except in cases where that number cannot conveniently be assembled, when there may be sufficient who are to determine on the sentence by a majority of voices; and in all trials for capital offences the court-martial shall be composed of thirteen officers, and the sentence be determined by at least two-thirds.

25. All persons belonging to our boats or our Artillery Company, called as witnesses in any case before a court-martial, who shall refuse to attend and give evidence, shall be punished at the discretion of a court-martial.

26. All members of a court-martial are to behave with calmness, decency, and impartiality, and in giving their votes are to begin with the youngest or lowest in commission; and all officers are to rank in courts-martial according to their commissions.

27. All members sitting in a court-martial shall be sworn or affirmed by the President of said court, which President himself shall be sworn or affirmed by the officer next in rank in said court. The oath or affirmation to be administered previous to their proceeding to the trial of any offender, in form following, viz: “You, A B, swear or affirm that you will well and truly try, and impartially determine, the cause of the prisoner now to be tried, according to the rules framed for the regulation of the Pennsylvania Artillery Company;” if an oath, add “so help you God.”

28. The President of the court-martial shall administer the following oath or affirmation to all persons called to give evidence: “You swear or affirm, that the evidence you shall give in the cause now trying shall be the truth, the whole truth, and nothing but the truth;” if an oath, add “so help you God.”

29. No person shall suffer death, agreeable to the sentence of a court-martial, (except in the cases mentioned in the fifth article,) until the sentence is confirmed by the Assembly, or, in their recess, by the Committee of Safety.

30. The Captain of the said Artillery Company shall, in the beginning of every month, make a faithful return to the Committee of Safety of the men in his Company, to be sighed by himself; and upon being convicted of having made a false return, shall be discharged from the service; and if he neglect to make a return within the month, shall be fined at the discretion of said Committee.

31. No officer or private shall be tried a second time for the same offence.

32. And for the encouragement of good and able-bodied men to enter into the said Artillery Company, the Committee of Safety have resolved to pay to the Captain of the said Company twenty dollars per month; to the Lieutenant, fourteen dollars per month; and to each Private, Fife, and Drum, six dollars per month; with the same allowance of provisions and liquor as ordered for the armed boats.

We, the underwritten, having seen and distinctly heard the foregoing Articles read, and fully understanding the concepts thereof, do freely and voluntarily subject ourselves to all and every of the rules, regulations, and restrictions therein contained. In witness whereof, we hereunto subscribe our names.

Resolved, That Captain Proctor be supplied by the Master-at-Arms with the Firelocks furnished by Colonel Cadwallader, now on board the Armed Boats, taking his receipt for the same. And that the Master-at-Arms replace the number of Firelocks taken from on board the Boats as soon as possible.

That he appoint the necessary Non-Commissioned Officers of his Company, they serving for the common pay. That he may order his men to the Barracks immediately. That Robert Towers supply him with six Cannon, with Carriage, and every other necessary for them.

Tuesday, November 7, 1775.

At a meeting of the Committee of Safety: Present—

Robert Morris, George Gray, Samuel Howell, George Clymer, Daniel Roberdeau, James Biddle, Andrew Allen, John Nixon, Samuel Miles, Samuel Morris, Jun., John Cadwallader, Thomas Wharton, Jun., Owen Biddle.

Resolved, That Samuel Howell and Colonel Cadwallader be a Committee to purchase some Powder, now in Reading, from Jonathan Potts, Esq.

Upon application of Andrew Allen, Esq., from the Continental Congress, to this Board, for a quantity of Gunpowder,

Resolved, That this Board furnish the Congress with five hundred pounds of Gunpowder, and that Robert Morris, Esq., give an order for the same.

Resolved, That the Committee of Accounts, joined with Mr. Gray and Mr. Miles, be a Committee for borrowing the sum of Ten Thousand Pounds for the use of this Province, and that the Board will give their bond for the same.

Resolved, That Colonel Roberdeau, Colonel CadwalIader, and Colonel Nixon, be a Committee to inquire what services the Master-at-Arms has done; to know if such an officer is necessary to the armed boats; and if the present one is sufficient for the appointment, that they draw up instructions for his government.

Resolved, That Mr. Mease, Mr. Nixon, and Mr. Wharton, the Committee of Accounts, purchase from Mr. Peter Knight all the Turpentine he has for sale.

Resolved, That Mr. Howell and Mr. Clymer be a Committee to inquire into the quantity of Sulphur that is now in this City.

By order of the Board, an Order was drawn on Michael Hillegas, Esq., Treasurer of this Board, for one thousand Pounds, in favour of Thomas Wharton, John Nixon, and James Mease, Committee of Accounts.

Resolved, That it is the opinion of this Board, that Mr. Wharton, Mr. White, Mr. Nixon, Mr. Howell, Mr. Robert Morris, and Mr. Clymer, be a Committee to contract with such persons as they may think most capable, for the immediate building and equipping a Ship-of-War for the river service, to mount twenty eighteen Pounders, and to provide the Guns, necessary Ammunition, Provisions, and other articles fitting for such ship.

Resolved, That Mr. Wilcocks, Mr. James Biddle, and Mr. Owen Biddle, be a Committee to apply to the Barrackmaster to go and inspect the condition of the Barracks, examine the quantity and the quality of the Provincial Stores, to take a list of the same, and make report to this Board.

Resolved, That Mr. Owen Biddle, Mr. Clymer, and Mr. Cadwallader, be a Committee to inquire and make report to this Board whether there is any person skilled in the casting of large Cannon, and whether the same can be done at any of the Furnaces in this Province.

Resolved, That as it appears to this Board that the providing a number of Fire-Rafts will contribute greatly to defend this City against hostile attacks from Men of War, Mr. Howell, Captain White, Mr. James Biddle, and Mr. Owen Biddle, be a Committee to inquire into the construction of such Fire-Rafts, and to give immediate directions for building so many of them as may be necessary, and report thereon to this Committee.

The Committee for regulating the Pilots reported to the Board the following Rules and Regulations for the conduct of the Pilots appointed to carry all vessels up and down the river between Chester and Philadelphia, with a copy of the certificates they have agreed upon and delivered to the said Pilots; and the Board having taken the same into consideration, do approve of them, and ordered them to be entered on their Minutes.

The Committee of Safety having ordered and directed that ten Pilots only be employed in conducting all vessels between Philadelphia and Chester, whether inward or outward bound, the following are the Rules and Regulations concerning them, viz:

1st. That five of the said number of Pilots be in readiness at Philadelphia, to carry vessels down to Chester; and having performed that service, immediately to return by land, or in their skiffs, to Philadelphia.

2d. That the other five be at Chester, to bring vessels up from there to Philadelphia, and are to return in like manner to Chester.

3d. That no Pilot be allowed to return to his station otherwise than as above, unless when it happens that any vessel shall be in want of a Pilot, and there is none other on the spot, in which case he may take charge of her.