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of the currency of this Colony, have made a difference between that and the Continental currency of twelve-and-a-half per centum, which the Committee are of opinion was in part owing to our currency’s not being emitted in dollars; but it does not appear to them that any means have been used in this Colony to depreciate the value of our paper currency, or that any difference hath been made between that and the Continental currency. On the contrary, it appears to your Committee, from the information of Benjamin Harrison, Jun., Esq., that in order to support the credit of our currency at Philadelphia, he had accommodated several gentlemen with bills of exchange on his correspondent there, taking only an allowance of two per centum for the trouble of negotiating the said bills. And your Committee are of opinion, that if the inhabitants of the United Colonies were fully informed of the manner of redemption of our paper currency, it would be a means of preserving the credit of the same.

That it further appeared that the goods in the publick store have been sold at the rates and in the manner set forth in the memorial of William Aylett, Esq., and that the store has been conducted in such a manner as to give no just cause of complaint.

That the pay of the Continental troops in this Colony was delayed for some time by means of not sending the money for that purpose from the General Congress, and for want of proper instructions to the Paymaster when the money arrived; but these difficulties being now removed, it appears to them that the Paymaster hath advanced to the commanding officer of the several regiments the full pay of the troops to the 28th day of May last; but the same not being regularly paid to the men, gave rise to complaints, which in several instances were just, but since this inquiry was begun the respective balances due to the several soldiers have been actually paid off, except in a few instances, where the necessary absence of the parties concerned has prevented it; and particularly, that it appeared to them, in the course of their inquiry, that the sum of £94 14s. 5d. was due from Captain Robert Bollard, of the First Regiment, to sundry soldiers under his command, for their pay to the said 28th day of May; that a balance of £32 13s. 4½d. was due from Captain Ballard to the publick store, for goods which he had charged his men with; and that Captain Ballard had obtained sundry receipts from several soldiers in his company for sums of money which he never actually paid them; but since this discovery, Captain Ballard has also paid the several soldiers the balances due to them. It also appeared that Captain Ballard had charged William Pearman, a sick soldier, for board and nursing, £l 12s. 6d., which they think he ought not to have done. And it further appeared to them that Brigadier-General Lewis has taken proper steps to prevent complaints of this nature for the future.

Resolved, That this Convention doth agree with the Committee in the said Report.

Adjourned till to-morrow, nine o’clock.


Wednesday, July 3, 1776.

An Ordinance to lay off the Colony into Districts for the choice of Senators, and for ascertaining their wages, was read a second time, and ordered to be committed to a Committee of the whole Convention.

Resolved, That this Convention will immediately resolve itself into a Committee on the said Ordinance.

The Convention accordingly resolved itself into a Committee on the said Ordinance; and after some time spent therein, Mr. President resumed the chair, and Mr. Cary reported, that the Committee had, according to order, had under their consideration the said Ordinance, and had gone through the same, and made several Amendments thereto, which he was ready to report when the Convention should be pleased to receive the same.

Resolved, That the said Report be received to-morrow.

Mr. Richard Henry Lee, from the Committee appointed, presented, according to order, an Ordinance prescribing the Oaths of Office to be taken by the Governour and Privy Council of the Commonwealth of Virginia; which was read the first time, and ordered to be read a second time.

Resolved, That John Hobday, Gentleman, be appointed Manager of the Salt Works to be erected between York and James Rivers, in the room of David Jameson, Gentleman, who hath declined the said appointment.

An Ordinance to enable the present Magistrates and officers to continue the administration of justice, and for settling the general mode of proceedings in criminal and other cases till the same can be more amply provided for, having been fairly transcribed, was read a third time.

Resolved, That the said Ordinance do pass. *

Resolved, That a Company of Minute-men be stationed at each of the publick Salt Works in this Colony where troops are not already stationed, for their defence against the enemy; and that each soldier employed to labour on such work, be allowed the sum of 1s 3d. per day, over and above soldier’s pay, for every day he shall be so employed.

Resolved, That the Manager of the Salt Works on the Eastern-Shore be permitted, with the consent of the Commanding Officer, to employ such of the Troops stationed there as can be spared from other duties, on the terms and for the purposes mentioned in the foregoing Resolution.

An Ordinance to amend an Ordinance intituled An Ordinance for prescribing a mode of punishment for the enemies of America in this Colony, was read a second time, and ordered to be committed to Committee of the whole Convention.

* An Ordinance to enable the present Magistrates and Officers to continue the administration of Justice, and for settling the general mode of Proceedings in Criminal and other cases till the same can be more amply provided for.

Whereas it hath been found indispensably necessary to establish Government in this Colony, independent of the Crown of Great Britain, or any authority derived therefrom, and a plan of such Government hath been accordingly formed by the General Convention, but it will require some considerable time to compile a body of laws suited to the circumstances of the country, and it is necessary to provide some method of preserving peace and security to the community in the mean time:

Be it therefore ordained by the Representatives of the people now met in General Convention, That the several persons named in the commission of the peace in each County respectively, having in the Cour of the County taken the following oath, which shall be administered to the first person named who is present by any two of the others, and then by him administered to all the others, that is to say: “I, A. B., do solemnly swear, that I will be faithful and true to the Commonwealth of Virginia; that I will, to the utmost of my power, support, maintain, and defend, the Constitution and Government thereof, as settled by the General Convention; and that I will faithfully execute the office of . . . . . . . for the County of. . . . . . , and do equal right and justice to all men, to the best of my judgment, and according to law;” shall each, and every of them, have full power to execute the office of a Justice of Peace, as well within his County Court as without, in all things according to law.

And be it further ordained, That where it shall happen that there is not a sufficient number of Magistrates for holding a Court in any County already appointed, the Governour may, with the advice of the Privy Council, appoint such and so many Magistrates in such County as may be judged proper and necessary.

And whereas Courts in the District of West-Augusta have been hitherto held by writs of adjournment, which writs cannot now be obtained:

Be it therefore ordained, That the Justices residing in the said District, on taking the same oath aforesaid, shall have the power and authority to hold a Court within the said District, on the third Tuesday in every month, at such place as they may appoint, and shall exercise their office, both in Court and without, in the same manner as the Justices of the several Counties are by this Ordinance empowered to do.

Provided always, That upon complaint made to the Governour and Privy Council against any Justice of Peace now in commission, of misfeasance in office, or disaffection to the Commonwealth, it shall and may be lawful for the Governour, with advice of the Privy Council, on a full and fair hearing of both parties, to remove such Justice from his office, if they shall be of opinion that the said complaint is just and well founded.

And be it further ordained, That the Common Law of England, all Statutes or Acts of Parliament made in aid of the Common Law prior to the fourth year of the reign of King James I., and which are of a general nature, not local to that kingdom, together with the several acts of the General Assembly of this Colony now in force, so far as the same may consist with the several Ordinances, Declarations and Resolutions of the General Convention, shall be the rule of decision, and shall be considered as in full force, until the same shall be altered by the Legislative power of this Colony.

Provided always, and be it further ordained, That all quitrents and arrears thereof, and all duties, aids, penalties, fines, and forfeitures, here-to-fore made payable to the King, his heirs and successors, shall be and inure to the use of the Commonwealth; and all bonds for securing the same shall be made payable to the person or persons having the Executive power.

And be it further ordained, That all bonds to be entered into by Sheriffs, or other publick officers, and in all other cases where the same are required by law, shall be made payable to the Justices of the Court taking such bond, and, in the names of them or their successors, may be sued and prosecuted at the costs and for the benefit of the publick, or any private person or persons injured by the breach thereof, as often as there may be occasion, until the whole penalty be levied.

And be it further ordained, That all the present Sheriffs now in office under a commission from the late Governour, upon taking the oath before prescribed in the Court of their County, shall continue to act, ard have all the powers and authorities of Sheriff, according to law, until the 25th day of October next.

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