colonel Stricker, and thirty seven pounds ten shillings by major Weltner, and no account appears of the expenditure of those sums: that the sum of eight hundred and sixty dollars was advanced to captain Thomas Beall of the rifle company for Frederick county, and by accounts rendered by himself and officers, the sum of two hundred and fifty-one pounds five shillings has been expended in raising the said company, and that a balance remained in the hands of said officers of seventy-one pounds five shillings, at the time of rendering the said accounts: that the sum of eight hundred and sixty dollars appears to have been advanced to captain Smith of the rifle company for Harford county, and no account appears of the expenditure of the same, but your committee are informed that one hundred and sixty dollars of the said sum has been returned to the council of safety. The committee beg leave to observe, that captains Heiser and Fister in their accounts rendered have charged ten shillings per man for inlisting, and the same sum per man for subsistence of their companies per week: that the accounts rendered by some of the officers of said companies are so confused, and others giving in no account at all, puts it out of the power of the said committee to report so accurate a state of the expenditure of the several sums advanced as they could wish. All which is submitted to the consideration of the honourable house.

"Signed by order,

Ordered to lie on the table.

JOHN STULL, chairman,"

The order of the day that the convention will resolve itself into a committee of the whole, to consider further of the declaration of rights, and form of government of this state, was read, and referred till to morrow.

Convention adjourns till to-morrow morning at 9 o'clock.

TUESDAY, October 29, 1776.

Convention met. All members present as on yesterday, except Mr. Lowes. The proceedings of yesterday were read. Mr. Ridgely and Mr. Fischer appeared in the house.

On motion of Mr. Johnson, Resolved, That the council of safety be empowered to issue warrants to recruiting sergeants, for the inlistment of non-commissioned officers and privates in the continental service, as a part of the eight battalions for this state, agreeable to the resolutions of this convention, and that any freeman enrolled for the flying camp service be permitted to inlist.

On motion, Resolved, That a delagate be elected for Kent county in the room of Mr. Thomas Ringgold, deceased; that the elec tion be held on the 14th day of November next, at Chester town

in said county, by John Page, William Rogers, and William Bordly, Esqrs. or any two or one of them, and that the said election be held and made agreeable to the directions and resolves of the last convention.

Agreeable to the order of the day, the convention resolved itself into a committee of the whole, to consider further of the declaration of rights, and form of government for this state; Mr. T. Wright in the chair. After some time spent therein Mr. President resumed the chair, and Mr. Wright reported, that the committee had, according to order, taken into their consideration the declaration of rights, and form of government for this state, and had come to several resolutions thereon, but not having had time to come to a conclusion, 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 samc. Mr. Bowie and Mr. Hooe have leave of absence for a few days, on account of particular private business.

This convention being informed, that in the constitution or form of government agreed to by the delegates of Virginia, a claim is made by them injurious to the inhabitants of this state, Ordered, That the same be read, and the same was read as follows, to wit: "The territories contained within the charters erecting the colonies of Maryland, Pennsylvania, North and South Carolina, are hereby ceded, released, and forever confirmed to the people of those colonies respectively, with all the rights of property, jurisdiction and government, and all other rights whatsoever, which might at any time hereafter have been claimed by Virginia, except the free navigation and use of the rivers Potowmack and Pocomoke, with the property of the Virginia shores or strands, bordering on either of the said, rivers, and all improvements which have been or shall be made thereon. The western and northern extent of Virginia shall in all other respects stand as fixed by the charter of king James the first, in the year one thousand six hundred and nine, and by the public treaty of peace between the courts of Great Britain and France in the year one thousand seven hundred and sixty three; unless, by an act of legislature, one or more territories shall hereafter be laid off, and governments established westward of the Alleghany mountains. And no purchase of lands shall be made of the Indian natives, but on behalf of the public, by authority of the general assembly."

Resolved, That this convention will on to-morrow resolve itself into a committee of the whole; to take the same into consideration, Convention adjourns till to-morrow morning, 9 o'clock.

WEDNESDAY, October 30, 1776.

Convention met. All members present as on yesterday, except Mr. Bowie and Mr. Hooe. The proceedings of yesterday were read. Mr. J. Smith and Mr. Marbury appeared in the house.

The council of safety having laid before the convention a letter from John Rogers, Esqr., inclosing a resignation of his commission as judge of the court of admiralty, the convention proceeded to appoint another in his stead, and Benjamin Nicholson, Esqr. was appointed.

On motion of Mr. J. Hall, Resolved, That the council of safety be empowered to write to their agents in the foreign West Indies, for such warlike stores or other necessaries as have been heretofore ordered by this convention, to the amount of twenty-five thousand pounds currency, to be paid for in paper money by draughts on the treasury here, instead of exporting country produce to that value, any former order to the contrary notwithstanding; and that the said sum of money be deemed and taken as part of the sixty-five thou sand pounds heretofore appropriated for the purchase of military stores and other articles necessary for the defence and protection of this state.

Adourned till 3 o'clock.

POST MERIDIEM.

Convention met. Mr. Carroll, Mr. Kent, Mr. Bishop, and Mr. Schriver, appeared in the house.

The convention according to the order of the day, resolved itself into a committee of the whole, on that part of the constitution of Virginia which was referred to their consideration; Mr. T. Wright in the chair. After some time spent therein, Mr. President resumed the chair, and Mr. Wright reported, that the committee had, according to order, taken the same into consideration, and had come to several resolutions thereon, which he read in his place and afterwards delivered in at the table, where the same were again twice read, amended, and agreed to as follow:

Resolved unanimously, That it is the opinion of this convention, that the state of Virginia hath not any right or title to any of the territory, bays, rivers, or waters, included in the charter granted by his majesty Charles the first to Cæcilius Calvert, baron of Baltimore.

Resolved unanimously, That it is the opinion of this convention, That the sole and exclusive jurisdiction over the territory, bays, rivers, and waters, included in the said charter, belongs to this state; and that the river Potowmack, and almost the whole of the river Pocomoke, being comprehended in the said charter, the sole and

exclusive jurisdiction over the said river Potowmack, and also over such part of the river Pocomoke as is comprehended in the said charter, belongs to this state; and that the river Potowmack and that part of Chesapeake bay which lies between the capes and the south boundary of this state, and so much thereof as is necessary to the navigation of the rivers Potowmack and Pocomoke, ought to be considered as a common high-way, free for the people of both states, without being subject to any duty, burthens or charge, as hath been heretofore accustomed.

Resolved unanimously, That it is the opinion of this convention, that the very extensive claim of the state of Virginia to the back lands hath no foundation in justice, and that if the same or any like claim is admitted, the freedom of the smaller states and the liberties of America may be thereby greatly endangered; this convention being firmly persuaded, that if the dominion over those lands should be established by the blood and treasure of the United States, such lands ought to be considered as a common stock, to be parcelled out at proper times into convenient, free and independent governments.

Agreeable to the order of the day, the convention resolved itself into a committee of the whole, to consider further of the declaration of rights, and form of government for this state; Mr. T. Wright in the chair. After some time spent therein Mr. President resumed the chair, and Mr. Wright reported, that the committee had, according to order, taken the same into consideration, and had come to several resolutions thereon, which they directed him to report, as the declaration of rights, but not having had time to go through the form of government, 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 form of government of this state.

On motion of Mr. Fitzhugh, That the question be put on the following: "As the bill of rights formerly printed for the consideration of the members of the convention, has been materially altered by a committee of the whole house, and it is of infinite importance to the inhabitants of this state, that the said bill of rights should be maturely considered before it is passed by the convention, and that each member should have a copy before him, in order to judge of, and offer such amendments or alterations as he may think proper, Resolved, That the bill of rights as reported by a committee of the whole house be immediately printed for the consideration and use of the members of this convention, before

the same is taken into consideration."-An amendment was proposed to strike out all that part of the motion before the word "Resolved," on which amendment the question was put, and resolved in the affirmative.

The question was then put, That the bill of rights, as reported by a committee of the whole house, be immediately printed for the consideration and use of the members of this convention, before the same is taken into consideration? Carried in the negative. AFFIRMATIVE.