Pages 35-53 
|  Pages 75-92
|
| Pages 35-53
| Pages 75-92
|
| CHAP. IV. | |||
|
Vid. Vol. 8. p. 5. | ||
| I. WHEREAS by the unhappy differences subsisting between Great Britain and this colony, the usual | Preamble. | ||
| |||
| * This ordinance is published in the Chancellors' Revisal of 1785, p. 30, in which it is distinguished by sections; but in the original, none of the ordinances of this convention are numbered either by chapters or sections. |
| meetings of the general assembly, deliberations on the situation of the country, and making provision for the exigences of the government in the [a] constitutional way, are altogether obstructed: For these reasons, it is become indispensably necessary for the oppressed people of this country, at a crisis so alarming, to adopt such other mode of consulting and providing for the general safety as may seem most conducive to that great end. | |
| II. Therefore, be it declared and ordained, by the delegates of the several counties and corporations in the colony of Virginia, assembled in general convention, and it is hereby declared and ordained, That the freeholders of every county within this colony, who are by law properly qualified to vote for burgesses shall have the liberty and privilege of choosing annually two of the most fit and able men, being freeholders of such county respectively, to be present and to act and vote in all general conventions, which from time to time, and at any time thereafter, shall be held within this dominion; and also, that the freeholders to the several and respective corporations, and town of James City (a) and others by law qualified to vote for a citizen or burgess, shall have the liberty of electing one delegate to be present, and to act and vote in the general convention; and the landholders of the district of West Augusta shall be considered as a distinct county, and have the liberty of sending two delegates to represent them in general convention, as aforesaid. | Delegates, who may be, and by whom elected. For what places. |
| III. And for the more regular and proper electing the said delegates, It is hereby declared, and ordained, That the following rules and methods shall be observed, to wit: The elections of delegates in the several counties and corporations, and the town of James City, within this colony, shall be in the month of April annually, on the several days appointed by law for the holding of the county or corporation courts respectively, and at the places where such courts are accustomed to be held, and shall be conducted by the sheriffs of the respective counties, and mayors of the city of Williamsburg and borough of Norfolk; or in case any sheriff shall neglect or refuse to act, or there by no sheriff or mayor, then the clerk of the committee for | Rules to be observed in elections. |
|
| |
| (a) James town and the college of William and Mary deprived of a representative, by the operation of the constitution, art. 5. |
| such county or corporation, in the same manner as is directed by law in the election of burgesses in this colony: And the sheriff or mayor, or clerk of the committee, shall have the same privilege of preferring and returning any delegate, regularly elected, as by law is given to the sheriff in the election of burgesses, in case any two candidates may happen to have an equal number of votes. | |
| IV. Provided always, That the election of delegates for the town of James City, and the College of William and Mary, (a) shall be on the same day and place appointed for the county of James City, and shall be conducted by the sheriff or clerk of the committee for such county in manner herein before directed; and after the election shall be made, in manner as is herein before directed, the sheriff or mayor, or clerk of the committee as aforesaid shall deliver to each of the delegates elected a certificate, under his hand and seal, that such delegate was duly elected for his county or corporation, to serve in general convention for one year then next following. And farther, the said sheriff or mayor, or clerk of the committee, shall deliver to any candidate requiring the same, as soon as may be, a fair attested copy of the poll taken by him. | Proviso, as to James town and William and Mary college. |
| V. And be it hereby farther declared and ordained, That in case of the death or incapacity of any member of the general convention, the president of the said convention for the time being shall have full power and authority to issue his order, under his hand and seal, for the election of a delegate to fill up such vacancy, to be directed to the sheriff, mayor, or clerk to the committee of that county or corporation where such vacancy has happened; and thereupon such sheriff, mayor, or clerk, shall appoint some day, not exceeding twenty, nor under ten days, after the receipt to such order, for the election of a delegate accordingly, and shall publish notice, and proceed to the election of a delegate, in the same manner as is by law directed in the case of an election of a burgess, to be made during the sitting of any general assembly. | Vacancies, how supplied. |
| VI. And be it farther declared and ordained, That the delegates so elected shall meet annually in general convention, on the first Monday in May, and shall | Delegates, when to meet; and power to adjourn. |
|
| |
| (a) James town and the college of William and Mary deprived of a representative, by the operation of the constitution, art. 5. |
| have power to adjourn from time to time; and if, during their recess, it shall appear to the president, or, in case of his death or absence, to Robert Carter Nicholas, esquire, or to the committee of safety, that a meeting of the convention is necessary, sooner than the time to which they stand adjourned, he or they shall have full power and authority, by advertisement published in the Virginia Gazette, or in case of exigency, by expresses dispatched to the delegates of the respective counties and corporations within this colony, to summon the said delegates to meet and sit in convention, at such time as he shall appoint; the place of each meeting to be appointed by the convention, at their session next preceeding. And every delegate attending in convention, if the same shall be appointed and held at Williamsburg, shall be paid for his attendance, in the same manner as by law the burgesses are allowed for attending the general assembly; and where the convention shall be at any other place than Williamsburg, then the said delegates shall be allowed respectively for their attendance in the same manner, and for travelling, at the rate of four pence per mile for coming, and the same for returning, and all ferriages by them actually advanced, which allowances to the said delegates shall be paid as by law the payment of the burgesses wages is directed. | Wages. |
| VII. And whereas the critical and dangerous state of this country made it expedient to hold two former conventions, to wit, the one in the city of Williamsburg, on the first day of August, one thousand seven hundred and seventy-four, and the other in the town of Richmond, on the twentieth day of March last, and it is reasonable and just that the members who attended the said convention [conventions] should be allowed for the same: Be it hereby ordained, That the delegates respectively shall have the same allowance for attending the two conventions aforesaid, and also this present convention, that are herein provided for, and allowed, to the delegates who may attend any future convention. | Members of two former conventions, how paid. |
| VIII. And it is hereby declared and ordained, That any person who now is, or hereafter may be, appointed sheriff or mayor of any county or corporation in this colony, or clerk of any county or corporation committee, or collector of any taxes, duties, or levies, that may be imposed by the general convention, or any person that is already appointed to, or shall accept of, any | Persons disqualified to be elected, or to sit and vote in convention, or |
| military post of profit, except in any regiment or battalion of minute-men which may be hereafter established, shall not be capable of sitting or voting as a member of the general convention; and in all such cases, there shall be a new election of a member, to fill up the vacancy, in the same manner as if such person was naturally dead. | |
| IX. And it is hereby farther declared and ordained, That all clergymen of the church of England, and all dissenting ministers or teachers, shall be incapable of being elected as a delegate, or sitting and voting in convention. And any person who shall hereafter accept any office of profit, or pecuniary appointment, under the crown, or shall have procured himself to be elected by bribery, in giving money, or any public entertainment of meat or drink, or made any promise to do so to the electors, or by any other corrupt practices, shall be disqualified from sitting or voting in the general convention, the general congress, council of safety, or county or corporation committees; and in all such cases, the same proceedings shall be had as if the person so accepting was naturally dead. | in general congress. |
| X. And whereas the mode hitherto pursued in electing committee-men in the several counties and corporations in this colony, under the continental association, has not been uniformly the same, and many inconveniencies have arisen by the supernumerary committee-men elected in some counties; and whereas also no limitation has been fixed for their continuing to discharge that duty, and they may assume to themselves a power of acting under their present appointments at all times in future, which is incompatible with the principles of representation, and the just controul that the electors ought to have over them: For the removing the present inconveniencies, and better regulating the elections of committee-men hereafter, It is hereby declared and ordained, That the freeholders of every county and corporation within this colony, and others who are by law qualified to vote at an election of burgesses, and the landholders in the district of West Augusta, as hereafter described, shall have the liberty and privilege of electing annually twenty-one of the most discreet, fit, and able men, of their county or corporation, being freeholders, to act as a committee for carrying into execution the association, and such other measures as the continental congress, or general convention of this colony, | Committee-men in counties, and corporations, how elected. |
| have, or hereafter may, from time to time, direct and ordain, and forwarding all public expresses of importance, the expense of which shall be paid by the public. And the said committees shall have power to appoint out of their members a committee of correspondence, and such other sub-committees as may be found necessary, to superintend the different districts of their respective counties or corporations; with an appeal where any person shall think himself aggrieved, to the county or corporation committee at large, and accountable to them for all their proceedings. | |
| XI. And for the more regular electing such committee, It is hereby declared and ordained, That the following rules and methods shall be observed, that is to say: The elections of committee-men in the several counties and corporations within this colony shall be in the month of November annually, on the several days appointed by law for the holding of the county or corporation courts respectively, and at the places where such courts respectively, and at the places where such courts are accustomed to be held; at which elections, the freeholders, and others qualified as aforesaid, shall appear and deliver in to the chairman, or in case of his absence to the clerk of the committee, a list of such persons as may be judged the most discreet, fit, and able, to serve as committee-men as aforesaid, which several lists shall be fairly counted by the chairman, or clerk of the committee, in the presence of so many of the committee as may choose to attend the same, and publication shall be made of the several persons that appear to have a majority of votes, who are hereby declared, in such case, to be duly elected a committee to serve as aforesaid. | Rules for conducting such elections. |
| XII. And whereas the inhabitants of the county of Fincastle, and the district of West Augusta, although long possessed of their lands, under surveys, entries, or orders of council, have few of them obtained patents for the same, which have been obstructed without any default in them, who, having performed what is required on their part, have an equitable interest in their lands, and ought to share in the representation, in conventions and committees, with other landholders in this colony: Be it therefore declared and ordained, That every free white man who, at the time of elections for delegates or committee-men in the said county or district respectively, shall have been for one year preceding in possession of twenty-five acres of land with a house and | Qualifications of electors in Fincastle & West Augusta. |
| plantation thereon, or one hundred acres of land without a house or plantation, in such county or district, claiming an estate for life at least in the said land, in his own right, or in right of his wife, shall have a vote, or be capable of being chosen at such elections respectively, although no legal title in the land shall have been conveyed to such possessor. And to the end that no persons shall vote at such elections who are not qualified to do so, the committee of the county or corporation shall previously appoint three fit persons to superintend the election, who, being first sworn, shall determine all disputes about the right of a person to vote who shall offer any list; and if he shall be adjudged not to have such right, his list shall not be received. | |
| XIII. And it is hereby declared and ordained, That a committee elected as aforesaid, or a majority of them, shall have full power to elect one of their body as chairman, to preside at all their meetings; and may appoint any persons, willing to undertake the same, to officiate as clerk to them, who shall have such annual allowance as the committee shall think reasonable, to be levied by the court of the county or corporation, and may at any time, or times, during their appointment, convene themselves, and hear, consider, and determine, on all such matters as may fall properly under their cognizance, according to the nature and intention of their institution; and shall keep a true and faithful journal of their proceedings, which shall be read by the clerk, and signed by the chairman, at every meeting of such committee. And moreover, in case of the death or resignation of the chairman, or clerk appointed as aforesaid, the said committee, or a majority of them, shall have full authority to fill up any vacancy occasioned thereby, by election or appointment, in manner as aforesaid. Provided nevertheless, That the committees elected as aforesaid shall, in all their inquiries and decisions, confine themselves within the line of duty prescribed by the continental congress and the general convention, and shall not assume to themselves any other power or authority whatever. | Committees, how organized. |
| XIV. And for preventing the interruption to business that may frequently happen through the necessary or unavoidable absence of the chairman or clerk of the committee, It is hereby declared and ordained, That when any meeting of a committee shall be regularly appointed, and it may so happen, through sickness or | Vacancy in president & clerk, how supplied. |
| other causes, that the chairman or clerk shall fail to attend such meeting, the committee shall have the liberty, and full power, to choose or appoint, in manner as aforesaid, some other chairman or clerk to act pro tempore. | |
| XV. And to the end this ordinance may be duly carried into execution, and the duties required of certain persons therein named faithfully discharged, It is hereby farther declared and ordained, That if any sheriff, mayor, chairman, or clerk of a committee, or any other person named herein who is required to do any particular act, or perform any certain duty, shall perversely, obstinately, or wilfully refuse or neglect to comply with the directions of this ordinance, such person so offending, and being adjudged guilty thereof by the committee of the county or corporation where such delinquency may happen, shall be deemed an enemy to American liberty and the welfare of this country, and be subject to the censures of the continental association, in such cases provided. | Censures on those refusing obedience. |
| XVI. And it is hereby farther declared and ordained, That all and every other case or cases, matters or things, within the purview of this ordinance, and not hereby particularly provided for, shall be ordered, governed, judged, and decided, according to the law for regulating the elections of burgesses, and not otherwise. |
| CHAP. V. | ||
| ||
| WHEREAS his excellency the governor, at the opening of the late general assembly, did, amongst other things, recommend that provision should be made for defraying the expenses of the late expedition against the Indians, and paying the militia drawn out into actual service; and, in pursuance of that recommendation, his majesty's council, and the house of burgesses, did pass a bill, as well for making such provision, as for discharging many other publick claims in the best and only method the circumstances of the country would admit of; but the governour thought fit to refuse his assent to the said bill, whereby many of the inhabitants, particularly in the frontiers of this colony, are left in the greatest distress, from which there is no prospect of their being relieved but by the interposition of this convention. | Preamble. | |
| And whereas the house of burgesses afterwards judged it necessary to appoint certain commissioners for settling the accounts to the said militia, and did approve and confirm a report from their committee of publick claims, by which the demands of many other public creditors were liquidated and ascertained, but, by reason of the low state of the public treasury, cannot be paid in any reasonable time without some farther provision: | ||
| Be it ordained, by the delegates and representatives of the several counties and corporations within the colony and dominion of Virginia, now met in General Convention, and it is hereby ordained by the authority of the same, That Archibald Cary, William Cabell, William Fleming, John Winn, and John Nicholas, gentlemen, | Commissioners to settle acconnts for the late expedition
against the Indians. |
| be, and they are hereby appointed commissioners for the counties of Fincastle, Botetourt, Culpeper, Pittsylvania, Halifax, and Bedford, and that part of Augusta which lies to the eastward of the Allegheny mountains, and Richard Lee, Francis Peyton, Josias Clapham, Henry Lee, and Thomas Blackburn, gentlemen, for the other counties, and for that part of the county of Augusta which lies to the westward of the Allegheny mountains, and for the provinces of Maryland and Pennsylvania; to examine, state, and settle, the accounts of such pay, provisions, arms and ammunition, and other necessaries furnished the militia of the counties for which they are appointed commissioners, and all demands against this colony on account thereof; who shall be allowed for their trouble therein twenty five shillings pre day each. And the said commissioners, or any three, or more of the, shall, and they are hereby empowered and required, to meet for the purposes aforesaid at such times and places as they shall respectively think fit and convenient, of which publick notice shall be advertised at the courthouse of each respective county, at least one month before such meeting, and to adjourn from time to time until they shall have settled all accounts relating to the said militia; and shall have power to call all persons concerned in settling the said accounts before them, and examine them upon oath, or solemn affirmation, as the case may require, which oath or affirmation the said commissioners, or any one of them, are hereby required to administer, for their better information respecting any such accounts or demands. And that the said commissioners, or any three or more of them, shall certify all accounts so by them examined, stated, and settled, to the committee of safety, appointed by this convention; and the said committee of safety, or any six or more of them, are hereby desired to issue their warrants to the treasurer for that purpose, appointed by or pursuant to an ordinance of this convention; and the said treasurer shall, on or before the first day of January next, pay the several accounts so certified, and also such publick money claims, and such other sums as were approved of and allowed by the resolutions of the house of burgesses, at their last meeting, so far as the balance due on account of the publick treasury, in the hands of the treasurer, appointed by or pursuant to the act of the general assembly, | To certify accounts to committee of safety. Who are to issue their warrants on the treasurer. |
| may fall short of discharging the same, out of the money to be raised by virtue of this ordinance. | |
| And whereas several arms and other articles, horses, and live-stock, have been furnished for the use of the said militia, some of which have been sold by command of his excellency the governour, and part still remains unsold: Be it farther ordained, That the said commissioners, or any three or more of them, may, and they are hereby authorised and required, to make inquiry concerning such sales as have been made, and also to nominate and appoint, under their hands and seals, such persons as they shall judge proper for disposing of the horses, live-stock, and other articles (arms and accoutrements excepted) which shall remain unsold within the districts for which they are appointed commissioners, and certify all such sales to the treasurer for the time being, who is hereby authorised and required to call in the money arising therefrom, and apply the same in aid of the funds established by this ordinance. | |
| And be it farther ordained, That the person or persons so appointed by the commissioners to sell and dispose of such horses, live-stock, and other articles as aforesaid, which remain unsold, shall, on or before the first day of January next, account for and pay to the treasurer for the time being, appointed by this convention, all such sums of money for which the said several articles shall be sold; and in case the said person or persons, so to be appointed, shall fail to account for and pay the same, on the motion of the treasurer aforesaid, the general court, or county court where such persons lives, shall and may give judgment against him or them for the several sums for which the said several articles sold, provided ten days previous notice be given to the party against whom the said motion is intended to be made. | |
| And whereas the said bill, which passed the council and the house of burgesses at the last meeting, settled the pay of the said militia as followeth, that is to say: Of the chief officer commissioned by the governour, or commander in chief for that expedition, at twenty-five shillings; of a county-lieutenant, at twenty shillings; of a colonel, at fifteen shillings; of a lieutenant-colonel, at thirteen shillings and sixpence; of a major, at twelve shillings and sixpence; of a captain, at ten shillings; of a lieutenant, at seven shillings and sixpence; of an ensign, | Pay of militia. |
| at six shillings; of a quarter-master and adjutant, six shillings each; of a serjeant, at two shillings and sixpence; of a corporal, at two shillings; of a drummer, at two shillings; of a private, at one shilling and sixpence; of every scout, at five shillings per day: And whereas it is represented to this convention, that the very important services of the militia on the late expedition well deserved such pay, Be it farther ordained, That the said commissioners shall and may allow, in the settlement of all accounts for pay of the said militia, the several rates before-mentioned. | |
| And whereas there is reason to believe that some designing persons have taken advantage of the ignorance and necessity of the soldiers, and others who have claims against the colony for pay and other services done on the said expedition, Be it ordained, That the commissioners herein named be directed to inquire into the same; and, on discovery of any such practice that they do not grant a certificate to any such assignees for any larger sum than they paid for the same, and allow the balance to the first proprietor of such claim. | |
| And whereas, besides what may be due to the militia, there were several considerable sums resolved by the council and house of burgesses, at their late meeting, to be paid to the wounded officers and soldiers, and there are farther sums due to other public creditors, and by an ordinance passed this present convention, entitled An ordinance for raising and embodying a sufficient force for the defence and protection of this colony, a number of regular forces are directed to be raised, and certain of the militia, under the denomination of minute-men, are appointed to be trained more frequently, who, as well as the residue of the militia, may be drawn out into actual service, for the purpose of such defence, and it is necessary to make provision for the pay and subsistence of the said forces and militia, as well as for the sums due upon the said resolutions, and to other publick creditors: Be it therefore farther ordained and declared, That the treasurer for the time being, appointed by or pursuant to an ordinance of convention, out of the publick money in or which shall come to his hands, upon warrants from time to time from the committee of safety, shall pay all such sums of money as shall be necessary for carrying into execution the said recited ordinance; and shall, moreover, without such warrants, pay to the several | Provision for paying wounded officers and soldiers, and other
public creditors. Also for paying the regulars and minute-men. |
| persons named in the said schedule, the respective sums therein stated to be due to them, and other publick creditors who have stated allowances, on or before the first day of January next. | |
| And for raising the money which will be necessary for the several purposes aforesaid, Be it farther ordained, by the authority aforesaid, That an annual tax or duty of forty shillings upon every coach, chariot, or four-wheel carriage, except common waggons, and twenty shillings for every chair or two-wheel chaise, to be paid by the proprietor thereof, the first of each payments to be made on the tenth day of June next, and to continue the seven following years; also a tax or duty of three shillings and ninepence for every tithable person, to be paid on the said tenth day of June yearly, by such tithable person, if a free man, or by the parent or guardian, if an infant, or the master or owners of the servants or slaves respectively; and also a duty or tax of four shillings for every hundred acres of land, and after that rate for a greater or lesser quantity, to be paid on the said tenth day of June yearly, by the proprietor, or the parents or guardians of infants, if resident in the county where the lands lie, or by their respective tenants, stewards, or overseers, in case such proprietor, parent, or guardian, shall live in another county, to be repaid them by the proprietor; the first of each of the said annual taxes to be paid in the year one thousand seven hundred and seventy-seven, and continue for six years thereafter. | New taxes imposed on carriages. On tithables. Land tax. |
| Provided always, and be it farther ordained, That nothing herein contained shall be construed so as to alter any contract heretofore made between landlords and their tenants, whereby the payment of taxes shall have been stipulated to be made by either of them. | |
| And be it farther ordained, That every person chargeable with the said duties or taxes shall, at the time of delivering in his list of tithables, also give in a list of his or her wheel carriages subject to the tax hereby imposed; and the proprietor, parent, or guardian, tenant, steward, or overseer, respectively, as aforesaid, shall give in the quantity of land by him or her held, or on which they shall live, within the county, to the several justices, or other persons appointed to take such lists of tithables, annually, under the like penalty for each failure, and to be recovered in the same manner, | Lists of taxable property, when given in. |
| as is directed by the acts of assembly for concealing tithables. | |
| Provided always, That if the collector of all or any of the duties hereby imposed shall discover any person or persons who are chargeable therewith, and hath failed to give in his or her list as aforesaid, such collector shall proceed to collect or levy the said duties respectively, and account for on oath, and pay the same to the treasurer appointed as aforesaid; and the landholders in the county of Fincastle, and the district of West Augusta, whose rights of voting at elections of delegates and committee-men are stated and allowed by an ordinance of this convention, shall give in a list of their said lands, and the land tax aforesaid shall be collected and paid for the same, notwithstanding no patents may have been obtained for such lands. And in case of failure in payment of the said duties or taxes, at the times herein before limited for the payment thereof respectively, it shall be lawful for the sheriff or collector of each county to levy the same by distress and sale of the slaves, goods, or chattles, of the person so failing, in like manner as is provided in case of other distresses; and where there are no effects to be found upon the lands hereby chargeable with the said land tax, it shall be lawful for the sheriff or collector of the county where the lands lie, or the sheriff or collector of the county where the proprietor lives, to levy the said tax upon the estate of such proprietor, wherever the same can be found. And every sheriff or collector of the e duties or taxes aforesaid shall account for and pay the said taxes due from the persons residing in his county, after being allowed for insolvents, and a salary of five per centum for collecting, to the treasurer aforesaid, on or before the twentieth day of November in every year. | Taxes to be collected, although lists not given in. Land holders in Fincastle and West Augusta, to pay, though no patents obtained. Taxes how collected, & distrained for. When payable into the treasury. |
| And be it farther ordained, That there shall be paid a duty or tax of forty shillings for every ordinary license, and the like sum for every marriage license, to be paid by the person obtaining the same to the clerk of the court before such license shall be granted; also two shillings and sixpence for every original writ in any action or suit at common law, and subpœna or subpœnas in chancery in the general court, and for every summons or petition for lapsed lands, and for every caveat entered in the secretary's office, and one shilling and threepence for every such writ or subpœna issued from the county or other inferiour courts, to be paid | Taxes on ordinary licenses; marriage licenses; low process, &c. |
| by the plaintiff in any such suit to the clerk of the court before such process shall be issued, or caveat entered, and taxed in the bill of costs; and, together with the duties on ordinary and marriage licenses, shall be accounted for on oath, and paid to the treasurer for the time being, appointed as aforesaid, in the months of April and October annually, deducting after the rate of five per centum for his trouble in receiving and paying the same. | |
| And be it farther ordained, That the sheriffs or collectors in their several county courts, to be held next after the first day of December next, shall give bond, with sufficient securities, in reasonable penalties, payable to Robert Carter Nicholas, esq. or to the treasurer for the time being, to be appointed as aforesaid, with condition for the due collection and payment of all duties and taxes imposed by this ordinance; and that every collector hereafter to be appointed shall, before he enters upon the execution of his office, give the like bond and security. | Sheriffs to give bond. |
| And be it farther ordained, That if any sheriff or collector, or clerk, shall refuse or neglect to account for and pay the duties according to the directions of this ordinance, it shall and may be lawful for the general court, or the court of the county where such sheriff or collector, or clerk, resides, upon a motion, to give judgment against them respectively, and the securities of such sheriffs or collectors, for all such duties so by them usually received, and thereon to award execution; provided, that ten days previous notice to be given of such motion. And if any sheriff or collector shall fail to attend and settle the account of the monies by him received, such court shall give judgment for the penalty of his bond. | Remedy, by motion, against sheriffs. |
| And whereas the remote payment of the said taxes, being unavoidably suspended, to suit the distressed circumstance of the inhabitants of this colony, will not enable the treasurer to pay the money required by this ordinance so soon as the exigencies thereof require, it becomes necessary to circulate treasury notes in the mean-time upon the credit of the said taxes and duties, as the only expedient which can be adopted: Be it farther ordained, That the said Robert Carter Nicholas, esq. or the treasurer for the time being, appointed by or pursuant to an ordinance of convention, shall be, and he is hereby impowered to issue treasury notes for | Treasury notes, or paper money to be emitted. |
| any sum or sums which may be requisite for the several purposes of this ordinance, not exceeding, in the whole, the sum of three hundred and fifty thousand pounds; and of the notes so to be issued fifty thousand shall be of the denomination of one shilling and sixpence, and shall be signed by Henry King, gent. fifty thousand of the denomination of one shilling and threepence, and shall be signed by John Pendleton, jun. gent. which notes last mentioned shall be made on the best paper the said treasurer shall be able to procure, and shall be formed with such devices thereon as he shall judge most likely to prevent forgeries or counterfeits, and shall be numbered by William Langhorne and Henry Tazewell, gentlemen. And Robert Prentis and Peter Pelham are hereby appointed overseers of the press, who, or one of them, shall constantly attend the printing the said notes, until the whole shall be finished, and take care that no frauds are committed by the printer, his agents, or servants. And if any of the persons herein appointed to overlook the press, or to number or sign the said notes, shall refuse to undertake the trust, or die before his duty shall be finished, the said treasurer shall appoint another person to finish the same in the room of him so dying or refusing, of which notice shall be immediately published in the Virginia Gazette, and continued for three weeks. And for their services, the signers of the notes shall each of them receive the sum of fifteen shillings for every thousand notes by them signed; the overseers of the press, the sum of fifteen pounds each; and the persons appointed to number the said notes, the sum of fifteen shillings for every thousand notes. | Denominations. Signers of notes. Overlookers of the press. Compensation. |
| Provided always, That if the treasurer shall not be able to procure other paper for the said one hundred thousand notes, then the whole sums wanting shall be issued to the paper of which a sample is now produced, in manner herein after directed for the residue. | On what paper notes to be printed. |
| And be it farther declared and ordained, That all the notes necessary to be issued, over and above the said one hundred thousand, shall be of the paper of which samples are now produced, which shall be filled up by Matthew Davenport or John Carter Littlepage, who shall receive for their trouble therein one hundred and fifty pounds, and numbered by Bartholomew Dandridge or Henry Tazewell, gentlemen, or in case of the death or inability of either of them, by such person as the | Other denominations and by whom filled up, numbered and signed. |
| treasurer shall appoint; and all the said notes of the value or denomination of twenty shillings or upwards shall be signed by Philip Johnson or John Tazewell, gentlemen, and the residue by Josiah Parker and George Lyne, gentlemen, or in case of the death or inability of either of them, by such other person as the treasurer shall appoint, of which notice shall be three weeks published in the Virginia Gazette, and shall be endorsed or countersigned by the treasurer for the time being. | |
| And be it farther ordained, That all the notes to be issued by virtue of this ordinance shall be redeemable on the first day of January one thousand seven hundred and eighty four, until which time they shall be current between all persons within this colony, and shall then be taken in and discharged by the treasurer for the time being, appointed as aforesaid, and shall be burnt and destroyed, by a committee, which shall be appointed by the convention to examine and burn the same; and the persons so appointed to number the said notes shall receive the sum of fifteen shillings for every thousand, and the signers the sum of fifteen shillings for every thousand, each, for their trouble; and the treasurer shall be allowed six hundred and twenty five pounds per annum for his salary in paying the same, and for receiving the taxes imposed for the redemption thereof. | Notes when redeemable. Currency of notes. |
| And be it farther ordained, That if any person or persons shall forge or counterfeit, alter or erase, any such treasury notes, or tender in payment any such, or demand a redemption thereof, knowing the same to be forged or counterfeited, altered or erased, every person so offending, and lawfully convicted thereof, shall suffer death, without benefit of clergy. | Forgery or counterfeiting, death. |
| and whereas pasting paper on the back of such notes may be a means of preventing the detection of forgeries, Be it farther ordained, That no person shall be entitled to a redemption of any note on the back of which any paper shall be so pasted; but if any note shall be defaced, or torn, the proprietor shall be entitled to receive the amount thereof upon returning the same to be burnt as aforesaid. | Pasting paper on back prohibited; but notes defaced or torn redeemable. |
| And be it farther ordained, That the monies to be raised by the taxes imposed by this ordinance shall stand, be, and remain, as a security for the redemption of the said treasury notes so to be issued; and the treasurer for the time being, appointed as aforesaid, is hereby required to apply all such money as shall come | Taxes pledged for redemption of notes. |
| to his hands for the said taxes for and towards the redemption of such treasury notes, and to none other use or purpose whatsoever; and that the said treasurer shall account with the convention for the same, after deducting the allowance for his salary. And if the said taxes shall prove deficient, the whole estates, real and personal, of the inhabitants of this colony, shall be, and are hereby pledged as a security for making good such deficiency, by some future ordinance of the convention, or act of the general assembly. | |
| And be it farther ordained, That Robert Carter Nicholas, esq. treasurer of this colony, shall give bond, with such security as shall be approved of by the committee of safety, in the sum of three hundred and fifty thousand pounds; payable to the members of the said committee to safety, in trust, for the use of the colony, conditioned for the faithful accounting for and paying all such sums of money as shall be received by him from time to time in virtue of this ordinance; and in case to his death, resignation, or disability, the treasurer to be appointed in his stead shall give such security before he enters into his said office. | Robert Carter Nicholas, esq. the treasurer to give bond.
In what sum. |
| And whereas it will greatly tend to preserve the credit of the treasury notes aforesaid to satisfy the publick that due proportions of them are annually paid into the treasury and destroyed, Be it therefore farther ordained, That Benjamin Waller, George Wythe, Thomas Everard, John Tazewell, William Norvell, Archibald Cary, Richard Adams, Benjamin Watkins, Richard Randolph, and John Syme, esquires, be a committee to superintend the burning of the notes; and they, or any three or more of them, are hereby empowered and required, once a year at least, and oftener, if they shall see occasion, to repair to the publick treasury, and having examined the treasurer's accounts of what money he shall have received fr the taxes and duties hereby imposed from the time of his preceding settlement, as well as the money itself, they shall proceed to burn all of the treasury notes aforesaid as shall appear to have been so received, giving the treasurer a certificate of the amount of the notes so burnt, which shall entitle him to an allowance for the same in his accounts; and the committee shall, from time to time, publish the amount of the money so burnt in the Virginia Gazette. | Notes redeemed to be annually burnt. |
| And be it farther ordained, That William Langhorne, Henry King, John Scasbrooke Wills, William Norvell, | Commissioners to settle accounts of volunteers. |
| Champion Travis, or any three of them, be, and they are hereby appointed commissioners to examine, state, and settle, an account of the pay and provisions of the volunteer companies who have been lately called into actual service for the defence of the lower parts of the country, making the same allowance as is settled by this convention for the regular forces, and under the regulations of the late invasion law as to the number of men which is to entitle officers of certain rank to pay; excepting that Mr. Charles Scott, commander in chief of the said volunteers at Williamsburg, shall be allowed twelve shillings and sixpence per day from the time he was chosen to that command, and certifying the same as is directed in the case to the militia in the frontiers; and upon such certificates, the treasurer, by warrant from the committee of safety, is required to pay the money so certified to be due. And each of the said commissioners shall be allowed fifteen shillings per day, for the time they shall be employed in settling the said accounts. | How certified and paid. |
| And be it farther ordained, That, in case of the death or inability of the said Robert Carter Nicholas, esq. to act in the said office, it shall be lawful for the committee of safety, if the convention is not sitting, to appoint another fit and able person to be treasurer in his room, who shall have power to act in all things pertaining to the said office until the meeting of the next convention thereafter. | Vacancy in office of treasurer, how supplied. |
 CHAP. VI. An Ordinance for providing arms and ammunition for the use of this colony. | |
| WHEREAS, in this time of imminent danger, it is found expedient, for the better defence of this colony, to provide an ample supply of arms and ammunition, by encouraging the manufacturing the same within this colony: Be it therefore ordained, by the delegates and representatives of the several counties and corporations | Manufactory of arms established at Fredericksburg. |
| within this colony and dominion of Virginia, now in general convention assembled, and it is hereby ordained by the authority of the same, That a manufactory of [for] arms be erected at or near Fredericksburg, under the direction of certain commissioners; and that a sufficient number of artificers be employed in the said manufactory, at the expense of the public, and be constantly employed in manufacturing of arms of such kind as shall be directed from time to time by the committee of safety, so long as the necessities of this colony shall require. | |
| And be it farther ordained, That Fielding Lewis, Charles Dick, Mann Page, jun. William Fitzhugh, and Samuel Selden, gentlemen, or any three of them, be the commissioners for superintending the said manufactory; and that the treasurer for the time being, appointed by or pursuant to an ordinance of convention, shall, out of the public money which shall come to his hands under any ordinance of convention, advance the sum of two thousand five hundred pounds to the said commissioners, and such other sums as the committee of safety shall from time to time direct, taking sufficient security for the same, to be by them employed for the purposes aforesaid, and accounted for to the general convention; and that the said commissioners shall from time to time transmit to the committee of safety an account of the state and progress of the said manufactory, and the quantity of arms so manufactured. | Commissioners to superintend it. Appropriation. |
| And be it farther ordained, by the authority aforesaid, That the committee of safety shall have full power and authority to purchase in the neighbouring colonies, or elsewhere, any number of stands of arms, not exceeding three thousand, which they may judge necessary for the use of the troops to be embodied for the defence of this colony, and also any number of gun locks which may appear to them to be wanted for the arms made at the aforesaid manufactory, if a sufficient number of proper locksmiths cannot be employed: and also, that the said committee do provide a sufficient quantity of gun flints and cartridge paper, which they shall judge necessary. | Committee of safety may purchase arms. |
| And for the greater encouragement of persons to make saltpetre and sulphur, Be it farther ordained, That the sum of three shillings for every pounds of good saltpetre, and the sum of one shilling per pound for any quantity not exceeding twenty thousand pounds neat weight of good sulphur, which shall be manufactured | Premium for salt petre, & sulphur. |
| and refined of materials of the natural produce of this colony, and delivered to any committee to any committee of a county or corporation, on or before the first day of October one thousand seven hundred and seventy six, for the use of the public, shall be paid to the proprietor thereof, by the treasurer aforesaid, upon a certificate from the chairman of the said committees respectively; and the said committees shall severally forward all such saltpetre and sulphur to some manufacturer of powder, who shall give a receipt for the same, obliging himself to deliver for the public use as much powder, in exchange for the said saltpetre and sulphur, as shall be agreed on by the said committees and manufacturer. | ||
| And for the more immediate provision of lead, Be it farther ordained, That the committee for the county of Fincastle shall and may contract with the proprietors of certain lead mines in that county for such quantities of lead as may from time to time be judged necessary, and delivered at such place as shall be directed by the committee of safety; and in case of refusal of such proprietor, the said committee of Fincastle shall and may agree with the said proprietors for the use of the said mines, and employ proper persons, and furnish necessary materials, for the making of lead, at the charge of this colony. | Power of committee to procure lead, from the lead mines in Fincastle. | |
| CHAP. VII. | ||
| ||
| WHEREAS the united colonies of North America, in this time of general danger, have judged it necessary, and accordingly resolved, respectively, to depute certain delegates to meet in general congress at Philadelphia on the fifth day of September next, to consult on the state, and provide for the safety and welfare, of the said colonies: Be it therefore ordained, That every delegate who may be appointed to attend the said congress, or any future general congress, as a representative for | Pay of members to the general congress. |
| this colony, shall be allowed for every day that he may attend therein the sum of forty five shillings, and for travelling to, or returning from such congress, at the rate of one shilling per mile, besides all ferriages; which allowance shall be paid to the respective delegates by the treasurer for the time being, appointed by general convention, out of any publick money which may be in his hands, by virtue of any ordinance of convention, not otherwise appropriated. and for the greater convenience of the said delegates, the said treasurer shall advance to each delegate, before his departure, any sum of money not exceeding two hundred pounds; who, if it shall happen to exceed his allowance for attendance and ferriages as aforesaid, shall, on his return, refund such excess to the treasurer. |
| Pages 35-53
| Pages 75-92
|