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CHAP. III.

An Act establishing a Board of bed Bills of

War.

[From Revia 1779, chap VIII. p. 8.j

how

member may

BE it enacted by the General Assembly, That a

Board of board of war shall be constituted to consist of five war,

constituted. persons to be chosen by joint ballot of both houses of assembly at the first session of every assembly, and to continue in office until the next choice shall be made; but any be removed within that time by Vacancies,

how supplijoint vote of both houses, and thereupon, as also on

ed. the death, resignation, or refusal to act of any member, they shall proceed to choose another, to act in his stead and during his term, and if such death, resignation, or refusal to act, happen during the recess of assembly, the governour and council may appoint some person to act in the said office, until the end of the next session of assembly; the members having in some court of record, or before some judge or justice thereof, given assurance of fidelity to the commonwealth, and taken the following oath: “I A. B. do solemnly

Oath of

members. promise and swear, that I will faithfully, impartially, and justly perform the duty of my office of a member of the board of war, according to the best of my skill and judgment. So help me God.” Any three of them may proceed to business, and he who is first in the nomination shall preside.

The duty of the said board shall be to superintend Their duty, and manage, subject to the direction and controul of subject to dithe governour with the advice of the council, all mat- ecutive. ters and things within the department of war, and all persons holding offices or performingi duties within that department; all their resolutions, proceedings, and orders before they are carried into execution, shall be signed by the governour; the said board shall depute by rotation, unless they can otherwise agree, some one of their members to visit, and personally examine and report, once in every two months at the least, the condition of the military stores and provisions in the several magazines, they shall also appoint a commissary of prisoners. · They shall sit at such places and in such apartments sit, and how

Where to as the governour with the advice of the council shall convened.

Vol. X.

optional O Sath IS direct; and if at any time they shall be separated, and

occasion for their meeting shall arise, the governour Commission- shall have power to call them together; they shall have vy, and their authority from time to time, to appoint a commissionclerk, ap

er of the navy, and also their own clerk; which clerk pointed by and commissioner, shall severally take an oath of ofthem.

fice, and also to keep secret all such matters as they Oath of se. crecy.

shall direct to be kept secret; the said oath may be ad ministered by any member of the board.

CHAP. IV.

An Act for raising a body of Volun

teers for the defence of the com monwealth.

How organ

Preamble. WHEREAS it is necessary that the state be at all

times provided with a force sufficient to repel any hostile invasion, and it being found that the militia, as it is at present constituted, is not sufficient for that pur

pose, Be it enacted by the General Assembly, That Volunteers there be immediately raised for the publick service,

four thousand five hundred and sixty volunteers, including non-commissioned officers, to serve within this commonwealth for the defence thereof during the present invasion, who are to be regimented, officered, and

accoutred, in manner as is herein after directed. That ized. the said four thousand five hundred and sixty volun

teers, when raised, be formed into battalions of ten companies, each company to consist of fifty rank and

file, to be commanded (except where otherwise directOfficers and ed) by a captain, lieutenant, and ensign, an adjutant staff. and regimental quarter-master, to be appointed from the

Officers of the regiment, a surgeon, and surgeon's mate, one serjeant major, one drum major, four serjeants, four corporals, one drummer, and one fifer to each company. Each regiment to be commanded by a lieutenant colonel and major, who shall have a company in the regiment, and draw pay as captains also; to each of which companies there shall be an additional lieu

tenant. That the general officers to command the Officers, &c. same, to wit: One major general and two brigadier how ap

pointed. generals, be appointed by joint ballot of both houses of assembly, and commissioned by the governour; the Jieutenant colonels and majors, captains and subalterns, shall be appointed by the governour, with the advice of the council, and commissioned by the governour; the surgeon, surgeon's mate, adjutant, and regimental quarter-master, the serjeant major and drum major, to be appointed by the lieutenant colonel; the serjeants, corporals, drummers, and fifers, by the captain of each company; there shall also be a chaplain Chaplains. to each battalion, who shall be appointed by the lieutenant colonel; that there be provided for each battalion, one field piece, with the necessary implements to fit them for service; that the pay, rations, and fo- Pay,&c.same

as eontinen. rage, of the officers and soldiers be the same as in the isl. continental army; that a complete suit of clothes, to wit: A coat, waistcoat, pair of overhalls, and shoes, two shirts, and a hat, be given to each soldier or noncommissioned officer, on the first day of November next, or as soon after as they can be procured, provided that such soldier or non-commissioned officer continue in service five months from the time of his enlistment, or an equivalent in money, proportioned to his time of service, if sooner discharged; that blankets and tents also be provided for them, together with necessaries for travelling and camp uses, arms, ammunition, and accoutrements; and if it shall so happen that any soldier who shall be enlisted into the service, shall have it in his power to furnish any of the convenien, cies and accoutrements which may be necessary, the same may be purchased from him for the publick use, at a reasonable and adequate price.

And for their better accommodation, each officer Spirits and and soldier shall be furnished, during his service, with sugar, how

furnished spirits and sugar from the publick stores, on the same terms as the continental or state troops, and be subjected to the like rules and discipline; but instead of a gill of spirits to each officer and soldier in the state, which is now delivered daily, there be allowed only a gill to every officer, soldier, and militiaman, who shall be on duty, until a greater quantity can be procured by the executive for that purpose than at present.

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direct; and if at any time they shall be separated, and

occasion for their meeting shall arise, the governour Commission- shall have power to call them together; they shall have er of the na.

authority from time to time, to appoint a commissionvy, and their clerk, ap.

er of the navy, and also their own clerk; which clerk pointed by and commissioner, shall severally take an oath of ofthem.

fice, and also to keep secret all such matters as they Oath of se. crecy.

shall direct to be kept secret; the said oath may be ad ministered by any member of the board.

CHAP. IV.

An Act for raising a body of Voluna

teers for the defence of the com: monwealth.

How organ

Preamble. WHEREAS it is necessary that the state be at all

times provided with a force sufficient to repel any hostile invasion, and it being found that the militia, as it is at present constituted, is not sufficient for that pur

pose, Be it enacted by the General Assembly, That Volunteers there be immediately raised for the publick service, to be raised.

four thousand five hundred and sixty volunteers, including non-commissioned officers, to serve within this commonwealth for the defence thereof during the present invasion, who are to be regimented, officered, and

accoutred, in manner as is herein after directed. That ized. the said four thousand five hundred and sixty volun

teers, when raised, be formed into battalions of ten companies, each company to consist of fifty rank and

file, to be commanded (except where otherwise directOfficers and ed) by a captain, lieutenant, and ensign, an adjutant staff. and regimental quarter-master, to be appointed from the

officers of the regiment, a surgeon, and surgeon's mate, one serjeant major, one drum major, four serjeants, four corporals, one drummer, and one fifer to each company. Each regiment to be commanded by a lieutenant colonel and major, who shall have a company in the regiment, and draw pay as captains also; to each of which companies there shall be an additional lieu

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