|Pages 300-320||Pages 344-366|
| AT A |
BEGUN AND HELD
|Thomas Jefferson, esq. governor.|
|[Chan. Rev. p. 130.]|
|I. WHEREAS various constructions have been made, and doubts have arisen on several parts of the act entitled "An act for calling in and redeeming the money now in circulation, and for emitting and funding new bills of credit according to the resolutions of congress of the eighteenth of March last;" and it is necessary that the same should be explained and amended. Be it therefore enacted, That the treasurer of this commonwealth shall, and he is hereby empowered and required to give in change, the money to be emitted by|| See ante p. 241. |
Treasurer to exchange paper money.
|* In the original none of the acts of this session are numbered by chapters, nor are they separated by sections. −− Such only as were published in the Chan. Rev. will be so noted in this edition.|
|virtue of the said recited act for the money now current, except the money emitted by virtue of an act of the last session entituled, "An act for emitting and funding a sum of money for supplying the present urgent necessities of this commonwealth," at the rate of one dollar of the former for forty of the latter, to any person willing to change the same.|
|And be it farther enacted, That there shall be collected paid, and distrained for, the pound rate of ninety pounds of the money now in circulation, for every hundred pounds value of property assessed by virtue of the said act, to be paid at three equal payments; that is to say: the sum of thirty pounds on the first day of January next, and the like sum at each of the periods of the fifteenth day of April and the fifteenth day of September then next following, and no more. That every gallon of brandy or other spirits distilled from grain, and every marriage and ordinary licence, shall and they are hereby declared to be only once subject to the payment of the tax imposed thereon, instead of paying the same at each of the periods before mentioned. And that all taxes imposed prior to the passing of the above recited act, except the specific taxes heretofore established shall cease, and be discontinued on the last day of December one thousand seven hundred and eighty.|| Taxes payable on assessed property. |
All other taxes to cease, except specific.
|III. And whereas the money emitted by an act of the last session of assembly, agreeable to the resolutions of congress of the 18th of March last, hath not been declared a legal tender, and it is politic and expedient that the money so emitted should receive all due credit among the good people of this commonwealth: Be it therefore enacted, That the money emitted by virtue of the said act, shall be received and passed as a legal tender in discharge of all debts and contracts whatsoever, so long as the same shall continue in circulation, except specifick contracts expressing the contrary: Provided always, That the said money shall be passed and received in all cases at the rate of one dollar thereof for forty dollars of the money now in circulation, agreeable to the said resolutions of congress of the 18th of March last.|| |
This money declared a tender at one for forty.
|IV. And be it farther enacted, That the money emitted by virtue of another act of the same session entitled "An act for emitting and funding a sum of money||Also the money issued by another act of May 1780.|
|for supplying the present urgent necessities of this commonwealth," shall be receivable in discharge of any tax or duty whatsoever, and shall in like manner be received and passed as a legal tender in discharge of all debts and contracts, so long as it shall continue in circulation (except as before excepted) and the treasurer is hereby empowered to exchange the money emitted by the said act, and so received in taxes for the continental money now in circulation emitted prior to the passing of the said act.|
|V. And be it farther enacted, That four tenths of the money emitted, agreeable to the said resolutions of congress of the 18th of March last, be retained in the office of the commissioner of continental loans within this state, to be by him applied agreeable to the directions of the act adopting the said resolutions; and the said commissioner is directed to certify to the auditors of the publick accounts, all drafts or requisitions which may be made upon him by any order or resolution of congress, to be by them stated in account with the United States.||Appropriation of this money.|
|VI. And be it farther enacted, that the proprietors of the lots in the towns of Norfolk, Portsmouth, and Suffolk, the houses and improvements thereon, being destroyed either by the act of convention in 1776, or by the British army since that time, shall, and are hereby declared to be exempt from the payment of the taxes imposed by the said first recited act. Provided, That the lots in the said towns, the property whereof hath been since transferred or new improvements made thereon, shall, notwithstanding the above exemption be still subject to the payment of the said taxes.||Certain lots in Norfolk, Portsmouth, and Suffolk, exempted from taxes.|
|VII. And whereas, since the assessment directed to be made by the said first recited act hath been compleated, some of the good people inhabiting the counties on the eastern frontier of this commonwealth, have been deprived by the British army of many assessed articles of their property; Be it therefore enacted, That the commissioners of the tax in each of the counties, which have been thus distressed, may, and they are hereby empowered, upon satisfactory testimony being produced to them, that any person within their respective counties hath been deprived as aforesaid, of any assessed article of his property, grant a certificate||Also certain persons on the eastern frontier.|
|thereof to such person, directed to the collector of their county, who upon receipt of such certificate shall refund the amount of such persons tax upon such article or articles of property as shall be contained in the commissioners certificate, if such tax hath been collected, or if it hath not been collected, then the said collector shall cease to make any collection for such assessed articles of property.|
An act for granting pardon to certain offenders.
|WHEREAS a number of ignorant people in the south western parts of this state have been deluded and misled by the emissaries of the common enemy, who have given a fresh proof that they spare no expense, and employ means the most dishonourable for accomplishing their purposes, bribing and seducing where their valour cannot subdue, and imposing by direct falsehoods upon the credulous, ignorant, and unwary, whereby some of the citizens of this commonwealth have been induced to take an oath of allegiance to the king of Great Britain, and engaged to enlist for or into his service: And whereas it is represented to this general assembly, that the said offending citizens have repented of their crimes and are humbly and sincerely solicitous to obtain pardon from their injured and offended country, and it is expedient to extend mercy and clemency to them; Be it enacted by the General Assembly, That all and every person and persons whatsoever in the counties of Henry, Bedford, Pittsylvania, Botetourt, Montgomery, and Washington, who shall previous to the first day of November in the present year, have been guilty of taking an oath of fidelity to the king of Great Britain, since the expiration of the year one thousand seven hundred and seventy six, or enlisting others, or engaging to enlist themselves or others into the service of the said king; and who have|| Preamble. |
Pardon granted to those persons in the counties of Henry, Bedford, Pittsylvania, Botetourt, Montgomery & Washington, who have taken the oath of allegiance to the British king, since 1776, or enlisted themselves or others in his
|not superadded to the taking such oath and enlistment, any overt act criminal by law, shall and may go before some justice of the peace in any one of the said counties on or before the last day of February next ensuing, and take the oath of fidelity to this commonwealth, and subscribe the same in the presence of the justice administering it. And whereas Joseph Greer, Wayman Sinclair, John Wilks, William Chuke, Jacob Feazle, Anthony Epperson, John Ayres, Thomas Hunt, Richard Bandy, Rowland Wheeler, Josiah Meadows, Randolph Richardson, Joseph Wilson, Daniel Huddleston, Thomas Watts, and Edward Hore, were lately committed in order to their trial for the offences before recited, several of whom now remain in close confinement, and others of them were lately enlarged upon bail, and it is just that the benefit of this act should be also completely extended to them; Be it farther enacted, That all and every of the persons before named and now in the publick jail, may take and subscribe the oath of allegiance in the presence of some justice of the peace of the county of Henrico; and upon certificate to the governour from the justice administering the same, and notification thereof from the governour from the justice administering the same, and notification thereof from the governour to the keeper of the publick jail, shall be by him discharged; and that every of the persons before named who were lately enlarged by the judges of the general court upon bail, may take and subscribe the same oath before some justice of the peace of the said connty of Henrico, or of the county in which he resides, and upon certificate thereof from the justice to the judges of the general court, produced at any day of their session in the month of December in the present year, one thousand seven hundred and eighty, or on the first day of their session in the March next, shall be fully discharged from his recognizance. And every such person herein before named or described, and so taking and subscribing the said oath, shall from thenceforth be held, deemed, and taken to be fully and absolutely pardoned, exempted, cleared, and exonerated from all and every punishment, pains, and penalties whatsoever for the said offences.|| service, on their taking the oath of allegiance to this
Benefit of this act extended to certain persons now in the publick jail.
|And be it farther enacted, That every justice administering the said oath to such persons shall, within one month thereafter, return to the clerk of his county, a list of the persons who shall take the same, and make|
|the said subscription, to be by the said clerk fairly transcribed, and safely kept in his office. Provided always, That this act shall not extend to pardon, exonerate, or exempt from punishment, any person or persons guilty of other crimes than taking an oath of fidelity to the king of Great Britain, and enlisting for or into his service. But that every person guilty of any other crime whatsoever; and every person so as aforesaid, guilty of taking such oath of fidelity to the said king, or enlisting for or into his service, who shall fail or refuse to testify his repentance for so doing by taking and subscribing the oath of fidelity to this commonwealth, on or before the said last day of February as aforesaid, shall be held, deemed, and taken to be punishable in like manner as if this act had never been made.|
|This act shall be published by the sheriffs of each of the counties of Henry, Bedford, Pittsylvania, Botetourt, Montgomery, and Washington, within their respective counties, at the courthouse of the county, on some court day before the last day of January next.|
|WHEREAS the continuation of the present war arises in great measure from deficiencies in supplying the necessary quotas of troops and from their temporary enlistments when furnished, which hath induced congress and the commander in chief strongly to recommend the completion of this state's quota of men, by soldiers engaged for the war; Be it enacted by the General Assembly, That three thousand able bodied men shall be forthwith raised for the said purpose, to be arranged in such corps or battalions belonging to this commonwealth as the commander in chief of the|| Preamble. |
Additional troops for the war, to be raise.
|continental army shall direct. The several counties and corporations of this commonwealth (except the county of Illinois and the counties within the territory lately in dispute, between this commonwealth and the state of Pennsylvania) except the county of Monongalia, shall furnish within fifty days after their militia shall have been laid off into divisions (including such of the militia as have been consigned over to the regular service for any term not exceeding eight months) as herein after directed, the following numbers of men respectively, to wit. The county of Accomack seventy four men, the county of Albemarle fifty six men, the county of Amelia, sixty nine men, the county of Amherst fifty five men, the county of Augusta eighty men, the county of Bedford ninety four men, the county of Berkely sixty eight men, the county of Botetourt, forty eight men, the county of Brunswick including the county of Greensville seventy four men, the county of Buckingham thirty eight men, the county of Caroline fifty nine men, the county of Charles City nineteen men, the county of Charlotte forty men, the county of Chesterfield fifty two men, the county of Cumberland thirty men, the county of Culpeper one hundred and six men, the county of Dinwiddie forty six men, the county of Elizabeth City ten men, the county of Essex thirty nine men, the county of Fairfax forty nine men, the county of Fauquier sixty nine men, the county of Fluvannah eighteen men, the county of Frederick seventy three men, the county of Gloucester fifty two men, the county of Goochland thirty four men, the county of Green Brier thirty four men, the county of Halifax seventy men, the county of Hampshire sixty three men, the county of Hanover sixty one men, the county of Henrico thirty eight men, the county of Henry forty nine men, the county of James City twelve men, the county of Isle of Wight forty men, the county of Jefferson twenty four men, the county of Fayette eighteen men, the county of Lincoln forty nine men, the county of King and Queen thirty five men, the county of King George twenty six men, the county of King William twenty nine men, the county of Lancaster fourteen men, the county of Loudoun one hundred and seventeen men, the county of Louisa forty three men, the county of Lunenburg thirty eight men, the county of Mecklenburg sixty men, the county of Middlesex||Number to be furnished by each county.|
|fourteen men, the county of Monongalia south of Mason's and Dixon's line being extended to the Ohio thirty men, the county of Montgomery thirty eight men, the county of Nansemond forty six men, the county of New Kent twenty five men, the county of Norfolk fifty six men, the county of Northampton thirty one men, the county of Northumberland forty three men, the county of Orange thirty seven men, the county of Pittsylvania forty five men, the county of Powhatan twenty two men, the county of Prince Edward thirty four men, the county of Prince George twenty six men, the county of Princess Anne thirty seven men, the county of Prince William forty eight men, the county of Richmond thirty two men, the county of Rockbridge thirty eight men, the county of Rockingham forty nine men, the county of Shenandoah fifty seven men, the county of Southampton fifty two men, the county of Spotsylvania forty two men, the county of Stafford forty five men, the county of Sussex forty two men, the county of Warwick seven men, the county of Westmoreland thirty men, the county of Washington forty three men, the county of York fourteen men, and the city of Williamsburg nine men. And in order to raise an adequate bounty for the purpose of enlisting the said men upon the most just and equal terms; Be it farther enacted, That all persons within this commonwealth, shall be compelled and are hereby required to pay two per centum on all property taxed in specie, under the act intituled "An act for calling in and redeeming the money now in circulation and for emitting and funding new bills of credit according to the resolutions of congress of the eighteenth of March last," which said two per centum shall be paid either in specie, in the new bills of credit emitted under the resolutions of congress of the eighteenth of March last, in any other paper money current in this state at the rate of forty for one, in crop tobacco inspected since the first day of April last at the rate of seventy pounds of the last mentioned currency per hundred, or in good merchantable hemp at the rate of three hundred pounds of the like currency per hundred; provided that shch hemp be previously delivered to a commissary appointed by virtue of an act intitled "An act for laying a tax payable in certain enumerated commodities," who shall give a|
|certificate for the same, expressing the weight thereof and the name of the proprietor; and the commissioners of the tax are hereby empowered to dispose of such hemp for the best price that can be obtained, so that it be not less than the rate aforesaid; and they shall transmit to the governour within twenty days after the day of draft, all such certificates and tobacco notes which remain undisposed of, and in no other alternative or certificates whatsoever.|
|And that the said tax or bounty may be collected in the most expeditious manner, It is farther enacted, That the commissioners of the tax in each county shall be furnished by the executive with a copy of this act as soon as may be, and shall immediately upon the receipt thereof, give directions either to an assessor or to some other person within each hundred to collect the same, which collector shall proceed immediately so to do, and if any person liable to the said tax shall not within fifteen days after having received notice of the amount of his tax discharge the same, the said collector shall have power to distrain for it in the like manner as is done for the other taxes; the said collector shall within forty days after his appointment, account for and pay to the said commissioners, or such of them as are not county lieutenants or commanding officers of the militia, all monies, tobacco notes, and certificates for hemp, to be by him received under this act, deducting thereout three per cent. on the amount of his collection, which shall be allowed him for his trouble. So much of the money thus received by the said commissioners as will be sufficient to discharge in their county the bounties hereafter expressed, shall be by them paid to the several recruits on the day of draft; and if the tax to be raised in any county shall be insufficient to discharge the bounties due to the recruits raised in the county, the commissioners shall on the said day of draft, distribute the money as far as it will go among the several recruits and drafts, in proportion to the bounties hereby allowed to each, and they shall moreover state to the treasurer an account of the men raised in their county, distinguishing between those who enlist voluntarily for the war or for three years, and those who are drafted, and draw on him for||Taxes, when and how collected.|
|the balance due to the several divisions, which money shall be paid to the first man named on each division, so as to make up the full bounty hereafter allowed. The said commissioners shall take bond of each collector in double the amount of the money to be by him collected, for the faithful discharge of his duty, and if he should fail to account for and pay the money at the day appointed, the commissioners are hereby empowered and required to distrain on him for the amount of the same, in like manner as he may distrain on others. If the commissioners should fail to pay the money after they have received it, the commanding officer of the militia shall, on previous notice being given, obtain a judgment against them on motion for the amount of the said tax, either in the court of their county or in the general court, and they shall moreover for this or any other neglect of duty, be subject to the penalty of fifty thousand pounds of tobacco each. If any collector shall refuse to act when appointed, or shall in any other manner neglect his duty as herein defined., he shall forfeit and pay fifteen thousand pounds of tobacco.|
|And be it farther enacted, That the county lieutenant or commanding officer of each county or corporation within this commonwealth, except as is before excepted, shall immediately after the receipt of this act, summon the field officers of his county or corporation, the four senior magistrates, not being field officers, and the commissioners of the tax, to meet at such place as he shall appoint, within ten days after due notice to them given; which said field officers, magistrates, or a majority of those attending, having first taken an oath, to be administered by the senior magistrate then present to the other members, and by some one of the others to him, to do equal and impartial justice to the best of their judgment therein, shall, with the assistance of the captains or commanding officers of the several militia companies, who shall also be summoned to attend with their rolls, distinguishing carefully thereon, invalids, those persons who may be under eighteen years of age, those who may have come within the district of his company to reside, and also those who may have removed or died since the delivery of his last list to the lieutenant of the county; all which informations shall be given on oath, proceed to lay off and divide||Mode of recruiting men for three years or the war.|
|the militia, including all the commissioned and non-commissioned officers under the age of fifty years, into as many divisions as the number of men required by this act shall make necessary, taking care to number each division, which the commissioners shall keep a copy of; and that each division shall, taken collectively, possess as nearly as may be an equal share of property, to be averaged according to the said assessment in specie, all men who have been adjudged to serve six months in the army, in consequence of delinquencies on the late invasion, and those who may have taken paroles of the enemy on the late invasion, not being taken in arms, shall be included in the said divisions, and drafted with the rest; and any division may get a recruit out of such six months men, or any eight months men then in service; the divisions thus constituted may appoint some one of their body to recruit a man to serve in the continental army during the war, or for the term of three years. And in order to encourage enlistments, the sum of twelve thousand dollars shall be paid by the commissioners of the county to each recruit for the war, and the sum of eight thousand dollars to each recruit for three years, provided the above tax shall produce so much in their county, and if it shall prove deficient, the said division may compound therefor with their recruit, and the balance shall be repaid them as soon as the commissioners shall draw if from the treasury as before directed. And each recruit, and also all our soldiers now in service that have already enlisted, or who may hereafter enlist by the said first day of April next to serve during the war, and who shall continue to serve faithfully to the end thereof, shall then receive a healthy sound negro, between the ages of ten and thirty years, or sixty pounds in gold or silver, at the option of the soldier in lieu thereof, to be paid for, or procured by equal assessment on property; and moreover be entitled to three hundred acres of land, in lieu of all such bounties given by any former laws.* Provided, that no|| Additional bounties. |
Land bounty; 300 acres to soldiers who have enlisted, or shall enlist, and serve to the end of the war.
|* On the subject of land-bounties, see the note to page 161 of this volume, in which a reference to this act was omitted.|
|The provisions of this act, which grants 300 acres of land to soldiers who had enlisted or should enlist for the war, and who should serve to the end thereof, instead of 200, as by the former act of October 1779, (ante p. 160) have been entirely overlooked, in practice. The reason is very obvious; those who were|
|[This footnote concludes on the following page]|
|soldier shall alienate or assign his title to the said land or slave, until his time of service shall expire. The|
|[This footnote began on the previous page.]|
|called upon to execute the various laws, upon this subject, naturally looked to the Chancellors' Revisal, as containing all the laws, in relation to land-bounties. But unfortunately, in that collection, which was a mere compilation, (See note to vol. 9, p. 176) a great number of acts were omitted, the titles only being published. Such was the case with the act before us. It is remarkable that, at this same session, the proportion of land bounty to officers was encreased one third, in addition to any former bounty, (see post chap. 27, sec. 4;) and it is but reasonable to suppose that the legislature intended the same liberality to the soldiers. But the title of this act, only, having been printed in the Chancellors' Revisal, and the act at large, granting an encrease of bounty to the officers, being published in that collection, the officers received their full quantity, while the soldiers have never received any land under this law.|
|Upon the whole, nothing seems clearer than that, all our soldiers who were in service at the passage of this act, who had already enlisted, or who might thereafter enlist by the first day of April 1781, to serve during the war, are entitled to 300 acres of land, in lieu of all such bounties given by any former laws. The former bounty, we have already seen was 200 acres.|
|It may be asked, why was not this law practised upon after the revolution? And why has it been permitted to remain so long a dead letter upon our statute book? If the want of its publication in the Chancellors' Revisal already noticed should not be deemed sufficient, other reasons may be offered. The act itself, is a very long one, occupying nearly five quarto pages, in the original, not separated by sections, and wanting marginal notes, nor is there any thing in the title which would lead to the conclusion that it contained any such provisions, as those found to exist in it. The Chancellors, in their compilation, no doubt glancing at the title, and perceiving it to be "An act for recruiting this state's quota of troops to serve in the continental army," had no difficulty in writing in the margin "Had its effect" and directing the title only to be published. The editor of this work candidly acknowledges that, although for upwards of thirty years he has made the laws of Virginia an object of his peculiar research; although for several years of that period he was a member of the executive council, and often called on, in his official capacity, to pass on claims for land bounty, and sincerely thought he had examined and noted every law in relation to that subject; yet that he never did read more than the title of this act, until the present day (August 1822) when he was compelled to read the whole act, in order to annotate it for the press. But is it more extraordinary that this act should pass unnoticed, which was never published in the Chancellors' Revisal, than that the act of May 1782, chap. 47, sec. 9, which gave an additional bounty for eery year's service over six, and which found a place in that collection, should not have been acted upon until many years had elapsed, and many hundreds of warrants had been acted upon until many years had elapsed, and many hundreds of warrants had been issued, without that addition to officers and soldiers, who, after the discovery of the law, received their additional allowance. yet such was the fact.|
|said recruiting officer shall not enlist a man out of any other division, until such division shall have procured a man for itself. The county lieutenant or other commanding officer of the county or corporation shall assemble, before the said fiftieth day after the receipt of this act as aforesaid, his militia, at such place as he shall appoint; and if any division shall then fail to deliver a recruit as aforesaid, fit for present duty, between the ages of eighteen and fifty years, of able body and sound mind, who is neither a prisoner of war, a deserter from the enemy, nor engaged to serve for a longer term than eight months. The said commanding officer, together with the field officers and captains, or a majority of those present, shall immediately proceed to draft an able bodied man, by fair and impartial lot, out of such division, to serve in the continental army during the term of eighteen months, to be computed from the time of such draft, who may nevertheless be permitted to procure a substitute to serve for the said term of eighteen months, at any time within ten days after such draft. No man shall be drafted, unless it shall appear to the said commanding officer that he comes within the above discription of a recruit; neither shall any recruit or substitute be accepted of by him, unless he comes up to such discription. The said draft shall also be allowed the sum of four thousand dollars, to be paid him by the said commissioners, out of the funds hereby provided. The said commanding officer of the militia shall, within thirty days after such draft, make a return to the governour of the number of men raised within his county; and also the particular number of each division.|| |
If quota not recruited, to be drafted for eighteen months.
|And be it farther enacted, That the said commanding officer of each county may, after the said day of draft, furlough the soldiers obtained under this act for the space of ten days, after which they shall be marched to such places, and under such regulations as the governour and council shall direct, at which place the said recruits shall be received by an officer to be appointed by the governour, with the advice of council, for that purpose, who shall give to the officer delivering the said recruits, a receipt in the name of the commanding officer of the county or corporation furnishing the men, specifying their number, and the time for which they are enlisted, and shall also transmit to the||Troops, how furloughed, reviewed, & rendezvoused.|
|governour, a duplicate of such receipt. The officer delivering the said recruits shall, at the same time give to the officer receiving them, a return to be made out for him by the respective commanding officers of militia, specifying in distinct columns, the names, age, size, trade, county from whence sent, place of residence, time enlisted for, date of enlistment, and whether drafted or enlisted, of each man. Every person failing to do his duty as herein directed, shall forfeit and pay the following sums of tobacco, to wit: A county lieutenant or commanding officer of militia, shall forfeit fifty thousand pounds; a field officer, magistrate, or commissioner, forty thousand pounds each; and each captain thirty thousand pounds of tobacco. All penalties imposed by this act shall be recovered with costs, in any court of record, on bill, plaint, or information, and be applied, one half to the informer, and the other towards lessening the levy of the county, or the whole towards lessening the said levy, where there shall be no informer, except in those cases where the mode of recover and application are particularly declared.|
|And be it farther enacted, That if any person on the day appointed for the draft shall behave himself mutinously or riotously, or endeavour to excite mutiny, riot, or resistance to the execution of this act, each person so misbehaving shall be, and he is hereby declared a soldier for the war, in this state's quota of continental troops. And for the purpose of enquiring into such offences, if any such there shall be, the commanding officer of any county where such misconduct shall take place, shall call a court-martial of field officers and captains of the county, or a majority of them, within six days after such draft, and upon due enquiry and proof produced of any such offender, the said court shall have power, and they are hereby directed to cause such offender or offenders to be arrested and conveyed, with the recruits obtained by this act, or sent to the army as speedily as the case can admit; Be it farther enacted, That any quaker or menonist, who shall be so drafted, shall be discharged from personal service; and the commanding officer at the time of such draft shall, and he is hereby required to employ one or more discreet persons to procure, on the best possible terms, a proper substitute or substitutes, to serve in his or their room for eighteen months; towards which the said substitute|| Mutiny, or resistance to this act, how punishable.
Quakers and menonists drafted, exempted from personal service, but a substitute to be furnished at expence of society.
|shall be paid the same sum to which a draft is entitled; and the overplus of the charge, if any, shall be adjusted and divided among all the members of the society of quakers or menonists in the county, in proportion to their assessable property, and to authorize the sheriff of the county, by warrant under his hand, to levy such charge by distress, in case any member refuses or neglects to make payment thereof within five days after the same is demanded, upon the goods or chattels of the person so refusing or neglecting. Where any desertion shall happen before the recruits are marched from the place of rendezvous within the county in which they were raised, the commanding officer of the militia, on notice thereof with a description of the deserter, shall take the necessary measures for his apprehension and delivery at the nearest place of general rendezvous within the state. Any soldier falling sick at the place of rendezvous, or in his march may, at the request of his officer, be delivered to any justice of the peace within the county, who shall grant a certificate of such delivery, and make provision for his maintenance and recovery, the charges whereof being adjudged reasonable by the court of the county, shall be paid at the publick treasury. It shall be lawful for any justice of the peace, upon application from the commanding officer of any detachment, to authorize such commanding officer of any detachment, to authorize such commanding officer to impress into the publick service as many waggons, teams, and drivers as the nature of the service may, in the opinion of the magistrate, require; the owner of which shall be allowed fifty pounds of tobacco per day, and be found as ususal, for each waggon, team, and driver; provided that no such impress shall extend to a longer period than six days, besides a reasonable time for returning home.|| Desertions, how guarded against. |
Sick soldiers provided for.
Waggons secured by impressment.
|And whereas it has been a practice of many tradesmen to entice their apprentices to enlist as soldiers, and to sell them as substitutes for large sums of money; Be it enacted, That if any tradesman or other person to whom any infant is, or shall be bound as an apprentice, shall directly or indirectly take or receive, or agree to take or receive any money or other gratuity in consideration of such apprentice, his enlisting as a soldier or sailor in any corps whatsoever, every such tradesman or person so offending, not being an able||Penalty on masters receiving any consideration for the enlistment of their apprentices.|
|bodied man under the age of fifty years, shall forfeit and pay double the sum of money or worth of such other gratuity so taken, received, or agreed for, to be recovered by action of debt or information, in any court of record within this state, one moiety thereof to the use of the informer, and the other moiety to the use of the commonwealth, to be applied as a bounty to enlist a soldier in the continental army during the war; and every such offender, being an able bodied man under the age of fifty years, and being thereof convicted before a court-martial, shall be deemed a soldier to serve in this state's quota of continental troops during the war, and shall be by the commanding officer of the militia of his county, delivered to some continental officer belonging to this state.|
|And whereas a practice has prevailed of enlisting men for small bounties and afterwards selling them to districts or divisions for higher bounties than was given such soldier, which has greatly injured the recruiting service; Be it enacted, That every person guilty of such offence, shall be subject to the same penalties as tradesmen and others enlisting or selling their apprentices are subject to. And whereas the penalties imposed by the laws now in force, have been found not sufficient to prevent evil disposed persons harbouring or concealing deserters, to the great injury of the army; Be it enacted, That if any person or persons whatsoever, other than a son harbouring or concealing his father, a wife her husband, or a mother her son, knowing the person so harboured or concealed to be a deserter from the continental army of this or any other of the United States or from the troops of this commonwealth, every person so offending, over and above the penalties heretofore inflicted by law, if a woman, or not being an able bodied man, under the age of fifty years, for every such offence shall suffer six months imprisonment or forfeit and pay five thousand pounds of tobacco, to be recovered by action of debt or on information in any court of record within this state, one moiety thereof to the use of the informer, and the other moiety to the use of the commonwealth, to be applied as a bounty to enlist a soldier in this state's quota of the continental troops during the war; and every such offender, being an able bodied man under the age of fifty years, being convicted thereof before a court-martial|| Penalty for selling recruits. |
Additional penalties for concealing deserters.
|of his county, shall be deemed a soldier to serve in this state's quota of continental troops during the war, and shall be by order of the commanding officer of his county, delivered to some continental officer belonging to this state. And that the penalties inflicted by this act, which are cognizable before a court-martial, may be inflicted, without delay, on all offenders, the county lieutenant or commanding officer of the county where the offence is committed, on information being made him, shall cause a court-martial to be held, to hear and determine thereon, to consist of five members, not under the rank of a captain, one of whom shall be a field office; and every officer failing to attend such court-martial, being summoned thereto, without a reasonable excuse, if a field officer, shall forfeit and pay two thousand pounds of tobacco; if a captain one thousand five hundred pounds of tobacco, to be recovered before any court-martial; one moiety of the same to be to the informer, and the other moiety to the use of the commonwealth, to be applied as a bounty to enlist a soldier in the continental army during the war. And be it farther enacted, That from and after the first day of April next ensuing, any person enlisting a soldier between eighteen and fifty years of age, of able body, sound mind, at least five feet four inches high, and not being a deserter from the enemy, or from any corps of regular troops in the service of this or the United States, to serve during the war in the troops of this state in continental service, or a soldier in any of the aforesaid troops, and delivering such soldier to a person to be authorized by the governour to receive such recruits in each county, shall be exempted from all future drafts and all musters of the militia, except in case of an insurrection or actual invasion of this state, and then shall be subject of serve within the state only. The better to authenticate the deliver of such soldier as aforesaid, the receiving officer shall grant to the party producing him, two receipts, one of which shall be transmitted to the governour, and the other kept by himself for his voucher; which last, with the governour's indorsation, certifying that a duplicate thereof hath been lodged with him, shall entitle the party enlisting such soldier to the exemption intended by this act.|| |
Person enlisting a soldier for the war, exempted from all further drafts or militia duty.
| CHAP. IV. |
An act for supplying the army with clothes, provision, and waggons.
|FOR furnishing a certain supply of clothing for the army, Be it enacted by the General Assembly, That each of the following counties and corporations shall furnish the number of suits of clothes annexed to each, and every suit shall consist of the following articles, to wit: Two shirts of linen or cotton, one pair of overalls, two pair of stockings, one pair of shoes, one wool, furr, or felt hat, or leather cap. the articles aforesaid shall be good in their kind and quality, of which the county lieutenants or commanding officers of militia in each of the counties and the corporation respectively, shall be judges. The county of Accomack shall furnish forty seven suits, the county of Albemarle forty seven suits, the county of Amelia one hundred and twelve suits, the county of Augusta forty six suits, the county of Amherst thirty eight suits, the county of Bedford, forty seven suits, the county of Botetourt sixteen suits, the county of Brunswick including the county of Greensville one hundred and two suits, the county of Buckingham thirty eight suits, the county of Berkeley seventy one suits, the county of Caroline ninety three suits, the county of Charles City thirty six suits, the county of Charlotte thirty two suits, the county of Culpeper seventy four suits, the county of Cumberland thirty eight suits, the county of Dinwiddie eighty two suits, the county of Elizabeth City fourteen suits, the county of Essex fifty two suits, the county of Fairfax forty four suits, the county of Fauquier fifty five suits, the county of Frederick seventy six suits, the county of Fluvanna thirteen suits, the county of Gloucester seventy suits, the county of Goochland forty six suits, the county of Greenbrier eight suits, the county of Halifax forty suits, the county of Hampshire twenty six suits, the county of Hanover eighty seven suits, the county of Henrico fifty five suits, the county of Henry twenty nine suits, the county of James City twenty two suits, the county of Isle of Wight forty two suits,||Clothing for the army, to be furnished by certain counties, in what proportion, and of what to consist.|
|the county of King George thirty eight suits, the county of King and Queen thirty eight suits, the county of King William fifty six suits, the county of Lancaster twenty five suits, the county of Loudoun fifty three suits, the county of Louisa forty one suits, the county of Lunenburg twenty nine suits, the county of Middlesex twenty two suits, the county of Mecklenburg fifty four suits, the county of Montgomery twenty three suits, the county of Nansemond forty two suits, the county of New Kent thirty five suits, the county of Northumberland thirty four suits, the county of Norfolk twenty seven suits, the county of Northampton thirty three suits, the county of Orange forty two suits, the county of Pittsylvania twenty suits, the county of Powhatan forty two suits, the county of Prince Edward thirty eight suits, the county of Prince George forty seven suits, the county of Princess Anne twenty five suits, the county of Prince William thirty nine suits, the county of Richmond thirty one suits, the county of Rockbridge seventeen suits, the county of Rockingham nineteen suits, the county of Southampton fifty suits, the county of Spotsylvania sixty suits, the county of Stafford forty suits, the county of Surry twenty eight suits, the county of Sussex forty suits, the county of Shenandoah twenty eight suits, the county of Warwick nine suits, the county of Westmoreland forty two suits, the county of Washington twenty three suits, the county of York twenty four suits, and the city of Williamsburg eleven suits. And be it enacted, That the four senior magistrates and the acting field officers or a majority of them in every county and corporation, shall on or before the first day of February next, meet at the court-house of the counties or corporation respectively, and lay out each county and corporation into as many districts as there are suits of clothes required from the county or corporation, taking care that the whole assessable property within the county or corporation be taken into account, and that each district shall include an equal amount thereof, as nearly as may be. Such justices and field officers shall, in each district, appoint some proper person to call upon the inhabitants of the same, to meet at some convenient place therein, within ten days after holding the court, and at the meeting of a majority of the said inhabitants, the particular contribution of each individual|| Mode of furnishing the clothing for the army, in each county.
|towards furnishing the said clothes, may and shall be fixed and determined by a majority of those present, observing the rules of equality as near as can be according to property; and such contributions allotted to each individual shall be furnished by him or her within fifty days after such meeting and deposited in the hands of the person appointed to call the district together, who is hereby directed to receive the same and grant receipts for such contributions, which shall exonerate the person to whom they are passed for so much, and the receiver in the district shall deposit the same in the hands of the county lieutenant or commanding officer within ten days after he shall receive them, which shall exonerate such receiver. If any district shall fail to produce the clothes required from it in fifty days as aforesaid, the receiver shall let to the lowest bidder the providing of the deficiency at some publick place in the district after five days publick notice thereof, and shall levy the expense accruing upon the goods and chattels of all or any of the persons so failing, in the same manner as distress for taxes is directed by law, to be made by warrant from a justice of the peace, directed to the sheriff or constable appointed for the purpose, who shall receive the usual fees for making such distress. If the person who is such lowest bidder shall fail to produce the clothes within thirty days after his undertaking, he shall forfeit double the value thereof, to be recovered by warrant before a justice, on five days previous notice. In case a meeting of each district, or a majority, is not obtained after due notice as aforesaid within ten days, the receiver shall proceed to let the furnishing the said clothes to the lowest bidder, in like manner as if delinquency had happened after a meeting and allotment as above, and the charge of furnishing them thus incurred, shall be distrained for, and the said lowest bidder liable to be prosecuted for his failure or delinquency as above is directed.|
|And be it enacted by the authority aforesaid, That each of the districts so as aforesaid laid off, shall cause to be delivered to a receiver within the county or corporation, to be appointed by the governour, with advice of council, at such time and place therein as shall be notified by the governour, one good beef, weighing at least three hundred weight nett, to be judged of by two indifferent persons on oath, the charge of procuring||Beef, for the army, how furnished by the several counties.|
|and delivering which shall be apportioned among the people of the district at their said meeting, according to property as aforesaid; and in case of failure, the receiving shall let the same to the lowest bidder as in the case of clothes, and in like manner levy the expense thereof upon the district or persons. The said justices and field officers shall, within sixty five days after their first meeting, hold a court at the courthouse of the county, for the purpose of enquiring into the manner in which the several meetings shall have been appointed and held, the several allotments or contributions in the districts have been made and complied with, and in general to enquire into all and every delinquent under this act; and for this purpose the several receivers shall attend the said court, with an account of their proceedings in the respective districts; and if it shall appear that there is remaining any deficiency from the districts, or any of them, either of beef or clothes, they may order and direct the same to be made up out of any money arising from penalties hereby inflicted on persons undertaking as lowest bidders for districts or parts of districts, or by ordering such proceedings against deficient districts or persons as shall most speedily and effectually produce such deficiency, whether of clothes or beef, always regarding equality as to property. Provided always, that five days previous notice of the proceedings to be had, be given to such delinquent person or district, or a majority of the persons therein concerned, by the receiver of the district. And be it enacted, That the magistrates and field officers holding such meetings or courts may appoint a clerk to attend them, and minute their proceedings, and allow him a reasonable compensation for his service, not exceeding twenty pounds per day for each day he is employed; and the said receivers in districts shall be paid ten pounds per day for each day they shall be actually employed under this act, to be paid by the treasurer out of the publick money in his hands. The said court shall transmit to the governour, without loss of time, an exact account of the contributions of clothes and beef actually received, noting how much of each remains uncollected. A justice or field officer failing to do his duty as herein is directed, shall forfeit and pay five thousand pounds of tobacco; a sheriff, receiver, or constable, ten thousand pounds of tobacco.|
|And be it enacted, That each and every of the counties and the corporation, from which suits of clothes and beef are directed to be procured, shall on or before the first day of March next ensuing, furnish and provide one good and serviceable waggon with a good cover and a team of four good horses and complete with a driver, who shall serve as a driver one month at the expense of such county respectively; and the courts of the said counties and corporation, are hereby authorized and required for this particular purpose, to meet at the court-houses on some day between the twentieth day of January and seventh of February next ensuing, and then and there assess and levy on the tithable persons or or the property in the said counties and corporation assessable in specie, as may best conduce to equality, in respect to property, a sufficient amount either in money, tobacco, or hemp, to make payment for the said waggon, team, driver, and all necessary charges attending the same, and shall out of such levy or assessment, cause to be made, due payment for the articles hereby required for the said county or corporation; and the sheriffs or collectors in every of the said counties and the said corporation, are hereby required to make the collection of the levies or assessments so to be made or required, and to distrain for the same on refusal or neglect of payment, and shall receive a commission for so doing as in case of collecting taxes, and the said courts may appoint some proper person to purchase the articles hereby required, and shall cause the said waggons and teams to be delivered at such place or places as the governour with the advice of the council shall direct, without delay, and in good order for immediate service. If any court hereby directed to meet, shall fail so to do, on or before the time required, or meeting, shall fail to make or order the levy or assessment hereby required to be made, every justice qualified to act in his office in such county or corporation, shall forfeit and pay three thousand pounds of tobacco; and in case the sheriff or collector shall fail or refuse to account for and pay the money, tobacco, or hemp, hereby directed to be collected by any county or corporation court, by the time limited, the said sheriff or collector shall forfeit and pay double the amount of the said money, tobacco, or hemp, so by him unpaid, to be recovered with costs on||Waggons, for the army, how furnished, by the several counties.|
|motion before the county or corporation court, on ten days previous notice to the sheriff or collector. If any county or corporation shall fail to produce the waggon and team as herein is required, at the time and place so as aforesaid, to be appointed, the governour with advice of the council is hereby empowered immediately to order prosecution against the justices, sheriffs, or collectors, who may have failed in their duty as required by this act; and out of the forfeitures such delinquents may have incurred, to direct purchases of waggons and teas to be made for the publick service. And to the end that proper information may be had of delinquencies, the clerk of every county and of the said corporation court, shall transmit to the governour within fifteen days after the last day appointed by this act for holding a court to make the levy, a copy of their proceedings, or in case no court shall be held, to certify the same, in order that prosecution may in that case be commenced against the offending justices. And be it enacted, That this act be transmitted by the governour to the first or eldest acting justice in every county or corporation, who is hereby required to summon the other justices to meet for the purpose of executing this act within the time as above-mentioned; and the charge of summoning such court, shall be levied on the county or corporation by the said court, in the aforesaid levy hereby to be made for obtaining the waggons and teams; and if the said first or eldest acting justice, shall fail to summon such court to meet as aforesaid, he shall forfeit and pay fifteen thousand pounds of tobacco, to be recovered and applied as before directed. Provided always, that the counties of Accomack and Northampton, shall be permitted in lieu of the waggon and team herein before described, to pay into the treasury on or before the time appointed for the delivery of the waggon, £.150 in specie, or the value thereof in current money, or twelve thousand pounds of crop tobacco, inspected since the first day of July, one thousand seven hundred and eighty.|
|Pages 300-320||Pages 344-366|