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soldier shall alienate or assign -his title to the said laud or slave, until his time of service shall expire.
called upon to execute the various laws, upon this subject, naturally looked to the Chancellor*' Revisal, as containing all the laws, in relation to laud-bounties But unfortunately, in that collection, which was a mere compilation, (See note to vol. 9. p. 176) a great number of acts were omitted, the titles only being, published, Such was the case with the act before us. It is remark* able that, at this same session, the proportion of land bounty to officers was encreased one third, in addition to any former bounty, (see posi chap 27, sec? 4;) and it is but reasonable to suppose that the legislature intended the same liberality to the soldiers. But the title of this act, only, having, been printed in the Chancellors' Revisal, and the act at larg,e, granting, an encrease of bounty to the officers, being published in that collection, the officers received their full quantity, .while the soldiers have never received any land under this law.
Upon the whole, nothing seems clearer than that, all our soldiers -who were in service ai the passage of this act, who had already enlisted, cr who might thereafter enlist by the first doy of April 1781, to serve during the -war, and who continued to serve faithfully to the end of the war, are entitled to 300 acres of land, in lieu of all such bounties given by any former laws. The former bounty, we have already seen was 200 acres.
It may be asked, why was not this law practised upon after the revolution? And why has it been permitted to remain so long a dead letter upon our statute book? If the want of its publica* tion in the Chancellors* Revival already noticed should not be deemed sufficient, other reasons may be offered. The act itself is a very long1 one, occupying, nearly five quarto pages, in the original, not separated by sections, a»d wanting, marginal notes; nor is there any thing, in the title which would lead to the conclusion that it contained any such provisions, as those found to exist in it. The Chancellors, in their compilation, no doubt, glancing at the title, and perceiving, it to be "Jin act for recruiting this state's quota of troops to serve in the continental anny;" had no difficulty in writing, in the marg-in "Had its effect" and directing the title only to be published. The editor of this work candidly acknowledges that, although for upwards of thirty years he has made the laws of Virginia an object of his peculiar research; although far several years of that period he was a mem-i ber of the executive council, and often called on, in his official capacity, to pass on claims for land bounty, and sincerely thought he had examined and noted every law in relation to that subject; yet that he never did read more than the title of this act, untij .. the present day (August 1822) when he was compelled to read the whole act, in order to annotate it for the press. But is it more extraordinary that this set should pass unnoticed, %yliich was never published in the Chancellors' Revisal, than that the act of May 1782, chap. 47, sec 9, which gave an additional bounty for every year's service over six, and which found* place in that collection, should not have been acted upon until many years had elapsed, and many hundreds of warrants had been is* sued, without that addition to officers and soldiers, who, after the discovery of the law, received their additional allowance. Yet such was the fact.
said recruiting officer shall not enlist a man out of any
other division, until such division shall have procured
a man for itself. The county lieutenant or other com* if quota not
Branding officer of the county or corporation shall ^ Scf'SSci*
serable, before the said fiftieth day after the receipt of f^ eighteen
this act as aforesaid, his militia, at such place as he months.
shall appoint; and if any division shall then fail to de
liver a recruit as aforesaid, fit for present duty, between
the ages of eighteen and fifty years, of able body and
sound mind, who is neither a prisoner of war, a deser
ter from the enercfy, nor engaged to serve for a longer
term than eight months. The said commanding offi
cer, together with the field officers and captains, or a
majority of those present, shall immediately proceed l
to draft an able bodied man, by fair and impartial lot,
out of such division, to serve in the continental army
during the term of eighteen months, to be computed
from the time of such draft, who may nevertheless be
permitted to procure a substitute to serve for the said
term of eighteen months, at any time within ten days
after such draft. No man shall be drafted, unless it
shall appear to the said commanding officer that he
comes within the above discription of a recruit; neither
shall any recruit or substitute be accepted of by him,
unless he comes up to such discription. The said
draft shall also be allowed the sum of four thousand
dollars, to be paid him by the said commissioners, out
of the funds hereby provided. The said commanding
officer of the militia shall, within thirty days after such
draft, make a return to the governour of the number
of men raised within his county; and also the particu
lar number of each division.
;jHnd be it farther enacted, That the commanding Troops, how officer of each county may, after the said day of draft, furloughed, furlough the soldiers obtained under this act for the space of ten days, after which they shall be marched ed. to such places, and under such regulations as the governour and council shall direct, at which place the said recruits shall be received by an officer to be appointed by the goyernour, with the advice of council, for that purpose, who shall give to the officer delivering the said recruits, a receipt in the name of the commanding officer of the county or corporation furnishing the men, specifying their number, and the time for which they are enlisted, and shall also transmit to tfie
governour, a duplicate of such receipt. The officer delivering the said recruits shall, at the same time give to the officer receiving them, a return to be made out for him by the respective commanding officers of militia, specifying in distinct columns, the names, age, size, trade, county from whence sent, place of residence, time enlisted for, date of enlistment, and whether drafted or enlisted, of each man. Every person failing to do his duty as herein directed, shall forfeit and pay the following sums of tobacco, to wit: A county lieutenant or commanding officer of militia, shall forfeit fifty thousand pounds; a field officer, magistrate, or commissioner, forty thousand pounds each; and each captain, thirty thousand pounds of tobacco. All penalties imposed by this act shall be recovered with costs, in any court of record, on bill, plaint, or information, and be applied, one half to the informer, and the other towards lessening the levy of the county, or the whole towards lessening the said levy, where there shall be no informer, except in those cases where the mode of recovery and application are particularly declared. Mutiny,-or Jlnd be it farther enacted. That if any person on the
thisSactCkow day aPP°*nted for the draft sha'1 benave himself mutipuniskable.W nous'y or riotously, or endeavour to excite mutiny, riot, or resistance to the execution of this act, each person so misbehaving shall be, and he is hereby declared a soldier for the war, in this stated quota of continen* ial troops. And for the purpose of enquiring into such offences, if any such there shall be^ the commanding officer of any county where such misconduct shall take place, shall call a court-martial of field officers and captains of the county, or a majority of them, within six days after such draft, and upon due enquiry and proof produced of any such offender, the said court shall have power, and they are hereby directed to cause such offender or offenders to be arrested and convey^ ed, with the recruits obtained by this act, or sent to the menonists arrny as speedily as the case can admit; Be it farther drafted, ex- enacted. That any quaker or menonist, who shall be emptedfrom so <jrafted, shall be discharged from personal service; ^eso£jftsaer" and the commanding officer at the time of such draft substitute to shall, and he is hereby required to employ one or more be furnished discreet persons to procure, on the best possible terms, at expense a^proper substitute or substituteSj to serve in his or theSr y' room for eighteen months; towards ^hich the said substitute shall be paid the same sum to which a draftis entitled; and the overplus of the charge^ if any^ shall be adjusted and divided among all the members of the society of quakers or menonists in the county, in propprtion to their assessable property, and to authorize the sheriff of the county, by warrant under his hand, to levy such charge by distress, in case any member refuses or neglects to make payment thereof within five days after the same is demanded, upon the goods or chattels of the person so refusing or neglecting. Where any desertion shall happen before the recruits Desertions, are marched from the place of rendezvous within the ^li ^ainst county in which they were raised, the commanding officer of the militia, on notice thereof with a description of the deserter, shall take the necessary measures for his apprehension and delivery at the nearest place of general rendezvous within the state. Any soldier g^ soldiers tailing sick at the place of rendezvous, or in his march provided for. may, at the request of his officer, be delivered to any justice of the peace within the county, who shall grant a certificate of such delivery, and make provision for his maintenance and recovery, the charges whereof being adjudged reasonable by the court of the county, shall be paid at the publick treasury. It shall be lawful for any justice of the peace, upon application from curfdby^mithe commanding officer of any detachment, to autho- pressment, rize such commanding officer to impress into the publick service as many waggons, teams, and drivers as the nature of the service may, in the opinion of the magistrate, require; the owner of which shall be allowed fifty pounds of tobacco per day, and be found as usual, for each waggon, team, and driver; provided that no such impress shall extend to a longer period than six days, besides a reasonable time for returning home.
And whereas it has been a practice of many trades- penalty on men to entice their apprentices to enlist as soldiers, masters resmd to sell them as substitutes for large sums of mo- ceivingany ney; Be it enacted, That if any tradesman or other ^o^fop^e person to whom any infant is, or shall be bound as an enlistment apprentice, shall directly or indirectly take or receive, of their apor agree to take or receive any money or other gram- Prentices, ity in consideration of such apprentice, his enlisting as a .soldier or sailor in any corps whatsoever, every such tradesman or person so offending, not being an able
bodied man under the age of fifty years, shall forfeit and pay double the sufti of money or worth of such other gratuity so taken, received, or agreed for, to be recovered by action of debt or information, in any court of record within this state, one moiety thereof to the use of the informer, and the other moiety to the use of the Commonwealth, to be applied as a bounty to enlista soldier in the continental army during the warj and erery such offender, being an able bodied man under the age of fifty years, and being thereof convicted before a court-martial, shall be deemed a soldier to serve in this state's quota of continental troops during the war, and shall be by the commanding officer of the militia of his county, delivered to some continental officer belonging to this state.
Penalty for Ana whereas a practice has prevailed of enlisting selling re- men for small bounties and afterwards selling them td emits. districts or divisions for higher bounties than was gi
ven such soldier, which has greatly injured the recruiting service; Be it enacted, That every person guilty of such offence, shall be subject to the same penalties as tradesmen and others enlisting or selling their apprentices are subject to. And whereas the penalties
petfuie^for ihlPo?ed by the laws n?w \n force» have beea found not concealing sufficient to prevent evil disposed persons harbouring deserters, or concealing deserters, to the great injury of the ar* my;.. Be it enacted, That if any persoaor persons whatsoever, other than a son harbouring or concealing his father, a wife her husband, or a mother her son, knowing the person so harboured or concealed to be a deserter from the continental army of this or any other of the United States or from the troops of this commonwealth, every person so offending, over and above the penalties heretofore inflicted by law, if a woman, or not being an able bodied man, under the age of fifty years, for every such offence shall suffer six months imprisonment or forfeit and pay five thousand pounds of tobacco, to be recovered by action of debt or on information in any court of record within this state, one moiety thereof to the use of the informer, and the other moiety to the use of the commonwealth, to be applied as a bounty to enlist a soldier in this state's quota of the continental troops during the warj and every such« offender, being an able bodied man under the age of fifty years, being convicted thereof before a court-mar