And whereas the election of the present Committee for the County of Caroline was not made agreeably to the afore-recited Ordinance: Be it ordained, That the said Committee of the County of Caroline be, and the same is hereby dissolved.
And be it further ordained, That the former Committee of the said County shall proceed to the choice of three of their members to judge of the qualification of voters; and that the Freeholders of the said County, at such time as shall be appointed by the late Chairman, of which publick notice shall be given, shall proceed to the election of another Committee, pursuant to the directions of the first recited arid this present Ordinance.
And be it further ordained, That the Chairman, Clerk, or Delegate, shall cause publick notice to be given of the time appointed for such election, at every Parish Church in his respective County or Corporation, two several Sundays before the day of such election.
VII. An Ordinance for establishing a mode of punishment for the enemies to America in this Colony.
Whereas the most dangerous attempts have been made, by some persons in this Colony, to subvert the rights and liberties of the inhabitants; and whereas, by a Declaration of this Convention, a humane disposition towards such offenders has fully been manifested, who, notwithstanding, have failed to avail themselves thereof, and return to that duty which they owe both to this country and the rights of mankind; and whereas it is become necessary to declare what are and shall be considered as offences, to the end a regular mode of punishment may be established, and equal right and justice administered to all persons within this Colony:
Be it therefore ordained, by the Delegates of the people assembled in General Convention, and it is hereby ordained, by the authority of the same, That if any white person, or persons, who have been in arms against this Colony, shall fail to surrender himself, or themselves, to the Committee of Safety, within two months from the publication of this Ordinance; and if any white person, or persons, shall hereafter aid or assist the enemy, by inlisting Soldiers, giving intelligence, or furnishing them with Arms, Provision, or Naval Stores, or shall bear arms against this Colony; all and every such person, or persons, so having borne arms, or hereafter offending in manner aforesaid, shall, upon being convicted as hereafter mentioned, be liable to be imprisoned, or otherwise confined, in such manner as the Committee of Safety may direct. And proper persons shall be appointed by the Committee of Safety to take possession of their estates, both real and personal, and to cultivate the same to the best advantage, and pay the profits thence arising into the hands of the Treasurer of this Colony for the time being, to be disposed of towards satisfying the just debts of such delinquent, to be ascertained by the Committee of Safety; and the residue for the publick use, in such manner as the said Committee shall think most for the advantage of this Colony. And the principal estates shall be subject to the future determination of the Convention.
Provided, nevertheless, The Committee of Safety shall have full power and authority to pardon such as have heretofore been or shall be in arms against this Colony, or shall otherwise offend as aforesaid, upon being satisfied of his or their repentance, and desire to be restored to the confidence of this Colony, and returning to his or their duty; and in all such cases, the said Committee of Safety shall state the case of each offender to the Convention, to enable them to determine what should be done with their estates.
And whereas it is essential to the peace, the happiness, and safety of this Colony, that the Continental Association should be strictly observed, and that all violators of the same should be duly punished:
Be it further ordained, That from and after the passing of this Ordinance, all Merchants, Traders, or other persons who shall import into this Colony any goods, wares, or merchandise, contrary to the said Continental Association, (except in cases allowed by the General Congress, or the General Convention,) shall forfeit the goods, wares, or merchandise, so imported; and if any person, or persons, so offending, shall refuse or fail to deliver up the said goods, wares, or merchandise, when required by the Committee of Safety so to do, he, she, or they, so refusing or failing, shall forfeit and pay the full value thereof in money; and, in either case, shall, moreover, be for ever rendered incapable of trading in this Colony. And if any person, or persons, shall hereafter put on board any vessel, or vessels, for exportation, or shall hereafter export any produce of this Colony contrary to the said Association, except as aforesaid, he, she, or they, so offending, shall forfeit the cargo, or cargoes, so put on board or exported, or the value thereof; and all and every vessel, or vessels, in which any such goods, wares, or merchandise, shall be imported, or in which any such produce shall be exported, shall be, moreover, forfeited to the use of this Colony, and the moneys arising therefrom paid into the Treasury, for the publick use.
Provided, nevertheless, That no such vessel or vessels aforesaid shall be forfeited, except the value of the goods, wares, and merchandise, therein imported, or of the produce exported, exceed the sum of twenty Pounds sterling.
And be it further ordained, That if any person, or persons, shall hereafter, by writing, or otherwise, order any goods, wares, or merchandise whatsoever, to be imported into this Colony contrary to the Continental Association, except as aforesaid, all and every such person, or persons, so offending, shall, upon conviction thereof, be for ever rendered incapable of trading in this Colony; and every such offender, so convicted, who shall trade within this Colony contrary to this Ordinance, shall suffer, for every such offence, three months imprisonment, without bail or main-prize.
And whereas it is expedient and necessary, the better to determine all offences within this Ordinance, and for the more speedy carrying into execution the several penalties and forfeitures incurred thereby, that persons should be appointed to take cognizance of the same: Be it therefore ordained, That John Blair, James Holt, and Edmund Randolph, Esquires, or any two of them, be, and they are hereby constituted Judges to try and determine on all matters relating to vessels and their cargoes; which said judges shall have power to appoint an Advocate, Clerk, and such other person as they may think proper to act as Marshal, who shall, from time to time, execute all process of the said Court, to be issued and signed by the Clerk thereof. And all witnesses who shall be summoned, and fail to appear and attend the said Court, on such day as their attendance was required, shall forfeit and pay the sum of fifty shillings, for which the said Court shall have power to give judgment, and award execution thereupon; and the said fines, when recovered, shall be paid to the Treasurer for the time being, for the use of this Colony.
Provided always, That any witness failing to appear before and attend the said Court, as aforesaid, shall, at any time within three months, be allowed such excuse as the said Court may think reasonable; and every witness attending the said Court shall have the same allowance as a witness attending the General Court.
And be it further ordained, That, in all cases of condemnation made of vessels or cargoes by the said Court, the person, or persons, proprietors thereof, shall, if they incline so to do, have an appeal to the Committee of Safety, on giving bond and security, in the sum of twenty Pounds, for duly prosecuting such appeal within thirty days from the time of granting the same; and the determination of the said Committee of Safety thereupon shall be conclusive. And in all cases where no such appeal shall be desired, the said Court shall appoint the Marshal to sell and dispose of such condemned vessels and cargoes.
And be it further ordained, That the Judges aforesaid shall, before entering upon the execution of their office, take the following Oath, to be administered by the Committee of Safety, to wit: "I . . . , do swear, that I will truly and faithfully execute the office of a Judge of Admiralty, according to an Ordinance of Convention; and that I will do equal right and justice to all men, to the best of my judgment, without favour, affection, or partiality. So help me God." And the said Judges, being so sworn, shall administer the following Oath to the Clerk and Marshal, that
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