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Agreeable to order the convention resolved itself into a committee of the whole, to consider of the late intercepted letters to governor Eden, the proceedings of the continental congress, and of the council of safety of this province, thereupon; Mr. Plater in the chair. After some time spent thereir, Mr. President resumed the chair, and Mr. Plater reported, that the comunittee had according to order, taken into their consideration the late intercepted letters to governor Eden, the proceedings of the continental congress and of the council of safety of this province, thereupon, but not being able to go through the same, had directed him to move for leave to sit again.
Resolved, That this convention will on to-morrow resolve itself into a committee of the whole to consider further of the said letters and proceedings.
On motion, Ordered, That the commanding officer of the troops at Annapolis, permit the bail of James Conway, a private in captain Scott's company, to take the said Conway into his possession, in order to be surrendered in discharge of his said bail.
The committee for that purpose appointed bring in and deliver to Mr. President, a report on the petition of Basil Brooke, jun., which was read and ordered to lie on the table.
Mr. Gilpin from the committee appointed to receive proposals relative to the establishment of manufactories, brings in and delivers to Mr. President, a report on the memorial of Alexander M'Fadon of George-town in Frederick county; also a report from the said committee relative to a paper manufactory; which were seve
everally read and ordered to lie on the table. Convention adjourns till to-morrow morning, 9 o'clock.
FRIDAY, May 24, 1776. Convention met. All members present as on yesterday, except Mr. Rumsey, Mr. Baird, Mr. Handy, and Mr. Stull. The proceedings of yesterday were read.
On hearing Mr. Daniel Hughes, as to the execution of the contract made by Samuel Hughes on the behalf of himself and the said Daniel Hughes, for the casting and furnishing cannon for the public, Resolved, That the enquiry be made what is the standard proof of capnon contracted for on account of the continent, and that the same proof be had of the cannon to be furnished by the said Hughes's on their contract.
Resolved, That notwithstanding the said Hughes's have not furnished the public with cannon within the time they contracted to do the same, that on their pursuing the work with diligence, the
council of safety for the time being, take the whole number contracted for on the account and for the use of the public.
The petitions of Patrick Obryan and John Brown, late farmers of his lordship’s Quit-rents in Queen-Anne's county, were seve. rally read and ordered to lie on the table.
Mr. Ringgold brings in and delivers to Mr. President, a report from the committee appointed to examine into the expenditure of the money placed in the hands of Mr. William Lux, as agent for the ship Defence, which was read and ordered to lie on the table.
A petition from George Adams was read and ordered to lie on the table.
Agreeable to the order of the day, the convention resolved itself into a committee of the whole, to consider of the late intercepted letters to governor Eden, the proceedings of the continental congress, and of the council of safety of this province, thereupon ; Mr. Plater in the chair. After some time spent therein, Mr. President resumed the chair, and Mr. Plater reported from the committee several resolutions, which were read and agreed to, and thereupon,
Resolved, That it is the opinion of this convention, that the council of safety of this province, upon the subject of the late intercepted letters to governor Eden, duly and properly exercised the powers delegated to them.
Resolved, That it is the opinion of this convention, that upon the evidence before them of the correspondence which his excellency governor Eden has, from to time, held with administration, it does not appear that such correspondence has been with an unfriendly intent, or calculated to countenance any hostile measures against America.
Whereas, by a late intercepted letter from lord George Germain, one of the secretaries of state, to his excellency the governor, it appears that a great armament of land and sea forces were in readiness to proceed to the southward, in his lordships's expressions, "in order to attempt the restoration of legal government in that part of America," but in effect to invade and subdue the southern colonies; which armament was to proceed in the first place to North Carolina, and from thence either to South Carolina or Virginia, as circumstances of greater or less advantage should point out; if to the latter, it might have very important consequences to this province; and therefore in the said letter his excellency is called on well to consider of every means, by which he may, in conjunction with lord Dunmore, give facility and assistance to the operations of the said armament. And whereas, the governor must, if he re
mains in the exercise of the powers of government, fulfil and execute the instructions of administration, or hazard the displeasure of the king, which it cannot be expected he will do.—And whereas by act of assembly of this province, the powers of government, in the absence of the governor, devolve upon the president of the council, and therefore the governor's departure cannot occasion a dissolution or suspenson of the present established form of government within this province, which this convention doth not think ought now to be changed, therefore Resolved, That it be signified to the governor, that the public quiet and safety, in the judgment of this convention, require that he leave this province, and that he is at full liberty to depart peaceably with his effects.
Upon the last resolve, the yeas and nays being required, they were as follow:
FOR THE AFFIRMATIVE.
aff. " Barnes,
aff. 5" Ford,
aff. Harford county. 85 Charles county.
aff. Mr. Hawkins, aff.
aff. " Hooe, neg. Dallam,
aff. "J.H. Harrison, aff. " W. Harrison, aff. Mr. Veazey,
neg. Calvert county.
aff. " Allein,
aff. Queen Anne's county. - Prince George's county.
aff. Mr. Beall,
neg. " Contee,
aff. "Tyler, 1
aff. Anne Arundel county.
neg. Mr. Carroll, barrister,
neg. Frederick county.
aff. Mr. Beatty,
aff. " J. Dashiell,
FOR THE NEGATIVE.
neg. Mr. Goldsborough, neg. Sudler,
neg " Ringgold,
neg. Talbot county.
Caroline county. Mr. Chamberlaine, neg. Mr. Richardson,
aff. 5. Thomas,
neg. 5. Edmondson,
neg Resolved, That a committee of five persons be appointed to wait on the governor and deliver him copies of the said resolutions, together with the following address, to wit :
To his Excellency Robert EDEN, Esq., governor of Maryland. May it please your excellency,
We are commanded by the convention to wait upon your excellency, and to communicate to you the resolutions they have this day entered into; and we are instructed to assure your excellency that the convention entertains a favorable sense of your conduct, relative to the affairs of America, since the unhappy differences have subsisted between Great Britain and the united colonies, as far as the same hath come to their knowledge, and of their real wishes for your return to resume the government of this province, whenever we shall happily be restored to peace and that connexwith Great Britain, the interruption and suspension of which have filled the mind of every good man with the deepest regret. From the disposition your excellency hath manifested to promote the real interests of both countries, the convention is induced to entertain the warmest hopes and expectations, that upon your arrival in England, you will represent the temper and principles of the people of Maryland, with the same candor you have hitherto shewn, and that you will exert your endeavors to promote a reconcilation upon terms that may be secure and honorable both to Great Britain and America.
Mr. President, Mr. Paca, Mr. T. Johnson, Mr. Plater, and Mr. Hollyday, were elected by ballot a committee accordingly.
On reading a second time the report from the committee appointed to examine into the expenditure of the money placed in the hands of Mr. William Lux, as agent for the ship Defence, Resolved, That the same be referred for consideration till the next session of convention.
Adjourned till 3 o'clock.
POST MERIDIEM. Met according to adjournment. Mr. Harrison has leave of ab
It being represented to this convention, that an appeal lately depending in the high court of appeals, between Pellett and others appellants, and Robert Long's lessee appellee, is lately dismissed, because the same could not longer continue, in the absence of the appellant's counsel, who was necessarily attending the public business as a representative in convention ; and because it is fit and proper that equal justice should be done all in any general provision that may be made to aid the proceedings in courts, and prevent the loss of suits which have continued, or may continue from the present disturbed state of affairs, longer than the law allows; it is therefore Resolved, That no execution issue on the original judgment from which the said appeal was granted, or on the said dismissal, until the general state of the suits depending in the courts shall be considered, and remedy provided or refused to be provi. ded to prevent their discontinuance or dismissal because of their too long continuance, and that if any execution hath issued or should issue contrary hereto, the same be not served.
An application from Dr. Charles Alexander Warfield of Anne Arundel county, for the sum of £ 600 to enable him to carry on a salt-petre manufactory, was read and ordered to lie on the table.
Mr. Plater brings in and delivers to Mr. President, a report from the committee appointed to consider of the expediency of exempting the masters and scholars of public and other schools from attending on musters, which was read and ordered to lie on the table.
A memorial from major Thomas Price, on behalf of himself and the officers of the rifle company from this province in the continental service, was read and ordered to lie on the table.
On motion, Resolved, That a court of admiralty be erected, for the purpose of determining upon such captures and seizures of vessels as are or shall be made according to the late resolves of the continental congress upon that subject, and brought into this province.
Resolved, That a committee to consist of five persons be appointed to devise a proper establishment for such court of admiralty; and Mr. T. Johnson, Mr. Paca, Mr. Plater, Mr. J. T. Chase, and Mr. Hooe, were elected by ballot a committee accordingly.
A memorial from the officers of the battalion of regulars stationed at Annapolis, was read a first and second time and referred to the consideration of a committee for that purpose to be elected ;