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ORDINANCES ~ 
 
 ADOPTKD HY THE 
 
 CONVENTION OF VIRGINIA, 
 
 AT ill I- 
 
 ADJOURNED SESSION, 
 
 IN 
 
 NOVEMBER AND DECEMBER, 1861, 
 
ORGANIZATION. 
 
 5. The militia of the State shall continue to be organized into divisions, 
 brigades, regiments, battalions and companies, but the organization of each class 
 shall be distinct and separate from that of the other class. In each company- 
 district, the Governor shall cause to be organized two companies, one of the ac- 
 tive class and one of the reserve; and in each regimental and battalion district, 
 where there is a battalion district not comprised within a regimental district, he 
 shall cause to be organized two regiments or battalions, one of the active class 
 and one of the reserve, and he shall then organize brigades and divisions of the 
 active class and brigades and divisions of the reserve, assigning not less than four 
 regiments to a brigade, and not less than two brigades to a division. The Go- 
 vernor may distribute the militia as infantry, cavalry, and light and heavy artil- 
 lery, at his discretion, not exceeding, however, the proportion of one battery of 
 artillery and one troop of cavalry to each regiment of infantry. He may orga- 
 nize the artillery and cavalry into regiments and battalions, and he may assign 
 men to the cavalry and artillery service without confining a troop or company to 
 one company district. No officer, non-commissioned officer or private, assigned 
 to cavalry or artillery service, shall be required to furnish his own horse. The 
 Governor shall cause the regiments of infantry, cavalry and artillery to be num- 
 bered, assigning the same number to the active regiment, and the reserve regi- 
 ment of infantry in the same regimental district, and distinguishing them as ac- 
 tive or reserve regiments. 
 
 COAST DEFENCE. 
 
 6. The Governor may assign all enrolled seamen and mariners to the defence 
 of the coast and rivers of the Commonwealth, and may require them to serve 
 afloat or on shore, but their term of service shall not differ from that of the class 
 to which they belong. He may organize them as infantry or artillery or as sea- 
 men and marines for service afloat, and in the latter organization he shall follow 
 as nearly as practicable that of the Confederate States Navy, and may appoint 
 and commission the officers necessary under the said organization. And when 
 the militia are organized fcr service afloat and actually serve in that manner 
 without being accepted and piid by the Confederate States, their rate of pay re- 
 ceived from this Commonveilth shall be the same as that allowed in the Con- 
 federate States Navy. It si all be competent for the Governor to officer the said 
 marine force in whole or in part with such officers of the Confederate States 
 Navy as may be permitted by the Confederate Government to enter the said ser- 
 vice. Instead of enrolling and organizing seamen and mariners with the militia, 
 the Governor may cause a separate enrolment and organization to be made of 
 all such persons resident in the Commonwealth, whether of military age or not, 
 for a term of service not exceeding three years, and they shall be excused from 
 all other military duty. 
 
 7. General and field officers of the militia and volunteers shall be appointed 
 by the Governor. The reserve shall have no general offipers, but shall serve 
 under the general officers of the active class. In time of war, however, the Go- 
 vernor may refrain from making appointments of general officers, or from calling 
 them into service, and may permit the troops to serve under general officers ap- 
 pointed by the President of the Confederate States, but without prejudice to the 
 Constitutional rights of this Commonwealth. Volunteer companies at the time 
 of their organization shall elect a Captain and one first and two second Lieu- 
 tenants, or two first and one second Lieutenant as in corresponding arms of the 
 Confederate Army, who shall be commissioned by the Governor. Vacancies 
 among commissioned officers of volunteers and militia companies occurring be- 
 fore and after they have been mustered into the service shall be filled as hereto- 
 fore. The company officers of the militia shall be of the same grade as those of 
 the volunteers. Appointments of generals and field officers shall be submitted to 
 the Senate for confirmation at its next session. Such appointments shall con- 
 tinue valid until rejected. Each commandant of a regiment or battalion shall 
 appoint hi? adjutant and sergeant major. So soon as the enrolment in two com- 
 
pany districts in the same regimental or battalion district is complete for either 
 the active or the reserve class, the Governor shall appoint the colonel of the re- 
 giment or the major of the battalion containing the said two enrolled companies, 
 and the colonel or major so appointed shall order the election of company officers 
 as the enrolmenVof the companies in his regiment or battalion shall be com- 
 pleted and shall organize forthwith his regiment or battalion and report the same 
 to the Governor. But no colonel or major of cavalry or artillery shall be ap- 
 pointed until all the companies in his regiment or battalion shall be organized, 
 and orders for the election of company officers of cavalry and artillery shall is- 
 sue from the adjutant general. Officers whose appointments are to be submitted 
 to the Senate for confirmation shall not be commissioned until their appointments 
 are confirmed, but in the meanwhile shall be deemed commissioned. No general 
 or field officer of the militia shall be mustered into service, with less than the 
 following number of non-commissioned officers and privates in his command: A 
 major general, 4,000; a brigadier general, 2,000; a colonel or lieutenant colonel, 
 500- a major, 250. Where a company in actual service shall have for three 
 months continuously, less than fifty non-commissioned officers and privates, it 
 Shall be incorporated with other companies in the same regiment or battalion, 
 and the commissions of the officers shall be revoked. If there be two or more 
 companies in the same regiment or battalion, with less than the said number ot 
 non-commissioned officers and privates, they shall be consolidated; the commis- 
 sions of the officers shall be revoked, and the requisite number be reelected. 
 
 MUSTERS AND TRAINING. 
 
 8 Musters and trainings of the reserve shall continue as heretofore. Those 
 for the active class shall be prescribed by the Governor. He may furnish camp 
 equipage to the active class, or such portion of them as may be ordered into en- 
 campments for military exercises, and to the reserve when mustered into service. 
 
 • 
 
 CALLING THE MILITIA INTO SERVICE. 
 
 9 When the militia are needed for active service the Governor shall first 
 call out the active class, or such portion of it as maybe necessary, unless the exi- 
 gency is such as to require both the active class and the reserve, butdie need not 
 call out the entire active class before calling out any portion of the reserve. In 
 all cases where the reserve is called out, it shall be relieved as speedily as possi- 
 ble by the active class. 
 
 TERM OF SERVICE. 
 
 10 The term of service of the reserve shall "be as heretofore; that of the ac- 
 tive class shall be as follows: All under 26 years of age, three years; and the 
 rest two years. Service as a volunteer, as well heretofore as hereafter, shall be 
 estimated as service in the active class, but shall not shorten the aggregate ser- 
 vice which would otherwise have been due from such volunteer. But if such 
 volunteer be in service at the time of the passage of this ordinance, and shall 
 serve continuously two years, no further service shall be required from him in 
 the active class, and he shall be deemed in the reserve. If the term of service 
 due from a member of the active class be not rendered continuously, he may 
 again be called out for the remainder of the term, but not longer. 
 
 VOLUNTEERS. 
 
 11. The organization of the volunteers shall remain as" heretofore. When 
 the term of service for which a volunteer has been mustered in is about to ex- 
 pire, and the militia company in which he has been or ought to be enrolled is 
 mustered in, or about to be mustered into service, he shall have the option ot 
 volunteering for one vear more, or of being mustered into the service with the 
 militia company of which he is a member. If he prefer to be discharged from 
 the volunteer service, he shall receive his discharge, and the fact of such dis- 
 charge shall of itself be deemed a mustering into service as a member ot the 
 militia company to Which he belongs, if such company be m service. In either 
 
case, such furlough shall be granted to him as the public safety permits, but it 
 shall specify the company of which he is a member. A volunteer may elect, at 
 any time before the expiration of his ttrm of service, to reenter the volunteer 
 service, and thereupon his furlough may be granted if the public safety permits it. 
 
 Furloughs, absences and failures to enrol. 
 
 12. All persons, whether volunteers or militia, who over-stay their time after 
 a furlough or leave of absence, or who shall absent themselves from their com- 
 pany without permission, or fail to enrol themselves in- the militia company in 
 which they should be enrolled, for thirty days after notice requiring enrolment to 
 be made has been posted at three places of public resort in the company district, 
 shall, in addition to such other punishment as the law may inflict, have their 
 term of service lengthened three days for every day they have overstayed their 
 furlough or leave of absence, absented themselves without permission, or failed 
 to enrol, unless they show good cause before a court of inquiry for such absence 
 or failure to enrol. ^ 
 
 REPEAL OF MILITIA LAW. 
 
 13. The militia laws and the laws concerning volunteers, shall continue in 
 force except so far as they may be in conflict with the foregoing ordinance, and 
 the militia law shall apply to both classes of militia. The existing organization 
 shall continue in each regimental and battalion district until the company officers 
 of the active companies in the district are elected. The authority of all officers, 
 regimental and company, under the existing laws, shall then cease, except 
 for the purpose of organizing the reserve. General and staff officers shall re- 
 main in commission until their successors are appointed. All acts and parts of 
 acts, in conflict with the foregoing ordinance, are hereby repealed. 
 
 This ordinance shall take effect from its passage, and may be repealed or 
 ameided by the General Assembly. 
 
 No. 94.— An ORDINANCE authorizing that ordinances may be enrolled otherwise than now 
 
 required by law. 
 
 Passed December 4, 1861. 
 
 It having been made known to the Convention, that it is impossible to procure 
 parchment for the enrolment of the ordinances, according to the requirements of 
 existing laws, 
 
 Be it therefore ordained, That the Secretary be, and he is hereby authorized, to 
 enrol the ordinances which haYe been, or may be, passed by this Convention, on 
 substantial paper. 
 
 No. 95.— An ORDINANCE authorizing the General Assembly to fill vacancies in that body in 
 
 certain cases. 
 
 Passed December 4, 1861. N 
 
 Whereas, vacancies may have occurred or may occur in the General Assembly, 
 and, by reason of the presence of the public enemy, it may be impossible to fill 
 such vacancies in the mode now provided by the Constitution and laws, therefore, 
 
 Be it ordained, That in all such cases now existing, or that may hereafter occur 
 during the present war, the Senate and the House of Delegates shall each have 
 power to elect members to fill such vacancies in its own body, or such vacancies 
 may be filled in such other manner as the General Assembly may prescribe by law. 
 
No. 96.— An ORDINANCE concerning Treasury Noteg. 
 Passed December 4. 1S61. 
 
 Whereas, by ordinances of this Convention, number thirty-five, entitled "an 
 ordinance to authorize the issue of treasury notes," passed April 30th, 1861, 
 and an ordinance number seventy one, entitled "an ordinance authorizing trea- 
 sury notes, and concerning the banks," passed June 28th, 1861, authority was 
 given to issue treasury notes to an amount not exceeding in the aggregate, the 
 sum of six millions of dollars, of which four millions were to bear interest at 
 the rate of six per centum per annum, and the remaining two millions were to 
 be without interest; and it being desirable to relieve the treasury from the pay- 
 ment of interest on the treasury notes used and circulated as a currency, 
 
 Be it ordained, That the Auditor of Pnblic Accounts be and he is hereby au- 
 thorized to issue treasury notes, which shall bear no interest, to an amount not 
 exceeding four millions of dollars, for the purpose of redeeming at maturity, or 
 at such other time as they may be presented for payment, the interest bearing 
 treasury notes which were issued under the ordinances of this Convention, 
 passed as aforesaid, respectively, on the 30th day of April, 1861, and on the 28th 
 day of June, 1861. The said notes shall be of denominations not less than five 
 dollars — be payable to bearer at the treasury, on demand — and when presented 
 for payment in sums of five hundred dollars, or any multiple of one hundred dol- 
 lars above that sum, they may be converted into registered bonds of the State, 
 bearing six per centum per annum interest. All the provisions of said ordi- 
 nances, numbers thirty-five and seventy-one, in this ordinance referred to, and 
 the ordinance entitled "an ordinance requiring the banks to receive the treasury 
 notes of this Commonwealth," passed July 1st, 1861, shall be held to apply to 
 the notes authorized to be issued by this ordinance, except so far only as they 
 may be inconsistent therewith. And to enable the Auditor of Public Accounts 
 to execute the provisions of this ordinance, he is authorized to employ for the 
 ptr pose of dating, numbering, clipping and registering said notes such clerical 
 force, in addition to that now in his office, as may be-necessary for the object, at 
 an expense not exceeding the rate of nine hundred dollars per annum for the 
 time so employed. All expenses incurred in the execution of this act, shall be 
 defrayed out of any money in the treasury not otherwise appropriated. 
 
 This ordinance shall be in force from its passage. 
 
 No. 97— An ORDINANCE, enabling the Bank of the GUI Dominion, at Pearisburg, and the North- 
 western Bank, at Jeil'ersonville, to issue small notes. 
 
 Passed December 5, 1SG1. 
 
 Be it ordained, That the provisions of the ordinance passed on the 26th day of 
 April, 1861, permitting the issue of notes of a less denomination than five dollars, 
 by the banks of this Commonwealth be, and the same are hereby extended to the 
 Bank of the Old Dominion, at Pearisburg, and to the North-western Bank, at 
 JefFersonviile. 
 
 No. 9S — An ORDINANCE concerning returned Natives. 
 Passed December 6, 1S61. 
 
 Be it ordained, That natives of Virginia who were residents of any other States 
 or countries, prior to the 4th day of March last, *d who since that time have 
 returned hither, with the intention of permanently resuming their citizenship, or 
 who, are now here with such intention, shall have and enjoy all the rights and 
 privileges of citizens of Virginia, as fully as if they had never resided elsewhere. 
 
 This ordinance shall take effect from its passage. 
 
No. 99— An ORDINANCE to authorize the qualified voters of the Commonwealth, who may be In 
 the military service of the State, or the Confederate States, to vote for members of the General 
 Assembly within their encampments; and authorising the General Assembly to made such laws 
 as may be requisite to give the qualified voters, in the military service of t lie State, or the Con- 
 federate States, on the day of any election under the Constitution, the right to vote within (heir 
 encampments at such elections, and authorizing the citizens of any county or corporation ab- 
 sent therefrom because of the presence of the public enemy, who would be qualified to vote for 
 members of the General Assembly, in such county or corporation, to vote at any general or 
 special election for members of the General Assembly for their counties or corporations. 
 
 Passed December 6, 1861. 
 
 1. Be it ordained, That the qualified voters of this Commonwealth, who maybe 
 in the military service of the State, or of the Confederate States, on the day of 
 any general or special election for the General Assembly, may vote in said elec- 
 tions at such place or places within their encampment as the commander at such 
 encampment shall designate, whether the said encampment shall be within the 
 limits of this State or not. 
 
 2. For each place of voting, the commander of the encampment*shall appoint 
 a superintendent, three commissioners, and as many clerks as shall be necessary, 
 who, after being first'duly sworn by him, shall perform the duties required of, 
 and be liable to the penalties imposed upon, such officers, by the election laws of 
 the State. The said commissioners shall open polls for the counties and corpora- 
 tions of the State from which there may be voters, in the s:jid encampment, desir- 
 ing to vote. The qualified voters who present themselves to exercise the right of 
 suffrage, shall be each asked to name the county or corporation of his residence, 
 and shall be allowed to vote to represent the county in which he resides, and his 
 name shall be headed in the poll book, opened for his county or corporation. 
 When the polls taken as aforesaid shall be closed, the commissioners holding 
 said election, shall make a certified statement of the result of the election in 
 such encampment, for each county for which a poll was opened, and shall deliver 
 the statement so made and the poll book to the commander of the encampment, 
 who shall forthwith appoint some person whose duty it shall be to take the poll 
 book and the statement of the result to the court house of the county for which 
 said election was held, and to deliver the same to the officer conducting the elec- 
 tion at the court house of said county; but if said county is in possession of the 
 public enemy, then to deliver the same to the Secretary of the Commonwealth. 
 All other proceedings shall be the same as prescribed by the election laws of the 
 State. 
 
 3. Power is hereby given the General Assembly to make such laws during the 
 existing war between the Confederate States and the President of the United 
 States, as may be requisite to authorize the qualified voters of the Common- 
 wealth who may be in the military service of the State on the day of any elec- 
 tion under the Constitution, to vote within their encampment at such elections. 
 
 4. The citizens of any county or corporation absent thereform because of the 
 presence of the public enemy, who would be qualified to vote for members of 
 the General Assembly in such county or corporation, may, during the continu- 
 ance of the present war, vote at any general or special election for members of 
 the General Assembly for their counties or corporations at the court house of 
 any county or corporation in the State where they may happen to be on the day 
 of said election. And returns shall be made and certificates given in the mode 
 now prescribed by law. 
 
 
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