Proceedings and Resolutions of the Council of War held at Hillsborough Camp the 22d and 23d September 1768.
The Insurgents having petitioned His Excellency the Governor for pardon and desiring to know the terms on which their submission would be accepted—His Excellency being extremely unwell ordered a Council of War to be called consisting of the General and Field Officers of the Army (at which Council all the Gentlemen of the Assembly that were in Town were desired to be present) for their opinion.
The Majority of the Council of War proposed submitting to His Excellency to issue a Proclamation pardoning the People who call themselves Regulators (excepting such of them as may appear to His Excellency to have been Principals in their late Proceedings, to be delivered up to be prosecuted according to Law) on their giving
His Excellency proposed to the Council of War to reconsider of their opinion &c. and proposed to them whether it would be advisable to send Troops to compel the Regulators to submit themselves to Government. The Council of War having reconsidered their former opinion seemed inclined to adhere thereto, only instead of taking bond and security they proposed that the Regulators should be obliged to take the Oath of Allegiance and the same Oath that His Excellency had ordered to be administered to the Troops.
The Time being expired that His Excellency had proposed the Council of War should have given their opinion and His Excellency continuing extremely ill, sent for the Officers and Proposals hereafter inserted, being approved by His Excellency & the Officers, it was ordered that Major General John Ashe, Colonel James Moore, Colonel Osborn, Colonel Harris of Granville and Colonel Harris of Mecklenburg to out to the Insurgents and deliver a copy thereof which was as follows: That the Insurgents deliver up five of their Chiefs to be hereafter named by His Excellency (Inhabitants of Hillsborough District) to be tried by the Laws of their Country, two from the County of Rowan & two from Anson also to be tried by the Laws of this Country. That the whole Body of the Insurgents lay down and deliver up their Arms at the Head of the Army; That they make a General declaration to pay all their Taxes to the Sheriff or his Deputies whenever required.
That upon their complying with the true Requisitions the Governor will issue a Proclamation of Pardon to all the rest of the Insurgents except the nine Persons hereafter to be mentioned by His Excellency to be delivered up, and will return them their Arms after the five Persons to be mentioned in Hillsborough District have stood their Trials and abided by the Sentence of the Court. These requisitions to be complied with in two hours, otherwise to be void.
The two Persons bound in recognizance are not included in the nine above mentioned nor is it intended that the Pardon offered shall extend to them.
The Gentlemen who carried these Proposals returned and acquainted His Excellency that the Insurgents prayed time to consider of Proposals till 6 o'clock the next morning, which His Excellency
Names of the Officers present at the Council of War,
Lieutenant Generals—John Rutherford, Lewis H. DeRossett, John Sampson, Robert Palmer, Benjn Heron, Saml Strudwick.
Major Generals—John Ashe & Thomas Lloyd.
Majors of Brigade—Abner Nash & Robert Howe.
Colonels—Alexander Osborn, Edmund Fanning, Robert Harris, James Sampson, Samuel Spencer, James Moore & Maurice Moore.
Lieutenant Colonels—John Frohock, Moses Alexander, Alexander Lillington, John Gray, Samuel Benton & Robert Schaw.
Majors—Thomas Lloyd, Wm Bullock, Martin Fifer, Walter Lindsay and John Hinton.
List of the Members of Assembly present at the Council of War, vizt,