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officers desire to have their commissions. That no minute companies be continued beyond the first day of March next, and that a sum of money sufficient for the purpose, be lodged in the hands of the committee of observation in each respective county where a company of minute men hath been enrolled, viewed, and allowed, to pay and discharge the expense of such company for the time past, and also før the time to come, if such company continues till the first day of March next, and that such committee receive the rolls of such companies, and the times of the attendance of the men, proved by the oath of some one at least of the commissioned officers, return the balance of the money, if any, into the public treasury, and render an account of their transactions herein to the next convention; but no person chosen for a commissioned officer in any company of minute men, shall be compellable to serve in the militia in a lower rank or station than he was elected to in the minute company.
That all public arms in the hands of the minute men, immediately after the first day of March next, or as soon as they disband where they disband sooner, be delivered to the committee of observation for their respective county, to be by the said committee kept and preserved for the public use.
That every able bodied effective freeman within this vince, between sixteen and fifty years of age, (clergymen of all denominations, practising physicians, and the household of his excellency the governor, excepted,) who hath not already enrolled himself in the militia, shall, on or before the first day of March next, enroll himself in some company of militia, agreeable to the form of the enrollment prescribed by the last convention, and that every minute or artillery man, except commissioned officers, shall in like manner enroll in the militia, within one month next after he shall cease to act as a minute or artillery man. And if any able bodied effective freeman shall refuse or delay to enroll himself in the militia as aforesaid, every such person shall pay for the present year, which shall be reckoned from the fifteenth day of September last, such sum of money, not less than forty shillings nor more than ten pounds, as shall be assessed by the committee of observation of his county, for the use of the public. And the committee of observation in each respective county shall, by warrant under their hands, appoint and empower any person or persons they shall judge proper, to collect and receive all monies by them so assessed, which shall be paid within one nionth after notice of such assessment, and in default thereof, the person or persons so empowered, may distrain the goods and effects of the defaulters, and sell and dispose of the
same in the same manner that goods may be distrained and sold by law for county levies. And every collector shall, on or before the first day of July next, pay the money by him collected, after deducting seven and an half per cent. for his commission, to the treasurer of his shore, and leave with the same treasurer an account containing the names of those from whom he hath received the same, and the sums from them respectively collected.
That every person who shall refuse and delay to enroll as aforesaid, shall on or before the tenth day of March next, deliver to the committee of observation for his county, all his fire arms, if he hath any, except pistols; and if any such person shall refuse or delay to do the same, then such committee shall empower some person or persons, by warrant under their hands, to seize the said firearms, and deliver the same to the said comunittee; and the said committees shall cause all the arms which shall come to their hands to be valued, by indifferent and honest men on oath, and shall keep a list of such arms, to whom they belong, and their respective values, and may deliver out such arms at their discretion, to the captains of militia in their county, taking the captain's receipt therefor, and the captains being liable for the redelivery thereof, may deliver the same to the unarmed men of their companies; and every committee of observation shall transmit an account of all assessments by them made, as well as of all arms by them received as aforesaid, and how they have disposed of the same, to every convention: but because some persons who do not enroll in the militia may be so poor that they cannot pay the said assessment of forty shillings, and their omitting to enroll may not proceed from disaffection to the cause of America, or perverseness, it is provided, that where the real and personal estate of any effective freeman, who shall refuse or neglect to enroll himself in the militia as aforesaid, shall not, in the judgment and estimation of the committee of his county, be of the value of thirty pounds, the same committee may in their discretion omit to assess any sum of money on such person, the same committee certifying to the convention or council of safety the name of the person, and the reasons wherefore they do not assess him.
That all fines which have been already set and adjudged, according to the resolutions of the last convention, on militia officers or men, and have not been paid, or which shall hereafter be so set and adjudged, shall, if the same be on a field officer, be paid into the hands of the quarter-master of the battalion to which he belongs, and if any officer of inferior rank to a field officer, or on a non-commissioned officer or private, be paid into the hands of such person as
hath or shall have been appointed to receive the fines for the company to which such person belongs, or if no such receiver hath or shall have been appointed, then the same shall be paid into the hands of the captain of such company, and on refusal to pay the same fine, and such refusal being certified to the committee of observation for the county where such person resides, the same committee shall grant a warrant under their hands, empowering any other person or persons of the same county to levy such fine by distress and sale as aforesaid, of the party's goods and effects, but the officers who set and adjudged the same fine may commit the offender to a sergeant according to the resolution of the late convention, if they choose that as the best method to compel payment.
That in cases where it may greatly promote the ease of the inhabitants, a number not less than forty nor exceeding eighty privates, may, with the special permission of the committees of observation, enroll in any one company of militia, but any of those already enrolled in any company, where the privates do not exceed seventy-four, shall not be permitted to leave such company, for the purpose of enrolling in a new one. That in those counties where only part of the militia are appointed to join in battalion, the respective committees of observation form the other companies into battalion, if there are sufficient in number for that purpose, and in those counties where there are not any battalions formed, that the said committees proceed, as soon as may be, to divide their militia into battalions, according to the resolves of the late convention.
That within the general description of able bodied effective free. men of this province, are intended to be included, overseers, and those who are bound by contract made within this province, to serve in any particular quality or capacity, being able bodied effective men, between sixteen and fifty years of age.
That a brigadier-general, a quarter-master, and an adjutant general, be appointed by the convention over every eight battalions, and to include within that command, all artillery companies and other militia within the district.
That the counties ballot for the rank of colonels and battalions from number one to number sixteen, and so the county drawing number one to have its second battalion the seventeenth of the province, &c., and all field and commissioned officers to rank according to their commissions, and as to those who bear the like commissions, according to the number of the battalion to which they belong.
That the companies of each battalion ballot from number one to number eight, and hold their rank the first battalion day according
to the numbers drawn, the second day number two to take the place of number one, and number one the place of number eight, and so on, that equals may each in turn have the most honorable place, and every man may be instructed to act in any part of a battalion, as occasion may require
That to avoid a needless and insupportable expense, no person after the tenth day of May next, wear any uniform at exercise, either in single companies or in battalion, but hunting shirts, the officers distinguishing themselves from the privates by different feathers, cockades, or the like, as fancy may direct. Convention adjourns till to-morrow morning half after 9 o'clock.
FRIDAY, January 5, 1776. Convention met. All menibers present as on yesterday. The proceedings of yesterday were read. Mr. Sluby appeared in the house. Mr. Bishop has leave of absence.
On motion, Resolved, That the several committees of observation purchase the whole of the sulphur in their respective counties, provided it is to be had at six pence per pound, and that they transmit the same, with an account thereof, as soon as may be, to Messrs. William Lux and Daniel Bowly, of Baltimore town; and that the committees of observation be empowered to draw on the treasurer of their respective shore, for as many of the bills of credit of this province as may be wanted; as well for the purposes aforesaid, as for any expenses to be incurred in removing the sulphur to Baltimore town.
Ordered, That the clerk make out and transmit copies of the above resolve to the several committees of observation for each county in this province.
On motion, Resolved, That the several counties in this province be divided into the following districts, to wit: St. Mary's, Charles, Calvert, and Prince George's counties, into one district. Anne Arundel, Baltimore, and Harford counties, into another district. Frederick county into another district. Cecil, Kent, Queen Anue's and Talbot counties, into another district. Dorchester, Caroline, Somerset, and Worcester counties, into another district.
That to each of the said districts or brigades, there be one briga.. dier-general, a quarter-master, and an adjutant.
Adjourned till three o'clock.
Convention met. Mr. J. Dashiell has leave of absence till Mon. day next.
Mr. Scott brings in and delivers to Mr. President a draught of instructions for the deputies representing this province in congress, which was read the first time and ordered to lie on the table.
Convention adjourned till to-morrow morning half after nine o'clock.
SATURDAY, Jauuary 6, 1776. Convention met. All members present as on yesterday. The proceedings of yesterday were read. Mr. John Reeder, jun. a members for Saint Mary's county, appeared and took his seat in the house. Mr. John Allen Thomas has leave of absence.
The convention elected by ballot the following persons field officers for the militia : Mr. Henery Hooper brigadier-general of the lower district on the eastern shore. Mr. James Lloyd Chamberlaine of the upper district. Mr. John Dent of the lower district on the western shore. Mr. Andrew Buchanan of the middle district. Mr. Thomas Johnson, jun. of the upper district.
Resolved, That the said brigadiers-general rank in the following manner, to wit. Brigadier-general Johnson, 1st. Brigadier-general Hooper, 2d. Brigadier-general Dent, 3d. Brigadier-general Chamberlaine, 4th. Brigadier-general Buchanan, 5th.
On motion, Resolved, that the acceptance of a superior office in the militia of this province be a vacation of the inferior office.
For Saint Mary's County. Upper battalion. Mr. Jeremiah Jordan, colonel; Mr. John Reider, jun. lieutenant-colonel; Mr. James Eden, ist major; Mr. John Hanson Briscoe, 2d major; Mr. James Mills, quarter-master. Lower battalion. Mr. Richard Barnes, colonel ; Mr. John Hatton Reed, lieutenant-colonel ; Mr. Ignatius Fenwick, jun. Ist major; Mr. Samuel Abell, sen. 2d major; Mr. Hugh Hopewell, jun. quartermaster.
FOR CHARLES County. Upper battalion. Mr. William Harrison, colonel ; Mr. Samuel Hanson, of Samuel, lieutenant-colonel; Mr. Kenelm Truman Stoddert, Ist major; Mr. Samuel Hanson, jun. 2d ; Mr. Walter Hanson, quarter-master. Lower battalion. Mr. Josias Hawkins colonel; Mr. Robert T. Hooe, lieutenant-colonel; Mr John Marshall, 1st major; Mr. John Harris, 2d; Mr. John Nathan Smoot, quarter-master. Adjourned till 3 o'clock.
POST MERIDIEM. Convention met. Mr. Thomas Wright, Mr. Sim, and Mr. Tyler, have leave of absence. Mr. Letherbury appeared in the house.