An Act for making a farther provision for the internal security and defence of this country.

WHEREAS it is judged necessary, as well for the internal security of this country as for the protection of its trade and commerce, that proper fortifications should be erected at the most convenient harbours: Be it therefore enacted by the General Assembly of the commonwealth of Virginia, and it is hereby enacted by the authority of the same. That the governour, with the advice of the privy council, or the president or vice president. As exigencies may arise, with the advice of the said council, may, and he is hereby authorised to direct such fortifications as they may judge necessary and proper to be erected at the following places, to wit: At Portsmouth, in the county of Norfolk; at Yorktown; at Hampton; at Corotoman, in the county of Lancaster; and at Cherrystone's, in the county of Northampton; the two former to be strengthened in the most effectual manner on the land side also, and the whole to be provided with proper ordnance and all other necessaries. And the governour, with the advice of the council, is farther empowered to appoint a skilful engineer for the general service of this commonwealth, who shall hold the rank of and be entitled to the same rations as a lieutenant colonel, allowed two dollars per day for his pay, a theodolite and chain, a servant and horse, and forage for two horses.

And for garrisoning the said fortifications, and for the farther defence of this country. Be it enacted by the authority aforesaid. That three battalions of infantry be forthwith raised, to consist of ten companies each of sixty eight able-bodied men rank and file, each battalion to be commanded by a colonel, lieutenant-colonel, and major, ten captains, twenty lieutenants, ten ensigns, and forty serjeants, and to be allowed a drummer and fifer to each company; and to each of the said battalions there shall be moreover allowed a commissary of provisions, a paymaster, a chaplain, an adjutant, a regimental quartermaster, one surgeon, two surgeons mates, one serjeant-major, one drum major, and one quartermaster serjeant.

And be it farther enacted. That the field officers shall be appointed by joint ballot of both houses of assembly, and commissioned by the governour; the captains and subalterns, the commissary, and paymaster, by the governour, with the advice of the council; the chaplain and surgeon of each regiment, by the field officers and captains; the surgeons mates by the surgeon himself, to be approved by the commanding officer; the adjutant, regimental quartermaster, serjeant-major, quartermaster-serjeant, and drum-major, by the commanding officer of each regiment; provided, that all the captains and subalterns of minute men within this commonwealth, who have been called out into actual service, and volunteers formerly called into duty for the assistance of North Carolina, and since employed in the service of this commonwealth, who shall be willing to serve in the battalions now to be raised in their present ranks, shall be first appointed to the several offices which they now respectively hold.

To prevent disputes which might arise between continental officers and those of the like rank in this commonwealth, when they shall act together. Be if enacted, That in all such cases the officers of this state shall yield to all continental officers of the same rank, and that in all cases where the militia are called into service, at any place where any of the continental forces, or those raised for the defence of this country, shall be employed, such militia shall be under the direction of the commanding officer of the continental or regular forces during the time of their continuance in such service, provided he be of equal or superiour rank to any officer in such militia.

And be it farther enacted, That the said captains and subalterns shall immediately, after their respective appointments, proceed to enlist their several quotas of men following, that is to say: Every captain shall enlist twenty eight men, every first lieutenant twenty, every second lieutenant sixteen, find every ensign ten; and shall be at liberty to do the same in any part of this commonwealth, and be allowed one dollar and a third of a dollar for each man, for recruiting expenses; and if any officer shall fall to recruit his quota of men before mentioned, on or before the first day of March next, the governour. With the advice of the privy council, shall take such measures thereon as shall seem most likely to expedite the raising such quota, whether it be by continuing the same officer or by making a new appointment. And whenever any new appointment shall be made, on failure of any officer or officers to raise their respective quotas, the men enlisted by such officer or officers so failing shall be delivered over to the officer appointed to succeed him, he refunding to the officer who enlisted the same such recruiting expenses.

And for settling the rank of such officers to be appointed as before directed. Be it enacted. That the field officers of each battalion shall be entitled to rank according to the preference given in their election, and the captains and subalterns (except the minute and volunteer officers before mentioned) shall hold rank as shall be settled by the governour, with the advice of the council, according to the priority of the completion of their respective companies.

To the end that recruits raised by virtue of this act may be more conveniently reviewed and passed, Be it enacted. That two of the field officers of the militia of any county, where recruits shall be raised upon request of the captains or subaltern officers, shall review and examine such recruits, and pass a certificate for such and so many as the said field officers shall judge sufficient for the service.

And be it farther enacted. That the officers and soldiers shall be entitled to the same pay and rations, be subject to the same laws, articles, and regulations, as are established by the general congress for the pay and government of the continental troops.

Provided always. That the troops so to be raised shall not be marched out of this country, on any pretence whatever, without the consent of the general assembly, or during their recess by order of the governour, with the advice of the council.

And as an encouragement to men to enlist in the said service, Be it enacted. That there shall be paid to each soldier enlisting, who is to serve three years from the first day of March next, unless sooner discharged, a bounty of twenty dollars; and each soldier shall moreover be furnished, at the publick expense, with a hunting shirt, a pair of leggins, and a blanket, every year during, his continuance in the service, or the sum often dollars in lieu thereof.

And be it farther enacted. That the governour, with the advice of the council, may, and he is hereby authorised to provide, at the excuse of the publick, proper hospitals and barracks for the said soldiers, and a fit and able person to be physician and director general of the said hospital. And if any of the said soldiers shall be wounded and disabled from getting a comfortable livelihood, they shall be maintained and supported during their lives at the expense of the publick; and if any soldier, having a family, shall happen to be killed, his family shall be also supported at the publick expense.

And be it farther enacted. That the five companies of riflemen heretofore raised in this commonwealth, and now at New York, be joined to five of the companies to be enlisted pursuant to an act of this present general assembly, and considered as part of the quota of fifteen battalions to be furnished by this commonwealth; and that a like number of companies to be raised under the said act of assembly be taken into the service and pay of this commonwealth, and considered as composing a part of the troops to be raised by virtue of this act, for the better internal security and defence of the same.

And whereas the several companies of marines in the pay of this commonwealth have not been found fully to answer the end for which they were raised, and the time of their enlistment is nearly expired, and they may be usefully employed in the land service of the state, Be it therefore enacted, That the said companies of marines, or so many of them as shall be willing to serve, be taken into and compose part of the three battalions to be raised by virtue of this act, for the internal security and defence of this country; and the several officers of the said marines shall bear the same rank as they now respectively hold, and shall forthwith proceed to complete their several companies by new enlistments, in the same proportion as is directed for the other officers of the said three battalions.

And be it farther enacted. That if so many of the said officers of marines, and of the minute battalions herein before mentioned, shall be willing to enter into, the said service, as, with the officers of the five companies so as aforesaid exchanged with the continent, will exceed the number required for the said three battalions, the governour, with the advice of the council, shall set aside the supernumerary officers out of such of the said minute-men and volunteers as shall be latest in completing their companies.

And be if farther enacted. That the governour, with the advice of the privy council, may, and he is hereby empowered to provide, at the publick expense, a magazine or magazines of provisions, at such place or places as he may judge proper, sufficient for the subsistence of ten thousand men at least, in the course of the next year, exclusive of what may be necessary for the regular troops which may be in the pay of this commonwealth.

And for the farther defence and protection of this country, Be it enacted. That the commissioners of the navy may, and they are hereby authorised and empowered forthwith to provide necessary plank and timber for the building two frigates, to carry thirty two guns each, and immediately, to direct the building of four large gallies, fit for river or sea service, to be mounted with proper cannon.

And for manning the said gallies, as well as the others which are now building. Be it farther enacted, by the authority aforesaid. That the commissioners for naval affairs may, and they are hereby empowered and required to raise any number of men they shall think necessary for the same, not exceeding in the whole one thousand three hundred exclusive of officers, to serve on board the Virginia fleet, for the term of three years from the first day of March next; and for that purpose, the said commissioners may, from time to time, settle and determine the proper officers and number of men for each galley, as well as the proportion or quota of men to be enlisted by each officer; The said officers to be recommended by the said commissioners, approved of by the governour and privy council, and commissioned by the governour; which officers, so appointed, shall proceeed to enlist the men accordingly, and shall have rank from the completion of their said quotas, and be entitled to the same pay and allowances respectively, and subject to the same rules and regulations, with the other officers of the Virginia navy. And if any such officer shall fail to enlist his quota of men, the governour, by and with the advice of the privy council, shall have power either to continue such officer or appoint another in his stead, as they shall Judge best for the publick service.

And whereas it may be difficult to raise in due time a sufficient number of seamen, the crews of the said gallies shall consist of three classes, the first of able seamen, who shall be allowed the pay of three shillings per day, the second of ordinary seamen, who shall be allowed the pay of two shillings per day, and the third of common landmen; who shall be allowed the pay of one shilling and sixpence per day. And for increasing the number of seamen in the service of this commonwealth, the captain of each vessel of war is hereby empowered and required, from lime to time, as any landmen shall become capable, to enter them upon the vessel's book ordinary seamen, and as any ordinary seamen shall become capable to enter them as able seamen, and thence forward they shall be entitled to the same pay with the classes to which they are respectively raised. And for the more speedy manning the said gallies, as well as completing the crews of the other vessels of war in the service of this commonwealth, every seaman and landman enlisting as aforesaid shall receive a bounty of twenty dollars; and that the pay of a second mate be four shillings and sixpence, of a boatswain four shillings, per day.

And for the more speedy and effectual supplying the necessary sail duck for the aforesaid gallies, and for the other exigencies of the state. Be it enacted. That Sampson Matthews and Alexander Sinclair, gentlemen, be, and they are hereby appointed trustees, to erect at the publick expense, and superintend, a manufactory, at such place as they shall think proper, for the making sail duck; and the better to enable the said trustees to carry on the said work, they may, and they are hereby empowered, from time to time, to draw on the treasurer of this commonwealth for any sum or sums of money which they may judge necessary for effectually erecting and supporting such manufactory, which several draughts the said treasurer is hereby empowered and required to pay out of the publick money which shall then be in his hands.

Provided, That the whole sum to be drawn does not exceed the sum of one thousand pounds; and on the death, inability, or refusal, of either of the said trustees to act, it shall be lawful for the governour, with the advice of the privy council, to appoint another in the room of such trustee so dying, disabled, or refusing to act.

And be it farther enacted, That the said trustees shall, once in every year at least, lay an account of the state of such manufactory, and of the several sums of money they shall have disbursed, before the general assembly. of this commonwealth.

And be it farther enacted. That the governour, by and with the advice of the privy council, may, and he is hereby authorised and empowered to form out of the two militia companies in the town of Alexandria, in the county of Fairfax, one artillery company, to consist of fifty matrosses, with proper officers, to be duly exercised at the batteries in the said town twice in every week, and to mount proper guards at the same; and the officers and matrosses of the said company, when on duty, shall receive the same pay and provisions, and be subject to the like rules and regulations, as the other artillery companies in the service of this state receive and are subject to.

And whereas the minute companies formerly raised in this country are already greatly reduced by enlistments into the regular service, and are likely to be more so by future enlistments, so that there remains little prospect of their answering the purposes of their institution, and moreover it will tend to weaken the militia of this commonwealth, and may create discontents, if such broken companies of minute-men continue exempt from militia duty. Be it therefore enacted, by the authority aforesaid. That from and after the passing this act all the minute battalions, companies, and parts of companies, throughout this state shall be totally dissolved and discharged, and the said minute-men shall thereafter be considered as militia, and be subject to all such rules and regulations as are or shall be established for the better training and disciplining the militia; and the captains of each minute company shall, and they are hereby required to receive of each man in their respective companies all such arms and other accoutrements as have been provided at the publick expense, and deliver, or cause the same to be delivered, to the county lieutenant of each county, to be disposed of as the governour, with the advice of the council, shall direct.