Pages 109-130 
|  Pages 153-173
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| Pages 109-130
| Pages 153-173
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| CHAP. VII. | ||
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| WHEREAS an ordinance intituled An ordinance for establishing a mode of punishment for the enemies of America in this colony is defective, and inadequate to the purposes thereby intended: For amendment thereof, Be it ordained, by the delegates and representatives of Virginia, in convention assembled, and it is ordained, by the authority of the same, That if any free person or persons shall in any manner, or by any device, ways, or means, aid, abet, or assist the enemy, he, she, or they, so offending, being duly convicted before | See December 1775, chap.
VII. Further punishment, for aiding the enemy. |
| the commissioners appointed, and according to the mode prescribed, by the said ordinance, shall forfeit all his, her, or their estates, real and personal, to the use of the commonwealth, and moreover be imprisoned during such time as the said commissioners shall direct, not extending beyond the continuance of the present war with Great Britain. | |
| And whereas two of the judges appointed to take cognizance of matters relating to vessels and their cargoes have been appointed to other offices, and the third hath resigned: To supply to other offices, and the third hath resigned: To supply their places thereby become vacant, Be it ordained, That James Hubard, Joseph Prentis, and John Tyler, esquires, be, and they are hereby constituted judges to hear and determine all causes maritime arising within and belonging to the jurisdiction of the admiralty, all offences committed on the high seas, and all captures of vessels and their cargoes from the enemies of America, and from the inhabitants of this or any other of the united colonies made liable to seizure and confiscation, by ordinances of convention and the resolutions of the continental congress thereby adopted; for which purpose, the said judges, or any two of them, may hold a court at such place within this colony as they may think most proper for the execution of their office, and may adjourn from time to time, and to any other place they may judge necessary, the said judges having taken before the governour and privy council, and having administered to the advocate, clerk, and marshal, appointed by them, the respective oaths prescribed in the said ordinance. And the said judges and their officers shall be paid for their services such allowance, and in such manner, as by the said ordinance is directed. | New judges appointed to decide on cases of admiralty, and breaches of this ordinance. |
| And be it farther ordained, That all trials in the said court of admiralty shall be by juries of freeholders, to be empannelled by the marshal, and sworn according to the methods of proceeding in courts of common law; for summoning which juries, the said judges, or any two of them, may issue their precept to the marshal. And if any juror summoned, by virtue of such precept, shall fail to attend, he shall forfeit fifty shillings, to be levied by fieri facias issuing out of the said court, unless, having been duly cited, he shall show good cause to the contrary, within ten days. | Trial by jury in court of admiralty. |
| And be it farther ordained, That the resolutions of the continental congress relative to the capture of vessels | Resolutions of Congress as to capture |
| and their cargoes, made on or before the third day of April last, shall be in force in this colony. | of vessels adopted. | |
| And be it farther ordained, by the authority aforesaid, That in all cases of captures, before any suit shall be commenced for the condemnation thereof, the prosecutors shall give caution for the costs of the claimant or defendant, which shall be awarded in case judgment shall be entered for him. | Prosecutors to give caution for costs of claimant. | |
| And wherees there is no provision made for the maintenance of the wives and children of those person who may be adjudged inimical, Be it farther ordained, by the authority aforesaid, That out of the lands and other estate of every person who hath been or shall be condemned, under this or the former ordinance, for punishing the enemies of America, there shall be allowed, by the commissioners appointed by the court condemning such person as aforesaid, such part of the said estate as they shall judge reasonable to the wife and children of such person for their maintenance and subsistence. | Allowance to wives and children of persons adjudged inimical. | |
| And be it farther ordained, That this ordinance shall be in force until the first day of December next. | Continuance of this ordinance. | |
 CHAP. VIII. | ||
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| WHEREAS the mode for making tobacco payments, established by an ordinance of the last convention, has been found inconvenient to the inhabitants of this colony, and renders the office of collectors expensive, and their duty extremely difficult: | Preamble. | |
| For remedy whereof, Be it ordained, by the delegates and representatives of the people of this colony, now met in general convention, and by the authority of the same, |
| That the several county courts and vestries within this colony, where collectors are not already employed, shall, and they are hereby empowered and required to appoint such and so many places within their respective counties and parishes as to them shall appear convenient and necessary, for the reception of all levies payable in tobacco, at one of which places all payments of the same shall be made by the respective debtors, on or before the last day of August; and the several collectors, or some person for them, shall constantly attend at the places so appointed, from time of appointment until the said last day of August. | County courts and vestries to appoint
cer- certain places in counties, and parishes, at which all levies payable in tobaccoe are to be made. | |
| And be it farther ordained, That the several persons chargeable with levies, who shall fail to make payments in tobacco at the places appointed for the reception of the same within the time above limited, shall in lieu thereof, pay the said levies in money, at such price as shall be limited or appointed by the respective county courts, and vestries of this colony. | ||
| And be it farther ordained, That so much of the said recited ordinance as is contrary to this ordinance be, and the same is hereby repealed. | ||
| CHAP. IX. | ||
| ||
| WHEREAS, in these times of difficulty and distress, it is necessary to practise the utmost economy in the distribution of the publick money: Be it therefore ordained, by the delegates of Virginia, now met in general convention, and it is hereby ordained by the authority of the same, That so much of an ordinance, intituled An ordinance to provide for paying the expenses of the delegates from this colony to the general congress, as establishes an allowance to each of such delegates | Preamble. |
| of forty five shillings for every day's attendance therein, shall, from and after the eleventh day of August next, be repealed, to all intents and purposes. | ||
| And be it farther ordained, That from and after the eleventh day of August next every delegate who now is, or hereafter may be appointed to represent this colony in any general congress, shall, for each day's attendance therein, receive the sum of thirty shillings, to be paid to the respective delegates by the treasurer for the time being, appointed by general convention or general assembly, out of any publick money which may be in his hands by virtue of any ordinance of convention or act of general assembly. | Pay of members of Congress reduced. | |
| CHAP. X. | ||
| ||
| BE it ordained, by the delegates of the several counties and
corporations in this colony, assembled in convention, That if any person shall counterfeit,
aid or abet in counterfeiting, the continental bills of credit in this colony, or the paper money
of any of the United Colonies, or shall counterfeit, aid or abet in counterfeiting, or making
base coin, or who shall pass any such in payment, knowing the same to be counterfeit or base,
every such person shall, on legal conviction, suffer death, without benefit of
clergy. |
Counterfeiting paper money, either continental, or of any of the United Colonies, or making base coin, or passing any such in payment, knowingly, death without clergy. |
| CHAP. XI. | |||
|
[Amended, post c. XIII] | ||
| WHEREAS it hath become necessary; for the better defence of this country, to augment the ninth regiment of regular forees, so as to make the same equal with the other regiments; Be it therefore ordained, by the delegates and representatives of the several counties and corporations of Virginia, now assembled in general convention, and it is hereby ordained by the authority of the same, That the ninth regiment of regular forces raised for the defence and protection of this country, and stationed in the counties of Northampton and Accomack, be augmented by the addition of two hundred and four men, to be divided into companies of sixty eight each rank and file, under the command of one captain, two lieutenants, one ensign, and four serjeants, and each company to be allowed a drummer and fifer. | The ninth regiment of regulars augmented. | ||
| And be it farther ordained, That the captains and subaltern officers of one of the said companies shall be appointed by the committee for the said county of Northampton, and the captains and subaltern officers to the other two companies by the committee of the said county of Accomack; which officers and men, so to be appointed and raised, shall be considered as a part of the said ninth regiment, and receive the same bounty, pay, and allowance, and be subject to the same regulations and authority, as the other part of the said regiment. | |||
| And whereas there is too much reason to apprehend the enemies of America are endeavouring to kindle an Indian war on our frontiers, which ought timely to be provided against: Be it therefore farther ordained, by the authority aforesaid, That four hundred men be employed for the defence of the north and north-western frontiers, and stationed at the following places, that is to say, two hundred at Point Pleasant, fifty at the mouth of Little Kanawah, fifty at the mouth of Wheeling, and one hundred at Fort Pitt, for so long time as | Officers, how appointed. |
| the committee of safety, or others having the executive powers of government during the recess of the legislature, shall judge them necessary. | |
| And be it farther ordained, That the captain of the company of regulars now stationed at Fort Pitt shall be, and he is hereby empowered and required to advance and allow to each private man of his company a bounty of twenty shillings, provided he shall be willing to continue in the service for the time above required, and to engage others in the room of such as may refuse to serve, so as to complete his company to one hundred men, to remain at that station; that the captain of the company now stationed at Point Pleasant do, in like manner, retain so many of his men as shall be willing to continue in service, or enlist others in the room of such as may refuse, so as to complete his company to one hundred men, to remain at their said station. And that the committee of the county of Botetourt shall appoint one captain, three lieutenants, and one ensign, to command another company of one hundred men to be raised for the said garrison at Point Pleasant, which company shall also be allowed four serjeants, a drummer, and fifer; and the officers so appointed shall proceed to enlist their men in the following proportions, that is to say: The captain forty, the first lieutenant twenty, the second lieutenant eighteen, the third lieutenant sixteen, and the ensign twelve, to be reviewed by three of the committee of the said county of Botetourt, to be by the committee appointed for that purpose. And that the committee of the county of Augusta shall appoint one captain, one lieutenant, and one ensign, to command a company of fifty men to be stationed at the mouth of Little Kanawah, which company shall also be allowed three serjeants, a drummer, and fifer; and the officers so to be appointed shall proceed to enlist the men for the said company in the following proportions, that is to say: the captain twenty five, the lieutenant eighteen, and the ensign twelve, to be reviewed by three of the committee of the said county of Augusta, appointed by the committee for that purpose. And that the committee of the county of Hampshire shall appoint one captain, one lieutenant, and one ensign, to command a company of fifty men to be stationed at the mouth of Wheeling, which company shall also be allowed three serjeants, a drummer and fifer; and the officers are to proceed to enlist the | Forces to be stationed at certain places on western frontiers.
Bounties to men, to continue in that service. Committees of Botetourt, Augusta and Hampshire, to appoint officers for those companies, to be stationed at Point Pleasant, mouth of Little Kanawah, and Wheeling. |
| men for the said company, by retaining so many of the men now at the station as may be willing to engage on the terms of others, and enlisting so many as may be wanting in the proportions mentioned for the company for the Little Kanawah; the new recruits to be reviewed by three of the committee of the county of Hampshire, to be appointed by the committee for that purpose. | |
| And be it farther ordained, That the several men to be raised and employed by virtue of this ordinance shall be entitled to the same bounty, and the officers and men to the same pay and allowance, and subject to the like regulations and restrictions, as by ordinance of convention is provided for other regulars, except that they shall not be marched out of the colony without the mutual consent of themselves and the executive power, and shall not be compelled to serve longer than two years from the tenth of October next; and that the whole four hundred men, with their offices, be under the command of a major, to be chosen by the general convention. | Pay and bounty. |
| And be it farther ordained, That the several persons appointed to review the men shall respectively certify the time each company is complete, which shall entitle the officers of such companies to commissions of that date, from those having the executive powers of government; and all vacancies which may happen among the officers shall be filled up by succession, according to seniority of rank among those of the station where the vacancy happens. | Commissions for officers, how obtained. |
| And be it farther ordained, That the committee of safety, or those having the executive powers of government, shall appoint a paymaster, and one or more commissary or contractors for provisions, for the several forces to be raised and employed on the frontiers; each which paymaster and commissary shall have such pay and allowance for his services as shall be judged reasonable by those having the executive powers of government, exclusive of his necessary expenses. | Paymaster, contractor, &c. how appointed. |
| And whereas it is judged necessary, for the better and more effectual defence and protection of this colony, that certain troops of horse should be raise; Be it therefore ordained, by the authority aforesaid, That six troops of horse, consisting of thirty men each, rank and file, be immediately raised, under proper officers, and taken into the service of his colony; and that each of the said companies be under the command of a captain, a lieutenant, | Six troops of horse to be raised. Officers. |
| a cornet, to be chosen by the convention, and three corporals, to be chosen by the captain, and be allowed a trumpeter, to be also appointed by the captain. And that the several officers and troopers shall, at their own expense, be furnished with horses, proper arms, and accoutrements, and shall be allowed the following pay per day, besides rations and forage, to wit: The captain 7s. 6d. the lieutenant 6s. the cornet 5s. the corporals 3s. each, the trumpeter 3s. and a trooper 2s. 6d. which pay of the officers shall commence from the time of receiving their commissions, and of the troopers from the time of their being provided with a sufficient horse, and properly armed, in the opinion of any field officer of the militia of the county wherein they are enlisted. And that the officers and troopers so to be raised shall continue in the service for such time as shall be judged necessary by the committee of safety, or others having the executive powers of government, but shall not be compelled to continue in the service longer than one year; and that they shall be subject to the articles of war established for the regular forces, and to such orders as they shall from time to time receive from the commanding officer of the continental troops in this colony. | Horses, arms, and accoutrements, how provided Pay. Term of enlistment. |
| And be it farther ordained, That so much money as shall be necessary for the purposes of this act shall from time to time be paid by Robert C. Nicholas, esq. treasurer, or the treasurer for the time being, out of the public money in his hands, by warrant from the committee to safety, or others having the executive powers of government, and an account thereof rendered to the general convention. | Appropriation for. |
| CHAP. XII. | ||
| ||
| WHEREAS by an ordinance, intituled An ordinance for raising and embodying a sufficient force for the protection and defence of this colony, all overseers of four tithables residing on a plantation, and all millers, are exempted from being enlisted into the militia of their respective counties, which said exemption of overseers and of millers residing in the counties of Accomack and Northampton, on the eastern shore, hath been found inconvenient and unnecessary: Be it therefore ordained, by the delegates and representatives of the several counties and corporations of Virginia, in general convention assembled, and it is hereby ordained by the authority of the same, That all overseers, and all quakers and menonists, in Virginia, and all millers residing in the counties of Accomack and Northampton, shall be enlisted into the militia by the commander in chief of the respective counties, and be subject to the same rules and regulations, and liable to the same pains, penalties, and forfeitures, as the rest of the militia; and the said overseers, quakers, and menonists, shall be immediately allotted to the several divisions of militia in their respective counties, in the manner prescribed by a former ordinance respecting the division of the militia in this colony, except in the counties of Accomack and Northampton; but the said quakers and menonists shall not be obliged to attend general or private musters. | All overseers, quakers, and menonists, and all millers
in Accomack and Northampton, to be enrolled in militia. But quakers and menonists not obliged to attend musters. | |
| And be it farther ordained, That where it shall be necessary to call on duty the militia of any colony, upon an invasion or insurrection within the same, or any county adjoining, the commanding-officers shall have full power and authority to order into service such part of the militia of his said county as to him shall seem necessary, and shall also call in the divisions, or any part thereof, according to allotment; and the militia first called on duty shall be discharged as soon as the | Power of commanding officer of county, to call militia into service. |
| divisions called in shall be ready to perform the service required of such division. And where any soldier of the militia shall fail to appear at musters through sickness, the captain, or other commanding-officer of such company present, shall and may hear any evidence offered on behalf of such person failing to attend, and admit the excuse, if to him it shall seem just, and for that purpose is hereby empowered to administer an oath to any witness who shall appear before him to prove such sickness. | His power to excuse, on account of sickness, &c. |
| And where any minute company hath heretofore been completed, and hath been reduced by enlistments into regular service, if the captain hath thirty two men remaining in his company, he shall go into the training duty, and receive pay in the same manner as if his said company was actually complete; and where any minute company hath not been raised pursuant to the directions of a former ordinance of convention, and shall not be raised within two months from the passing of this ordinance, the men enlisted shall return into, serve in the militia, and be allotted as is directed in the case of overseers. | Minute companies not complete, to return to the main body of the militia. |
| And whereas, by the said ordinance, it is farther ordered, that there shall be a private muster of the several companies of each county once a fortnight, which, from experience, is found burthensome: Be it therefore farther ordained, That there shall be a private muster of the several companies in each county or corporation once n four weeks, and no oftener. | Number of private musters reduced. |
| And for as much as the minute company in the city of Williamsburg, by the frequent enlistments of the privates into the regular service, is reduced to so small a number that the same cannot be again completed: Be it therefore ordained, by the authority aforesaid, That the remaining minute-men in the said city shall be discharged, and from that service return to be enlisted with the militia thereof. | Minute company of Williamsburg, how disposed of. |
| And whereas, by the said recited ordinance, the court of Hustings in the city of Williamsburg is to have jurisdiction and to adjudge all penalties to be inflicted under the same on the militia officers and soldiers in the said city, either for neglect of duty or misbehaviour, and it is represented to this convention that it is difficult and inconvenient to hold such courts: For remedy whereof, Be it therefore ordained, That courts-martial | Courts-martial, in Williamsburg, instead of court of Hustings, to punish delinquents. |
| for punishing delinquents of the militia in the said city shall be held by the field-officers and captains therein, and not by the court of Hustings. | |||
| And for as much as the mode of draughting the militia, and arranging them into divisions, as the said recited ordinance requires, hath been found inconvenient in the counties of Accomack and Northampton, Be it therefore ordained, That draughts of the militia of the said counties of Accomack and Northampton, when necessary, shall be made in the manner directed by the last act of general assembly for making provision against invasions and insurrections. | Drafts in Accomack and Northampton, how made. | ||
| And be it farther ordained, That so much of the recited ordinance, together with so much of the ordinance intitled An ordinance for raising an additional number of forces for the defence and protection of the colony of Virginia, and for other purposes therein mentioned, as comes within the purview of this ordinance, shall be, and the same is hereby repealed. | Part of former ordinances repealed. | ||
| CHAP. XIII. | |||
|
[See ante chap. XI.] | ||
| WHEREAS, by an ordinance passed the present session of convention, six troops of horse are directed to be raised for the farther protection and defence to this colony, which ordinance, so far as it respects such troops, is found defective in many instances: | |||
| For remedy whereof, Be it ordained, by the delegates and representatives of Virginia, now assembled in general convention, and it is hereby ordained by the authority of the same, That the commissions to the several officers appointed to command the said six troops of horse shall issue as follows: To a captain, when it shall appear he hath enlisted fifteen troopers; to a lieutenant, when it shall appear he hath enlisted twelve troopers; and to a | When commissions to officers of cavalry to issue. |
| cornet, when it shall appear he hath enlisted nine troopers; upon their respectively producing certificates that such troopers have been reviewed according to the directions of the said ordinance, but the commissions shall be issued in such manner as to preserve the rank of each according to the election made by this convention. | |
| And be it farther ordained, by the authority aforesaid, That the pay of the said officers shall commence from the time of their appointment; and if any of the said offices shall fail to raise their number of men, according to the aforesaid proportion, on or before the last day of August next, it shall and may be lawful for the committee of safety, or others having the executive powers of government in this colony, to appoint any other persons that they shall think proper to supply the place to the officer so failing, or to continue such officer, as appears to them the most likely to complete such troop. | When their pay to commence. |
| And be it farther ordained, That each trooper shall be furnished with the following arms and accoutrements, that is to say: A carbine with bucket and straps, a pair of horseman's pistols and holsters, a tomahawk, a spear, a good saddle well fixed with girts and sursingle, and curb bridle. | Arms, &c. of troopers, of what to consist. |
| And be it farther ordained, That instead of the corporals, trumpeters, and private troopers, furnishing their own horses, arms, and accoutrements, according to the directions of the said recited ordinance, and receiving the pay therein allowed, the said horses, arms, and accoutrements, shall be furnished at the expense of the publick, and the pay of each corporal and trumpeter shall be reduced to two shillings, and of each trooper to one shilling and six pence per day, which shall commence from the time of their enlistment. And to preserve equality, as near as may be, in the kind of horses, that the price to each horse be limited to thirty pounds; and each trooper shall moreover be allowed a bounty of twenty shillings upon his enlistment to serve until the first day of December 1778, unless he be sooner discharged by the executive powers of government, in which case he shall receive one month's pay. | Horses, arms, to be furnished troopers by
the public. Their pay. Limit of price of horses. |
| And be it farther ordained, That there shall be allowed a major-commandant over the whole six troops, who shall be appointed by the general convention or general assembly, and be allowed the pay of ten shillings | Major-commandant of cavalry, how appointed, his pay. |
| per day, to commence from the time that the whole troops shall be completed, or he shall be called into service, and that the several officers and troopers shall be allowed the like tents, rations, and forage, as are allowed to the infantry. | ||
| And be it farther ordained, That every cadet who shall enter into the service, with the approbation of the captain of the respective troop which he is willing to join, and furnish himself with a good horse, and the arms and accoutrements herein directed, shall be allowed the pay and provisions of a private soldier, and one tent for every four cadets. | Cadets in cavalry, provision for. | |
| And be it farther ordained, That there shall be allowed a quartermaster to every two troops, who shall be paid five shillings per day; a rough rider, or horse breaker, for each troop, who shall be discharged after the horses are properly trained, at the pay of five shillings per day; and a drummer for each, who shall be furnished with a horse and accoutrements at the public expense, at two shillings per day; besides their rations and forage. | Quartermaster, rough rider, horse breaker, drummer, for cavalry. | |
| CHAP. XIV. | ||
| ||
| WHEREAS it hath become expedient and necessary, that farther provision should be made for the support and maintenance of such regular forces, minute men, and militia, as now are, or at any time hereafter may be, occasionally employed in the defence of the frontiers, and other parts of this colony, and of such troops as now do, or may henceforward remain, upon the colonial establishment and pay, for the purpose of defraying the expenses of building vessels, furnishing them with seamen and marines, supplying all necessaries for the navy, and satisfying publick claims, and the contingent charges of government; and whereas, from the many | Preamble. |
| unavoidable disbursements hitherto made out of the treasury, the balance in the hands of the treasurer is inadequate to the several purposes aforesaid: | |
| BE it therefore 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 an additional tax or duty of one shilling and three pence shall be paid for every tithable person in this colony, to the sheriff or collector of the county where such person shall be enlisted, by the person enlisting the same, on or before the tenth day of June 1777; and the farther tax or duty of one shilling and three pence shall be paid, in like manner, for every such tithable person, during the six following years, on or before the said tenth day of June, in each respective year. | Additional poll-tax. |
| And be it farther ordained, That an additional duty or tax of one shilling for every hundred acres of land in this colony, and after that rate for a greater or lesser quantity, whether of patented land, or land in the county of Fincastle, and district of West Augusta, for which no patents have been obtained, the rights of the holders whereof to vote at elections of delegates and committee men, have been stated and allowed, by an ordinance of convention, shall be paid, on or before the tenth day of June, 1777, to the sheriff or collector of the county or district where such land may lie, by the proprietor, or parents or guardians of infants, if resident in the county or district where such lands may be situated, 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, parent or guardian; and the farther tax or duty of one shilling shall be paid, in like manner, for every such hundred acres of land, and after that rate for a greater or lesser quantity, during the six following years, on or before the said tenth day of June, in each respective year. | Additional land-tax, whether patented, or land, in Fincastle, and West Augusta, not patented. |
| Provided always, 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. | Proviso. |
| And be it farther ordained, by the authority aforesaid, That the said taxes shall be collected, according to the list of tithables by act of Assembly required to be given | Taxes, how collected. |
| in, and the quantities of land returned pursuant to an ordinance, intituled, "An ordinance for appointing commissioners to settle the accounts of the militia lately drawn out into actual service, and for making provision to pay the same, as well as the expense of raising and providing for the forces and minute men directed to be embodied for the defence of this colony;" and the several sheriffs or collectors shall give bond and security, have the power of collecting, levying, and distraining for the said taxes or duties, and account for and pay the same at such time, and in such manner, as by the said ordinance is directed; and together with their securities, shall be liable to the same penalties and judgments as by the said ordinance are prescribed in case to failure in their duty. | |
| But, forasmuch as the taxes or duties imposed by this ordinance, being necessarily and unavoidably made payable at so distant a day, cannot answer the immediate exigencies of this colony, for which they were imposed: Be it therefore ordained, by the authority aforesaid, That it shall and may be lawful for Robert C. Nicholas, esq. or the treasurer for the time being, appointed by and pursuant to an ordinance of convention, to issue and emit treasury notes to satisfy the demands which shall be made upon him for the purposes aforesaid, so as the whole sum of such notes, so to be issued, shall not exceed one hundred thousand pounds, which several notes shall be prepared, printed, and engraved, in such form, after such method, or on such paper, as the said treasurer shall judge most safe against counterfeits and forgeries; one thousand of which notes shall be of the value or denomination of four pounds, one thousand of three pounds, one thousand of two pounds, and one thousand of twenty shillings, all of which shall be numbered by John Pinkney, gentleman, and signed by Richard Morris and George Seaton, gentlemen; also ten thousand of the denomination of 12s. 6d. ten thousand of 10s. ten thousand of 7s. 6d. and ten thousand of 5s. all of which shall be numbered by John Pinkney, gentleman, and signed by Richard Morris and George Seaton, gentlemen; also thirteen thousand three hundred and thirty three of the denomination of 2s. 6d. to be numbered by Adam Craig, gentleman, and signed by John H. Norton, gentleman; and thirteen thousand three hundred and thirty three of the denomination of 1s. 3d. to be numbered by | Paper money or treasury notes to be emitted. Denomination. By whom signed and numbered. |
| Adam Craig, gentleman, and signed by John Dixon, gentleman; and the residue of the said 100,000l. shall consist of bills or notes of the denomination of dollars, and parts of dollars, each dollar to be of the value of a Spanish milled dollar, and the parts of dollars of the same proportionate value, to be numbered by John Pinkney, Littlebury Mason, or Jacob Bruce, gentlemen, and shall be signed, as follows, to wit, all of the value of two dollars and upwards by Richard Morris and George Seaton, and the residue by John Carter Littlepage, gentleman. And William Pierce and John Carter Littlepage, gentlemen, shall be, and are hereby appointed to overlook the press during the time of printing the press during the time of printing the notes to be issued pursuant to this ordinance, one of whom shall constantly attend the same, and use the utmost care, attention, and diligence, that the number and amount of the said notes, according to their respective denominations aforesaid, be not exceeded, nor any fraudulent practice used by the printer, his agents, servants, or any other person; and the signers of the said notes shall, each of them, receive of the said treasurer the sum of 7s. 6d. for every thousand notes by them signed, the numberers thereof the sum of 5s. for every thousand notes by them numbered, and the overlookers of the press the sum of 15l. each for their services. | Overlookers of the press. Compensation. |
| And be it farther ordained, by the authority aforesaid, That if all, or any of them, the said John Pinkney, Richard Morris, George Seaton, John Hatley Norton, Adam Craig, John Dixon, Littlebury Mason, Jacob Bruce, William Pierce, and John Carter Littlepage, shall die before finishing the work to them hereby respectively assigned, or refuse to undertake or perform the same, in that case it shall and may be lawful for the treasurer to appoint some other person or persons to sign the said notes, number them, or overlook the press, in the room of him or them so dying before the finishing the said work, or refusing to undertake or perform the same; which signing, numbering, or overlooking of the press, shall be as effectual, to all intents and purposes, and entitled to the same reward, as if such notes had been signed or numbered, or the press overlooked, by the persons herein named. And publick notice of such alteration shall be given by the treasurer in the Virginia Gazette, for three weeks, immediately after such alteration shall take place. | Vacancies in signers, &c. how supplied. |
| And be it farther ordained, by the authority aforesaid, That all the treasury 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, and shall then be taken in, paid, and discharged, by the treasurer for the time being, appointed as aforesaid, and shall be burnt and destroyed by the committee appointed by the ordinance before mentioned and referred to; and that the treasurer for the time being shall pay away the same, and receive the taxes imposed for the redemption thereof, for which services, and the paying away all such other sums of money as shall from time to time be issued, receiving the taxes imposed for the redemption thereof, and performing the whole business of treasurer, he shall be allowed and receive a salary of 700l. per annum. | Notes, when redeemable. |
| And be it farther ordained, That all such notes, and also those issued or to be issued pursuant to the said recited ordinance, shall be received and pass as a lawful tender in payment of any debt, duty, or demand whatsoever, so long as the same shall continue in circulation. And if any person or persons within this colony shall, during the time the said treasury notes are to remain current as aforesaid, offer to sell, or expose to sale, any goods or chattels, lands or tenements whatsoever, and shall deny or refuse to sell the same, or demand a greater price, unless he be paid for the same in gold or silver coin, and not in the said notes, or if any person or persons shall exchange gold or silver coin for the said bills, and demand or take any allowance for the difference of the value thereof, or shall offer to buy or sell bills of exchange at a greater hr higher difference of exchange for the said treasury bills than for gold or silver coin, or shall use any other device, means, or method whatsoever, whereby the credit of the said notes may be impaired, every person so offending shall forfeit and pay after the rate of twenty five per centum upon the value of the goods or chattles, lands or tenements, so offered or exposed to sale, or of the money so exchanged, or of the bills of exchange so bought or sold, to be recovered by the informer, to his own use, before a justice of the peace, where the penalty does not amount to more than twenty five shillings; and, where it shall exceed that sum, the said penalty shall be one half to the executive power, in trust, for the use of the colony of Virginia, and to be paid to the treasurer for the time being appointed | Paper money a lawful tender. Penalty for refusing it. |
| as aforesaid, and the other half to the informer, and shall and may be recovered with costs, by action of debt or information, in any court of record within this colony. | |
| And be it farther ordained, by the authority aforesaid, That if any person or persons shall forge or counterfeit, alter or erase, any such treasury note, or shall tender in payment by way of barter or otherwise, to any person whatsoever, or shall demand a redemption of any such note at the treasury, knowing the same to be forged or counterfeited, altered or erased, every person so offending, if lawfully convicted thereof, shall suffer death without benefit of clergy. | Forging, or counterfeiting, death without clergy. |
| And be it farther ordained, That the monies to be raised by the duties or 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 to his hands, by virtue of this ordinance, for and towards the redemption of the said treasury notes, and to none other use, intent, or purpose, whatsoever; and the said treasurer shall account with the convention, or general assembly, for the same. And if the said taxes shall prove deficient in the redemption of the said treasary notes so to be issued, 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 convention, or act of the legislature. | Also the whole property to the inhabitants of the country. |
| And be it farther ordained, That Robert C. Nicholas, esq. treasurer, or the treasurer for the time being, shall give bond, with such security as shall be approved by the executive power, in the sum of 100,000l. payable to the supreme magistrate, or the members who form the executive power, in trust, for the use of the publick, conditioned for his faithful accounting for and paying all such sums of money as shall be received by him from time to time by virtue of this ordinance; and in case of the death, resignation, or disability, of the said treasurer, the treasurer to be appointed in his stead shall give the like security before he enters on the execution of his said office. | Bond to be given by the treasurer. |
| And be it farther ordained, That in case of the death, resignation, or disability of the said Robert Carter Nicholas, esq. to act in his said office, it shall be lawful | Vacancy in office of treasurer, how supplied. |
| for the executive power, if the convention or legislature are not sitting, to appoint another fit and able person to be treasurer in his room, who shall be authorised to act in all things pertaining to the said office till the meeting of the next convention or legislature. | ||
| CHAP. XV. | ||
| ||
| WHEREAS the naval preparations of this colony will be carried on with greater expedition and success if proper persons are appointed, whose business it shall be particularly to superintend and direct the same: | Naval commissioners appointed. | |
| Be it therefore ordained, by the delegates of Virginia, now met in general convention, and it is hereby ordained, by the authority of the same, That Thomas Whiting, John Hutchings, Champion Travis, Thomas Newton, junior, and George Webb, esquires, be, and are hereby appointed and declared a board of commissioners for the purposes hereinafter mentioned; and the said board shall, as soon as possible, assemble at such convenient time and place as may be appointed by the person first named of the said board, and being so assembled, and having taken an oath, to be administered to the member first named of the said board, and being so assembled, and having taken an oath, to be administered to the member first named by any two other members, and afterwards by him to the rest of the board, well and faithfully to execute the duties of his or their office, shall proceed to the election of a person to preside over the board; who shall be called first commissioner of the nave. And the board shall also appoint a clerk, and such other assistants as they may judge necessary, who for their services shall receive such salary or reward as may be judged reasonable and adequate thereto by the general convention, or legislature. And the board shall have power to adjourn from time to time, and to such place as they may think fit or convenient. And if any exigency should require an intermediate meeting of the | How organized. |
| board, the first commissioner, and in case of his absence any other member of the board, may convene the same, and proceed to business in the same manner as if such meeting had been holden at the time to which it was adjourned. | |
| Provided always, That a majority of the board shall have full power and authority to enter upon and execute the duties to them by this ordinance assigned; and in case of the death, sickness, or absence of the first commissioner, may choose any other of their members to preside, pro tempore. | Majority may act. |
| And be it farther ordained, by the authority aforesaid, That the business of the said board shall be to superintend and direct the building of all vessels, whether such as are employed for the immediate annoyance of the enemy, or for expediting the transportation of troops over rivers; to manage the outfits of the same, furnish them with necessary ordnance, victualling, provisions, and naval stores; to take under their care the publick rope-walk already erected, or to erect other rope-walks and dock yards, as occasion may require; to contract with workmen, builders, or other persons, for these purposes; to provide as large quantities of timber for ship-building as to them shall seem fit; to audit and pass all accounts of the expenditure of money, howsoever incurred in the naval department; to recommend proper persons to the governour and council, or the executive power, to fill vacancies in the navy or marines, who are to be approved or commissioned by him or them; to inform themselves of the state of the navy, as often as possible, by requiring proper returns and reports from the officers thereof; to draw warrants upon the treasury for the sums of money necessary for the purposes aforesaid; to keep an accurate list thereof; to cause their proceedings to be fairly recorded; to hold them in readiness to be laid before the convention or legislature, whenever thereto required; to remove or suspend all officers in the naval department, upon neglect of duty or misbehaviour; and generally superintend and direct all matters and things to the navy relating. | Their powers and duties. |
| Provided always, That nothing herein contained shall be construed to empower the board to alter, or in any manner affect, any contract heretofore made by the committee of safety with builders or other persons, to build vessels without application to them for that purpose made by the legislature (in which case they shall | Not to affect contracts made by committee of safety. |
| determine upon the dimensions, form, size, and burthen of the same) to draw warrants upon the treasury at pleasure, without having them countersigned by the executive power, or to interfere in any manner with the jurisdiction of the court of admiralty. | |
| And be it farther ordained, That the board shall forthwith provide for, and superintend, the building, preparing, and outfitting of the two row galleys directed to be built for the defence and protection of the counties of Northampton and Accomack, and of the boats necessary for the commodious transportation of troops over the several navigable rivers. | Two row gallies to be immediately built. |
| And be it farther ordained, That no member of this board, after he shall have accepted the said office, and undertaken to perform the duties thereof, shall hold any military office whatsoever, or be capable of sitting or voting as a member of the legislature; and that each of the commissioners by this ordinance appointed shall receive twenty shillings for each day's attendance at, or travelling to or from the board, in full satisfaction for his services and expenses. | Naval committee excluded from military and legislature. |
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| Pages 109-130
| Pages 153-173
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