of a county court. |