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Ordered, That the letters of captain Montagu to Robert Eden Esq. of yesterday, and the several letters from the council of safety, of this day, to captain Montagu and Robert Eden, Esq. and their answers, together with the above resolve and order, be immediately published.
Ordered, That the ship Defence and her tender immediately proceed down the Bay, and prevent, as far as possible, any plunder being committed by the captain of the Fowey; but it is the opinion of this convention, that she should not attack the said ship. Convention adjourns till to-morrow morning at 9 o'clock.
TUESDAY, June 25, 1776. Convention met. All members present as on yesterday. The proceedings of yesterday were read. Mr. Rumsey and Mr. Currer appeared in the house.
On motion, Resolved, That a committee be appointed to examine and adjust the several claims on the treasury; and that Mr. Earle, Mr. Contee, Mr. Tolley, Mr. Hooe, and Chamberlaine, be a committee for that purpose.
Ordered, That the debates and proceedings of this convention be public, unless in cases where it shall be otherwise directed.
The convention being informed, that writs of election have been issued in the name of the proprietary, for the election of delegates in assembly, Resolved, That the said writs be not obeyed, and that no election be made in consequence thereof.
Mr. John Courts Jones was appointed assistant clerk to the convention. Ordered, That he qualify himself as such, by taking the oath directed to be taken by the clerk.
On motion, Resolved, That the council of safety contract for the building, fitting out, and equipping, with all expedition, seven row gallies, of such construction and force as they may think most proper, and at the public expense, instead of the seven gondolas directed to be built by resolutions of this convention in the last session thereof.
On motion, Resolved, that the council of safety immediately order detachments of the militia to such convenient posts as may be judged necessary to prevent any communication with the Fowey man of war.
On motion, Resolved, That a committee be appointed to report on the establishment of manufactories; and that Mr. Gilpin, Mr. Earle, Mr. Ewing, Mr. Beall, and Mr. Letherbury, be a committee for that purpose.
A memorial from George Wells of Baltimore town, ship carpenter, was read and ordered to be referred to the committee of claims.
Adjourned till 3 o'clock.
A certificate of the qualification of Mr. Jones was produced and filed.
The convention took into their consideration the report on the resolutions of congress of the third day of this instant, and thereupon came to the following resolutions:
Resolved unanimously, That this province will furnish 3405 of its militia, to form a flying camp, and to act with the militia of Pensylvania and the Delaware government in the middle department; that is to say, from this province to New York inclusive, according to the request of the congress in their resolutions of the 3d day of this instant June.
That for that purpose four battalions be instantly raised, each of them to consist of nine companies, and each company to consist of ninety men, to wit. One captain, two lieutenants, one ensign, four sergeants, four corporals, one drummer, one fifer, and seventysix privates; each of the said battalions to be commanded by one colonel, one lieutenant-colonel, and one major; and that to each battalion there be allowed a quarter master, an adjutant, a surgeon, and two assistants; and that over and above the said battalions, there be also instantly raised one other company, to consist of one captain, three lieutenants, four sergeants, four corporals, one drummer, one fifer, and ninety-six privates; and that the whole of the said militia so to be raised be commanded by a brigadier-general, who shall have the appointment of a brigade-major.
That warrants immediately issue to such persons as shall be appointed by this convention to take the enrollments of the said noncommissioned officers and privates; which enrollments shall be made
up of those who shall voluntarily offer themselves for the said service, and subscribe an enrollment in the following words, to wit. “We the subscribers, do hereby enroll ourselves to serve as militia of Maryland in the middle department, that is to say, from this province to New York inclusive, until the first day of December next, unless sooner discharged by the honourable congress according to the resolutions of the convention of Maryland, held at Annapolis the 21st day of June, 1776."
That the said warrants be in the following form, to wit.
By the convention of Maryland, Juue 25, 1776. You are empowered to enroll
effective freemen, to act as militia of this province in the middle department according to the resolutions of this convention, and the form of enrollment herewith delivered to you; on your doing which, and their passing as effective, you are to be entitled to and shall receive a commission as captain, as first-lieutenant, or second-lieutenant, or ensign, as the case may be, of a company to be composed partly of those
MATTHEW TILGHMAN, president. To of county.
That thirty men be expressed in the warrant to a captain, twenty men in the warrant to each of the lieutenants, and sixteen men in the warrant to the ensign of the said companies.
That all enrollments be returned to the convention or council of safety as soon as filled up, or if not completed by the twentieth day of July at the farthest; and if any of those to whom warrants shall be directed cannot enroll the full number of effective freemen by that day, the convention if sitting will, or the council of safety in the recess of convention shall, issue a commission to the person to whom the warrant shall have been directed, or to any other person as may best promote and forward the service; but a commission shall issue of course in every case where the full number shall be enrolled according to the warrant:
That none of the said militia be compelled to serve out of the said limits, or beyond the said first day of December next, and during the time of their service shall be under the command of the general officer, as such, who shall be appointed by the congress, and shall be subject and liable to the rules and regulations already provided by this convention for the government of the militia when called into actual service, and no other.
That as camp kettles cannot be had, the said militia be supplied with 850 small iron pots or kettles with bales, at the expense of this province, and that they be also furnished with cartouch boxes, and as far as may be, with tenis.
That such of the militia who have effective firelocks use the same; that such of them as have firelocks not effective, but that may be made so by small repairs, have such repairs done at the expense of this province, and use their own firelocks, and those who have not sufficient firelocks be furnished by the council of safety, out of the arms now belonging to, or that shall be procured for the use of the public, and by the committee of observation in the respective county where they enlist, out of the arms in their keeping delivered in by or taken from those who have not subscribed the association,
or have not enrolled in the militia, so far as such arms will extend and the deficiency shall be made up by borrowing the firelocks of such of the militia as will lend on the public faith, which is hereby pledged to return the same in the like order as received, or in case of loss, the value thereof. And all firelocks so lent, shall be valu. ed by to freeholders, and a certificate given to the owner by the officers who enrolled the men supplied therewith, of the recept and value of the same arms.
That all arms so furnished by the council of safety, or committee of observation, or lent as aforesaid, as well as the tents, cartouch boxes, kettles and pots, shall be carefully preserved and returned, and if any shall not be returned from gross negligence, the captain of the company where such negligence shall be suffered, shall be answerable to the public for the loss, and the immediate delinquent to the captain.
That the council of safety in the recess of convention direct the formation of the companies in battalions, and appoint what companies shall compose such battalions.
That for ascertaing the rank of the captains, lieutenants and ensigns of the said companies, commissions shall issue by the convention or council of safety, and be dated of the day such captain, lieutenant, or ensign shall have enrolled the number of men expressed in his warrant; and rank as between officers of equál degree, shall take place according to such date; but where there shall be enrollments completed on the same day by officers of the same degree, the rank shall be settled by ballot between such officers, and the commissions marked accordingly.
That on the issuing of the warrants or granting commissions as aforesaid, there be paid by the treasurer of the shore where such person resides, on producing an order from the council of safety, the sum of £69 15 0 to each captain, £46 10 0 to each lieutenant, and £37 5 0 to every ensign, out of the bills of credit, to be advanced to the non-commissioned officers and privates in part of their wages, at the discretion of the officer, who shall be answerable for, and accountable to this province for the inoney advanced as aforesaid.
That as some of the militia may be under contracts to perform particular services by the year, month, or other time, any such who shall enroll as aforesaid, shall be entitled to their wages for the time they shall have continued in the service of their employer in consequence of such contract, in proportion to the time they shall have served.
That the several companies shall be mustered and passed by
some one of the field officers of the county where such company shall be raised, and the captain shall raturn two copies of his mus. ter roll, certified by the field officer who musters the men, to the council of safety, who shall transmit one of the copies to the congress.
A letter from captain Montagu, of the Fowey ship of war, of this day, to the president of the council of safety, was laid before the convention and read. Thereupon it is ordered, that the president of the council of safety be directed to write a letter to captain Montagu, in the following words, to wit:
In Council of Safety, 25th June, 1776. SIR--By command of the council of safety I enclose you their resolution of yesterday, which expresses the occasion of discontinuing an intercourse with the Fowey, which was wished and expected to have ended more satisfactorily. Any measures that may be attempted for the ostensible cause of stopping the governor's baggage must properly be imputed to your breach of the truce, and will be resented in full proportion to the injury. Convention adjourns till to morrow morning, 9 o'clock.
WEDNESDAY, June 26, 1776. Convention met. All members present as on yesterday. The proceedings of yesterday were read.
Ordered, That the small tender belonging to the Defence bé stationed between Greenbury's and Horn point, one armed boat between Tolley's and Horn point, and one other armed boat between Greenbury's and Hackett's point, to prevent any communication with the Fowey, and that the council of safety carry this order into execution.
A petition from Turbutt Betton of Queen Anne's county, and a representation from Daniel Dulany of Annapolis, were read and ordered to lie on the table.
The proceedings of the committee of observation for Anne Arundel county against William Yeldell, who had refused to sign the association, were laid before the convention and read, and on consideration thereof, Ordered, That the said William Yeldell give bond with such sureties as shall be approved of by the committee of Anne Arundel county, in the penalty of one hundred pounds current money, with condition agreeable to the resolve of the December convention; that he pay the charges of his imprisonment, and on payment and giving bond, be discharged.
William Bishop was brought before the convention on suspicion of having been aiding and assisting in carrying Peter Craufurd and James M.Caskie on board the Fowey man of war, and upon in