WHEREAS it is of the greatest moment to the cause of America that the continental army be speedily completed, Be it therefore enacted by the General Assembly, That any two of the militia of any county, city, or borough, who shall, before the first day of October next, procure one able bodied soldier, other than an apprentice or servant, within the time of his conviction or indenture, and those employed in the publick manufactories of fire arms, to serve for the term of three years, or during the present war, in either of the first nine battalions raised within this commonwealth, and shall deliver such recruit to any officer in one of the said battalions, taking his receipt, which such officer is hereby required to grant, and also procuring the certificate of the justice before whom such recruit shall be sworn, shall be exempted from all draughts whatever, and from attending private and general musters in the respective militia to which they belong, which exemption shall continue during the term for which such recruit shall be enlisted; and the recruit so enlisted shall be entitled to, and receive the continental bounty, and other allowances, over and above all private gratuities, provided that the number of soldiers so enlisted shall not exceed the twentieth part of the militia of each county, city, or borough, within this commonwealth.

And be it farther enacted, That it shall be lawful for every recruiting officer to enlist all able bodied young men above the age of sixteen years, any apprentice or servant, except hired servants, under written contracts, at any iron works, and those employed in the publick manufactory of fire arms, during the time of such contracts, and also all apprentices at such works, during the time of service, legally due by indenture, without leave, in writing, from the owner, or his manager at said works, first obtained, except likewise every imported servant, and that the persons of all soldiers whatever in the service of the continent, or of this commonwealth, shall be free and exempt from all arrests and restraints whatever, for any debt or demand not exceeding fifty dollars, or the value thereof. And If any soldier shall be arrested or restrained of his liberty, contrary to the directions of this act, it shall be lawful for any justice of the peace upon complaint to him made by warrant, under his hand and seal, to order such soldier to be forthwith discharged from his confinement; and if any civil officer shall keep in confinement, or detain in his custody, any such soldier for the space of two hours after receipt of such warrant, he shall forfeit and pay to such soldier the sum of fifteen pounds, to be by him recovered, with costs, by action of debt or on the case, in any court of record. And to prevent a soldier's being unjustly detained, it shall not be lawful for the clerk of any county, or other inferiour court, to issue a writ against any such soldier until the plaintiff hath made oath to the justness of the demand, and that the debt was contracted prior to the enlistment of such soldier, a certificate of which affidavit shall be endorsed on the back of the writ.

And be it farther enacted, That all soldiers in the service of this commonwealth, who have, by the terms of their enlistments engaged to serve for one year, and received one part of the bounty money only, shall be retained in the service until the expiration of the time for which they enlisted.

And whereas, by an act of the last assembly, by which six additional battalions were directed to be raised within this commonwealth, towards completing its quota of the continental army, the several proportions of men to be furnished by each county, city, and borough, were fixed as equally as could be, according to the numbers of their respective militias, and many officers have failed to enlist the quota to them respectively alloted, and notwithstanding the various encouragements formerly given, and now offered by this act, it may happen that the deficiencies will not by supplied in time, so that at length it may become necessary, for the defence and security of this and the other states, that a just and equal draught of men should speedily take place:

Be it therefore enacted, That for the more speedy and certain completion of the said six new battalions, every county, city, and borough, except the counties of Kentucky, Ohio, Monongalia, and Yohogania, in case the officer or officers by them appointed, or to be appointed, have not already, or shall not, on or before the tenth day of August-next, enlist the quota of men allotted to such officer or officers, shall makeup such deficiency by draughts, to be taken from their respective militias in manner following, that is to say: The county lieutenant, or other commanding officer, so soon as conveniently may be, after the said tenth day of August, shall summon the field officers of their respective militias, and the four first magistrates in the commission of the peace, not being field officers, and, together with the said field officers, or any two of them, and the said magistrates, or any two of them, having first taken an oath, to be administered by any justice of the peace, faithfully and impartially to make the allotments and divisions of the militia is directed by this act, shall first ascertain the aforesaid  deficiency in their respective county, city, and borough, and immediately proceed to divide the whole militia of each county, city, and borough, including captains and other inferiour officers, into as many lots as there may be men wanting to supply their quota, including the field officers and the four eldest magistrates in the commission of the peace, who shall be considered as one of the divisions, taking care to allot to each division, other than that composed of the field officers and magistrates, as many able bodied men as conveniency will admit, having regard to the property of each individual composing such divisions, so as to make the number of able bodied men, and the property in each, as equal as may be; that each of the said other divisions shall  be required to furnish one man; and in case any such division refuse, or neglect to do so in fifteen days, that then the field officers and magistrates, as aforesaid, having made themselves acquainted with the situation, and circumstances of each division, shall meet at such convenient place as they shall appoint, and having first taken an oath, to be administered by any Justice of the peace, to act with impartiality, shall fix upon and draught one man, who, in their opinion, can be best spared, and will be most serviceable, from the division so refusing or neglecting; and the said field officers and magistrates, for their division, shall either procure an able bodied man to enlist, or, in default thereof, shall each of them pay the sum of fifty shillings, as an additional bounty to an able bodied man whom the officer appointed to recruit for the deficiency in such county may procure to enlist for the said field officers and magistrates; and the person so furnished or draughted shall, to all intents and purposes, be considered as a regular soldier, shall receive the same bounty, and other allowances, over and above all private gratuities, remain in the service three years, if the war should so long continue, and be subject to the same penalties for desertion and other offences as if he had voluntarily enlisted, unless he shall procure an able bodied man to serve in his room.

Provided, That where it may be necessary to make draughts from any county divided this present session of assembly, the field officers and magistrates, as aforesaid, in each county, shall proceed in the manner before directed; but the draughts necessary to make up the deficiency of the county, when entire, shall be proportioned to the number of militia remaining in each distinct county. And every commanding officer failing to summon the field officers and magistrates, as before directed, shall forfeit and pay five hundred pounds; and every field officer and magistrate failing to attend, as before directed, shall for each failure, without a sufficient excuse, forfeit and pay the sum of one hundred pounds, to be recovered, with costs, in the court of the county where such delinquent resides, by action of debt, or information by any person suing for the same, one moiety to be appropriated to the use of the person suing, and the other moiety to the use of this commonwealth, over and above the fines already imposed by the militia and invasion laws.

And whereas, for the better garrisoning the several fortifications, and for the farther defence of this state, it is expedient and necessary that some other provision should be made: Be it enacted, That a battalion of ten companies of artillery, one company of which to be composed of artificers, shall be forthwith raised, each company to consist of one captain, three lieutenants, one serjeant, four bombardiers, eight gunners, and fifty six matrosses, to be commanded by one colonel, one lieutenant colonel, and one major, to be appointed by joint ballot of both houses of assembly and commissioned by the governour; the captains and lieutenants to be appointed by the governour, with the advice of the privy council, and commissioned by the governour, the serjeants, bombadiers, and gunners, by the colonels. To this battalion there shall be allowed a chaplain, surgeon, and one or two surgeon’s mates, as need may require; the chaplain and surgeon to be appointed by the field officers and captains, and the surgeon’s mates by the surgeon himself. There shall be allowed as pay, besides customary rations, to a colonel two dollars and an half, to a lieutenant colonel two dollars, to a major one dollar and two thirds, to a captain one dollar and one third, to a lieutenant one dollar, to a serjeant two thirds of a dollar, to a bombardier one half of a dollar, to a gunner one third and one twelfth of a dollar, and to each matross, not being an artificer, one third of a dollar, and if an artificer two thirds of a dollar, to the chaplain a dollar and one third, to the surgeon a dollar and two thirds, and to a surgeon's mate one dollar, per day. Each private shall be entitled to, and receive the same bounty, and other allowances, as the soldiers in the other commonwealth battalions are entitled to. The captains and inferiour officers shall enlist their men in the same proportion, and in case of failure or neglect be subject to removal, at the discretion of the Governour and Council; the companies to be reviewed, their rank established in the same manner, and at the same time, as is directed in the other battalions, and their pay commence from the time of completing their respective proportions; the pay of the colonel, lieutenant colonel, and major, shall commence so soon as they shall be called into service, and receive their respective commissions.

And to defray the expense of recruiting, Be it enacted, that every officer shall receive the sum of forty shillings for every recruit he shall enlist.

And be it farther enacted, that the several county courts may, and they are hereby required, to provide, at the publick expense, provisions and all other necessaries for the support and comfortable subsistence of the wives, children, and aged parents, of all poor soldiers who cannot by their own industry support themselves during their absence from home in the publick service, and for paying of the same may draw upon the treasurer for the time being, who is hereby required to pay for the same out of the publick money in hands.

And be it enacted, that all soldiers who have already enlisted, or shall hereafter enlist, into either of the battalions of this commonwealth, shall, for their farther encouragement, be supplied out of the publick store with such clothing and other necessaries as it will afford, and their commanding officers may direct, at the prime cost thereof, without any advance whatever.

And whereas the county of Warwick was omitted in the allotment of the proportion or quota of men to be furnished by each county towards raising and completing the six last continental battalions, and the county of Elizabeth City was directed to raise an ensign and ten men, which, from the exposed situation of the county last mentioned, is an over proportion: Be it farther enacted, that the said county of Warwick shall furnish four men of the quota to be raised by Elizabeth City, in manner as is by this act directed.

And be it farther enacted, that when it shall be found necessary to march the battalion of artillery to be raised by virtue of this act to the assistance of any other state, the pay of the officers and soldiers of the said battalion shall be equal to the pay of artillery officers and soldiers in the continental service, so long as they continue in that service.

And whereas several negro slaves have deserted from their masters, and under pretence of being free men have enlisted as soldiers: For prevention whereof, Be it enacted, that it shall not be lawful for any recruiting officer within this commonwealth to enlist any negro or mulatto into the service of this or either of the United States, until such negro or mulatto shall produce a certificate from some Justice of the peace for the county wherein he resides that he is a free man.