|Pages 53-74||Pages 92-107|
|Edmund Pendleton, esq. president.|
|WHEREAS the earl of Dunmore, by his many hostile attacks upon the good people of this colony, and attempts to infringe their rights and liberties, by his proclamation declaring freedom to our servants and slaves, and arming them against us, by seizing our persons and properties, and declaring those who opposed such his arbitrary measures in a state of rebellion, hath made it necessary that an additional number of forces be raised for our protection and defence:||Preamble reciting hostility of lord Dunmore.|
|Be it therefore ordained, by the delegates and representatives of the several counties and corporations within the colony and dominion of Virginia, now assembled in general convention, and it is hereby ordained by the authority of the same, That the two regiments formerly raised be augmented; by the addition of three hundred||Two former regiments of regulars augmented.|
|* The titles only of the ordinances of this convention are inserted in the Chancellors' Revisal, edi. 1785. In the original, the ordinances are not distinguished either by chapters or sections.|
|and eighty two men, to be divided into five companies, consisting of sixty eight men each rank and file, under the command of one captian, two lieutenants, one ensign, and four serjeants; each company to be allowed a drummer and fifer, and two of the said companies to be added to the first, and the remaining three companies to the second regiment.|
|And be it farther ordained, that there be likewise immediately raised, and taken into pay from the time of their enlistment, six other regiments complete, to be composed of ten companies of sixty eight men each rank and file (three of which companies in each regiment to consist of riflemen, to act as light infantry) under the command of a colonel, lieutenant-colonel, a major, ten captains, twenty lieutenants, ten ensigns, forty serjeants, and to be allowed ten drummers and ten fifers; and to each of the said regiments there shall be moreover allowed a chaplain, an adjutant, a regimental quartermaster, one surgeon, two surgeons mates, one serjeant-major, one drum-major, and quartermaster's serjeant.|| Six additional regiments to be raised. |
Of what to consist.
|And be it farther ordained, That of the six regiments to be levied as aforesaid, one of them shall be called a German regiment, to be made up of German and other officers and soldiers, as the committees of the several counties of Augusta, West Augusta, Berkeley, Culpeper, Dunmore, Fincastle, Frederick, and Hampshire (by which committees the several captains and subaltern officers of the said regiment are to be appointed) shall judge expedient.||German regiment: and where raised.|
|And whereas, by an ordinance passed at the last meeting of this convention, intituled, An ordinance for raising and embodying a sufficient force for the defence and protection of this colony, it is ordained that a battalion of minute-men be raised in the counties of Accomack and Northampton, which at present is thought to be inadequate to the defence of that part of this colony: Be it therefore ordained, That so much of the said ordinance as relates to the raising the said battalion be repealed; and that, over and above the regiments aforesaid, there be raised one other regiment, to be composed of seven companies, for the protection and defence to the said counties of Accomack and Northampton; each company to consist of sixty eight rank and file, and to be under the command of a colonel, lieutenant-colonel, a major, seven captains, fourteen lieutenants, seven ensigns, twenty eight serjeants, and each company|| Another regiment, for Accomack and Northampton. |
Of what to consist.
|to be allowed a drummer and fifer. Four of which companies to be raised in the said counties of Accomack and Northampton, as herein after directed, the other three (two of which to consist of riflemen, to be alotted to this regiment by the committee of safety) out of the other levies to be raised by this ordinance; and the said regiment shall moreover be allowed a chaplain, a paymaster, with a salary of £. 75 per annum, and the like staff officers as are directed for the other regiments, to be appointed in the same manner.|| Staff. |
|And be it farther ordained, That the whole of the nine regiments be under the command of one major-general, and two brigadiers-generals, [brigadiers-general, each of whom shall have an aid-de-camp and secretary of their own appointment; and that there be one quartermaster-general, one adjutant-general, and one deputy adjutant-general.||Generals, & staff to command the nine regiments.|
|And for the more regular, speedy, and equal appointment of officers; Be it farther ordained, That the general officers shall be appointed by the general congress, and that the field-officers shall be nominated and appointed by the general convention of this colony, and the captains and subalterns by the several county and district committees, as follows, that is to say: That each of the committees of the counties of Albemarle, Augusta, West Augusta, Berkeley, Bedford, Culpeper, Dunmore, Fauquier, Fincastle, Loudoun, Orange, Prince William, and Spotsylvania, shall nominate and appoint two proper and discreet persons to be captains, two other such persons to be first lieutenants, two others to be second lieutenants, and two others to be ensigns, who shall be by them respectively directed to proceed with all expedition in recruiting levies, in order to raise in the whole twenty six companies.|| General officers, field-officers, captains and subalterns, how
Power of county committees.
|Provided, That the officers of the one hundred men ordered from Fort Pitt, by a late resolution of this convention, shall be considered as part of the officers to be nominated by the committee of West Augusta, if the said officers shall incline to continue in the service of this colony, agreeable to the said resolution. That each of the committees of the counties of Amelia, Amherst, Botetourt, Brunswick, Buckingham, Caroline, Charlotte, Chesterfield, Cumberland, Charles City, Dinwiddie, Frederick, Fairfax, Goochland, Gloucester, Halifax, Hanover, Henrico, King George, King and Queen, King William, Lunenburg, Louisa, Mecklenburg, Nansemond, Northumberland, New Kent,||Provision in favour of officers, ordered from Fort Pitt.|
|Pittsylvania, Prince Edward, Prince George, Southampton, Stafford, Sussex, and Westmoreland, shall nominate and appoint one such proper person to be captain, one other to be first lieutenant, one other to be second lieutenant, and one other to be ensign, who shall be by the committees respectively directed to proceed immediately in recruiting levies, in order to raise, in the whole, thirty three companies. That the several district committees, herein after described, do nominate and appoint the remainder of the officers for raising thirteen companies, as follows: The district of Accomack and Northampton, four captains, four first lieutenants, four second lieutenants, and four ensigns; the district of Essex and Middlesex, one captain, one first lieutenant, one second lieutenant, and one ensign; the district of Isle of Wight and Surry, two captains, two first lieutenants, two second lieutenants, and two ensigns; the district of Lancaster and Richmond, one captain, one first lieutenant, one second lieutenant, and one ensign; the district of Norfolk and Princess Anne counties, one captain, one first lieutenant, one second lieutenant, and one ensign; and the district of York, Elizabeth City, Warwick, James City, and the city of Williamsburg, two captains, two first lieutenants, two second lieutenants, and two ensigns. And the several officers so to be appointed shall be, by the respective district committees, directed to proceed immediately in recruiting as aforesaid, in order to raise their companies; which several recruiting officers shall be at liberty to raise their levies in any part of the colony, without being confined to counties or districts.|| County committees to appoint captains, &c. |
Officers may recruit in any part of the colony.
|And be it farther ordained, That if any captain and his subaltern officers, so to be appointed, shall not recruit the whole number of men for a company on or before the last day of February next, the committee of the county or district by whom such officers were appointed may either appoint others instead of the officer or officers who shall fail to recruit the following number, according to his rank, to wit, a captain twenty eight, a first lieutenant twenty one, a second lieutenant sixteen, and an ensign nine, or may continue the former officers, if it shall appear probable to the committee that the company may be sooner completed by them than raised by appointing new officers as aforesaid.||Officers, not recruiting their quotas, by a limited time, may be superseded, and others appointed|
|Provided always, That if any company shall not be made complete by the first nominated officers, or others,||Effect of not completing companies.|
|to be chosen in their stead as aforesaid, by the twenty-fifth day of March next, the several county and district committees, wherein such failure should happen, shall make report of the whole matter to the committee of safety, who shall take such order therein as to them shall seem most likely to forward the service, and appoint such and so many officers as they may judge proper to recruit at large within this colony, without regard to the place of residence of such officer.|
|And be it farther ordained, That the several county and district committees, at the time of appointing the officers as aforesaid, shall fix on some certain convenient place where the officers of each company shall rendezvous the men by them enlisted, and also nominate two of their members, residing as near as may be to such place of rendezvous, to review the men to be enlisted in each company; which members having examined the persons enlisted, and found them to be able-bodied healthy men, and to have been regularly sworn and attested according to the direction of this ordinance, shall grant a certificate thereof, which shall be returned to the county or district committee who appointed the officers, and be by them respectively returned to the committee of safety, who shall grant commissions to the officers thereupon, as is herein after directed. And in case it shall appear, from such certificates, that two or more companies have been reviewed on the same day, the committee of safety shall settle the priority of rank between the officers, by a fair and equal lot.|| County and district committees to appoint rendezvous;
and provide for reviewing recruits;
and grant certificates, in order for commissions.
|And be it farther ordained, That the chaplain and surgeon to each regiment be appointed by the field-offices and captains of such regiment; the surgeon's mates by the surgeon himself, with the approbation of the commanding-officer; the adjutant, regimental quartermaster, serjeant-major, quartermaster-sergeant, and drum-major, by the commanding-officer of such regiment.||Regimental staff, how appointed.|
|And for the more certain and regular appointment of the several district committees, Be it ordained, That the several committees of the counties and corporations before named shall each depute three of their members to attend at some convenient and central place in each district, to be appointed by the chairman of the committee of the county first named in each district, of which appointment such chairman shall give reasonable||District committees, how appointed.|
|notice to the chairmen of the other committees within his district; which deputies, or a majority of them, the whole having such reasonable notice, shall be a district committee for the purposes of this ordinance, and proceed to the nomination and appointment of officers in the same manner as is directed by a former ordinance of convention.|
|And for the more regular embodying the several regiments, and stationing the troops for the protection of the several parts of this colony, Be it ordained, that the committee of safety shall allot certain companies to each regiment, and appoint the station of such regiment, and appoint the station of such regiment, of which notice shall be given to the county and district committees where such companies are expected to be raised; which committees, at the time of their granting certificates of the completion of the companies, shall order each company to march to the station, and certify the same, and the distance to such station, to the committee of safety.||Committee of safety to allot companies to regiments, and station the troops.|
|And to prevent unreasonable delay in such march, Be it ordained, That the officers and men shall receive no more pay, from the date of such marching orders to the time of their arrival at their station, than after the rate of one day's pay for every fifteen miles, according to the distance, unless delayed by bad weather, or unavoidable accidents; of which the committee of safety shall judge and determine, before they grant a warrant for the pay of any company.||How many miles, a days march.|
|And for making a certain provision for cadets, Be it ordained, That every cadet who shall enter into the service, with the approbation of the commanding-officer of the respective regiment which he is willing to join, shall be allowed the pay and provision of a private soldier, and be found the like tents, allowing one to every four cadets.||Cadets, provision for.|
|And be it farther ordained, That in case any vacancies should happen, by deaths or otherwise, among the commissioned officers, the same shall be supplied, from time to time, by regular succession, in course of seniority; and in case of a defect of officers to supply such succession, the commanding-officer of the regiment shall full up the vacancy out of the cadets, if any, paying due regard to their seniority; and, if there be no cadets, out of such others as he may think proper, with the approbation of the committee of safety.||Vacancies in officers, how supplied.|
|And that the companies may be kept complete from time to time, Be it farther ordained, That if any vacancies should happen among the private men, the commanding-officer of the regiment shall supply the same by new recruits, in the best and most expeditious manner he may be able.||In privates.|
|And be it farther ordained, That the soldiers to be raised shall be enlisted on the terms following, to wit: That they shall continue in the service so long as may be judged necessary by the general congress, or by the general convention or general assembly of this colony, but not be compelled to continue more than two years from the 10th day of April next;||Terms of enlistment.|
|Provided, Any soldier or soldiers do give the commanding-officer three months previous notice, in writing, of his or their desire to be discharged at the end of such period; and, if it shall be judged expedient to disband the army before the expiration of the said two years, that then each soldier discharged within that time shall be entitled to and receive six weeks pay over and above what is actually due to him. That the pay of each captain, lieutenant, and ensign, shall commence on the day of his appointment by the district or county committees, of the chaplain and all the subaltern officers on the days of their respective appointments, of the common soldiers on the days of their enlisting; and that the pay of the several field and staff officers shall commence on the days of their being called into duty by the committee of safety.|| Mode of discharge. |
Pay of officers and soldiers, when to commence.
|Provided always, That no recruiting officer shall be allowed to enlist into the service any servant whatsoever, except apprentices bound under the laws of this colony, nor any such apprentices unless the consent of his master be first had in writing; neither any man unless he be five feet four inches high, healthy, strong made, and well limbed, not deaf, or subject to fits.||Servants, apprentices, and others, how enlisted.|
|And be it further ordained, That the soldiers to be enlisted, and the several serjeants appointed, or to be appointed, shall, at the expense of the publick, be furnished each with one good musket and bayonet, cartouch box, or pouch and canteen; and until such musket can be provided that they bring with them the best gun of any other sort that they can procure; and that they also bring with them (if to be had) one blanket each, and that such as are to act as riflemen bring with them one good rifle and tomahawk, each to be approved|| Arms and accoutrements, how furnished.
Blankets, rifles, tomahawks.
|by their captain, for the use of which guns they shall be allowed as follows, to wit: For the smooth-bores, or muskets, after the rate of 20s. and for the rifles and tomahawks after the same rate by the year, and for the blanket so much as by the judgment of any field-officer of his regiment the same shall be considered to be worth at the time it is produced. That each common soldier, not already sufficiently provided, in the opinion of his commanding-officer, shall be provided with sufficient clothing, at the expense of the publick, to be deducted out of his pay, and also be allowed by the publick a hunting shirt, a pair of leggins, and binding for his hat.|| Hire for arms, &c. furnished by the
Clothing, how furnished.
|Provided, If any minute-man, who has been already furnished with such articles, shall enter into the regular service, he shall have no farther allowance.||Proviso, as to minute-men joining the army.|
|And be it farther ordained, That, over and above the rifle companies belonging to the German regiment, there be raised seventeen companies of expert riflemen, in the following counties, that is to say: In the counties of Bedford and Loudoun, each two companies; in the counties of Albemarle, Amherst, Berkeley, Botetourt, Buckingham, Charlotte, Culpeper, Dunmore, Fauquier, Halifax, Orange, Pittsylvania, and Prince Edward, each one company; which shall be allotted by the committee of safety to the respective regiments, as before directed.|| Additional rifle-companies. |
In what counties to be raised.
|And be it farther ordained, That the proper medicine chests, and surgeons instruments, be provided, at the expense of the publick.||Medicine chests, and surgeons' instruments.|
|And be it farther ordained, That the pay of the officers and soldiers shall be as follows, to wit: To a colonel, seventeen shillings and sixpence; to a lieutenant-colonel, twelve shillings and sixpence; a major, ten shillings; a quartermaster-general, ten shillings, an adjutant-general, twelve shillings and sixpence; a deputy adjutant-general, ten shillings; a captain, six shillings; a lieutenant, four shillings; an ensign, three shillings; a chaplain, ten shillings; an adjutant (holding no other office) six shillings; if in other office, three shillings; to a regimental quartermaster (holding, or not holding, any other office) the same as to an adjutant; to a serjeant-major, to be appointed from amongst the most expert serjeants, by the commanding-officer of the regiment, two shillings and sixpence; to a quartermaster-serjeant, two shillings and sixpence; to a serjeant,||Pay of officers, soldiers, and staff.|
|two shillings; to a drum-major, two shillings; to a corporal, drummer, and fifer, one shilling and eightpence; and to each private soldier, one shilling and fourpence; to a surgeon, ten shillings; and to a surgeon's mate, five shillings per day.|
|And be it farther ordained, That one company of artillery be forthwith raised, and taken into the pay of this colony, to consist of one captain, three lieutenants, one serjeant, four bombardiers, eight gunners, and forty eight matrosses; the officers to be appointed and commissioned by the committee of safety, and the non-commissioned officers and gunners to be appointed by the captain; the pay of whom shall commence on the days of their several appointments and enlistments, and be as follows: To a captain eight shillings, a lieutenant six shillings, a serjeant four shillings, a bombardier three shillings, a gunner two shillings and sixpence, and each matross two shillings per day; which company, when complete, shall be passed and reviewed by such person as the said committee of safety shall appoint, and take the oath and subscribe the articles directed by this ordinance for the other forces, and he subject to the like rules and regulations.|| Artillery company to be raised. |
Officers, bombardiers, gunners, matrosses.
|And for the greater security of the inhabitants of this colony from depredations of the enemy by water, Be it ordained, That the committee of safety shall, and they are hereby empowered and required to provide from time to time such and so many armed vessels as they may judge necessary for the protection of the several rivers in this colony, in the best manner the circumstances of the country will admit; and, to that end, to raise and take into pay a sufficient number of officers and men, as well as sailors as marines, whose pay shall be settled by the committee to safety, not exceeding the following rates, to wit: To a chief commander of the whole, as commodore, fifteen shillings, to a master ten shillings, a first mate, seven shillings and sixpence, a second mate five shillings, a boatswain three shillings, a common sailor, two shillings, per day; a captain of marines six shillings, a lieutenant four shillings, a midshipman three shillings, a marine one shilling and sixpence.|| Armed vessels to be provided by committee of safety.
Pay of commodore and other officers and sailors.
|Provided always, and be it farther ordained, That where the land service will admit of it, and the officers and soldiers of the regular forces shall be willing to enter upon any temporary expedition in such armed vessels,||When, and on what terms land forces may act in concert with naval.|
|they may be allowed so to do, and shall receive pay according to the rates afore-mentioned; which officers, sailors, and marines, may be removed or disbanded by the said committee of safety, as they shall judge expedient.|
|And be it farther ordained, That the colonel of each regiment, when detached from the main body, on a separate command, shall be allowed a secretary, to be appointed by himself, who shall be allowed for his services four shillings a day.||Secretary to colonels, when allowed.|
|And be it farther ordained, That every commissioned and staff officer shall be allowed a tent, and every two serjeants shall have the same allowance; and that for every six private men there shall be provided a proper and sufficient tent, and that one bell tent for each company shall also be provided, at the publick expense.||Tents.|
|And be it farther ordained, That for the more speedy supply of the forces with waggons, tents, bedding, arms, accoutrements, clothes, provisions, and all other necessaries, the committee of safety shall, and they are hereby required to appoint some fit person, or persons, to provide arms and accoutrements, clothes, waggons, tents, and bedding, upon the best and cheapest terms, and also to appoint one or more contractors or commissaries, who are hereby required to use all possible despatch in purchasing such provisions as shall be necessary for the army, and in laying off the same in such convenient place, or places, as may best suit their different stations and marches.||Arms, accoutrements and camp equipage, how provided.|
|And for the more regular pay of the army, It is hereby ordained, That the committee of safety shall appoint one paymaster to the other four of the said regiments, with a salary of £. 150 per annum each, and one assistant paymaster, who shall pay the troops on the frontiers, and shall be allowed such salary as shall be approved by the committee of safety for his services; which paymasters are also to act as muster-masters. And it shall and may be lawful for the said committee, from time to time, to issue their warrants to the treasurer, appointed by or pursuant to an ordinance of this convention, for paying the several recruiting officers, commissioners, commissaries, or contractors, and paymasters, by them appointed; and to all expresses, and other persons by them employed in lesser services, so|| Pay-masters to be appointed, by committee of safety. |
To act as muster masters.
|much money as the said committee shall judge necessary for their several purposes, taking proper security for the due disbursement and application thereof, and making a proper and reasonable allowance to the several persons so to be appointed, for their trouble and expenses in conducting either branch of business to him or them assigned. And the said committee of safety shall have full power and authority to displace and remove from his office any person so by them appointed, either for misconduct or neglect of duty. And the said treasurer is hereby required to pay all such sums as he may be directed, by such warrants, out of the publick money in his hands.||Removeable by committee of safety.|
|And be it farther ordained, That the said committee of safety shall have full power and authority, at such times and places as they may think necessary and convenient, to call al such persons who may receive any publick money, for carrying into execution the purposes of this ordinance, to a strict account; and, upon examining their accounts, and finding them justly stated, certify the same, and, if necessary, to give proper acquittances and discharges.||Power of committee of safety to call public agents to account.|
|And whereas it may be necessary, for the publick security, that the forces to be raised by virtue of this ordinance should, as occasion may require, be marched to different parts of the united colonies, and that the officers should be subject to a proper controul: Be it therefore ordained, by the authority aforesaid, That the officers and soldiers under their command shall, in all things, not otherwise particularly provided for by this ordinance, and the articles established for their regulation, be under the controul, and subject to the order, of the committee of safety.|| Army, in all things, to be under the controul of committee of
May be marched to different parts of United Colonies.
|And whereas, in this time of danger, it is probable, from the exposed situation of this colony, and the many navigable rivers and creeks therein, that the attempts of the enemy will be made on different parts thereof: For the better security and defence of the inhabitants, Be it farther ordained, That the regiments to be raised and augmented by virtue of this ordinance shall be stationed in such parts of the districts herein after mentioned as the committee of safety may judge most proper, that is to say: Between the rivers Potowmack and Rappahannock two regiments, between Rappahannock and York river two regiments, between York and James river two regiments, and on the south side of James|| Forces, where to be stationed.
Regiments assigned to different districts.
|river two regiments; and the said committee of safety shall have full power and authority, from time to time, to call the said regiments, or such parts thereof as they may think proper, to any place within this colony, to repel the invasion or attacks of the enemy; provided the forces so ordered shall return to their respective stations so soon as the emergency shall cease, any thing in this, or any former ordinance, to the contrary, notwithstanding.|| |
May be called to other parts, to repel invasions.
|And for preserving proper rank, and establishing equal pay, among all the officers of the continental army, Be it ordained, That all commissions already granted, or hereafter to be granted, by the committee of safety, in pursuance of this and a former ordinance of convention, to any regular officer, be, and the same are hereby declared void, as soon as such officer, or any other in his stead, shall be appointed or commissioned by the general congress; and the pay of every such officer shall, from the time of such appointment, and notice thereof to the committee of safety of this colony, be the same as shall be settled by the said general congress, any thing in this or the said ordinance thereof, in any wise notwithstanding.|| Officers commissioned by Congress, to supersede those by
Committee of safety; |
and their pay the same as settled by Congress.
|And whereas so much of the ordinance, intituled An ordinance for raising and embodying a sufficient force for the defence and protection of this colony, as relates to the performance of battalion duty by the minuteman, is found to be inconvenient: Be it farther ordained, That so much of the said ordinance, as requires the said duty, be, and the same is hereby repealed.||Former ordinance, requiring battalion duty, by minute-men repealed.|
|And be it farther ordained, That were the officers of minute-men heretofore appointed have failed to make up their companies, and shall not complete the same within thirty days after the passing of this ordinance, the committee of the county where any such failure hath happened are required to appoint other officers to such companies, in manner following, that is to say: Where a captain has not enlisted the number of twenty-five, a lieutenant eighteen, and an ensign twelve, in all such cases, the said committee shall appoint other officers in the room of such officers failing to enlist such number of men, unless the failure of making up any company has been occasioned by the men of the said company enlisting into the regular service; and the several minute captains are required, once in every month, to make return of the number of men enlisted||Officers of minute-men not completing their quotas of men, to be superseded by county committees.|
|into their companies to the commanding-officers of their respective districts, to be by them transmitted to the committee of safety.|
|And be it farther ordained, That if any officer of a minute company shall enter into the regular service, the committee of the county to which his company belongs shall appoint another officer to supply such vacancy; also, when any of the minute-men shall enlist into the regular service, the officer to whose company such soldier belonged shall forthwith proceed to recruit and enlist others in their room. And if any minute company shall be ordered into service before the same is complete; the same, if amounting to eighteen, shall go under the command of a lieutenant; and if under that number, to be commanded by the ensign of the said company.||Officers, or privates of minute men joining the regulars, how their places supplied.|
|And be it farther ordained, That each minute-man who shall furnish himself with a good musket, or other gun, to be approved of by his captain, shall be allowed by the publick ten shillings per annum, as a consideration for the use thereof, and shall be liable to a fine of twenty shillings for not appearing with the same when called on duty.||Hire of arms furnished by minute-men.|
|And be it farther ordained, That in lieu of the oath to be taken by the officers and soldiers, either of regulars or minute-men, as directed by the ordinance intituled An ordinance for the better government of the forces to be raised and employed in the service of the colony and dominion of Virginia, the following oath be by them hereafter taken (except by the people called quakers and menonists, who are required to make a solemn affirmation to the same effect) to wit: I A. B. do swear, that I will be faithful and true to the colony and dominion of Virginia; that I will serve the same to the utmost of my power, in defence of the just rights of America, against all enemies whatsoever; that I will, to the utmost of my abilities, obey the lawful commands of my superiour officers, agreeable to the ordinances of the convention and the articles of war, to which I have subscribed, and lay down my arms peaceably, when required so to do, either by the General Convention or General Assembly of Virginia. So help me God. Which oath shall be administered to the general and field-officers of the regulars by the committee of safety, and to the other commissioned officers of safety, and to the other commissioned officers by the district or county committee by whom such officers shall be appointed;|| Oath of officers and soldiers altered. |
by whom administered.
|and shall be administered to the other inferiour officers, and men, by a justice of the peace, or any county or corporation committee-man, within twenty four hours after the time of enlistment.|
|And whereas, by a new election of committee-men throughout this colony, pursuant to an ordinance of the last convention, the power of the deputies elected to form the district committees is supposed to be at an end, Be it therefore ordained, That the committees of the several counties and corporations within this colony, where the same hath not been already done since their last election, shall appoint such a number of their members respectively, as, in the former ordinance for raising the forces, is limited and directed, to meet in district committees, who shall do and perform what remains to be done by such committees respectively, for carrying into execution this and the former ordinance, and so, as often as a dissolution of any committee, and a new election of others, shall take place, they shall proceed in like manner, to the new election of deputies to represent them in district committee.||District committees, when and how formed.|
|Provided always, and be it farther ordained, That where it shall be necessary to appoint a new captain or subaltern commissioned officer of minute-men, upon the death or resignation of one formerly nominated, or on his failing to raise the number of men required by this ordinance, in that case, the appointment of such officer shall be made by the committee of the county or corporation wherein the company was to be raised; and that all vacancies among the field-officers of the minute-men shall be filled up by the district committees, having regard to a regular succession of the officers, according to their rank.|| Captains and subalterns of minute-men to be appointed by county
and field-officers by district committees.
|And whereas, by the former ordinance, the committee of safety are restrained from granting commissions to the officers in the minute service until a return is made of the completion of the battalions throughout the colony, which is found inconvenient; Be it therefore ordained, That, upon a certificate of the review of any company of minute-men, as in the said ordinance is directed, the committee of safety shall issue commissions to the captain and subaltern officers appointed to command such company, bearing date on the day they were or shall be reviewed; and, as soon as four companies in any district shall appear to have been reviewed, shall grant a commission to the major, bearing date the day||Officers of minute-men may be commissioned before a return of the completion of all the battalions.|
|of the last company's review; where seven companies are completed, shall also grant a commission to the lieutenant-colonel, bearing the like date of the review of the last company; and when the whole battalion is completed, shall grant a commission to the colonel, to be dated the day of such completion; any thing in the said former ordinance contained, to the contrary, notwithstanding.|
|And be it farther ordained, That where minute companies are called into duty together from several districts, and no field-officer shall attend from either, the committee to safety may appoint any field-officer in the minute service to take the command of such detachment, during the time of their continuance in actual service.||When committee of safety may appoint field officer, to command minute companies.|
|And be it farther ordained, That hereafter no dissenting minister, who is not duly licensed by the general court, or the society to which he belongs, shall be exempted from bearing arms in the militia of this colony; and that overseers, heretofore exempted, shall be obliged to furnish themselves with arms and ammunition, in the same manner as the militia men, and shall be obliged to act as patrollers when thereto required by the commanding-officer of the militia of the county, or corporation, wherein they reside; and if any militia man, or overseer, shall neglect or refuse so to do, he or they so refusing shall be liable to a fine of five shillings for every neglect or refusal, to be recovered and appropriated in the same manner as the militia fines are directed to be recovered and appropriated.|| Dissenting ministers not exempted from militia duty, unless
Overseers, exempted, to furnish arms, and act as patrollers.
|And for the more expeditious, convenient, and speedy draughting into service detachments of the militia of this colony, as occasion may require, Be it farther ordained, That, at the general muster of the militia, to be had in the month of March next, the commanding-officer of each county or corporation shall, by fair and equal lot, cause to be drawn out of each company so many men as will amount to one tenth part thereof, and cause the names of the persons so allotted to be enrolled, who shall from thenceforth be considered as the first division of militia for such county or corporation; and that the commanding-officer shall in like manner proceed, by lot, to fix, one after the other, the nine other divisions of the said militia, enrolling their names in the second division, third, and so on, according to such allotment; and thereafter, if the militia of such county or||Drafts of militia, how made.|
|corporation shall be called into duty, the same shall be performed by the divisions, in the order they shall so stand enrolled, one after another, so as to preserve the regular rotation of duty amongst them. And every person so enrolled, who shall fail to attend, when required, or find an able-bodied man to serve in his room, shall be subject to the fines imposed for the like offence by the said recited ordinance, to be by the commanding-officer laid out in bounties to such volunteers as shall be willing to serve in the room of the persons so refusing, if to be had, or otherwise to be appropriated as in the said ordinance is directed.|| |
Penalty for failing to attend, or find a substitute.
|And be it farther ordained, That the commanding-officer shall appoint proper officers to command the men so called into duty, according to the number, during the time of their being employed in actual service, having regard to the seniority and rank of the officers of the county or corporation in such appointment.||Officers to command drafts, how appointed.|
|Provided always, That if there shall, at any time, be a sufficient number of men, who will voluntarily enter into the service, to answer the demand made upon the militia, of any county or corporation for such assistance, in that case, such volunteers shall be accepted instead of calling on the divisions, as before directed.||Volunteers may be accepted, in lieu of militia.|
|And be it farther ordained, That the militia or volunteers to be employed, if not well armed, shall be furnished with arms out of such as belong to the county or corporation, to be returned as soon as they shall be discharged from the service.|
|And whereas, by a former ordinance, the militia and minute-men are exempted from musters in the month of February, which may be attended with inconvenience to the country, by retarding the discipline of those bodies of men. Be it therefore ordained, That so much of the said recited ordinance, as relates to exemption, be, and is hereby repealed; and that the minute-men and militia shall do duty in the above-mentioned month, in the like manner as is directed for the rest of the year.||So much of former ordinance as exempts from duty in month of February repealed.|
|And be it farther ordained, That the commanding-officer of the militia of any county shall, when called out on duty, receive the same pay as the like officer in the minute service.||Pay of commanding officer of militia, when called into service.|
|And for the greater encouragement and promotion of the service, Be it farther ordained, That there shall be advanced and paid to the several regular soldiers|
|hereafter to be enlisted a bounty of twenty shillings upon their enlistment; and that the several regular soldiers already enlisted shall be allowed the like bounty of twenty shillings on their re-enlistment, to serve for such time as the troops hereby to be raised shall be enlisted to serve; and that all regular soldiers and non-commissioned officers shall be exempted from the payment of their personal taxes, during their continuance in the service. And if any of the regulars, minute, or militia-men aforesaid, shall be so maimed or disabled as to be rendered incapable of maintaining themselves, they shall, upon their discharge, be supported at the expense of the publick.|| Encouragement to enlist, in regular service. |
Exemptions from personal taxes.
Pensions to regulars, minute-men, & militia.
|And be it farther ordained, That the court-martial of each county and corporation shall; and they are hereby required to appoint a collector of all fines to be assessed at each sitting of such court, by virtue of this and a former ordinance of convention, who shall enter into bond, with sufficient security, for the due collection and accounting for all fines by them collected in consequence of such appointment, and is hereby required to demand and receive the several fines ordered by the courts-martial respectively to be levied; and in case of non-payment, on or before the tenth day of May, annually, to levy the same by distress and sale of the goods of the person refusing, according to the laws enabling the sale of goods distrained for rent. And if any collector shall fail to account for and pay what he shall have received, or might have received, of such fines, to the receiver appointed for that purpose, deducting six per centum for his commissions in collecting, it shall be lawful for the court of the county or corporation, upon motion of the receiver, to give judgment for the same, with costs, against such collector and his securities, his or their executors and administrators, provided they have respectively ten days previous notice of such motion.|| Collectors of fines, how appointed. |
Remedy, by distress.
Motion against collector, for failure to pay.
|And be it farther ordained, That the fines inflicted for disobedience to this ordinance shall be levied and applied as the fines are directed to be levied and applied as the fines are directed to be levied and applied by the ordinance intutuled An ordinance for raising and embodying a sufficient force for the defence and protection of this colony.||Fines, how appropriated.|
|And to prevent the harbouring of deserters from the forces, already, or hereby to be raised: Be it farther ordained, That whoever shall harbour or conceal any||Penalty for harbouring deserters.|
|person, being a deserter, and knowing him to be such, for every such offence shall forfeit and pay the sum of five pounds, or, on failure thereof, receive ten lashes on his or her bare back.|
|And be it farther ordained, That the treasurer of this colony shall and may apply the money which may be in his hands, pursuant to an ordinance of the last convention, for the purposes of that and the other ordinances and resolutions of this and a former convention; and if there shall be a deficiency, and the continental congress should not supply it, by taking our troops, or part of them, into their pay, this convention will make a farther provision for the troops raised, or to be raised.||General appropriation for pay of army, if Congress should not take troops in their pay.|
|And whereas the paper on which the treasury notes were directed to be issued, by an ordinance of the last convention, falls much short of the quantity expected: Be it farther ordained, That the treasurer of this colony for the time being shall, and he is hereby authorised to procure a sufficient quantity of other proper paper, to make up the deficiency; to be used as directed by the said ordinance, and for the purposes therein and hereby appointed, and no other.||Supply of paper, for paper money, how procured.|
|Pages 53-74||Pages 92-107|