Manner of collecting Debts prescribed, Council of Safety

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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 St˙ 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 publick 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 non-residents, 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 lake, 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 satiifaciendum 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 he 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

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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 publick 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 neighbouring 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 neighbouring 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 proper, 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 tha neighbouring 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 publick service may require it.

That every Member of the said Council of Safety, before

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"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, Esquires, of the Western Shore, and James Tilghman, Thomas Smyth, and Thomas Bedingfield Hands, Esquires, of the Eastern Shore, be the said Council of Safety.

That if any person, or persons, elected or appointed to be of the said Council of Safety, shall decline or refuse to act, or shall die before the next Convention, the other Members of the said Council of Safety, (being four at the least,) may elect and appoint one other in the room of each person who shall so decline, or refuse to act, or die, which person, or persons, so elected and appointed, shall take the same oath, and have the same powers and authorities, in conjunction with the other Members, as are given by this Convention to the said Council.

The Journal of Accounts was read and assented to.

Ordered, That the Treasurer of the Western Shore pay the several Claims allowed in the same.

Convention adjourns till to-morrow morning, half after nine o' clock.