to pass sentence for any greater punishment on a commissioned officer, than a pecuniary fine, not exceeding twelve dollars, or reprimand, or concession, or to ask pardon; or on a non-commissioned officer or soldier for a greater punishment, than a pecuniary fine, not exceeding half a month's pay, or for five days' close imprisonment, or for whipping on the bare back not exceeding fifteen lashes.

62.That in all cases where the sentence is discretionary, no General Court-Martial shall adjudge the offender, if a commissioned officer, to suffer any greater punishment than a fine or forfeiture of his pay to the amount of ten pounds, to make proper concessions, or to ask pardon, to be reprimanded or cashiered, or discharged from the service; or if the offender be a non-commissioned officer or private, a forfeiture of his pay for one month, or a fine to the value thereof, close imprisonment not exceeding ten days, or Whipping with thirty-nine lashes on the bare back, and drumming out of the company.

64. No sentence of death shall be executed on any offender before the proceedings shall be certified to, and approved by, the Council of Safety, who may, in their discretion, pardon the offender; nor shall any sentence of a General or Inferior Court-Martial for whipping, be executed before the same shall be made known to, and approved by, the commanding officer of the battalion, corps, garrison, or station, to which the offender belongs, and such commanding officer may, in his discretion, remit such punishment.

64. All fines shall be paid into the hands of such persons as shall be directed by the Court-Martial that set the same, and shall be applied to the relief of the sick of the company to which the offender belongs.

65. That these Rules shall be openly and distinctly read at the head of every corps, garrison, company, or part of a company, stationed at any one place, once at least, in every month, under the penalty of twenty pounds on the officer commanding such corps, garrison, company, or part of a company.

Convention adjourns till to-morrow morning, half after nine o'clock.

Monday, January 15, 177G.

Convention met. All Members present as on yesterday. The Proceedings of yesterday were read.

Ordered, That Mr. Richard Ridgely qualify himself as Clerk Assistant to the Convention, by taking the oath of office and secrecy, as directed to be taken by the Clerk.

A Certificate of said Ridgely's qualification was produced and filed.

Resolved, That this Convention is willing and desirous to contribute all the assistance in their power to the relief of their sister Colonies; and as this Convention is informed that the Counties of Accomack and Northampton are in need of assistance,

Resolved, That the Minute Company in Dorchester County, commanded by Captain Joseph Robson, and the Minute Company in Queen Anne's County, commanded by Captain James Kent, and the Minute Company in Kent County, commanded by Captain William Henry, immediately march to Accomack and Northampton Counties, in Virginia, to the assistance of the inhabitants there; and that if any of the men belonging to either of the said companies cannot go on this occasion, then the full number to be made up by such volunteers as may offer for this particular service.

That each private be allowed for his subsistence on his march, one-sixth part of a dollar per day, and the officers in proportion.

That Yelverton Peyton Probart be appointed Commissary, lo provide subsistence for the said companies whilst on their station, and that seven hundred Pounds, common money be paid into his hands by the Treasurer of the Eastern Shore, to be applied for that purpose, he giving bond, payable to the President, in the penalty of twelve hundred pounds, current money, conditioned for the faithful expenditure of the same, and rendering an account and payment of the balance, if any, thereof.

That the Committee of Observation for Kent County, furnish such of the publick arms in their possession as may be necessary to arm such men of the said. Minute Companies as have not good arms of their own; and if there shall not be sufficient of the publick arms in the possession of the said Committee, then it is earnestly recommended to the Committees of Observation for the said Counties of Dorchester, Queen Anne's, and Kent, and of the adjacent Counties, to borrow such arms from the inhabitants of the said Counties as may be necessary to arm the said companies; which arms, so borrowed, shall be valued, and a receipt passed therefor, to the end that the owners may be paid for the same by this Province, in case the said arms be not returned in good order; and it is recommended to the said inhabitants, to lend such spare arms, as they have, and miry be necessary for the service aforesaid.

That the said companies be relieved at the end of eight weeks, at furthest, from their arrival at their station, and be entitled to the same pay and rations as troops in the Continental Army.

That one hundred Pounds be advanced to the Captain of each of the said companies, out of the Treasury on the Eastern Shore, to be applied to defray the necessary expenses of the march of their companies, and that exact accounts be rendered of the expenditure of all moneys by the Captains and Commissary.

That the said Commissary, for his trouble, be entitled to the pay of forty dollars per calendar month.

On motion, Resolved, That the Captains of the Independent Companies, or other officers commanding such Independent Companies, or any part thereof, respectively, do, as occasions may require, apply to some adjacent Surgeon or Physician, to attend any sick or wounded soldier under his command; and that such Surgeon's or Physician's reasonable account for such attendance, and for medicines found and administered by him, be allowed and paid by the publick.

That necessary fuel be found for the said forces in the service of this Province, at the expense thereof, as may be ordered by the Council of Safety.

Adjourned till three o'clock.

Post Meridiem.—Convention met. Mr. Tyler and Mr. Sim appeared in the House.

On motion, Resolved, That the powers and authorities of the Deputies of this Province in Congress, have continuance until the end of the next session of Convention, and no longer, unless otherwise resolved, in this or the said next session of Convention, any thing in the Resolves of this or the last Convention, or any of them, to the contrary notwithstanding.

Resolved, That the Officers of the Militia rank in the following manner to wit: Brigadiers-General, Colonels, Lieutenant-Colonels, First Majors, Second Majors, Captains, First Lieutenants, Second Lieutenants, Ensigns; the Brigadiers-General as to each other, first, second, third, fourth, and fifth, according to their numbers; the other Officers as to others holding like Commissions, according to the number of the Battalion to which they belong; and if they should not belong to any Battalion, then next after the Officers holding in Battalions the like Commissions as themselves, and, as to each other, according to the number of the first Battalion in their respective County. But after the places in the Militia now enrolled shall have been once filled up, and the Officers shall have accepted their Commissions, on the filling up any places that may again become vacant, such Officers, as shall be thereafter appointed to such places, shall hold rank, amongst others of the same degree as themselves, according to the dates of their respective Commissions only; and all Battalions to be hereafter formed, shall be numbered by the successive numbers following the last number of those already formed, or allowed, by this Convention, according lo the time of issuing the Commission to the respective Colonel.

That the Officers of the Militia hold no rank with those of the Regular Forces, unless at, and during such times as they act together, and that when they do act together, they rank in the following order: Field-Officers of the Regular Troops Brigadiers-General and First Colonels of the Militia; Captains of the Regular Troops, Lieutenant-Colonels and Majors of Militia; Lieutenants of the Regular Troops, Captains and Lieutenants of Militia; Ensigns of Regular Troops, Ensigns of Militia. The Officers of Minute-Men