Preamble.

tions to be

erected.

CHAP. XIII.

An Act for making a farther provi sion for the internal security and defence of this country.

WHEREAS it is judged necessary, as well for the internal security of this country as for the protection of its trade and commerce, that proper fortifications should be erected at the most convenient harbours: Be it therefore enacted by the General Assembly of the commonwealth of Virginia, and it is hereby enacted by the authority of the same, That the governour, with the adFortifica vice of the privy council, or the president or vice president, as exigencies may arise, with the advice of the said council, may, and he is hereby authorised to direct such fortifications as they may judge necessary and proper to be erected at the following places, to wit: At Portsmouth, in the county of Norfolk; at Yorktown; at Hampton; at Corotoman, in the county of Lancaster; and at Cherrystone's, in the county of Northampton; the two former to be strengthened in the most effectual manner on the land side also, and the whole to be provided with proper ordnance and all other necessaries.. Engineer And the governour, with the advice of the council, is appointed. farther empowered to appoint a skilful engineer for the general service of this commonwealth, who shall hold the rank of and be entitled to the same rations as a lieutenant-colonel, allowed two dollars per day for his pay, a theodolite and chain, a servant and horse, and forage for two horses.

His rank and pay.

garrison the

And for garrisoning the said fortifications, and for Three bat. the farther defence of this country, Be it enacted by the talions to be authority aforesaid, That three battalions of infantry be raised to forthwith raised, to consist of ten companies each of fortification. sixty eight able-bodied men rank and file, each battalion to be commanded by a colonel, lieutenant-colonel, and major, ten captains, twenty lieutenants, ten ensigns, and forty serjeants, and to be allowed a drummer and fifer to each company; and to each of the said battalions there shall be moreover allowed a commissary of provisions, a paymaster, a chaplain, an adjutant, a regimental quartermaster, one surgeon, two surgeons mates, one serjeant-major, one drum major, and one quartermaster serjeant.

Officers.

Staff.

And be it further enacted, That the field officers shall Officers,how be appointed by joint ballot of both houses of assembly, appointed. and commissioned by the governour; the captains and subalterns, the commissary, and paymaster, by the governour, with the advice of the council; the chaplain and surgeon of each regiment, by the field officers and captains; the surgeons mates by the surgeon himself, to be approved by the commanding officer; the adjutant, regimental quartermaster, serjeant-major, quartermaster-serjeant, and drum-major, by the commanding officer of each regiment; provided, that all the captains and subalterns of minute men within this commonwealth, who have been called out into actual service, and volunteers formerly called into duty for the assistance of North Carolina, and since employed in the service of this commonwealth, who shall be willing to serve in the battalions now to be raised in their present ranks, shall be first appointed to the several offices which they now respectively hold.

of state.

To prevent disputes which might arise between con- Continental tinental officers and those of the like rank in this com- officers, take monwealth, when they shall act together, Be it enact- precedence ed, That in all such cases the officers of this state shall yield to all continental officers of the same rank, and that in all cases where the militia are called into service, at any place where any of the continental forces, or those raised for the defence of this country, shall be employed, such militia shall be under the direction of the commanding officer of the continental or regular forces during the time of their continuance in such service, provided he be of equal or superiour rank to any officer in such militia.

Recruiting

And be it farther enacted, That the said captains and Quota to be subalterns shall immediately, after their respective ap respective recruited by pointments, proceed to enlist their several quotas of officers. men following, that is to say: Every captain shall enlist twenty eight men, every first lieutenant twenty, every second lieutenant sixteen, and every ensign ten; and shall be at liberty to do the same in any part of this commonwealth, and be allowed one dollar and a third expenses. of a dollar for each man, for recruiting expenses; and if any officer shall fail to recruit his quota of men before mentioned, on or before the first day of March next, the Officers failgovernour, with the advice of the privy council, shall ing to retake such measures thereon as shall seem most likely to be supersed. expedite the raising such quota, whether it be by cou- ed. Ꮓ

VOL. IX.

cruit, may

tinuing the same officer or by making a new appointment. And whenever any new appointment shall be made, on failure of any officer or officers to raise their Effect there- respective quotas, the men enlisted by such officer or officers so failing shall be delivered over to the officer appointed to succeed him, he refunding to the officer who enlisted the same such recruiting expenses.

of.

Rank of offi. cers how settled.

Recruits

how reviewed.

Pay &c. the same as con

tinental troops.

Not to be

And for settling the rank of such officers to be appointed as before directed, Be it enacted, That the field officers of each battalion shall be entitled to rank according to the preference given in their election, and the captains and subalterns (except the minute and volunteer officers before mentioned) shall hold rank as shall be settled by the governour, with the advice of the council, according to the priority of the completion of their respective companies.

To the end that recruits raised by virtue of this act may be more conveniently reviewed and passed, Be it enacted, That two of the field officers of the militia of any county, where recruits shall be raised upon request of the captains or subaltern officers, shall review and examine such recruits, and pass a certificate for such and so many as the said field officers shall judge suffi

cient for the service.

And be it farther enacted, That the officers and soldiers shall be entitled to the same pay and rations, be subject to the same laws, articles, and regulations, as are established by the general congress for the pay and government of the continental troops.

Provided always, That the troops so to be raised marched out shall not be marched out of this country, on any preof this coun- tence whatever, without the consent of the general assembly, or during their recess by order of the governour, with the advice of the council.

try.

Term of en-
listment.

Bounty.
Clothing.

Hospital

provided.

And as an encouragement to men to enlist in the said service, Be it enacted, That there shall be paid to each soldier enlisting, who is to serve three years from the first day of March next, unless sooner discharged, a bounty of twenty dollars; and each soldier shall moreover be furnished, at the publick expense, with a hunting shirt, a pair of leggins, and a blanket, every year during his continuance in the service, or the sum of ten dollars in lieu thereof.

And be it farther enacted, That the governour, with the advice of the council, may, and he is hereby authorised to provide, at the expense of the publick, proper

general.

hospitals and barracks for the said soldiers, and a fit Physician and able person to be physician and director general of and director the said hospital. And if any of the said soldiers shall be wounded and disabled from getting a comfortable Pensions. livelihood, they shall be maintained and supported during their lives at the expense of the publick; and if any soldier, having a family, shall happen to be killed, his family shall be also supported at the publick expense.

And be it farther enacted, That the five companies Exchange of of riflemen heretofore raised in this commonwealth, and 5 rifle com. panies, now now at New York, be joined to five of the companies at New York, to be enlisted pursuant to an act of this present general with conti assembly, and considered as part of the quota of fifteen nent. battalions to be furnished by this commonwealth; and that a like number of companies to be raised under the said act of assembly be taken into the service and pay of this commonwealth, and considered as composing a part of the troops to be raised by virtue of this act, for the better internal security and defence of the same.

garrison du

And whereas the several companies of marines in the Marines,may pay of this commonwealth have not been found fully to be taken, for answer the end for which they were raised, and the ty. time of their enlistment is nearly expired, and they may be usefully employed in the land service of the state, Be it therefore enacted, That the said companies of marines, or so many of them as shall be willing to serve, be taken into and compose part of the three battalions to be raised by virtue of this act, for the internal security and defence of this country; and the several officers of the said marines shall bear the same rank as they now respectively hold, and shall forthwith proceed to complete their several companies by new enlistments, in the same proportion as is directed for the other officers of the said three battalions.

ary, those

And be it farther enacted, That if so many of the If officers said officers of marines, and of the minute battalions supernume. herein before mentioned, shall be willing to enter into set aside, the said service, as, with the officers of the five compa- who were nies so as aforesaid exchanged with the continent, will latest in exceed the number required for the said three battalions, completing their compa. the governour, with the advice of the council, shall set nies. aside the supernumerary officers out of such of the said minute-men and volunteers as shall be latest in completing their companies.

Magazines of And be it farther enacted, That the governour, with provisions,to the advice of the privy council, may, and he is hereby be provided. empowered to provide, at the publick expense, a magazine or magazines of provisions, at such place or places as he may judge proper, sufficient for the subsistence of ten thousand men at least, in the course of the next year, exclusive of what may be necessary for the regular troops which may be in the pay of this common

to be built.

wealth.

Two frigates And for the farther defence and protection of this and 4 gallies country, Be it enacted, That the commissioners of the navy may, and they are hereby authorised and empowered forthwith to provide necessary plank and timber for the building two frigates, to carry thirty two guns each, and immediately to direct the building of four large gallies, fit for river or sea service, to be mounted with proper cannon.

Virginia fleet, how manned.

Seamen classed.

And for manning the said gallies, as well as the others which are now building, Be it farther enacted, by the authority aforesaid, That the commissioners for naval affairs may, and they are hereby empowered and required to raise any number of men they shall think ne.cessary for the same, not exceeding in the whole one thousand three hundred exclusive of officers, to serve on board the Virginia fleet, for the term of three years from the first day of March next; and for that purpose, the said commissioners may, from time to time, settle and determine the proper officers and number of men for each galley, as well as the proportion or quota of men to be enlisted by each officer. The said officers to be recommended by the said commissioners, approved of by the governour and privy council, and commissioned by the governour; which officers, so appointed, shall proceeed to enlist the men accordingly, and shall have rank from the completion of their said quotas, and be entitled to the same pay and allowances respectively, and subject to the same rules and regulations, with the other officers of the Virginia navy. And if any such officer shall fail to enlist his quota of men, the governour, by and with the advice of the privy council, shall have power either to continue such officer or appoint another in his stead, as they shall judge best for the publick service.

And whereas it may be difficult to raise in due time a sufficient number of seamen, the crews of the said gallies shall consist of three classes, the first of able seamen,