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the Militia in Baltimore County, when the following persons were elected, to wit:
Gunpowder Battalion: Walter Tolly, Junior, Colonel; Darby Lux, Lieutenant-Colonel; James Gittings, First Major; Thomas Sollers, Second Major; Benjamin Rogers, Quartermaster.
Soldiers Delight Battalion: Thomas Gist, Sen., Colonel; Samuel Owings, Lieutenant-Colonel; John Craddock, First Major; Isaac Hammond, Second Major; Joseph Gist, Quartermaster.
Baltimore Town Battalion: William Buchanan, Colonel; John Moale, Lieutenant-Colonel; Benjamin Nicholson, First Major; Thomas Jones, Second Major; James Calhoun, Quartermaster.
Convention adjourns till to-morrow morning, nine oclock.
Saturday, May 25, 1776.
Convention met. All Members present as on yesterday, except Mr. Ringgold and Mr. William Harrison.
The Proceedings of yesterday were read.
On motion, Resolved, That a Committee bo appointed to prepare a Passport for his Excellency Governour Eden, and to draft a Letter to the Committee of Safety of Virginia.
And Mr. Paca, Mr. T. Johnson, and Mr. Hollyday, were elected, by ballot, a Committee for that purpose.
Mr. Handy appeared in the House.
Mr. Ewing has leave of absence.
Mr. Hollyday brings in and delivers to Mr. President a Report from the Committee to whom the Memorial of the Battalion of Regulars was referred; which was read, and ordered lie on the table.
Mr. Paca brings in and delivers to Mr. President a Report from the Committee appointed to devise a proper esta blishment of a Court of Admiralty, for the trial of such Captures and Seizures as may be made pursuant to the late resolves of the Continental Congress on that subject, and brought into any Port or District within this Province; which was read, and ordered to lie on the table.
A Memorial from Captain George Strieker was read, and ordered to lie on the table.
Mr. Turbutt Wright has leave of absence.
The Convention took into their consideration the Report from the Committee appointed to devise a proper establishment for a Court of Admiralty, for the trial of such Captures and Seizures as are or may be made pursuant to the late resolves of the Continental Congress on that subject, and brought into any Port or District within this Province, and thereupon came to the following Resolutions, to wit:
Resolved, That a Court of Admiralty be established for the trial of such captures and seizures, with full power to take cognizance of all libels on account of such captures and seizures, and to proceed to a final determination and decree thereupon; which Court shall consist of a Judge to hear and determine, a Register to record the proceedings, and a Marshal to call the said Court and execute the several processes thereof; the said Judge to be nominated and commissioned by the Convention, or, in the recess thereof, to be nominated and commissioned by the Council of Safety for the time being; and the said Register and Marshal to be nominated and appointed by the Judge of the said Court. The commission of the said Judge, and the nomination and appointment of the said Register and Marshal, to be during the will and pleasure of the Convention for the time being. The process and form of proceeding to be as usual in the Courts of Admiralty; but if either libellant or defendant, on any controverted material fact between them, demand a trial of the said fact by a jury, in such case shall order and direct the Marshal to summon, out of the neighbourhood where the Court is held, a jury of freeholders, to find and say the truth of the said fact on oath; and upon the verdict of the said jury, shall pronounce his decree accordingly; the final determination and decree of the said Judge to be subject to such appeal, and in such manner, as recommended in the resolutions aforesaid of the Congress. The fees for proceedings in this Court to be the same with the fees heretofore allowed the Court of Admiralty by an act passed in 1763, entitled An act for amending the staple of Tobacco, &c.; the said fees to be paid in money at the rate of twelve shillings and six pence, common money, per hundred; and the allowances to juries and witnesses to be the same as heretofore made to juries and witnesses in the common-law County Courts of this Province. This Court to be held at such place as the Judge shall think convenient for the trial of such captures and seizures as are or shall be made as aforesaid.
William Hayward, Esq., was unanimously elected Judge of the said Court of Admiralty.
The Committee for that purpose appointed, bring in a Passport for his Excellency Governour Eden, and a draft of a Letter to the Committee of Safety of Virginia; which were read, and agreed to.
Adjourned till three oclock.
Post Meridiem. Met according to adjournment.
Whereas his Britannick Majesty King George has prosecuted, and still prosecutes, a cruel and unjust war against the British Colonies in America, and has acceded to acts of Parliament, declaring the People of the said Colonies in actual rebellion: And whereas the good People of this Province have taken up arms to defend their rights and liberties, and to repel the hostilities carrying on against them, and whilst engaged in such a contest, cannot, with any sincerity or devotion of heart, pray for the success of his Majestys arms:
Therefore Resolved, That every Prayer and Petition for the Kings Majesty, in the Book of Common Prayer and administration of the Sacraments, and other rites and ceremonies of the Church, according to the use of the Church of England, except the second Collect for the King, in the Communion service, be henceforth omitted in all Churches and Chapels in this Province, until our unhappy differences are ended.
On reading a second time the Report from the Committee to whom the Memorial of the Officers of the Battalion of Regulars was referred, the Convention took the same into consideration,
And thereupon Resolved, That it will be most conducive to the publick service, that the Council of Safety be at liberty to prefer such persons as shall appear to them to be most meritorious; in which promotions the Convention doubt not the Council will give a proper attention to justice.
That as the contract for furnishing the troops with rations includes the officers, as well as privates, and the emoluments of the contractor being to arise upon his furnishing the rations in specie, the officers cannot be allowed the alternative of receiving the ration or cash, during the subsistence of the present contract, without a breach thereof on the part of the publick.
That no person or persons shall, after the 1st day of June next, deal or barter with any private soldier, knowing him to be such, without the license in writing of the Colonel or Major of the Battalion, or Captain, or commanding officer for the time being, of the company or party to which such soldier shall belong, under the penalty of such sum, not exceeding fifty shillings, common money, as shall be adjudged by the Committee of Observation for the County where such soldier shall be stationed, or where the offender shall reside. And that upon complaint of the Colonel, Major, Captain, or other commanding officer, as aforesaid, to such Committee, of any breach of this resolve, the said Committee shall have power to call the offender before them, and, upon inquiry into the complaint and conviction of the offender, to impose such fine upon him or her as in their discretion they shall adjudge, not exceeding the said sum of fifty shillings. And, upon non-payment thereof, may, by warrant under their hands, empower any person they shall judge proper to levy the same, by distress and sale of the goods of the offender; which fine, when so levied, shall be paid into the hands of the Captain or commanding officer for the time being of the company or party to which such soldier shall belong, and by him paid to the Treasurer of that Shore where the offence shall be committed.
That a Court-Martial shall be empowered to punish theft, committed by any soldier inlisted in the service of this Province, by fine, not exceeding forty shillings, common money, or by whipping on the bare back, not exceeding thirty-nine lashes, for any one offence, at the discretion of such Court-Martial.
On motion, Resolved, That it be recommended to the