and consent of the Privy Council, from permitting any person or persons to export any of the articles above enumerated, on account of the United States, this State, or for the navies and armies of the allies of the United States.

V. And be it further ordained by the authority aforesaid, That it shall and may be lawful to and for the several collectors of the custom-houses in the ports of this State, to administer the usual oath or oaths, to captains or masters of vessels which may be cleared out at their respective offices.

Ratified by the General Assembly, in the Senate House, the seventh day of August, 1779.

CHARLES PINCKNEY, President of the Senate.
THOMAS FARR, Speaker of the House of Representatives.

[4 Cooper's Stats. 504.]

AN ORDINANCE FOR THE BETTER DEFENCE AND SECURITY OF THIS
STATE, DURING THE RECESS OF THE GENERAL ASSEMBLY.

Oath.

No. 1140.

WHEREAS, in times of danger and invasion, it has always been the policy of republicks to concentre the powers of government in the hands of the supreme magistracy, for a limited time, to give vigour and despatch to the means of safety; and whereas, from the Preamble. present situation of affairs within this State, it behoves us for our common safety to follow such example, and by such well-timed confidence in the servants of the community, acting under the authority of the people and amenable to them, defeat the tyrannical views of an ambitious and cruel enemy, and thereby preserve our peace, liberty and happiness, and prevent the injuries of slavery and oppression;

I. Be it therefore ordained, by the honorable the Senate and House of Representatives of the State aforesaid, now met and sitting in General Assembly, and by the authority of the same, That it shall and may be lawful for the Governor or Commander-in-chief of this State for the time being, with the advice and consent of the Privy Council, at any time after the passing of this ordinance, and during the continuance thereof, to embody, array, and dispose of, any part of the militia. and Charlestown battalion of artillery of this State; provided, that not more than one third part of the militia are drawn forth into actual service; unless those regi

Certain powers ernor and Coun

vested in the Gov

cil.

dues and pro

court of common pleas.

ments of the militia in the parts immediately invaded, or within eighty miles thereof; and to form any camp or camps, in such manner as may most effectually and expeditiously counteract the designs and operations of our enemies, and tend to the public safety; and that the Governor or Commander-in-chief, with the advice of the Privy Council, shall make a proper provision for the family of any poor person who shall be draughted or ordered to take the field, in such manner as shall most readily relieve any such family from any distress or want by the absence of such person being draughted or ordered.

II. And be it further ordained by the authority aforeMay stop ven- said, That it shall and may be lawful for the Governor or ceedings of the Commander-in-chief, with the advice and consent of the Privy Council, when it shall appear to them necessary, to restrain or put a stop to all vendues and commercial transactions, and to the proceedings of the court of common pleas, for such time as they may judge requisite, and to exert any means for effecting the same; provided, this shall not extend to any person or persons who are about to depart this State, or to such who shall refuse to give sufficient security for his, her or their just debts. III. And be it further ordained by the authority aforeGovernor may said, That it shall and may be lawful for the Governor vide military or Commander-in-chief, with the advice and consent of

erect forts, pro

stores, &c.

the Privy Council, to erect or repair and garrison forts and fortifications, for the defence of the frontiers and other parts of this State; and also to build, purchase or hire, and equip and man vessels, for the protection of the coasts; to embody any company or companies of seamen and mariners in the service of this State, to serve in forts, batteries, garrisons, and on board the public gallies or vessels, or in any other manner which may be necessary, and to allow such pay and bounty as they shall think proper; and to lay up, in safe places, magazines of provisions and military stores; and to do all other matters and things which may be judged expedient and necessary to secure the liberty, safety and happiness of this State, except taking away the life of a citizen without legal trial. Provided, it does not extend to subject the militia to articles of war for the regulation of the Continental or State troops.

search to be made

concealed.

IV. And be it further ordained by the authority aforesaid, That it shall and may be lawful for the Governor cause or Commander-in-chief, with the advice and consent of for provisions the Privy Council, if it shall be judged requisite for the public service, by warrant or order under the Governor's hand, to cause any ships, vessels, shops, storehouses, cellars, or other suspected places, by forcing locks, bars and fastenings, to be searched, where it may be suspected any stores of necessaries are stored or concealed, which may be wanted for public service, and to seize and take them for the public use, which said articles, so seized, shall be paid for at the prices then current.

the treasury for

sary.

V. And be it further ordained by the authority aforesaid, That it shall and may be lawful for the Governor, And draw on or Commander-in-chief for the time being, with the any sums necesadvice and consent of the Privy Council, from time to time, to draw on the treasury of this State for any sum or sums of money which may be requisite to carry into execution any of the powers and authorities given by this ordinance; and that for all expenses to be incurred by the execution of any such powers the public faith. is hereby pledged, and this State made liable.

the Council not members present

business.

VI. And be it further ordained by the authority afore-A quorum of said, That if at any time a quorum of the Privy Council attending, the of this State cannot be assembled as expeditiously as may transact any emergency may require, it shall be lawful for the Governor or Commander-in-chief for the time being, to carry into execution, with the advice of such of them as can be convened, the powers and authorities given by this Act, or any other Act or ordinance; any law or ordinance to the contrary in any wise notwithstanding.

may be pleaded.

VII. And be it further ordained by the authority afore- General issue said, That if any person or persons shall be sued or molested, in any manner, for any matter, cause or thing, done or caused to be done in pursuance of this ordinance, it shall and may be lawful for any such person or persons to plead the general issue, and give this ordinance and the special matter in evidence; and if the plaintiff or plaintiffs in any such suit shall suffer a nonsuit, discontinuance, or a verdict shall pass against such plaintiff or plaintiffs, he, she or they shall pay treble costs of suit. VIII. And be it further ordained by the authority afore- The battalion of said, That it shall and may be lawful for the Governor or Commander-in-chief to have and exercise over the battalion of Charlestown artillery all and every power and

artillery to be under the command of the Governor.

Limitation.

authority given him by any militia law or laws of this State, and the powers and authorities given in and by this ordinance, in like manner as over the militia of this State.

IX. And be it further ordained by the authority aforesaid, That this ordinance, and every matter therein contained, shall be of force and continue until ten days after the next meeting and sitting of the General Assembly, and no longer.

Ratified by the General Assembly, in the Senate House, the third day of February, 1780.

CHARLES PINCKNEY, President of the Senate.
THOMAS FARR, Speaker of the House of Representa-

tives.

[4 Cooper's Stats. 507.]

No. 1142.

Preamble.

AN ORDINANCE FOR LAYING ON A GENERAL EMBARGO, FOR THE
TIME THEREIN LIMITED.

WHEREAS, for many weighty and obvious reasons, it is absolutely necessary that a general embargo should be immediately laid on the trade of this State;

I. Be it therefore ordained, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, A general em- That from and after the passing this ordinance, and dur

bargo laid.

ing the continuance and operation thereof, it shall not be lawful for any ship, boat or vessel whatsoever, to sail or depart from any port, inlet, river, creek or harbour of or in this State, for or to any part or place whatsoever out of the same.

II. And be it farther ordained by the authority aforesaid, That this ordinance shall continue and be of force, Limitation of for, during and until the first day of April next ensuing,

the same.

unless his Excellency the Governor or Commander-inchief for the time being, by the advice and consent of the Privy Council, shall think it expedient and necessary for the public service, by proclamation, to suspend the execution and operation thereof on any article of merchandize, and for any part of the time herein before limited, which, in such case, they are hereby fully authorized, impowered and directed to do

III. And be it further ordained, by the authority aforePenalty on vio- said, That if any person or persons shall violate the present embargo, by loading or putting on board of any ves

lating the

bargo.

em

sel, ship or boat, any goods, wares or merchandize, to depart this State, or by departing the same in any such vessel, ship or boat, the owner or owners, shipper or shippers, of such goods, wares or merchandize, vessels, ships or boats, shall be liable to the same penalties, punishments and forfeitures as any person or persons are liable to by the clause in an ordinance passed the twentyeighth day of September, one thousand seven hundred and seventy-eight, are made liable and subject to, for violating any embargo laid by the Governor's proclamation, according to the constitution; such penalties and forfeitures to be recovered and applied in the same way and manner as the said clause of the said recited Act ordains. Provided always, that nothing herein contained shall extend, or be construed to extend, to prevent the Governor or Commander-in-chief for the time being, with advice of the Privy Council, from permitting any vessel or vessels to depart the same, as he, with the advice aforesaid, may think necessary and proper for the public service.

Ratified by the General Assembly, in the Senate House, the 12th day of February, 1780.

CHARLES PINCKNEY, President of the Senate.
THOMAS FARR, Speaker of the House of Representa

tives.

ACTS OF VERMONT.

[Printed from "Acts and Laws of the State of Vermont in America," printed by Judah Padock & Alden Spooner, printers to the General Assembly of said state, 1779.]

PASSED AT GENERAL ASSEMBLY HELD FEBRUARY 11, 1779.

[P.33.]

An Act for preventing Wrong by Impresses.

BE it enacted, and it is hereby enacted by the Representatives of the Freemen of the State of Vermont, in General Assembly met, and by the Authority of the same, That no No Person's goods to be im Person shall be compelled to do any Work or Service for pressed, unless by warrant. the Public, unless it be by Warrant from Authority, and he have reasonable Allowance therefor. Nor shall any Man's Horse, Cattle, or Goods, of what Kind soever, be impressed, or taken for any public Use or Service, unless it be by Virtue of such Warrant, nor without such reasonable Satisfaction: And if such Horse, Cattle, or Goods perish, or suffer Damage in such Service, the Owner shall Such to be paid be duly recompenced.