Saturday, August 10, 1776.

Met according to adjournment.

Ordered, That Mr. Ogden and Mr. Dick be a Committee to prepare an Ordinance for the immediate detaching of one-half of the Militia of this State to join the Flying-Camp.

The Board of War and Ordnance having referred the case of Lieutenant Wadman to this Convention, the same was accordingly considered. Whereupon,

Ordered, That Lieutenant Wadman sign his parole, as settled by Congress, to depart from the City of New-Brunswick to Bordentown, in the State of New-Jersey, and there, or within six miles thereof in said State, to remain, and not to depart said bounds unless with leave of the honourable Continental Congress, the Convention, or future Legislature of this State.

The Committee of the Western Precinct of Somerset County having referred the case of Joseph Stockton to this Convention, and before the charge was considered said Stockton having requested time in order to determine whether he should sign the Test inserted in the Election Ordinance,

Ordered, That he have time for a few days to consider thereof, and that in the mean time he return to Hillsborough.

Ordered, That Thomas Jones be Second Lieutenant in Captain Anderson’s Company, in the Battalion whereof Silas Newcomb, Esq., is Colonel, in General Heard’s Brigade, and that he continue Adjutant of the same Battalion.

Adjourned to three o’clock, afternoon.

Met according to adjournment.

General Mercer’s Letter, received this day, was read, and filed.

The Committee appointed to prepare an Ordinance for the immediate detaching one-half of the Militia, &c., made Report; which was read, and ordered a second reading.

Inventories of the Estates of Anthony Woodward and William Guisebertson, of Monmouth County, persons who have absconded from their homes, and joined the enemy, were read and filed.

Resolved, That, to prevent desertion, no person or persons belonging to, or coming from, the Army in the State of New-Jersey be permitted to go over any of the Ferries in or travel through said State without a pass, signed either by General Mercer, Colonel Griffin, or Colonel Biddle, and all persons in general, and in particular the Members of Committees, Militia Officers, and owners or keepers of Ferries, are strictly enjoined to carry this Resolution into effect, by apprehending and securing every person belonging to, or coming from, said Army, who shall not have a pass signed as above directed, until he can be reconducted to the Army aforesaid.

The draft of a Bill for the immediate detaching of one-half of the Militia to join the Flying-Camp, was read the second time, and ordered to be recommitted to Mr. Ogden, Mr. Sergeant, and Mr. Paterson.

Adjourned till to-morrow morning, eight o’clock.

Sunday, August 11, 1776.

Met according to adjournment.

The Committee to whom was referred the Bill for the immediate detaching one-half of the Militia, &c, made Report; and, after sundry Amendments, was agreed to unanimously.*

Adjourned to three o’clock, afternoon.

or their other wagons, carriages, or horses, shall pay more than one-third part of the ferriage paid by such as are not in said service; and, to prevent a misconstruction of this resolve, It is hereby declared, That Commissaries, or other persons supplying the Army by contract with provisions, stores, &c., are not intended to be either included in, or to receive any private benefit from, the said resolve.

And it is further resolved and directed, That the said Commissioners keep an exact account as well of the expenses and disbursements as of the moneys they shall receive for ferriages; and the said Commissioners, or either of them, are hereby authorized to draw orders on either of the Treasurers of this State for such sums of money as shall be necessary for the disbursements aforesaid, and his or their receipts thereof shall be sufficient vouchers to indemnify the said Treasurers, their heirs, executors, and administrators, for the payment of said orders; and at the expiration of the said term the said accounts of disbursements and moneys received for ferriage by the Commissioners shall be submitted to the examination of the said proprietors, who shall and may then choose, either to accept of the profits arising from the said ferries while in the hands of said Commissioners, after paying thereout such sum for said Commissioners’ attendance on the business aforesaid as by the Representatives of this State shall be adjudged, or be paid a reasonable rent for the ferries during the time aforesaid.

*An Ordinance for detaching one-half of the Militia.—Passed AUGUST 11, 1776.

The Convention viewing with serious concern the present alarming situation of this and their sister States, that on a prudent use of the present moment depend their lives, their liberty, and happiness, think it their indispensable duty to put the Militia on such a footing that their whole force may be most advantageously exerted, and to call out the one-half into immediate service, to be relieved by the other monthly:

Be it therefore resolved, ordained, and directed, That all able-bodied men, without exception, in this State, between the ages of sixteen and fifty, be immediately enrolled by the Captains of the Militia in whose Districts they live, into their several Companies, and be called, and deemed to be, in construction of this Ordinance, the Militia of this State, and to be in that Regiment to which the Company they are enrolled in belongs; and that the said Militia be formed into two divisions, in manner following, to wit: Orders shall be immediately issued by the Brigadiers-General to the several Colonels or Commanding Officers of every regiment and battalion within this State, to call together without delay all that are directed as aforesaid to be enrolled in their several Companies; and in those regiments or battalions where one-half will not turn out volunteers to serve in the first division, that the divisions be determined by lot.

That the first division be immediately equipped with arms and every necessary accoutrement that can be obtained, and four days’ provision, and march with all despatch to join the Flying-Camp in this State. And to the end that the several divisions may be properly formed and officered, it is hereby directed, That the battalions of the first division shall be formed as follows, to wit: one battalion from the regiments or battalions whereof Philip Van Cortland and Edward Thomas, Esquires, are Colonels; another battalion from the regiment whereof Theunis Dey, Esq., is Colonel; another battalion from the battalions whereof Jacob Ford and Jacob Drake, Esquires, are Colonels; another battalion from the two regiments and one battalion whereof Mark Thompson, Ephraim Martin, John Cleave Symmes, Esquires, are Colonels; another battalion from the two battalions whereof Stephen Hunt and Abraham Quick, Esquires, are Colonels; another battalion from the battalions whereof George Taylor, David Brearley, Daniel Hendrickson, Esquires, are Colonels; another battalion from the battalions whereof Jonathan Deare, Esq., is Lieutenant-Colonel, and John Neilson and John Duyckinck, Esquires, are Colonels; another battalion from the battalions whereof Isaac Smith and David Chambers, Esqs., are Colonels; another battalion from the battalions whereof Joseph Beavers and John Mehelm, Esqs., are Colonels; another battalion from the battalions whereof Joseph Borden and Charles Read, Esquires, are Colonels; another battalion from the battalions whereof Joseph Ellis and Richard Somers, Esquires, are Colonels, and Samuel Tonkin, Esquire, is Lieutenant-Colonel; another battalion from the battalions whereof Samuel Dick and John Holme, Esquires, are Colonels; and another battalion from the battalions whereof Silas Newcomb and David Potter, Esquires, are Colonels.

That the Field and other officers of every two regiments or battalions from whence by division a battalion is to be formed as aforesaid, meet together as soon as possible; and the officers to command each division shall be determined as follows: one of the regiments or battalions shall furnish a Colonel, the other a Lieutenant-Colonel, and so alternately the Majors and other officers; and if it cannot readily be agreed by the said officers which regiment or battalion shall furnish the Colonel, or other Field-Officer for the first division, the same shall be determined by lot; and wheresoever there are a greater number of Companies in one than in the other of the said regiments or battalions from whence one is to be formed as aforesaid, if the Captains and Subalterns in that regiment or battalion containing the greatest number of Companies do not agree among themselves who shall serve in the first division, the same shall be determined by lot.

That in the County where there is but one regiment, either the Colonel and one of the Majors, or the Lieutenant-Colonel and the other Major, go out with the first division; and if not agreed on among themselves which of them shall go in the first division, the same shall be determined by lot; and wheresoever a battalion is to be formed out of three regiments or battalions, the Field-Officers shall go out in rotation.

That the battalions for the second division shall be formed in like manner as those of the first division, to wit: each of the remaining half parts of such regiments or battalions out of which a battalion is above directed to be formed for the first division, shall form a battalion for the second division.

That the first division shall continue in service for and during the term of one month, to be computed from the time of joining the Flying-Camp; and then, unless sooner discharged, to be relieved by the second division, and so alternately every month, until orders to the contrary shall be issued by the Legislature, the Commander-in-Chief, or one of the Brigadiers-General of this State.

That to the end that every man of the first division may be completely equipped as far as possible, the several Colonels or Commanding Officers of each regiment or battalion of the Militia are hereby directed to take from the Militia of the second division of their respective regiments or battalions a sufficient number of their best arms, and equip those of the first division, giving receipts and taking just appraisements; and when relieved by the second division, those of the first shall redeliver the same to them; and also such numbers of their own arms as shall be needed to be taken, and appraised in the manner aforesaid; and the same arms so at any time lent or taken, if lost or damaged in the service, shall be made good by this State.

That every private shall and may have the liberty of timely providing an able-bodied man to serve in his stead, to be approved by the Captain of the Company in which he is to serve.

That every officer refusing to serve in his turn shall be cashiered and reduced into the ranks, and shall be fined in manner following: a Colonel £20; a Lieutenant-Colonel £15; a Major £12; a Captain £8; a