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ORDINANCES
ADOPTED BY THE
CONVENTION OF VIRGINIA,
I
I
IN
SECRET SESSION
%
APRIL AND MAY, 1861.
RICHMgfcl):
WYATT M. ^pTT, PRINTER.
* i.
Library of
Emory University
224166
DEC 6 1950
ORDINANCES
ADOPTED BY THE
CONVENTION OF VIRGINIA,
IN
SECEET SESSION,
IN
APRIL AND MAY, 1861.
RICHMOND:
WYATT M. ELLIOTT, PRINTER.
1861.
ORDINANCES.
No. 1.—An ORDINANCE to repeal the ratification of the Constitution of the United States of
America, by the State of Virginia, and to resume all the rights and powers granted under said
Constitution.
The people of Virginia, in their ratification of the Constitution of the United
States of America, adopted by them in Convention, on the twenty-fifth day of
June, in the year of our Lord, one thousand seven hundred and eighty-eight,
having declared that the powers granted under the said Constitution, were de-
rived from the people of the United States, and might be resumed whensoever
the same should be perverted to their injury and oppression, and the Federal
Government having perverted said powers, not only to the injury of the people
of Virginia, but to the oppression of the Southern slaveholding States,
Now, therefore, ice, Ike people of Virginia, do declare and ordain, That the ordi-
nance adopted by the people of this State in Convention, on the twenty-fifth
day of June, in the year of our Lord one thousand seven hundred and eighty-
eight, whereby the Constitution of the United States of America was ratified;
and all acts of the General Assembly of this State ratifying or adopting amend-
ments to said Constitution, are hereby repealed and abrogated; that the union
between the State of Virginia and the other States under the Constitution afore-
said is hereby dissolved, and that the State of Virginia is in the full possession
and exercise of all the rights of sovereignty, which belong and appertain to a
free and independent State.
Jlnd they do farther declare, That said Constitution of the United States of
America, i« no longer binding on any of the citizens of this State.
This ordinance shall take effect and be an act of this day, when ratified by a
majority of the votes of the people of this State, cast at a poll to be taken
thereon, on the fourth Thursday in May next, in pursuance of a schedule here-
after to be enacted.
Done in Convention in the City of Richmond, on the seventeenth day of April,
in the year of our Lord one thousand eight hundred and sixty-one, and in the
eighty-fifth year of the Commonwealth of Virginia.
SCHEDULE.
1 It shall be the duty of the officers conducting the elections directed by law to
be held on the fourth Thursday in May next, at the places appointed for holding
the same, to open a poll to take the sense of the qualified voters of this Com-
monwea th upon the ratification or rejection of " An ordinance to repeal the
ratification of the Constitution of the United States of America by the State
of Virginia, and to resume all the rights and powers granted under said Consti-
tution," adopted in Convention at the city of Richmond on the sevententh day of
April, one thousand eight hundred and sixty-one.
2. The poll-book shall be headed " The Ordinance of Secession," and shall
contain two columns, one headed "For Ratification," and the other " For Re-
4
jection," and the names of those who vote for the ratification of the said ordi-
nance shall be written under the former heading, and the names of those who
vote for its rejection shall be written under the latter heading.
3. The said officers shall make return of the number of persons voting for each
proposition, at the time and in the manner provided by law in the case of other
elections; and shali forthwith deliver the returns, together with the poll-books,
to the clerks of their respective counties and corporations; and it shall be the
duty of such clerks, respectively, to transmit immediately to the Governor of the
Commonwealth copies of the said returns so delivered to them.
4. The Governor shall, without delay, make proclamation of the result, stating
therein the aggregate vote for and against the ratification, to be published in such
newspapers in the State as may be deemed requisite for general information; and
if a majority of said votes be cast for the ratification of the said ordinance he
shall annex to his proclamation a copy thereof, together with this schedule.
5. The Secretary of the Commonwealth shall cause to be sent to the clerks
of each county and corporation as many copies of this schedule and ordinance
aforesaid as there are places of voting therein, and three copies to each of the
military commanders hereinafter referred to, using special messengers for that
purpose when necessary. And it shall be the duty of the said clerks to deliver
the same to the sheriff's for distribution, whose duty it shall be forthwith to post
the said copies at some public place in each election district.
6. The expenses incurred in providing poll-books and in procuring writers to
enter the names of the voters therein shall be defrayed as in the case of the
election of members to the General Assembly.
7. The qualified voters of the Commonwealth who may be absent from the
counties or corporations of their residence on the day of election in the military
service of the State may vote for the ratification or rejection of the said ordi-
nance at such place or places within their encampments or as the commander at
such encampment shall designate, whether the said encampment shall be within
the limits of the State or not. For each place of voting he shall appoint a
superintendent, three commissioners, and as many clerks as shall be necessary,
who, after having been first duly sworn by him, shall perform the duties required
of, and be liable to the penalties imposed upon, such officers under the election
laws of this State.
8 The officers conducting the said election shall on the day after the election,
or as soon thereafter as may be, deliver the poll-books to their said commander,
who shall forthwith forward the same to the Governor of this Commonwealth,
who shall count the said votes in ascertaining the result of the said election in the
State.
9. That the election for members of Congress for this State to the House of
Representatives of the Congress of the United States, required by law to be held
on the fourth Thursday in May next, is hereby suspended and prohibited until
otherwise ordained by this Convention.
Done in Convention, in the city of Richmond, on the twenty-fourth day of April,
eighteen hundred and sixty-one, and in the eighty-fifth year of the Common-
wealth of Virginia.
No. 2.—An ORDINANCE ratifying and confirming the convention entered into between the Com-
missioner of the Confederate States, and the Commissioners of the State of Virginia.
Passed April 25, 1S61.
Be it ordained by this Convention, That the Convention entered into on the
twenty-fourth April, eighteen hundred and sixty-one, between Alexander H.
Stephens, Commissioner of the Confederate States, and John Tyler, Wm. Bal-
lard Preston, S. McD. Moore, James P. Holcombe, James C. Bruce and Lewis
E. Harvie, Commissioners of Virginia, for a temporary union of Virginia with
said Confederate States, under the Provisional Government adopted by said
Confederate States, be and the same is hereby ratified and confirmed on the
terms agreed upon by said Commissioners.
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No. 3,—An ORDINANCE for the adoption of the Constitution of the Provisional Government of
the Confederate States of America.
Passed April 25th, 1S61.
We, the delegates of the people of Virginia, in Convention assembled, solemnly
impressed with the perils which surround the Commonwealth, and appealing to
the Searcher of Hearts for the rectitude of our intentions in assuming the grave
responsibility of this act, do, by this ordinance, adopt and ratify the Constitution
of the Provisional Government of the Confederate States of America, ordained
and established at Montgomery, Alabama, on the eighth day of February, eigh-
teen hundred and sixty-one: Provided, That.this ordinance shall cease to have
any legal operation or effect if the people of this Commonwealth, upon the vote
directed to be taken on the ordinance of secession passed by this Convention on
the seventeenth day of April, eighteen hundred and sixty-one, shall reject the
same.
No. 4.—An ORDINANCE to authorize the appointment of an Advisory Council.
Passed April 20, 1861.
Be it ordained, That a council of three be appointed by the Convention upon
the nomination of the Governor, to aid, counsel, and advise him in the exercise
of his executive authority in the present emergency; the said council to continue
in office at the discretion of this body: Provided, That the fifteenth section of
the sixth article of the Constitution of this State shall not apply to the office
hereby created.
No. 5.—An ORDINANCE defining the duties of the Advisory Council.
Passed April 23d, 1861, but subsequently amended and reenacted.
1. Be it ordained, That in the appointment of a Council of Three by the Con-
vention, upon the nomination of the Governor, to aid, counsel, arid advise him in
the exercise of his executive authority in the present emergency, it was not the
purpose or intention of the Convention to confer on the council the power to con-
trol the Governor in the exercise of his executive functions; but it was their pur-
pose to impose upon the Governor the obligation to consult the council in regard-
to ail executive acts.
2. That a regular journal of the executive proceedings and acts should be kept,
in which should be recorded all appointments and proceedings of the Kxecutive,
and the votes of the several councillors thereupon.
No. 6.—An ORDINANCE to increase the Advisory Council.
Passed April 29, 1861.
Be it Ordained, That the Advisory Council of the Governor of this Common-
wealth be and the same is hereby increased to five, and that the Lieutenant Go-
vernor shall be ex-officio, one of the said five members.
No. 7.—An ORDINANCE amending and reenacting the ordinance prescribing the duties of the
Advisory Council.
Passed May 1, 1S61.
Be it ordained, That the ordinance adopted on the twenty-third April, eighteen
hundred and sixty-one, prescribing the duties of the Advisory Council be amended
and reenacted so as to read as follows:
1. That in the appointment of a council of five by the Convention upon the
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nomination of the Governor, to aid, counsel, and advise him in the exercise of
his Executive authority, in the present emergency, it was not the purpose or in-
tention of the Convention to confer on the council the power to control the Go-
vernor in the exercise of his executive functions; but it was their purpose to im-
pose upon the Governor the obligation to consult the council in regard to all
executive acts growing out of the said emergency.
2. That a regular journal of the acts of the council shall be kept, in which
shall be recorded all appointments, and the votes of the several councillors
thereupon.
No. 8.—An ORDINANCE prescribing the compensation of members of the Executive Council.
Passed May 1,1861.
Be it ordained, That the members of the Executive Council who receive a sala-
ry from the State shall receive four dollars per day during actual service, and
those members who receive no salary from the State shall receive eight dollars
per day of such service: Provided, hmcever, That this ordinance shall not be so
construed as to preclude the Lieutenant Governor from receiving eight dollars
per day for his services when acting as a member of the Executive Council.
No. 9.—An ORDINANCE to call the Volunteers into the service of the State, and for'other
purposes.
Passed April 17, 1SG1.
Be it Ordained, That the Governor of the Commonwealth be, and he is hereby
authorized and required to call into the service o£ the State, as many»volunteers
as may be necessary to repel invasion, and protd!t the citizens of the State, in
the. present emergency, which volunteers he will receive in companies, and or-
ganize into regiments, brigades and divisions, according to the force required,
and the Governor shall appoint and commission the general, field and staff ofli-
cers of said volunteers, and proceed to have them organized and instructed.
And that he shall immediately invite all eflicient and worthy Virginians and
residents of Virginia in the Army and Navy of the United .Stales to retire there-
from, and to enter the service of Virginia, assigning to them such rank as will
hot reverse the relative rank held by them in the United Stales service, and will
at least be equivalent thereto.
2. Be it further Ordained, That the Governor shall repel invasion and see that
in all things the Commonwealth take no cletriment, and shall exercise for this
purpose the powers conferred upon him by the Constitution and laws of the
State. .
3. Be it further Ordained, ThatTd enable him to carry out the resolution afore-
said, the sum of $100,000 be, and the same is hereby appropriated out of any
money in the Treasury not otherwise appropriated.
No. 10.—An ORDINJn^ c.oncernsjg officers in the revenue and coast survey service of the
jF" United States.'*^
Passed April 80, 1361.
Be it ordained, That the ordinance passed on the seventeenth day of April,
eighteen hundred and sixty-one, by the Convention, which directs the Governor
of the Commonwealth to invite all efficient and worthy Virginians and residents
of Virginia in the army and navy of the United States, to retire therefrom, and
to enter the service of Virginia, be and the same is hereby extended to all such
officers in the revenue service and coast survey service of the United States.
And the Governor is authorized to make such provision for them as may be pro-
per and will not interfere with the rank conferred upon officers of the navy.
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No. 11.—An ORDINANCE to provide for the appointment of a Commander of the Military and
Naval forces of the State in subordination to the Governor.
Passed April 19,1861.
Be it Ordained, That the office of Commander of the Military and Naval forces
of the State, with the rank of Major General be and the same is hereby created.
The said commander shall be appointed by the Governor of the Commonwealth,
by and with the advice and consent of this Convention, and in subordination to
the Governor, shall take charge of the organization and operations of all the
military and naval forces which may be called into the service of the State.
Be it further ordained, That the said commander shall take rank and precedence
over all other military and naval officers of the State, without regard to date of
commission.
No. 12.—An ORDINANCE to authorize the appointment of Aids by the Governor.
Passed April 19, 1861.
Beit Ordained, That the Governor of the Commonwealth be authorized to ap-
point as many Aids with the rank of Lieutenant of Cavalry as the necessity of
the service may require.
No. 18.—An ORDINANCE to provide for the organization of a Provisional Army, for the State of
Virginia.
Passed April 27, 1861.
Be it ordained, That there shall be organized a Provisional Army for the State
of Virginia, as the exigencies of the service may require, which Army shall con-
sist, in addition to the Major General commanding the military and naval forces
of the State, of four Brigadier-Generals, two regiments of artillery, eight regi-
ments, of infantry, one regiment of riflemen, and one regiment of cavalry. Each
regiment of artillery shall consist of one colonel, one lieutenant colonel, one
major, one sergeant major, one quarter-master sergeant, and ten companies, and
each company shall consist of one captain, one first lieutenant, one second lieu-
tenant, four sergeants, four corporals, two artificers, two musicians, and seventy-
two privates. Each regiment of infantry shall consist of one colonel, one lieu-
tenant colonel, one major, one sergeant major, one quarter-master sergeant, two
principal musicians, and ten companies, and each company shall consist of one
captain, one first lieutenant, one second lieutenant, four sergeants, four corporals,
two musicians, and seventy-two privates.
The regiment of cavalry shall consist of one colonel, one lieutenant colonel,
one major, one adjutant, wrho shall be a lieutenant, one sergeant major, one
quarter-master sergeant, one chief musician, two chief buglers, and ten compa-
nies, and each company shall consist of one captain, one first lieutenant, one se-
cond lieutenant, exclusive of the lieutenant who is to be the adjutant of the regi-
menl; four sergeants, one of whom shall act as quarter-master sergeant to the
company, four corporals, two buglers, one farrier and blacksmith, and seventy-
two privates.
The regiment of riflemen shall consist of one colonel, one lieutenant colonel,
one major, one sergeant major, one quarter-master sergeant, two principal mu-
sicians, and ten companies, and each company shall consist of one captain, one
first lieutenant, one second lieutenant, four sergeants, four corporals, two musi-
cians, and seventy-two privates.
The Brigadier-Generals and field officers of the said Provisional Army, shall
he appointed by the Governor, by and with the advice and consent of this Con-
vention, and the captains and lieutenants shall be appointed by the Governor by
and with the advice and consent of his Advisory Council, and the Governor shall
commission the same, but in the recess of the Convention, the Governor may
appoint the general and field officers by and with the advice and consent of his
8
Advisory Council, if the said officers cannot be sooner appointed, but the ap-*
pointment of such officers shall be subject to ratification or rejection by the
Convention at its adjourned session, and their commissions shall expire upon the
adjournment of the Convention, unless confirmed. In making all the appoint-
tnents for the Provisional Army, preference shall be given to all worthy and
efficient citizens and residents of Virginia, who have held or now hold commis-
sions in the Army of the United States, and have resigned or shall resign the
same with a view to offer their services to this State.
The Major General commanding the military and naval forces of the State
shall be entitled to two aids'de-camp who may be taken from the line without
regard 10 rank, an<i he may appoint a military secretary either from private citi-
zens or from the subaltern^ of the army, who, far the time being, shall have the
pay and emoluments of a captain of cavalry. 4£ach brigadier general shall be
entitled to one aid to be taken from thp subalterns of the line; and to each regi-
merit there shall be an adjutant," to be appointed from among the subalterns by
the commanding officer of the regimerff. »
l he non-commissioned officers, musicians, artificers, farriers and blacksmiths,
and pri'vates of the Provisional Army, Shall be enlisted for three years, unless
sooner discharged, and the regulations for thei^ enlistpient shalll/e prescribed by
the major general commanding'the military and naval forces, swject, however,
to the approval'of the Governor and his Advisory Council.
»The#oftcers of the Provisional Army shall -take rank and precedence over all
officers of the saj*e grade of'the volunteers and militia without regard to date
of commission; anil the Governor may proceei^aVonce to appoint, in the mode
Erescribed, the generaband field officers of the Provisional Army, and they may
e assigned to duty with their respective r'anff with the volunteers which have
been or may be called into service. .
General regulations for the Provisional Army and all the departments of the
military and naval forces mdy.be prescribed" by the commander of the military
and naval forces, subject to^the ratification of the Governor and his Advisory
Council,
This ordinance shall be in force^rom the time of its adoption', and be subject
to amendment, modification, or repeal by this Convention or by the General As-
sembly.
No. 14.—An OEDINANCE establishing the Navy of Virginia.
Passed^tp'ril 27, 1861.
Be it ordained, That the nav$ of Virginia shall consist of two thousand seamen
ami maritjps", in such proportWms as the Governor shall deem expedient, and of
such offices as have availed memselvde or may hereafter avail themselves of the
invitation of this Commonwealth to worthy and efficient Virginians and residents
of Virginia in the navy of the'United jBtates to retire therefrom and to enter the
service of this State. - The rank of siich officers shall not be reversed, and thi-sy
-shall ha«e at least a rank equal to th# held in the United States navy.
2. The organization of the navy shall be prescribed by the Governor, and the
'pay, ratjons, and allowances shall be the same with those of the United States
,navy at this present time.
3. Virginians and resbl&nts of Virginia on the reserved list of the United States
navy, who resigned ana desire to enter the service of the State, may be provided
for by I^Jie Governor by allowing them the same pay they received in the United
States navy, and requiring from them such duties as they are competent to dis-
charge.
4. The rules for the government of the United States navy at this present time
shaH be revised by a board of officers ordered by the Governor, and made appli-
cable t?o the Navy of Virginia, and shall then be promulgated as the rules go-
verning the said navy.
5. The term of enlistment in the navy shall be three years for seamen and five
for the marines, and boys not under thirteen may be enlisted with the consent of
their parents or guardians. Proper regulations for enlistment shall be prescribed
by the Governor.
9
6. A medical department shall be organized by the Governor, but no person
shall be appointed thereto who has not been a Surgeon or Assistant Surgeon in
the navy of the United States, or been examined and approved by a Board of
Surgeons designated for the purpose.
No. 15.—An ORDINANCE to provide for the Organization of Staff Departments for the Military
Forces of the State, but subsequently amended and reenacted.
Passed April 21,1861,
Be it ordained, That the Governor of Virginia is empowered and directed to
organize as the exigencies of the service may require—
1. A subsistence department, to be composed of one colonel, one lieutenant
Colonel-, two majors, and four captains.
2. A quarter master's department, of one colonel, one lieutenant colonel,
two majors, and four captains.
3. A pay department, to be composed of four paymasters with the rank of
major'Of cavafry.
4. A medical department, to be composed of one surgeon general with the
rank of colonel of cavalry, ten surgeons, and ten assistant surgeons.
5. An pdjutant general's department, to be composed of one adjutant general
of the rank of'colonel of cavalry, with authority to the commander-in-chief to
detail as many ^fficers as assistant adjutant generals as the service may require.
This ordinance shall be in force from its passage
No. 16.—An ORDINANCE amending and reenactlng the ordinance adopted on the twenty-first in-
stant, for the Organization of Staff Departments for the Military Forces of the State.
Passed April 24,1861.
Be it ordained, That the Governor of the Commonw.ealth he and he is hereby
authorized and required to organize, as the exigencies of the service may require:
An adjutant general's department with one adjutant general of the rank of
colonel, two assistant adjutant generals of the rank of major, and four assistant
adjutant generals of the rank of captain.
A quarter-master's department, with one quarter-master general of the rank
of colonel, one assistant quarter-master general with the rank of lieutenant cblo-
nel, two quarter-masters with the rank of major, and four assistant quarter-mas-
ters, with the rank of captain.
A subsistence department, with a commissary general of the rank of colonel,
assistant commissary general of the rank of lieutenant colonel, two commis-
saries of theVank of-'major^ahd four assistant commissaries of the rank of cap-
tain. •.
A medical department, with a surgeon general of the rank of colonel, ten sur-
geons of the rank of majors, and ten assistant surgeons of the rank of captain.
A pay department with a paymaster general of ttie rank of colonel, and three
paymasters witbT-t-he rank of major.
An engineer corps with one colonel, one lieutenant colonel, two majors, six
captains, two first lieutenants, and two second lieutenants.
To this corps shall be attached two companies of sappers and miners, to each
of which shall he assigned one captain, one first lieutenant, and one second lieu-
tenant of engineers.
The adjutant general's department above provided for, shall be the adjutant
general's department for all the military forces tvhich shall be called into ser-
vice in the field, camp or garrison, and shall be entirely separate and indepen-
dent oif the adjutant general's department of the militia, and the quarter-master's
department, the subsistence department, the medical department, and the pay
department shall take charge of all the operations of their respective depart-
ments for all branches of the military service.
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The Governor shall appoint the officers of the several departments above
named, including the engineer corps, by and with the advice and consent of the
Advisory Council, established under an ordinance of this Convention, and he
shall commission the same.
This ordinance shall be in force from its passage, and shall be in the lieu and
stead of the ordinance adopted on the twenty-first instant.
No. 17.—An ORDINANCE in respect to Confirmations by the Convention.
Passed April 27,1861.
Be it ordained, That no appointment of officers of volunteers above the rank
of lieutenant colonel shall be valid until confirmed by the Convention, unless
made during the recess of the Convention, and in such case the appointment,
unless subsequently confirmed, shall be deemed vacated on the adjournment or
recess of the Convention. And all such appointments heretofore made, shall be
sent into the Convention for confirmation or rejection.
No. 18.—Art ORDINANCE concerning the Quarter Master's Department.
Passed April 27, but subsequently repealed.
§
Be it ordained by the Convention as follows, to wit: That, in addition to their du-
ties in the field, it shall be the duty of the quarter master general, his deputies
and assistant deputies, when thereto directed by the Governor, to purchase mili-
tary stores, camp equipage, and other articles requisite for the troops and gene-
rally to procure and provide means of transport for the army, its stores, artillery,
and camp equipage; that the quarter master general shall account as often as
may be required, and at least once in three months, with the First Auditor, in
such manner as shall be prescribed, for all property which may pass through his
hands or the hands of the subordinate officers of his department, or that may
may be in his or their care or possession, and for all moneys which he or they
expend in discharging their respective duties; that he shall be responsible for the
regularity and correctness of all returns in his department, and that he, his depu-
ties, and assistant deputies, before they enter on the execution of their respective
offices shall severally lake an oath faithfully to perform the duties thereof, the
penalty of said bonds to be prescribed by the Governor, and said bonds to be
filed with the First Auditor; that the quarter master general shall be responsible
for the regularity and correctness of all returns in his department.
Neither the quarter master general, the commissary general, nor any or
either of their deputies or assistant deputies, shall be concerned, directly or hi-
directly, in the purchase or sale, for commercial purposes, of any article intended
for, making a part of, or appertaining to their respective departments except for
and on account of the State of Virginia; nor shall they or either of them take or
supply to his or their use any gain or emolument for negotiating or transacting
any business in their respective departments other than what is or,may be allowed
by law.
That the quarter master general be, and he is hereby, empowered to appoint
one principal barrack master, and as many deputy barrack masters as may, from
time to time, be necessary, not exceeding one to each separate barrack or can-
tonment.
That the Governor of the State of Virginia be, and he is hereby, empowered, as
he may deem it expedient, either to appoint, for the time being, a special commis-
sary or commissaries for the purpose of supplying, by purchase or contract, and
of issuing, or to authorize any officer or officers in the quarter master general's
department to supply and issue as aforesaid, the whole or any part of the sub-
sistence of the army in all cases where, either from the want of contractor's or
from any deficiency on their part, or from any other contingency, such measure
may be proper and necessary in order to insure the subsistence of the army or of
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any part thereof; and such special commissaries shall each, whilst employed, be
entitled to the pay and emoluments of a deputy quarter master general.
The quarter master general shall be authorized, with the approbation and
under the direction of the Governor, to appoint as many forage, wagon, and
barrack masters, and to employ as many artificers, mechanics, and laborers as
the public service may require.
All officers of the navy, commissary and quarter master's department shall,
previous to their entering on the duties of their respective offices, give bonds
with sufficient security to be approved of by the First Auditor conditioned for the
faithful expenditure of all public moneys, and accounting for all public property
which may come to their hands, respectively, and the quarter master general and
commissary general shall neither be liable for any money or property, that may
come into the hands of the subordinate officers of his departments who are re-
quired by this ordinance to give bond. And all pay masters, commissaries and
store keepers shall be subject to the rules and articles of war in the same man-
ner as commissioned officers.
It shall be the duty of the quartermaster's department, in addition to its duties
above prescribed, to receive from the purchasing department, and distribute to
the army, all clothing and camp and garrison equipage required for the use of the
troops, and that it shall be the duty of the quarter master general under the
direction of the Governor to prescribe and enforce under the provisions of this
ordinance, a system of accountability for all clothing and equipage issued to the
army.
Every captain or commander of a company detachment or recruiting station,
or other officer who shall have received clothing or camp equipage for the use
of his command or for issue to the troops, shall render to the quarter master
general at the expiration of each regular quarter of the year, quarterly returns
of such supplies according to the forms which may be prescribed, accompanied
by the requisite vouchers for any issue that shall have been made, which returns
and vouchers after due examination by the quarter master general, shall be trans-
mitted for settlement to the First Auditor. It shall be the duty of all officers
charged with the issue of clothing or other supplies, carefully to preserve the
same from waste or damage; and in case of deficiency in final settlement of any
article of supplies, the value thereof shall be charged against the delinquent and
deducted from his monthly pay, unless he shall show to the satisfaction of the
First Auditor, by one or more depositions setting forth the circumstances of the
case, that the said deficiency was occasioned by, unavoidable accident, or was
lost in actual service without any fault on his part; and in case of damage he
shall also be subject to charge for the damage actually sustained, unless he shall
show, in like manner, to the satisfaction of the First Auditor, that due care and
attention were given to the preservation of said supplies, and that the damage
did not result from neglect.
That during the absence of the quarter master general, or the chief of any
other bureau or department of the military department, the Governor be author-
ized to empower some officer of the department or corps whose chief is absent,
to take charge thereof, and to perform the duties of quarter master general or
chief of the department or corps, as the case may be, during such absence : Pro-
vided, That no additional compensation be allowed therefor.
There shall be added to the quarter master's department not exceeding three
military storekeepers, and such storekeepers shall be appointed in the same man-
ner as the quarter master general, and shall, before entering upon the perform-
ance of their duties, give bond with sufficient security, to be approved by the
Governor, in such penalty as the Governor may direct, with condition for the
faithful performance of their duties, said bonds to be filed with the First Auditor.
All bonds required to be given by this ordinance shall be made payable to the
State of Virginia.
This ordinance shall be in force from its adoption, subject to amendment,
modification, or repeal by this Convention or by the General Assembly of Vir-
ginia.
12
No. 19.—Ail ORDINANCE concerning the Commissary Department.
Passed April 27, 1861.
_ Be it ordained by the Convention as follows, to wit: The commissary general, as-
sistant commissary general, commissaries and assistant commissaries, before en-
tering on the duties of their offices, shall give bonds, with approved security, in
such penalties as the. Governor may direct, and as many acting assistant com-
missaries may be detailed from the subalterns of the line as may be necessary,
who shall likewise give bond and security as above directed. The bonds hereby
required to be given shall be made payable to the State of Virginia, and shall be
filed with the First Auditor. The commissary general and his assistants shall per-
form such duties in purchasing and issuing of rations to the army of the State of
Virginia as the Governor may direct.
Supplies for the army, unless in particular and urgent cases the Governor
should otherwise direct, shall be purchased by contract, to be made by the com-
missary general, on public notice, to be delivered on inspection in the bulk, and
at such places as shall be stipulated; which contract shall be made under such
regulations as the Governor may direct.
This ordinance shall be in force from the time of its adoption, subject to
amendment, modification or repeal by this Convention, or by the General Assem-
bly of Virginia.
No. 20.—An ORDINANCE prescribing the duties of the Paymaster General.
Passed April 27, 1861. ,
The Paymaster General shall receive from the Treasury of the State all
moneys entrusted to him to pay the troops or purchase subsistence or forage.
He shall receive the pay abstracts of the paymasters of the several regiments or
corps, and shall compare them with the rations or muster rolls accompanying the
said abstracts. He shall certify to the commanding officer the sums due to the
respective corps, who shall thereupon issue his warrant on the said paymaster
general for payment accordingly. Copies of all reports to the commanding
officer and the warrants thereon shall be duly transmitted to the office of the
First Auditor, to be examined and finally adjusted at the Treasury.
This ordinance shall be in force from its adoption, and be subject to amend-
ment, modification, or repeal by this Convention or by the General Assembly.
No. 21.—An ORDINANCE to provide a Board to whom shall be referred all claims for expend!-
■ tures arising from the organization, equipment, and support of the land and naval forces called
or to be called out for the defence of the Commonwealth under the present emergency.
Passed April 27, 1861, but subsequently repealed.
Be it ordained by the Convention of the Commonwealth of Virginia, That George W.
Munford, John R. Tucker, and Jonathan M. Bennett, any two of whom may act,
shall be a Board of Commissioners with authority to audit and settle, upon prin-
ciples of law and justice, all accounts for expenses incurred in the assembling,
arming, equipping, and maintaining troops, and for transporting munitions of
war and everything connected therewith; for officering, equipping, and main-
taining the navy of the State, and for the pay of officers, seamen, and marines,
and employees at navy or dock yards, including transportation of ordnance, am-
munition, and stores of every description, the purchase of vessels, and for da-
mages arising for seizure and detention of vessels, or from injury or use of cargo
or property of any description either by the land or naval forces, and for all other
incidental expenses incurred in the defence of the State, including expenses inci-
dent to the guarding, supporting, and transportation of prisoners or others. And
for this purpose the said commissioners are authorized to administer oaths or to
require affidavits to be made where necessary. The said commissioners shall be
13
authorized to place in the hands of proper disbursing officers,'under regulations
to be prescribed by them for the security of the money to be disbursed, such
sums of money as may be required to give efficiency to the raising and subsistence
of the army and navy ordered into service from time to time under competent
authority. All accounts shall be sustained by proper vouchers, and when al-
lowed shall be kept in a general account under proper heads for future settle-
ment. And when said accounts are so sustained and allowed, or when advances
are made as aforesaid, the said commissioners are hereby authorized to direct the
Auditor of Public Accounts to issue his warrants for the several amounts thereof
to be paid out of any money in the treasury not otherwise appropriated.
The said accounts so allowed and paid shall be certified by said commissioners
quarterly, for payment, to the government of the Confederate States, to be paid
according to the convention between this State and the said Confederate States,
adopted on the 25th April, 1861; and upon payment thereof the sum so received
shall be paid into the public treasury of this Commonwealth.
The said commissioners shall have power to appoint a clerk or clerks.
The commissioners hereby appointed for their services shall be allowed each
•the sum of three dollars per day of actual service, and they may allow to their
clerk or clerks such sum as may be reasonable.
No. 22.—An ORDINANCE providing for Enlistment in the Provisional Army.
Passed April 27,1S61. '
1. All free, able-bodied, effective men, between the ages of eighteen and forty-
five years, may be enlisted, and the enlistment shall be binding on minors, pro-
vided they are allowed four days, including the day of enlistment to reconsider
and retract their enlistment. During these four days, they shall receive no pay,
bounty, or clothing, and shall not be restrained of their liberty. After the expi-
ration of that period, without retraction, the enlistment shall be binding.
2. Minors enlisting without the knowledge of their parent or guardian, shall
be discharged on the application of such parent or guardian.
3. No person convicted of an infamous offence shall be enlisted.
No. 23.—An ORDINANCE regulating the Term of Service, Pay, and Manner of Enlistment of
"Volunteers.
Passed April 30, 1861.
Bs it ordained, That the term of service of the volunteers called into service
under the ordinance passed on the 17th of April, 1861, shall be twelve months
from the time they were mustered into service, unless they be sooner discharged,
except where their term of enlistment, under existing laws expires before the
end of the said period, in which case they shall be discharged on the expiration
of such enlistment.
2. Enlistment for the volunteer corps after they are mustered into service shall
be made in conformity with such regulations as the Commander-in-Chief shall
prescribe.
3. The pay of the volunteers shall commence from the time they were or-
ganized at any rendezvous under proper authority.
No. 24.—An ORDINANCE prescribing the Pa3r of the Provisional Army and of the Volunteer
Forces of the State of Virginia.
Passed May 1,1S61.
Be it ordained, That the Major General and Commander of the military and
naval forces of the State of Virginia, shall be entitled to receive the same pay,
allowances and emoluments which are given to a Major General in the army of
the United States.
14
2. That the General and field officers of the volunteers shall not exceed in
grade the general and field officers of the Provisional Army.
3. The pay, emoluments and subsistence of the Provisional Army, and of thn
volunteers and militia in actual service, shall be the same with those of the army
of the Confederate States. If there be any grade in the Provisional Army or
the volunteers and militia herein before provided for, the Governor, by and with
the advice of his Council, may prescribe the pay for such grade until further
provision be made therefor.
4. This ordinance shall be in force from its adoption and be subject to amend-
ment, modification or repeal by this Convention or by the General Assembly.
No 25 —An ORDINANCE for the better regulation of the Departments of the Army and Navy of
Virginia, and for the audit and settlement of accounts and claims arising in the present emer-
gency for the defence of the Commonwealth.
Passed April 80,1861.
1. Be it ordained by the Convention of the Commonwealth of Virginia, That George
W. Munford, J. R. Tucker and J. M. Bennett, (any two of whom may act,)
shall constitute a Board of Commissioners, with authority to audit and settle,
upon principles of law and justice, all accounts for expenses heretofore or here-
after to be incurred in the assembling, arming, equipping, and maintaining troops,
in the transportation of the same, of munitions of war, provisions, and supplies
of every kind, and for any other purpose connected therewith. Also, all ex-
penses for officering, equipping and maintaining the Navy of the State, and for
the pay of officers, seamen and marines therein, and all employees at Navy and
Dock Yards, including herein the expense of transportation of ordnance, ammu-
nition and stores of every description, the purchase of vessels-, and damages
arising from seizure and detention of vessels, or from injury to, or use of cargo,
or property of any kind by land or naval forces, or under the order of the au-
thorities of the State. Also, for all other incidental expenses incurred or to be
incurred in the defence of the Commonwealth, including herein the guarding,
support, and transportation of prisoners, and all claims for arms, and for ma-
chinery for the manufacture of arms in the Public Armory, or others authorized
by existing or future contracts. The said Board are further authorized to ad-
minister oaths or to require affidavits or other evidence, necessary to the proof
of all such claims. The Governor shall have power to supply any vacancy oc-
curring in the said Board. In all cases arising under this section, the claimant
shall have a right of appeal from the decision of the Board to the Governor of
the Commonwealth.
2. The said Board shall be authorized to require of the several heads of the
departments established by this Convention, an estimate of the sums necessary
to be disbursed by them for the public service; and upon the same being fur-
nished, to place from time to time, under the control of the proper disbursing
officers in said departments, such sums of money as may be required, and as may
be properly applicable thereto, for the raising, and support of the Army and
Navy ordered into service, from time to time, under legal authority.
3. All accounts presented to the said Board under the first section shall be
sustained by proper vouchers, and when allowed, shall be kept in a general ac-
count under proper heads for future settlement. When said accounts are so
allowed, and when moneys are ordered to be disbursed by the Board under the
second section, the said Board is hereby authorized to direct the Auditor of
Public Accounts to issue his warrants for the several amounts so allowed, to be
paid out of any money in the treasury not otherwise appropriated.
4. The Board shall adopt such regulations, as it may approve for the se-
curity of the money to be disbursed under its direction under the second sec-
tion; and for this end, may require the heads of the several departments to sub-
mit such a system of regulations for that purpose, as may be right and proper.
5. The accounts allowed under the first section, except claims for arms and
machinery for the manufacture of arms authorized by existing laws, and the dis-
bursements ordered under the second section, shall be certified in proper form,
15
at the end of every quarter of a year, for payment, to the Government of the
Confederate States of America, according to the Convention between this Com-
monwealth and the said Confederate States, adopted on the 25th day of April,
1861, and when the same shall be received, it shall be paid into the treasury of
this Commonwealth.
6. The said Board shall for their services, receive the sum of three dollars
per day, of actual service, to be paid to each of them; and shall have power to
appoint a clerk or clerks, and to allow to them such compensation as may be
reasonable.
7. And for the better regulation of the quarter master's department, it is or-
dained, that in addition to field duties, it shall be the duty of the quarter master
general, and the subordinates in his department, when thereto directed by the
Governor, to purchase military stores, camp equipage, and other articles re-
quired for the troops, and to procure and provide means of transport for the
army, its stores, artillery and camp equipage, and in order thereto, to report
such an estimate, as may be proper to the said Board, constituted by the first sec-
tion, of the cost thereof; and to disburse the sums under their control, by the
said Board, to the best advantage. It shall be the duty of the quarter master
general to report to and account with said Board, and in three months, or
oftener, if required, in such manner as it shall prescribe, for all money and pro-
perty which may pass through his hands or those of his subordinates, or may be
disbursed by them as aforesaid, or may be in his or their care or possession.
The quarter master general shall be responsible for the regularity and correct-
ness of all the returns of his subordinates, in his department.
8. The quarter master general is authorized to appoint, with the approbation
and under the direction of the Governor, as many forage wagon-masters, and
employ as many artificers, mechanics, and laborers as the public service may
require.
9. It shall be the duty of the quarter master's department to distribute to the
army, all clothing, camp and garrison equipage and other articles required for
the army; and to prescribe and enforce according to such regulations as shall be
approved by the said Board, a proper accountability for such clothing, equipage
and other articles, so distributed to the army.
Every captain or commander of a company, detachment or recruiting station,
or other officer, so receiving clothing, equipage, or other articles for the use of
his command, or for issue to the troops, shall render to the quarter master gene-
ral quarterly returns thereof, according to the requisite forms, and accompanied
by the proper vouchers; which returns and vouchers, shall be included by the
said quarter master general, in his report and account with the Board hereby con-
stituted.
It shall, be the duty of all officers charged with the duty of issuing clothing,
equipage, or other articles, to secure the same from waste and damage. In case
of the loss of any such articles, or damage thereto, the value thereof on final set-
tlement with the officer, shall be charged against him and be deducted from his
pay, unless he shall show to the satisfaction of the quarter master general, and to
the said Board, in passing on his accounts, by proper evidence, that such loss or
damage occurred from unavoidable accident, or in actual service, without fault
on his part, and was not the result of neglect on his part, and that he used due
care and attention for the preservation of such articles.
10. There shall be added to the quarter master's department, military store-
keepers, not exceeding three in number, who shall be appointed in the same man-
ner as the quarter master general.
11. The other departments of the army and navy of this Commonwealth shall
be subject in like manner, as the quarter master's department, to the provisions
of the second, third, fourth, fifth and seventh sections of this ordinance, insofar
as their respective duties under existing or future laws may make them applicable.
12. Whenever the quarter master general, or the chief of any department of
the army or navy of the Commonwealth shall be absent or unable to attend to
his duty, the Governor is hereby authorized to empower some officer of such de-
partment to take charge thereof, and to perform the duty of said quarter master
general or chief, during said absence or inability: Provided, That no additional
compensation be allowed therefor.
13. The Governor is hereby authorized to appoint for the time being one or
16
more special commissaries for the purpose of supplying by purchase or contract}
and of issuing, or to authorize one or more officers in the quarter master's depart-
ment to supply and issue the whole or any part pf the subsistence of the army,'
in all cases, when from the want of contractors, or a deficiency on their part,
or any other cause such measure may be necessary and proper to secure the sub-
sistence of the army; and such special commissaries shall, whilst so employed,
be entitled to the pay and emoluments of a deputy quarter master general.
The Governor shall have authority to appoint any additional officers, subject
to the control of the Legislature, whenever the chief of any department of the
army and navy shall report that they are required for the public service, and the
Board hereby constituted shall concur in such report and request the Governor*
to make such appointments,
14. No officer of the army or navy of Virginia, nor quarter master, paymaster
or commissary, nor any member of the Board hereby constituted shall be con-
cerned, directly or indirectly, for himself, or as agent, or as partner", in any con-
tract, sale, purchase, manufacturing or supply of any article, intended for or ap-
pertaining to any of said departments, except for and on behalf of Virginia; nor
shall any of said officers take or receive to his use and benefit any gain, commis-
sion or emolument for any negotiation or transaction of any business in any of
said departments, other than maybe allowed bylaw. If any disbursing officer
mentioned in this ordinance shall be found delinquent in his accounts, the Board
are hereby required to report the fact to the Governor, who shall thereupon
strike the name of said officer from the roll of .the army and navy.
15. Each and all of the officers named in this ordinance and connected with
the departments of the army and navy, shall take the oaths prescribed by the
Code of Virginia, chapter thirteen, sections one and three.
16. The Board hereby constituted shall require every storekeeper, paymaster
and purser under this ordinance, to execute bond, with sufficient surety, in a pe-
nalty to be fixed by the Board, conditioned according to law. The said Board, in
their discretion, may require similar bonds of any officers of the army and navy
referred to in this ordinance. Neither the quartermaster general, nor the com-
missary general, nor any other head of a department shall be responsible for any
loss which may accrue by the act or neglect of any subordinate officer in such
department, who has been lawfully put in possession of money or other property
under this ordinance, or any law of this Commonwealth.
All bonds hereby required shall be payable to the Commonwealth of Virginia.
All paymasters, commissaries and storekeepers shall be subject to j;he rules
and articles of war in the same manner as commissioned officers.
17. The duties of the officers of departments in the army and navy shall, inso-
far as they may not be inconsistent with this or other ordinances of this Conven-
tion, be determined by the laws of this State and of the United States, which
were in force within this Commonwealth on the seventeenth day of April, eigh-
teen hundred and sixty-one. /
18. The ordinance passed by this Convention on the twenty-seventh day of
April, eighteen hundred and sixty-one, entitled "A general ordinance to provide
a Board," &c., and an ordinance passed the same day, entitled "An ordinance
concerning the quarter master's department," are hereby repealed.
19. This ordinance shall be in force from its adoption, subject to the right of
this Convention or of the General Assembly to amend, alter or repeal the same.
No. 26.—An ORDNANCE relating to the Medical Department, the Adjutant General's Depart-
ment and the Ordnance Department.
Passed May 1,1861.
Be it ordained, That regulations prescribing the duties of the Surgeon General,
the Surgeons, Assistant Surgeons and all employees in the Medical Department,
and for the efficient organization and government of said department, including
the mode of making purchases and providing stores, shall be adopted by the Go-
vernor and his Advisary Council, and the Governor by and with the advice and
consent of the said Council, may appoint as many additional assistant sur-
m
geohs in the said department as maybe necessary; and whenever it is proper phy-
sieians may be temporarily imployed under such rules as may be prescribed by the
Governor and his Advisory Council.
Be it further ordained, That all orders for calling out volunteers and the militia
for active service and for arming the same shall be issued through the office of
the Adjutant General for the troops in active service.
Be it further ordained, That the Ordnance Department organized under the
provision of an act of the General Assembly, heretofore passed, be and the same
is hereby placed under the control of the Major General commanding the mili-
tary and naval forces, subject, however, to the constitutional powers of the Go-
vernor.
This ordnance shall be in force from its passage.
No. 27.—An ORDINANCE providing Chaplains for the Provisional Army.
Passed April 27, 1861.
Be it ordained, That the Governor shall appoint one chaplain for each brigade,
who shall be entitled to the same pay and emoluments as a major of infantry.
This ordinance shall be in force from the time of its adoption, arid be subject
to amendment, modification, orwppeal by this Conventipn or by the General As-
sembly. **
No. 28.—An ORDINANCE providing Chaplains for the Volunteers.
Passed April 30,1861.
Be it ordained, That the Governor shall appoint one chaplain for each regi-
ment of volunteers, who shall be entitled to the same pay and emoluments as
captains of cavalry.
This ordinance shall be in force from the time of its adoption, and be subject
to amendment, modification, or repeal by this Convention or by the General As-
sembly.
No. 29.—An ORDINANCE establishing Rules and Articles for the Government of the Armies of
the State of Virginia.
Passed May 1,1861.
Be it ordained by the Convention of Virginia, That from and after the passing
of this ordinance the Volunteers in actual service and the Provisional Army shall
be governed by the Rules and Articles of War now in force in the Army of the
United States, amended as follows:
Insert "the State of Virginia," instead of "the United States of America or the
United States;" "the Governor of Virginia," instead of "the President of the
United States;" "the Commander-in-Chief," instead of "the Secretary of War;"
the office of the Adjutant General," instead of "Department of War," or "Office
of the Department of War," wherever the latter phrases occur.
In Article V. strike out " the President of the United States, the Vice President
thereof, against the Congress of the United States, or against the Chief Magistrate,
or Legislature of any of the United States in which he may be quartered," and in-
sert "the Governor, Lieutenant Governor, Convention and Legislature of Virginia."
In Article X. strike out "them," in the phrase "I will serve them," and insert
"the State of Virginia." Strike out "their," in the phrase "their enemies," and
insert " her."
In Article XXXIV. strike out "in the State or Territory where such regiment
shall be stationed."
3
18
In Article LI. strike out "employed in any ports out of the United States.1*
In Article LXXXVII. strike out "nor shall more than fifty lashes be inflicted on
any offender at the discretion of a court-martial," and insert "no corporeal pun-
ishment by stripes or lashes shall be inflicted."
In Article XCVII. strike out the phrase beginning "save only" and all that
follows.
Article XCVIII. to be omitted and the numbers of the articles following to be
reduced accordingly. '
In Article CI. omit 3d, 4th, 6th, 8th and 9th paragraphs, and add to the article
the following paragraph: "The Governor, by and with the advice of his Council,
may appoint from the army a suitable person as Judge Advocate of the Army, wim
shall have the brevet rank, pay and emoluments of a Major of Cavalry.
No.. 30.—An ORDINANCE to authorize the Governor to exempt certain persons from Military
Duty.
Passed April 24,1861,
Be it ordained, That the Governor be and is hereby authorized to excuse from
military service such number of the employees of each rail road company as may
be necessary to operate the road and to organizefltod arm them for the defence of
the line of such road and of its termini.
No. 81.—An ORDINANCE concerning persons exempt from Military Duty,
Passed May 1,1861.
Be it ordained, That all persons necessarily and personally employed in any fac-
tory for the manufacture of arms, munitions of war, shoes, leather, cotton or wool-
len goods, or any other thing deemed necessary for the defence of the State, shall
be exempt from the performance of military duty, unless drafted and detailed for
actual service by order of the Governor, until otherwise provided by law.
No. 32.—An ORDINANCE concerning the Distribution of Arms.
Passed April 30,1861.
Be it ordained, That Major General Lee be and he is hereby empowered to issue
arms to such parties as, in his discretion, the public defence requires and as the
condition of the State will, in his judgment, allow, under such terms and restric-
tions as he may deem proper for the preservation and return of the arms when
required.
No. 33.—An ORDINANCE to establish a Flag for this Commonwealth.
Passed April 30,1861.
Be it ordained by the Convention of the Commonwealth of Virginia, That the
Flag of this Commonwealth shall hereafter be made of bunting, which shall be a
deep blue field with a circle of white in the centre, upon which shall be painted, or
embroidered, to show on both sides alike, the Coat of Arms of the State, as de-
scribed by the Convention of 1116, for one side of the Seal of State, to wit:
"Yirtus, the genius of the Commonwealth, dressed like an Amazon, resting on &
19
spear with one hand, and holding a sword in the other, and treading on Tyranny,
represented by a Man prostrate, a crown fallen from his head, a broken chain in
his left hand, and a scourge in his right. In the Exergon the word Virginia over
the head of Virtus, and underneath the words "Sic Semper Tyrannis."
This flag shall be known and respected as the flag of Virginia.
The Governor shall regulate the size and dimensions of the flag proper for forts,
arsenals and public buildings, for ships of war and merchant marine, for troops in
the field, respectively, and for any other purpose, according to his discretion; which
regulations shall be published and proclaimed by him as occasion may require.
This ordinance shall take effect from its passage.
No. 34.—An ORDINANCE providing for deficiencies in the Civil and Military Contingent Funds.
Passed April 27, 1861.
Be it ordained, That the Auditor of Public Accounts place to the credit of the
Civil and Military Contingent Funds, on the order of the Governor of the Com-
monwealth, out of any money in the treasury, not otherwise appropriated, such
sum or sums of money as will provide for deficiencies now existing or hereafter to
arise in said funds or either of them.
This ordinance shall be in force until ten days after the commencement of the
next session of the General Assembly.
No. 35.—An ORDINANCE to authorize the issue of Treasury Notes.
Passed April 30,1861.
1. Be it ordained, That the Governor, for the purpose of raising money for the
defence of the State, is hereby authorized to direct the Auditor of Public Accounts
to borrow for the Commonwealth of Virginia, from time to time, an amount, not
exceeding in the aggregate, two millions of dollars; and for that purpose the said
Auditor, on the order of the Governor, shall issue treasury notes for the amount so
directed to be borrowed in sums not less than twenty dollars.
2. The said treasury notes shall be prepared under the direction of the Governor
and shall be signed by the Treasurer and countersigned by the Auditor of Public
Accounts, but shall not be delivered by the said Auditor, except upon the receipt
of the Treasurer that the par value thereof has been paid into the Treasury. The
said notes shall be Inade payable to bearer, and be made payable at the Treasury
of the State one year after their respective dates. They shall bear interest at a
rate not exceeding six per centum per annum from the date of their issue until
redeemable. For the payment of the interest and redemption of the principal, as
set out in said notes, the faith of the Commonwealth of Virginia is hereby pledged.
3. The Auditor of Public Accounts is hereby directed to cause to be redeemed
all treasury notes, principal and interest, at the time when the same are redeemable
and presented for payment, to be paid out of any money in the treasury not other-
wise appropriated. And if the said notes be not presented within twelve months
after the same are redeemable, the said Auditor, if there be funds in the treasury
sufficient to pay the said notes, shall advertise for the same to be brought in on a
given day, and after such day the interest thereon shall cease.
4. Whenever any of said notes shall be redeemed by the Auditor, as herein pro-
vided, the same shall be cancelled by him and be delivered to the Treasurer, to be
preserved in his office; and from time to time an amount equal to the sum so can-
celled may, by order of the Governor, be again issued, subject to all the provisions
herein prescribed.
5. The Auditor of Public Accounts and the Treasurer shall each keep a full and
accurate account of the number, date, denomination, and amount of all the notes
20
signed by them, respectively, and in like manner of all the said notes redeemed and
cancelled.
6. For defraying the expenses of preparing, engraving and printing the said
treasury notes, a sum not exceeding two thousand dollars is hereby appropriated,
to be paid by order of the Governor, out of any money in the treasury not other-
wise appropriated; and the plate or plates shall be deposited for safe keeping in
one of the banks of this city, until otherwise provided by law.
V. All the provisions of the third, fourth and sixth sections of chapter 193 of the
Code, applicable to bank notes shall be held to apply and relate, in their effect, to
the treasury notes directed to be issued by this ordinance.
8. It shall be lawful for the banks of this Commonwealth to discount or purchase
any note or notes issued under this ordinance, to receive the same on deposit and
pay them out at their counters.
9. The treasury notes to be issued under the provisions of this ordinance shall
be received in payment of all taxes or other dues to the Commonwealth. Authority
is hereby reserved to the General Assembly to arrest and suspend the issue of trea-
sury notes herein provided for.
No. 36.—An ORDINANCE respecting Treasury Notes.
Adopted May 1,1861.
Be it ordained, That any officer receiving treasury notes in payment of taxes
or other public dues, shall endorse thereon that the same is paid, and the date of
such payment, and thereafter the interest thereon shall cease; and that the ordi-
nance authorizing the issue of treasury notes, passed the 30th of April, 1861, shall
be held and construed to authorize interest to be paid thereon until the said
notes are actually redeemed, or to such time after the same be redeemable on
their face, as may be fixed by the advertisement authorized by said ordinance.
No. 37.—An ORDINANCE authorizing the Banks of the Commonwealth to issue notes of the de-
nomination of one and two dollars.
Passed April 26, 1861.
Be it ordained, That the several banks of this Commonwealth be authorized to
issue notes of the denomination of one and two dollars to an amount not exceed-
ing five per cent, of their respective capitals, which notes may be signed by such
officer or officers of said banks, respectively, as may be designated for that pur-
pose by the Hoard of Directors, and any of said banks which may have preserved
the notes of the denomination of one and two dollars, heretofore issued under au-
thority of law, be at liberty to circulate the same, so that their issue shall not
exceed the amount authorized by this ordinance.
2. The banks whose issues are based upon a pledge of State stock may dis-
pense with the signatures of the Treasurer, and issue such small notes in the
same way as the other banks, but no such banks shall be hereby authorized to
issue an amount of circulation larger than is now allowed by lav/.
3. That all laws now in force prohibiting the receiving or passing of bank notes
under the denomination of five dollars are hereby suspended as to notes issued
by the banks of Virginia under this ordinance during the time this ordinance
shall remain in force.
This ordinance shall expire at the end of thirty days from the next meeting of
the General Assembly.
No. 38.—An ORDINANCE to provide for Paying for Machinery contracted for the Manufacturing
of Arms in the Public Army.'
Passed April 27, 1861.
f Be it ordained, That the Commissioners appointed by an ordinance of Conven-
tion adopted on this day for auditing military and naval claims, shall be author-:
21
ized in the manner prescribed by said ordinance to audit, settle and certify for
payment any claims for arms and machinery authorized by existing contracts for
the manufacture of arms in the public armory.
No 39.—An ORDINANCE to amend the Constitution of this Commonwealth, so as to strikeout
the twenty-second and twenty-third sections of the fourth article of the present Constitution,
and insert the following in lieu thereof.
Taxation shall be equal and uniform throughout the Commonwealth, and all
property shall be taxed in proportion to its value, which shall be ascertained in
such manner as may be prescribed by law; but any property may be exempted
from taxation by the vote of a majority of the whole number of members elected
to each House of the General Assembly.
This ordinance shall take effect on the first day of July next, when ratified by
a majority of the votes of the people of this Commonwealth, cast at a poll to be
taken thereon, on the fourth Thursday in May next, in pursuance of a schedule
hereafter to be enacted.
Done in Convention in the City of Richmond, on the 26th day of April, in the
year of our Lord one thousand eight hundred and sixty-one, and in the eighty-
fifth year of the Commonwealth of Virginia.
SCHEDULE.
1. It shall be the duty of the officers conducting the elections directed by law to
be held on the fourth Thursday in May next, at the places appointed for hold-
ing the same, to open a poll to take the sense of the qualified voters of this
Commonwealth upon the ratification or rejection of " An ordinance to amend
the Constitution of this Commonwealth, so as to strike out the twenty-second
and twenty-third sections of the fourth article of the present Constitution,5'
adopted in Convention, at the City of Richmond, on the twenty-sixth day of
April, one thousand eight hundred and sixty-one.
2. The poll book shall be headed, " Amendment to the Constitution of Vir-
ginia," and shall contain two columns, one headed, "For the Amendment," and
the other, " Against the Amendment," and the names of those who vote for the
amendment shall be written under the former heading, and the names of those
who vote against the amendment, shall be written under the latter heading.
3. The said officers shall make return of the number of persons voting for
each proposition at the time and in the manner provided by law, as in the case
of other elections; and shall forthwith deliver the returns, together with the poll
books to the clerks of their respective counties and corporations, and it shall be
the duty of such clerks respectively to transmit immediately to the Governor of
the Commonwealth, copies of the said returns so delivered to them.
4. The Governor shall, without delay, make proclamation of the result, stating
therein the aggregate vote for and against the amendment, to be published in
such newspapers in the State as may be deemed requisite for general informa-
tion; and if a majority of said votes be cast for the ratification of the said ordi-
nance, he shall annex to his proclamation a copy thereof, together with this
schedule.
5. The Secretary of the Commonwealth shall cause to be sent to the clerks of
each county and corporation, as many copies of this schedule and ordinance
aforesaid as there are places of voting therein, and three copies to each of the
military commanders hereinafter referred to, using special messengers for that
purpose when necessary. And it shall be the duty of the said clerks, to deliver
the same to the sheriffs for distribution, whose duty it shall bo forthwith to post
the said copies at some public place in each election district.
6. The expenses incurred in providing poll books and in procuring writers to
enter the names of the voters therein, shall be defrayed as in the case of the
election of members to the General Assembly.
7. The qualified voters of the Commonwealth who may be absent from the
counties or corporations of their residence, on the day of election in the military
service of the State may vote for the ratification or rejection of the said ordi-
22
nance at such place or places within their encampment, or, as the commander at
such encampment shall designate, whether the said encampment shall be within
the limits of this State or not. For each place of voting he shall appoint a
superintendent, three commissioners, and as many clerks as shall be necessary,
who, after having been first duly sworn by him shall perform the duties required
of and be liable to the penalties imposed upon such officers under the election
laws of this State.
8. The officers conducting the said election shall, on the day after the election,
or as soon thereafter as may be, deliver the poll books to their said commander,
who shall forthwith forward the same to the Governor of this Commonwealth,
who shall count the said votes in ascertaining the result of the said election in
the State.
No. 40.—An ORDINANCE concerning Qualifications for Office.
Passed April 29,1861.
Be it ordained by the people of Virginia in Convention assembled, That the accept-
ance of any appointment or public trust created by this Convention shall not
vacate any office under the Constitution and laws of the State now held by any
person on whom such appointment or public trust may be conferred.
No. 41.—An ORDINANCE to release the officers, civil and military, and the citizens generally
of the State of Virginia from all obligation to support the Constitution of the late Confederacy,
known as the United States of America.
Passed May 1,1861.
Be it ordained, That all officers, civil and military, and the people generally of
this State, be and they are hereby released from any and all oaths which they may
have taken to support the Constitution of the late Confederacy, known as the
United States of America, and that the said oaths and the said Constitution are
inoperative and void, and of no effect, and that the eleventh section of chapter
thirteen of the Code of Virginia, 1860, be and is hereby repealed.
No 42.—An ORDINANCE to provide against the Sacrifice of Property and to Suspend Pro-
ceedings in Certain Cases.
Passed April 30, 1861.
1. Be it ordained, That no execution of fieri facias or renditioni exponas, other than
in favor of the Commonwealth .and against non-residents, shall be issued from
the date hereof by any court of record or magistrate for the sale of property
until otherwise provided by law. Nor shall there be any sales under deeds of
trust or decrees, unless by the consent of parties interested, until otherwise pro-
vided by law.
2. Where such executions have issued and are now in the hands of officers,
whether levied or not, if the debtor offer bond and security for the payment of
the debt, interest, and costs, when the operation of this ordinance ceases, the
property shall be restored and the bond so taken shall be returned as in case of
a forthcoming bond, and shall constitute a lien on the realty of the obligors to the
same extent and in the same manner as forfeited forthcoming bonds returned to
the clerk's office now do, and judgment may be had on said bond in the same
manner and by the same proceedings as judgments may be obtained on forth-
coming bonds under existing laws.
3. If the debtor offers no such bond, it shall be the duty of the officer to con-
vene three freeholders from the vicinage, who, after being sworn, shall proceed
to value the property according to what would have been its value on the sixth
day of November, eighteen hundred and sixty, and unless the said property shall
sell for the full amount of such valuation, it shall be restored to the debtor with-
out lien.
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4. Except in criminal cases or Commonwealth's prosecutions there shall he no
trial of any cause requiring the intervention of a jury, nor upon warrants for small
claims before a justice.
5. In cases of misdemeanor, juries shall be summoned from the by-standers or
vicinage, and not under the law, as it now stands; and with the consent of the
party prosecuted the cause may be tried by the court.
6. This ordinance shall not apply to liabilities upon the part of public officers,
either to the State, counties, corporations, or individuals, nor to debts hereafter
contracted, nor to debts due the Commonwealth: Provided, That no note, bill,
acceptance, or other obligation, the consideration of which is any debt or obli-
gation at present existing, shall be held or considered as a debt hereafter con-
tracted.
7. The time during which this ordinance is in force shall not be computed in
any case where the statute of limitation comes in question.
8. This ordinance shall remain in force until repealed or changed by this Con-
vention or the General Assembly of the State; and if not so repealed or changed,
shall expire at the end of thirty days after the first day of the next General As-
sembly.
No. 43.—Ah ORDINANCE for the Prevention and Punishment of Offences against the Common-
wealth.
Passed May 1,1861.
1. Be it ordained by the Convention of Virginia, That in addition to the powers
now vested in the county courts, they shall have power to establish a regular po-
lice force, who, being first qualified by taking the oaths of fidelity to this Com-
monwealth, and to discharge the duties devolved upon them, under this ordinance,
shall be authorized to apprehend and carry forthwith, before a justice of the
peace for the county, any person whom they shall have just cause to suspect has
violated any law of the State in regard to tampering with slaves, inciting them
to rebel or make insurrection, or to escape from their owners, or has attempted
to commit any such offence, or any person whom they shall have just cause to
suspect is concerned in any manner in counselling, aiding or abetting, the Go-
vernment of the United States or any officer or agent thereof, in any invasion or
hostile action against this Commonwealth, or any of its citizens, acting under
the proper authorities thereof, or against the Confederate States of America, or
any of them, or of any slaveholding State in amity with them; or any person
who shall, by letter or otherwise, communicate to the said Government of the
United States, or any officer or agent thereof, directly or indirectly, any infor-
mation touching the action of this Commonwealth or its authorities, other than
as the same may be authorized by them, or any of them; and to bring all such
persons before a justice of the peace of the county, to be dealt with according
to law, and the provisions of this ordinance.
2. Any person who shall commit any offence for which a person may be appre-
hended under the first section of this ordinance, shall be deemed guilty of felony,
and shall be punished in such manner as the laws now in force prescribe: Pro-
vided, That any imprisonment prescribed by existing laws in such cases shall be
in the Penitentiary house.
In those cases mentioned in the first section, for which no punishment is fixed
by existing laws, the person convicted thereof, shall be punished by fine, not less
than one hundred, nor more than ten thousand dollars, and by imprisonment in
the Penitentiary house for not less than five nor more than twenty years.
3. The powers vested by this ordinance in the county courts, and all the provi-
sions of the first and second sections thereof, shall be vested in like manner, and
be applicable to, the corporation courts, and to the police force legally appointed
by such corporations, under their respective charters.
4. No person, so apprehended, shall be admitted to bail, except by a judge of
a circuit court in this Commonwealth, or of the Supreme Court of Appeals; but
the party, if so released on bail, shall not be permitted to leave the Common-
wealth before trial, and the order of release shall require the officer to take care
that the party does not leave th§ Commonwealth.
24
5. This ordinance shall be in force from its passage, and be subject to anieatU
ment and repeal by the General^ssembly of Virginia.
No. 44—An ORDINANCE concerning the Army and Militia,
Passed May 1,1861.
Be it ordained, That the presiding justice of any county in this State, be and he
is hereby authorized and required, on the application of three or more justices of
such county, to cause all the acting justices thereof, to be summoned to meet at
the court house of such county on the next succeeding court day, or on some
intermediate day, not less thah five; days from the date of the summons, to take
into consideration and carry into effect the provisions of the act of the General
Assembly, entitled " an act to authorize the county courts and any incorpo-
rated city or town to arm the militia of their respective counties, cities and
towns, and to provide means therefor," passed January nineteenth, eighteen
hundred and sixty-one.
And whereas there may be a doubt whether the term "militia," in said act of
Assembly, includes the volunteer force as a part of the militia, be it further
ordained that the said statute be so construed as to embrace the volunteer force
as a part of the militia of the several counties, cities and towns of the Common'-
wealth.
No. 45.—An ORDINANCE to authorize a Dine of Telegraph from Alexandria to Winchester and
Express Line from Richmond to Baltimore.
Passed April 20,1861
Be it ordained, That the Governor is hereby authorized to contract for a line of
telegraph from the city of Alexandria, by way of Strasburg, to the town of Win"
Chester, and for an Express Line from the city of Richmond to Baltimore, and to
defray the expense thereof from the appropriation heretofore made, or from such
loan as may be authorized by this Convention.
No. 46.—An ORDINANCE to authorize the Construction of a Line of Telegraph.
Passed April 24,1861.
Be it ordained, That the Governor be authorized to have constructed a line of
telegraph from the City of Richmond to such point on York River as he may select,
and to defray the cost of the same from such moneys as may be raised for military
purposes.
No. 47.—An ORDINANCE concerning Telegraphic Lines.
Passed May 1, 1861.
Be it ordained, That the Governor be and he is hereby authorized and empow-
ered to take possession and control of all or any telegraphic lines operating in this
Commonwealth, whenever, in his opinion, the public interest may require it.
No. 48.—An ORDINANCE in regard to the Exportation of Breadstuff's, &c.
Passed May 1,1861.
Be it ordained by the Convention, That the Governor, by and with the advice of
the Council, may whenever, in his opinion, the exigencies of the public service may
require, prohibit the exportation of breadstuffs and provisions of every character
from all or any of the ports and places in this State.