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or upon Sundays between the hours of ten and one o'clock on penalty of being dismissed from all future suttling.
50. No officer commanding in any camp, garrison, fort or other station, shall lay any duty or imposition upon, or be interested in, the sale of any victuals, liquors, or other necessaries of life, merchandize which are brought or offered for sale for the use of the soldiers, nor shall receive or have any gratuity or reward for any license to any suttler, on penalty of being discharged from the service.
51. Any commissioned officer who shall be guilty of any fraud or embezzlement, shall forfeit all his pay due at the time of his conviction, make restitution, and be discharged from the service.
52. Any non-commissioned officer or soldier, who shall embezzle or destroy ammunition, provision, tools, or any other thing belonging to the public stores, shall be punished as may be adjudged.
53. Any officer or soldier, who shall wilfully, or through negligence disobey any general or special orders, shall be punished as may be adjudged.
54. That no general court-martial shall consist of a less number than thirteen, none of whom shall be of a less degree than a commissioned officer, and the president shall be a field officer; which general court-martial shall be appointed, when and as often as occasion shall require, by the council of safety, or the colonel or commanding officer of the said battalion; and the president shall administer an oath to the other members of the same court, and the member next in rank to the president shall administer an oath to him, before the said court shall proceed to determine or hear any case, in the words following, to wit: “You, A. B. do swear, that you will well and truly try, and impartially determine the cause of the prisoner now to be tried, according to the rules for regulating and governing the forces in the service of this province. So help you God.” Provided, That when any person is to be tried for his life, the council of safety shall appoint twenty-four members at least, two of which to be field officers, and ten at least to be captains, out of a list of whom the offender may strike all above the number of fifteen, leaving at least one field officer and five captains; and sen. tence of death shall not be pronounced, unless twelve of the court martial concur in such sentence.
55. That no inferior court-martial shall consist of a less number than five commissioned officers, unless in such cases where that that number cannot be conveniently assembled, when three shall be sufficient; but no person on or against whom the offence is als leged to have been committed, shall be a member of any court.
martial for the trial thereof; and in such cases where three, for that reason, cannot be had of the same corps, garrison, party, or station, of the offender, then with those who are competent of that corps, garrison, party or station, and the next most convenient thereto; such inferior court martial shall be constituted of five members at least.
56. That all inferior court-martials shall be appointed by the colonel or commanding officer of the battalion, corps, garrison, party, or station to which the offender belongs, and the members thereof shall take the same oath, to be administered in like manner as the members of a general court-martial.
57. That every court-martial administer an oath to every witness produced before them in the following words, to wit : "You, do swear, that the evidence you shall give in the case in hearing, shall be the truth, the whole truth, and nothing but the truth. So help you GOD.”
58. That the members of every court-martial shall take the same rank as they hold in the army, and shall behave themselves with calmness, decency, and moderation, and in giving in their votes shall begin with the lowest in commission, and the sentence of the court shall be given according to the majority of votes, except in capital cases as before mentioned.
59. That in all trials of field officers, two-thirds of the number that constitute the court-martial, shall be of the degree of a captain at least.
60. That no persou shall suffer death under any article, unless the pain of death is expressly annexed by such article to his crime, nor shall any person be punished for any crime or offence, except for shamefully abandoning his post in an engagement, until he shall be convicted thereof by a general or inferior court-martial.
61. That no inferior court-martial shall be competent 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.
63. 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 9 o'clock.
MONDAY, January 15, 1776. 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 Payton Probart be appointed commissary to 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 public 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 public 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 may be necessary for the service aforesaid.
That the said companies be relieved at the end of eight weeks at sürthest 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 monies 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 public.
That the 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 3 o'clock.
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 lieutenents, 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 com. missions, 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 al. ready formed or allowed by this convention, according to 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, lieutenantcolonels 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 to rank next above the officers holding the like commissions in the militia.