bought to better account, to purchase the said cargoes, and to sell again as diffusive as possible, such parts of them as are not so wanting; to make payment for the same in money, or in commodities, or bills of exchange to be purchased by them for that purpose, or in specie or bullion; to have them stored and safely kept until called for by the governour and council or board of war; to superintend and direct all persons and things employed in or about the said business; to superintend the publick manufactories of all articles, which by this act they are required to provide, to fit out, purchase, or charter vessels of burthen, or of dispatch necessary for fulfilling the purposes of this act, or for carrying or procuring advices for government: All the proceedings of the said board before they are carried into execution, shall be submitted to the governour and council for their approbation, amendexecutive. ment, or negative.

Their proceedings subject to controul of

How monies

The governour with advice of council, shall notify drawn from from time to time to the board of auditors, the sums the treasury, of money which may be necessary for the purposes for the use before mentioned, who shall thereupon give their warrant, or warrants, on the treasurer for the advance of such monies, to be regular debited and accounted for in due time.

of the board.

Where the

and how con

vened.

The said board shall sit at such place and in such board to sit, apartments, as the governour with advice of council shall direct; and if at any time they shall be separated, and occasion for their meeting shall arise, the goverTheir clerk; nour shall have power to call them together: They shall from time to time appoint their own clerk, or clerks, who shall take an oath to keep secret all such matters as they shall direct to be kept secret; which oath may be administered by any member of the board.

oath of se.

crecy.

i

CHAP. III.

An Act establishing a Board of
War.

[From Revised Bills of 1779, chap. VIII. p. 8.]

Board of war, how constituted.

Vacancies, how suppli

BE it enacted by the General Assembly, That a board of war shall be constituted to consist of five 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 member may be removed within that time by joint 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 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 and manage, subject to the direction and controu! of the governour with the advice of the council, all matters and things within the department of war, and all persons holding offices or performing 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.

Oath of members.

Their duty, subject to diecutive,

rection of ex

Where to

They shall sit at such places and in such apartments sit, and how as the governour with the advice of the council shall convened. VOL. X.

C

vy, and their

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 commissioner of the navy, and also their own clerk; which clerk and commissioner, shall severally take an oath of office, and also to keep secret all such matters as they shall direct to be kept secret; the said oath may be administered by any member of the board.

clerk, appointed by

them.

Oath of se. crecy.

Preamble.

How organized.

CHAP. IV.

An Act for raising a body of Volun teers for the defence of the commonwealth.

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 purpose, 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 the said four thousand five hundred and sixty volunteers, 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 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

staff.

how ap

tenant. That the general officers to command the Officers, &c. same, to wit: One major general and two brigadier pointed. generals, be appointed by joint ballot of both houses of assembly, and commissioned by the governour; the lieutenant 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

tal.

to fit them for service; that the pay, rations, and fo- Pay,&c.same rage, of the officers and soldiers be the same as in the as continencontinental 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 conveniencies 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 and soldier shall be furnished, during his service, with 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

Spirits and sugar, how

furnished.

Bounty.

Term of service,

frontiers.

And in order to complete the levy as speedily as may be, each volunteer soldier shall receive a bounty of fifty dollars, to be paid him upon his joining the re giment or company, to which he shall belong; for which purpose the governour, with the advice of the council, is hereby authorized to draw upon the treasurer for the time being for such sum or sums of money, to defray that and the other expenses incurred by this act, as may be sufficient for the same, which the treasurer shall advance out of any publick money which may be in his hands. The governour, with the advice of the council, is hereby authorized and directed to proceed immediately to the appointment of the lieutenant colonels, majors, captains, and subaltern officers, and to take proper measures for raising the whole of the said four thousand five hundred and sixty men as speedily as may be, and as the situation of the state seems to require. The said volunteers to be continued in service for the space of one month after the enemy shall have withdrawn themselves from the commonwealth, unless sooner discharged by the governour, with the advice of the council; and if they shall return within that time, it shall be considered as a continuation of the same invasion. The governour, with the advice of the council, is hereby empowered to appoint a lieutenant colonel and major, to command each of the several regiments of militia which shall be embodied for the immediate defence of the state, which militia so to be embodied, shall be commanded by the same general officers as are appointed to command the volunteers.

Volunteers And for the defence and protection of the western for western frontiers against the Indian or other enemies, who may commit hostilities in that quarter, Be it enacted, That two battalions of the said volunteers be raised in the counties lying on that side the state, and be officered with fit persons to command on that station; and instead of the clothing, arms, and accoutrements, herein before directed, the said battalions shall be furnished Arms, &c. with such clothing, arms, and accoutrements, as are how furnish- most proper for that service; and if any soldier or non

ed.

commissioned officer, enlisted into the said battalions, shall be willing to furnish himself with proper clothing, arms, and accoutrements, the governour, with advice of council, may fix the sum to be paid for the pur