CHAP. XXXIII.

An act to authorize the citizens of South Carolina and Georgia to remove their slaves into this state.

thorised to

WHEREAS many of the good and faithful citizens Citizens of of Georgia and South Carolina, have been, and may South Carobe compelled by the common enemy to fly their coun- lina and try, and seek shelter and protection in this common- Georgia auwealth, but are prevented bringing their slaves hither remove their by an act of assembly entitled "An act for preventing slaves into the farther importation of slaves," and it is incumbent this state. upon the good people of Virginia to afford all possible relief to such our brethren in their present distressed situation; Be it therefore enacted by the General Assembly, That it shall and may be lawful (the said recited act notwithstanding) for any citizen of either of the said states, who hath been or shall be expelled therefrom by the enemy, to remove, or cause to be removed, his or her slaves into this commonwealth, and to continue such slaves, as well as the slaves which under the like circumstances have been removed hither since the twentieth day of May last, and their increase within this commonwealth, until one year next after the expulsion of the enemy from, or the restoration of civil government in the state from which such slaves were respectively removed, and no longer. And all and every such slave or slaves, or any of their increase, How long to which shall be suffered to remain here after the expira- remain, and tion of the said term of one year, to be computed as circumstanaforesaid, shall become free; except only such of the ces they may said slaves as may be sold by the owner for his or her be sold. necessary support and maintenance, in manner hereafter directed: Provided always, That every person removing any slave or slaves from either of the said states, and desiring to take the benefit of this act, shall deliver to the clerk of the first county within this commonwealth into which any such slave or slaves shall be brought, within one month after their arrival therein, an exact list or schedule of each and every slave so removed, distinguishing the name, sex, and as near as may be the age of such slaves respectively, and the

under what

state from whence they were removed; and such persons as have already removed any such slave or slaves into this commonwealth since the twentieth day of May last, shall within one month after the passing of this act, deliver to the clerk of the county into which such slave or slaves were first brought, a list or schedule as aforesaid; which in either case, such clerk is hereby required to enter of record, giving to the person a certificate thereof, upon his or her paying down the fee of one dollar for each slave, and also to transmit to the clerk of the council within one month thereafter, an attested copy of such list or schedule. And to give farther relief to the suffering citizens of the said states; Be it enacted, That all and every slave or slaves removed into this state under the regulations of this act, shall be exempted from any assessment or tax, for the space of one year from the date of their having been registered in the clerk's office as aforesaid: And be it farther enacted, That the governour with the advice of the council, may from time to time, grant to any citizen of either of the said states, a permit in writing, to dispose of or sell, any or so many of such slaves as shall appear necessary for the comfortable support and maintenance of such citizen, and his or her family, causing all such permits to be entered by the clerk of the council, in a book to be kept for that purpose.

CHAP. XXXIV.

p. 130.]

An act to amend the act entitled An [Chan. Rev. act for establishing a loan office for the purpose of borrowing money for the use of the United States and appointing a commissioner for superintending the same.

Richmond,

I. BE it enacted by the General Assembly, That so Commissionmuch of an act entitled "An act for establishing a loan er of loans office for the purpose of borrowing money for the use to remove of the United States, and appointing a commissioner his office to for superintending the same," as directs the loan office thereby established, to be kept in the city of Williams** burg, shall be and the same are hereby repealed; and that from and after the passing of this act the commissioner of loans for the time being, shall keep his said office at the town of Richmond, or such other place as the governour with the advice of council shall and may direct. And be it farther enacted, That in case of the Vacancy in death or resignation of any such commissioner during office, how the recess of the general assembly, the governour and supplied. council shall and may appoint some other proper person to supply the vacancy thereby occasioned, to be approved of by the general assembly.

CHAP. XXXV.

An act for giving farther powers to the governour and council, and for other purposes.

Preamble,

WHEREAS in this time of publick danger, when a powerful and vindictive enemy are ravaging our reciting the southern sister states, and encouraged by success, are vesting the

necessity of

executive

with extraordinary powers.

out militia,

officers of

the militia

making a rapid progress towards our own borders, it has become highly expedient, as well to oppose the common enemy in general, as to provide for the safety and defence of this state in particular, to vest the executive with extraordinary powers for a limitted time, Be it therefore enacted, That the governour, with adPower to call vice of council, shall have full power, and he is hereby required, if need be, to call into actual service, from such counties as shall be judged most proper, any numexperience. ber of the militia, not exceeding twenty thousand men, including those already ordered out by virtue of the act of general assembly, entitled "An act to embody militia for the relief of South Carolina.” And the militia to be called into service by virtue of this act, shall be officered and regimented by the governour, with advice aforesaid. The field officers may either be chosen from the militia field officers in the counties from whence the men shall be drawn, or from such persons as may be in this state, who have gained experience by long service in the continental army, as the governour, with advice of council, shall judge best. To march When regimented, they may be marched either to the northern states, or to the assistance of any of the southern United States. The troops to be drawn into service under this act, if marched out of this state shal! be entitled to the same pay as those who are embodied by the before recited act for the relief of South CaroGovernor & lina. And whereas should this commonwealth be incouncil au- vaded, or there should be an insurrection within the thorised to same, it may be necessary for the publick security that confine or remove dis- disaffected persons should be confined or removed, Be affected per- it enacted, That the governour be authorized, with advice of council, and he is hereby authorized and empowered, with such advice, to commit to close confinement, any person or persons whatsoever, whom there may be just cause to suspect of disaffection to the independence of the United States, and of attachment to their enemies; or to cause any such persons to be removed to such places of security as may best guard In case of in- against the effects of their influence and arts to injure this community, and benefit the common enemy. And be it farther enacted, That in case of any insurrection within this commonwealth, or the same shall be invaded by the enemy, either by land or water, that all and every person or persons within the same, who shall act

out of the state.

gons.

vasion or in surrection, those who

assist the enemy sub

ject to martial law.

as guides to, or spies for them, or who shall furnish
the enemy with provisions or other necessaries; or who
shall encourage desertion from the army, or who shall
dissuade or discourage the militia from opposing the
enemy, or who shall give intelligence, aid, or comfort
to the enemy, shall, and they are hereby declared to
be subject to the law martial as declared by congress
on the twentieth day of September one thousand seven
hundred and seventy six, in the fourth article of the
sixth section, and the eighteenth and nineteenth arti-
cles of the thirteenth section of the continental articles
of war.
And that for the trial of such offenders, a
court-martial, to consist of not fewer than thirteen com-
missioned officers, one of whom shall be a field officer,
shall be called by the county lieutenant or command-
ing officer of the militia in the county where such of
fence shall be committed, or in any other county of
this commonwealth, where such offender may be found.
And such officers shall, before they proceed to trial,
take the following oath, to be administered by a field
officer or eldest captain present to the president of such
court, and then by him to the other members.
shall swear well and truly to try and determine, ac-
cording to your evidence, the matter now before you,
between the commonwealth and the prisoner to be tri-
ed; and that you will duly administer justice according
to law." The commonwealth's attorney for the coun-
ty where the trial is held shall attend the court, and
act as judge advocate; and in case of his absence, the
court is hereby authorized to appoint a person to act
in his stead, and the sheriff or constable, as the court
may direct, shall also attend to put in execution the
orders and sentence of the said court.

"You

ap

Sentence

not to be carried into ex

governor &

council.

Provided always, That no sentence so given shall be carried into execution until the same shall be proved by the governour, with advice of the council. ecution until And to the end that the said articles may be properly approved by promulgated, Be it enacted, That the executive shall cause a printed copy of them to be sent to the county lieutenant or commanding officer of every county in the commonwealth, and direct the same to be published three times in the Virginia gazette, together with this act. And be it farther enacted, That the powers given to the governour and council by an act of the present session, entitled "An act for procuring a sup- published.

Articles of

war to be