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Minutes of the North Carolina Provincial Council
North Carolina. Provincial Council
October 18, 1775 - October 22, 1775
Volume 10, Pages 283-294

[From MS. Records in Office of Secretary of State.]
THE JOURNAL OF THE PROCEEDINGS OF THE PPOVINCIAL COUNCIL OF NORTH CAROLINA HELD AT THE COURT-HOUSE IN JOHNSTON COUNTY, THE EIGHTEENTH OF OCTOBER, ANNO DOM. 1775.

North Carolina—

At a Provincial Council held at the Courthouse in the County of Johnston, the eighteenth day of October, in the year of our Lord one thousand seven hundred and seventy-five,

The Provincial Congress having by Resolve nominated the following persons to be a provincial Council, to wit,

For the district of Wilmington—The Honorable Samuel Johnston Esquire, Cornelius Harnett, Samuel Ashe, Esquires.

For the district of Edenton—Thomas Jones, Whitmill Hill, Esqrs.

For the district of New Bern—Abner Nash, James Coor, Esqrs.

For the district of Hillsborough—Thomas Person, John Kinchen, Esqrs.

For the district of Halifax—Willie Jones, Thomas Eaton, Esqrs.

For the district of Salisbury—Samuel Spencer, Waightstill Avery, Esqrs.

Pursuant to which Samuel Johnston, Cornelius Harnett, Samuel Ashe, Thomas Jones, Whitmill Hill, Abner Nash, James Coor, Thos. Person and John Kinchen, Esquires, appeared and subscribed the Test directed by the Congress, and took their seats accordingly.

The Council then proceeded to the choice of a President, when Cornelius Harnett Esquire was Unanimously chosen, and at the same time James Green Junr. appointed Clerk.

Certificates from the Chairman of the Committee of Dobbs County were laid before the Council whereby it appears that Mr.

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Jesse Cobb was elected Captain, William Cobb Lieutenant, and Richard Caswell Junr. Ensign of the first Company of Minute Men; Certified the 23rd day of September last.

Mr George Miller Captain, Mr Benjamin Exum Lieutenant, and David Jernigan Junr. Ensign, of the Second Company of Minute Men, Certified the 28th day of September last.

Mr. John Garland Captain, Mr. William Kilpatrick Lieutenant, and Mr. John Granger Ensign of the third Company of Minute Men certified the 4th day of October instant.

The Council taking the same into Consideration,

Ordered, That Commissions issue immediately to the said Captains, Lieutenants and Ensigns.

The Council adjourned till 4 o'Clock.

The Council met According to Adjournment.

The Counties of Wake and Tryon having failed to Elect delegates agreeable to the Resolution of the late provincial Congress by reason of the Freeholders not receiving timely notice of the day appointed for that purpose,

Resolved, That the first day of November next the Freeholders in Wake County, and on the twenty eighth day of November next the Freeholders in Tryon County shall meet and Elect delegates and Committee men for their respective Counties in the same manner and under the same regulations and restrictions as directed by Resolve of the late Congress.

The Council adjourned till to morrow morning 10 oClock.


Thursday the 19th October 1775.

The Council met according to Adjournment.

Waightstill Avery Esquire one of the Members for the district of Salisbury appeared.

Resolved, That the Treasurers or either of them pay into the hands of Colo William Kennon, Commissary to the first Regiment the Sum of one thousand pounds proclamation money to enable him to purchase provisions for the same, and that they be allowed in their Accounts with the Public.

Resolved that the Treasurers or either of them pay into the hands of Mr. Andrew Knox Commissary for Edenton district the sum of five hundred pounds proclamation money to enable him to purchase Provisions for the troops and that they be allowed in their Accounts with the Public.

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Resolved, That the Treasurers or either of them pay into the hands of Mr Robert Salter Commissary of New Bern district the sum of five hundred pounds proclamation money to enable him to purchase provisions for the troops and that they be allowed in their Accounts with the Public.

Resolved, That the Treasurers or either of them pay into the hands of Mr Robert Lanier Commissary of Salisbury district the sum of five hundred pounds proclamation money to enable him to purchase provisions for the Troops, and that they be allowed in their Accounts with the Public.

Resolved, That Colonel William Kennon be appointed Commissary to the Battalion of Minute Men for the district of Wilmington.

Resolved, That Mr John Coart be appointed Commissary to the Battalion of Minute Men for the district of New Bern.

Resolved, That Mr Andrew Knox be appointed Commissary to the Battalion of Minute Men for the district of Edenton.

The Council adjourned 'till 4 oClock.

The Council met according to Adjournment.

The Council adjourned 'till Tomorrow Morning 10 oClock.


Friday October 20th 1775.

The Council met according to Adjournment.

Samuel Johnston, Esquire, one of the Committee to get proper plates engraved, and to provide paper and agree with an Engraver to Stamp or print the Bills of Credit, and to frame devices for the same, informed the Council that the Committee had employed Mr William Tisdale at New Bern for the above purpose and had agreed to give him one hundred pounds.

Resolved, That the Treasurers or either of them pay to Mr William Tisdale the above sum of One hundred pounds, and that they be allowed in their Accounts with the Public.

At the same time was laid before the Council an Account of the paper and other stationery, provided for the above purpose, amounting to twenty two pounds four shillings.

Resolved, That the Treasures or either of them pay the same out of the Monies in their hands and be allowed in their Accounts with the Public.

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Resolved, That William Kennon, Esquire, be appointed Commissary to the Battalion of Minute Men for the district of Salisbury.

Willie Jones, Esquire, one of the Council for the district of Halifax appeared, subscribed the Test, and took his seat in Council.

Thomas Eaton, Esquire, one of the Council for the district of Halifax appeared, subscribed the Test, and took his seat in Council.

Resolved, That Commissions do issue signed by the President to the Minute and Militia Officers, in the several districts and Counties within this province.

Resolved, That the one thousand Troops raised in this Province on the Continental establishment, be supplied with one Blanket, a Hunting Shirt, Splatter dasher, and Garters, so as not to exceed the sum of Forty Shillings for each Soldier; this Council being of Opinion that the same is absolutely necessary, and was intended by the late Provincial Congress.

The Council being informed, That the Minute Men, directed to be raised in some of the Counties in this province, cannot be enlisted in time to answer the intention of the Congress.

It is therefore, Resolved, That the Field Officers of any district, in which the Counties or any of them have not or cannot speedily raise their Company or Companies by the Congress directed to be raised in such Counties; may appoint suitable persons in any of the other Counties within their respective districts, to enlist Minute Men sufficient to compleat their Battalions, and such Minute Men shall be formed into Companies, choose their Officers, and be subject to the same Rules, Orders and Discipline, and entitled to the same pay as other Minute Men raised in this province.

And whereas it will be impossible for one person to attend the several Counties in some of the districts, and perform the duties of an Adjutant to the Minute Men on account of the great extent of such districts,

Resolved, That the Field Officers and Captains or a Majority of them in any of the districts where they Judge it necessary, shall appoint two Adjutants to the Minute Men of their respective districts, shall direct their duty and apportion their pay so that the same does not exceed the duty or pay of one Adjutant appointed agreeable to the Resolution of the Provincial Congress, and that the Ferriages of the Adjutants in attending the musters shall be paid by the public.

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And also whereas it may be found impracticable at last to compleat the Battalions in some of the Districts,

Resolved, That the Field Officers and Captains in such case shall call together such Minute Men as shall enlist to the place and proceed to training in the manner by Congress directed, and they are directed under these circumstances to proportion the pay of the Adjutant or Adjutants to the Services which he or they are to render.

Resolved, That Mr. Thomas Picket be appointed Ensign in Captain William Picket's Company of the first Regiment in the room of James Childs resigned.

Tilghman Dickson Lieutenant in Henry Dickson's Company of the first regiment in the room of Hezekiah Rice resigned.

John Brown Ensign in Capt Alfred Moore's Company of the first Regiment in the room of John Taylor resigned.

Thomas Standing Ensign in Captain Michael Payne's Company of the second Regiment in the room of Whitmill Pugh resigned.

Joseph McClammy Ensign in Captain Henry Irwin Toole's Company of the second Regiment in the room of Joseph Clinch resigned.

William Gardner Lieutenant in Hardy Murfree's Company of the second Regiment in the room of John Williams resigned.

Joseph Worth Ensign in Captain Hardy Murfree's Company of the second Regiment in the room of William Gardner promoted.

And in case of the death or resignation of Lieutenant John Grange, That Henry Vipon be appointed Lieutenant, and John Sitgreaves Ensign in Captain John White's Company of the second Regiment in the room of Henry Vipon promoted.

Resolved, That John Bryan, Esquire, be appointed Colonel of the Militia for the County of Craven.

Resolved, That Lehansyus Dekeyser be appointed Adjutant in the first Regiment and Ensign in Captain John Walkers's Company in the room of Berryman Turner resigned.

Resolved, That Samuel Johnston Esqr be appointed paymaster of the Troops stationed in the district of Edenton, as also to the Minute Men in the said district; first entering into Bond to this Council with sufficient security in the sum of ten thousand pounds proclamation money.

Resolved that Richard Caswell Esquire be appointed paymaster of the troops stationed in the district of New Bern, as also to the Minute Men in the said district first entering into bond to this Council

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with sufficient security in the sum of ten thousand pounds proclamation money.

Resolved, That Samuel Ashe Esqr be appointed paymaster of the Troops in the district of Wilmington, as also to the Minute Men in the said district, first entering into Bond to this Council with sufficient security in the sum of ten thousand pounds proclamation money.

Resolved that Matthew Locke, Esqr, be appointed paymaster of the Troops stationed in the district of Salisbury, as also to the Minute Men in the said district first entering into Bond to this Council with sufficient security in the sum of ten thousand pounds proclamation money.

Resolved, That the next Congress shall be held at the Town of Halifax, the first day of May next, unless otherwise determined hereafter by this Council.

Resolved, That the next privincial Council shall be held at the Court House in the County of Johnston, the seventeenth day of December next; but that the President may call a Council sooner if he should find it necessary.

Resolved, That Samuel Johnston Esquire be empowered and he is hereby required to send an express to the delegates of this province at Philadelphia, and that the Treasurers or either of them pay him the expences thereof and be allowed in their Accounts with fhe public.

Resolved, That Abner Nash, and James Coor Esquire, or either of them, be empowered to Charter one or more vessels, and agree with Masters and sea men at the port of New Bern, and load the same to such parts as they shall judge expedient, and with such Articles they may think proper; not exceeding the sum of One thousand pounds proclamation money, in order to procure Arms and Ammunition, for the use and Protection of this province, the same to be at the Hazard, risk and expences of this province.

Resolved, That Mr. President, Richard Quince, and John Forster Esquires, or either of them; be impowered to Charter one or more vessels and agree with Masters and Sea men at the port of Wilmington and load the same to such parts as they shall judge expedient, and with such Articles, they may think proper; not exceeding the sum of one thousand pounds proclamation money in order to procure Arms and Ammunition for the use and protection of this

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province, the same to be at the hazard, risk and Expence of this province.

Resolved, That Whitmill Hill, Esquire, be impowered to Charter a vessel, and agree with one or more Masters and Seamen at the port of Edenton, and load the same to such parts as he shall judge expedient and with such Articles as he may think proper, not exceeding the sum of one thousand pounds proclamation money in order to procure Arms and Ammunition for the use and protection of this province, the same to be at the hazard, risk and Expence of this province.

Resolved, That Mr Memucan Hunt be appointed Commissary to the Battalion of Minute Men for the district of Hillsborough.

Resolved, That Nathaniel Rochester, Esquire, be appointed paymaster to the Battalion of Minute Men in the district of Hillsborough; first entering into bond in the sum of five thousand pounds proclamation money.

The Council adjourned 'till Tomorrow morning 10 oClock.


Saturday 21st October 1775.

The Council met according to Adjournment.

Resolved, That in case any Troops should attempt to land in a hostile manner in any part of this province, the Commanding Officers of the two Battalions of the American Army raised in this province, do immediately oppose the same to the utmost of their power.

Resolved, That the President of this Council correspond from time to time with the Councils of Safety within the Colonies of Virginia and South Carolina or with the proper Boards chosen and appointed in those Colonies.

Resolved, That the paymasters now appointed are not to be considered as Military Officers under the Order direction or control of the Commanding Officers of the two Battalions of the American Army raised in this Province, and that their said appointment does not in the Opinion of this Council disqualify them from sitting at the Board, and ought not to disqualify them from sitting in the Provincial Congress in case they should be elected members of the same.

Resolved, That Mr Cullin Edwards be appointed Commissary to the Battalion of Minute Men for the district of Halifax.

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Resolved, That Mr Joseph John Williams be appointed paymaster to the Battalion of Minute Men in the district of Halifax, first entering into bond in the sum of five thousand pounds proclamation money.

Resolved, That Colonel Robert Howe employ proper persons to make Carriages for six of the Cannon Guns now at New Bern, mount and unspike the same for the use of the province; and that Richard Caswell Esquire Treasurer of the Southern district advance a sum sufficient to pay the expences thereof so that the same does not exceed the sum of Fifty pounds proclamation and be allowed in his accounts with the public.

Resolved, That Colo James Moore employ proper persons to make Carriages for six of the Cannon now lying at Wilmington, mount and unspike the same for the use of the province; and that Richard Caswell, Esquire, Treasurer of the Southern district advance a sum sufficient to pay the expences thereof so that the same does not exceed the sum of Fifty pounds proclamation money and be allowed in his Accounts with the public.

Whereas some Counties have through mistake elected Committeemen and delegates previous to the seventeenth day of October, the day by Congress appointed—

Resolved, That it is the Opinion of this Council that such Committees ought to be held legal, and to act in the same manner as if they had been chosen on the proper day; and that the delegates elected as aforesaid ought to be admitted to their seats in Congress: Provided that there was no fraud in the election of such Committees and delegates.

And whereas other Counties for want of the proceedings of the Congress have not yet chosen Committeemen and delegates,

Resolved, That such Counties may hold their Elections of Committeemen and delegates at any time between the seventeenth of October and the first of January next under the rules and restrictions by Congress directed, and that it is the opinion of this Council that such Elections ought to be as valid as if they had been held on the said seventeenth of October.

The Council adjourned 'till 4 oClock.

The Council met according to Adjournment.

Resolved, That Samuel Johnston, Esquire the Northern Treasurer, pay into the hands of Mr Nathaniel Rochester the sum of two thousand one hundred and fifty pounds for the use of the minute

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men, and for the purchase of Drums and colors &ca, in the district of Hillsborough and that a warrant for that purpose issue signed by the President, and that the said Treasurer be allowed in his Accounts with the public.

Resolved, That Samuel Johnston Esquire, the Northern Treasurer, pay into the hands of Mr. Joseph John Williams the sum of two thousand one hundred and fifty pounds for the use of the Minute Men, and for the purchase of Drums, Colours &ca, in the district of Halifax and that a warrant for that purpose issue and be signed by the president, and that the said Treasurer be allowed in his Accounts with the public.

Resolved, That Richard Caswell Esquire, the Southern Treasurer, pay into the hands of Samuel Ashe Esquire, the sum of ten thousand five hundred pounds for the use of the regular Troops and Minute Men and for the purchase of Drums, Colours &ca in the district of Wilmington and that a warrant for that purpose issue, and be signed by the president, and be allowed in his Accounts with the public.

Resolved, That Richard Caswell, Esquire, the Southern Treasurer, pay into the hands of Matthew Locke Esquire the sum of five thousand two hundred and fifty pounds for the use of the regular troops and Minute Men and for Colours Drums &ca in the district of Salisbury and that a warrant for that purpose issue and be signed by the President, and be allowed in his accounts with the public.

Resolved, That Richard Caswell Esquire pay the troops now at New Bern and the Minute Men to be hereafter raised for that district from time to time as the same shall become due and to purchase Drums Colours &ca, and be allowed in his Accounts with the public.

Resolved, That Samuel Johnston Esquire, pay the troops now at Edenton, and the Minute Men to be hereafter raised for that district from time to time as the same shall become due and to purchase Drums, Colours &ca, and be allowed in his accounts with the public.

Resolved, That Mr. Lewis Williamson deliver up to Messrs Cumming, Warwick and Company or their Agents, the Books of Accounts of the said Cumming, Warwick and Company, which he has in his possession.

Resolved, That Richard Caswell Esquire purchase from David Baron of Newbern all the new serviceable Guns, and all the Gun-powder

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he may have for sale at the lowest price they can be had for; and that he deliver them to Colonel Robert Howe for the use of His Regiment who is to account for the same with the next provincial Congress, and that he be allowed in his Accounts with the public.

Resolved, That Commissions be issued to a Captain, Lieutenant and Ensign in the room of Captain John Walker, Lieutenant Robert Smith and Ensign James Cook all of Colo Howes Regiment and who have all resigned or refused to act under their Commissions.

Resolved, That the Captains of the Companies in the regular Regiment shall report to the several Committees of the Town and Counties in the district, where they are stationed the number of men in their Companies who are unarmed, who shall thereupon borrow such Guns as are fit for service, giving Receipts, describing such Guns and the value thereof to their owners, that they may hereafter get them again or the value of them and the said Committees shall take receipts of the Captains for the Guns thus supplied, which receipts shall be transmitted to the provincial Council, and the Captains shall produce such Guns when demanded, pay the value of them, or shew that they have been lost by unavoidable accident to the Public; and that an allowance be made after the rate of ten shillings per Annum for a good smooth bore and twenty shilling for a Rifle, to the owners for the use of their Guns in the case above mentioned.

Resolved, That Richard Caswell, Esquire, Treasurer of the Southern district pay into the hands of Abner Nash and James Coor Esquires or either of them the sum of one thousand pounds for purchasing arms and Ammunition to be accounted for at the next provincial Congress and that the said Treasurer be allowed in his accounts with the public.

Resolved, That Samuel Johnston, Esquire, Treasurer of the Northern district pay into the hands of Whitmill Hill Esquire the sum of one thousand pounds for purchasing Arms and Ammunition to be accounted for at the next provincial Congress; and that the said Treasurer be allowed in his accounts with the public.

Resolved, That Richard Caswell, Esquire, Treasurer of the Southern district pay into the hands of Mr. President Richard Quince Senr. and John Forster Esquires, or either of them the sum of one thousand pounds for purchasing Arms and Ammunition to be accounted for at the next provincial Congress and that the said Treasurer be allowed in his Accounts with the public.

The Council Adjourned 'till 4 oClock Tomorrow Morning.

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October 22d 1775.

The Council met according to Adjournment.

Resolved, That the Sheriff of Johnston County immediately take into his possession all the real and personal estate of John Gresham, unless he gives bond with good and sufficient security in the sum of two hundred and twenty pounds, payable to the Justices of the Inferior Court of Johnston County and their successors; Conditioned that he the said John Gresham shall well and truly settle with the said Court the Accounts of the Estate of Sill Johnston deceased, and pay into the hands of the Guardians to the Orphans of the deceased, all such sums of money which shall be directed by order of the said Court to be paid to the said Guardians; and that the said Sheriff shall keep the said Estate in his hands unless such bonds and security is given until the meeting of Johnston Inferior Court, and then deliver the same up to the Justices of the said Court, that they may make such order concerning the same as to them may seem just, it having on Oath been made appear to this Council, that the said John Gresham, was about to leave the province in a private manner.

Resolved, That Samuel Ashe Esquire pay into the hands of Thomas Eaton Esquire, for the use of Captain William Green, one hundred and twenty pounds to be applied to the enlisting of regular Soldiers, and be allowed in his accounts with the public.

The Council being informed that discontents had taken place, among the people in the County of New Hanover, arising perhaps from mistakes and misrepresentation, and that in consequence thereof they had publicly protested against the proceedings of the late Congress,

Resolved, That this Council do highly disapprove of such Conduct as tending to create divisions which may prove prejudicial to the cause of Liberty, and they do therefore recommend to Mr. President Samuel Ashe and John Ashe Esquires to explain the proceedings of the Congress to the people above mentioned and endeavour by argument and persuation to promote that harmony which is so essential for the preservation of the rights of America.

Whereas the mode by Congress provided for securing debts due from persons suspected of an Intention to abscond is found defective, as no application can be made but in term time or at the sittings of the Committees. Resolved, That the Committees of Safety and County Committees in their respective jurisdictions may make such

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other and further regulations with respect to this point as to them shall appear necessary.

Resolved, That the Colonel of each regular Regiment in this province have power to appoint a Clerk, by warrant under their hands to each Regiment who shall receive the same pay that Clerks upon the Continental establishment receive for their service.

Resolved, That the Committees of the several Counties and Towns, and the Committees of Safety for the several districts of this province be required to exert their utmost influence to forward and hasten the minute service, and procure the several Battalions of Minute Men to be compleated with all possible dispatch; and that the Militia be immediately embodied, and Adjutants employed to instruct them in Military discipline agreeable to the Resolutions of the Provincial Congress; the same being of very great importance to the public safety.

Whereas, it appears to this Council that the great extent of Rowan County is very inconvenient and burthensome for the Militia thereof to Assemble at any one place therein and that a division of the Rowan Regiment would ease the inhabitants and encourage Military discipline, therefore

Resolved, That the Regiment of Militia in the said County of Rowan shall be divided by a Line, Beginning at the Catawba river where Lord Granville's South line crosses the same, thence running up the said river in the middle of the main stream thereof to the mouth of the lower Creek thence a due North course to the dividing Ridge, between the waters of the Catawba and Yadkin rivers, and that all the Militia of said County on the West side of said Line, shall be, and is hereby made and established, a new and distinct Regiment, and shall be known and distinguished by the name of the second Regiment of Rowan Militia.

Resolved, That Commissions issue to the Field Officers of the second Regiment of Rowan Militia.

Resolved, That it be, and is hereby recommended to the Committees of Safety, who have not yet met, to meet in their respective Districts on or before the last Tuesday in November next.

CORNs HARNETT.
By Order. Jas. Green, Junr, Clerk.