400 Journal and Correspondence

cannott alter that tis ag^t my disposition to write otherwise
And as I fear you are as much tired of Reading as I am of
Writing and it is now nine oClock I shall bid you good
Night. I am D^r S^r
Your most humble Serv^t
Benjamin Rumsey
N. B. The Militia returning from
Jersey belonging to this State have so
frightened the Common People that none will
inlist it will be just so with our People if the

flying Camp return.

Original

[P. S. Smith to Council.]

October 24^th 1776.
Gentlemen: In July last I received an order from your
Honourable board, directing a Court Martial to be held on
the 15^th of that month for the tryal of Capt. John Mackall and
Levin Miles of Calvert County belonging to the fifteenth
Battalion of Militia. In consequence thereof I called a meeting
of the members on the day appointed, and summoned the
parties to appear with their evidences. A sufficient number
of members attended to hold a court and Capt John Mackall
appeared agreable to summons but not being provided with
his evidences and Levin Mills having been sent express by
Col. Somerville to your Honble board, the Court Martial
adjourned to the Monday following the 22^nd Inst. On that
day I attended at the place appointed, but none of the members
appeared, some of them, I think the greater part together
with Levin Mills being on duty, either at Drum point or at St.
George's Island, watching the motions of Lord Dunmore's fleet.
Thus circumstanced I was at a loss how to act, and 'twas
doubtful with me, whether I had power alone to adjourn to a
future day. If I had 'twas altogether uncertain whether the
members would be at liberty to attend, and our election
coming on the week following, I determined at last to post-
pone any further proceedings thereon for the present, indeed
had a court martial been held and the parties ready for tryal, we
could not have proceeded with propriety, as the charge against
them was not expressed in the order, and Col Mackall had
not furnished me with it. I have since applied to him for the
charge, and his answer was that he had lodged it with the
Council of Safety, signed by Col Somervill and himself where
he referred me.
I then resolved to return the order to your Honble board
with the reason why I had not proceeded, but unluckily had
mislaid it amongst some other papers and could not lay my