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Saturday, May 25, 1776.
Convention met. All Members present as on yesterday, except Mr˙ Ringgold and Mr˙ William Harrlson.
The Proceedings of yesterday were read.
On motion, Resolved, That a Committee be appointed to prepare a Passport for his Excellency Governour Eden, and to draft a Letter to the Committee of Safety of Virginia.
And Mr˙ Paca, Mr˙ T˙ Johnson, and Mr˙ Hollyday, were elected, by ballot, a Committee for that purpose.
Mr˙ Handy appeared in the House.
Mr˙ Ewing has leave of absence.
Mr˙ Hollyday brings in and delivers to Mr˙ President a Report from the Committee to whom the Memorial of the Battalion of Regulars was referred; which was read, and ordered lie on the table.
Mr˙ Paca brings in and delivers to Mr˙ President a Report from the Committee appointed to devise a proper establishment of a Court of Admiralty, for the trial of such Captures and Seizures as may be made pursuant to the late resolves of the Continental Congress on that subject, and brought into any Port or District within this Province;
which was read, and ordered to lie on the table.
A Memorial from Captain George Stricker was read, and ordered to lie on the table.
Mr˙ Turbutt Wright has leave of absence.
The Convention took into their consideration the Report from the Committee appointed to devise a proper establishment for a Court of Admiralty, for the trial of such Captures and Seizures as are or may be made pursuant to the late resolves of the Continental Congress on that subject, and brought into any Port or District within this Province, and thereupon came to the following Resolutions, to wit:
Resolved, That a Court of Admiralty be established for the trial of such captures and seizures, with full power to take cognizance of all libels on account of such captures and seizures, and to proceed to a final determination and decree thereupon; which Court shall consist of a Judge to hear and determine, a Register to record the proceedings, and a Marshal to call the said Court and execute the several processes thereof; the said Judge to be nominated and commissioned by the Convention, or, in the recess thereof, to be nominated and commissioned by the Council of Safety for the time being; and the said Register and Marshal to be nominated and appointed by the Judge of the said Court. The commission of the said Judge, and the nomination and appointment of the said Register and Marshal, to be during the will and pleasure of the Convention for the time being. The process and form of proceeding to be as usual in the Courts of Admiralty; but if either libellant or defendant, on any controverted material fact between them, demand a trial of the said fact by a jury, in such case shall order and direct the Marshal to summon, out of the neighbourhood where the Court is held, a jury of freeholders, to find and say the truth of the said fact on oath; and upon the verdict of the said jury, shall pronounce his decree accordingly; the final determination and decree of the said Judge to be subject to such appeal, and in such manner, as recommended in the resolutions aforesaid of the Congress. The fees for proceedings in this Court to be the same with the fees heretofore allowed the Court of Admiralty by an act passed in 1763, entitled "An act for amending the staple of Tobacco, &c˙;" the said fees to be paid in money at the rate of twelve shillings and
William Hayward, Esq˙, was unanimously elected Judge of the said Court of Admiralty.
The Committee for that purpose appointed, bring in a Passport for his Excellency Governour Eden, and a draft of a Letter to the Committee of Safety of Virginia; which were read, and agreed to.
Adjourned till three o' clock.
Post Meridiem. Met according to adjournment.
Whereas his Britannick Majesty King George has prosecuted, and still prosecutes, a cruel and unjust war against the British Colonies in America, and has acceded to acts of Parliament, declaring the People of the said Colonies in actual rebellion: And whereas the good People of this Province have taken up arms to defend their rights and liberties, and to repel the hostilities carrying on against them, and whilst engaged in such a contest, cannot, with any sincerity or devotion of heart, pray for the success of his Majesty' s arms:
Therefore Resolved, That every Prayer and Petition for the King' s Majesty, in the Book of Common Prayer and administration of the Sacraments, and other rites and ceremonies of the Church, according to the use of the Church of England, except the second Collect for the King, in the Communion service, be henceforth omitted in all Churches and Chapels in this Province, until our unhappy differences are ended.
Committee to prepare a Passport for Governour Eden Court of Admiralty established William Hayward appointed Judge of the Court of Admiralty Passport for Governour Eden reported, and agreed to Prayers for the King in the Book of Common Prayer, to be omitted in all Churches and Chapels in the Province until our unhappy differences are ended
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six pence, common money, per hundred; and the allowances to juries and witnesses to be the same as heretofore made to juries and witnesses in the common-law County Courts of this Province. This Court to be held at such place as the Judge shall think convenient for the trial of such captures and seizures as are or shall be made as aforesaid.