By William Waller Hening
Retrieved from Hening’s Statutes at Large (http://vagenweb.org/hening/vol09-01.htm)
3 May 1775
Chapter I (Partial Quote)
BEGUN AND HELD
At the Capitol in the City of Williamsburg
on Monday the third day of May, in the
year of our Lord one thousand
seven hundred and seventy-five, and
the third year of the Commonwealth
CHAP. I. (Partial Quote)
An ordinance for raising and embodying a sufficient force, for the defence and protection of this colony.
WHEREAS it is found necessary, in the present time of danger, that a number of forces should be immediately raised, and that the militia should be settled under proper arrangements, and be thoroughly disciplined, for the better protection and defence of the country against invasions and insurrections:
Be it therefore ordained, by the delegates and representatives of the several counties and corporations within the colony and dominion of Virginia, now assembled in general convention, and it is hereby ordained by the authority of the same, That there shall be forthwith raised, and taken into the pay of this colony, from the time of their enlistment, two regiments complete, to consist of one thousand and twenty privates, rank and file: Five hundred and forty four of whom to be the first regiment, under the command of a colonel, lieutenant-colonel, and a major, eight captains, sixteen lieutenants, eight ensigns, twenty four serjeants, eight drummers, and eight fifers; and the second regiment to consist of four hundred and seventy six, under the command of a colonel, lieutenant-colonel, major, seven captains, fourteen lieutenants, seven ensigns, twenty one serjeants, seven drummers, and seven fifers; to each of which regiments there shall be allowed a chaplain, a paymaster (who is also to act as muster-master) an adjutant, quarter-master, one surgeon, two surgeons mates, and a serjeant-major.
And for the better and more orderly appointment of the officers, Be it farther ordained, That the several field-officers shall from time to time be appointed, or approved, by the general convention of delegates; that the deputies of each district herein after described, excepting the counties of Accomack and Northampton, shall appoint one captain, two lieutenants, and one ensign, to command the company of men to be raised in each district; that the chaplain to each regiment be appointed by the field-offices and captains of such regiment; that the adjutant, quarter-master, and serjeant-major, be appointed by the commanding-officer of the regiment, the surgeon by the field-officers and captains, and the surgeons mates by the surgeon himself, with the approbation of the commanding officer of the regiment.
And be it farther ordained, That the commanding officer of the first regiment shall be allowed a secretary, to be appointed by him, who shall be allowed four shillings a day for his services.
And that the levy of the soldiers may be made general throughout the colony, and the better to avoid irregularity and confusion, Be it farther ordained, That the deputies of each district, except the counties of Accomack and Northampton, having appointed one captain, two lieutenants, and one ensign, as aforesaid,the said officers shall proceed, with the utmost expedition, to enlist within their respective districts their several companies, which are to consist of sixty eight men each; but the said officers shall not go into any other district to complete their company, until the officers in such other district have made up their company, nor, in that case, without the permission, in writing, of the committee of the county first had and obtained.
And as well to prevent the enlistment of such men as are unfit for service, as to fix the rank of such officers, Be it farther ordained, That the deputies of each district shall appoint one certain place of rendezvous within their district, whither the captain of each company, as soon as it is complete, shall resort with his men, and shall give immediate notice thereof to the chairman of the committee of deputies, who is required forthwith to summon all the members of the said committee, who, or a majority of them, being present, shall either proceed themselves to review the said company, or appoint any number of their members, not under three, for that purpose: And if it shall appear to such committee of deputies that the company is complete, of able and proper men, and that they have been regularly enlisted, according to the terms and regulations prescribed by this ordinance, the said deputies shall order and direct the captain immediately to march with his company to the place of general rendezvous, hereafter to be appointed, and, moreover, shall grant to the said captain a certificate of the day when the said company first appeared complete, at the particular place of rendezvous in the district; which certificate being produced to the general committee of safety, the said committee shall cause the same to be entered in a book to be kept for that purpose, and shall cause the like certificates, from all the other district committees, to be entered in the same manner: And when all such certificates shall be returned, the same committee of safety, or the majority of those present, shall, and they are hereby required, to grant commissions, under their hands, to the officers of the several companies, according to their several appointments, fixing their ranks of seniority and precedence according to the priority of the completion of their several companies, certified as aforesaid; and if it shall appear, upon the examination of such certificates, that two or more of the companies appeared at the district rendezvous on the same day, the said committee of safety shall, in such case, determine the right of seniority and precedence amongst the several officers, by a fair and impartial ballot.
And be it farther ordained, That in case any vacancies shall happen, by deaths or otherwise, amongst the commissioned officers, the same shall be supplied, from time to time, by regular succession, in course of seniority, in the respective regiments and companies; and in case of a defect of officers to supply such succession, the commanding-officer of the regiment shall appoint the most proper person, in his opinion, to supply such vacancy, to be approved by the committee of safety.
And that the companies may be kept complete from time to time, Be it farther ordained, That if vacancies should happen among the private men, the commanding-officer of the regiment shall supply the same by new recruits, in the best and most expeditious manner he may be able.
And be it farther ordained, That the soldiers to be raised shall be enlisted on the terms following, to wit: That they shall continue in the service of the publick so long as may be judged necessary by the general convention, but not be compelled to continue more than one year, provided any soldier, or soldiers, do give the commanding-officer three months previous notice, in writing, of his or their desire to be discharged at the end of such period; and if it shall be judged necessary to disband the army before the expiration of twelve months, that each soldier discharged within that time shall be entitled to, and shall receive, six weeks pay in advance. That the pay of each captain, lieutenant, and ensign, shall commence the days of their appointment by the district committees; of the chaplain, and all the subaltern officers, on the days of their repective appointments; of the common soldiers, on the days of their enlisting; and that the pay of the several field and staff officers shall commence on the day of their being called into duty by the general committee of safety; and that the several recruiting officers may advance to each soldier, upon his enlisting, any sum he may think necessary, not exceeding one month’s pay.
Provided always, That no recruiting officer shall be allowed to enlist into the service any servant whatsoever, unless he be an apprentice, bound under the laws of this colony, nor any such apprentice, unless the consent of his master be first had in writing.
And be it farther ordained, That the soldiers to be enlisted shall, at the expense of the publick, be furnished each with one good musket and bayonet, cartouch box, or pouch, and canteen; and, until such musket can be provided, that they bring with each of them the best gun, of any other sort, that can be procured; and that such as are to act as rifle-men bring with them each one good rifle, to be approved by their captain, for the use of which he shall be allowed at the rate of twenty shillings a year; that each common soldier, not already sufficiently provided, in the opinion of his commanding-officer, shall be furnished with sufficient clothing, at the expense of the publick, to be deducted out of his pay.
And be it farther ordained, That the companies to be raised in the districts of Pittsylvania, Fincastle, Bedford, and Botetourt, and of Berkeley, Frederick, Dunmore, and Hampshire, Augusta, Albemarle, Buckingham, and Amherst, Culpeper, Fauquier, and Orange, shall consist of expert rifle-men; and shall be, by the committee to safety, allotted two to each regiment, to be employed as light infantry.
And be it farther ordained, That proper medicine chests, and necessary surgeons instruments, be provided at the expense of the publick.
And for the better protection and defence of the inhabitants on the frontiers of this colony, Be it farther ordained, by the authority aforesaid, That there shall be appointed and raised, exclusive of the regiments before-mentioned, two companies, consisting each of one captain, three lieutenants, one ensign, four serjeants, two drummers, and two fifers, and one hundred men rank and file, to be stationed at Pittsburg; of which the company ordered by this convention to garrison fort Pitt, under the command of captain John Neavill, shall be one; also one other company, consisting of a lieutenant, and twenty five privates, to be stationed at fort Fincastle, at the mouth of Weeling; the other company of one hundred men, and the twenty five men to be raised in West Augusta, also one other company, consisting of one captain, three lieutenants, one ensign, four serjeants, two drummers, and two fifers, and one hundred privates, to be raised in the county of Botetourt, and stationed at Point Pleasant, at the mouth of the great Kanawah; and one other company, consisting of the same number of officers and men as the last, to be raised in the county of Fincastle, and stationed at such posts as may, from time to time, be ordered and directed by the committee of that county.
And be it farther ordained, That the committees of the district of West Augusta, and of the counties of Botetourt and Fincastle, shall appoint the officers to the men in each to be raised; and the several companies last mentioned shall be enlisted in the same manner, and under the same regulations, as are before prescribed for the regiments, except that such companies are not to march to the general rendezvous which may be appointed for the said regiments.
And be it farther ordained, That the commanding-officers to be stationed at Point Pleasant, and Fort Fincastle, shall be under the direction of, and subject to, such orders as they may from time to time receive from the commanding officer at Fort Pitt.
And for settling the pay of the officers and soldiers to be appointed and levied as before directed, the same is declared to be as followeth, to wit: To a colonel, twenty five shillings per day; lieutenant-colonels, twelve shillings and sixpence; to a major, ten shillings; a captain, six shillings; a lieutenant, four shillings; an ensign, three shillings; chaplain, ten shillings, and adjutant, holding no other office, six shillings; if in other office, three shillings; to a quarter-master, holding, or not holding, any other office, the same as to an adjutant; to a serjeant-major, to be appointed from amongst the most expert serjeants, by the commanding-officer of the regiment, two shillings and sixpence; to a serjeant, two shillings; a corporal, drummer, and fifer, each one shilling and eightpence; to each private soldier, one shilling and four pence; to a surgeon, ten shillings; and to a surgeon’s mate, five shillings per day.
And be it farther ordained, That every commissioned and staff officer shall be allowed a tent, and every two serjeants shall have the same allowance, and every two corporals the same; and that for every six private men there shall be provided a proper and sufficient tent; and that one bell tent for each company shall also be provided, at the public expense.
And for the greater encouragement and farther promotion of the service, Be it ordained, That if any person enlisted by virtue of this ordinance shall be so maimed or disabled at to be rendered incapable of maintaining himself, he shall, upon his discharge, be supported at the expense of the publick.
And to the end that the forces to be raised may be well and speedily supplied with waggons, tents, bedding, arms, accoutrements, clothes, provisions, and all other necessaries, Be it farther ordained, That the committee of safety shall, and they are hereby required, to appoint some fit person, or persons, to provide arms and accoutrements, clothes, waggons, tents, and bedding, upon the best and cheapest terms, and also to appoint one or more commissaries or contractors; who are hereby required to use all possible despatch in purchasing such provisions as shall be necessary for the army, and in laying of the same in such convenient place, or places, as may best suit their different stations and marches.
And for the more regular pay of the army, the said committee of safety shall appoint one or more paymasters; and it shall and may be lawful for the said committee, from time to time, to issue their warrants to the treasurer, appointed by or pursuant to an ordinance of this convention, for the paying the several recruiting officers, commissioners, commissaries, or contractors, and paymasters, by them appointed; and to all expresses, and other persons by them employed in lesser services, so much money as the said committee shall judge necessary for their several purposes, taking proper security for the due disbursement and application thereof, and making a proper and reasonable allowance to the several persons so to be appointed for their trouble and expenses in conducting either branch of business to him or them assigned. And the said committee shall have full power and authority to displace and remove from his office any person so by them appointed, either for misconduct or neglect of duty. And the said treasurer is hereby required to pay all such sums as he may be directed by such warrant, out of the publick money in his hands.
And be it farther ordained, That the said committee of safety shall have full power and authority, at such times and places as they may think convenient and necessary, to call all persons, who may receive any publick money for carrying into execution the purposes of this ordinance, to a strict account; and upon examining their accounts, and finding them justly stated, to certify the same, and, if necessary, to give proper acquittals and discharges.
And whereas it may be necessary, for the public security, that the forces to be raised by virtue of this ordinance should, as occasion may require, be marched to different parts of the colony, and that the officers should be subject to a proper controul, Be it ordained, by the authority aforesaid, That the offices and soldiers under such command, shall in all things, not otherwise particularly provided for by this ordinance, and the articles established for their regulation, be under the controul, and subject to the order, of the general committee of safety.
And whereas it is judged necessary, for the better protection of the country in times of imminent danger, that certain portions of the militia throughout the whole colony should be regularly enlisted, under the denomination of minute-men, and more strictly trained to proper discipline than hath been hitherto customary, and, to this end, that the whole colony should be divided into proper and convenient districts:
Be it therefore ordained, by the authority aforesaid, That this colony be immediately formed and divided into sixteen districts, in the following manner, to wit: One district to include the counties of Accomack and Northampton; one other, the counties of Princess Anne, Norfolk, the borough of Norfolk, and the counties of Nansemond and Isle of Wight; one other, the counties of Southampton, Sussex, Surry, Brunswick, Prince George, and Dinwiddie; one other, the counties of Mecklenburg, Lunenburg, Charlotte, Halifax, and Prince Edward; one other, the counties of Amelia, Chesterfield, and Cumberland; one other, the counties of Henrico, Hanover, Goochland, and Louisa; one other, the counties of Pittsylvania, Fincastle, Bedford, and Botetourt; one other the counties of Buckingham, Amherst, Albemarle, and Augusta; one other, the counties of Elizabeth City, Warwick, York, James City, the city of Williamsburg, and the counties of Charles City and New Kent; one other, the counties of Gloucester, Middlesex, Essex, King and Queen, and King William; one other, the counties of Lancaster, Northumberland, Westmoreland, and Richmond; one other, the counties of Culpeper, Orange, and Fauquier; one other, the counties of Caroline, Spotsylvania, King George, and Stafford; one other, the counties of Prince William, Fairfax, and Loudoun; and one other district to include the counties of Berkeley, Frederick, Dunmore, and Hampshire; and the inhabitants of West Augusta are to compose one entire district.
And be it farther ordained, That within the district containing the counties of Accomack and Northampton there shall be forthwith raised on regiment, consisting of six hundred and eighty men, from the ages of sixteen to fifty, to be divided into ten companies, sixty eight each rank and file, to be under the command of a colonel, lieutenant-colonel, and major, ten captains, twenty lieutenants, ten ensigns, thirty serjeants; and each company shall be allowed a drummer and fifer, and the said regiment shall be allowed a chaplain, adjutant, quarter-master, surgeon, two surgeons mates, and a serjeant-major, as hereafter directed.
And be it farther ordained, That within each of the other districts there shall be immediately enlisted one battalion, consisting of five hundred men rank and file, from the age of sixteen to fifty, to be divided into ten companies of fifty men each, who are to be under the command of a colonel, lieutenant-colonel, and major, ten captains, ten lieutenants, ten ensigns, and twenty serjeants; each company to be allowed a drummer and fifer, and the battalion to be allowed a chaplain, adjutant, quarter-master, surgeon, two surgeons mates, and a serjeant-major, as hereafter directed.
And be it farther ordained, That the colonels, lieutenant-colonels, majors, captains, lieutenants, ensigns, and commissaries of musters, for the said regiment, and the several battalions, shall be appointed in the following manner, to wit: The committees to the counties of Accomack and Northampton shall each appoint six of their members as deputies to meet in one general committee, at such time and place as shall be appointed by the chairman of the committee of the said county of Accomack, which place shall be most central and convenient for the meeting of such deputies, and notice thereof shall be given by such chairman to the chairman of the committee of the said county of Northampton, at least ten days before the time of meeting; which deputies having met, according to such appointment, shall settle the number of minute-men to be enlisted in each county, and shall proceed to the choice of the several officers aforesaid. And to prevent inconveniencies which may arise from the deputies so to be appointed not being able to attend, the committee of each county shall appoint six others of their members to supply the places of such as are first named, and whose attendance at the general committee may be prevented by sickness or any other accidents.