ATST ACT
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. To raise Troops to meet the Requisition on Virginia by
the President of the Confederate States.
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Passed February 10, 1862.
Whereas the president of the Confederate States has ascertained
the military quota of Virginia for the existing war to be sixty-five
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thousand eight hundred and forty-two men, and has made a requisi-
tion upon the governor for a portion thereof; and it is the purpose
of this act to apportion the said requisition ratably among the seve-
ral counties, cities and towns of the commonwealth, according to
the white population thereof, and promptly to raise the same:
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1. Be it therefore enacted by the general assembly, that as soon
as may be after the passage of this act, the governor shall ascertain
what number of men will be sufficient to raise the number of each
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volunteer company now in the confederate service from this state to
the number of one hundred men, rank and file. He shall thereupon
apportion the same among the several counties, cities and towns of
the commonwealth, ascertaining the number to be furnished by each,
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upon the basis of its white population, after crediting to each the
number of its resident citizens engaged as volunteers' in the service
of the Confederate States.
2. Having ascertained the quotas to be furnished by the several
counties, cities and towns as aforesaid, he shall make proclamation
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thereof, and shall call for volunteers to fill such quotas. Every such
volunteer shall report himself to the adjutant general by a day to be
named in said proclamation, for enrollment in such company, con-
taining less than one hundred men, as the said volunteer shall elect.
After deducting from the number apportioned as aforesaid to each
county, city and town the number of its volunteers under this call,
the remainder shall constitute the number to be drafted therefrom;
and thereupon the governor shall proceed without delay to cause the
quotas so remaining due froiji the several counties, cities and towns
to be drafted by lot from their enrolled militia, and to be assigned to
their proper companies.
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3. If the number drafted from any county, city or town be re-
quired to fill the ranks of companies from such county, city ^r town,
to the number aforesaid, they shall be mustered into the service in
such company; and as far as practicable, the drafted levies from any
county, city or town shall be assigned to companies from such
count)T, city or town, or from counties, cities or towns nearest
thereto.
4. At least thirty days before the day on which the term of ser-
vice of each volunteer company now in the field shall expire, the
governor shall cause such company to be mustered for re-enlistment
by the officer commanding the same, who shall submit to each
volunteer the question whether he will re-enlist or not, and shall
make out an accurate company roll, designating therein the name,
age and residence of each volunteer who shall decline to re-enlist,
the time his term of service shall expire, and the company and regi-
merit to which he belongs, and return the same forthwith to the
adjutant general: and thereupon the governor shall cause,to be
drafted, by lot, upon the principles and in the proportions prescribed
in the foregoing sections of thyp act, from the enrolled militia of the
respective counties, cities and towns of this, commonwealth, a num-
ber of men equal to the number of those so refusing to re-enlist,
including as a part of the militia of the several counties, cities and
towns in which they reside, the volunteers so refusing to re-enlist.
5. Any draft under the provisions of this act shall, so far as prac-
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finable, not only be apportioned among the counties, cities and towns
of the state (not in the possession of the public enemy, or in which
from any cause a draft cannot be enforced), so as to give to each fair
credit for the number of men theretofore furnished; but the same
principle, so far as may be practicable, shall be extended to the
apportionment among company districts in every county, city and
town.
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6. Artillery companies, whether heretofore or hereafter organized,
may be equipped as light batteries of six pieces each containing not
more than one hundred and fifty men, rank and file: and whenever
any such company shall contain not less than one hundred and
twenty men, rank and file, it shall be entitled to an additional second
lieutenant, to be elected by the company and commissioned by the
governor: and in any artillery company heretofore organized and
accepted by the governor, he shall be authorized to commission the
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officers thereof of corresponding rank and grade with the same arm
of the service in the Confederate States; and to effect this object,
he may recall the commissions now held by the officers thereof, and
issue in their stead commissions as of the same date, conferring the
proper rank and grade.
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7. On the day on which the term of service of any volunteer
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company shall expire, the men refusing to re-enlist and not drafted
for service, shall be discharged; and thereupon the other members of
the company, the volunteers rb-enlisting, with the complement fur-
nished by voluntary enlistment and by draft, shall proceed forthwith
to reorganize the company and elect its officers. The commissioned
officers shall be commissioned by the governor. The commissions of
those elected to the same office shall be of the same date with their
former commissions, and those not re-elected may retire from the
service, and their names shall be reported for enrollment with those
refusing to re-enlist, and their commissions shall be vacated.
8. Whenever a majority of the companies composing any regi-
merit or battalion shall be reorganized under the provisions of the
preceding sections, the commissions oi the field officers of such regi-
ment or battalion shall be vacated, and as soon thereafter as may be,
the commissioned company officers shall elect for a regiment one
colonel, lieutenant colonel and major; and for a battalion, one major.
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9. Except in the cases mentioned in the sixth section of this act,
there shall be for each company a captain and three lieutenants, who
shall be elected by the company and commissioned by the governor.
10. The term of service of all persons drafted or volunteering
under the provisions of this act, shall be three years, deductir ^
therefrom the term of their previous service, during the existirg
war ; nor shall any volunteer declining to re-enlist, who may , e
drafted under this act, be ordered to duty for the period of forty da; s
fit>^i the expiration of his previous term of service, unless in the
opinion of the governor the public exigencies shall imperatively de-
rnand his services. And the general assembly recommend that a fur-
lough of at least sixty daj^s be granted to all volunteers who may
re-enlist at such time as the public exigencies may allow.
11. Any person who may volunteer or be drafted under the pro-
visions of this act, may, at any time before he shall be mustered into
the service of the Confederate States, furnish an able bodied man,
well, clothed, who shall he accepted as his substitute; but the per-
son furnishing such substitute shall perform ordinary militia duty
during the substitute's absence. Should such substitute, while thus
engaged for another, be drafted, or called on to perform his own tour
of duty, the person furnishing him shall be required to take his place,
or to furnish another substitute on the same terms. No person
(whether heretofore exempted or not by colonels of militia or others,
on account of physical disability), who may be drafted under this
act, shall be discharged from service by reason of such exemption ;
nor shall any discharges be granted by reason of alleged physical
disability, unless the person claiming exemption be examined, and
the disability certified to by the officers, and in the manner prescribed
for obtaining similar discharges for men now in service.
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12. Whenever the governor shall be required to fill up companies
under this act, he shall be authorized to accept volunteers in lieu of
drafting.
13. -This act shall be in force from its passage.