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use of said county, the dispute therein relative, to the place where said court house and prison shall be erected, be hereafter determined by the legislative authority for the time being.
Ordered, That Edward Davis be discharged from further custody.
On motion, Resolved, That captain Thomas Johnson, junior's, and captain William Hyde's, company of militia, in the city of Annapolis, be independent companies, but subject to the same rules and regulations as the other militia of this province, where such rules and regulations will apply to their circumstances as well when the said companies are in actual service, as otherwise ; and that captains Richard Harwood, junior's, Wm. Brogden's, Edward Tillard's, John Weems', John Steward's, John Deale's, and Richard Chew's, companies of militia, in Anne Arundel county, compose a battalion, any thing in the resolves of the last convention, or the proceedings of the committee of observation for Anne Arundel county to the contrary notwithstanding.
On motion, Resolved, That there be a district, in Fredrick county, bounded on the east by Licking creek, to include all that part of the said county, which lies to the west of the said creek.
That the freemen, and others, entitled to vote for delegates in convention, by the resolves of the last convention, meet a Skipton, in the said district, on a day to be appointed, and choose by ballot one discreet and sensible freeman of the said district, to join the other delegates from Frederick county and vote in 'conventions hereafter to be held for this province.
That the said election be held under the inspection of such persons as may be chosen and appointed by the freemen of that district for the purpose, and be conducted in the same manner and under the same rules as laid down by the last convention for choosing delegates.
That the freemen of the said district choose fifteen discreet and sensible men of the same district to be a committee for the said district, any seven of them to act; and that the election be made agreeable to the resolves of the last convention.
On reading a second time the petition from the inhabitants of the city of Annapolis, Resolved, That the same be referred for consideration till the next session of convention. Adjourned till 3 o'clock.
Resolved, That this convention do highly disapprove of the negligence of many of the people of this province, in not paying off their leries, which ought to have been paid and discharged the last summer; and much more so, of the combinations in some few parts
of this province against the payment of levies, such conduct evidently leading to throw this province into disorder, confusion and anarchy desired by the inveterate enemies and dreaded by the real friends to American liberty.
Resolved therefore, that this convention will, if necessary, aid the officers with their utmost power, in the collection of the levies which ought to have been paid in the summer past; yet those offi
are requested not to distrain the effects of those whose extreme poverty disables them from paying,
Resolved, That the justices of the several county courts ought to assess the inhabitants of their counties, agreable to the acts of assembly of this province; but as the people may not be able, if the unhappy differences with Great Britain should continue, to pay the whole of the assessments for building court houses, churches, and for the like extraordinary charges, and a convention will probably again meet before the time of payment, the legislative authority for the time being will make further order, as to the payment of such assessments as the circumstances of the people may require, and the application of the money assessed will admit; it being the fixed intention of this convention to support order in the community, and ease the good people of this province as far as possible.
On reading the following application of John Archer and James Harris of Harford county: "Gentlemen,
December 6, 1775. “We are fully convinced of the public utility of factories, and would therefore make an overture to you to undertake a flax or hemp manufactory. To carry on the above branch of business to any effect, we should stand in need of £300, which we would engage to remit in linen of such sizes as you would recommend, at the following times; one third of the above sum the first of June next, one third more on the first of September, and the remaining third the first of December, 1776 ; the cost we will cherfully transmit therewith, and leave the price to the honorable convention.
JAMES HARRIS. To the delegates of Harford county now sitting in convention."
Resolved, That the sum of three hundred pounds, out of the treasury of this province, be advanced to the said John Archer and Jas. Harris, agreeable to their application aforesaid, on their giving bond with good security, payable to the honorable Matthew Tilghman, Esq. Thomas Johnson, jun. and Charles Carroll, barrister, Esquires, conditioned for the performance of the terms in the said application mentioned.
Resolved, That a new election of two representatives for Charles county, in the room of William Smallwood and Francis Ware, Esquires, a new election of one representative for Saint Mary's county, in the room of John Allen Thomas, Esq, ; and one in Cecil county, in the room of Nathaniel Ramsey, Esq. whose seats will become vacant on their acceptance of commissions in the regular forces of this province, be had as soon as conveniently may be, in the presence of two or more of the delegates of those counties, respectively; the elections to be by ballot: and in like manner as the election of delegates is directed by resolutions of the last convention, ten days notice at least, excluding the day of notice and day of election, of the times of each of the said elections respectively, being given by advertisements set up in the most public places in the said counties.
On motion, Resolved, That in all cases where judgments have been, or shall be obtained, (except in ejectment, trespass, trover, replevin, detinue, real actions, actions for words, for money and tobacco actually had and received by one person for the use of another, attachment under the late act of assembly, and against nonresidents, and actions upon loan-office bonds) the creditor shall, at his election, have a right to demand of the debtor, a bond with security for the debt and costs of the said judgments, or to take by fieri facias any tobacco, wheat, or corn, (but no other effects) of the debtor, leaving to such debtor sufficient to support his family; but that no capias ad satisfaciendum be issued in any case (except in the cases above excepted) where the debtor will give bond and security, when required as aforesaid, or where the effects aforesaid are tendered to the creditor, at such price as may be settled by the committee of observation for the county in which such debtor resides.
On motion, Resolved, That all rents, other than rents for houses, may be hereafter paid and shall be received in tobacco, and other country produce, at a reasonable value, to be set by the committees of observation; and that no rents ought to be changed into money, from tobacco and other country produce, in which they have been heretofore usually paid.
Resolved, That seven persons, four of whom residing upon the western and three upon the eastern shore, be chosen by ballot to constitute a council of safety for the province of Maryland, to superintend and execute the resolutions of this convention, and to promote the prudent and necessary preparations for the defence and protection of the said province, and to give such necessary assistance to the neighboring colonies as may by the said council be judged proper.
That each member of the said council of safety be allowed and paid fourteen shillings common money, out of the treasury of this province, for every day such member shall sit or be absent from home on public business.
That any four or more of the said council of safety convened, or the major part of them, direct and regulate the operations of the regular forces, the minute men and militia of this province, and may grant all military commissions, appoint and commission all field and commission officers, and regulate the rank of all military officers not appointed by this convention, and in the recess of convention, call forth the regular forces aforesaid and minute men into action in any place or places within this or the neighboring provinces, and the militia into action in any place or places within this province, at such time and times, in such proportions and on such occasions as the said council may judge necessary, and do all such other matters and things for the defence, protection and security of this province, and for the aid and assistance of the neighboring provinces, as they shall deem necessary and expedient.
That any officer of the said regular forces, minute men or militia, may be suspended from the exercise of his commission by the said council of safety, and if the said council of safety shall think pro-, per, they may displace any officer, and appoint and commission another in his stead, and may on the death, resignation or removal of any officer in the regular forces, minute men or militia, appoint and commission another in his stead, and the said council of safety may fill up all vacancies in the regular troops aforesaid, minute men and militia, by whatever means occasioned.
That the said council of safety be authorized and empowered to draw out of the bills of credit emitted or ordered to be emitted by this convention, (except such part thereof as is appropriated to call in and exchange the bills of credit emitted by the last convention) any sum or sums which may by them Be judged necessary to carry the several resolutions of this convention into execution, for paying and discharging all contracts made or to be made for and on behalf of this province, and for the defence and protection of this province, or for paying and defraying the expenses of any part of the said regular troops and minute men which may be ordered to any of the neighboring provinces.
That the said council of safety have power and authority to arrest, and on hearing, confine and imprison till the next convention all such persons within this province as shall have been or may be guilty of high and dangerous offences, tending to disunite the people of this province in their present opposition, or to destroy the
liberties of America; and also have power and authority to hear, try and imprison till the end of the next convention, or banish all such offenders guilty of the offence aforesaid, as may be sent to them by the several committees of observation.
That the said council of safety have full power and authority to pardon all offenders upon whom sentence of death shall be pronounced by a court-martial, under the rules passed by this convention for governing the forces raised or to be raised within this province, for the defence thereof.
That the said council of safety may call a meeting of the convention of Maryland before the time to which it may be adjourned, and that any two members may call a meeting of the said council of safety.
That the said .council of safety may draw upon the treasuries of the western and eastern shores for all charges and expenses incurred in the execution of their office.
That the said council of safety sit constantly if the service requires it, and that their ordinary sessions be held at the city of Annapolis or Baltimore town, but the place of sitting may be changed at the discretion of the said council to any other part of the province, where the public service may require it.
That every member of the said council of safety, before he enters on the execution of his office, take, before some justice of the peace, the following oath, to wit: “You A. B. do swear, that any matter or thing which shall come to your knowledge as a member of the council of safety which is ordered to be kept secret by a majority of the said council of safety, you will not divulge, unless to the deputies in congress for this province, with the permission of the said council of safety, or to a convention of delegates, or member of the said council of safety, or with the permission of the said council of safety or convention. So help you GOD." And that the clerk of the said council of safety shall take an oath in the said form, except instead of the words “as a member of the council of safety," inserting, "as clerk to the council of safety."
That the said council of safety continue till the end of the next convention and no longer, unless otherwise ordered by the next convention, and that they render an account of their proceedings, and always be subject to the control of the convention.
That the honourable Daniel of St. Thomas Jenifer, Esq., and Charles Carroll, barrister, John Hall, and Benjamin Rumsey, esqrs., of the western shore, and James Tilghman, Thomas Smyth, and Thomas Bedingfield Hands, Esqrs., of the eastern shore, be the said council of safety.