General Affembly, begun and held at the Capitol, in the City of Richmond, on Tuesday, the 10th day of November, in the Year of our Lord, 1795.

An Act to amend and reduce into ane act, the several a7s of Affembly for regulating the Militia of this Commonwealth.

[Paffed the 24th of December, 1795.1

WHEREAS the leited a, intitled, " of nat

HEREAS the Congress of the United States, did, at their feffion of one Preamble,

more effectually to provide for the national defence, by establishing an uniform Militia throughout the United States," and it is expedient for this Legislature to carry the fame into effect, fo far as refpests this itate:

I. BE it therefore enacted, That the counties of Accomack, Northampton, Counties compofing briPrincess Anne, Norfolk, and the Borough of Norfolk, thall compofe one brigade; gades and divifions of the counties of Nanfemond, Ifle of Wight, Southampton, Surry, Suffex and militia, Prince George, one brigade; the counties of Elizabeth City, Warwick, York, James City, Charles City, New Kent, Hanover, Henrico, and the Cities of Richmond and Williamlburg, one brigade; the counties of Gloucester, Mathews, Middlesex, Effex, King William, King & Queen, Lancafter, Northumberland, Richmond and Westmoreland, one brigade; and the faid brigades shall compofe one divifion: That the counties of Loudoun and Fairfax, shall compofe one brigade; the counties of Fauquier, Prince William, Stafford and King George, one brigade; the counties of Culpeper, Madifon, Orange, Spotfylvania and Caroline, one brigade; the counties of Louifa, Goochland, Fluvanna, Albemarle and Amherst, one brigade; and the faid brigades shall compofe one other divifion: The counties of Frederick and Berkeley, thall compofe one brigade; the counties of Rockingham, Augufta, and Shenandoah, one brigade; the counties of Wythe, Washington, Ruffel, Lee, Grayfon, and Montgomery, one brigade; the counties of Rockbridge, Botetourt, Greenbrier, Bath, and Kanawha, one brigade; the counties of Hampshire, Hardy, Pendleton, Randolph, Harrison, Monongalia, and Ohio, one brigade; and the faid brigades hall compofe one other divifion: The counties of Henry, Patrick, Franklin, Campbell, and Bedford, fhall compofe one brigade; the counties of Pittfylvania, Halifax, Charlotte, and Prince Edward, one brigade; the counties of Dinwiddie, Greenfville, Brunswick, Lunenburg, and Mecklenburg, one brigade; the counties of Chesterfield, Amelia, Nottoway, Powhatan, Cumberland, and Buckingham, one brigade; and the faid brigades fhall compofe one other divifion.

II. AND be it further enaced, That the counties of Loudoun, Berkeley, Culpeper, Shenandoah, Fauquier, Accomack, Amherst, Norfolk, Halifax, PittTylvania, Dinwiddie, Mecklenburg, Bedford, Albemarle, Brunswick, Montgomery, Wythe, Prince William, Hanover, and Frederick, fhall compose two regiments, and four battalions each; that the counties of Middlefex and Effex, Thall each compofe one battalion, which two battalions fhall compofe one regiment that the counties of Westmoreland and Richmond hall compofe two battalions, which two battalions fhall compofe one regiment; that the counties of Harrifon and Randolph, shall each compofe one battalion, which two battalions fhall conflitute one regiment; that the counties of Charles City and New Kent, fhall compofe one battalion each, which two battalions shall conftitute one regiment; that the counties of Elizabeth City and Warwick, fhall form one battalion; and the counties of York, James City, and the City of Williamsburg, fhall form one other battalion, which two battalions fhall conftitute one regiment; and each of the other counties in this commonwealth, and alfo the City of Richmond, and Borough of Norfolk, thall compose each two battalions, which two battalions fhali conditute one regiment; and every battalion as aforesaid, fhall, if convenient, be formed into five companies, each company to confit of not less than fifty nor more than one hundred rank and

file.

III. AND be is further en acted, That there fhall be an adjutant general for the militia of the ftate, a major general to each diviñon, and a brigadier general

What counties shall form one or more regiments or battalions, and

where containing a battalion only, what coun

ties fhall be united in order to form a regi. ment.

General officers how appointed & commithened

Executive to number divifions, brigades and re giments, and cause the Jame to be registered in

tant general.

Counties to be laid off

332 IN THE TWENTIETH YEAR OF THE COMMONWEALTH.

to each brigade, to be appointed by joint ballot of both houses of the General Affembly, who fhall refide within the limits of their respective commands. Each major general shall appoint his own aids-de-camp, and each brigadier his own brigade infpector. And the governor, with advice of council, shall commiflion the several major generals, brigadier generals, and the adjutant general who may be hereafter appointed pursuant to this act. And all vacancies hereafter accruing in any of the faid offices, shall be supplied by appointments in like manner to be made.

IV. AND be it further enacted, That the Governor, with the advice of Council, fhall be, and he is hereby authorised and required to appoint and commiflion to each divifion, one lieutenant colonel commandant and two majors to command the feveral companies of artillery and cavalry (as the cafe may be) annexed to each divifion, and to arrange fuch companies of artillery into regiments and battalions in such manner as to them may feem moft convenient, to be denominated the regiment and battalion of the regiment of artillery or cavalry (as the cafe may be) and all returns of the ftrength and state of the feveral companies of artillery and cavalry, fhall be made by the commanding officers of the several regiments, battalions, and companies, under the like rules, regulations, and penalties, as are by law directed with respect to the rest of the militia.

V. AND be it further enacted, That where it has not been already done, the courts of the feveral counties and corporations, fhall from the field and other officers who hold commiffions in the militia, proceed to recommend to the Executive the officers neceffary to complete the regiments, battalions, and Companies, pursuant to this act, by grades and feniority; and the perfons fo recommended, fhall be commiffioned by the Governor, agreeably to the conftitution of this ftate: And all vacancies thereafter happening in the faid offices of the militia fhall be fupplied by appointment of the Governor, with advice of the Council, or recommendation from the court of the respective county or corporation where fuch vacancy happens; any thing in any act to the contrary notwithstanding.

VI. ALL perfons who hold commiffions under the late militia laws of this ftate, and who have not been recommended by their respective courts, fhall be confidered as fupernumerary officers, but may be recommended to fupply vacancies hereafter happening in the officers of the militia, and in cafe any fu pernumerary officer fo recommended, fhall on fuch recommendation refute to ferve, fuch officer fhall no longer avail himself of his former commiffion, so as to claim an exemption from militia duty.

VII. AND be it further enacted, That each and every officer appointed, or who may hereafter be appointed and commissioned in manner aforefaid, shall previous to his entering on the execution of his office, take the following oath (to be adminiftered by a juftice of the peace, or the court of the county or corporation in which fuch officer refides) to wit; "Ido fwear that I will be faithful and true to the commonwealth of Virginia, of which I profefs myself to be a citizen, and that I will faithfully and justly execute the office of in the militia thereof, according to the best of my Jkill and judgment. So help me GOD." If the faid oath be administered by a juftice of the peace, it fhall be his duty to certify the fame to the court of his respective county or corporation, there to be entered of record by the clerk.

66

VIII. IT fhall be the duty of the Executive to number by ballot the feveral divifions, brigades, and regiments, and caufe the fame to be registered in the office of the Adjutant-General; and every commiffion hereafter iffued by the the office of the adju- Governor, as aforefaid, fhall exprefs the number of the divifion, brigade, and regiment refpectively, to which the perfon obtaining the fame, fhall belong. IX. WHERE commanding officers of regiments have failed to lay off their regimental, battalion and company districts, or where any alteration in diftricts actually laid off, may hereafter be found neceffary, commanding officers of regiments fhall affemble the commanding officers of battalions and companies at fome fit and convenient place, and may proceed to lay off or alter any fuch regimental, battalion or company district, which districts shall in all cafes be defignated by certain lines and bounds, and recorded by the clerks of the Courts of Enquiry, respectively.

into districts for forming battalions and comjanies, and how.

Captairs to caufe their respective companies to

be claffed into divifions

for the regular perform

ance of duty.

X. AND be it further enacted, That where it has not been already done, it fhall be the duty of commanding officers of companies, to proceed forthwith to divide their companies into divilions by ballot from one to ten, for the pur pofe of a regular rotine of duty when called into actual fervice; and to return

IN THE TWENTIETH YEAR OF THE COMMONWEALTH.

333

a roster of each divifion, and its number, in rotation, within fifteen days thereafter, to the commanding officer of his battalion, who fhall forthwith transmit the fame to the commanding officer of the regiment, who shall direct the fame to be recorded by the clerk of the Court of Enquiry. The fame regulations. fhall be obferved by every commanding officer of a company, battalion, and regiment, on the fubfequent inrollment of any perfon therein, unlefs fuch perfon thall produce a certificate of his having been before drawn for the above purpofe, in which cafe he fhall be inrolled accordingly. And every militia man removing out of the bounds of one company into another, fhall apply to the commanding officer of the company to which he did belong, who fhall give him a discharge certifying the clafs, wherein he was arranged, and whether he had performed his tour of duty or not, and alfo the time and date of said service; which certificate the faid militia man, fhall produce to the Captain or commanding officer of the company into whole bounds he fhall fo have removed, within ten days after his fettlement; and fuch officer is hereby required to inroll him in the numerical clafs fpecified therein; and every militia man fo removing and failing to produce fuch certificate, fhall be arranged and inrolled in the clafs deftined to perform the next tour of duty: And if any Captain or commanding officer of a company fhall refafe to grant fuch a certificate upon application to him made for that purpose, he fhall for fuch refufal, incur a penalty of thirty dollars, to be affeffed and applied as other fines impofed by

this act.

1795.

lotted into divifions.

XI. AND be it further enacted, That the Governor with the advice of Artillery, cavalry, gree Council, shall and may cause the feveral companies of artillery, cavalry, grena- nadiers, light infantry, diers, light infantry, and riflemen, to be allotted by entire companies into di- and riflemen, to be alvifions from one to ten, for a regular rotine of duty; and the faid companies shall in future be called into actual fervice by entire companies in fuch manner and proportion, as the reft of the militia, or as the nature of the service may require; and all fuch allotments shall be returned to the office of the adjutantgeneral to be recorded by him.

XII. AND be it further enacted, That the members of the council of state, Perfons exempted from judges of the fuperior courts, clerks of both houfes of the general affembly, militia duty. clerks of the fuperior and inferior courts, the attorney-general, the treasurer and his clerks, the auditor of public accounts, the register of the land-office, and their clerks, all inspectors of tobacco, all profeffors and tutors, and ftudents of the college of William & Mary, and all other public feminaries of learning, all minitters of the gofpel licensed to preach according to the rules of their fect, who shall have previously taken before the court of their county the oath of fidelity to the commonwealth, keepers of the public, district, and county jails, and of the public hospital, millers actually and neceffarily employed in the management of water grift mills legally established, all ferrymen actually and neceffarily employed as fuch, fhall, and they are hereby exempted from the performance of all and any part of the duties required by this act: all quakers and menonifts religiously fcrupulous of bearing arms, and having a certificate from their refpective focieties of their being members of fuch fociety, fhall be, and they are hereby exempted from all fervice in the militia: Provided, They fhall furnish a fubstitute for actual fervice, to be approved of by the commanding officer of the regiment within whofe bounds he fhall refide, and all artificers employed, or who may hereafter be employed at the arsenal at the Point of Fork, during their continuance in that employment. Provided, That regimental, battalion, or company mufters fhall not be confidered as actual fervice within the meaning of this law.

And

XIII. AND be it further enacted, That the commanding officers of compa- What perfons fhall be nies fhall inroll every able bodied white male citizen between the ages of eigh- inrolled. teen and forty-five (except fuch as are exempted by this act,) refident within his district; and that in all cafes of doubt respecting the age of any perfon inrolled or intended to be inrolled in any company of militia, the party queftioned fhall prove his age to the fatisfaction of the officers, or a majority of the officers of the company within whofe bounds he may reside.

XIV. AND be it further enacted, That the Governor, with the advice of Council, or on the recommendation of the county or corporation courts, fhall iffue commiffions for at least one captain, one lieutenant, and one enfign to each battalion, who fhall proceed by voluntary enliftment within their battalion to inroll a fufficient number of men to complete their company or companies, and be diftinguished by the denomination of grenadiers, light-infantry, or riflemen,

Officers neceffary for

companies of grenadiers, light infantry, riflemen, and artillery, to be appointed by the Execu