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Colonial and State Records of North Carolina
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Minutes of the North Carolina Council of Safety
North Carolina. Council of Safety
July 21, 1776 - August 28, 1776
Volume 10, Pages 682-707

[From MS. Records in Office of Secretary of State.]
JOURNAL OF THE COUNCIL OF SAFETY, BEGUN AND HELD IN THE TOWN OF HALIFAX, 21st JULY, 1776.


Halifax, 21st July, 1776.

Met according to Adjournment.

It appearing to the Council That there is an absolute necessity for placing in the hands of Matthew Lock Esquire a Sum of Money to pay off the Militia in the Salisbury Brigade,

Resolved, That the Treasurers or either of them pay to Matthew Lock Esquire paymaster to the Salisbury Brigade the sum of three thousand pounds to be hereafter accounted for; and that they be allowed in their Accounts with the public.

Resolved, That the Treasurers or either of them pay to Matthew Lock Esquire, paymaster to the Salisbury Brigade a further sum of two thousand pounds to be hereafter accounted for and that they be allowed in their accounts with the Public.

Resolved, That Mr Robert Rowan or Mr Peter Mallet or either of them their Factors Agents or Clerks at Cross Creek do deliver to the Commissaries of the Salisbury district, three hundred Bushels of Salt, such Commissaries first producing an Order from under the hands of Brigadier General Rutherford, before any of the said Salt is delivered to them.

Brigadier General Person one of the Members of the Council of Safety appeared and took his Seat.

Adjourned till Tomorrow Morning 8 oClock.


Monday, July 22d, 1776.

Met according to Adjournment.

The Continental Congress having on the fourth day of July last declared the thirteen United Colonies free and independant States,

Resolved, That the Committees of the respective Towns and Counties in this Colony on receiving the said Declaration, do cause the same to be proclaimed in the most public Manner, in Order that the good people of this Colony may be fully informed thereof.

Adjourned till Tomorrow Morning 8 oClock.

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Tuesday, July 23rd, 1776.

Met according to adjournment.

Resolved, That Brigadier General Person immediately furnish forth five hundred men properly Armed and Accoutred from the Hillsborough Brigade and that Colonel Joseph Taylor have the Command of the same, and that he March with the Troops with all Expedition to the Western Frontiers and join Brigadier General Rutherford.

The Council being informed that William Miller and Andrew Wilson (the former in close Confinement the latter on his parole) in Halifax are dangerous persons to the Liberties of this Country; and it being necessary that they should be immediately separated,

Resolved, That William Miller be sent to the County of Johnston on his parole within three miles of the Courthouse, and that he appear at the house of Mr John Smith once every day. Andrew Wilson to the Town of Hillsborough on his parole within the limits of that Town, and that he appear once every day at the house of Mr William Courtney; and that the Commanding Officer of the County of Halifax see this Resolution faithfully carried into Execution.

Resolved, That William Clarke who was Ordered by the Congress to remove himself to the Town of Nixonton and remain on his parole within the Limits of the said Town, have his parole extended to the County of Pasquotank, and there to remain unless it shall be otherwise Ordered by this Council or the Congress.

The Council received from James Pamplin in three Waggons from Virginia two Tons of Gun powder and one Barrel of Jesuits Bark.

Resolved, That twelve hundred and twenty two Weight of Gun powder be immediately sent off from this place for the district of Salisbury; that two hundred and twenty two weight of which be left at Hillsborough to replace that Quantity sent by Doctr Burke to General Rutherford, the remaining one thousand weight to be forwarded by General Person to the district of Salisbury and that four hundred weight be also sent to Hillsborough for the use of that district to be disposed of as Brigadier General Person may direct.

Adjourned 'till tomorrow morning 8 oClock.


Wednesday, July 24th, 1776.

Met according to adjournment.

Adjourned till Monday morning 8 oClock.

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Thursday, July 25th, 1776.

Met according to adjournment.

Whereas the representatives of the United States of America in Congress assembled at Philadelphia on the fourth day of July last declared the thirteen United Colonies Free and Independent States, and that the good people thereof were absolved from all Allegiance to the British Crown and that the said Declaration renders the Test as directed to be subscribed by the Congress at Halifax improper and Nugatory.

Resolved, That a Test as follows be substituted in lieu thereof and subscribed by the Members of this Board:

We the Subscribers do Solemnly profess testify and declare, that we do absolutely believe that neither the Parliament of Great Britain, nor any Member or constituent branch thereof hath a right to impose Taxes upon these Colonies to regulate the Internal police thereof, and thaf all attempts by fraud or force to establish and exercise such claims and powers are violations of the peace and Security of the people, and ought to be resisted to the utmost, and that the people of this province singly and collectively are bound by the Acts and Resolutions of the Continental and provincial Congresses because in both they are freely represented by persons chosen by themselves, and we do Solemnly and sincerely promise and engage under the Sanction of Virtue honor and the sacred Love of Liberty and our Country, to Maintain and support all and every the Acts, Resolutions and Regulations of the said Continental and provincial Congresses to the utmost of our powers and Abilities. In Testimony whereof we have hereto set our Hands at Halifax, this 24th day of July 1776.

CORNs HARNETT,
WILLIE JONES,
THOs PERSON,
WHITMILL HILL,
THOMAS EATON,
JOHN SIMPSON,
JOS. JNO. WILLIAMS,
THOS. JONES,
JAMES COOR.

Resolved that the Thanks of this Board be given to Brigadier General Ashe and the Officers and Soldiers under his command who so readily and spiritedly assisted in quelling the late unhappy Mutiny among the regular Troops in Wilmington.

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Resolved, That John Hunter Junr be immediately sent to the Town of Martinborough, there to remain on his parole within the Limits of the said Town and that the Commanding Officer of the County of Halifax see this Resolution carried into Execution.

Resolved further, that the said Hunter appear once every day at the House of Mr George Falconer, between the hours of six and twelve o'clock in the Town aforesaid, in default of which (sickness excepted) and in case he shall break the Limits aforesaid Mr George Falconer is hereby required to send the said Hunter immediately to Halifax Gaol.

In order to encourage the importation of Common Salt an Article essentially necessary and greatly wanted in this Colony,

Resolved, That all known Friends to the American Independency will on Application to this Board be permitted to export any kind of Staves or heading, first entering into Bond with sufficient Security to import in return Salt, Arms, Ammunition and other Warlike Stores to the full amount of the Nett proceeds of such Staves and heading.

Whereas it is absolutely necessary to prevent as far as possible all kinds of forestalling and imposition on the Inhabitants of this Colony in the Article of Common Salt,

Resolved, That for the future no retailer of Salt shall be permitted to receive more than twenty five per cent on the prime Cost for any Salt purchased in this Colony, and that the Committees of the respective Counties and Towns, see that this Resolve be strictly observed, and send under Guard to this Board every person who shall presume to take or receive a greater advance than is hereby allowed and permitted for Salt purchased in this Colony as aforesaid.

Adjourned till Tomorrow Morning 8 oClock.


Friday, July 26th, 1776.

Met according to Adjournment.

Whereas, it is necessary that the directions of the Congress respecting Exportation be fully and strictly observed,

Resolved, That the Commissioners of the different ports do receive from the Captains of all Vessels on Oath a Manifest of their Cargo, before they grant any Clearance or permit to leave this Colony, and that the Commanders of the Armed Vessels, the Companies of Militia on the Sea Coasts and of the different Forts in this Colony are hereby impowered and required to stop and detain all Vessels and prevent

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their leaving this Colony until they produce proper Clearances from the Commissioners of the ports of Edenton or Wilmington.

Resolved, That Colonel Folesome deliver to Brigadier General Person one hundred Bushels of Salt from Cross Creek out of the Quantity intended for Granville County.

Resolved, That Robert Neilson Master and Owner of the Brigantine Polly be permitted to Export to some port in Spain and Portugal the following Articles to wit: Sixty thousand pipe Staves, four thousand five hundred hogshead Staves, three thousand weight of Bees Wax and twenty Barrels of Turpentine he having entered into Bond with Security in the sum of five thousand pounds to import into this province the net proceeds of the Staves above mentioned, in Salt, Arms Ammunition and other Warlike Stores.

Adjourned till tomorrow Morning 8 oClock.


Saturday July 27th, 1776.

Met according to Adjournment.

Whereas Robert Neilson Master and Owner of the Brig Polly in the port of Edenton hath agreed to import into this Colony a Quantity of Salt, Arms and Ammunition, and hath given Bond and sufficient Security to perform the same within eight Months from the date hereof,

Resolved, That it be recommended to the Commissioners of the port of Edenton to suffer the said Brig Polly with her Cargo consisting of sixty thousand pipe and four thousand five hundred Hogshead Staves, three thousand weight of Beeswax and twenty Barrels of Turpentine to depart this province for some of the ports belonging to the Kingdom of Portugal or Spain for the purpose aforesaid.

Brigadier General Person one of the Managers of the Iron Works in this Colony produced to the Council their report on the same also a Deed in Trust in behalf of the public and a Bond from Wilcox and England which were approved and Ordered to be filed.

Ordered, That William Turner be immediately committed to Gaol for passing counterfeit money.

Ordered, That Jonathan Carpenter, William Carpenter and Benjamin Carpenter be committed to Gaol till further Orders from this Council, they being strongly suspected of passing Counterfeit Money.

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Resolved, That it be recommended to the Commissioners for superintending the Iron Works in this province to pay to Mr James Mills six pounds fifteen Shillings for his Expences nine days in Attending the Council and making report with respect to the said Works.

Whereas, there appears to have been no paymaster appointed to the Independant Companies on the Sea Coast in this Colony,

Resolved, That Mr John Easton of Carteret County is hereby appointed paymaster to the two Independant Companies Commanded by Capt James Anderson and Captain Enoch Ward in the district of New Berne and that Richard Caswell Esquire Treasurer for the Southern District in this Colony do on Receiving Bond and Security in the sum of five thousand pounds payable to the Honble Samuel Johnston Esquire President and his Successors pay into the Hands of the said John Easton Esquire the sum of one thousand pounds proclamation money for the purposes aforesaid.

Resolved, That Richard Caswell Esquire Treasurer of the Southern District do, on receiving Bond and Security for faithfully accounting for the same, pay into the Hands of Captain James Anderson the sum of two hundred pounds for the purpose of procuring good and sufficient Guns, Drums and Colours for the use of his Independant Company on the Sea Coast in this Colony.

Resolved, That Mr. Richard Cogdell do furnish from the Magazine in New Bern to Capt. James Anderson fifty weight of Gun powder, and one hundred weight of lead for the use of his Independant Company.

Resolved, That Captain James Anderson who commands the Independant Company stationed at Occacock do as soon as possible send an Officer with a sufficient Number of Men under his Command to Cape Hatteras Banks and to remove three pieces of Iron Ordnance over the said Banks to Pamplico Sound and to Transport the cannon from thence to South Key on Black Water and then deliver the same to the Virginia Commissioners appointed by the Convention of that Colony to build and fit out two Gallies for the protection of the trade to Occacock and that all the Expence attending the hiring of carriages &ca will be paid by this Colony.

The Continental Congress having on the fourth day of this Instant July declared the thirteen United Colonies free and Independant States,

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Resolved, That Thursday the first day of August next be set apart for proclaiming the said declaration at the Court House in the Town of Halifax; the freeholders and Inhabitants of the County of Halifax are requested to give their Attendance at the time and place aforesaid.

Ordered, That the Council of Safety leave this Town next Friday week for some Interior part of this Colony.

Adjourned 'till To-morrow Morning 8 oClock.


Sunday, July 28th, 1776.

Met according to Adjournment.

Adjourned till To-morrow Morning 8 oClock.


Monday, July 29th, 1776.

Met according to Adjournment.

Resolved, That Captain Christopher Dudley do immediately deliver out of the Magazine in the Town of Halifax to William Sheppard Esquire Chairman of the Committee of the County of Surry One hundred and fifty pounds of Gun powder for the use of the said County, and take his receipt for the same, and which the said Committee must Account for to the next Congress.

Resolved, That Matthew Lock Esquire, do furnish the Committee of Surry County with five hundred weight of Lead out of the quantity he may receive from the Managers of Chriswell's Mines to be Accounted for to the public by the said Committee.

Whereas by a Resolution of the Continental Congress entered into on the 24th day of June last with respect to Treason, as also one other Resolution entered into on the 26th day of the same Month, giving a Bounty to Non Commissioned Officers and Soldiers who may be willing to enlist into the Continental Service for the Term of three Years, have been transmitted to this Council,

Resolved, That Copies of the same be immediately sent to the respective Counties and Towns in this Colony to be made public.

Stephen Scarborough of Wake County being brought before this Council for passing Counterfeit Money was Examined and Committed to the Halifax Gaol.

Stephen Scarborough having deposed on Oath that he received a Quantity of Counterfeit Money which was found upon him of a certain William Harrel living in Wake County,

Resolved, That John Cook of Bute County be, and is hereby directed to apprehend and bring the said William Harrel immediately

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before this Board; and the said John Cook is hereby impowered to take with him such assistance as he may think necessary to carry this Order into execution.

Resolved also that the said John Cook be and he is hereby directed to Search the said Harrel's house, his Desks, Chests &ca for Counterfeit Money.

The Council taking into consideration the requisition of John Page, President of the Council of State in the Colony of Virginia, of three hundred men to join the Virginia Armament, destined against the Overhill Cherokees,

Resolved, That General Rutherford be and he is hereby directed to Order three hundred Men from the district of Salisbury, to march with all possible Expedition to Stalnackers on Holstein River to act in concert with the Virginia Forces against the Overhill Cherokees.

Adjourned till Tomorrow Morning 8 oClock.


Tuesday, July 30th, 1776.

Met according to adjournment.

Ordered, That Benjamin Sherwood be immediately sent for and brought before this Board to give Testimony against Sundry Persons to be examined respecting Counterfeit Money, and that John Geddy see this Resolve carried into Execution.

The Council being of Opinion that Shadrach Kennebrew, on his examination respecting Persons concerned in making and passing Counterfeit Money has given Testimony of the greatest importance and with great Candour and ingenuity discovered all he knew,

Resolved, That the said Kennebrew for the reasons above mentioned ought not to be prosecuted for the part which he has taken in passing Counterfeits, but that it be recommended to the Congress to Admit him an Evidence for the province against other Offenders.

Resolved, That Lewis Williamson, Annanias Randale, Howel Edmunds, Michael Harris, Benjamin DeBerry, Benjamin Branch, James Sikes and Jacob Kinnehen, be immediately committed to the Gaol of Halifax for further Examination.

Resolved, That the Colo of Dobbs County do take an Inventory of the Estate of Thomas Harrison who has been suspected of being an Enemy to this Colony and that he keep the said Harrison in Custody until he pay the expence of bringing him to this Council and give Security in the Sum of five hundred pounds payable to

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the President of the Congress and his Successors for his future good behaviour,

Resolved, That the Colonel of the County of Dobbs do take an Inventory of the Estate of William Taylor who has been an Enemy to this Colony, and that he keep the said Taylor in Custody until he pay the Expence of bringing him to this Council, and give Security in the Sum of One hundred and fifty pounds, payable to the President of the Congress and his Successors for his future good behavior.

This Council having received Information from the Committee of the County of Surry that Michael Henderson, present Ranger has been guilty of Mal practices in that Office,

Resolved, That Mr John Snead, Major Joseph Winston and Mr Paul Patrick be appointed Rangers in the said County of Surry in the room and stead of the said Michael Henderson.

Adjourned 'till tomorrow morning 8 oClock.


Wednesday, July 31st, 1776.

Met according to Adjournment.

Resolved, That Colonel Joel Lane, Commissioner of the County of Wake be impowered to receive one hundred Bushels of Salt out of that taken by a Court Martial heretofore held at Cross Creek, and the Commissioners or in their Absence Colo Folesome deliver the same and that Colonel Lane distribute the same in the most equitable Manner amongst the Officers and Soldiers who turned out in the late Expedition to Moore's Creek, and that Samuel Smith of Granville County be impowered to receive one hundred Bushels and distribute the same in like manner.

Adjourned till Tomorrow Morning 8 oClock.


Thursday, August 1st, 1776.

Met according to adjournment.

Resolved, That John Gale or William Calvert be appointed to the Command of the Brigantine Betsey, now lying in Edenton Bay and Laden with a cargo of Tobacco on the Continental Account and bound on a Voyage to Europe, and should they both refuse to take the Command of the said Brigantine in that case the Committee of the Town of Edenton be impowered to appoint some person well skilled in the Art of Navigation, and who is a known Friend to the

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American Independency to the Command of the said Brigantine Betsey.

Resolved, That Robert Smith Esquire of Edenton be permitted to Export to any of the French or Neutral Islands in the Sloop Betsey, James Ferguson Master the following Articles, to wit, twenty thousand Hogshead staves and Heading, he having entered into Bond with security in the sum of one thousand pounds to import into this province the Net proceeds of the staves above mentioned in Salt Arms and Ammunition and other warlike stores.

Resolved that Henry Montfort be allowed an additional sum of eighty pounds for four hundred weight of powder imported into this province and sold to Samuel Johnston Esqr for the use of this province; and that the Treasurers or either of them pay him the same and be allowed in their Accounts with the public.

Resolved, That the Sheriff of Halifax County do on receiving a Certificate from Mr Willie Jones or Joseph John Williams that James Lowe now a prisoner in the Gaol of the said County hath given Bond and Security in the sum of one hundred pounds for his future good behavior release and discharge him from the said Gaol.

Resolved, That Thomas Collins now confined to Halifax Town on parole be discharged therefrom on giving Security in the sum of five hundred pounds to the Council for his future good behavior and to this end that he have leave to go home on condition that he appear before this Board in thirty days from this time with his securities or failing thereof return again to Halifax on parole as as before.

Whereas there appears to have been no paymaster appointed to the Independant Companies on the sea coast in this Colony. Resolved, That Colo Samuel Jarvis of Currituck County is hereby appointed paymaster to the Independant Company Commanded by Captain Dennis Dauge in the District of Edenton; and William Wilkinson paymaster to the two Independant Companies, commanded by Captain William Purviance and Captain Selby Harvey, and that the Treasurers or either of them do on receiving Bonds and Security the former in the sum of two thousand five hundred pounds the latter in the sum of five thousand pounds payable to the Honble Samuel Johnston Esquire president and his Successors for the faithful discharge of their Offices pay into the hands of the said Samuel Jarvis the sum of seven hundred and fifty pounds, and into the

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hands of William Wilkinson the sum of one thousand pounds for the purposes aforesaid.

Hezekiah Alexander Esquire one of the Members of this Board appeared.

Resolved that Samuel Jarvis Esquire be appointed Commissioner for the port of Currituck in this province and that he enter into Bond with Security in the sum of five thousand pounds for the faithful discharge of his Office.

Resolved, That Daniel Fisher be immediately brought before this Council to answer such Complaints as may be exhibited against him, and that Mr Chappel Gee be appointed to execute this Resolve.

Adjourned till Tomorrow Morning 8 oClock.


Friday, August 2nd, 1776.

Met according to Adjournment.

Resolved, That Three Waggons now at Whitfield's Ferry on Neuse River be directed by Quarter Master General Long to proceed to Captain Stephen Cobb's on Contentnea Creek and there to receive from said Stephen Cobb a full Load of Bacon and pork belonging to the public, and proceed with the same to Wilmington and deliver it to the said Quarter Master General Long or his Order, and that he do dispose of the said Bacon and pork either to the Commissaries or to private persons as he may judge most for the Benefit of the public.

Resolved, That Mr Charles Bonfield of Edenton deliver out of the public Magazine in that Town, to Captain Dennis Dauge, Twenty-five weight of Gunpowder for the use of his Independant Company on the Sea coast in this province.

Resolved, That John Smith of Halifax County be immediately brought before this Council for passing Counterfeit Money. That Mr Philip Harney and Mr William Harris be summoned to appear as Witnesses at the same time, and that the Commanding Officer of said County see this resolution carried into execution.

Adjourned till Tomorrow Morning 8 oClock.


Saturday, August 3rd, 1776.

Met according to Adjournment.

Whereas it appears to the Council by the Oath of James Williams of the County of Perquimans, that a certain John Pitts did on the Night of the twenty-fifth day of July last past, in a clandestine manner,

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take from this deponent and carry out of the said County of Perquimans the following Negroe Slaves to wit, Abb, Toby, Martin, Sall, as also four horses, being part of the Estate of Joseph Williams deceased, and in order to do justice to the legal representatives of the said Joseph Williams, These are therefore to impower you or either of you to make diligent search within the Limits of this State for the said Negroe Slaves and Horses, and when found take the same into your possession, as also the Body of the said John Pitts and them bring before the Council, and should the said John Pitts make resistance, in that case you must call to your aid sufficient force in order that this Order may be carried into execution.

Whereas this Board anxious to detect all persons concerned in Counterfeiting the Currency of this State and influenced by reports injurious to Mr William Edwards Character and by Misinformation Ordered Mr Edwards to be brought before us for examination; and he was brought and Examined accordingly. We in justice to injured innocence and to prevent that imputation of Guilt which might arise from the Circumstance of Apprehending Mr Edwards do with infinite pleasure declare that after the strictest Scrutiny into his Conduct the Charge was found totally groundless and he was most honourably acquitted.

Resolved, That Brigadier General Person and Mr Joseph John Williams do each of them agree with a proper person for the purpose of Instructing the Inhabitants of Anson County and other the Western parts of this Colony in their duty to Almighty God, and for explaining to them the justice and necessity of the Measures pursued by the United States of America as the only Means under God of supporting and maintaining our Civil and Religious Liberties, and thereby induce the good people of this Colony firmly to Unite in supporting their just rights and Privileges, and that the persons who may be intrusted with the Execution of this important Service, be by the said General Person and Mr Joseph John Williams supplied with the sum of twenty-five pounds each in order to defray their Travelling Expences and that the Treasurers or either of them pay the same and be allowed in their Accounts with the public.

Resolved, That Mr James Mills of Bute County be employed immediately to proceed to the Northern States there to Contract in behalf of this State with one or more persons well skilled in the Art of Casting Pig Iron, Cannon, Cannon Balls and hollow ware and that it

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be recommended to the delegates in Congress for this State to give Mr Mills such aid as may be necessary, by advice and a proper supply of Money.

Resolved, That either of the Treasurers pay into the hands of Brigadier General Person the sum of one thousand pounds for the use of the Commissary who may be appointed to furnish with provisions the detatchments Ordered from the district of Hillsborough to reinforce General Rutherford and that he take Bond and Security from the said Commissary to account with the next Congress for the due Application of the said Sum.

Adjourned 'till Tomorrow Morning 8 oClock.


Sunday, the 4th August, 1776.

Met according to Adjournment.

Adjourned till Tomorrow Morning 8 oClock.


Monday, August 5th, 1776.

Met according to Adjournment.

Resolved, That John Webb of Halifax be permitted to Export to any of the French or Dutch Islands in the Sloop King Fisher James Ducaine Master eighteen thousand Hogshead Staves he having entered into Bond and Security in the sum of two thousand pounds to import into this province the Net proceeds of the Staves above mentioned in Salt, Arms, Ammunition and other Warlike Stores.

Adjourned till Tomorrow Morning 8 oClock.


Tuesday, August 6th, 1776.

Met according to Adjournment.

Resolved, That the Treasurers or either of them pay into the hands of Mr Walter Gibson Commissary to the New Bern and Wilmington Brigades of Militia at Wilmington the sum of one thousand pounds, it appearing to the Council the said Walter Gibson is in Advance that Sum to the public and be allowed the same in the settlement of their Accounts with the public.

The Continental Congress on the fourth day of July last declared the thirteen United Colonies of America Free and Independant States, and as it appears that there is no Committee in the County of Cumberland,

Resolved, That Colonel Ebenezer Folesome and Colonel David Smith or either of them on receiving the said declaration, call a General Meeting of the Inhabitants of the said County, and that

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they or either of them cause the same to be read and proclaimed in the most public manner in order that the good people of this State may be informed thereof and that at the same time the Resolve of the said Congress respecting Treason be published, and that he proclaim the same to the Regiment stationed at Cross Creek.

Resolved, That John Cook be allowed the sum of sixteen pounds for himself, William Wood and Edmund Denson for bringing under guard to this Council a certain William Harrard of Wake County that the Treasurers or either of them pay him the same and be allowed in their Accounts with the Public.

Adjourned till tomorrow morning 8 o'clock.


Wednesday, August 7th, 1776.

Met according to adjournment.

Capt. Hardy owner of the Brig Betsey bound on a voyage to Hamburg on Continental Service having represented to this Board that he himself risques the Vessel against the dangers of Seas and the barratry of the Master and that Gale and Colvert nominated by this Board as proper Persons to take the Command of her are strangers to him and he apprehends unacquainted with those Seas to which she is bound,

Resolved, That the former Resolution respecting this matter so far as it relates to Gale and Colvert be rescinded and that the Committee of Edenton to appoint any known Friend of American Independance to the Command of the said Brig.

Resolved, That the Treasurers or either of them pay unto Mr James Davis the sum of One hundred and twenty five pounds being for half year's salary due him the first day of June last agreeable to an Act of Assembly and be allowed in their Accounts with the public.

Adjourned till tomorrow morning 8 o'clock.


Thursday, August 8th, 1776.

Met according to Adjournment.

Resolved, That the Treasurers or either of them pay into the hands of Captain Thomas Bloodworth the Sum of three hundred pounds to enable him to pay off his Minute Company and that he Account for the same with the next provincial Congress; and be allowed the same in the settlements of their Accounts with the Public.

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Resolved, That Henry Buford be allowed the sum of Forty pounds for six months rent of the North East Bridge from the 18th February, 1776 to the 18th August inclusive for Sundry Troops, Waggons, Horses, &ca., passing and repassing the same and that the Treasurers or either of them pay him the same and be allowed in their Accounts with the public.

Resolved, That Austin Parrat and Michael Henry be discharged from Custody, they first entering into Bond for their personal Appearance at the next Congress, and that Francis Roberts be Committed to Gaol, there to remain 'til further Orders.

Ordered, That Benjamin Branch and Jacob Kennebrew be discharged from Custody, they entering into Bond for their Appearance at the next Congress.

Adjourned till Tomorrow Morning 8 oClock.


Friday, August 9th, 1776.

Met according to Adjournment.

The representatives of the United States of America in General Congress assembled at Philadelphia the 4th day of July, 1776, having determined that the thirteen United Colonies are free and Independant States and in Consequence thereof have published a declaration of Independance.

Resolved that it be recommended to the good people of this now Independant State of North Carolina to pay the greatest attention to the Election to be held on the fifteenth day of October next, of delegates to represent them in Congress, and to have particularly in view this important Consideration. That it will be the Business of the Delegates then Chosen not only to make Laws for the good Government of, but also to form a Constitution for this State, that this last as it is the Corner Stone of all Law, so it ought to be fixed and Permanent, and that according as it is well or ill Ordered it must tend in the first degree to promote the happiness or Misery of the State.

Resolved, Also that it be recommended to the Inhabitants of this State to Elect five delegates, properly qualified for each County to sit and vote in the next Congress as Business of the last importance will come before them.

Whereas the Provincial Council heretofore held at John Smith's on Neuse River did order and direct by Resolve that the Books, papers and Accounts belonging to Anthony Warwick & Company

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in the possession of Lewis Williamson should be delivered to the said Anthony Warwick and Company, and it now appearing to this Council that the Carrying the said Order and Resolution into effect would be injurious to many of the Inhabitants of this State,

Resolved therefore that the said Resolution be rescinded and that the said Lewis Williamson keep in his Possession the said Books and papers til further Orders.

Richard Dunnovan, lately belonging to the Syren man of war, a prisoner on parole in Halifax came before the Council and moved that he might be Naturalized and Admitted to the privileges of a Free Citizen of this State, and to this end declared that he was willing to take an Oath of Allegiance to the States, which being granted and he having taken and subscribed to an Oath for that purpose,

Resolved, therefore that the said Richard Dunnovan be discharged from his parole and that he be henceforward considered as a Member and Free Citizen of this State.

William Miller a prisoner on parole in Halifax but lately of Wilmington came before the Council and moved that he might be admitted to the privileges of a free citizen and to this end declared he was willing to take an Oath of Allegiance to this State, which being granted and he having taken and subscribed to an Oath for that purpose,

Resolved therefore, That the said William Miller be discharged from his parole and that he be henceforward considered as a Member and free citizen of this State.

Adjourned till tomorrow morning 8 oClock.


Saturday, August 10th, 1776.

Met according to Adjournment.

Samuel Ashe Esquire one of the Members of the Council of Safety for the district of Wilmington appeared.

Whereas there is now on hand in the Town of Halifax a large quantity of Beef and Pork purchased by John Webb for the use of the public a great proportion of which for want of due management and care is much damaged and unfit for the use of the Army, and as there is also a considerable quantity of provisions belonging to the public in the Town of Tarborough under the care of Colonel Irwin, part of which is also damaged in Order therefore to prevent the total loss thereof,

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Resolved, That Colonel Nicholas Long be impowered and required to dispose of the said Beef and Pork in the best and most advantageous manner he may think proper either at public or private sale and may if he judge it necessary give three months credit to the purchasers and make return of such sale to the Congress.

Resolved, That Colonel Willis Alston do procure Waggons and Team and a guard of twelve good and trusty men properly Armed with an Officer to command them in order to Transport a quantity of Ammunition, and other Articles from the Town of Halifax to Wilmington.

Adjourned till Tomorrow Morning 8 oClock.


Sunday August 11th, 1776.

Met according to Adjournment.

Adjourned till Tomorrow Morning 8 oClock.


Monday, August 12th, 1776.

Met according to Adjournment.

This Board being informed there is in the County of Halifax on a place called great fishing Creek a lead mine and some of the Ore having been produced and tried from which it appears there is a probability of procuring Lead for the use of this State therefore for employing proper Persons to examine and make a more full discovery of the quality and quantity of the said Ore,

Resolved, That either of the Treasurers pay into the hands of Francis Ward or John Williams the sum of fifty pounds proclamation Money and that they do Account for the due Application of the same to the next Congress.

Resolved, That Colonel Nicholas Long deliver to Francis Ward and John Williams five pounds of gun powder for the use of Blowing rocks in Exploring the Lead Mines on Fishing Creek.

Resolved, That Richard Dunnovan, a prisoner on parole at Halifax, be allowed one pound sixteen Shillings for three Weeks' Board, and that the Treasurers or either of them pay him the same and be allowed in their Accounts with the public.

It appearing to this Board by the Oath of Francis Pitts, wife of John Pitts, that on or about the fourth of this Instant August, that as the said John Pitts was travelling the high road through the County of Halifax he was assaulted and inhumanly beat by a certain James Sweeny and by him robbed of a Horse, One Watch,

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Nine dollars in Bills, one Gold ring, one Trunk, one Dutch Blanket, one Tobacco Box and one Tickler,

Resolved, Therefore that Bottom Stegall be hereby authorized and impowered to take with him such aid and assistance as he may judge necessary to Apprehend the said Sweeny and bring him before this Board or a Committee of the County of Halifax to answer the above charge.

Resolved, That Mr James Williams and Mr Joseph Turner do take into their possession Three Negroes now in the Town of Halifax and one at the Plantation of Mr James Cotton, the property of the Heirs of Mr Joseph Williams, of Perquimans County, deceased, and deliver them into the hands of Colo William Skinner, to be by him secured for the use of the Orphans, agreeable to the Will of the said Williams, until the further Order of Congress.

Adjourned till Tomorrow Morning 8 oClock.


Tuesday, August 13th, 1776.

Met according to Adjournment.

It appearing that Nicholas Long Esquire, Quarter Master General of the Continental Troops, hath advanced Large sums of Money for supplies for the said Troops, as also for Colonel Mulenburg's Virginia Regiment,

Resolved, That the Treasurers or either of them pay into the Hands of Nicholas Long the sum of One thousand pounds to be accounted for by him at the next provincial Congress, and that they be allowed the same in their Accounts with the Public.

It appearing that Henry Giffard, Commissary of the Militia stationed at Cross Creek under the Command of Col. Folesome, hath advanced a large sum of Money for supplies for the said Militia,

Resolved, That the Treasurers or either of them pay into the Hands of the said Henry Giffard the sum of four hundred pounds to be accounted for by him at the next provincial Congress; and be allowed the same in their Accounts with the public.

James Childs of Anson County charged on Oath with practices inimical to the Cause of Liberty was brought before the Council and being Examined declared that he was a preacher of the New light Baptist Persuation, that one of the Tenets of his Church was not to bear Arms, either Offensively or defensively, and that he had preached this doctrine not only in his particular Church, but in all the Churches of his Communion and that he had inculcated it by

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the Terrors of Excommunication, and the said James Childs being required to take an Oath of Allegiance to this State refused,

Resolved, That the aforesaid Doctrine, especially at this Crisis has an evil Tendency; and that James Childs by preaching the same, and by excommunicating such of his followers as did not implicitly subscribe to this doctrine and by refusing to take the Oath of Allegiance deserves to be considered as an Enemy to this State, Therefore that he be sent to the Town of Edenton on his parole within the Limits of the same, not to depart therefrom without permission of this Council or the Congress.

Resolved, That Colonel Ebenezer Folesome take into his possession and keep safe all the Salt which he rendered an Account of to this Board except such as has been otherwise ordered subject to the further Order of this Council.

On application of Mr Wyriot from Georgia,

Resolved, That the Officers from that State be permitted to recruit Soldiers in this State provided they do not enlist any regular Soldiers or Marines already engaged here in the Continental Service or the Services of this State or Indented Servants or Apprentices without first obtaining leave from their Masters; and it is recommended to the several County and Town Committees to afford them all possible Assistance as the Soldiers about to be enlisted are to be on the Continental Establishment.

Resolved, That Thomas Erskine now a prisoner at Halifax be removed to Harrisburg in the County of Granville there to remain on his parole within one Mile of the said Town until further Orders of this Council or the Provincial Congress.

To the Gaoler of Halifax County,

Herewith you will receive the Body of James Sweeny charged on the Oath of Francis Pitts, wife of John Pitts, of having feloniously Stolen from the said John Pitts, one Horse, one Watch, nine dollars in Bills, one Gold ring, one Trunk, one Dutch Blanket, one Tobacco Box, and one Tickler.

John Campbell a Prisoner on parole in Halifax came before the Council and moved that he might be admitted to the privileges of a Free Citizen and to this end declared that he was willing to take an Oath of Allegiance to this State which being granted and he having taken and subscribed to an Oath for that purpose,

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Resolved therefore, that the said John Campbell be discharged from his parole, and that he be henceforward considered as a member and free citizen of this State.

Resolved, That the Treasurers or either of them pay into the hands of Willis Alston Esqr the sum of fifty pounds for the purpose of employing Guards for the Town of Halifax, to be accounted for at the next Congress; and be allowed the same in their Accounts with the public.

Malcom McNeill and Joseph Smith prisoners on parole at Halifax came before this Council and being desirous to take Oath not to take up or bear Arms on any pretence against the Inhabitants of the United States of America nor carry out more than fifty pounds of Gold and Silver equal in value to fifty pounds Carolina currency; and they having subscribed to an Oath for that purpose,

Resolved, That the said Malcom McNeill and Joseph Smith be permitted to leave this State and proceed to any of the French or Neutral Islands in the West Indies and that they have leave from this Board to take Shipping from any port in this State where they can obtain the same.

The Council adjourned to Wake County at the house of Mr Joel Lane.


Wake County, Wednesday, August 21st, 1776.

Met according to adjournment.

The Council proceeded to make choice of a President in the room of Cornelius Harnett Esquire, who has leave of absence, when Saml Ashe Esquire was unanimously chosen and placed in the Chair accordingly.

It being represented to the Council by Capt. John Jones, that he at the request of Richard Blackledge applied to Richard Nassau Stevens of Bath Town for certain kettles to the said Stevens belonging for the purpose of making Salt Boiling that he John Jones agreed to give the price demanded by Stevens but that Stevens refused to take it, unless paid in old Proclamation or Continental Money,

Resolved, That the said John Jones be and he is hereby impowered to apply again to the said Stevens for the Kettles above mentioned, and if he shall refuse to receive payment for the same in dollar Bills of this State, then and in such case to take them unpaid for and refer the same to this Council for remedy.

Adjourned till tomorrow 8 o'clock.

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Thursday August 22d, 1776.

Met according to Adjournment.

The Petition of the Committee of the Settlements of Watauga and Holstein, called by them Washington district, and of the Inhabitants thereof was read, setting forth the manner in which they first settled that country and the nature of their Title, shewing that from the commencement of the present dispute, between Great Britain and the Colonies they have adhered to the Association and Resolutions of the Continental Congress, and promoted as far as they could, the common cause of Liberty; that the said Settlements are within the Bounds of this State and praying that they may be received into and considered as part thereof, The said Petition being considered,

Resolved, That the Council do approve of the conduct of the Committee and Inhabitants of the above mentioned settlements in regard to the present disputes, and that it be and is hereby recommended to the Freemen of the said Settlements to hold a free and impartial Election at some convenient place in the said district on the fifteenth day of October next, then and there to elect five delegates to represent the said district, and that it be recommended to the delegates so elected, to attend at Halifax in this State on the tenth day of November next, then and there to lay their case before the Congress of this State.

Whereas, the Cherokees unprovoked by the Inhabitants of Watauga and Holstein, and Instigated under the Influence of Cameron, Stewart and other Emissaries of the British Government, by the Refusal of the said Inhabitants to join and co-operate with the Enemies of America, have attacked the said Inhabitants of Watauga and Holstein, murdered some of them, ravaged their country, destroyed their crops, and driven off their stocks of cattle and horses and carried off other Effects,

Resolved, That it be recommended to the Gentlemen Officers and Soldiers of the Armaments which have Marched or May March from Virginia and this State against the Cherokees to restore to the Owners on recapture, all such cattle horses and other Effects, sufficient proof being first made of the property.

Christopher Neale Esquire Judge of the Court of Justice for port New Bern exhibited his Account against the Brig William Captain Drew Commander, lately condemned in the said Court whereby it appears there is a Ballance due to the public of One hundred and eight pounds, eighteen shillings and six pence half penny,

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Resolved, That the said Christopher Neale pay the sum of one hundred and eight pounds eighteen Shillings and six pence half penny into the hands of the Southern Treasurer and take his receipt for the same.

Adjourned till Tomorrow Morning 8 oClock.


Friday, August 23rd, 1776.

Met according to adjournment.

Whereas the Council have received Information, That John Cowper of Beaufort County Merchant has at this time by him a large Quantity of Common Salt, which he refuses to dispose of, pretending as it is said that he keeps the same for the use of two of the Independant Companies on the Sea Board.

And Whereas the Numerous Armaments now in the service of this State on the Frontiers are in the greatest Want of Salt, It is therefore,

Resolved, That James Bonner Esquire do immediately call on the said John Cowper, requiring him to deliver upon Oath, an exact Account of the Quantity of Salt he has now in his possession and that the same remain in the care of the said John Cowper for the use of the public, until he receives the further Order of this Board, and that the said James Bonner immediately certify to this Board the exact Quantity of said Salt.

Whereas this Board have had Information that the Cherokees of the lower, middle and valley settlements have abandoned their Towns and that the force already collected under General Rutherford with the three hundred Men marched from Hillsborough district is fully adequate to the protection and Security of the Frontiers,

Resolved, That the Brigadier General of Hillsborough district be directed to Countermand the raising or Marching of the remaining two hundred Ordered from the said district until further Orders from the Council.

Resolved, That Colo Ebenezer Folesome furnish the Commissioners appointed to Manage and Superintend the Iron Works with fifteen Bushels of the public Salt in his possession for the use of the Labourers at said Works.

Whereas sundry persons of the Militia in Hillsborough district, disregarding the resolutions of Congress relative to the militia, and also in contempt of an Order of this Council, lately issued, directing the raising and Marching of five hundred men to the assistance of

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General Rutherford, have failed to attend the Muster in their respective Counties, and when drafted have refused or Neglected to March, and by such conduct incurred the Penalties by the Resolutions of Congress inflicted,

Resolved, That the Colonels in the respective Counties be and they are hereby directed to hold Courts Martial for the Trial of such Delinquents, that they administer the following Oath to the Members thereof, towit: “You Shall Swear well and truely to try and determine, according to your Evidence in the matter now before you, between the Independant State of North Carolina and the prisoner to be tried.” That they enquire into Facts and pass sentence, and return their proceedings to this Board, deferring Execution until further Orders of the Council or the Congress.

Resolved, That Conner Dowd be directed to sell the Salt in his Possession, being about one hundred and ten Bushels, to the Whigs, who bore arms on the late Expedition against the Tories at Moore's Creek, at ten Shillings per Bushel, not selling more than half a Bushel to each man.

Resolved, That Mr Archibald Simpson be directed to sell ten Bushels of his Salt to Henry Giffard, Commissary for the Horse under the Command of Colonel Folesome, at ten Shillings per Bushel.

Adjourned till Tomorrow Morning 8 oClock.


Saturday, August 24th, 1776.

Met according to Adjournment.

Read the Petition of a Number of Inhabitants of Cumberland County complaining of many abuses committed by Colonel Ebenezer Folesome, which was Ordered to be filed, And that notice be given at a future day for hearing of the parties.

Adjourned till Tomorrow Morning 8 oClock.


Sunday, August 25th, 1776.

Met according to Adjournment.

Adjourned till Tomorrow Morning 8 oClock.


Monday, August 26th, 1776.

Met according to Adjournment.

Resolved, That a Copy of the Valuation and Appraisement of sundry Vessels sometime since Sunk to obstruct the Navigation of

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Cape Fear River be Transmitted to Nicholas Long Esquire. That he apply to the Committee of Wilmington for the Inventories therein mentioned, and take into his possession the Masts, Yards, Sails, Rigging, Cables, Anchors, and other Apparel to the said Vessels belonging, and deposit them in the care of one or more trusty person or persons, there to remain subject to the further Orders of the Council or Congress, and that he transmit an Account of his doings herein and an Inventory of the Various Articles, and with whom Lodged, to this Board.

And Whereas the Council are informed That a certain William Campbell, late owner of the Ship Alexander, a Vessel sunk for the purpose above mentioned, refuses to deliver up the Sails &ca to her belonging, detaining them until he shall be allowed for sundry Materials prepared for the repair of the said Ship, Alexander,

Resolved, That Nicholas Long call on said William Campbell for delivery of the Sails and other Articles aforesaid, and on his refusal to deliver them, summon sufficient Aid and take them by force, and proceed to take care of them as above directed.

Resolved, also, That the Committee of Wilmington, be and they are hereby directed to appoint five indifferent persons, to value and appraise the Materials prepared for the repairs of the Ship Alexander, lately belonging to William Campbell, the said Campbell first deposing on Oath that they were actually prepared for that purpose and render an Inventory and Appraisement thereof to next Congress, that they determine of said Campbell's claim for the said Materials.

Resolved, That the Commissioners or Colonel Folesome deliver to Mr James Williams Sixty Bushels of Salt out of that taken at Cross Creek for the use of the County of Chatham, he or they Complying with the resolution of Congress respecting the same.

It appearing on Examination of Major James Moore's Account, rendered to and allowed by the last Congress that there was an Error in extending the pay of fifty two privates in the Minute Service for twenty eight days at one shilling and ten pence three farthings of Twenty six pounds and one penny, it being carried out one hundred and twelve pounds and three pence instead of one hundred and thirty eight pounds and four pence.

Resolved, That the said James Moore be allowed the sum of twenty six pounds and one penny for said Error; That the Treasurers

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or either of them pay him the same and be allowed in their Accounts with the public.

Adjourned till Tomorrow Morning 8 oClock.


Tuesday, August 27th, 1776.

Met according to Adjournment.

William Crawford having applied to this Board for leave to depart this State for the Island of Bermuda,

Resolved, he have leave accordingly.

Adjourned till Tomorrow Morning 8 oClock.


Wednesday, August 28th, 1776.

Met according to Adjournment.

Resolved, That Reneca Julian and James Walker be sent to the Gaol of Halifax, it appearing to this Council that they are both inimical to this State, and that Messrs. William Bell, Richardson Owen and Francis Harper, Commissioners appointed by Congress to take care of the Estates of Prisoners put out of this State from the County of Guilford take an Inventory of the Estate of the said Reneca Julian and to take all the care in their power to prevent Waste and Embezzlement and to make return thereof to next Congress, but at the same time to pay particular attention to his Wife and Children, to see that they do not want the Common necessaries of life and that his Estate shall remain where it was, except Arms and Ammunition under the protection of this Council, until some future Order of this Board or the Congress and that the Cols of Wake County do see the first part of this Resolve carried into Execution.

Jacob Elliot, Abraham Woodward, James Wilson, William Draper, John Underhill and Reneca Julian being brought before this Board from Guilford County as persons inimical to the Cause of America,

Resolved, That the aforesaid Persons by equal Proportions pay to Thomas Jenkins, Captain of the Guard for himself and seven Others the sum of twenty pounds eight Shillings and six pence for their expence in bringing them before this Council.

Resolved, That Thomas Jenkins be allowed the sum of three pounds eight shillings and one penny for himself and Guard bringing to this Board James Walker of Guilford County. That the

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Treasurers or either of them pay him the same and be allowed in their Accounts with the public.

John Hamilton appearing before this Board in behalf of John Hamilton and Company and suggesting that they had been aggrieved by the determination of this Board relative to the Brigantine William directed by the Congress held at Halifax in April last to be seized as British property, and praying an Appeal from the determination of this Board to the next Congress, and that all further proceedings be stayed until the direction of Congress be had thereon,

Resolved, That the said John Hamilton in behalf of the Company, be permitted to appeal to the next Congress and that the said John Hamilton and Company and all other persons, the Officers of the Courts of Justice excepted, who have received any Monies arising from the Sale of the said Brigantine William replace the same in the Hands of Christopher Neale, Esqr until the Resolution of the next Congress.

Resolved, That Messrs Francis Brice and George Merrick be appointed Commissioners for the port of Wilmington in this province and that they enter into Bond with Security in the sum of five thousand pounds for the faithful discharge of his Office.

Resolved, That the Commissioners appointed at the Ports of Edenton, Bath New Bern and Wilmington be impowered to give Permits to Vessels to load with Staves and heading for any of the French, Spanish, Dutch or Danish Islands in the West Indies the owner or owners of such Vessels first giving Bond with good and sufficient Security in the sum of two thousand pounds, which Bond must be payable to the president of this Congress of this State and his Successors that Salt, Arms, Ammunition and other Warlike Stores shall only be imported in return for the Nett proceeds of such Staves and heading, and that no person shall be intitled to this privilege but known Friends to the American Independency.

Resolved, That Mr William Brown be appointed for the port of Bath and that he enter into Bond with Security in the Sum of two thousand pounds for the faithful discharge of his Office which Bond is to be lodged with the President of the Provincial Congress.

The Council adjourned to Salisbury in the County of Rowan.