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of the Battalion with which they shall exercise as before directed. That every Field and Commissioned Officer, having no reasonable excuse, shall appear at the time and place of muster, and there do and perform his duty according to his office and station; and for every neglect or refusal he shall be fined a sum not exceeding fifteen shillings common money, to be adjudged, if a Field-Officer, by the Field-Officers present, or a majority of them; and if a Commissioned Officer below the rank of a Field-Officer, by the Commissioned Officers present, or a majority of them. That every Non-commissioned Officer and Private of the Minute-Men and Militia appear at the time and place appointed for their respective appearance, for mustering, with his firelock and other accoutrements in good order, and there orderly, diligently, and obediently attend to instruction, and perform his exercise in arms, according to the commands and orders of his Officers; and if any Minute or Militia-Man shall, not appear at the time and place of muster with his firelock and other accoutrements in good order, having no reasonable excuse, or shall not there, after appearance, behave himself decently, or in a manner suitable to the attention and care requisite in such exercise, he shall forfeit and pay a sum not exceeding five shillings common money for every such neglect or misbehaviour, which shall be determined by the Captain, Lieutenants and Ensign, or any two of them, either on their own view, or on representation and proof thereof; and on non-payment shall be committed to the custody of the Sergeant of his Company till payment. That if complaint shall be made of gross misbehaviour, or breach of duty of any Commissioned Officer, by any Committee of Observation, or any two Commissioned Officers of the Corps or Company to which such Officer, against whom complaint shall be made, doth belong, or by any one Officer of superiour or equal rank to the Officer complained against, then the Council of Safety may appoint a Court-Martial, to consist of not less than five, nor more than nine of the Commissioned Officers, of the same Corps or County, who, or a majority of whom, shall hear, try, determine, and give sentence on such Officer, so that the same sentence extend not further than to a pecuniary fine, not exceeding ten Pounds common money, or to a publick and solemn acknowledgment of the fault of the offending Officer, or to a suspension or loss of his military commission; which sentence being transmitted to, and approved by the Council of Safety, shall be accordingly executed. That all fines on Officers of inferiour rank to a Field-Officer, and also on Non-commissioned Officers and Privates, shall be to the use of the Company to which such persons belong, and that all fines on Field-Officers be to the use of the Battalion to which they respectively belong. That if any Company or Corps of Minute or Militia Men shall be called forth into actual service, the Officers and Men respectively who shall be so called forth, whilst they are in actual service, shall be subject and liable to the Rules and Regulations established by the Continental Congress for the government of the Continental Army, and shall for a month of thirty days, and so pro rata, be entitled to and receive the Following pay, in common money, to wit:
That if a sufficient number of men shall enrol to make up a Company of Artillery-Men, they may choose their proper Officers, who shall be commissioned as aforesaid, and subject to the same rules as the Militia. And whereas it is absolutely necessary in this time of imminent danger that there should be some power existing, which may superintend the execution of the orders and regulations of the Convention, and occasionally, from time to time, promote the prudent and necessary preparations for defence, and in case of necessity, call forth a due proportion, or even the whole of the force of the Province, in an orderly and regular manner, whereby the strength of the whole will be greatly increased in the common defence, and the rights and liberties of all better secured: Resolved, That sixteen persons, eight of whom residing on the Western Shore, and eight on the Eastern Shore, shall be chosen by ballot, by this Convention, and be styled and denominated the Council of Safety of Maryland. That any nine or more of the said Council of Safety convened, or the major part of them, direct and regulate the operations of the Minute-Men and Militia; and may as aforesaid, grant all military commissions, and appoint and commission Field-Officers, and appoint and regulate the rank of all Military Officers; and in the recess of the Convention call forth the Minute-Men into action in any place or places in this Province or the neighbouring Colonies, and the Militia into action in any place or places in this Province, at such time and times, in such proportions, and on such occasions as they may judge necessary; and do all such other matters and things for the securing and strengthening this Province and for providing for the defence thereof, as they shall deem necessary and expedient, and execute such other powers as may be entrusted to them by the Convention of this Province. That as at some times a necessity for taking speedy measures may be so pressing that a delay till the Council of Safety could assemble together would be highly dangerous, and many things of leas moment may well and more conveniently be transacted by a majority of members residing on the respective Shores, the members residing on either Shore respectively, or the major part of them or of such of them as shall be in this Province, may not only grant commissions for Courts-Martial when applied for, and hear, determine, and punish high and dangerous offenders, according to the resolutions of this Convention, but may also, in case of instant danger, or pressig necessity, call forth the Minute-Men or Militia of their respective Shore; yet it is recommended, if time will permit, for the whole Council of Safety, or nine of them, to meet and consult together; that those of either Shore do not separately call forth the Minute-Men or Militia; and that if time will not permit such meeting and consultation, then, as soon after the separate act done as may be, the whole Council of Safety shall be summoned, and the orders and resolutions of a majority of any nine or more of them shall control or govern; it being the intention of this Convention that a joint Council, where the same can be held on things of moment, should have the supreme direction. That any two or more of the said Council of Safety call a meeting of the members on their respective Shore, or of the whole. That any Officer of the Minute-Men or Militia may be suspended from the exercise of his commission by the Council of Safety, or that branch of it residing on the Shore whereon such Officer resides; or if the Council of Safety should think proper, they may, upon full hearing, displace any Field-Officer, and appoint and commission another in his stead; and that on the death, resignation or removal of any Commissioned Officer, below the degree of a Field-Officer, from his office, the Council of Safety may appoint and commission another in his stead. That the Council of Safety, or either branch thereof, for expenses incurred on its respective Shore, may from time to time draw orders on the Treasurer of their respective Shore for the Bills of Credit to be issued by virtue of the Resolutions of the Convention, who shall accordingly pay such orders. That the Council of Safety may, in case they shall think it necessary, summon and call the Convention to meet before the day to which it may stand adjourned. That the Council of Safety continue such until the next Convention, and no longer, and that they render an account of their proceedings, and always be subject to the control of the Convention. Resolved, In order to prevent an abuse of power from a continuance thereof in the same persons, that at each Convention, eight members of the preceding Council of Safety, four residing on the Eastern and four on the Western Shore, shall be ineligible to the succeeding Council; and that the said eight persons, immediately before the choice of the new Council of Safety, be ascertained by ballot.
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