CHAP. III.
An ordinance appointing a Committee of Safety, for the more effectual carrying into execution the several rules and regulations established by this convention for the protection of this colony.
WHEREAS in the present time of danger, and the alarming and distressed situation of the country, it is judged necessary that a committee of safety should be established, for the better and more effectual carrying into execution the several ordinances and resolutions of this convention:
Be it therefore ordained, by the delegates deputed to represent the several counties and corporations within this colony in the present general convention, and it is hereby ordained by the authority of the same, That Edmund Pendleton, George Mason, John Page, Richard Bland, Thomas Ludwell Lee, Paul Carrington, Dudley Digges, William Cabell, Carter Braxton, James Mercer, and John Tabb , esquires, be, and they are hereby appointed and declared a committee of safety throughout this colony for the purposes aforesaid.
And the said committee shall, so soon as may be, assemble at such convenient time and place as may be appointed by the person first named of the said committee, and being so assembled, and having first 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 committee, well and faithfully to execute the duties of their office, shall proceed to the election of a president, and vice-president, to act in case of the death or necessary absence of the president, and shall also appoint a clerk, who for his services shall receive such salary as may be judged reasonable by the general convention, and the said committee shall have power to adjourn from time to time, and to such place as they think fit and convenient, and if exigencies should occur that may render an intermediate meeting of the said committee necessary, the president, or in case of his absence the vice-president, may convene the said committee, or any six of them, and proceed to do business, as if such meeting was regularly appointed. Provided, that in case of the death, sickness, or necessary absence, of the president and vice-president, the said committee may choose other of their members to either office pro tempore.
And the said committee, or a majority of any six or more members being present, shall have full power and authority to grant commissions under their hands to any officer or officers, and to appoint any commissioners, paymasters, commissaries, or contractors, pursuant to the several ordinances and resolutions of this convention, and to issue their warrants from time to time to the treasurer appointed by this convention, or pursuant to their ordinance, for the payment of all such sums of money as are or shall be directed to be paid by this convention to any person whatsoever, or shall be agreed to be paid by the said committee to any commissioner, paymaster, commissary, or contractor, either for provisions, clothing, tents, arms, or other incidental charges, and for their expenses and trouble in procuring the same; and, in general, to carry into complete and full execution all and every the ordinances and resolutions of this convention, according to the true intent and meaning thereof.
And be it farther ordained, That the said committee of safety, or a majority of them, as aforesaid, shall have full power, from time to time, to superintend, direct, and appoint stations, marches, and encampments, for the regular forces to be raised, so that they may be on all emergencies employed for the more effectual assistance and defence of any part, of the country most exposed to danger; and they shall, moreover, have full power and authority to call forth into actual service any detachments or companies of minute-men, or any parts of the militia from any district or county within this colony, having regard to the convenience and vicinity of such district or county to the place of immediate danger, and also to the internal security of such district or county. And if any companies of minute-men, or militia, shall be called out pursuant to the power given to the chief commanding-officer, or other officers, the said committee shall and may judge and determine on the necessity or propriety of making such draughts, and give such orders as to discharging or continuing them in service, as to the said committee shall seem most expedient and necessary for the advantage and security of the publick.
And be it farther ordained, That in case of any extraordinary exigency, the said committee shall have power to call in any assistance that may be necessary, and can be procured, from either of the neighbouring colonies; and, if required by such colonies as may be exposed to danger, shall likewise have power to send them any assistance from this country that can be conveniently spared.
Provided always, That the militia at large of any county shall not be called into actual service, except in cases of the most urgent and imminent danger, nor continued, on any pretence whatever, longer on duty than their places can be supplied by minute-men, to be drawn from the most convenient districts. And all chief and commanding-officers, as well of the regulars as of the minute-men and militia, shall, and they are thereby required, to pay strict obedience to such orders as they shall from time to time receive from the said committee of safety; and if any chief or other commanding-officer shall refuse or neglect so to do, the said committee shall make a full report of such misconduct to the next convention.
And whereas, till the forces are raised and embodied, it may be necessary to the security of the country that the militia and volunteer companies should be called into service, Be it farther ordained, That the said committee of safety shall have full power and authority to call into service, in cases of danger, to be judged of by the said committee, so many volunteer companies, and such parts of the militia, as they may think necessary for the defence and security of any part of the country; and shall appoint some fit and able person, or persons, to command the same, as need may require. And the said volunteers, and militia, shall be entitled to, and receive, the same allowances as are appointed for the militia in other cases.
And in order to obtain the most authentick intelligence in all matters of importance, and to avoid false alarms, Be it farther ordained, That the committee of safety shall keep up a correspondence with the committees of the several counties and corporations, the commanding-officers as well of the regulars as the minute-men, and shall have full power to appoint a sufficient number of look-outs and advice-boats at proper stations, and to engage necessary expresses, in different parts of the country, to be in constant readiness to set out on the shortest notice; and shall issue their warrants, from time to time, to the treasurer for paying the same.
And the said committee of safety shall cause all their proceedings and transactions to be fairly entered in a book, or books, to be provided at the publick expense for that purpose, which shall be laid before the next convention; to whom the said committee shall be accountable for their conduct touching the premises, in every respect whatever. And each member of the said committee shall receive for his trouble and expenses in discharging the duties of his office, and the important trust hereby reposed in him, such reasonable allowance as may be thought fit by the general convention.
And for the better security of the publick treasury, and publick records in the different parts of the country, Be it farther ordained, by the authority aforesaid, That the committee of safety shall, in case of apparent danger, have full power to cause the said treasury and records to be removed, at the publick expense, to such place or places of safety as they shall think fit and. necessary.
Whereas it is provided, by an ordinance passed this convention for raising a number of men for the protection of this colony, that several officers shall be appointed by district committees, composed of deputies from different counties; and whereas, from the usual method of conducting the business of committees, the chairmen are not allowed to vote on any question, except in cases where the other members are equally divided in opinion, which in this instance may be attended with inconvenience: Be it ordained, That in all appointments of officers by a district committee the chairman of such committee shall have equal right to vote in common with the other members, though they should not be equally divided; and in case it should happen that the whole committee, including the chairman, is equally divided, the matter shall be fairly represented by the district committee to the committee of safety, who shall have full power to determine the election in favour of such of the candidates as they may think fit and grant their commission accordingly.
And be it farther ordained, That the said committee of safety shall have power, and they are hereby desired, to collect together all the arms lately taken away from the publick magazine, and all other arms purchased at the publick expense, at some place most convenient for that purpose, and that they repay the expense incurred by repairing the same; and also all such ammunition and warlike stores as are now the publick property in this colony, or may hereafter be purchased on the publick account; and dispose of such arms, ammunition, and stores, as they shall judge most conducive to the safety of this colony, until the farther order of this or some other convention.
And be it, farther ordained,
That any person who shall hereafter accept of any office of profit, or
pecuniary appointment, under the crown, shall be disqualified from sitting
or voting in the committee of safety; and no member of the committee of
safety shall hold any military office whatever, after the end of the present
session of the convention. And that the said committee of safety shall
continue in office, and exercise the powers hereby given them, until the
sitting of the next general convention, or for one year, in case the convention
should not meet within that time.