Books, &c. of commis

sioner of war and commercial a

gent, to be

delivered to executive.

to repeal an act establishing a board of war, and one other act establishing a board of trade, and authorizing the governor and council to appoint a commissioner of the navy, a commissioner of the war office, and a commercial agent, as relates to the appointment of a commissioner of the war office and a commercial agent," shall be, and the same is hereby repealed.And also the act of general assembly passed in the May session, one thousand seven hundred and eighty one, intituled, "An act to regulate the department of the war office," is hereby also declared to be repealed, and henceforward the duties appertaining to the said commissioner of the war office's department, shall be exercised and performed by the executive, or such other public officers into whose line they may in the opinion of the governor and council more properly fall; any former act or acts of assembly to the contrary notwithstanding.

III. And be it further enacted, That the said commissioner of war and commercial agent, respectively, shall deliver to the governor and council, all books, papers, accounts, and vouchers in their possession, and which may respect their departments; and also account for, and deliver to the order of the governor and council, all public property and effects in their hands.

[Chapter CX in origi.

nal 1

CHAP. XV.

An act to indemnify certain persons in suppressing a conspiracy against this state.

1. WHEREAS divers evil disposed persons in the year one thousand seven hundred and eighty, formed a conspiracy and did actually attempt to levy war against the commonwealth; and it is represented to the present general assembly, that William Preston, Robert Adams, junior, James Callaway, and Charles Lynch, and other faithful citizens, aided by detachments of volunteers from different parts of the state,

did, by timely and effectual measures, suppress such conspiracy: And whereas the measures taken for that purpose may not be strictly warranted by law, although justifiable from the imminence of the danger;

Indemnity

Wm. Pres

James Calla.

way, and

11. Be it therefore enacted, That the said William Preston, Robert Adams, junior, James Callaway and granted to Charles Lynch, and all other persons whatsoever, con- ton, Robert cerned in suppressing the said conspiracy, or in advis- Adams, jr. ing, issuing, or executing any orders, or measures taken for that purpose, stand indemnified and exonorat- Chas. Lynch, ed of and from all pains, penalties, prosecutions, ac- for suppresstions, suits, and damages, on account thereof. And ing conspithat if any idictment, prosecution, action, or suit, shall racy against be laid or brought against them. or any of them, for any act or thing done therein, the defendant, or defendants may plead in bar, or the general issue, and give this act in evidence.

the state.

CHAP. XVI.

An act concerning the two legions

raised by this state.

[Chap. CXI in original.]

continental

army.

I. BE it enacted by the General Assembly, That all Soldiers be soldiers who have enlisted in the two legions, raised longing to for defence of this state, under the acts passed in the the two legions, auyear one thousand seven hundred and eighty one, shall thorised to be, and they are hereby permitted to enlist in this enlist in the states quota of continental troops; provided they give up all claim to any bounty, pay, or emolument accru ing to them under the said acts. And the executive are directed to place such sums of money as may be judged expedient, in the hands of proper persons, for the purpose of recruiting such soldiers as may incline to reinlist in the continental army for three years, or during the war, taking sufficient security for the pro- May be dis per disposal of the same. And the commanding offi- charged, on cers of the said legions are hereby empowered to dis- relinquishcharge any soldiers of the said legions, who will give ing the boun up the bounty and pay which they may claim ander promised

ty and pay,

the aforesaid act; and the executive are hereby authorised to disband, by proclamation, the said legions whenever they may find necessary or expedient.

[Chapter CXU in

original.]

Preamble.

Intercourse with flag

vessels, how conducted.

CHAP. XVII.

An act to prohibit intercourse with, and the admission of British subjects into this state.

1. WHEREAS all private and indirect communication with the common enemy, not compatible with public negotiations under lawful authority, ought to be prevented, and the interests of the republic will be best preserved by a strict adherence to the policy of an act of congress of the 4th of October last, recommending it to these United States to restrict all intercourse between persons coming from the enemy and their citizens, and to prohibit the admission of any subject of his Britannic majesty, coming directly or indirectly from any part of the British dominions, into any of these states:

II. Be it enacted by the General Assembly, That whensoever any flag vessel from the enemy, shall ar rive within this commonwealth, inmediate notice thereof shall be given by the officer commanding at the port or place to the governor, who shall thereupon, with advice of council, appoint some discreet civil or military officer superintendant at the said port or place of such flag, without whose express permission in writing, expressing the nature of the business, and length. of time granted for transacting the same, it shall not be lawful for any person to go on board of, or land on shore from, any such flag vessel, and no such permission shall be granted but for public business only. Penalty on And if any person shall presume to offend herein, he citizens for or she, if a citizen, shall forfeit and pay two hundred pounds, to be recovered with costs, by information, in

breach.

any court of record, to the use of the informer, and shall moreover suffer three months imprisonment, without bail or mainprize; but if such person be a British British subsubject, he or she is declared and deemed a prisoner ed prisoners jects declarof war, and shall, by warrant from any justice of the of war. county or borough, be committed to jail, there to remain without bail or mainprize, until the governor and council shall take order for the exchange, or return of such person to some British port. Provided always, Proviso, in That pilots bona fide engaged in discharge of their of- favour of pifice, and remaining on board only during the same, and also persons obtaining written passports from the governor and council, shall not be subject to the penalties of this act, while acting in conformity to the express letter of such passport.

lots.

except in cas

III. And be it further enacted, That it shall not be British sublawful for any British subject to come within this com- jects not to monwealth, by land or water, directly or indirectly, be admitted, from any of the British dominions or garrisons, except ses of ship in cases of shipwreck, of flag vessels in the manner and wreck. under the restrictions herein before recited, and of flags by land coming from an enemy's post in this or any neighbouring state, deputed by due authority; any Bri

tish subject offending herein is declared and deemed a How appre prisoner of war, and shall, by a warrant from any jus- headed. tice of the county or borough, be committed to jail, there to remain without bail or mainprize, until the governor and council shall take order for the exchange or return of him or her to some British post; and in cases of shipwreck, application shall be made, and permission to land and remain on shore, at the port or place nearest to such wreck, be granted by the commissioners appointed by the governor and council, pursuant to an act " Concerning wrecks," which commissioners shall specially report every such case, without delay, to the governor and council for their order there

in.

Every permission granted by the said commis→ sioners shall be in writing, and shall expressly prohibit Restrictions the persons therein named from going into the coun- as to intertry, or holding any intercourse with the inhabitants, course, in case of ship except such as may be immediately necessary for the wreek. preservation of the persons and property of those belonging to such wreck. Any commissioner guilty of nonfeazance or malfeazance of office herein, shall for

Vob. xr.

S

feit and pay fifty pounds, to be recovered by informa~ tion, in any court of record, with costs, to the use of the informer.

Penalty for IV. And be it further enacted, That if any person administer whatsoever shall presume to administer the oath of aling oath of legiance or fidelity to an alien enemy or British suballegiance to an alien ene- ject, or to grant a certificate thereof, or to grant any my, or Bri letter or passport to an alien enemy or British subject, tish subject. or to entertain, harbour, protect, aid, or comfort any such alien enemy, or British subject, not being a prisoner, except in cases made lawful by this or any other act, he or she so offending is declared guilty of a high crime and misdemeanor, and shall be subject to the pains and penalties prescribed by an act," For the punishment of offences injurious to the independence of America but less than treason."

British sub

into this

state, con

soners ofwar.

V. And be it further enacted, That every person, jects coming being a British subject, who shall have come into this state by land or water, directly or indirectly from any trary to law, of the British dominions or garrisons, since the first declared prí- day of January, one thousand seven hundred and eighty two, and have not obtained the privileges of citizenship, are declared prisoners of war, and in case they do not within one month after the passing of this act, deliver themselves up to the governor and council, subject to their order and disposal, shall by warrant from any justice of the county or borough be committed to jail, there to remain without bail or mainprize, subject to the order of the executive, who may take order for their immediate exchange or return to some British post.

Copies of this act, how

distributed.

VI. And be it further enacted, That the governor and council shall cause copies of this act to be published and sent to the British posts or garrisons in America, and to each state in the fœderal union. Provided Spies to be always, That nothing in this act contained shall be construed to extend to the case of spies, or of persons coming under that description, who shall be proceeded against agreeable to the law military, or of any person or persons deserting from the army or navy of the king of Great-Britain.

proceeded

agas ac

coding o the law mili.

tary,