be good and effectual in the law; and if any person or persons happen to be indicted for any such offence done or hereafter to be done upon the seas, or in any other place above limited, that then such order, process, judgement, & execution shall be used, had, done & made, to & against every such person and persons so being indicted as against Traytors, felons, murtherers and other offenders aforesaid for treason, misprision of treason, concealment of treason, felony, robbery, murther, or other such offences done upon the land, as by the laws of this Commonwealth is accustomed ; & that the trial of such offence or offences if it be denied by the offender or offenders, shall be had by twelve lawful men inhabited in the county limited within such commission, which shall be directed as is aforesaid, & no challenge or challenges to be had for the county; & such as shall be convicted of any such offence or offences by verdict, confession or process, by authority of any such commission, shall have & suffer such pains of death, losses of lands, goods & chattels, as if they had been attainted & convicted of any treasons, misprisions of treasons, concealments of treasons, felonies, robberies, or other the said offences done upon the lands.

And be it enacted by authority afore said, that for treasons, misprisions of treasons, concealments of treasons, felonies, murthers & confederacies done upon the sea or seas, or in or upon any haven, river or creek of this Commonwealth, the offenders shall not be admitted to have the benefit of his or their clergy, but be utterly excluded thereof & from the same.

Provided alway, that this act extend not to be prejudicial or hurtfull to any person or persons, for taking any victual, cables, ropes, anchors, or sails, which any such person or persons (compelled by necessity) taketh of or in any ship which may conveniently spare the same, so that the same person or persons pay out of hand for the same victual, cables, ropes, anchors, or sales, money or money-worth, to the value of the thing so taken, or do deliver for the same a sufficient bill obligatory to be paid within months next ensuing the making of such bills, & that the makers of such bills well and truly pay the same debt at the day to be limited within the said bills.

SUSPENDING EXECUTIONS FOR

DRAFT OF A BILL FOR

DEBT.1

V. S. A.

[Dec. 6, 1776.]

Whereas by the expiration of the act for the regulating and collecting certain officers fees, and by the troubles which have since subsisted in this country, the administration of justice hath been in a great measure suspended; and altho it is thought proper to revive and establish the courts of justice for the purpose of securing & preserving internal peace & good order, of determining disputed rights and titles and of ascertaining just debts and unsettled demands which might otherwise be lost by the death of witnesses or insolvency of debtors; yet nevertheless it may produce great oppression and ruin to debtors to suffer executions to be levied on decrees to be inforced, during the present limited and uncertain state of our trade, for debts heretofore contracted: Be it therefore enacted by the General Assembly of the Commonwealth of Virginia that when judgement shall be entered or decree passed in any court of record for the recovery of money due from the defendant or defendants before the passing of this act, if such defendant or defendants shall give to the said court good & sufficient security for paiment of the money whensoever by a restoration of trade or from other circumstances it shall appear proper to the General assembly to pass an act for levying executions or enforcing decrees for money then such

1 The system of mortgaging crops in Virginia; the non-exportation association of the Continental Congress; the interruption of all trade by the restraining acts; and the outbreak of actual war, threatened to force bankruptcy on the larger part of the planter interest in that State. This class therefore united in opposing the establishment of courts of justice under the new constitution. In hopes of lessening this serious opposition, leave was given by the Burgesses, Dec. 5th, for the introduction of this bill, and Mason, Jefferson, T. Adams, Bullitt, Nicholas, and Braxton were named a committee to do so. On Dec. 6th it was introduced by Mason, and read the first time. On the 9th it was read for a second time and committed to the Commitee of the Whole. In the mean time, the planters, not satisfied with this sop, had succeeded in deferring the bills organizing the courts, till the next session; so those opposed to them united and deferred this bill also. It was never again introduced. The draft is in Jefferson's handwriting.

court shall order execution of the sd judgement or process for enforcing the said decree to be stayed, entering of record the recognisance of such security, so that if the money be not paid when directed by such future act of assembly, a scire facias may issue thereon, without the necessity of commencing a new suit.

DRAFT OF A BILL FOR PROVIDING AGAINST INVASIONS AND INSURRECTIONS. 1

1

V.S.A.

[May 10, 1777.]

For making provision against invasions & insurrections & laying the burthen thereof equally on all be it enacted by the General assembly of the Commonwealth of Virginia that the division of the militia of each county into ten parts directed by a former ordinance shall be completed & kept up in the following manner. The commanding officer of every county within one month after every general muster shall enroll under some captain such persons not before enrolled as ought to make a part of the militia, who together with those before enrolled & not yet formed into tenths & with such Quakers & Menonists as are not formed into tenths shall by such captain at his first muster after receiving the same be divided into equal parts as nearly as may be, each part to be distinguished by fair and equal lot by numbers from one to ten, & when so distinguished to be added to, and make part of the division of the militia of such county already distinguished by the same number.

And where any person subject to such allotment shall not attend, or shall refuse to draw for himself, the captain shall cause his lot to be drawn for him by some other in presence of the company.

1 The House of Delegates gave leave May 9, 1777, to introduce this bill and named Jefferson, Fleming, and Braxton to draw it. The former reported it on May 10th, when it was read for the first time. On May 16th and 18th it was considered in the Committee of the Whole, and ordered to be engrossed, and on May 21st it was passed. This is printed from the draft in Jefferson's handwriting, and varies considerably from the Act as printed in the Session Acts for May, 1777, p. 13; The Report of the Revisers, p. 6; A Collection of the Public Acts of Virginia, 1785, p. 52; and Hening, X, 294.

When any officer of the militia shall receive notice of any invasion or insurrection within his own county, he shall immediately give intelligence thereof to the commanding officer of the county & if the urgency of the case requires it he shall forthwith raise the militia under his special command & proceed to oppose the enemy or insurgents the commanding officer of the county on receiving notice thereof shall immediately if the case will admit delay or be greater than the force of his own militia may encounter, communicate the same to the Governor, by express, for which purpose he may impress boats, men & horses, & may also notify to any militia officer of the adjacent counties to be by him forwarded to his commanding officer & in the meantime if it be urging shall raise such part of his own militia as the case shall require & admit. The commanding officer of any adjacent county receiving the notice so forwarded, shall immediately raise such part of his militia, not exceeding two thirds, as the circumstances of the case may require & order them to the assistance of such adjacent county: but any of the commanding officers, if he think the case of too small consequence to require these proceedings may call a council of war to consist of a majority of his field officers & captains & take their advice whether any & what force shall be raised or sent or whether they may await the governor's orders.

The governor on receiving such intelligence may, with the advice of the council of state cause to be embodied & marched to oppose such invasion or insurrection, such members of the militia as may be needful and from such counties as will suit the exigencies of the case; & if the corps consist of three or more battalions, may appoint a General officer to take command thereof.

The several divisions of the militia of any county shall be called into duty by regular rotation from the first to the tenth, & every person failing to attend when called on, or to send an able bodied man in his room, shall, unless there be good excuse, be considered as a deserter & suffer accordingly.

Any able bodied volunteers who will enter into the service shall be accepted instead of so many of the divisions of militia called for but if the invasion or insurrection be so near & pressing as not to allow the delay of calling for the division or divisions next in turn, the commanding officer may call on such part of the militia

as shall be most convenient, to continue in duty till such division or divisions can come to supply their places.

The soldiers of such militia if not well armed & provided with ammunition shall be furnished with the arms & ammunition of the county & any deficiency in these may be supplied from the public magazines, or, if the case admit not the delay, by impressing arms & ammunition of private property, which ammunition so far as not used, & arms, shall be duly returned as soon as they may be spared & any person embezzling any such public or private arms, or not delivering them up when required by his commanding officer shall on his warrant be committed to prison without bail or mainprise there to remain till he deliver or make full satisfaction for the same.

The commanding officer shall appoint such officers of the militia as he shall think most proper to command the men called out by divisions in the following proportions: if there be called into duty not more than 15 men he shall appoint one ensign & one serjeant to command them: if not more than 25 men a lieutenant an ensign and two serjeants; if not more than 40 men, a captain, lieutenant ensign & three serjeants; if 50 men, a captain two lieutenants an ensign & four serjeants; & so in proportion for every greater number; adding, if there be several companies, such field officers as may be requisite. A distinct list of the names & numbers of officers & soldiers sent on duty, with the time they served, attested on oath by the officer commanding such party shall be certified by the commanding officer of the county to the next General assembly.

Any officer resigning his commission on being called into duty by the Governor or his commanding officer, shall be ordered into the ranks, & shall moreover suffer punishment as for disobedience of command.

The commanding officer of the corps marching to oppose any invasion or insurrection, or any commissioned officer by warrant under the hand of such commander, may, for the necessary use of such corps or for the transportation of them across waters, or of their baggage by land or water, impress provisions, vessels with their furniture, hands, wagons, carts, horses, oxen, utensils for intrenching, smiths, wheelwrights, carpenters or other artificers,