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Minutes of the Provincial Congress of North Carolina
North Carolina. Provincial Congress
November 12, 1776 - December 23, 1776
Volume 10, Pages 913-1003

[From MS. Records in Office of Secretary of State.]
THE JOURNAL OF THE PROVINCIAL CONGRESS OF NORTH CAROLINA, HELD AT HALIFAX, NOVEMBER THE TWELFTH DAY, ANNO. DOM. 1776.
State of North Carolina.

At a Congress begun and held at Halifax, in the county of Halifax, the twelfth day of November, in the year of our Lord one thousand seven hundred and seventy-six.

It being certified that the following persons were duly elected and returned for the respective Counties and Towns, to-wit,

For Anson County—Messrs. Thomas Wade, David Love, William Picket, George Davidson, Charles Robertson.

Beaufort—Messrs. John Barrow, Thomas Respis, Thomas Respis, Jr., Francis Jones, Robert Tripp.

Bladen———

Bertie—Messrs. Thomas Pugh, John Johnston, William Gray, Noah Hinton, Zedekiah Stone.

Brunswick—Messrs. Maurice Moore, Cornelius Harnett, Archibald McLean, Lewis Dupree, William Lord.

Bute—Messrs. James Denton, Thomas Eaton, Philemon Hawkins, Benjamin Seawell, Benjamin Ward.

Craven—Messrs. James Coor, William Bryan, John Bryan, Christopher Neale, John Tilghman.

Carteret—Messrs. Solomon Shepard, Brice Williams, William Borden, John Easton, Thomas Chadwick.

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Currituck—Messrs. Samuel Jarvis, James White, Keder Merchant, Hollowell Williams, Thomas Williams.

Chowan—Messrs. James Blount, Thomas Benbury, Thomas Jones, Luke Sumner, Jacob Hunter.

Cumberland———

Chatham—Messrs. Ambrose Ramsey, John Birdsong, Mial Scurlock, Isaiah Hogan, Jeduthan Harper.

Dobbs—Messrs. Richard Caswell, Simon Bright, Abraham Sheppard, Benjamin Exum, Andrew Bass.

Duplin—Messrs. James Kenan, Thomas Gray, William Dickson, William Taylor, James Gillaspie.

Edgecombe—Messrs. William Haywood, Elisha Battle, Jonas Johnston, Isaac Sessums, William Horn.

Granville—Messrs. Thomas Person, Robert Lewis, Memucan Hunt, Thornton Yancey, John Oliver.

Guilford—Messrs. David Caldwell, Joseph Hinds, Ralph Gorrell, Charles Bruce, Isham Browder.

Hyde—Messrs. Joseph Hancock, John Jordan, Benjamin Parmerle, William Russell, Abraham Jones.

Hertford—Messrs. Lawrence Baker, William Murfree, Robert Sumner, Day Ridley, James Wright.

Halifax—Messrs. John Bradford, James Hogan, Willis Alston, Samuel Weldon, Benjamin McCulloch.

Johnston—Messrs. Needham Bryan, Jr., Samuel Smith, Jr, John Stevens, Henry Rains, Alexander Averyt.

Mecklenburg—Messrs. John Pfifer, Robert Erwin, Zacheus Wilson, Hezekiah Alexander, Waightstill Avery.

Martin—Messrs. William Williams, Whitmill Hill, Thomas Hunter, John Hardison, Samuel Smithwick.

New Hanover—Messrs. John Ashe, Samuel Ashe, John Devane, Sampson Moseley, John Hollingsworth.

Northampton—Messrs. Allen Jones, Jeptha Atherton, James Ingram, Howell Edmunds, Robert Peoples.

Onslow—Messrs. John Spicer, Thomas Johnston, Benajah Doty. Edward Starkey, Henry Rhodes.

Orange—Messrs. James Saunders, William Moore, John McCabe, John Atkinson, John Paine.

Perquimans—Messrs. Benjamin Harvey, Miles Harvey, Thomas Harvey, William Hooper, William Skinner.

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Pasquotank—Messrs. Henry Abbot, Devotion Davis, Isaac Gregory, Dempsey Burgess, Lemuel Sawyer.

Pitt—Messrs. Benjamin May, William Robson, James Gorham, George Evans, Edward Salter.

Rowan—Messrs. Griffith Rutherford, Matthew Locke, William Sharpe, James Smith, John Brevard.

Surry—

Tyrrell—Messrs. Peter Wynn, Jeremiah Frazier, Isham Webb, Stephens Lee, Benjamin Blount.

Tryon—Messrs. Joseph Harden, Robert Abernathy, William Graham, William Alston, John Barber.

Wake—Tignal Jones, James Jones, Michael Rogers, John Rice, Britain Fuller.

Town of Bath—Mr William Brown.

Town of Brunswick—Mr Parker Quince.

Town of Campbelton—Mr Thomas Hadley.

Town of Edenton—Mr Joseph Hewes.

Town of Halifax—Mr Willie Jones.

Town of Hillsborough—Mr William Johnston.

Town of Newbern—Mr Abner Nash.

Town of Salisbury—Mr David Nisbet.

Town of Wilmington—Mr William Hooper.

Pursuant to which the following members appeared, to wit:

Messrs. Richard Caswell, William Haywood, Jonas Johnston, Isaac Sessums, William Skinner, Benjamin Harvey, Miles Harvey, William Williams, John Hardison, Ambrose Ramsey, John Birdsong, Mail Scurlock, Thomas Benbury, Luke Sumner, James Blount, Jacob Hunter, Thomas Jones, Robert Sumner, Day Ridley, William Murfre, James Wright, William Bryan, Christopher Neale, John Bryan, John Tilghman, James Denton, Thomas Eaton, Philemon Hawkins, Benj. Ward, Edward Salter, James Gorham, William Robson, Thos. Respis, John Barrow, Thomas Respis, Jr., Francis Jones, Robert Tripp, Allen Jones, James Ingram, Howell Edmunds, Simon Bright, Abraham Sheppard, Benjamin Exum, Willie Jones, Jeremiah Frazier, Isham Webb, Abner Nash, William Dickson, William Taylor, Thomas Gray, Henry Abbot, Isaac Gregory, Dempsey Burgess, Lemuel Sawyer, Devotion Davis, Solomon Sheppard. John Easton, Thomas Chadwick, Noah Hinton, William Gray, Zedekiah Stone, Henry Rhodes, John Spicer, Benajah Doty, Thomas Johnston, Parker Quince, William Lord, Thomas Person, Robert Lewis, Memucan

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Hunt, John Oliver, Samuel Jarvis, Hollowell Williams, Thomas Williams, James White, John Bradford, James Hogan, Benj. McCulloch, Samuel Weldon.

General Jones proposed for President Richard Caswell, Esquire, who was unanimously chosen, and placed in the Chair accordingly.

At the same time James Green, Jr., was appointed Secretary, and Mr James Glasgow Assistant.

On motion, Evan Swann and John Gooding were appointed Doorkeepers during the continuance of this Congress.

The Congress adjourned till To-morrow morning 10 o'clock.


Wednesday, November 13th, 1776.

Met according to adjournment.

Mr Lawrence Baker, one of the Delegates for the County of Hertford; Mr Willis Alston, one of the Delegates for the County of Halifax; Mr. David Caldwell, and Mr Jos. Haynes, two of the Delegates for the County of Guilford, General Ashe, Mr Samuel Ashe, Mr Sampson Mosely, Mr John Devane, and Mr John Hollingsworth, Delegates for the County of New Hanover; Mr Archibald McLaine, and Mr Lewis Dupree, two of the Delegates for the County of Brunswick; Mr William Alston, one of the Delegates for the County of Tryon; Mr Andrew Bass, one of the Delegates for the County of Dobbs; Mr Joseph Hancock, Mr John Jordan, and Mr Abraham Jones, three of the Delegates for the County of Hyde; Mr John Atkinson, Mr John Payne, and Mr William Moore, three of the Delegates for the County of Orange; Mr Elisha Battle, one of the Delegates for the County of Edgecombe; Mr Michael Rogers, Mr Britain Fuller, Mr Tignal Jones, and Mr James Jones, four of the Delegates for the County of Wake; General Rutherford, Mr James Smith, Mr William Sharpe and Mr John Brevard, four of the Delegates for the County of Rowan; Mr Hezekiah Alexander, Mr Robert Irwin and Mr Zacheus Wilson, three of the Delegates for the County of Micklenburg; Mr Thomas Wade one of the Delegates for the County of Anson; and Mr Kedar Merchant, one the Delegates for the County of Currituck, appeared, subscribed the Test, and took their seats in Congress.

His Honor the President laid before the House a Letter from the President of the Continental Congress, enclosing sundry Resolves, which were read, and ordered to be filed.

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Resolved, That Mr Thomas Respis Junr, Mr Zedekiah Stone, Mr Lord, Mr Denton, Mr Neale, Mr Solomon Sheppard, Mr Jarvis, Mr Luke Sumner, Mr Scurlock, Mr Abraham Sheppard, Mr Thomas Gray, Mr Haywood, Mr Hunt, Mr Haynes, Mr Hancock, Mr Murfree, Mr Hogan, Mr Hardison, General Ashe, Mr Ingram, Mr Rhodes, Mr William Moore, Mr Skinner, Mr Gregory, Mr Gorham, Mr Sharpe, Mr Frazier, and Mr Willis Alston, be a Committee to inquire what number of Troops may probably be raised in the different Counties in this State, and make Report to the House.

It being moved and seconded that all Questions for the future should be determined by Voice, instead of Counties and Towns, and it being objected to, the Question was put and carried in the affirmative, to wit,

By Counties and Towns: Beaufort, Brunswick, Carteret, Chowan, Hyde, Perquimons, Pasquotank, Pitt, Town of Brunswick, Town of Newbern

By Voice: Bute, Craven, Currituck, Chatham, Dobbs, Duplin, Edgecomb, Granville, Guilford, Halifax, Martin, New Hanover, Northampton, Onslow, Orange, Bertie, Tryon, Town of Halifax.

On motion Resolved, That Mr Haywood, Mr Abbot, Mr Thomas Jones, Mr Miles Harvey, Mr Willie Jones, Mr Benbury, Mr Jarvis, Mr Luke Sumner, Mr Edmunds, Mr McCulloch, General Person, and Mr Neale, be a Committee of Privileges and Elections; and that they have Power to send for Persons, Papers and Records, as the case may require, and make report to this Congress.

Read the petition of a number of the Inhabitants of Orange Complaining of an undue Election in the said County, praying Relief.

Ordered the same be referred to the Committee of Privileges and Elections.

Read the petition of a Number of the Inhabitants of Guilford County complaining of an undue Election in said County, praying Relief.

Ordered the same be referred to the Committee of Privileges and Elections.

On the petition of George Micklejohn, now on Parole in the County of Perquimons, praying Leave to be heard in Congress,

Resolved, That the said George Micklejohn, be permitted to repair to this Congress, pursuant to the Prayer of his said Petition.

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Resolved, That Mr Willie Jones, Mr Nash, Mr Ingram, General Person, Mr Alexander, Mr Thomas Jones, Mr Neale, Mr James Blount, Mr Jonas Johnston, Mr Samuel Ashe, Mr Maclaine, Mr Robert Sumner, and General Jones, be a Committee of Inquiry.

On the Petition of Solomon Mercer, Henry Pope, Benjamin Ivey, Solomon Mercer, Jr., Charles Baker, Malcom Brice, Gilbert Cox, William Chaviss, Isaac Sterling, Miles Barfield, Benjamin Harper, Murrel Bath and Christopher Mercer, confined in Newbern Gaol for Misdemeanors,

Ordered that the said Petitioners be brought before this Congress, and that the Commanding Officer of the regular Soldiers now at Newbern, be directed to send them under a sufficient Guard to Halifax.

Resolved, That Mr President, General Person, General Jones, General Ashe, Mr Nash, Mr W. Jones, Mr Thomas Jones, Mr Bright, Mr Neale, Mr Samuel Ashe, Mr Haywood, General Rutherford, Mr Abbot, Mr Luke Sumner, Mr Thomas Respis, Junr, Mr Maclaine Mr Hogan, and Mr Alexander, be a Committee to form, and lay before this House, a Bill of Rights, and Form of a Constitution for the Government of this State.

Ordered, That Mr Edmunds be added to the Committee of Inquiry.

Read the Memorial of a Number of the Free holders of the Town of Hillsborough, complaining of an undue Election for the said Town.

Ordered the same be referred to the Committee of Privileges and Elections.

The Congress adjourned till To-morrow Morning 10 o'Clock.


Thursday, November 14th, 1776.

Met according to adjournment.

Ordered, That Lawrence Baker have Leave to absent himself from the Service of the House.

Mr Needham Bryan and Mr Henry Rains, two of the members for the County of Johnston; Mr Cornelius Harnett, one of the members for the County of Brunswick; Mr James Gillespie, one of the members for the County of Duplin; and Mr James Picket, one of the members for the County of Anson, appeared, subscribed the Test, and took their Seats in Congress.

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Mr Joseph Hewes, the member for the Town of Edenton, and Mr William Horn, one of the members for the County of Edgecomb, appeared.

Resolved, That Mr Benjamin Harvey, Mr Hunt, Mr Irwin, Mr Sawyer, Mr Rhodes, Mr Abraham Sheppard, Mr Skinner, Mr Tignal Jones, and Mr Wade, be a Committee to settle and allow the Public Claims.

Resolved, That Mr Hewes, General Rutherford, Mr Nash, Mr Sharpe, Mr Alexander, Mr Luke Sumner, General Ashe, Mr Ward, Mr Haywood, Mr Harnett, Mr Willie Jones, Mr Benjamin Harvey, Mr Hinds, General Person, and Mr Samuel Ashe, be a Committee to take into Consideration the Expediency of raising and continuing in Service Companies of Rangers, for the Protection and Defence of the Frontiers of this State.

On the Petition of James Childs, praying to be enlarged from his Parole in the Town of Edenton,

Ordered, That the said James Childs be directed to appear before this Congress as speedily as possible.

Ordered, That Mr Hewes, Mr Harnett, Mr Sharpe, and Mr Spicer, be added to the Committee to form, and lay before this House, a Bill of Rights and Form of a Constitution for the Government of this State.

Ordered, Mr Thomas Johnston, Mr Irwin, Mr Rogers, General Rutherford, Mr Brevard, Mr Harnett, and Mr Hewes, be added to the Committee of Privileges and Elections.

Mr Thomas Hadley, the member for the Town of Campbelton, and Mr Benjamin Seawell, one of the members for the County of Bute, appeared.

Read the Petition of Jacob Elliott, Abraham Woodward, and John Underhill, charged with Misdemeanors, praying to be heard,

Ordered to be referred to the Committee of Inquiry.

The Congress adjourned till To-morrow Morning 10 o'clock.


Friday, November 15th, 1776.

Met according to adjournment.

Mr David Nisbet, the member for the Town of Salisbury; Mr Waightstill A very, one of the members for the County of Mecklenburg; Mr Samuel Smithwick, for the County of Martin; Mr Benjamin Parmerle, one of the members for the County of Hyde; and

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Mr Peter Wynn, one of the members for the County of Tyrrell, appeared.

General Jones, Chairman from the Committee of Inquiry, reported that the Committee had taken under Consideration the Petition of Jacob Elliott, Abraham Woodward, and John Underhill, as referred by the Congress, and are of the Opinion that they might be discharged, on taking an Affirmation of Fidelity to the State.

The House taking the same into Consideration,

Resolved, That the said Jacob Elliot, Abraham Woodward, and John Underhill, be discharged on taking the following affirmation, to wit:

“I, A B, do solemnly and sincerely declare and affirm, that I will bear true allegiance to the independent State of North Carolina and to the Powers and Authorities which may be established for the good Government thereof.”

Resolved, That the Treasurers, or either of them, pay into the Hands of Capt. Benjamin Williams, of the second Regiment of Continental Troops, the sum of £400 for the special purpose of recruiting soldiers in this State, and that the said Treasurers be allowed in their Accounts with the Public.

On motion, Ordered, That sundry horses, and a Chariot the property of the late Governor Martin, be sold for ready money on Monday next at 4 o'clock in the afternoon, in the Town of Halifax, and that the Proceeds of Sale be paid into the Treasury of this Province to be applied as this Convention, or any future Convention or Assembly shall direct.

It appearing that Mr James Jones, who was elected one of the Delegates for the County of Wake was at the time of his election an Officer in the Army in the service of the United States of America, and therefore disqualified to sit and vote in Congress, pursuant to a former Resolve,

Resolved, That the Freeholders and Householders in the county of Wake meet at the Court House in said county on the 28th Instant, then and there to elect a delegate to sit and vote in this present Congress, instead of Mr James Jones, whose seat was vacated by his holding an Appointment as an Officer in the Continental Service at the time of his election, and that the candidates, or a majority of them, shall appoint a Clerk and Inspectors to take the Poll, and make Return thereof that Mr John Humphries, Clerk of the late Committee of said County, advertise the said election.

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Resolved, That the Executors or Administrators of Captain William Knox, of the second Regiment of Continental Forces, pay into into the hands of the Paymaster all the monies which William Knox received from said Paymaster for the purpose of raising Recruits, which at the time of his death remained in his hands unapplied.

On motion, Resolved, That Mr Avery, Mr Eaton, Mr Birdsong and Mr Irwin, be added to the Committee to form a Constitution, &c.

The Chairman of the Committee of Privileges and Elections reported as follows, to wit: The Petition of Part of the Inhabitants of Guilford County being read, your Committee proceeded to examine into Facts relative to the Election for the said County, held the 15th of October last.

It appears to your Committee that the Committee of said County, before the Poll was opened, appointed Robert Lindsay, Alexander Caldwell and Anthony Sharpe, Clerks to the said Poll; which clerks have returned the sitting members as duly elected, on their Oaths, before the Chairman, Mr Samuel Bell, who has also certified the Election to be fair.

It appears to your Committee, by the Oath of William Bethell, that Joseph Tate and Col. Peasley's Father were Inspectors or Managers of said Election, and that Col. Peasley, who was a Candidate, declared that he came there to oppose Capt. Williams, who supports the Petition to us referred by the House; that Col. Peasley used Threats, with a whip clubbed in his Hand, and by getting on the Clerks' Table, did, as the said Bethell believes, drive back, or prevent some Votes in Favour of Capt. Williams, but that he did not know but that they might vote after, and that the said Evidence conceives the Election for the County of Guilford to be very unfair.

It appears also to your Committee, by the Testimony of Landren Harris, that on the Day of Election there appeared two Parties, the one in Favour of the sitting Members, the other in Favour of Capt. Williams. That the Party against Capt. Williams signed a List, which was delivered to a Cryer, who received their votes according to the List (except some few, who pressed in, and by curses forced their way to vote for Capt. Williams). That Capt. Williams produced also late in the afternoon a List of his Friends, and desired the Cryer to call them and let them vote, but was refused; and it was then agreed by the Managers that the People should vote promiscuously

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as they came in, without being called, which Agreement was made against Capt. Williams' consent.

It further appears to your Committee, that the Petition to us referred, and supported by Capt. Williams, was subscribed in part by Capt. Williams, with the assent of such Petitioners; and that upon the said Capt. Williams being told that such Proceedings would have a bad face of appearance, he, Williams, replied to the Evidence sworn before your Committee, that he wrote very like the Persons themselves, and that in many other Parts of the Subscription to the said Petition it appears that a Number of Names were subscribed by one and the same handwriting. That Capt. Williams had endeavoured to have an undue Influence before the Election on the Electors, by attending at different meetings of the People, and giving Treats to the amount of 20 or 30s.

It also appears to your Committee that no undue Influence was, before or at the Day of Election, made use of by the members returned, but that in every respect they conducted themselves orderly, and that during the Election there was no Riot or disorderly Behaviour in the Electors, and that the Poll was kept open till late at night.

Your Committee further report, by the Testimony of Mr Bethell, that a certain Charles Gilly (who was a householder, but had removed his Family to his Fathers, when he went on the Expedition against the Indians under General Rutherford) was refused his vote by the managers, because he had not removed his Family Home again; and also that several others were refused their votes because they had not been householders six months.

Therefore your committee are of opinion that the members returned are duly elected, and that the Petition should be rejected, all of which is humbly submitted to the consideration of the Congress.

Wm HAYWOOD, Chair.

The House taking the said Report into consideration, concurred therewith.

The Congress adjourned till tomorrow morning 10 o'clock.


Saturday, November 16th, 1776.

Met according to adjournment.

Mr John Rice one of the Members for the County of Wake appeared.

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Resolved, That Mr Harnett, General Ashe, Mr Edward Salter, Mr Skinner, Mr Neale, Mr Burgess, Mr Benbury, Mr Easton, and Mr Haywood, be a Committee of Ways and Means to supply this State with the article of Salt.

Resolved, That the Freeholders in the County of Currituck meet at the Court House in said County on the 28th Instant then and there to elect a Delegate to sit and vote in this present Congress, in stead of Samuel Jarvis, whose seat is vacated by his holding an appointment on the Provincial Establishment at the time of his election; and that the candidates or a majority of them, shall appoint a Clerk and Inspectors to take the Poll, and make Return thereof; and that Mr John Stanly, Clerk of the late Committee of said County, advertise the said Election.

Read the Petition of Asa Tiner, complaining of great Injuries done him by John Huff and a certain Hunt, praying to be relieved, &c.

Ordered, The same be referred to the Committee of Inquiry.

Mr Edward Starkey, one of the members for the County of Onslow, and Mr Brice Williams, one of the members for the County of Carteret, appeared.

Ordered, That Mr Avery be added to the Committee for considering the raising, and continuing in service Companies of Rangers, for the Protection and Defence of the Frontiers of this State.

Mr President laid before the House a Letter from Col. Nash, of the first Regiment, respecting Lead and Prisoners.

Ordered, To lie for consideration.

Ordered, That the Quarter master receive into his Possession the Packages and clothes &c, sent from Philadelphia for the use of the army, and pay the Waggoners the Ballance of their Wages for driving four Waggons to Halifax.

Ordered, That the Horses now come from Philadelphia in Waggons, with Packages and clothes for the use of the Army, be sold on Monday next, and that the Quarter master take charge of said Horses till that day.

Ordered, That General Person and Mr Sharpe be added to the Committee on Claims.

Ordered, That Mr Avery be added to the Committee to take into consideration the Expediency of raising and continuing in Service, Companies of Rangers, for the Protection and Defence of the Frontiers of this State.

The Congress Adjourned till Monday Morning 10 o'clock.

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Monday, November 18th, 1776.

Met according to Adjournment.

Mr William Brown, the Member from Bath Town; Mr John Stevens and Mr Alexander Averyt, two of the members for the County of Johnston; Mr William Graham, Mr Joseph Hardin, Mr Robert Abernathy, and Mr John Barber, four of the members for the County of Tryon; Mr Asiah Hogan, one of the members for the county of Chatham, and Mr James Kenan, one of the members for the county of Duplin, appeared, subscribed the Test, and took their seats in Congress. Mr Whitmill Hill, one of the members for the county of Martin, appeared.

Mr President laid before the House a Letter from the Hon. John Rutledge, Esquire, President of South Carolina, soliciting aid of men from this for the Defence of that State.

On motion, Resolved, That General Jones, General Ashe, Mr Maclaine, Mr. Harnett, General Person, General Rutherford, Mr Hewes, Mr Nash, and Mr Whitmill Hill, be a Committee to take into consideration the aid of men solicited by South Carolina from this State, and make Report thereon To-morrow morning.

Ordered, That the Paymaster of the Continental Troops of this Province be directed to attend this Congress without delay.

Mr President laid before the House a Letter from Hon John Rutledge, Esquire, President of South Carolina, requesting permission for the Officers of that to recruit men in this State.

Ordered, the same be referred to the committee to take into consideration the aid of men solicited by South Carolina from this State.

Ordered, That Mr Whitmill Hill and Mr. Coor be added to the Committee to form a Constitution, &c.

Mr Thomas Robeson, Mr Thomas Owens, Mr Thomas Amis, and Mr James Council, four of the members for the County of Bladen, appeared.

Ordered, That Mr. Hardin be added to the Committee to take into consideration the Expediency of raising, and continuing in service, companies of Rangers, for the Protection and Defence of the Frontiers of this Province.

The Congress adjourned till tomorrow morning 10 o'clock.


Tuesday, November 19th, 1776.

Met according to adjournment.

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Mr Thomas Hunter, one of the members for Martin County; Mr James Saunders, one of the members for Orange County; Mr George Evans and Mr Benjamin May, two of the members for the county of Pitt; Mr Robert Rowan, Mr Philip Alston, Mr William Rand, and Mr Robert Cobb, four of the members for Cumberland County, appeared and took their seats.

Resolved, That John Bradford and Philemon Hawkins, for the District of Halifax; Luke Sumner and Robert Sumner for the District of Edenton; James Coor and Edward Salter, for the District of Newbern; Archibald Maclaine and Samuel Ashe, for the District of Wilmington; General Person and John Atkinson, for the District of Hillsborough; Robert Lanier and David Nesbit, for the District of Salisbury, and Mr Joseph Hewes, for the State, be a Committee to settle the civil accounts of this State.

Mr President laid before the House several Letters from William Hooper, Esquire, inclosing sundry Resolutions of the Continental Congress, and a Petition from a number of Prisoners sent from this State, confined in Philadelphia Gaol.

Ordered, The said Letters, Resolutions and Petition lie for consideration till Thursday next.

Read the Petition of John King, of Onslow County, praying to be heard, and reinstated Captain in the Independent Company, stationed at Deep Inlet, &c.

Ordered, The said Petition be referred to a Committee to consist of five Members viz.: Mr Hewes, Mr Maclaine, General Jones, General Person and Mr Nash.

Read the Petition of some of the Freeholders of Bertie County, complaining of an undue Election in said County, praying to be relieved, &c.

Ordered, The said Petition be referred to the Committee of Privileges and Elections.

Ordered, That the Deputy Quartermaster General send to Head-quarters the Packages and Clothing now sent from Philadelphia to this State, and deliver the same to the Commissary of Stores.

Ordered, That Mr Willie Jones pay into the Hands of the Treasurer £1000 which he received from the Treasurer on account of a Treaty with the Southern Indians.

Ordered, That Mr Horn be added to the Committee of Inquiry.

Mr Willie Jones moved that a Petition, laid before the Council of Safety in August last, from the settlers of Watauga, and District of

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Washington, praying to be annexed to this State, &c., and a Resolution of said Council on that Petition be read. The same being read and debated, it was moved and seconded, that the three Persons, who now attended Congress to represent the settlers in Washington District, might be permitted to subscribe the Test, and take their Seats; it being objected to, the Question was put, and carried in the affirmative, 153 to 1. Whereupon Mr Charles Robeson, Mr John Carter and Mr John Haile, three of the Delegates from Watauga Settlement, and District of Washington, appeared, subscribed the Test, and took their seats in Congress accordingly.

The Congress adjourned till To-morrow morning.


Wednesday, November 20th, 1776.

Met according to Adjournment.

Capt. Joshua Hampstead, commander of the Provincial armed Brig, Pennsylvania Farmer, came to the Bar of the House to answer to a charge exhibited against him from the Town of Newbern; and after reading sundry Depositions, and hearing all the Proofs against him which were offered, and also having heard the said Hampstead in his Defence, it was moved that he should be censured from the Chair. The Question was put, and

Resolved, That Capt. Hampstead shall not receive the censure of this House, and that he be dismissed from further attendance thereon.

Resolved, That the Commissary of Stores furnish the Commissioners of the Provincial armed Brig Pennsylvania Farmer, at New Bern, with a sufficient quantity of Duck to make a mainsail for said vessel and that the Commissioners of said vessel furnish her immediately with Provisions, and such other articles as may be necessary, to enable her to proceed immediately upon her intended Cruize.

Resolved, That James Hogan Esquire, be and he is hereby appointed by this House to administer Oaths, during the sitting of Congress.

This House being informed that Col. Henry Irwin, in the settlement of his accounts with the Public last Congress had made sundry erroneous charges therein,

Ordered, that he appear before the Congress the 29th of this Instant, to adjust and explain the same; and that Mr Daniel Southerland, Mr Robert Bignal, Mr Edward Hall and Mr Henry Hart,

-------------------- page 927 --------------------
also appear before this Congress, as evidences to support the charge exhibited against Mr Irwin on the aforesaid 29th Instant.

Mr John Johnston, one of the members for the county of Bertie, appeared.

John Grinder, who was bound over to appear before this Congress, being at the Bar, and desiring to be heard,

Ordered, That his Bond be referred to the Committee of Inquiry, and that he attend thereon, and that the petition of —— Fields be also referred to the said Committee.

Resolved, That Mr Luke Sumner, Mr Noah Hinton and Mr Lewis Dupree, be a Committee to enquire into the Quantity and Quality of a Lead mine, supposed to be in the County of Halifax, on the lands of John Williams and Francis Ward, and make report to this Congress.

Mr David Love, one of the members for Anson County, and Mr Isham Browder, and Ralph Gorrel, two of the members for Guilford County, appeared.

The House being informed that a negro fellow now confined in Halifax Gaol, is the property of a John Thompson, in Dunmore's Fleet,

Ordered, That Col. Willis Alston clothe the said negro, and send him to the Iron Works.

The Congress adjourned till tomorrow morning 10 o'clock.


Thursday, November 21st, 1776.

Met according to Adjournment.

Mr Charles Bruce and Mr Ralph Gorrell, two of the members for Guilford County, appeared.

Resolved, That General Person, Mr Irwin, Mr Bradford, Mr Nesbit and Mr Willie Jones, be a Committee to re-examine the accounts of Col. Nicholas Long, rendered to last Congress at Halifax.

It being moved and seconded, that the House take into consideration the Expediency of continuing or disbanding the militia at Cross Creek, under the command of Colonel Folsome, and the independent companies stationed on the sea coast of this State,

Resolved, That all the militia stationed at Cross Creek, whether they be foot or horse, under the command of Col. Ebenezer Folsome be henceforth disbanded and discharged from the pay of this State.

Resolved that the two Southern independent companies stationed on the Sea Coast, under the command of Capt. Silby Harvey and

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Capt. William Purviance, he henceforth disbanded, and discharged from the Pay of this State.

Mr. Harnett, from the Committee appointed to take into Consideration the Aid of men solicited by South Carolina from this State, reported that the said committee had proceeded to examine into the Propriety of such Proposals, and came to the following Resolutions, to wit:

Resolved, That it is the Opinion of your Committee, that as the People of North Carolina are very numerous, as the Defence of South Carolina is of the last Importance to the Well being of the United States, and as the Soldiers proposed to be enlisted will be on the Continental Establishment, and consequently liable to be called to the Defence of any particular State, that the Officers of South Carolina have Leave to raise such number of men in the State as shall be willing to enlist with them: Provided always, That neither the Officers from South Carolina, nor any other Officers whatever, shall be permitted to enlist any Soldier or Soldiers in the Continental Army, or the Service of this State, nor any Mariner or Mariners employed on Board of any Ship of War in this State (even though the Time of his or their Inlistment should be expired), nor any Servant or Apprentice, without Leave of his Master or Mistress, unless such Soldier or Soldiers, Mariner or Mariners, Servants or Apprentices, first produce a Certificate of his or their Discharge.

Resolved, That it is highly probable the Town and Fortifications of Charlestown, in South Carolina, will be attacked this Winter, when the Rigour of the Season prevents the Enemy from pursuing their military Operations in the more Northern States; and as the State of South Carolina cannot within itself raise a sufficient number of men for the Defence of their numerous Fortifications, as they are burthened with a numerous internal Enemy, and as they are Part, and a very important Part, of the great American Union, and their Fate, intimately and immediately connected with ours; your Committee are of opinion, that agreeable to the Request of the President and Council of that State, made known by Mr Chief Justice Drayton, that a Brigade of the Militia, consisting of two Battalions, be immediately raised as Volunteers, in such Parts of this State as they can most readily be procured, and by such Officers as have the greatest Influence amongst the People.

That they be commanded by a Brigadier General, and be continued in the Pay of South Carolina from the time of the Rendezvous

-------------------- page 929 --------------------
of each company until they return Home, for which Purpose they may depart from Charlestown at or upon the last Day of the month of March next, but may be sooner discharged, if that State shall judge it necessary.

That from the time of their March, until their Arrival at Charlestown, they shall be supplied with Rations at 10d. this Currency each Ration per Day, by a Commissary or Commissaries from this State, and with Waggons for the Carriage of their Provisions, Baggage and other necessaries, agreeable to the Regulations of the last Congress, and all other reasonable Expences attending their March to and from the State of South Carolina. That on their arrival in Charlestown, and during their Stay in that State, and on their return Home, they be supplied with Rations by a Commissary appointed by the State of South Carolina.

That during their stay in the Service of South Carolina, they be under the same Rules and Regulations, and receive the same pay as the Militia in that State. That each Battalion consist of one Colonel, one Lieutenant Colonel, one Major, one Adjutant, eight Captains, sixteen Lieutenants, eight Ensigns, one Serjeant Major, one Drum Major, thirty-two Serjeants, thirty-two Corporals, sixteen Drummers, eight Fifers, a Quarter Master, seven hundred and fifty Rank and file, and a Brigade Major to the whole.

The House taking the said Report into consideration.

Resolved, That the House do concur therewith.

The Congress adjourned till To-morrow morning 10 o'clock.


Friday, November 22d, 1776.

Met according to adjournment.

Ordered, That Joseph Ford attend the House with money he received of John Bates, now confined in Halifax Gaol.

Ordered, That Daniel Gwin, of Edgecomb County, be sent for in custody to appear before this House, charged with passing counterfeit money; and that Solomon Nettle, William Copes, and James Bogner, also appear before the House, to support the charge against the said Daniel Gwin; and that Henry Horn, Jun., be appointed to see this order carried into execution.

On motion, Ordered, That Mr Luke Sumner, Mr Seawell, and Mr Hinton, be a Committee to Inquire into the state of the Gun Manufacture in the District of Halifax, and make Report thereon.

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James Terry appeared before the House, charged by the Committee of Anson County with Expressions inimical to the cause of Liberty; and several Depositions for and against him being read, an Oath was offered to him, in order to repeat and subscribe, but begged Leave to withdraw and consider of it, which was granted, and Ordered, That he appeal again To-morrow before this Congress.

Resolved, That Mr Seawell, Mr Rogers and Mr Sharpe be a Committee to take under consideration a Letter from Chatham County directed to Mr Birdsong complaining of some Violences lately committed in that county, and make Report thereon.

Ordered, That Mr Wynn have Leave of Absence from this Congress, Mr William Williams until Tuesday next, Mr Smithwick until Tuesday next.

Congress adjourned until To-morrow morning 10 o'clock.


Saturday, November 23rd, 1776.

Met according to adjournment.

Resolved, That it be recommended to General Moore, or the commanding officer for the time being in this State, to appoint a Secretary, and that this Congress recommend it to the Continental Congress to make provisions for such appoinment.

Mr John McCabe, one of the members for the county of Orange, appeared.

Mr Nathaniel Rochester, Deputy Commissary General of Military Stores, came into Congress, and desired to resign his appointment; the same being granted.

Resolved, That Mr Thomas Craick be appointed Deputy Commissary General of Military and other Stores in this Colony, for the use of the Continental Army, and that he be allowed the same allowance as provided by the Continental Congress for such Officer, and that he give Security in £20,000 for the faithful Discharge of the Trust reposed in him.

Read the Petition of the Chairman and Committee of Orange County, in behalf of Enoch Bradley, respecting his Releasement,

Ordered, To be referred to the Committee of Inquiry.

Read the Petition of a number of Inhabitants of Cumberland County, charging Col. Ebenezer Folsome with sundry misdemeanors, praying to be relieved in the premises.

The House, taking the same into consideration,

-------------------- page 931 --------------------

Resolved, That the said Col. Ebenezer Folsome be directed to appear before this Congress on the 4th day of December next, to answer to the charges exhibited against him in said Petition; and that Francis Smith, Robert Philips, Joseph Edwards, —— Adkins, Francis Falkner, Richard Gest, Charles Stewart, Charles Akins, William Robertson, Mark Myat, John Smith, Adament Liverman and Alexander Avery be also summoned to attend the Congress on the said 4th day of December next, as witnesses to support the said charge, and that Mr Richard Gest be appointed to see this Order carried into execution.

Resolved, That Col. Ebenezer Folsome summon such persons as he shall think necessary in justification of his conduct.

Mr Robert Lanier, Mr William Hall and Mr Charles Gordon, three of the members for Surry County, appeared.

The Chairman of the Committee for enquiring into Col. Long's Accounts passed last Congress, reported as follows, viz.: That on a careful examination of said Accounts, they find no improper allowance therein, and that the allegations against Col. Long, relative to the unfairness of his accounts, are totally groundless; and further they find the sum of £37 14s. for pork due John Moore, delivered to Col. Irwin at Tarborough, for which Col. Long has lodged the Voucher.

The House taking the said Report into consideration, concurred therewith.

The House taking into consideration the Appointment of a Brigadier General, to command the Brigade and Officers of the two Battalions of Volunteers directed to be raised for the aid of the State of South Carolina, came to the following Resolutions, to wit:

Resolved, That Allen Jones, Esq., Brigadier General, be appointed to the command of the said Brigade.

Resolved, That Abraham Sheppard be appointed Colonel of the first Battalion.

Resolved, That Francis Lock be appointed Colonel of the second Battalion.

Resolved, That Peter Dauge be appointed Lieutenant Colonel of the first Battalion.

Resolved that John Pfifer be appointed Lieutenant Colonel of the second Battalion.

Resolved, That Samuel Weldon be appointed Major of the first Battalion.

-------------------- page 932 --------------------

Resolved, That John Atkinson be appointed Major of the second Battalion.

Resolved, That the Brigade destined to the State of South Carolina, shall be deemed a part of the Militia of this State.

Read the petition of Temp Snead, praying that her husband, now a prisoner from this State in Virginia, be discharged from his confinement.

Ordered, To be referred to the Committee of Inquiry.

Ordered, That Mr John Barrow have leave to absent himself from the service of the House during the sitting of this Congress.

James Terry came before the House pursuant to Order, repeated and subscribed an Oath to this State, and was discharged from further attendance thereon.

George Micklejohn, who was on parole in Perquimans County, pursuant to an Order issued from this Congress, appeared. He being examined, repeated and subscribed an Oath to the State, whereupon he was discharged.

Ordered, That Mr Atkinson have leave to absent himself from the service of the Congress till Wednesday next.

The Chairman from the Committee of Privileges and Elections reported as follows, viz.:

Your Committee find that a number of the Inhabitants of the County of Orange have petitioned to have a new Election for their county to represent them in the present sitting Congress, and give as a reason that they are not represented by the men returned for their Delegates.

Your Committee having called on sundry Persons as Evidences concerning the said Election, find that on the 13th Day of October last, a very great number of the Inhabitants of Orange appeared at the Court house of the said County, in order to give in their suffrages for members to sit in this Congress—that the People pressed into the house in such numbers to vote, that the Clerks could not write down their names. That by everything that could be said to them they still continued in a tumultuous and disorderly manner, and that the Election was adjourned three several Times by Orders of the Candidates, and opened again, and that an hour and a half before sunset the Candidates and Clerks were, by reason of the Tumult, obliged to leave the court house, and after that no Inspector or clerk whatsoever attended to receive their votes until Sunset, when the Poll was closed; and that the Deponents do not think one

-------------------- page 933 --------------------
fourth of the Inhabitants gave in their votes for Delegates as aforementioned.

Your Committee further report that from every circumstance it doth not appear there was any violence or bodily Injury offered to any person whatever, but that the Tumult and disorderly Behaviour was occasioned by People over anxious to get into the Court-house to vote.

Your Committee further report, that Col. John Butler, the Commanding Officer of the Southern Battalion of Orange County, at a General Muster, recommended it to the People, while under arms, that it was incumbent on all of them that were dissatisfied with the former Election, to immediately petition this Congress for a new one, alledging it to be their concern and not his.

Therefore it is the Opinion of your Committee, the sitting members for Orange County retain their seats, and that the Petition be rejected; all of which is humbly submitted to the House.

The House taking the said Report into consideration concurred therewith.

The House adjourned till Monday morning 10 o'clock.


Monday, November 25th, 1776.

Met according to adjournment.

The Chairman of the Committee to whom was referred the consideration of a Letter from Chatham County, reported as follows:

That it appears to your Committee, from the testimony of Joseph Moore, that some time in August last, the said Joseph Moore had his Horse shot in his Plough, as he suspected, by Hugh Patton; that about ten days after, he and Simon Tyrrel came to the house of the said Moore armed with a rifle gun, pistol and dirk, and ordered the People out of said Moore's shop, which being cleared, presented his gun at said Moore's breast, and told him he understood that the said Moore had offered five pounds for him, which he demanded in hard money for he would not have the damned Congress counterfeit; the said Moore said he had no money, on which the said Tyrrel said that could not be, for he made Twenty shillings each day; upon which the said Joseph Moore borrowed of John Moore Five Pounds in hard money, which he delivered to the said Hugh Patton, who then ordered him to go down on his knees and thank him for what he had done, with which he complied. He then called for a Bible, on which he compelled the said Joseph Moore to

-------------------- page 934 --------------------
swear never afterwards to ask more than Twenty Shillings for a Wheel, and ordered Tyrrel to lay his hand on the Bible and swear that he would go and inform the light Horse what he the said Hugh Patton had done.

That it also appears to your Committee, from the Testimony of John Moore, that after this the said Joseph and John Moore provided themselves with two Guns in order, if possible, to defend themselves in case the said Patton and Tyrrel should attempt to treat them in like manner.

That about the last of October past the said Hugh Patton, Jesse Beverly, John Beverly, Morgan Morgan, came to the shop of the said Joseph Moore armed, and with their Guns presented at the said John Moore's Breast demanded of him his Guns and Ammunitions, which he delivered, on which the said Hugh Patton ordered the said John Moore to remove himself some Distance from the House, until he gave him Thirty nine Lashes; the said Moore advancing towards Beverly, to intercede with him to prevent his promised Whipping, he the said Beverly presented his Gun and told him if he stirred he would kill him. Hugh Patton then demanded him to deliver his money, which he did, amounting to £6, 15s., 6d., which the said Patton received, and then ordered Breakfast; when they eat, and drank a Bottle of Brandy, which they found in the House, they departed towards Simon Tyrrel's.

That it also appears, from the Testimony of Simon Tyrrel, that the same morning that Hugh Patton, John and Jesse Beverly, and Morgan Morgan robbed John Moore, they came to the House of the said Tyrrel armed with six Guns, and Informed the said Tyrrel that they had taken two Guns from John Moore for the King, and £6, 15s. 6d. Part of the £20 which he understood John Moore had offered for him, and that they would visit old Lyons for riding Light Horse after them. That after a few Hours' Absence, they returned with said Lyons before Hugh Patton; they then hauled the said Lyons off the Horse, and ordered him on his knees to say his Prayers, which he refused, on which the said Hugh Patton gave him several Blows, then ordered a number of Hickory Switches, and with one whipped the said Lyons severely, after which they ordered him to strip, which being done, they discharged him.

That on the same Day they Stopped a cart, the Property of John Moore, and took from thence a Horse, and carried off.

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That from the Information of Mr Wall it appears that a certain George Henry complained on Oath to him, that on Sunday Evening the 10th Instant he was robbed of two Guns by a Party of 20 or 30 armed men, some of whose Faces were blacked, and others with Handkerchiefs tied over them. That the said George Henry, from their Voices, and other circumstances, was induced to believe that David Jackson, Howell Bruie, Sen., Howell Bruie, Jun., John Wilson, Sen., and Richard Lane were of the Party in Disguise.

That it further appears to your committee, from Letters and other Information, that a number of other persons in the counties of Chatham and Guilford, are, and have been for some time past, arrayed in arms, and are daily committing outrages and depredations on the persons and properties of the inhabitants of said counties,

Therefore it is the opinion of your Committee, that a company of Light Horse be immediately raised in the District of Halifax under the command of vigilant and prudent officers, and directed to repair to the said counties in the most secret and expeditious manner, to execute such orders as the Congress may think proper to take thereon, all of which is humbly submitted to the House.

Wm SHARPE, Chair.

The House taking the said report into consideration, concurred therewith.

Resolved, That Mr Willie Jones, Mr Sharpe, Mr Ramsey, Mr Miles Harvey and General Rutherford, be appointed a committee to draw up instructions for the officers appointed to command a party of Light Horse, ordered in pursuit of certain disaffected persons in Chatham County.

Resolved, That a reward of £200 Proc. Money, be given by this state to such person or persons, not in the service of the State, who shall apprehend, and secure in Halifax Gaol, the persons of Hugh Patton and David Jackson, of Chatham County, or in proportion for either of them.

Resolved, That a reward of £100 Proc. Money, be given by this State to such person or persons, in the service of the State, who shall apprehend, and secure in Halifax Gaol, the aforesaid Hugh Patton and David Jackson, or in proportion for either of them.

Resolved, That General Ashe, Mr Rowan, Mr Amis, Mr Owen, Mr Thomas Robinson, Mr Brown, Mr Willie Jones, Mr Maclaine, Mr Council and Mr Thomas Gray, be a committee to consider of

-------------------- page 936 --------------------
Ways and Means for apprehending & bringing to justice the Tories in Bladen County.

Read the petition of Windsor Pearce, complaining of sundry violences done him by David Jackson, praying relief, which was

Ordered, To be referred to the Committee of Inquiry.

Resolved, That Mr Asael Simmons be appointed commissary and paymaster to the independent company stationed on the sea coast between Currituck and Ocracock Inlets, in the room and stead of Mr Samuel Jarvis, who has resigned, with leave of this Congress.

Mr Michael Rogers moved for leave to absent himself from the service of the House for 8 days, which was granted.

Mr Thomas Harvey, one of the Delegates for the County of Perquimons, appeared, subscribed the Test, and took his seat in Congress.

Mr President laid before the House Letters from William Hooper, Esq., one of the Delegates in the Continental Congress from this State, inclosing a Petition from John Smith, of Anson County, a Prisoner sent from this State to Philadelphia, praying to be discharged from his confinement.

Ordered to be referred to the Committee of Inquiry.

The House taking into further consideration the appointment of Officers to the two Battalions of Volunteers directed to be raised for the aid of the State of South Carolina, came to the following Resolutions, viz.:

Resolved, That the following Persons be appointed Captains, Lieutenants, and Ensigns, to the aforesaid two Battalions, to-wit:

First Battalion—Gresham Coffield, of Edgecombe, Captain; Jos. Pearce, of Halifax, First Lieutenant; Joel Champion, of Edgecombe, Second Lieutenant; Simon Lee, Edgecombe, Ensign. Patrick Stewart, Bladen, Captain; Thomas Mulford, Bladen, First Lieutenant: David Evans, Cumberland, Second Lieutenant; Joseph White, Bladen, Ensign. James Gillispie, Duplin, Captain; Hardy Holmes, Duplin, First Lieutenant; John Beck, Junr, Duplin, Second Lieutenant; Hillary Hooks, Duplin, Ensign. Abraham Sheppard, Junr, Dobbs, Captain; Thomas Coleman, Hertford, First Lieutenant; James Edmonson, Dobbs, Second Lieutenant; William Sheppard, Dobbs, Ensign. Thomas Devane, Junr, New Hanover, Captain; John Champion, Halifax, First Lieutenant; John Lambert, Onslow, Second Lieutenant; Solomon Cooper, Dobbs, Ensign. Andrew

-------------------- page 937 --------------------
Venoy, Orange, Captain; James Wilson, Orange, First Lieutenant; Matthew McCauley, Orange, Second Lieutenant; John Roper, Orange, Ensign. Robert Peoples, Northampton, Captain; Benjamin Jordan, Jr, Northampton; First Lieutenant; John Low, Northampton, Second Lieutenant; John Taner, Northampton, Ensign. Waddy Tate, Guilford, Captain; John Davis, Orange, First Lieutenant; Jeremiah Poston, Orange, Second Lieutenant; John Oldham, Orange, Ensign.

Second Battalion—William Picket, Captain; William Love, First Lieutenant; William Mask, Second Lieutenant; William Gainer, Jun., Ensign. David Caldwell, Captain; Peter Hendrick, First Lieutenant; Alexander Neely, Second Lieutenant: James McWhorter, Ensign. Joseph Dickson, Captain, James White, First Lieutenant; Francis Cunningham, Second Lieutenant; Evan Davis, Ensign. James Jack, Captain; William Alexander, First Lieutenant; Zacheus Wilson, Second Lieutenant; William Ramsey, Ensign. John McCree, Captain; William Berryhill, First Lieutenant; Peter Burns, Second Lieutenant; James Thompson, Ensign. Joseph Harden, Captain; James Miller, First Lieutenant; James Holland, Second Lieutenant; Peter Sites, Ensign. Robert Bell, Captain; James Campbell, Jun., First Lieutenant; Joshua Young, Second Lieutenant; James Dogan, Ensign. Benjamin Cleveland, Captain; William Lanier, First Lieutenant; William Gray, Second Lieutenant; Elisha Heddy, Ensign.

Mr President laid before the House a Letter from Brigadier General Howe, covering a Parole of sundry Prisoners sent from the State of South Carolina to Salisbury, in this State, which was read.

Ordered, That the same lie for consideration.

Resolved, That Mr Nathanl Rochester, late Commissary of Stores, deliver over into the hands of the present Commissary all the stores and money now in his possession belonging to this State, he first entering into Bond with security, in the sum of £20,000 Proc. money, for the true and faithful discharge of the Trust reposed in him.

Ordered, That Mr Lemuel Sawyer have leave to absent himself from the service of this House.

Resolved, That Mr Hewes, Mr Harnett, and Mr Maclaine, be appointed a committee to take into consideration the Petition of Dempsey Burgess and Charles Grandy, and make report to this House.

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Resolved, That Mr Graham, Mr Alexander, Mr Sharpe, Mr Wade, Mr W. Avery and Mr Lewis, be appointed a committee to examine into the state of the Iron Works in Chatham county, and make Report thereof.

The Congress adjourned till tomorrow morning 10 o'clock.


Tuesday, November 26th, 1776.

Met according to adjournment.

Mr President laid before the House a Letter from the President of the Continental Congress, containing an account of a large Fleet's sailing from Red Hook, supposed to be destined to the southward, which was read. The House considering the same,

Resolved, That it be recommended to General Moore immediately to collect and hold in Readiness the Troops under his command, to march on the earliest notice to such place as the service may require, and that the Letters now before the House from the President of the Continental Congress and the Governor of the State of Virginia, be transmitted to General Moore.

Resolved, That the Treasurers, or either of them, be directed to pay into the hands of each of the Colonels of the two Battalions of Volunteers directed to be raised for the aid of South Carolina, one month's pay of such Officers and privates, they first entering into Bond, with sufficient security, to account for the same to the State of South Carolina, and that the said Treasurers be allowed the same in the settlement of their accounts with the public.

Resolved, That for the future one or other of the Treasurers shall pay the Captain of the Guard at the Magazine in the Town of Halifax, from time to time, such sums as shall appear to be due, upon the Captain's producing a pay roll, sworn to and signed by himself, and countersigned by the Colonel of the County.

Resolved, That Mr Jesse Cobb be appointed a Commissary to the first Battalion of Volunteers directed to be raised in this State for the Aid of South Carolina, that he enter into bond, with security, in the sum of £10,000 to account for all monies received by him from the Treasurers; and that the Treasurers, or either of them, pay into the hands of the said Commissary one month's pay of rations for the Officers and privates, and be allowed in their accounts with the public.

Resolved, That Mr Hezekiah Alexander and Mr William Sharpe be appointed Commissaries to the second Battalion of Volunteers

-------------------- page 939 --------------------
directed to be raised by this State for the Aid of South Carolina; that they enter into bond, with security, in the sum of £10,000 to account for all monies received by them from the Treasurers; and that the Treasurers, or either of them, pay into the hands of the said Commissaries one month's pay of rations for the Officers and soldiers, and be allowed in their accounts with the public.

Mr Samuel Richardson of Bladen County (Brother of Nathaniel Richardson, lately deceased, who was killed by the Tories) surrendered himself to Congress for killing John Cairsy, deceased, one of the said Tories; and upon examining several Gentlemen who was present at the time the said John Cairsy was killed, it appeared that the said John Cairsy, when in custody, used provoking language, and exhibited insulting looks and Gestures, to the widow of the said Nathaniel Richardson, and that at the time the said John Cairsy was killed, and for some time before and afterwards, the said Samuel Richardson appeared to be unsettled in his mind, and not under the Government of sound understanding. It is therefore,

Ordered, That the said Samuel Richardson give bail, in the sum of £500 for his appearance at the next succeeding Judicature to be established for taking cognizance of Criminal Matters within the County of Bladen.

The Chairman of the Committee to consider of Ways and Means for apprehending and bringing to justice the Tories in Bladen County, reported as follows, viz.:

Resolved, That as by repeated Experience an armed Force has hitherto been found ineffectual, and as one of the Tories has already been taken in consequence of a Reward offered by the Inhabitants of Bladen County, it be recommended to the Congress that the sum of £100 be offered as a Reward for taking and securing Joseph Mercer, and that the sum of £50 be offered for the taking and securing each of the following Persons, to wit, Jacob Cairsy, Ambrose Bullard, James Piercy, William Biggs, and Noah Mercer, and for this Purpose that a Proclamation be issued immediately, offering the above Reward to any Person or Persons who shall seize and secure any of the above named Delinquents, and that by the said Proclamation all Persons be impowered, in case of the Resistance or Flight of the said Joseph Mercer, Jacob Cairsy, Ambrose Bullard, James Piercy, William Biggs, and Noah Mercer, or every of them, to kill and destroy them, any or every of them, without any Impeachment for the same.

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All which is submitted to the consideration of the House

The House taking the said Report into consideration,

Resolved, That the House do concur therewith.

The Chairman from the Committee appointed to draw up Instructions for the Officers appointed to command a Party of Light Horse, ordered in Pursuit of certain disaffected Persons in Chatham County, reported as follows, viz.:

Your Committee appointed to consider of the most probable means of having David Jackson, Hugh Patton and their Accomplices apprehended, and of preventing the Repetition of such Acts of Violence as have been lately committed by them, having considered thereof, are of Opinion that a company of Light Horse, to consist of 1 Captain, 1 Lieutenant, 1 Cornet, and 30 Privates, ought to be raised for this service. That the Captain of said Company be impowered to take the said David Jackson, Hugh Patton, John and Jesse Beverly, and Morgan Morgan wherever found, and in case of Resistance or Flight, to kill and destroy them. And that the said Captain and his Company be further impowered to take and apprehend Doctor Piles and his son John, James Muse, Eli Branson, William Gardner, George Person, Julius Blalock, and Stephen Macpherson, and all and every of their Confederates and the Confederates and Protectors of the before mentioned Persons; and that for these Purposes the Power of pursuing and seizing them, and every of them, be extended to every part of this State.

That the Captain of said company be authorized to examine on oath (to be administered by himself) any person or persons respecting the offenders above mentioned, and those who harbour or countenance them; and, on sufficient proof, that he have power to seize the persons of such as may be charged with harbouring or abetting them, and send them to some safe and convenient Gaol, taking possession of their property, and the property of the persons above named, for the public, having first inventoried the same.

Your committee are further of opinion, that a proclamation ought to issue, impowering any person or persons to take the above mentioned David Jackson, Hugh Patton, John and Jesse Beverly and Morgan Morgan, and in case of resistance or flight, to kill and destroy them.

It appears to your committee that the reward of £50 to the Light Horse, and of £100 to any other persons, for taking Jackson and the like sum for Patton, are essentially necessary; but as to the conduct

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of the Captain of the Light Horse on this occasion, and the time when he shall be directed to make the aforesaid proclamation public, we conceive it impossible to give particular instructions, because he ought to be ruled by circumstances, all which is humbly submitted by your committee.

WILLIE JONES, Chair.

The House taking into consideration the said report, concurred therewith.

Resolved, That the said company of Light Horse be disbanded by the executive powers, which are or shall be established by this State, whenever they shall judge it necessary.

The House took into consideration the appointment of Officers to command a party of Light Horse ordered out in pursuit of certain disaffected persons in the western part of this State, came to the following Resolutions, to wit,

Resolved, That Mr James Denton be appointed Captain, Mr John Twitty, Lieutenant, and Mr Agrippa Nichols, Cornet, of the said company of Light Horse.

Resolved, That three additional Battalions be raised in this State, on the Continental Establishment, and that the following persons be appointed officers of the said Battalion, viz,

Resolved, That James Hogan, Esq., be appointed Colonel of the 7th Battalion.

James Armstrong, Esq., Colonel of the 8th Battalion.

John Williams, Esq., Colonel of the 9th Battalion.

The Congress adjourned till tomorrow morning 10 o'clock.


Wednesday, November 27th, 1776.

Met according to adjournment.

The House taking into further consideration the appointment of officers to the three additional Battalions to be raised in this State on the Continental Establishment,

Resolved, That Robert Mebane, Esq., be appointed Lieutenant Colonel of the 7th Battalion.

Resolved, That James Ingram, Esq., be appointed Lieutenant Colonel of the 8th Battalion.

Resolved, That John Luttrell, Esq., be appointed Lieutenant Colonel of the 9th Battalion.

Resolved, That Lot Bruister, Esq., be appointed Major of the 7th Battalion.

-------------------- page 942 --------------------

Resolved, That Silby Harney, Esq., be appointed Major of the 8th Battalion.

Resolved, That William Polk, Esq., be appointed Major of the 9th Battalion.

Resolved, That the Captains and other Officers to the three additional Battalions to be raised on the Continental Establishment, be nominated by the Districts of this State, and Report the same to the House To-morrow Morning.

Ordered, That Mr Thomas Jones and Mr Parker Quince be added to the Committee to take into consideration the Petition of Dempsey Burgess and Charles Grandy.

Patrick Stewart, a Captain in the first Battalion to be raised for the aid of South Carolina, came before the House, being charged with irregular Behaviour last night at an unseasonable Hour; and being heard, and Evidences examined, it was Resolved, The said Stewart be reprimanded from the Chair for such, his conduct whereupon he received a Reprimand accordingly, and was ordered to withdraw.

Resolved, That Mr Maclaine, Mr Rowan, and Mr Willie Jones be a Committee to take under consideration the complaint of certain Officers on the Continental Establishment, with Respect to their Ranks, and make Report to this House.

Resolved, That the Treasurers, or either of them, pay into the Hands of Capt. James Denton, of the Company of Light Horse on an Expedition to the Western Parts of this Province, the sum of £100 Proc. Money, to enable him to proceed immediately on that Route, that he account for the same to some future Judicature of this State, and that the said Treasurers be allowed the same in their Accounts with the Public.

Resolved, That the Treasurers or Paymaster, who shall hereafter pay money into the Hands of Captains and Subaltern Officers of the Continental Troops in this State, shall require Bond with Security of the said Officers for the due application of the money, that the same may be properly accounted for.

Resolved, That Mr George Evans, Mr Whitmill Hill, Mr Hewes, Mr Battle, Mr William Williams, Mr Lord, and Mr Irwin, be appointed a Committee to examine into the State of the Paymaster's Accounts, and make Report thereof to this House.

Resolved, That William Goodman be appointed Captain in the 4th Regiment of the Continental Army in this State, in the Room of

-------------------- page 943 --------------------
Roger Moore, resigned; Patrick McGibbany, Ensign in Capt. Nelson's Company, of the 4th Regiment; Charles Alexander, Second Lieutenant in Capt. Smith's Company of the 4th Regiment; David Jones, Second Lieutenant in Capt. Nelson's Company, of the 4th Regiment; Alexander Brevard, Ensign in Capt. Smith's Company, of the 4th Regiment; Benjamin Carter, First Lieutenant in Capt. Smith's Company, of the 4th Regiment.

The Congress adjourned till To-morrow morning 10 o'clock.


Thursday, November 28th, 1776.

Met according to adjournment.

Resolved, That Albritton Jones, of Halifax County, was appointed First Lieutenant in Capt. Gresham Coffield's Company, in the first Battalion of Volunteers to be raised for the aid of South Carolina under command of Col. Abraham Sheppard, in the Room of Josiah Pearce, resigned.

Mr May has Leave of Absence for a few days.

Ordered, That the Secretary of this Congress call on Mr. Dudley, Keeper of the Public Magazine, from time to time, for paper for the use of this House.

Resolved, That the several Captains who have received money from the Paymaster for the purpose of Recruiting soldiers for the Continental Army, and in whose hands there remains a balance due to the public, shall account for the same with the Paymaster, before they shall be entitled to receive a further sum for the purpose aforesaid

Ordered, That Mr Johnston, Mr Hogan, Mr Hunter, Mr Ward, and Mr Seawell, have leave of absence till Monday next.

Resolved, That Mr Dickson, Mr Respis, and Mr Starkey, be a committee to re-examine the Accounts of Mr Ambrose Ramsey, and make Report thereon.

The Several Districts having returned Lists of the names of the Officers to the additional Battalions to be raised on the Continental Establishment,

Resolved, That the following persons be appointed Captains, Lieutenants and Ensigns, in the said Battalions, viz.:

Wilmington District—Thomas Nixon, Captain; James Mills, First Lieutenant; Benjamin Mills, Second Lieutenant; Samuel Jones, Ensign. John Walsh, Captain; Joseph Rhodes, First Lieutenant; Robert Greer, Second Lieutenant; James Pearl, Ensign.

-------------------- page 944 --------------------
Robert Raiford, Captain; William Singletary, First Lieutenant; Joseph Lewis, Second Lieutenant; Jacob Messick, Ensign. Edward Ward, Captain; Nathan Brice Williams, First Lieutenant; William Godfrey, Second Lieutenant; Peter Carpenter, Ensign.

Halifax District—Henry Dawson, Halifax, Captain; William Noblin, Halifax, First Lieutenant; Jacob Barrow, Halifax, Second Lieutenant; Benjamin Bailey, Ensign. Bennet Wood, Bute, Captain; John Mecon, Bute, First Lieutenant; Eli Ely, Bute, Second Lieutenant; James Myrick, Bute, Ensign. Green Bell, Edgecombe, Captain; John Bryant, Jun., Edgecombe, First Lieutenant; Theophilus Coleman, Edgecombe, Second Lieutenant; John Lynch, Edgecombe, Ensign. Josiah Cotton, Northampton, Captain; James Vaughan, Northampton, First Lieutenant; Samuel Barrow, Northampton, Second Lieutenant; Elisha Webb, Northampton, Ensign.

Newbern District—Frederick Hargett, Craven, Captain; Gideon Carraway, Craven, First Lieutenant; Michael Quinn, Craven, Second Lieutenant; John Respis, Beaufort, Ensign. Henry Pope, Dobbs, Captain; Richard Respis, Beaufort, First Lieutenant; John McNaughton, Dobbs, Second Lieutenant; Thomas Custice, Beaufort, Ensign. William Gurley, Johnston, Captain; Caleb Foreman, Hyde, First Lieutenant; Solomon Wood, Johnston, Second Lieutenant; Thomas Bertie, Hyde, Ensign. James May, Jun., Pitt, Captain; William Dennis, Jun., Carteret, First Lieutenant; Samuel Chapman, Carteret, Second Lieutenant; James Lanier, Jun., Pitt, Ensign.

Hillsborough District—Richard Donaldson Cook, Captain; Francis Ross, First Lieutenant; Charles Yancey, Second Lieutenant; William Hicks, Ensign. Hezekiah Rice, Captain; Ralph Williams, First Lieutenant; Samuel Hart, Second Lieutenant; Robert Moore, Ensign. Matthew Ramsey, Captain; Joseph Stewart, First Lieutenant; James Carrington, Second Lieutenant; Joseph Johnston, Ensign. John Rochell, Captain; Lovick Rochell, First Lieutenant; James Daniel, Second Lieutenant; Peter Bruce, Ensign.

Edenton District—John Glaughon, Captain; Thomas Watson, First Lieutenant; James Powers, Second Lieutenant; Rowland Blanton, Ensign. Thomas Brickle, Captain; Seyth Eason, First Lieutenant; Richard Whedbee, Second Lieutenant; Jethro Lasiter, Ensign. Joseph Walker, Captain; John Baker, First Lieutenant; John Winburn, Second Lieutenant; Benjamin Dillon, Ensign. John Pointer,

-------------------- page 945 --------------------
Captain; William Snowden, First Lieutenant; William Ferrybee, Second Lieutenant; John Mercer, Ensign.

Salisbury District—Joel Brevard, Captain; John Brevard, First Lieutenant; William Neal, Second Lieutenant; John Thomas, Ensign. Joseph John Wade, Captain; Morgan Brown, First Lieutenant; West Harris, Second Lieutenant; John Coleman, Ensign. Michael Henderson, Captain; Thomas Spratt, First Lieutenant; George Russ, Second Lieutenant; John Smith, Ensign. Thomas McCrary, Captain; Anthony Sharpe, First Lieutenant; George Stewart, Second Lieutenant; George Pearce, Ensign.

Resolved, That General Ashe, General Bryan, General Person, General Rutherford and Mr Willie Jones be appointed a committee to regiment the Officers in the additional Battalions to be raised in this State.

On motion, That the Report of the Committee of Privileges and Elections, respecting the last Election in the county of Orange, and concurred with by the House, be reconsidered by this Congress.

Resolved, That the said Report be reconsidered.

The House having reconsidered the said Report,

Resolved, That a late Resolve of this Congress, concurring with the Report of the Committee of Privileges and Elections, respecting the last election in the county of Orange, be rescinded.

Resolved, That the said election for the county of Orange be set aside.

Resolved, That Mr Richard Benehan, Mr James Martin, Mr Archibald Murphy, Mr John Hogan and Mr John Kelly, or any two of them, be appointed Commissioners for holding an Election in the county of Orange, for Delegates to represent the said county in this present Congress; and that the said commissioners or any two of them immediately advertise all Freeholders and Householders in the said county to attend at the Court House in Hillsborough on the 10th day of December next, then and there to elect Delegates to represent them in this present Congress; and that the said commissioners, or any two of them, be impowered and authorized to hold the said Election, and adjourn the same from day to day, not exceeding three days, until all the Votes shall be taken; and in case the said commissioners shall refuse to act,

Resolved, That Persons appointed for this Purpose by the Candidates, be impowered and authorized to hold the said Election in manner aforesaid.

-------------------- page 946 --------------------

James Hogan, Esquire, one of the members of this House, for the county of Halifax, having been appointed Colonel of the 7th Regiment of the Continental Army in this State,

Resolved, That the Freeholders in the County of Halifax meet at the Court House in said county on the 6th day of December next, then and there to elect a Delegate to sit and vote in this present Congress, in the room and stead of the said James Hogan, whose Seat is vacated by the aforesaid appointment; and Guilford Dudley and William Wooten, or either of them, advertise the said election, take the Poll, and make Return of the same.

James Ingram, Esq., one of the members of this House for the County of Northampton, having been appointed Lieutenant Colonel of the 8th Regiment of the Continental Army in this State,

Resolved, That the Freeholders in the County of Northampton meet at the Court House in said County on the 6th Day of December next, then and there to elect a Delegate to sit and vote in this present Congress, in the Room and stead of the said James Ingram, whose seat is vacated by the aforesaid appointment; and that the Clerk of the Committee of the said County advertise the said Election, take the Poll, and make Return of the same.

The Chairman of the Committee appointed to examine into the state of the Iron Works in Chatham County, reported as follows:

Your Committee received Information from the Commissioners, that they have made a contract with Mr Wilcox, who has given a Bond, conditioned to supply the Public with melting metal, at the Rate of cast metal bars, deducting therefrom the charge of casting, and that the said Commissioners have advanced to the said Wilcox £300 and hired out to him 39 Slaves, in order to enable him to finish and carry on the work, and have taken a Deed in Trust for the Furnace and Premises in Security.

That the said Wilcox informs your Committee that he is not willing to sell or hire out his Furnace; that the same is now finished, and fit to be put in Blast in about 14 Days; that he wants £200 for present Demands; that there are two casters at this time employed in this State.

Your Committee are therefore of Opinion, that the Commissioners be directed to supply the said Wilcox with the aforesaid sum of £200 immediately, and pay out such other sums as may be necessary

-------------------- page 947 --------------------
to carry on the Business of casting cannon and ball with the utmost Dispatch.

All which is humbly submitted by your Committee to the House.

HEZh ALEXANDER, Chair.

The House, taking the said Report in consideration, concurred therewith.

The Congress adjourned till To-morrow afternoon 5 o'clock.


Friday, November 29th, 1776.

Met according to adjournment.

Mr President laid before the House letters from the President of the Continental Congress, and from William Hooper, Esq., inclosing sundry Resolutions respecting the Continental army and a Resolve for raising and embodying 5,000 of the militia in this State, which were read.

In consequence of Information from the Continental Congress, that a considerable number of Troops and a large Fleet had sailed from New York, and which are supposed to be intended against Charlestown, South Carolina,

Resolved, That General Moore do immediately march with the Troops under his command to the Relief of Charlestown, without delay; and that Orders issue to Col. Martin, and the Commanding Officer at Newbern, to join General Moore by the shortest way to Charlestown.

Resolved, That all officers having leave of absence, and all soldiers on furlough, shall immediately join the General, or the Commanding Officer of the Continental Army in this State, wherever the same may be, although their respective times of absence or furlough may not be expired and that notice be issued by the President for the purpose.

Resolved, That all soldiers already enlisted in the Continental Army during the war, shall be at liberty to list again for that term, or for three years, agreeable to the Resolution of Congress, and that General Moore be furnished with this and the Continental Resolution.

Resolved, That all officers in the Continental Army in this State for the future, shall be allowed the sum of 20s for each and every Recruit they shall enlist into the said army.

-------------------- page 948 --------------------

Resolved, That General Jones, Mr Haywood, Mr President, Mr Salter, Mr Stone, Mr Blount, Mr Rhodes, Mr Thomas Brown, General Person, Mr Harper, Mr Graham, Mr Brevard and Mr Harnett, be a committee to inquire into the most speedy method of raising and embodying 5000 of the militia of this State, agreeable to the Resolution of the Continental Congress.

Resolved, That Mr Starkey, Mr Lewis, Mr Owens, Mr Moseley and Mr Gorham, be added to the Committee of Claims.

Resolved, That Mr Lord, Mr Thomas Harvey, Mr Harnett, Mr Amis, Mr Bruce and Mr Thomas Gray, be added to the Committee of Accounts.

It being represented to the House that Mr Matthew Ramsey, commissary to the militia in the western parts of this State on an expedition against the Tories, in the settlement of his accounts last Congress, had made sundry erroneous charges therein,

Ordered, That Matthew Jones, Alexander Clark, Matthew Davis and Elisha Cain, of Chatham County, be summoned as evidences to support the said charge, and that Matthew Jones be appointed to execute this order.

It being represented to this Congress that a certain sloop called the Polly, belonging to Mess. Peter Knight of Philadelphia, and John Green of Newbern, merchants and copartners, and Mr Alexander McAusten, whereof the said Alexander McAusten was late master, has been lately seized in the State of Georgia, and the vessel and cargo likely to be condemned, on a supposition there that the owners are not friends to America,

Resolved, That the President of this Congress write to the Governor or Chief Magistrate of Georgia, and inform him that the said Peter Knight and John Green are well known to the inhabitants of this State to be men of reputable characters, and from the beginning of the disputes between Great Britain and the Colonies, to this time, have conducted themselves as the firm and warm friends to the American cause.

The Congress adjourned till tomorrow afternoon 5 o'clock.


Saturday, November 30th, 1776.

Met according to adjournment.

Resolved, That Mr Willie Jones and Mr John Bradford be, and they are hereby appointed to administer oaths during the sitting of this Congress.

-------------------- page 949 --------------------

Resolved, That John Wilcox do immediately proceed home, and make the necessary preparations for the casting of cannon, cannon ball and grape shot for the use of this State.

On the Petition of John Wilcox,

Resolved, That Mr Birdsong, Mr John Thompson, Mr John Montgomery and Philip Alston be a committee to examine a Dam belonging to a certain Rigdon, below the said Wilcox's Iron Works, and to remove if they shall think proper, or keep such Dam with such a head of water, so as not to obstruct the works which are in the service of the public.

Resolved, That Mr John Pacely be appointed Lieutenant Colonel of the second Battalion of Volunteers to be raised in this State for the aid of South Carolina, in the room of John Pfifer, deceased, under Brigadier General Allen Jones.

The chairman from the committee appointed to regiment the several companies belonging to the 7th, 8th and 9th Regiments of Continental Troops to be raised in this State, reported as follows, viz:

Seventh Regiment—James Hogan, Colonel; John Graham, Captain, Thomas Brickle, do., Joseph Walker, do., John Pointer, do., Henry Dawson, do., Bennet Wood, do., Green Bell, do., Josiah Cotten, do.

Eighth Regiment—James Armstrong, Colonel; Frederick Hargett, Captain, Henry Pope, do., William Gurley, do., James May, do., Thomas Nixon, do., John Walsh, do., Robert Raiford, do., Edward Ward, do.

Ningth Regiment—John Williams, Colonel; Richard Donaldson Cook, Captain; Hezekiah Rice, do., Matthew Ramsey, do., John Rochell, do., Joel Brevard, do., Joseph John Wade, do., Michael Henderson, do., Thomas McCrary, do.

All of which is submitted by the committee.

WILLIE JONES, Chair.

The House taking the said report into consideration, concurred therewith.

The Chairman of the Committee of Claims reported to the House, that the said committee had allowed Joseph Harden Captain of a Company of Light Horse of Tryon County, on the Cherokee Expedition, his claim of £789.

The House taking into consideration the said report, concurred therewith.

The Congress adjourned till Monday afternoon 5 o'clock.

-------------------- page 950 --------------------


Monday, December 2d, 1776.

Met according to adjournment.

Whereas it was Resolved in Congress at Halifax the 7th day of May last, that the Bridges in the County of Duplin, which were destroyed by Order of the Commanding Officers on the Expedition against the Tories and Highlanders in February last, should be rebuilt at the public expence of this State. And whereas, it is absolutely necessary, as well for the Inhabitants of the said County, as for others the Inhabitants of this State, that the said bridges be rebuilt,

Resolved, That the Treasurers, or either of them, pay into the hands of Thomas Gray, James Moore and Gabriel Homes, Esq., of Duplin County, the sum of £150, to be applied towards rebuilding the bridges, they entering into bond, with security, to the President of this Congress, for the faithful application of the same.

Read the petition of William McRee and James White, praying, &c.

Resolved, That Mr. Lord, Mr Avery, Mr Thomas Brown, Mr Rand and Mr Sharpe, be a Committee to inquire into the facts set forth in the said petition, and report the same to this House.

Read the petition of William Dent of Guilford County, setting forth the many losses he has sustained by the Enemies to this State, praying this Congress to consider his case, &c.,

Resolved, That Mr Avery, Mr Gray, Mr Evans, Mr Wilson, Mr Respis, Mr Caldwell and Mr Oliver, be a Committee to consider the said petition, and make Report thereon to this House.

Ordered, That Mr Barber have leave of absence during this Congress.

The Congress adjourned till Tomorrow Afternoon 5 o'clock.


Tuesday, December 3d, 1776.

Met according to adjournment.

The returning Officer for the County of Wake having certified that Mr James Jones was duly elected a Delegate to represent the said County, whereupon Mr. Jones appeared, subscribed the Test, and took his seat in Congress.

Resolved, That Solomon Pace be appointed a Captain in the first Battalion of Volunteers to be raised by this State for the aid of South Carolina, Commanded by Col. Abraham Sheppard, instead of Robert Peoples, resigned.

-------------------- page 951 --------------------

Mr John Sevier, one of the members from Watauga Settlement, and Washington District, appeared, subscribed the Test, and took his seat in Congress.

Mr Benjamin Blount, one of the delegates for the County of Tyrrell, appeared, subscribed the Test, and took his seat in Congress.

Resolved, That Jacob Williams be appointed first Lieutenant in Capt. John Devane's Company, of the first Battalion of Volunteers to be raised by this State for the aid of South Carolina, commanded by Col. Abraham Sheppard, in room and stead of John Champion, superseded.

Mr President laid before the House a letter from Col. Joseph Williams, of Surry County, inclosing a copy of another from William Christian, Commander of the Virginia Forces (to Col. Russell) on an Expedition against the Cherokee Indians, which were read.

Resolved, That Mr Willie Jones, Mr Sharpe, and Mr Harnett, be a Committee to take under consideration the said Letters, together with the Treaty of Peace concluded on with the said Indians, and make Report to this House.

It fully appearing to this House, on Oath, that Mr Ralph Miller of Bladen County did actually manufacture within this Province 569 ℔s. and a half of Gunpowder,

Resolved, That the said Ralph Miller be allowed the sum of £150 as a Premium for making and manufacturing the same, pursuant to a Resolve of Congress respecting Premiums, held at Hillsborough; that the Treasurers, or either of them, pay him the same, and be allowed in their accounts with the Public.

Resolved, That Mr George Evans, Mr Gorham, Mr Salter, Mr Neale, Mr Gray, Mr Whitmill Hill, and Mr Haywood be a Committee to inquire into the conduct of Mr John Cooper, of Beaufort County, with respect to the monopoly of common Salt, and make report to the House.

The Committee appointed to settle and allow the Public Claims of this Province, reported as follows, to wit:

That it appears from a Resolve of last Congress that the Militia Commissaries are directed to furnish the same Rations as are allowed to the Continental Men and Officers, but nothing expressed therein about the allowance for each Ration; and it also further appearing that sundry of the Militia Commissaries have stated their accounts, claiming 10d. per Ration, and that there is no certain Rule for allowing such claims (the Act of Assembly referred to by the last Congress

-------------------- page 952 --------------------
expressing only 8d. per ration), therefore we humbly beg to have the Opinion of the House what is to be allowed.

And we also further report it as our Opinion, that four Pack Horses and Driver be allowed 16s. per Day on the Expedition against the Cherokee Indians; that each Pack Horse master ought to be allowed 7s. 6d. per day; that the Pack Horse Master General ought to be allowed 10s. per Day.

Your Committee also desire to know the Opinion of the House, whether Pack or Waggon Horses, killed or lost in the service of the Country are to be paid for or not.

M HUNT, Chair.

The House taking the said Report into consideration, concurred therewith,

And further Resolved, That the Commissaries to the Troops of Militia on the late Expedition against the Cherokee Indians, be allowed the sum of 10d. per Ration.

Resolved, That all Pack or Waggon Horses killed or being rendered disabled in the late Expedition against the said Indians shall be paid for by the Public.

The Congress adjourned till To-morrow morning 10 o'clock.


Wednesday, December 4th, 1776.

Met according to Adjournment.

Resolved, That Dr William Usher be appointed Chireurgeon to the third Regiment.

Ordered, That five Prisoners taken at Bald Head by General Moore, be cloathed at the Expence of this State.

Resolved, That Col. Nicholas Long employ at the Public Expence some Person or Persons to mend and put in fix sundry Guns now in his Possession, and in the Town of Halifax.

Resolved, That Mr Zedekiah Stone, of Bertie County, be and he is hereby appointed a Commissioner to purchase Guns for the use of the Public.

Ordered, That Mr Philip Alston have leave to absent himself during the sitting of the Congress.

Col. Ebenezer Folesome, pursuant to an Order of this House, appeared.

Resolved, That Mr Gregory, Mr Sharpe, Mr Jarvis, Mr Harper, Mr Johnston, Mr Jordan and Mr Starkey be a Committee to inquire into the conduct of said Folesome, and make Report to this House.

-------------------- page 953 --------------------

Resolved, That Alexander Martin, Esquire, be allowed the sum of £75 for holding three Courts of Oyer and Terminer as Judge of Salisbury District, appointed agreeable to Act of Assembly for establishing said Courts, in the years 1774 and 1775; that the Treasurers, or either of them, pay him the same and be allowed in their accounts with the public.

Resolved, That Francis Nash, Esq., be allowed the sum of £75 for holding three Courts of Oyer and Terminer as Judge of Hillsborough District, appointed agreeable to Act of Assembly for establishing said Courts, in the years 1774 and 1775; that the Treasurers or either of them, pay him the same, and be allowed in their accounts with the public.

Whereas many inconveniences have arisen from the mode lately pursued in granting the public money to the Recruiting Officers,

Resolved therefore, That Mr Avery, Mr Hill, Mr Allen Jones, Mr Battle, Mr Hewes, Mr Neale, Mr Coor, Mr Alexander, Mr Benbury and Mr Hunter, be a committee to ascertain a proper manner for paying the army for the future and adjusting the accounts of such officers as appear to be delinquents, for the inspection of the Legislature.

The Congress Adjourned till tomorrow afternoon 5 o'clock.


Thursday, December 5th, 1776.

Met according to Adjournment.

Resolved, That Thomas and John Humphries of Pasquotank County, be allowed the sum of £150 for 300 wt. of cannon powder lately imported into this State; that the Treasurers, or either of them, pay the same on their producing a receipt that the same has been received by Robert Hardy, Esq., of Edenton, for the use of the public; and that the said Treasurers be allowed in their accounts with the public.

Read the petition of Jane Bouland, in behalf of her son William Jackson, now confined in Hillsborough gaol for manslaughter.

Ordered, To be referred to the Committee of Inquiry.

Ordered, That Mr Thomas Respis have leave of absence.

James Childs appeared before the House pursuant to order, and being examined, the House was of opinion he might be enlarged, upon giving security that he would not preach the doctrine of nonresistance and also take an oath to this State.

-------------------- page 954 --------------------

Ordered, That Mr Childs have leave to withdraw and consider the same.

Read the Petition of George Denison, praying, &c.,

Resolved, That Mr Nash, Mr Hill, and Mr Starkey be a committee to take into consideration the Petition of George Denison, and make report to this House.

Sundry Depositions being laid before this House charging a certain William Heath, of the Town of Newbern, with Torryism, and dangerous to the Liberties of America,

Resolved, That the said William Heath be immediately sent for in custody, and brought before this Congress, to answer for such his conduct; and that Capt. John Daly be directed to see this Order carried into Execution.

The Chairman from the Committee of Claims reported as follows, viz:

That they have passed Colonel Thomas Polk's accounts for sundry services done the Public, amounting in the whole to £2,513 8s. 8d.; also Capt. Charles Polk's claim, amounting to £963 8s. 4d.; Capt. John Davidson's claim, to the amount of £617 6s.; Capt. William Hagin's, amounting to £95 13s. 4d.; Colonel William Taylor's, to £152 18s. 8d.; and Mrs. Winny Freer's claim for boarding the Prisoners of War, amounting to £41 16s. 6d.

All of which is humbly submitted.

M. HUNT, Chair.

The House taking the said report into consideration, concurred therewith.

The Congress adjourned till to-morrow afternoon 5 o'clock.


Friday, December 6th, 1776.

Met according to adjournment.

Mr Thomas Jones, from the committee appointed to form and lay before this House a Bill of Rights, and Form of a Constitution for the Government of this State, informed the House that the Committee had prepared the Form of a Constitution, which he read in his place, and delivered in at the Table.

Ordered, That the same be taken under consideration on Monday next; that one copy of the said Form of a Constitution be furnished for each District in this State, and one copy for each County, and that the Secretary employ Clerks for that purpose.

-------------------- page 955 --------------------

Whereas in consequence of the Representation of a few persons in the Town of Newbern, Richard Ellis, Esq., was directed to attend the House and answer a charge exhibited against him for directing Captain Hampstead to commit William Heath on Board the Armed Brig Pennsylvania Farmer, the said Richard Ellis, Esq., appeared, and upon examination of the Evidences, it appears to the House that the said charge is malicious and altogether groundless.

Resolved, That it appears to the House the said Richard Ellis, Esq., as well in that particular as in every other Respect, hath conducted himself as a zealous and warm Friend to the American Cause.

The chairman of the committee to take under consideration the complaint of certain Officers on the Continental Establishment, with respect to their ranks, reported as follows, viz.:

That at the Congress held at Hillsborough in August, 1775, Joshua Bowman was appointed Lieutenant in Capt. Thomas Allen's Company, and Neil McAlister an Ensign in Capt. Robert Rowan's Company in the first Battalion of Continental Troops, by certificates, bearing date the first day of September in that year.

That by the Journals of the late Provincial Council, Tilghman Dickson was appointed a Lieutenant in Capt. Dickson's Company, John Brown an Ensign in Capt. Alfred Moore's Company, and Leehansuis De Keyser an Ensign in Capt. John Walker's Company, on the 20th day of October, 1775.

That the Rank of the Continental Officers in this State hath always been settled by a Board of Officers of all Degrees, from a Colonel down to an Ensign inclusive, by which the inferior Officers must frequently have been constituted Judges where they were Parties, and actually interested in the consequences of their own Determination.

That the above-named Tilghman Dickson hath been advanced so as to take Rank before the said Joshua Bowman, and the said John Brown and Leehansuis De Keyser so as to take Rank before the said Neil MeAlister, which your committee can not otherwise account for than upon this Principal, namely, that the said Tilghman Dickson, John Brown, and Leehansius De Keyser, were originally appointed Officers in Companies which afterwards took Rank of those commanded by the Captains Rowan and Allen, although at the time of their appointment by the Council the Ranks of the several Companies does not appear to have been ascertained nor their number of Soldiers complete.

-------------------- page 956 --------------------

Upon the whole, your Committee have come to the following Resolutions:

Resolved, As the Opinion of this Committee, that all Officers (except where the mode is otherwise directed by Congress) should of Right take Rank according to the Dates of the respective commissions or appointments; and that it be recommended to General Moore, and the Commanding Officers of the Continental Troops in this State for the Time being, to ascertain the Rank of the said Joshua Bowman and Neil McAlister accordingly.

Resolved, That it be recommended to General Moore, and the Commanding Officer for the Time being, that for the future, when it shall be necessary to settle any Rank by a Board of Officers, such Board shall be composed of such officers only as hold commissions of greater Dignity than those of the officers whose Ranks they are to ascertain.

All which is humbly submitted,

A. MacLAINE, Chairm.

The House taking the said Report into consideration, concurred therewith.

The Committee appointed to inquire into the Quantity and Quality of a Lead mine supposed to be in the County of Halifax, on the Lands of John Williams and Francis Ward, reported as follows, viz.:

Your Committee having examined into a Lead mine under the care and Inspection of John Williams and Francis Ward are of opinion, that from the situation of the said mine, the difficulties attending a further search into it, and the very small Quantity of Ore which it produces, it will not be advisable to expend any more money upon what can never be of any utility to the Public.

The House, taking the said Report into consideration, concurred therewith.

The Chairman from the Committee appointed to take into consideration the conduct of Col. Ebenezer Folsome, having inquired into the same, reported as follows, viz.:

That it appears to your Committee at the last Congress he was allowed a claim of £891 8s. in which was contained an allowance of £3 for 113 Privates for 30 Days Service in the late Insurrection against the Tories in Cumberland County, and Rations for the said 113 Privates during the said Term of 30 days, and an allowance of

-------------------- page 957 --------------------
£45 for Liquor, and also an allowance for 29 Light Horse for the space of 29 Days, at 5s. per day each.

That from the testimony of Charles Stewart, Joseph Edwards, William Robeson, Francis Smith, Adament Liverman, Robert Philips, Jesse Moore, Francis Falkner, Jacob Matthews, Alexander Avery, Robert Cobb, Ica Adkin, William Sproul, and Mark Mial, it appears that Col. Folsome paid off sundry of his soldiers in the Foot service with a much less sum than 20s. and demanded 2s. of each of them for Liquor, that sundry of the men found their own Rations the greatest part of the time; that he hath refused Payment for sundry cart horses belonging to some of his soldiers, although he was allowed for their service in his claim; that no such Quantity of Liquor was given gratis to the Soldiers as he had an allowance for last Congress; that he has claimed for more Light Horse Service than was actually performed, and that he has paid some in said service at the rate of 4s. 6d. per day, although 5s. was allowed.

It further appears to your Committee, from the Testimony of Capt. John Walsh and Henry Giffard, that Col. Folsome has not attended more than two thirds of his time at Head Quarters at Cross Creek last summer; that either for want of capacity or inclination to govern and direct the Military Operations of the Troops under his command, they were generally in disorder and confusion.

Your Committee therefore recommend that the said Col. Ebenezer Folsome be discontinued from the command of the militia in Cumberland County, and that Mr Robert Rowan, Mr Thomas Hadley, and Mr Philip Alston, be Commissioners to convene before them, or any two of them, the said Col. Folsome, and the injured soldiers, whether Foot or Horse that were under his command during the Insurrection aforesaid, and see that he pay them for what time they were in actual service, and that they properly adjust the same and lay an account of their proceedings before the next Assembly with the overplus money if there should be any. All which is humbly submitted to the House.

Wm SHARPE, Chairn.

The House taking the said Report into consideration, concurred therewith.

Resolved, That William Little be appointed Ensign in Capt. John Rochell's Company of the 9th Battalion of the American Army, commanded by Col. John Williams, in the room of Peter Bruce, resigned.

-------------------- page 958 --------------------

Resolved, That General Ashe furnish forth two companies of the militia from the district of Wilmington, to guard the Magazine at Cape Fear in the absence of the regular Troops Destined for Charlestown.

Resolved, That Thomas Jenkins be allowed £100 for apprehending and bringing to Halifax Gaol a certain David Jackson, of Guilford County; that the Treasurers, or either of them, pay him the same, and be allowed in their accounts with the public.

Ordered that Mr Britain Fuller have Leave of Absence.

The Congress adjourned till tomorrow Evening 5 o'clock.


Saturday, December 7th, 1776.

Met according to adjournment.

The returning Officer for the County of Halifax having certified that Mr. Egbert Haywood, of the said County, was duly elected a Delegate, in the room of Mr James Hogan, whose seat was vacated by an appointment in the Continental Army; the said Mr Haywood appeared, subscribed the Test, and took his seat in Congress.

The Committee appointed to take into consideration the public manufactory of Guns in the District of Halifax, reported as follows, viz.:

Your Committee finds, by the accounts of James Ransome, one of the Commissioners appointed for establishing said manufactory, that the sum of £5 per Gun is not adequate to the Expenses attending the same, and that the sum of 20 dollars per Gun, is in the opinion of your Committee, the lowest price for which the said Guns can be manufactured. All which is humbly submitted to the House.

The House taking said Report into consideration, rejected the same.

The Chairman from the Committee to consider the Inconveniences which have arisen from the mode lately pursued in granting the public money to the Recruiting Officers, and ascertaining a proper manner for paying the Army for the future, and adjusting the accounts of such officers as appear to be delinquents, for the Inspection of the Legislature, reported as follows, to wit.

Your committee are of opinion that a Regimental Paymaster be appointed to each Battalion, with the pay and rations of a Captain per month, and that each Regimental Paymaster give security in the sum of £10,000.

-------------------- page 959 --------------------

That the Regimental Paymaster pay each individual Officer and Soldier belonging to his regiment monthly, and take their several receipts, to be laid at a future day before the legislative Powers of this State.

That the Deputy Paymaster General shall furnish each Regimental Paymaster with a state of the accounts of each Officer who may have received money either for the recruiting service or for the payment of the soldiers, and shall attend at Head Quarters when the first monthly payments shall be made, that all Disputes relative to the settlement of former accounts may the more easily be adjusted; and if such Officers do not immediately settle their accounts with him, he is hereby directed to lodge a complaint in writing with the Colonel or Commanding Officer of the Regiment, in order that such delinquent Officer may be proceeded against agreeable to the Articles of War established by the General Congress.

That the Regimental Paymaster advance to the Recruiting Officers of each Company, not in arrear to the Public, the sum of £200 towards recruiting such Company, and may advance, as occasion requires, any further sums for the purpose of recruiting, provided that the sums so advanced, together with the balance that may be in the hands of the Officers of such Company unapplied, shall not exceed the sum of £200. And provided also, that such sums, with all that hath been advanced to the said Officers, doth not exceed the amount of the Bounty money for a full Company. And provided further, that when by Death or Desertion any Company shall not have its full complement of soldiers, the Paymaster shall advance to the Recruiting Officers of such Company any sums of money, agreeable to the following Regulations and Restrictions, that shall be necessary to complete such Company: That the Recruiting Officer shall make a monthly return of his company on oath, alphabetically digested, certifying the time of inlistment; the money he has advanced, and what remains in his hands, to the Regimental Paymaster. And in case of neglect or refusal of such Officers, the Regimental Paymaster shall lodge a complaint against such delinquent Officers in writing with the Colonel or Commanding Officer, in order that he be proceeded against agreeable to the Articles of War established by the General Congress.

Your committee are further of opinion, that it be recommended to the Regimental Paymaster, that it is a duty incumbent on them to make diligent Inquiry whether the soldiers inlisted in the service

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have received their full Bounty; and if it appears they have not, the respective Paymasters are hereby directed to lodge a complaint in writing with the commanding Officer of such Regiment to which the soldier or soldiers belong, to the End that Justice be done.

HEZ. ALEXANDER, Chair.

The House taking the said report into consideration concurred therewith.

On motion, Ordered the yeas and nays on the said report be taken down, which are as follows, to wit:

Yeas:
Jacob Hunter
Thomas Jones
Robert Sumner
Day Ridley
William Murfree
James Wright
John Tillman
Edward Salter
Thomas Wade
Cornelius Harnett
W. Horn
W. Avery
Edward Starkey
Benjamin Williams
James Kenan
Thomas Owens
Thomas Amis
James Gorham
Thomas Respis
Robert Tripp
Jonas Johnston
John Hardison
Benjamin Exum
William Dickson
Thomas Gray
Henry Abbott
Solomon Sheppard
John Easton
Henry Rhodes
John Spicer
Thomas Johnston
Parker Quince
William Lord
Hollowell Williams
David Caldwell
Samuel Ashe
John Ashe
Evans
Rowan
Rand
Cobb
Carter
Gorrell
Sevier
Russell
Archibald Maclaine
Sampson Moseley
John Devane
Lewis Dupree
Andrew Bass
Elisha Battle
James Jones
John Brevard
Hezekiah Alexander
Robert Irwin
Zacheus Wilson.

Nays:
Thomas Person
Robert Lewis
Memucan Hunt
James White
Thornton Yancey
Griffith Rutherford
James Smith
Isham Browder
Charles Gordon
William Sharpe
Needham Bryan
Benjamin Seawell
Samuel Smithwick
William Graham
Thomas Robeson
David Love
Thomas Brown.

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Ordered, That Mr Thomas Gray have Leave to absent himself from the service of this House.

Resolved, That a certain Resolution of this House appointing Regimental Paymasters, and also a Resolution of the Continental Congress for allowing a Bounty and Cloathing to the Army of the United States, be set up at the Court House of every County in this State, and that the Secretary of this House furnish the Printer with a copy of the same, that a number may be printed for that Purpose.

The Congress adjourned till Monday Morning.


Monday, December 9th, 1776.

Met according to Adjournment.

Ordered, That Mr George Evans have Leave of Absence from this House.

Resolved, That Mr Samuel Ashe, Mr Burges and Mr Harnett be a Committee to inquire into a complaint of John Gaillard, against William Barrat, for taking a Sloop, the Property of the complainant.

Resolved, That Mr Isaac Gregory, Mr Ambrose Knox and Mr Othaniel Lascels be a Committee to take into Possession the Property of the following Persons, that the same may be secured till further Orders, to wit, James Ingram, in company with Neil Snodgrass, and Thomas Macknight in company with Thomas King, Thomas Macknight in company with William McCormick, Mr Neil Jamieson, and John Dunlap, their real and personal Estates, and that they make Report of their Proceedings.

On the Petition of James Burns, of Dobbs County, complaining of the irregular method of inlisting his son William Burns, by a certain Capt. Patrick Stewart, in the first Battalion of Volunteers voted by this State for the Aid of South Carolina,

Ordered, That General Jones, who is appointed to command the Brigade destined to South Carolina, do immediately discharge the said William Burns from his said Brigade.

The returning Officer for the county of Northampton having certified that Mr Thomas Parker was duly elected a Delegate to sit and vote in this present Congress, in the Room and stead of Mr. James Ingram, whose seat was vacated by an appointment in the Continental Army, Mr Thomas Parker appeared, subscribed the Test, and took his seat in Congress.

Resolved, That Mess. Isaac Gregory, William Ferebe and Abner Harrison, who have been appointed Commissioners to take into

-------------------- page 962 --------------------
their care the Estates of Thomas Macknight and James Parker, in Pasquotank and Currituck Counties, sell such Part of the said Estates as they shall judge most liable to Waste, for six months' credit for all sums above £3, taking Bond and security, and make Return thereof to the next ensuing Congress or Assembly. That Mrs Parker be allowed the monies arising from the Rent of her Husband's Plantation, and the Hire of the following Negroes that were taken by the Public, to wit, Sambo, Doctor, Africa, Jenny and Flora, to support herself and her children, or such Part thereof as the Commissioners shall think necessary, till further Orders.

Resolved, That Col. John Patton, of the second Regiment of Continental Troops, be allowed the sum of £208 15s. 10d. for horse hire, cart hire, shoes, blankets, rugs and sundry sums of money advanced by him for the use of the Continental Troops, as per account field.

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

Resolved, That Mr John Bryan, Mr Christopher Neale, Mr David Barron and Mr Richard Ellis, or any two of them, be commissioners to take into their hands all the personal estate of Josiah Martin, Esq., late Governor of this State; and also that they have power to call on and examine on oath, all persons suspected of having or concealing any of the said Governor's effects; and that they sell the said effects at vendue, giving six months credit; and make return of their proceedings to the next Assembly to be held for this State, and in case any person or persons shall refuse to answer on oath, and deliver up to said commissioners, such effects as may be in their hands, such person or persons shall stand committed.

Resolved, That Watson Stott and James Donaldson have leave to depart this State in any vessel bound to the French, Dutch or Danish Islands, in the West Indies.

The order of the day being read, the House proceeded to consider the form of the Constitution to this State, and after having spent some time therein,

Resolved, The House do tomorrow morning enter on the further consideration of the said Constitution.

The Congress adjourned till To-morrow morning 10 o'clock.

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Tuesday, December 10th, 1776.

Met according to adjournment.

Resolved, That the several Captains of the Light Horse Companies in the service of the Continent, stationed in this State, in case any horses should either be killed or die, be impowered to purchase horses in their stead, having regard to the instructions established by a resolve of the last Congress held at Halifax.

Resolved, That Mr James Council be appointed a commissioner to take into his possession all the personal estate of John Cairsey, of Bladen County, deceased, and sell the same at vendue for six months credit, and make return of his proceedings to the next Congress or Assembly to be held in this State.

Read the memorial of George Doherty, setting forth that a certain James Love, of Duplin County, aided with a party of armed men, came to the House of Samuel Portevints, of New Hanover County, and violently broke open an outhouse, and took from thence a Quantity of Salt, the property of the memorialist,

Resolved, That Mr Maclaine, Mr Ashe and Mr Starkey, be a committee to take into consideration the said memorial, and make report to this House.

The House, according to order proceeded to further consideration of the form of a Constitution to this State, when the same was read paragraph by paragraph, amended and ordered to pass for the first reading.

On motion, Resolved, That the said Constitution be taken under further consideration on Thursday next.

The Congress adjourned till To-morrow Morning 10 o'Clock.


Wednesday, December 11th, 1776.

Met according to Adjournment.

Resolved, That James Campin be appointed Ensign in Capt. Gee's Company of the Second Regiment of the Continental Army in this State; William Williams, Ensign in Capt. Williams' Company, of the Second Regiment; and John Pilley, Ensign in Capt. Vail's Company, of the same Regiment.

On motion Resolved, That the companies raised by order of the Committee for the protection of the Inhabitants of Washington District in June last, and also those who joined and marched with the North Carolina Troops, under Col. Joseph Williams, against the

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Overhill Cherokees, be paid by this State, and that the claimants be referred to the Committee of Claims for Allowance.

The Chairman from the Committee of Ways and Means for procuring Salt, &c., laid their Report before the House. The same being taken into consideration, and some time spent therein,

Resolved, The said Report be recommitted to the said Committee, and that they make Report thereon.

Resolved, That Joseph Leech, David Barron, and Richard Ellis, be Commissioners to load and send out the Pennsylvania Farmer, reducing (until her return from said Voyage) the number of Carriage Guns of said Vessel to 8, and the number of men to 40, for the purpose of purchasing Salt, Arms and Ammunition, and also for importing 10 Pieces of Cannon, from 18 to 32 Pounders, for the use and defence of this State.

The Committee appointed to take under consideration the petition of White and McRee, Executors, &c., reported as follows, viz.:

Your Committee, upon Examination, find that the Demands of the said Executors against Morris Nowland, and other Prisoners of this State, are much complicated;

That by Order of last Congress the Estates of said Prisoners have been inventoried and secured by Commissioners appointed for that Purpose;

And whereas the Legislature of this State will probably soon establish Courts of Law, before whom such Demands of the Petitioners may be more properly ascertained, and the estates of said Prisoners, in the Hands of Commissioners as aforesaid, may then be made liable to answer said Demands, and make good the Property of those Orphans in whose Behalf the Petition was introduced,

Your Committee are therefore of Opinion that it is necessary to make an Order thereupon at this Time.

All which is humbly submitted.

The House, taking the said Report into consideration, concurred therewith.

Whereas it is represented that Patrick Travers hath in his Possession a certain Horse, and Sundry Books of Accounts, all belonging to the Estate of Morris Nowland, and hath refused to deliver them into the Hands of Commissioners appointed by the late Congress to take into their Possession the Estate of the said Nowland, and others, Insurgents and Prisoners; therefore

-------------------- page 965 --------------------

Resolved, That Patrick Travers deliver the said Horse and Books to said Commissioners, or appear immediately before this Congress, or such Persons as may be appointed to hold the Executive Authority in this State, then and there to show cause why he detains the said Horse and Books from the Commissioners as aforesaid.

Resolved, That Mr Sharpe, Mr Gorham and Mr Harper, be appointed a committee to re-examine the accounts of Colonel Henry Irwin, and make report of the same.

Resolved, That General Rutherford, Mr Sharpe, Mr Avery, Mr Maclaine, Mr. Person, Mr. Neale, Mr Irwin, and Mr William Robson, be a committee to take into consideration the petition of Samuel Spencer, and make report thereon.

The committee appointed to re-examine the Accounts of Col. Ramsey, reported as follows, viz.:

Your committee find that Col. Ramsey received the sum of £56 12s. 4d. more than he was entitled to, which appears to be now due to the State.

Your committee are further of Opinion the error was not occasioned by any dishonest intention in the said Col. Ramsey, but through the Hurry in which his Accounts were drawn up.

The House taking into consideration the said report, concurred therewith.

Resolved, That Mr Council, Mr Brown, and Mr Rowan, be a committee to re-examine the Accounts of Matthew Ramsey, and make report of the same.

Resolved, That John Macon be appointed a Captain in the 7th Battalion of the Continental Army to be raised in this State, in the room of Bennet Wood, who refuses to act; Eli Ely, First Lieutenant; John Myrick, Second Lieutenant, and William Harrison, Ensign in Capt. Macon's Company, 7th Regiment.

Resolved, That General Ashe, Mr Dupree and Mr Quince, be a Committee to examine the claim of Mr Thomas Amis, and make report to this House.

On motion, The House proceeded to the Appointment of Regimental Paymasters to the several Battalions of Continental Troops raised in this State, and the following persons were appointed Paymasters accordingly, to wit:

Paymaster to the First Battalion—Mr William Lord.

Paymaster to the Second Battalion—Mr John Spicer.

-------------------- page 966 --------------------

Paymaster to the Third Battalion—Mr William Blount.

Paymaster to the Fourth Battalion—Mr William Bryan.

Paymaster to the Fifth Battalion—Mr John Rogers, Jr.

Paymaster to the Sixth Battalion—Mr William Moseley.

Paymaster to the Seventh Battalion—Mr James Harvey.

Paymaster to the Eighth Battalion—Mr Jesse Blount.

Paymaster to the Ninth Battalion—Mr. Isaac Guion.

Resolved, That the several Regimental Paymasters of the Continental Troops in the service of this State, before they enter upon the Execution of their Office, shall take the following Oath, to wit:

“I, A B, do swear that as Paymaster of the —— Regiment, I will be faithful to the public, and not wittingly suffer them to be defrauded, but in all things well and truly execute my office, to the best of my knowledge and abilities, so help me God.”

The House proceeded to the Appointment of Commissaries to the three additional Battalions of Continental Troops to be raised in this State, when the following persons were appointed.

Resolved, That Mr Hardy Bryan be appointed Commissary to the Seventh Battalion, Mr Joseph Green Commissary to the Eighth Battalion, and Mr William Dent Commissary to the Ninth Battalion.

Resolved, That the Treasurers, or either of them, supply each of the Commissaries, appointed by this Congress to the three additional Battalions of the Continental Troops to be raised in this State, with the sum of £2,000, they first giving bond and security, each in the sum of £10,000.

The Congress adjourned till tomorrow morning 10 o'clock.


Thursday, December 12th, 1776.

Met according to adjournment.

Resolved, That Mr William Pasteur be appointed Regimental Paymaster of the Fourth Battalion of the Continental Troops raised in this State, in the room and stead of William Bryan, who refuses to act.

Ordered, That the Waggoners' Certificate, Signed by Col. Gee, shall be a voucher sufficient for the Paymaster of the Detachment from the District of Halifax, lately in service, to pay the same.

Resolved, That Mr Coor, Mr Avery, Mr W. Jones, Mr Starkey and Mr Samuel Ashe be a committee (especially appointed) to settle the

-------------------- page 967 --------------------
accounts of Mr Matthew Lock, Paymaster to the militia on the late Expedition against the Indians, and make Report on the Transactions of that Expedition.

Mr Matthew Lock, one of the Delegates for the County of Rowan, appeared, subscribed the Test, and took his seat in Congress.

Mr. Joseph Williams, one of the Delegates for the County of Surry, appeared, subscribed the Test and took his seat in Congress.

The order of the day being read, the House proceeded to take under consideration the Form of the Constitution to this State, and the same being read and debated paragraph by paragraph,

Resolved, That the same pass as the second reading of this House.

On motion, Ordered, the said Form of a Constitution be taken under consideration on Saturday next.

Mr Thomas Jones from the committee to form, and lay before this House a Bill of Rights, &c., informed the House that the committee had prepared the said Bill of Rights, which he read in his place, and delivered in at the table.

Ordered, The same lie for consideration.

Congress adjourned until To-morrow afternoon 4 o'clock.


Friday, December 13th, 1776.

Met according to adjournment.

The committee appointed to examine the accounts of Capt. Thos. Amis, of Bladen County, against this State, for apprehending, securing and delivering to their Officers, 19 Deserters from the Troops belonging to this State, reported as follows, to wit:

Your committee are of opinion that the said Thomas Amis be allowed for his trouble and expence in apprehending the said deserters, and for carrying them from this State to Charlestown in South Carolina, where they were delivered, the sum of £120.

The House taking the said Report into consideration, concurred therewith.

Mr Ambrose Ramsey came into Congress and moved that he might have leave to resign as one of the Commissioners of Iron Works in Chatham County, which was granted.

Resolved, That Mr Maclaine, Mr Harnett, Mr Luke Sumner, Mr Hinton, Mr Scurlock, Mr Avery, and Mr Thos. Jones be a committee to inquire into the best method of carrying on the Iron Works in Chatham County, for the Use of the Public, and make report of the same to this House.

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Doctor John Piles, who was examined to-day before the committee of Inquiry (where he took an oath to this State, and gave security for his appearance before the House) appeared at the Bar of the House accordingly, and being further examined, it was

Resolved, That the said Doctor Piles be liberated, on his giving security in the sum of £1000, and his securities in £500 each, for his future good behaviour.

Resolved, That Mr Easton, Mr John Ashe and Mr Gorham, be a committee to inquire into the Cargo and Crew of the Transport lately cast away to the Southward of Ocracock Bar, and make report thereof to this Congress.

The Chairman of the Committee of Accounts reported as follows, viz,

That it appears to your Committee that Jonathan Jacocks, Executor of the last will and testament of Charles Jacocks, deceased, exhibited the accounts of the deceased for furnishing the Edenton District of Militia with rations at different times, to the amount of £1008 16s. 8d. for which he produced vouchers, and lodged with your Committee.

That it further appears to your Committee, that there is a charge by the executors of the said deceased for two provision carts for each company, amounting to £503 which is not mentioned in the deceased man's book.

Your Committee further report that it does not appear that any waggon master was appointed to the said militia, for want of which, and the death of Mr Jacocks happening before his accounts could be finished, it was impossible for his representatives to produce the vouchers required by law.

Your Committee therefore pray the direction of the House on the above charge for provision carts.

The House taking the said report into consideration,

Resolved, That the Committee do allow for the said provision carts accordingly.

The Congress adjourned till tomorrow morning 10 o'clock.


Saturday, December 14th, 1776.

Met according to adjournment.

Peter Lepoole, Esq., being about to settle in the city of Amsterdam, to negotiate American business there by way of consignment,

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Resolved, That this State will consign to the said Peter Lepoole, such tobacco, or other commodities of this country, as they may have occasion to send to Amsterdam, for the produce of the manufactories of Holland.

Resolved, That Mr Jonas Johnston, Mr Rogers and Mr Robeson, be a committee to take under consideration the petition of a number of soldiers in Wake County, under the command of Capt. James Jones, of the Light Horse, and make report thereof.

Ordered, That Samuel Willits a prisoner on parole in New Hanover County, be admitted to return to Brunswick County, on his entering into security for his future good behaviour in the sum of £300.

Read the petition of John Lowry, setting forth, &c., praying relief,

Resolved, That Mr Burges, Mr Samuel Ashe and Mr Thomas Williams, be a committee to consider the said petition, and make report to this House.

The House taking into consideration the Bill of Rights and the same being read and debated paragraph by paragraph, was amended, and passed as the first reading of the House.

The order of the day being read, the House proceeded to the consideration of the Constitution; which was read, amended and passed at the third reading of the House.

Resolved, That the House take into further consideration the Constitution to this State on Monday next.

Resolved, That Henry Montfort be permitted to export staves in the sloop Willing Maid, Capt. Collins, to any of the French, Dutch or Danish Islands in the West Indies, to the amount of the value of 1000 bushels salt lately imported into this State, he entering into bond with the Commissioners to vest the nett proceeds of such staves in salt, arms, ammunition and other warlike stores, to be imported into this State, the dangers of the sea excepted.

Resolved, That Henry Montfort be permitted to export Staves in the Sloop Savage, Capt. Cricket, to any of the French, Dutch or Danish Islands in the West Indies, to the amount of the Value of 300 Bushels of Salt, 500 wt. of Gunpowder, lately imported into this State, he entering into Bond with the Commissioners to vest the nett Proceeds of such Staves in Salt, Arms, Ammunition and other Warlike Stores, to be imported into this State, the Dangers of the sea excepted.

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The Committee appointed to examine into the Accounts of Matthew Ramsey reported as follows, viz.:

Your Committee have examined the accounts of Matthew Ramsey, and heard Evidence of the same. It appears to your Committee that the said Matthew Ramsey's accounts are just, and that the Rations therein charged were actually delivered to the Public, and are further of Opinion the said Complaint is utterly groundless, and unsupported by any testimony whatsoever.

The House taking the said Report into consideration, concurred therewith.

Read the Petition of Richard Blackledge, Jun., setting forth that he has always been a sincere Friend to the American Cause, but that he had never signed the Association, which was the means (as set forth in the said Petition) as he conceives, of his being injuriously pointed out as a Person to be dealt with under a late Resolve of the Council of Safety, praying the Congress to admit of Testimony of his Character and Innocence.

Resolved, That Richard Blackledge, Jun., appears to this House to be free from all suspicion of Disaffection to the cause of American Freedom, and that he be acquitted from the charge exhibited against him by the Committee of Craven County.

Ordered, That Mr Dupree, Mr Alexander and Mr Picket have Leave of Absence from this House.

Resolved, That General Person, Mr Seawell, Mr Coor, Mr Neale, and Mr Bright be a Committee to examine into the State of the Salt Works erecting at Core Sound, and to settle the accounts with the Commissioners of such works, and make Reports to this House.

Resolved, That John Waldon be allowed the sum of £28 for a mare bought for the service of the Public, and delivered to Capt. Edmund Hatch, of the Light Horse, on an Expedition to Cape Fear; that the Treasurers, or either of them, pay him the same, and be allowed in their Accounts with the Public.

The Congress adjourned till Monday morning 10 o'clock.


Monday, December 16th, 1776.

Met according to adjournment.

The returning Officer for the County of Orange having certified that Mr Thomas Burke, Mr Nathaniel Rochester, Mr Alexander Mebane, Mr John Butler, and Mr John McCabe, were duly elected Delegates for the said County, to sit and vote in this present Congress,

-------------------- page 971 --------------------
in the Room and stead of the late Delegates, whose Election was set aside by a Resolution of this House, the said Mr Burke, Mr Rochester, Mr Mebane and Mr Butler appeared, subscribed the Test, and took their seats in Congress.

Whereas the Sheriffs of some counties in this State have collected 5s. 4d. as the Public Tax for 1774, while those of other counties have collected only 4s. 4d.

Resolved, That such Sheriffs as have made collections in Part at the Rate of 5s. 4d. proceed to finish them in that manner; and then that they, and also such Sheriffs as have already completed their collections at the Rate of 5s. 4d. be, and they are directed to settle and account with the Treasurers for 5s. 4d. and that those who have collected 4s. 4d. be, and they are directed to settle and account with the Treasurers for 4s. 4d. And that equal justice may be done to the different counties in this State,

Resolved, That the Treasurers certify to the General Assembly at their next meeting what counties have paid 5s. 4d. and what 4s. 4d.; that in laying any future Public Tax such counties as have paid only 4s. 4d. may be taxed 1s. extraordinary.

Resolved, That Mr Daniel Mallet be appointed Commissary to the 4th Regiment of Continental Troops raised in this State, in the Room and stead of Mr Ransome Southerland, who has resigned.

The Order of the Day being read for taking into consideration the Form of Constitution,

Resolved, The same be deferred till To-morrow morning.

On motion the House proceeded to take into further consideration the Bill of Rights to this State; which were read, and passed as the Second Reading.

On the Petition of Elizabeth Pope, setting forth her Distresses, &c.,

Resolved, That Jacob Pope, now a Prisoner at Stanton Town, in Augusta County, Virginia, be permitted to return to the County of Edgecombe in this State, he taking an Oath to the State, and entering into Bond with Security in the sum of £500 on his arrival in this State, for his future good Behaviour.

Resolved, That Mr Maclaine, Mr Harnett, Mr Neale, Mr Luke Sumner, Mr Easton, Mr Thomas Williams, Mr Hewes and Mr Respis, be a Committee to inquire into the conduct of Capt. Anderson, stationed at Ocracock Bar, and the complaint of the Pilots there, what number of Pilots may be necessary at each Port; and to examine Evidence, and make Report to this House.

-------------------- page 972 --------------------

Ordered, That Mr Hewes, Mr Samuel Ashe, and Mr Gorham, be added to the Committee of Ways and Means for supplying this State with Salt, &c.

Resolved, That all the Prisoners of War now in this State be conveyed under Guard to Philadelphia, in order to be exchanged for other Prisoners belonging to the American Army, in General Howe's Camp and elsewhere.

Whereas by a Resolution of the Continental Congress, Prisoners of War were allowed at the Rate of two Dollars per week for their subsistence; wherefore

Resolved, That the Treasurers, or either of them, pay such Prisoners as have not already received the same, the said allowance up to this time, and that a Report be made to the General Congress of the sums so paid and to whom the same were paid.

Resolved, That Col. Long return a Horse, Saddle, and Bridle to Lieutenant Francis Frazier, that were taken from him on his first coming to Halifax.

Resolved, That the Rev. John Debow be allowed £15 10s. for acting as chaplain to Col. Butler's Detachment of Militia, on an expedition to Cross Creek against the Tories, and that the Treasurers or either of them, pay the same, and be allowed in their accounts with the public.

Upon the complaint of Robert Hogg, and Samuel Campbell, merchants in Wilmington that the Commissioners of Cumberland County, who were impowered to take inventories of the estates of Tories, had prevented George Mylne, partner of the said Hogg and Campbell in Cross Creek, from disposing of their effects in his possession,

Resolved, That the said Robert Hogg, Samuel Campbell and George Mylne, or any of them, may dispose of their effects in what manner they choose.

Resolved, That Mr Abbot, Mr Harnett, General Person, Mr Amis, and Mr Lock be a Committee to devise a more effectual way for apprehending deserters.

Ordered, That Mr Rowan be added to the Committee to settle and report upon Mr Lock's accounts.

Ordered, That Mr Harper and Mr Sharpe be added to the Committee to take into consideration the petition of a number of soldiers of Wake County, &c.

-------------------- page 973 --------------------

Mr Martin Pfifer, who was appointed one of the commissioners for carrying on the Iron Works in Chatham County, resigned.

Resolved, That the said Martin Pfifer be allowed the sum of £6 for his attending 12 days as a commissioner to the Iron Works in Chatham County; that the Treasurers, or either of them, pay the same, and be allowed in their accounts with the Public.

The Congress adjourned till To-morrow Morning 10 o'clock.


Tuesday, December 17th, 1776.

Met according to adjournment.

Resolved, That Mr Christopher Neale, Mr Edward Starkey, and Mr James Blount, be commissioners to procure and buy Anchors, Guns, Rigging and Canvass, for the Gallies building in Virginia, with Power to take what may be necessary from the Public Stores.

Ordered, That a negro confined in Halifax Gaol, the Property of Hardewell Davis, be delivered to him, he paying the charges of his Imprisonment.

Resolved, That Mr Maclaine, Mr Samuel Ashe, Mr Avery, Mr Thomas Bourke, Mr Nash, and Mr Thomas Jones be a committee to take into consideration a complaint of Mr Joseph Hewes and Mr Robert Smith, and prepare a Remonstrance to the General Congress and Assembly of the State of Massachusetts Bay, &c., and make report to the House.

Resolved, That Mr Maclaine, Mr Samuel Ashe, Mr Avery, Mr Thomas Bourke, Mr Nash, and Mr Thomas Jones, be a committee to consider of and prepare the Business necessary to be done by this Congress, and make report to this House.

Resolved, That Lemuel Ely be appointed a Captain in the 7th Regiment of the Continental Army to be raised in this State, commanded by Col. James Hogan, in the room of Green Bell, resigned, and John Moore, First Lieutenant in the said Capt. Ely's Company, in the 7th Regiment of the Continental Army.

Mr John McCabe, one of the Delegates for the County of Orange, appeared and took his seat.

The House taking into consideration the Bill of Rights, and the same being read Paragraph by Paragraph, was amended, passed and ordered to be engrossed.

The Order of the Day being read, the House proceeded to consider the Form of the Constitution to this State, and after having spent some time therein,

-------------------- page 974 --------------------

Resolved, The House do tomorrow morning enter on further consideration of the said Constitution.

The Congress adjourned till To-morrow morning 9 o'clock.


Wednesday, December 18th, 1776.

Met according to Adjournment.

Resolved, That Mr Burges, Mr Battle, Mr Frazier, Mr Jacob Hunter and Mr Hall be added to the Committee to devise a more effectual way for apprehending Deserters.

Ordered, That Daniel Davenport, a soldier in the 5th Regiment, commanded by Col. Edward Buncombe, be discharged from his six months' Inlistment in the said Regiment, and which expired 21et day of November last, provided that this Order shall not prejudice any claim the Officer may be able to make appear by indifferent Testimony of any Inlistment for a longer time.

The Committee appointed to re-examine and settle the Accounts of Col. Irwin, reported that the said Committee had drawn up the same, which was laid before the House, and being read, was rejected.

Ordered, That Col. Henry Irwin be directed to appear before the next Assembly, to answer such charges as may then be exhibited against him with respect to the settlement of his accounts last Congress, and that Mr Elisha Battle and Mr Elias Ford, of Edgecombe County, be appointed Commissioners to examine and procure Testimony for and against the said Col. Irwin, and make Report of their Proceedings to the next Assembly.

The Order of the Day being read, the House proceeded to take under further consideration the Form of a Constitution to this State, when the same was read Paragraph by Paragraph, amended, passed, and ordered to be engrossed.

Resolved, That a fair and correct copy of the said Constitution and Bill of Rights, and signed by the President and Secretary, be transmitted to Mr James Davis, Printer of this State, with directions that he do immediately print and distribute a number of copies to each county in this State.

William Health, of Newbern, who was charge with Toryism and being unfriendly to the Rights of America, appeared before the House.

Ordered, That he be referred to the Committee of Inquiry for examination.

The Congress adjourned till To-morrow morning 10 o'clock.

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Thursday, December 19th, 1776.

Met according to adjournment.

Resolved, That Mr Philemon Hawkins be allowed the sum of £47 10s. for boarding Governor Martin's servants and feeding his Horses, to be paid out of the money arising from the sale of said Horses, and that Col. Long pay him the same, and take his receipt for such money.

Information having been made to this House that the sum of £100 5s, part of £2,000 paid last Congress to Mr Council and Mr Richardson, at the time of his death was taken by his Murderers,

Resolved, That the Committee of Accounts be ordered to inquire into the Facts, and report them to the House, with their Opinion thereon.

On the Petition of John Ryley, and several of the Inhabitants of the County of Orange, submitting the said John Ryley to the mercy of the Congress, for certain misdemeanors therein mentioned, the House considering the same, and finding it certified that in the late Expedition against the Cherokee Indians he served and behaved as a good and useful solider,

Resolved, That the said John Ryley, Jun., be received into the protection of this State agreeable to the prayer of the said Petition.

Resolved, That James Salter be appointed Commissary of the 2nd Regiment of Continental Troops raised in this State, in the room of Robert Salter, who resigns.

Resolved, That James Vaughan be appointed Captain in the 7th Regiment of the Continental Army of this State, in the room of Josiah Cotton, resigned; Allen Ramsey First Lieutenant in Captain James Vaughan's Company, of the 7th Regiment; Joshua Daily, First Lieutenant in Capt. John Poynter's Company, of the 7th Regiment, in the room of William Snowden, resigned; and Arthur Sledge, Ensign in James Macon's Company, of the 7th Regiment, in the room of James Myrick, resigned

Resolved, That no salted Pork, Beef or Bacon be exported out of this State, until the expiration of six months: Provided always, That any person importing Salt, Arms or Ammunition into this State shall be allowed to export Pork, or any other commodity, of the Growth and Produce thereof, to the value of such Salt, Arms or Ammunition imported; and that the Commissioners or Collector of every Port see this Resolve carried into execution.

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It appearing to this House that many articles necessary to the support of this State cannot be procured, unless Permission is given to export Lumber, therefore,

Resolved, That the Inhabitants of this State, and the People of all such Countries as are not subject to the Kings of Great Britain and Portugal, be permitted to export Staves and Heading to any Port or place beyond the Seas, the Dominions of the said Kings of Great Britain and Portugal only excepted.

Resolved, That Mr Isaac Gregory, Mr William Ferrebe, and Mr Abner Harrison, do let or rent out, in the month of January next, at public Vendue, the Plantations and other Estates not perishable of Thomas Macknight and James Parker, laying in the Counties of Pasquotank and Currituck, for the term of one year, and make return of their Proceedings to the next General Assembly.

Resolved, That Mr John Ashe, Mr Harnett, Mr Sharpe, and Mr Neale, be a Committee to inquire into the petition of the Reverend John Wills, and make report to the House.

The Committee appointed to consider the petition of John Lowry, Attorney for a certain Jonathan Davis, of Massachusetts Bay, reported as follows, viz.:

It appears to your Committee from the confession of Southworth Collier, made before the Committee of Pasquotank County the 5th day of June last, against whom the said petition was exhibited, and from sundry papers produced before your Committee, that on or about the month of March, 1775, the said Jonathan Davis chartered a certain vessell called the Hannah from a certain Barnabus Hedge, and placed and appointed the said Southworth Collier Captain thereof, on an intended voyage from Boston to North Carolina, thence to the West Indies, and back to Boston again; that the said Collier did not complete the intended voyage, but deviated therefrom, without Intentions so to do, and hath lately sold the said vessel and changed the Register thereof, with design, as your Committee conceive, to defraud the said Davis. From all which circumstances, your Committee are of Opinion the Interposition of this House in Favour of said Davis, is necessary to compel the said Collier to give security for reparation of damages, and restoring of said Vessel. All which is humbly submitted to the House.

DEMSEY BURGESS, Chairn.

The House taking the said report into consideration concurred therewith.

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The House resumed the consideration of the report of the Committee to whom was referred the most speedy method of embodying 5,000 of the militia of this State, agreeable to a resolution of the Continental Congress, and the same being read, was rejected.

The Committee of Inquiry reported as follows, viz:

Your Committee having examined William Heath of Newbern, Innholder, and upon hearing Evidence, it appears that the said William Heath, at divers Times, and in different places, hath made use of Expressions tending to dissuade the good people of this State from opposing the measures of the British King to enslave America, and that the said Heath hath been at two different times apprehended, and had before the County and Town Committees at Newbern, and that the said Heath, being considered as an Enemy to this State, the Oath prescribed by the Council was administered, since which he hath continued to behave himself disorderly.

Your Committee are therefore of Opinion that the said William Heath be removed from this Town to some County not less than 100 miles from Newbern, there to remain twelve months, and that he take an Oath to this State, and in mean time be of good behaviour. All which is submitted to the House.

THOMAS JONES, Chaira.

The House taking the said report into consideration, concurred therewith

Resolved, That the said William Heath be parrolled to the County of Northampton, and that he remain within six miles of the Court House in said County for and during the Term of twelve months from this day.

The Congress adjourned till tomorrow morning 10 o'clock.


Friday, December 20th, 1776.

Met according to adjournment.

The House taking into consideration the necessity of appointing Delegates to attend the Continental Congress in behalf of this State,

Resolved, That William Hooper, Joseph Hewes, and Thomas Bourke, Esquires, be and they are appointed Delegates to attend the Congress of the United States of America, in behalf of this State, until such time as the General Assembly shall direct; and they are invested with such Powers as may make any Act done by them, or

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any of them, or consent given, in the said Congress, in behalf of this State, obligatory upon every Inhabitant thereof.

Resolved, That William Hooper, Joseph Hewes, and Thomas Bourke, Esquires, Delegates appointed by this Congress to attend the General Congress at Philadelphia, or such other Place as may be appointed, be allowed at the rate of 2,000 Dollars each per annum for performing such services, to be paid by the Public Treasurers, or either of them, who are impowered to draw on the Continental Treasury for the same, and shall be allowed in their accounts with the Public.

Mr John Cooper appeared in Congress, and resigned his Appointment as Commissary to the two independent companies stationed on the Sea Coast at Occacock and White Oak Inlets.

Resolved, That Mr William Sharpe be allowed the sum of £67 for very essential services rendered this State in the late Expedition against the Cherokee Indians in the Brigade under General Rutherford; that the Treasurers, or either of them, pay him the same, and be allowed in their accounts with the Public.

Ordered, That Mr Wright, Mr Birdsong, Mr Willis Alston, and Mr Parmerle have Leave to absent themselves from the services of the Congress.

The House being informed of the distressed situation of Patience Cooper, of Watauga, with eight small children, whose Husband was lately killed in a scouting Party against the Indians,

Resolved, That the said Patience Cooper be allowed the sum of £100 for the subsistence of herself and children; that the Treasurers, or either of them, pay her the same, and be allowed in their accounts with the public.

It being represented to the House that Isaac Bates and Richard Flutcher, of Watauga, in a late expedition against the Indians, received wounds which occasioned each of them to lose an arm, whereby they are rendered incapable of getting their livelihood, and that they are objects of public bounty,

Resolved, That the said Isaac Bates and Richard Flutcher be allowed each the sum of £15 per annum.

That the Treasurers, or either of them, pay the same on their producing certificates from any three of the Justices of the County or settlement in which they reside, that they are objects of public bounty; and that the said Treasurers pay them immediately their first annual allowance.

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The House being informed that Jarrat Williams, who was settled near the Indian country, had left the same, and sacrificed the greatest part of his property to give intelligence to the frontier inhabitants of this State of the hostile intentions of said Indians,

Resolved, That the said Jarrat Williams be allowed the sum of £100 in consequence of his meritorious services rendered this State.

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

Resolved, That such horses as were lost on the Cherokee expedition, by unavoidable accident, killed, stole or taken by the enemy, shall be paid for by the public, provided the owner or driver shall make oath that they were not left designedly, or lost by reason of neglect or want of care, and that due pains were taken to recover them; and that this be instructions to the committee appointed to examine the claims for said horses.

Resolved, That Mr Wade, Mr Battle and Mr Love, be a committee to re-examine the accounts of Mr Charles Medlock, and make report to the House.

Resolved, That the ensuing Assembly shall be held at Newbern, in the County of Craven, on the 2d day of April next.

Mr Maclaine, from the committee to consider of and prepare the business necessary to be done by this Congress, laid before the House an ordinance for appointing a Governor, Council of State, and Secretary, until next General Assembly.

Ordered, The said ordinance be read. Read the same the first time.

Ordered, The said ordinance be read a second time. Read the same a second time, amended, passed.

Ordered, The said ordinance be read the third time. Read the same a third time, amended, passed and ordered to be engrossed.

The Congress Adjourned till tomorrow morning 9 o'clock.


Saturday, December 21st, 1776.

Met according to Adjournment.

Ordered, That Jacob Blount, Esq., Paymaster to the Continental Troops of this State, be directed to settle the accounts, and pay any ballance that may appear to be due to James Blount, Esq., late a Captain in that service.

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Resolved, That Asail Gregory, Solomon Oakly and Demsey Gregory, be allowed the sum of £2 for apprehending and conveying to headquarters two deserters belonging to the Continental army; and that the Treasurers, or either of them, pay the same.

Resolved, That Barnabas Stephens be allowed the sum of £7 for apprehending and conveying to Head Quarters seven Deserters belonging to the Continental Army; and that the Treasurers, or either of them, pay the same.

Resolved, That John Maclaine be allowed the sum of £3 10s. the balance due him for apprehending five Deserters and delivering them at Head Quarters; and that the Treasurers pay him the same.

Resolved, That Solomon Glass and Thomas Price be allowed 20s. for taking up and conveying to Head Quarters a Deserter belonging to the Continental Army, and that the Treasurers or either of them pay the same.

Resolved, That Thomas Owen be allowed the sum of £4 for taking up four Deserters, and conveying them to Head Quarters, belonging to the Continental Army; and that the Treasurers, or either of them pay the same.

This House having received Information that the horse, saddle and bridle taken from Lieutenant Francis Frazier, and ordered to be returned to him, are now employed in the Public Service, therefore,

Resolved, That the Treasurers, or either of them, pay the said Frazier the sum of £35 for the horse, and £5 for saddle and bridle.

Resolved, That Capt. Dickenson be appointed and authorized to conduct the Prisoners of War now in this State to ——, Pennsylvania, and deliver them to the Order of the Continental Congress, and that the Treasurers, or either of them, advance him the sum of 500 dollars, to enable him to perform this service, and that his Excellency the Governor be requested to certify the names of the Prisoners, and give a letter of credence to the said Capt. Dickenson, in behalf of this State.

Resolved, That Thomas Jones and Thomas Benbury, Esqrs., be appointed Commissioners to take the depositions of Emperer Moseley, late master of the Brigantine Joseph, taken by a Privateer belonging to the State of Massachusetts Bay, and such Seamen and Mariners belonging to the said Brig as may have returned to this State, in order that such Depositions may be annexed to the Remonstrances

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ordered by this House to be sent to the General Congress and Assembly of Massachusetts Bay.

Resolved, That Col. Nicholas Long, Quartermaster General for the Continental Troops in this State, in consideration of the great duty he has to perform, be allowed to draw 80 dollars per month for his pay.

Resolved, That Col. Nicholas Long, Quartermaster General for the Continental Troops in this State, be allowed to appoint an Assistant Quarter Master.

Resolved, That Mr Christopher Neale, Mr Edward Starkey, and Mr James Blount, Commissioners appointed by this House to procure and purchase Anchors, Guns, Rigging and Canvass for the Gallies building in Virginia, for the protection of the Trade of Occacock, be impowered to draw on either of the Treasurers of this State for a sum not exceeding £2000 to answer the above purposes, and that they give bonds for the faithful application of the same, to the President of this Congress.

Whereas, the manufacturing muskets and bayonets are absolutely necessary for Defence and Protection of this State, and in order that Gunsmiths may be the better enabled to carry on such manufactory,

Resolved, That there shall be paid to the person or persons who shall manufacture muskets and bayonets, of the description mentioned in the Resolve of the last Congress, out of the Public Treasury, the sum of £6 for every musket and bayonet so manufactured.

Mr Maclaine from the Committee to consider and prepare the Business necessary to be done by this Congress, laid before the House an Ordinance to appoint certain Commissioners to revive the Statutes and Acts of Assembly heretofore in Force and Use in North Carolina, and to prepare Bills for the consideration of the next Assembly, which was read.

Ordered, The said Ordinance be read a second Time. Read the same a second Time, amended and passed.

Ordered, The said Ordinance be read a third Time. Read the same a third Time, amended, passed, and ordered to be engrossed.

Mr Thomas Jones, from the Committee &c., laid before the House an Ordinance for appointing Collectors at the Ports of Currituck, Roanoke, Bath, Beaufort, and Brunswick, which was read.

Ordered, The said Ordinance be read a second Time. Read the same a second Time, amended and passed.

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Ordered, The said Ordinance be read a third time. Read the same a third Time, amended, passed, and ordered to be engrossed.

Mr Thomas Jones, from the Committee &c., laid before the House an Ordinance to secure the Titles of Church Lands and Houses of Public Worship to the Proprietors thereof, and quiet them in the peaceable Possession of the same, which was read.

Ordered, The said Ordinance be read a second Time. Read the same a second Time, amended and passed.

Ordered, The said Ordinance be read a third time. Read the same a third Time, passed, and ordered to be engrossed.

Mr Thomas Burke, from the Committee &c., laid before the House an Ordinance to enable certain Inhabitants of certain counties therein mentioned, and the District of Washington, which was read.

Ordered, The said Ordinance be read a second Time. Read the same a second Time, amended and passed.

Ordered, The said Ordinance be read a third Time. Read the same a third Time, amended, passed, and ordered to be engrossed.

Mr Jones from the Committee &c., laid before the House an Ordinance to impower the Governor to issue a Proclamation, requiring all Persons who have at any time, by taking Arms against the Liberty of America, adhering to, comforting or abetting the Enemies thereof, or by words disrespectful, or tending to prejudice the Independence of the United States of America, or of this State in particular, to come in before certain Days therein mentioned, and take an Oath of Allegiance and make submission, on Pain of being considered as Enemies and treated accordingly, which was read.

Ordered, The said Ordinance be read a second Time. Read the same a second Time and passed.

Mr Thomas Jones, from the Committee &c., laid before the House an Ordinance for revising, enforcing, and putting into Execution so much of an Act of Assembly, passed at Newbern the 19th day of March, 1774, intitled An Act for establishing Inferior Courts of Pleas and Quarter Sessions in this Province, and for regulating the Proceedings therein, &c., which was read and passed.

Mr Burke, from the Committee, &c., laid before the House an Ordinance for ascertaining the mode of Balloting, and the number of days for taking the poll, at all future Elections for members to serve in the Senate and House of Commons, which was read and rejected.

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Mr Avery, from the Committee, &c., laid before the House an ordinance declaring what shall be Treason, and for punishing the same, and other crimes and practices against the State, which was read.

Ordered, The same be read a second time Tomorrow morning.

Mr Avery, from the Committee, &c., laid before the House an Ordinance declaring certain practices misdemeanors against the State, and for punishing the same, which was read.

Ordered, The said Ordinance be read a second time Tomorrow.

Mr. Thomas Jones, from the Committee, &c., laid before the House an Ordinance to establish Courts for the trial of criminals in each district within this State, and for vesting in the several Inferior Courts the power of appointing Jurymen for the said district Courts, and constituting Judges to preside therein, which was read.

Ordered, The said Ordinance be read the second time Tomorrow.

Mr Samuel Ashe, from the Committee, &c., laid before the House an Ordinance to establish and inforce the Statute Laws, and such parts of the Common Law of Great Britain, heretofore in use here; also to inforce such resolves of the Continental Congress, and the Congress of this State, which have not had their effect, which was read.

Ordered, The said Ordinance be read again Tomorrow.

Resolved, That the Committee appointed to settle the Accounts of of Mr Matthew Locke be discharged.

It appearing to the House that there was an Error of £3 in Griffith Rutherford's Account rendered last Congress at Halifax, in Favour of the Public,

Resolved, That the Treasurers, or either of them, pay him the same, and be allowed in their Accounts with the Public.

Resolved, That Cornelius Harnett, Esq., be appointed Vice President of this Congress.

Resolved, That John Doak be permitted to retire at Cross Creek for the space of two months, at the Expiration of which to return on his parole, and that he virtually observe the Indulgence given him by Congress

The Committee appointed to examine the Accounts of Charles Medlock reported as follows, viz.:

Your Committee, on due Examination of the Vouchers to the said Accounts, find that there remains due to the said Charles Medlock, for the payment of the Battalion under his command in the

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Expedition to Wilmington in May last, the sum of £59 14s. 6d., which your Committee humbly submits to the House.

The House taking the said report into consideration, concurred therewith.

The Committee appointed to enquire into the cargo and crew of the Transport Brig, Capt. Bishop, lately cast away to the Southward of Occacock Bar, reported as follows, viz.:

Your Committee reported that the Brigantine Aurora, John Bishop Commander, sailed from Portsmouth in England, the 19th of September last, in the service of the King of Great Britain, as a Victualling Vessel, in company with 16 sail in the same Business, under the convoy of the Mermaid Frigate, and two armed ships, bound for New York. That the cargo of the said Brig consisted of Beef, Pork, Bread, Flour, Pease, Oatmeal, Rice, Raisins, Rum, Butter, Vinegar, &c., for the use of the Navy at New York.

That on the night of the 11th of November last the said Brig was stranded on the Sea Shore, about 12 miles to the South West of Occacock Inlet, where she bilged, and the Cargo greatly damaged, Part whereof hath since been collected together, and is now stored at Beaufort, under the care of Capt. Enoch Ward, of the Independent Company stationed there.

That the Cargo saved, agreeable to Invoice produced by Capt. Ward, amounts in Value to near £1000, great Part of which Articles are perishable, and will require a speedy sale.

That the master of said Brig is now in Halifax, under the care of Capt. Ward, and the mate and five men are at Beaufort Town, in Carteret County.

JOHN ASHE, Chair.

The House taking into consideration the said Report,

Resolved, That the Court of Admiralty proceed immediately to a trial of said Brigantine and her cargo, and that the Captain and such of the Mariners as refuse to enter into the service of this State, or any merchant Vessel thereof, be sent to Philadelphia after the payment of their wages.

The Committee appointed to consider of Ways and Means for furnishing the Inhabitants of this State with Salt, reported as follows, viz.:

Your Committee are of Opinion that Mess. Thomas Williams and John Blount be appointed Agents for this State, to proceed immediately

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to the Island of Bermuda, and any Island or Islands in the West Indies, the Dominions of Great Britain only excepted, with discretionary Power to purchase, or otherwise agree for, and send in any Quantity of Salt which the Governor and Council shall direct.

That the said Agents shall consign all such Salt as they shall purchase, or otherwise agree for, to such Commissioner or Commissioners as shall be appointed by the Governor and Council at the different Ports in this State to receive the same; and such Commissioners shall proportion all such cargoes of Salt as shall be imported into this State to the number of Inhabitants thereof, and shall permit no more to be sold to any one County in this State than in Proportion of the Inhabitants of such County. And in order to ascertain the number of Inhabitants, the said Commissioners shall estimate the same by the Lists returned by the Committees to the President of the late Congress; and where none such have been returned, by the last list of Taxables taken in such county respectively, allowing for each Taxable the number of four souls. And the Commissioners shall give notice to the several Counties of this State, upon the Arrival of any cargo or cargoes of Salt, setting forth the Quantity proportioned to such County, and if the Salt allotted for any County shall not be taken away by the Inhabitants thereof within a Term, to be computed at the Rate of three Days for every 20 miles the Court House of the County may be distant from the Place where the Salt shall be, (such Term to commence ten Days after notice shall be given at the said Court House) the said Commissioner or Commissioners shall be impowered to sell the same at Public Sale, after giving 20 Days' notice at the place where the Salt shall be; provided that the Governor and Council shall have Power to prolong the Term if they shall think it necessary or expedient. And that the said Agents, or either of them, have power to draw on the Treasury of this State for any sum not exceeding 6250 Dollars, for the Purpose aforesaid.

Your Committee are further of opinion, that if a sufficient quantity of salt cannot be sent to this State without insuring the vessels in which it comes, that the said agents shall have full power to insure for that purpose, on the best terms, to the amount of £10,000 on the faith and credit of this State.

It is further the opinion of your Committee that his Excellency the Governor, with the advice of the Council of State, shall give such directions, from time to time, to said agents, as shall appear to

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be necessary for the purpose aforesaid, and recall them when thought proper.

It is further the opinion of your Committee, that the said agents each give bond with security to his Excellency the Governor for and in behalf of this State, in the sum of £10,000 for the faithful discharge of the trust reposed in them, all which is humbly submitted by your Committee.

The House taking the said report into consideration, concurred therewith.

The Committee appointed to inquire into the conduct of Corsamo DeMedeci, Lieutenant of the 3rd Company of Light Horse on the Continental service in this State, reported as follows, viz,

It appears to your Committee, from information of Captain Jones that he is haughty, imperious and neglectful of duty; and from the testimony of John McIlroy, Randel Robison, Samuel Thomison and Howell Rowell, that the said DeMedeci, since the resignation of James Jones, Capt. of the said company, hath received from the paymaster the pay for his soldiers, which he hath withheld from them, and on application for the same pleads inability; that he is in debt to many of them, for money actually borrowed; that he hath frequently lent and hired out many of the horses belonging to the Company, by means whereof they are much abused; that he is much addicted to gaming, and hath sported away near £100 belonging to the public; that he seldom attends any public duty; that he treats his soldiers with great indifference and inhumanity.

It is therefore the opinion of your Committee, that the said Corsamo DeMedeci ought immediately be tried by a Court Marshal, on the accusations aforesaid, and that the commanding officer be served with this resolve, all which is humbly submitted.

Wm SHARPE, Chair.

The House taking the said report into consideration, concurred therewith.

The Committee appointed to inquire into the state of the Salt Works carrying on near Core Sound, at Newport River, in Carteret County, and for settling the accounts of the commissioners, &c., reported as follows, viz,

That Mr Richard Blackledge hath purchased 15 acres of Land, situate at the mouth of Core Creek, for the purpose of carrying on

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the business of making salt, that a deed of conveyance was taken by the said Blackledge, as Commissioner in Trust for the use of the Public of this State.

It also appears to your Committee that the said Richard Blackledge hath received from the Southern Treasurer £1,000 and that the said Blackledge hath expended of the said sum, for the purchase of the land, Labour and Workmen, Provisions, Tools, Boats, Kettles, and other Articles necessary, and for his services, the sum of £906 5s. to the 30th of November last, as per the account on Oath, and several vouchers produced, will appear; that a balance remains in the hands of the said Blackledge of the sums of £101 15s. 10d.

That one set of works is nearly compleated the same is well executed, and that three kettles are put up in a proper Furnace for the purpose of boiling and making salt.

That the foundation of the Salt Pond and the Works is of good clay, and capable of very extensive additions, and in all probability will answer the purposes intended, and will, if properly managed, produce great Quantities of that very useful Article, Salt.

Upon the whole your Committee are of Opinion that a proper Person be immediately appointed to superintend and carry on said Works, in the most effectual manner, and that such further sum as this House may think sufficient be advanced, as Occasion may require, for that purpose. All which is humbly submitted.

CHRISTr NEALE, Chairn.

The House taking the said report into consideration, concurred therewith.

Mr Blackledge then appeared and made the following Proposals to the Congress, to wit:

Proposals made by Richard Blackledge, respecting carrying on the Public Salt Works at the mouth of Core Creek, on his own Private Account:

That if this Honourable Congress will extend the time for the payment of the premium, to be paid to any Person who shall make a certain quantity of salt, that was passed at Hillsborough, six months longer, and will give the said Blackledge a draught on the Continental Treasury for £1,500, this sum shall also be laid out as soon as possible for erecting more Salt Works, both by Boiling and Evaporation, and he shall have the Salt Pans that's now making for

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this Province when they arrive, on paying the first cost and Expences on them.

The above sum of £1,500 with the sum of £1,000 already received from the Treasurer of the Southern District the said Blackledge will give bond and security to repay to this State in 12 months from the receipt of it, free of interest.

The said Blackledge will oblige himself his Heirs, &c., to build a ware house sufficient to hold 1,000 bushels of Salt, and will deliver to Commissioners to be appointed for that Purpose, the first 30,000 Bushels he shall make, at 8s. Proc. Money per Bushel.

The said Commissioners shall receive the salt at any time when there is 100 bushels ready to be delivered and give a receipt for the same, on proper Notice from said Blackledge, or his agents, that it is ready to be delivered; and he shall sell none at a higher price than 8s. per Bushel to any of the Inhabitants of this State during this War, and if the said Blackledge discovers any vacant Lands on Newport River or Core Creek, from whence wood can be got to help to supply the boiling works with wood, on his entering in the Secretary's Office the Quantity and Location of the Lands, and paying the cost of securing the same when the Land Office is Opened, shall be entitled to the Preference of the same.

The foregoing proposals being read and considered in this House, Resolved, That they be agreed to, and that the lands purchased by said Blackledge shall be vested in him, his Heirs and Assigns.

The Congress adjourned till tomorrow morning 9 o'clock.


Sunday, December 22d, 1776.

Met according to adjournment.

Ordered, That no more money be advanced to William Kennon than has been already paid him, in consequence of his bond, with Abner Nash Security, dated the — day of December, 1776, for the sum of £10,000, the said Abner Nash declaring that he meant to be security for no more than the sum already advanced to him, £2,000.

Resolved, That Jacob Justice be allowed the sum of £15 6s. to enable him to make recompence to the surgeon which cured him of wounds which he received in the late expedition against the Indians; and that the Treasurers, or either of them, pay him the same.

Ordered, The ordinance for the better establishing the Bill of Rights, &c., be read the second time. Read the same a second time, and rejected.

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Ordered, The ordinance to impower the Governor to issue a proclamation, &c., be read a third time. Read the same a third time, amended, passed and ordered to be engrossed.

Ordered, The ordinance to enforce the Statute Laws, &c., be read a second time. Read the same a second time and passed.

The Chairman of the Committee of Claims laid before the House the report of that committee, which were read and concurred with.

Resolved, That Mr James Mills be allowed the sum of £8 for his attendance at this Congress, in order to give information respecting the Iron Works in Chatham County; that the Treasurers, or either of them, pay him the same, and be allowed in their accounts with the public.

Ordered, The ordinance to enforce the Statute Laws, &c., be read a third time. Read the same a third time, amended, passed, and ordered to be engrossed.

Resolved, That Francis Lynaugh be allowed the sum of £10 for his attendance at this present Congress; that the Treasurers or either of them, pay him the same, and be allowed in their accounts with the public.

Resolved, That Solomon Sheppard be appointed Commissary to the two Independent Companies stationed at Occacock and Core Sound, in the room of John Cooper, resigned, and that he enter into bond for the faithful discharge of his said office.

Resolved, that the Treasurers or either of them, pay into the hands of Zedekiah Stone, the sum of £140 to enable him to purchase guns for the use of the troops in this State; and that the said Treasurers be allowed in their accounts with the public.

Resolved, That Jacob Barrow be appointed first Lieutenant in Capt. Henry Dawson's Company of the 7th Regiment, Benjamin Baily, second Lieutenant, and Hudson Whitaker, Ensign of the same Company.

Resolved, That Abraham Daws be appointed Adjutant to the 7th Regiment of Continental Troops in this State.

Mr Jones from the Committee, &c., laid before the House an ordinance for appointing certain commissioners therein named to procure a Great Seal for this State, and other purposes therein mentioned laid the same before the House which was read.

Ordered, The said ordinance be read a second time. Read the same a second time, amended and passed.

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Ordered, The said ordinance be read a third time. Read the same a third time, passed and ordered to be engrossed.

Mr Jones from the Committee, &c., laid before the House an ordinance directing the qualification of members of the General Assembly and public officers, which was read.

Mr Abbot laid before the House an Ordinance to regulate the marriages in this State until the next session of Assembly, which was read.

Resolved, That in all suits and actions now depending, or which hereafter may be commenced for any matter where the cause of action shall have heretofore arisen, or may arise before the end of the next session of Assembly, the depositions of any witness or witnesses, taken before two Justices of any Inferior Court, in presence of the adverse party, or his Agent, if upon notice he thinks fit to be present, or upon notice he refuses to be present, the notice being proved, ought to be received as good Evidence in any of the Courts of this State which may be established, provided such witness or witnesses cannot be had at the trial of the Cause in which such depositions shall be taken; and that this Resolve shall be in force until the End of the next session of Assembly, and no longer.

Resolved, That Richard Cogdell, Esq., be appointed Judge of the Court of Admiralty for the Port of Beaufort, in this State.

Resolved, That Lancelot Johnston be appointed Chirurgeon to the 9th Regiment.

Resolved, That Col. Benjamin be restored to the Command of the Militia of the County of Tyrrell in the room of Clement Cook.

Resolved, That George Powers be appointed Paymaster to the Independent Company on the Sea Coast, stationed at Currituck Inlet.

Resolved, That John Plummer be allowed £5 the balance due him for his attendance on the Council of Safety as Doorkeeper; and that the Treasurers, or either of them, pay him the same.

Resolved, That Thomas Amis be appointed Commissary of the 3d Regiment of Continental Troops in this State, instead of William Amis, resigned; and that the Treasurers, or either of them, advance to him the sum of £2000, he giving Bond and Security, &c.

Resolved, That John Bishop, heretofore master of the Brig Aurora, lately stranded on the Sea Coast of this State, on taking the Oath of Allegiance, be enlarged and permitted to depart in any ship or vessel belonging to this State, or any State in Alliance.

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Resolved, That the sum of £741 13s., paid into the Committee of Accounts by the Southern Treasurer, and the sum of £124 16s. 6d., paid by the Northern Treasurer in ragged and old bill money, be burnt this afternoon by a committee of the whole House.

It also appears, by the Report of said Committee, that the Southern Treasurer has paid into the hands of said committee £6716 19s. on the Sinking Fund, and the Northern Treasurer £989 14s. on the same Fund.

Resolved, The aforesaid two sums, amounting in the whole to £7706 13s., be borrowed, and placed in the hands of Samuel Johnston, Esq., to be applied to defray the contingencies of this State.

Ordered, The Ordinance for appointing Justices of the Peace and Sheriffs, &c., be read a second time. Read the same a second time, amended and passed.

Ordered, The said Ordinance be read a third time. Read the same a third time, amended, passed and ordered to be engrossed.

Mr Burke, from the committee, &c., laid before the House an Ordinance for supplying the Public Treasury with money for the exigencies of this State, &c., which was read.

Ordered, The said ordinance be read a second time. Read the same a second time and passed.

Ordered, The said ordinance be read a third time. Read the same a third time, amended, passed, and ordered to be engrossed.

Ordered, The ordinance to establish Courts for the trial of criminals in each district, &c., be read a third time. Read the same a third time, amended, passed and ordered to be engrossed.

Mr Coor laid before the House an ordinance for the appointing a Treasurer for the Southern District, in the room of Richard Caswell, Esq., which was read.

Ordered, The said ordinance be read a second time. Read the same a second time and passed.

Ordered, The same be read a third time. Read the same a third time, amended, passed and ordered to be engrossed.

Mr Maclaine laid before the House an ordinance declaring who shall be Governor of this State until the end of the session of the next General Assembly, in case of the death, resignation or absence of his Excellency Richard Caswell, Esq., appointed Governor by this Congress, which was read.

Ordered, The same be read a second time. Read the same a second time, amended and passed.

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Ordered, The same be read a third time. Read the same a third time, amended, passed, and ordered to be engrossed.

Ordered, The ordinance declaring certain practices misdemeanors against the State, and for punishing the same, be read a second time. Read the same a second time, amended and passed.

Ordered, The same be read a third time. Read the same a third time, amended, passed and ordered to be engrossed.

Ordered, An ordinance concerning marriages, be read the second time. Read the same a second time, amended and passed.

Ordered, The same be read a third time. Read the same a third time, amended, passed and ordered to be engrossed.

Resolved, That such Commissaries of the Continental Army as have settled with the public, and accounted for such monies as they have heretofore received for the use of the troops, shall receive from the Treasurers £1000 together with such sums of money as are now due to them from the public.

Ordered the ordinance directing the qualification of members of the General Assembly, and all officers civil and military, be read a second time. Read the same a second time, amended and passed.

Ordered, The said ordinance be read a third time. Read the same a third time, amended, passed and ordered to be engrossed.

The Congress adjourned till To-morrow morning 9 o'clock.


Monday, December 23d, 1776.

Met according to adjournment.

The Committee appointed to inquire into the best method of carrying on the Iron Works in Chatham County, &c., reported as follows:

That John Wilcox and William England, of Chatham County, have received from the Commissioners appointed by the Congress held at Halifax in the month of April last, the sum of £500, to secure which the said Wilcox and England have, by Mortgage, bearing Date the 26th day of June, 1776, and by a Bond in the Penalty of £2000, secured the Public for the Repayment of the said sum, and by the said Bond also covenanted and agreed to proceed with Dispatch in compleating the Furnace on Tick Creek in said County, and putting the same in Blast, and should not only with the utmost Expedition compleat the said Furnace, and put the same in Blast, but should at all Times thereafter, when in Blast, furnish to the Provincial Founder such Quantities of melting Metal as from Time to Time, and at all Times during two years, when it should be

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wanted or required for the casting of Cannon, Balls, or such other Castings as might be found necessary for the service of the Country, at the Price that cast Iron then should bear, deducting therefrom the charge of casting.

That in order to carry on the founding Business to advantage, your Committee find it necessary that the following Houses should be built, and the following Articles provided for that and other Purposes to wit: A Casting House, 20 Feet square, a Pottery 24 Feet by 18, a Dwelling House and convenient Out-Houses for the Manager or Superintendent, Artificers and Labourers; also a boring Mill, with an undershot Wheel, as near as possible to the Casting House, Locks, Hinges and Nails, Tools and Bedding for the Negroes, a Bed and Furniture for the Manager, and other necessary Furniture in the House, and Bedding and Necessaries for the Workmen.

That a founder of Cannon and Cast Iron Ware in all its Branches, and a Founder of Cannon Ball and open Work, are already provided by Order of the Council of Safety. That a House Carpenter and Blacksmith will be wanted, and a Turner must be employed for some months to turn molds and Patterns of Ordnance and Cannon Ball, and Tools for the several mechanics will be wanted, also a Waggon and Team, for the purpose of hauling in heavy Pieces of Timber and Framing, and that it will be most eligible to hire such Waggon.

That twelve slaves, including a woman and boy, are necessary for carrrying on the Foundry. Provisions and Salt must be instantly provided by Persons on the spot, and a large Beam, Scales and Weights, must be supplied.

It appears to your Committee that there is a large body of rich Ore, sufficient for Ages in Vacant Land, large Bodies of vacant land to supply charcoal. Pit Coal and Hearth Stone on the lands which are sa d to be the Property of Herman Husbands, about 8 or 10 miles from the Furnace. It is said but not sufficiently authenticated, that there is Plenty of Lime Stone in the neighborhood.

That the Founders from Pennsylvania arrived in this State the 15th day of October last, since which it does not appear to your Committee that these men have been employed in the service for which they were intended, owing in a great measure to the want of metal. If the works are properly supplied with an able manager, necessary Workmen and Labourers, and a sufficient sum of money, your Committee are of opinion that Iron Ordnance of One Ton Weight and

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under, Cannon Ball, Iron Hollow Ware (including Pots, &c.) Chimney Backs, Cast Dogs, and every other Article in that species of Manufactory, necessary for the Inhabitants of this State may be supplied.

That it would be of great advantage to the Inhabitants of this State if a Slitting and Rolling Mill was erected for the purpose of preparing Iron for nails, Plates for Salt Pans, &c, and Your Committee have been informed that a Model of one hath been purchased by one of the Continental Delegates of this State, and that its Arrival may be daily expected.

It appears to your Committee that the Furnace in Chatham County would be ready to be put in Blast, with a sufficient Head of Water, in fourteen days from the 4th day of November last.

Your Committee find that the Land on which the Furnace is situated, and which is mortgaged to the late Commissioners, contains 15 acres and 52 Poles, but though it appears that the mortgage Premises and the bond herein before mentioned, are very sufficient to secure the Public for the money advanced, and the hire of 39 Negroes for one year, Yet your Committee are of opinion that the deeds from the said Wilcox and England to the Commissioners contain no degree of security for supplying the immediate exigencies of the Public, no Penalty being incurred by Wilcox and England for delay or refusal to comply with their Agreement, nor are the Commissioners impowered to sell the mortgaged Premises before the 20th day of June, in the year of 1778; so that although the Public should receive no advantage from the Furnace during that intermediate space of Time, No remedy could be sought for. Upon considering all the Facts and circumstances before mentioned, your Committee have come to the following Resolutions:

Resolved, That as the necessary addition and Improvement to be made at and near the Furnace will be attended with considerable Expence to the Public, the property of Wilcox and England should be purchased, even at the loss of a few Hundred Pounds, if it is possible to procure it.

Resolved, That the lands contiguous to the Furnace, the property of William and Thomas Graves, containing between 12 and 1300 acres, which they hold by deed, as also about 300 acres, which they claim under an Improvement, and all the lands of Balaam Thompson, adjoining to that on which the Furnace stands, and all other

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lands which are private property, and may be beneficial to the Founding Business, should be purchased for the use of the Public.

Resolved, That no vacant land within 10 miles of the Furnace should hereafter be granted by virtue of any Improvement or Settlement hereafter to be made, until the General Assembly shall lay out and ascertain what may be necessary for the use of the Furnace and other Iron Works.

Resolved, That the lands which are said to be the property of Herman Husbands, on which there is Pit Coal, Hearth Stone, &c., be purchased, or otherwise secured for the use of the Public.

Resolved, That if John Wilcox and William England refuse to part with the mortgaged premises, it will be necessary to make a new Agreement with them, for the term of at least ten years, that the Public may be indemnified for the expences which must necessarily be incurred.

Resolved, That if they will neither sell their property, or enter into a new Agreement, it will be necessary to preclude them from using any Ore or Timber from the vacant lands, or any other lands for which a legal Title hath not been obtained.

Resolved, That it will be highly advantageous to this State to erect another Furnace, and if no Purchase can be made from, or Agreement with Wilcox and England, such Furnace should be erected on Rockey River, about three or four miles from the present Furnace.

Resolved, That if Balaam Thompson's land can be purchased, the necessary additional Buildings should be erected thereon, otherwise in such Place as the Commissioners shall direct.

Resolved, That the sum of £1000 be paid by the Treasurers, or either of them, to the Commissioners hereinafter named, to be by them laid out and expended in Buildings, paying Workmen, and providing Provisions and necessaries of all kinds, and for paying a manager his Salary and Expences hereinafter mentioned, and also for erecting an additional Furnace and Works.

Resolved, That Mess. Robert Rowan, Jeduthan Harper and Philip Alston be, and they are hereby appointed Commissioners to purchase such Lands as may be necessary, and see that the different Resolves herein before and after mentioned are carried into Execution, and that Mr James Mills be, and he is hereby appointed Manager of the Foundry and all Parts of the said Works, excepting only that of supplying the Founders with melting Metal, while the said Wilcox

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and England continue to perform their agreement; and that the said James Mills be allowed the sum of £150 per annum for his services, exclusive of his Board, Lodging and Expences, when the Public Business requires him to apply to the Commissioners for Money or Instructions for carrying on the said Works, or any other Matter relative thereto, in which the Public may be benefitted.

Resolved, That all Persons employed in the said Works be exempted from all Public Duties whatsoever.

Resolved, That the Commissioners aforesaid do give security in the sum of £2000, payable to the Governor and his Successors, for the due Discharge of their duty; and that the said Manager do give security in the sum of £2000 for the faithful Discharge of the Trust reposed in him, which Bond must be made payable to the Governor and his Successors. All which is submitted to the House.

A. McLAINE,
MIAL SCURLOCK,
THOMAS JONES,
CORNELIUS HARNETT,
NOAH HINTON.

The House taking the said Report into consideration, concurred therewith.

Mr. Jones from a Committee to take into consideration a complaint of Joseph Hewes and Robert Smith, Esqrs., and to prepare a Remonstrance to the General Congress and Assembly of Massachusetts Bay, laid the said Memorial and Remonstrances before the House, which were read, agreed to, and are as follows, viz.:

The memorial of the State of North Carolina, to the Delegates of the United States of America in Congress assembled, sheweth

That about twelve months past, Mess. Joseph Hewes and Robert Smith, of Edenton, merchants and free citizens of this State, loaded a certain Brigantine called the Joseph, under the command of Emperor Moseley, and sent her to Cadiz in Spain, where she was detained until the 19th Day of October by British Ships of War which cruized off the said Port. That on the 11th Day of November last she, the said Brigantine, being on her return to Edenton with 3000 Bushels of Salt, a Quantity of Wine, Jesuits Bark, and other Articles of a very considerable Value, was seized and made a Prize of by a Privateer belonging to Boston, in the State of Massachusetts Bay, named the Eagle, and commanded by Brazilla Smith, and said

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to be the Property of Elijah Freeman Paine, as by the Depositions hereunto annexed will appear.

That the said Capture appears to this State to be a direct Violation of the Peace and Union of the United States, and contrary to the Laws of all civilized Nations in general, and to the Rights of the citizens of this State in particular. This State, ever watchful over the Rights of its Members, expects that strict Justice will be done in the Premises, either by the Captors or the State of Massachusetts Bay, and have no doubt but the Delegates of the United States will effectually interpose to have Justice done injured Citizens, and to punish those atrocious Violators of all Law and Justice, whose Avarice and Rapacity, if not timely checked, cannot fail to be attended with the most fatal consequences to the American Union.

The Memorial and Remonstrances of the State of North Carolina to the State of Massachusetts Bay, represents—

That on the 11th day of November last a Privateer named The Eagle, commanded by Brazilla Smith, and said to be the Property of Elijah Freeman Paine, and belonging to Boston, in the said State of Massachusetts Bay, did upon the high Seas make Prize of a certain Brigantine named the Joseph, the Property of Messrs. Joseph Hewes and Robert Smith, citizens of the said State of North Carolina, and commanded by Emperor Moseley; which Brigantine was loaded with Wine, Jesuits Bark, Salt, and other Articles of considerable Value, and was on her passage to Edenton, in the State of North Carolina aforesaid, as by Depositions hereto annexed will more fully appear.

The aforesaid Capture being contrary to the Law of Nations, and in direct Violation of the Peace and Union of the United States and the Rights of the citizens of the State of North Carolina, the said State expects that the State of Massachusetts Bay will cause Inquiry to be made concerning the Premises, and make effectual Provision against such Violence, and also cause full Restoration and Indemnification to be made to the said Joseph Hewes and Robert Smith for their Brigantine and Cargo, and the Damage occasioned by the capture aforesaid.

The Committee appointed to re-examine Captain William Sheppard's Account, reported as follows, to-wit:

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It appears to your Committee that the said Captain Sheppard, and the men under his command, are only entitled to Pay, on the Service of the Indian Expedition as a Light Horse Company, for 92 Days, including the Time between the 23rd August to the 22nd of November inclusive.

Captain William Sheppard's Allowance, 92 Days, £57 10s.; Lieutenant do. 92 do. £48 6s.; Cornet do. 92 do. £36 6s.; 29 Privates do. 92 do. £667; John Pratt and Bar between them 88 do. £22; John Hayse & Hyde do. 91 do. £22 15s.; Jeremiah Harrison, 52 do. £13; James Short, 51 do. £12 15s.; John Denningham, 51 do. £12 15s. Amounting to £891 17s., which your Committee apprehend ought to be paid to the said Sheppard, and the Men under his Command.

Your committee are of opinion that the commissary's account ought to be re-examined, that rations for 39 days have been allowed over and above what they ought to have drawn, and that there is an error of £315 18s., all which is humbly submitted.

THOMAS PERSON, Chairn.

The House taking the said report into consideration concurred therewith.

Resolved, That Richard Quince, Esq., be appointed Judge of the Court of Admiralty for the port of Brunswick, in this State.

Resolved, That James Childs be parroled to the county of Chowan, and that he remain within limits of said county until further orders.

Resolved, That John Carter be Colonel, John Sevier, Lieutenant Colonel, Charles Robeson 1st Major, and Jacob Womack 2nd Major, for the District of Washington, and that the commissions issue accordingly.

Resolved, That Col. John Carter be supplied with 200 wt. of gun powder from the magazine in Halifax, for the defence of the District of Washington, and Mr Christophor Dudley is hereby directed to furnish him with the same.

Resolved, That a sum of money, allowed by the Committee of Claims to Robert Gillies, attorney for James Gammell and Company of Great Britain, lie in the Treasury until the Legislature shall otherwise direct.

Resolved, That Mr Matthew Lock, Paymaster of the Salisbury District, pay 20s. per day for such waggons employed in the service

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of this State on the late expedition against the Cherokees, as carried 1600 wt.

Resolved, That Richard Burt and Christopher Dudley, Tobacco Inspectors of Halifax, be continued until the next Inferior Court of Halifax County, under the same rules, restrictions and regulations directed by the Act of Assembly, entitled, An Act for amending the staple of tobacco.

Resolved, That the sum of £2,000 be paid to the delegates from the District of Salisbury, and by them paid in such Proportions as they shall think necessary to such persons as have claims on account of the Western Expedition against the Indians; that the Treasurers, or either of them, pay the same, and that the Delegates give security for such money, and be accountable to the Public.

Resolved, That no Attorney shall hereafter be allowed to plead or practice in any Court of Record in this State, until he shall have first taken the Oath appointed by Ordinance of this Congress to be taken by Public Officers.

Resolved, That the persons who were authorized by the Courts Martial or Boards Officers of the respective Counties hereinafter mentioned to receive the Salt taken for the Use of the public at Cross Creek, and ordered to be delivered by Robert Rowan and Peter Mallett, do pay for the Quantities by them respectively received to the Public Treasurers of this State, or one of them, that is to say, William Sheppard for the County of Surry, William Graham for the County of Tryon, Thomas Polk for the County of Mecklenburg, Hugh Montgomery for the first Battalion of Rowan County, Christopher Beckman for the second Battalion of the last mentioned county, Thomas Wade for Anson County, William Moore for Orange County, Ebenezer Folsome for Cumberland County, John Dickerson for Granville County, John Paisley for Guilford County, James Williams for Chatham County, and Joel Lane for Wake County, and that the said persons who have received Salt as aforesaid have notice to pay the same on or before the 2d day of April, agreeable to the bonds which they have respectively given for the payment thereof.

The Committee appointed to inquire into the State and condition of the Salt Works at or near Core Sound, in Carteret County, under the management of Robert Williams, reported as follows, viz.:

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That it appears by account rendered by said Robert Williams, on his solemn affirmation, that he hath, including his own charge for superintending and attendance on this Congress, &c., expended on said Salt Works the sum of £856 9s. 11d.; that he has received from the Public, by the Hands of Mr John Easton, the sum of £500, and for sundry provisions, &c., to the amount of £24 10s., and agreeable to the charges in the said account, a balance of £332 7d. is due to the said Robert Williams for his own Labour, and wages to the people he employed on the works, and material purchased for the purpose.

Your Committee are further of Opinion, from the best Information they have procured that the said Salt Works are incomplete, and not likely to answer the good Purposes intended, and that it would not be prudent to be at any more Expence about them, until a more perfect Inquiry can be made.

Your Committee are further of Opinion, that the Treasurers, or either of them, be directed to pay unto Mr John Easton, the aforesaid Balance of £332 7d., in order that he may be enabled to pay people employed on said Salt Works.

Finally it is the Opinion of your Committee that the said Robert Williams deliver into the Hands of Mr John Easton, of the Town of Beaufort, all the Materials, Tools, and Utensils, he may have in Custody, and purchased for said Works, and now to be found, to be kept by said Mr John Easton, for the Use of the public until further Orders.

CHRISr NEALE, Chairn.

The House taking the said Report into consideration, concurred therewith.

The Committee of Accounts reported as follows, viz.:

Capt. James Council exhibited to your Committee an Account of the late Capt. Nathaniel Richardson, referred by the House to your Committee, by which it appears the said Richardson had received from the Public £1000. That the said Richardson had about him at the Time he was murdered, as appears to your Committee, the sum of £110 5s. Public money, which from the best Information your Committee are able to obtain, was taken by the murderers of the said Richardson; and that the Balance of £888 15s. ought to be accounted for by the said James Council, together with the sum of £1000 advanced by the Public to the said Council and Richardson, to be accounted for by him out of the claims of the Bladen Militia.

J. BRADFORD, Chair.
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The House taking the said Report into consideration, concurred therewith.

Resolved, That the £110 5s. taken from Nathaniel Richardson be allowed in the said Council and Richardson's Accounts with the Public.

Resolved, That Willis Alston be appointed Colonel, Samuel Weldon Lieutenant Colonel, John Geddy First Major, and John Whitaker Second Major of the Militia in the county of Halifax.

Resolved, That the Sheriffs of each County in this State, and also the Sheriffs of Washington District, shall on the 10th Day of March hold an Election by Ballot for choosing one member of Senate, and two members of the House of Commons to represent such County and District, and also one Member of the House of Commons to represent each Town having a Right to Representation in the next General Assembly.

It is further Resolved, That the Candidates of every County and Town shall appoint Inspectors, and where there are no sheriffs, may appoint a Returning Officer to take the Poll; and that every such Sheriff or Returning Officer shall adjourn the Election from Day to Day, not exceeding three Days, unless the Votes shall be sooner taken in, or all the Candidates agree that the Poll shall be sooner closed.

Resolved, That Nathaniel Rochester, Esq., be appointed Paymaster of the Hillsborough Brigade of Militia, in the room of Dr Burke, who resigned the said Office.

Resolved, That Nathaniel Rochester, Esq., be added to the Commissioners for erecting a manufactory of Fire Arms in the District of Hillsborough.

Resolved, That Col. John Carter, of Washington District, be recommended to Mr Calloway, the Agent for the State of Virginia at Chiswell's Mines, to be supplied with 400 wt. of Lead, to be charged by Mr Calloway to the account of this State.

Whereas, by the Death of Miles Harvey, Esq., late Clerk of the Inferior Court of Perquimans County, that Office is become vacant, and the Records and other Papers belonging to that County in said Office may be in some Danger for want of the care of some Person to receive the same into his Possession, therefore

Resolved, That Mr William Skinner take into his care and keeping all the Records and Papers belonging to said County in the

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Clerk's Office, and that he act as Clerk to the said Court until some other Person shall be appointed by the Justices of the Inferior Court.

Resolved, That Mr Thomas Robeson be impowered to hire gunsmiths to repair all the guns now in his possession, that were taken from the Tories in Bladen County, and are not fit for service, and that he be allowed for the same.

It having been made to appear to this House, on oath, that there was burnt, and totally destroyed, in the store house of Ransome Southerland, the sum of £67 9s. in dollar bills and proclamation money,

Resolved, That the said Ransome Southerland be allowed the aforesaid sum of £67 9s. and that the Treasurers, or either of them, pay the same out of the sinking fund, and be allowed in their accounts.

Resolved, Mrs Cotton, wife of James Cotton, of Anson County, be allowed the profits of the plantation of the said James Cotton, and the following negroes: Fanny, Phillis, Joan and a child, now in the possession of Capt. Charles Polk; and that a negro fellow, named Simon, be hired out for benefit of said family by the commissioners for Tory estates.

Resolved also, That the said Capt. Polk be directed to bring from Mecklenburg County to the plantation of the said James Cotton the above negroes, which he removed from thence in March last.

Resolved, That John Dunn be parolled to the county of Rowan to remain within 5 miles of the limits of the town of Salisbury till further orders.

Resolved, That the public printer print and send by expresses one copy of the Journals and Ordinances of this Congress to every Delegate and Justice of the Peace in this state; provided that it shall be sufficient that such as may be destined for the District of Washington be delivered to Col. Martin Armstrong, in the county of Surry.

Resolved, That Mr Christopher Neale, Mr James Green, Jr., and Mr James Glasgow, be appointed a committee to state the accounts of this State with the United States, and deliver the same to the Governor certified under their hands, or the hands of a majority of them, and that the Governor do transmit the same to the Continental Congress.

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Resolved, That the thanks of this House be given Richard Caswell and Cornelius Harnett, Esqurs., for their able, faithful and public spirited services, as President and Vice-President of this Congress.

Resolved, That Cornelius Harnett, Esq., Vice-President of this Congress, be authorized to sign the Journals thereof, and also all Ordinances, not already signed, when the same shall be engrossed; and all such ordinances shall be as valid and effectual as if signed in Congress.

CORNELIUS HARNETT, President.
James Green, Jun., Sec'ry.