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Minutes of the North Carolina Senate
North Carolina. General Assembly
April 07, 1777 - May 09, 1777
Volume 12, Pages 1-113

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SENATE JOURNAL.


State of North Carolina,
Senate, 7th April, 1777.

At a General Assembly begun and held at New Berne, the seventh day of April, in the year of our Lord One Thousand Seven Hundred and Seventy-Seven, being the first Session of this present Assembly.

IN THE SENATE.

The returning Officer of the respective Counties in this State having Certified that the following persons were duly Elected Members of the Senate, to-wit:

Anson County—Mr. David Love.
Bladen—Mr. Thomas Robeson.
Brunswick—Mr. Archibald Maclaine.
Beaufort—Mr. Thomas Respass.
Bute—Mr. Benj. Seawell.
Craven—Mr. Jas. Coor.
Carteret—Mr. James Parratt.
Chowan—Mr. Luke Sumner.
Currituck—Mr. Sam'l Jarvis.
Cumberland—
Chatham—Mr. Ambrose Ramsey.
Dobbs—Mr. Benj. Exum.
Duplin—Mr. Jas. Kenan.
Edgecombe—Mr. Elisha Battle.
Granville—Mr. Memucan Hunt.
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Guilford—Mr. Ralph Gorrell.
Halifax—Mr. John Bradford.
Hertford—Mr. Robert Sumner.
Hyde—Mr. William Russell.
Johnston—Mr. Needham Bryan.
Mecklenburg—Mr. Jno. McNitt Alexander.
Martin—Mr. William Williams.
New Hanover—Mr. Sam'l Ashe.
Northampton—Mr. Allen Jones.
Orange—Mr. Thos. Hart.
Onslow—Mr. William Cray.
Perquimans—Mr. William Skinner.
Pasquotank—Mr. Joseph Jones.
Pitt—Mr. Robert Salter.
Rowan—Mr. Griffith Rutherford.
Surry—Mr. Robert Lanier.
Tyrrel—Mr. Archibald Corrie.
Tryon—Mr. Charles McLean.
Bertie County—Mr. John Campbell.
Washington District—Mr. John Carter.

Pursuant to which the following Members appeared and repeated & Subscribed to an Oath of State prescribed by Ordinance of the last Congress, held at Halifax, to-wit:

Mr. Sam'l Ashe.
Mr. Archibald Maclaine.
Mr. Benj. Exum.
Mr. William Russel.
Mr. Luke Sumner.
Mr. James Coor.
Mr. Memucan Hunt.
Mr. Robert Sumner.
Mr. William Skinner.
Mr. Robert Salter.
Mr. Benjamin Seawell.
Mr. Needham Bryan.
Mr. Ambrose Ramsey.
Mr. Thos. Hart.
Mr. Thos. Respass.
Mr. Joseph Jones.
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Mr. John Bradford.
Mr. Griffith Rutherford.
Mr. John Carter.

Mr. Maclaine proposed for Speaker Sam'l Ashe, Esquire, who was unanimously chosen, and placed in the chair accordingly. The Senate then proceeded to the choice of clerk, when Mr. Jas. Granjims was appointed, and Mr. John Haywood an assistant. At the same time Mr. Edward Saul and Mr. William Murphy were chosen door-keepers to the Senate. The Senate adjourned till to-morrow morning at 10 o'clock.


Tuesday, 8th Apr., 1777.

Met according to adjournment.

Mr. William Williams, the Member for the County of Martin, Mr. William Cray, the Member for the County of Onslow, Mr. Archibald Corrie, for the County of Tyrrel, Mr. Jas. Kenan, for the County of Duplin and Mr. James Parratt the Member for the County of Carteret appeared and were qualified by repeating and Subscribing to the Oath of State.

On Motion Resolved that Mr. Speaker, Mr. Maclaine, Mr. Cray and Mr. Respass be a Commttee to draw up Rules and Orders to be observed in the Senate, and lay the same before the House.

The Senate adjourned 'til 4 o'clock.

Met According to adjournment.

Mr. John McNitt Alexander the Member from the County of Mecklenburg appeared and was qualified by repeating and Subscribing the Test.

The Southern Treasurer not thinking himself Justified to draw for any Monies during the Sitting of the General Assembly, and he having made application to this House for a further permission.

Resolved That the Southern Treasurer be, and he is hereby empowered to draw Bills on the Continental Treasury for Such sums, or sums of Money as he was empowered to draw for by a late Ordinance of Congress held at Halifax.

Sent to the House by Mr. Maclaine and Mr. Skinner.

Resolved That Mr. Maclaine, Mr. Coor, Mr. Skinner, Mr. Cray, and Mr. Rutherford be a Committee, jointly, with Such Members of the House of Commons as may be appointed to regulate the mode of Transacting business and the Ceremonial to be observed between the two Houses.

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Sent by Mr. Maclaine and Mr. Skinner.

Rec'd from the House of Commons the following Message, to-wit:

Mr. Speaker and Gentlemen of the Senate:

This House having taken into Consideration the Message from the Speaker and Senate Acquainting them that they had appointed Mr. Maclaine, Mr. Coor, Mr. Skinner, Mr. Cray, and Mr. Rutherford on their part to Confer with a Committee to be nominated by this House on the Subject of Regulating the Mode of Transacting business and the Ceremonial to be observed between the two Houses, do on their parts appoint, Mr. Penn, Mr. Jones, Mr. Avery, Mr. Lock, Mr. Person, Mr. Benbury, Mr. Phifer, Mr. Butler, Mr. Tillman, and Mr. Richard Quince, jun. a Committee Jointly to Act with the said Gentlemen appointed of the Senate for the purpose mentioned.

A. NASH, S. C.

The Senate adjourned 'til to-morrow Morning 10 o'clock.


Wednesday, 9th Apr. 1777.

Met According to adjournment.

Mr. Elisha Battle the Member for the County of Edgecomb, and Mr. Robert Lanier the Member for the County of Surry appeared and were qualified by requesting & Subscribing to an Oath prescribed by a late Ordinance of Congress.

Mr. Rutherford laid before the House letters from John Stewart Superintendent of Indian Affairs to Daniel Werdmer, James McDonald, Cressian Reynard & Stephen Graves of this State also a Deposition of John Miller Packhorseman.

At the Same time Mr. Carter laid before the House a letter from Anthony Bledsoe to himself.

Ordered the said Letter & papers be sent to the House of Commons.

Resolved That the following message be addressed to His Excellency, the Governor, and sent to the House of Commons for concurrence.

To His Excellency, Rich. Caswell, Esq., Captain General, Governor, &c., &c.

Sir,

The two Houses of the Gen'l Assembly being now formed,

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acquaint you that they are ready to take under consideration the proceedings of the Council of State, and to receive such dispatches and other matters as have come to your hands since the dissolution of the last Congress.

Sent by Mr. Sumner & Mr. Bryan.

Ordered, that the following message be sent to the House of Commons, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

We send herewith for the perusal of the Members of your House, Intercepted Letters from John Stewart, Superintendent of Indian Affairs, to Individuals in this State. Also the Deposition of John Miller, Packhorseman, and a letter from Anthony Bledsoe to Mr. John Carter, of Washington district.

Sent by Mr. Carter & Mr. Lanier.

The Senate adjourned 'til to-morrow morning 10 o'clock.


Thursday, 10th Apr., 1777.

Met according to adjournment.

Mr. David Love, the Member for the County of Anson County, appeared and was qualified by repeating and subscribing the Oath for the qualification of public Officers.

Rec'd from the Commons the following Message, to-wit:

Mr. Speaker & Gentlemen of the Senate:

Messrs. Thomas Williams & Co., having imported into this State three Hundred Weight of Gunpowder and offered the same to the Public at the price of Ten Shillings per pound, which appearing a reasonable price, this House hath agreed thereto, and ordered that he deliver the same over to the Commissary of Public Stores, and that the Treasurers or either of them pay the said Thomas Williams & Co., for the same at the Rate aforesaid, on their producing the Commissary's receipt for the same, to which Order this House desire your concurrence.

A. NASH, Speaker.

Endorsed in the Senate, Apr. 10, 1777.

Read and concurred with.

SAM'L ASHE, S. S.

The Senate adjourned 'till tomorrow morning 10 o'clock.

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Friday, 11 Apr., 1777.

Mr. Maclaine from the Committee to draw up Rules and Orders to be observed in the Senate reported, and laid the following Rules and Orders before the House, to-wit.

Rules and Decorum to be observed in the Senate.

1. When the Speaker is in the Chair every member may sit in his place with his head Covered.

2. Every Member shall come into the House uncovered, and shall Continue so at all times, but when he Sits in his place.

3. No Member in coming into the House removing from his place, shall pass between the Speaker and any member Speaking; nor shall any Member go across the House, or from any part thereof to the other, whilst another is Speaking.

4. When any Member intends to Speak, he shall Stand in his place uncovered, and address himself to the Speaker, but shall not proceed to speak until permitted so to do by the Speaker, which permission Shall be Signified by Naming the Member.

5. When any Member is Speaking, no other Shall stand, or interrupt him; but when he has done Speaking, and has taken his Seat any other may rise observing the rules.

6. When the Speaker desires to address himself to the House[ he shall rise and be heard without interruption; and the Member then Standing shall take his Seat.

7. If more than one Member attempt to Speak at one time the Speaker shall Determine who was first up.

8. When any question shall be before the House, and not perfectly understood, the Speaker may explain but shall not attempt to sway the House by argument or Debate.

9. No Member Speaking to be Disturbed by Coughing, Spitting, Conversation, or otherwise; And whoever by Speaking, hissing, or in any other Manner Wilfully, or Carelessly disturbeth or interrupteth any Member on the floor, he Shall Answer it at the bar, and be liable to be Censured by the Speaker.

10. He that digresseth from the Subject in debate to fall upon the person of any member, shall be Suppressed by the Speaker.

11. Exceptions taken to Offensive words to be taken the same day they shall be Spoken, and before the Member who spoke them shall Go out of the House.

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12. Whatever is spoke in the House may be Subject to the Censure of the House.

13. Whenever any matter is in debate before the House, it shall be determined or postponed before any new business shall be introduced.

14. No Bill Shall be read twice the Same Day unless upon some pressing emergency, where the good, or safety of the State may make it Necessary.

15. No heats or animosities shall be permitted in the House.

16. No Member shall Speak more than twice without leave to one question, unless it be in a Committee of the Whole House.

17. No Question shall be put on any Motion Unless Seconded.

18. Every Member making any motion that is not of Course, shall, before making Such Motion reduce the same to Writing.

19. If there should be an equality of Votes for and against any question, the Speaker shall declare whether he be a Yea or a Nay; but shall not in any other case give his vote.

20. No Member shall depart the Service of the House without leave first obtained and Signified by the Speaker, nor having leave shall stay longer than the time limited, under penalty of forfeiting his pay as a Member and being liable to be sent for to undergo the further Censure of the House.

21. Upon an Adjournment, No Member shall presume to move, until the Speaker arises, and goes before.

Mr. Maclaine laid before the House a Deed of Conveyance from John Wilcox and Wm. England to the Commissioners of the Iron Works in Chatham County with a Schedule thereunto Annexed; also a letter from James Miller to Archibald Maclaine Esquire.

Ordered the same be Read—the same being read, Ordered to be sent to the House of Commons, with the following message to wit.

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send you a deed of conveyance from John Wilcox and Wm. England to the Commissioners of the Iron Works, together with a Schedule thereunto Annexed, also a letter from James Miller to Archibald Maclaine Esq. This House being desirous to furnish the public Iron Works with such Materials as are absolutely Necessary, have appointed Mr. Maclaine, Mr. Hart, Mr. Coor, and Mr. Ramsey a Committee Jointly, with such of the

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Members of your House as may be appointed to take under immediate Consideration the said writings above mentioned.

SAM'L ASHE, S. S.

Sent by Mr. Hunt & Mr. Bradford.

Mr. Maclaine from the Joint Committee to regulate the Mode of Transacting business and the Ceremonial to be observed between the two Houses, reported the Committee had prepared the Regulation & mode which he delivered in at the Table. Ordered the same be read Paragraph by Paragraph; The same being read and Amended. Ordered a Copy thereof be Sent to the Commons, with the following Message, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

This House being truly sensible and desirous of Establishing Ceremonies to be observed in Transacting of business between the two Houses send you herewith a Copy of the report of the Joint Committee amended; and such as this House would willingly adopt, and hope it will meet your Concurrence.

SAM'L ASHE, S. S.

Ordered that Mr. Respass have leave of absence 'till Monday next.

The Senate Adjourned 'til to-morrow morning, 9 o'clock.


Sat. 12 Apr., 1777.

Met according to adjournment.

Mr. Sam'l Jarvis the Member for the County of Currituck appeared and was qualified.—Agreeable to an Ordinance of Congress and repeated and subscribed to an oath for that purpose.

Rec'd from the Commons the following Resolutions, to wit.

Mr. Speaker and Gentlemen of the Senate:

This House having taken under Consideration the present exigencies of the Army have Resolved that the Southern Treasurer draw far the sum of Ten Thousand pounds on the Continental Treasury for the purpose of paying the present arrears due to the Officers and Men of the Army, and desire your Concurrence thereto.

A. NASH,
Speaker.

Endorsed. In the Senate, 12 Apr., 1777.

Read and Concurred with.

S. ASHE, S. S.

Sent by Mr. Love & Mr. Bradford.

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Rec'd from the Commons the following Message.

Mr. Speaker and Gentlemen of the Senate:

This House on their part have appointed Mr. Person, Mr. Hooper, Mr. Jones, Mr. Birdsong, Mr. Hill, and Mr. Penn Members of the Joint Committee to take under Consideration the writings respeeting the Iron Works &c.

A. NASH, Speaker.

Rec'd from the House of Commons the following Message, to-wit:

Mr Speaker and Gentlemen of the Senate:

The Joint Committee of the Senate & House of Commons having made their Report to this House the same was read and with Amendments passed in this House and is now sent to you for your Consideration and Concurrence, and as it is highly necessary for the dispatch of Public business that the regulations and forms for transacting business in the two Houses should be Established, should the said Rules as amended in this House not meet with the approbation of you, we propose that the said two Houses should appoint another joint Committee for the purpose of Establishing Rules &c.

A. NASH, Sp.
Rec'd.

Received at the same time the report mentioned in the foregoing Message.

Ordered the same lie for consideration.

Rec'd from the Commons the following Message, to-wit:

Mr. Speaker and Gentlemen of the Senate:

From the Necessity of recruiting the Nine Continental Regiments in this State to their full Complement with all possible expedition, and in Order to bring in the Deserters from them, the House of Commons have thought proper to appoint a Committee to devise Such ways and means as will tend most effectually to accomplish the desirable purpose and to forward immediately a formidable assistance to the brave Gen. Washington. If you approve of this Measure you will appoint a Committee of your Members for the important purpose aforesaid.

A. NASH,
Speaker.
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The House taking the same into Consideration Ordered the following Message be Sent to the Commons, to-wit:

Mr. Speaker & Gentlemen of the House of Commons, Concurring with the Message of your House respecting recruiting the Nine Continental Regiments in this State to their full Complement with Expedition, and for bringing in the Deserters from them. This House have Appointed Mr. Maclaine, Mr. Rutherford, Mr. Coor, and Mr. Hart Joint Committee with Such Members of yours as you Shall think proper, to devise Such ways and means as will tend, most effectually to Accomplish the above purposes and to forward Assistance to the brave Gen. Washington.

SAM ASHE, S. S.

Sent by Mr. Cray & Mr. Love:

The House taking into Consideration a Message from the House of Commons of this day, with a Copy of a report of the Joint Committee to regulate the mode of Transacting business and the Ceremonial to be observed, &c., as amended by the Commons. Ordered the following Message be Sent to the House of Commons, to-wit:

Mr. Speaker and Gentlemen of the House of Commons:

The Joint Committee of the Senate & House of Commons having agreed that their report should be made in both Houses, it was accordingly done in the Senate by such of the Members of this House as were upon that committee. In consequence of this you received a Message Yesterday with the report Amended, but of which in your Message you have not taken any Notice.

This House Laments the time already lost to the public in adjusting Ceremonials and debating upon claims, which however Necessary for Transacting business, are not of any immediate service to the public.—In the report amended by your Hands, there does not appear any provision made in what manner an Election is to be determined in case of an equality of votes in favor of the Candidates; and not to enter at present into the Merit of other exceptionable claims, we are of Opinion that every Member of the General Assembly who may happen to be present when an Election Shall be made, Should have liberty to attend when the ballots are examined, that as they are called over, he may, if he thinks proper, keep an account of them. As it does not appear that there is any probability of Adjusting this disagreement by Messages, this House

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in compliance with your proposal, have appointed Mr. Maclaine, Mr. Coor, Mr. Skinner, Mr. Cray, Mr. Rutherford, Mr. Hart, and Mr. Alexander to form a Joint Committee with such Members of your House as you may choose to appoint for the purpose of adjusting the Ceremonial, and ascertaining the mode of Conducting business between the two Houses.

S. Ashe, S. S.

Rec'd from the Commons the following Message:

This House have appointed Mr. Benbury, Mr. Smith, Mr. Owen, Mr. Butler, Mr. Rhodes, Mr. Cobb, Mr. Sevier, Mr. Hunter, Mr. W. Hill, and Mr. Pfifer, a Committee of Public Claims, and Mr. Green Hill, Mr. Swain, Mr. Ferrebie, Mr. Rochester, Mr. Penn, Mr. Person a Committee of Public Accounts, to Act Jointly with such Gentlemen of Your House as you think proper to Appoint.

A. Nash, Speaker.

Rec'd from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

The House of Commons regrets that the adjusting the Ceremonial between the two Houses, has delayed the entering upon the more Substantial Business which is to become the subject of their deliberations, they consider however this delay as unavoidable, and have endeavored as far as in their power, to mitigate the Inconvenience by attending to other Matters, the prosecution of which might not clash with the Pretentions of Right or Preference in either House; earnestly wishing to adjust this Difference of Sentiment, they approve of the Expedient of a Conference proposed, and have accordingly appointed Mr. Hooper, Mr. Penn, Mr. Person, Mr. Avery, Mr. Jones, Mr. Butler, Mr. Lock, and Mr. Whitmill Hill a Committee to meet and confer with the Gentlemen by you mentioned.


12th Apr., 1777.
A. Nash,
Speaker.

Ordered the following Message be sent to the Commons, to wit,

Mr. Speaker & Gentlemen of the House of Commons:

This House have rec'd your Message respecting Committees and have appointed Mr. Cray, Mr. Core, Mr. Exum, and Mr. William Williams a Committee of public Accounts—and Mr. Joseph Jones,

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Mr. Hunt, Mr. Jarvis, and Mr. Rutherford a Committee of public Claim, Jointly with the Members appointed by your House for the purpose aforesaid.

S. Ashe, S. S.

The Senate adjourned 'til Monday, 10 o'clock.


Monday, 14th Apr., 1777.

Met According to adjournment. Mr. Ralph Gorrell the Member for Guilford County and Mr. Jones the Member for Wake County appeared, were qualified and took their seats.—Mr. Maclaine laid before the House a Letter from James Miller, Superintendent of the Iron Works which was read. Ordered the same be sent to the Commons with the following Message, to-wit,

Mr. Speaker & Gentlemen of the House of Commons:

We Send you for your perusal a Letter from Mr. James Mills Superintendent of the Iron Works in Chatham County to Archibald Maclaine, Esq.

S. Ashe, S. S.

Rec'd from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House having entered into a Resolve for forwarding the Marching of the Continental Troops now in this State to the assistance of the Brave Gen'l Washington. We herewith send the same to you for your Concurrence.

A. Nash,
Speaker.

On reading the Resolve above mentioned, Ordered the same be returned to the Commons with the following Message to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

In the Resolve of your House for forwarding the Continental Troops in this State to the assistance of Gen'l Washington. This House propose the following amendments to-wit: We propose the word State instead of the Word “province,” in the first page. Also the words Small Divisions, Companies, and parts of Companies instead of the words, Companies, parts of Companies and Small Divisions in the second page. We also propose the following Words instead of those mentioned in the latter part of your

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Resolve to-wit: That this Resolve be immediately Copied & One Copy thereof Sent to the Commanding Officer of the Continental Troops in this State, and another to the Commanding Officer at Halifax, and a third be fixed up in the most public part of this Town. If your House agrees thereto, please to Signify the Same by Message and make the Resolve Conformable thereto.

S. Ashe, S. S.

Rec'd from the Commons the following Message to-wit:

Mr. Speaker & Gentlemen of the Senate:

This House having made some Alterations in the report of the Committee for regulating the Ceremonial to be observed between the two Houses do herewith send the same for your Concurrence.

A. Nash, Sp.

The House taking the said Message into Consideration Ordered the following Message be Sent to the Commons to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

It appearing to this House of the utmost importance that every Member of the General Assembly Should have the liberty to be present when the Ballots are drawn, and See that they are fairly Numbered. We propose that the following addition be made to the third article. When all the Ballots Shall be taken the Inspectors Shall give Notice to their respective Houses, that such of the Members, as may think it Necessary, may attend to See that the Numbers are fairly taken.

This House have no Idea of a Conference without a presiding Member, nor can they See the propriety of trusting the Management of a Conference, to the few Members Solicited from each House, and taking their words for the result of it. Every Member of each House has a right to be present, and by that he will be able to Judge, whether the persons appointed by the House, of which he is a Member, have discharged their duty, besides, the arguments must be all repeated over again in each House, and most probably will be Misrepresented or put in a different light from that in which they first appeared. For these Reasons We propose that the following Regulations Stand in the place of the Sixth Article. In all Conferences, the two Houses shall meet in the Conference Room, and the Speaker of the Senate shall preside. The Members of the Senate shall take their seats on the right

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hand of the Chair, and the Members of the House of Commons on the left. When the Conference is concluded the persons appointed to Manage Such Conference Shall report the result thereof to their respective Houses.

S. Ashe, S. S.

The Senate adjourned 'til to-Morrow Morning 10 o'clock.


Tuesday 15 Apr. 1777.

Met according to adjournment. Mr. Rutherford Moved for leave to present a Bill for dividing Rowan County and other purposes therein Mentioned.

Ordered he have leave Accordingly. Mr. Rutherford presented the said Bill which he read in his place & delivered in at the Table where the same was again read, passed and sent to the Commons by Mr. Rutherford & Mr. Jones.

Ordered that Mr. Skinner have leave of Absence 'til next Monday week.—Mr. Charles McLean the Member of the County of Tryon appeared and was qualified agreeable to an Ordinance of Congress.

The Senate adjourned 'til to-morrow Morning 9 o'clock.


Wednesday, 16th Apr., 1777.

Met According to Adjournment. Rec'd from the Commons the Resolve of that House as amended by them to-wit:

Whereas, the Season is now Arrived when the Army of General Howe may attempt to leave the protection of their Ships to penetrate into the Interior parts of the Country, and retrieve if possible their loss of reputation Occasioned by the Various Successes obtained against them during the last Winter, through the unexampled bravery and Conduct of General Washington and the Troops under his Command. And as it is a Matter of much importance to these States, that such an attempt, if made, Should meet an Early and decisive Check, and as the Continental Congress have Ordered the Continental Regiments to March with all possible Expedition to join the Main Army in the Jersey's that General Washington may be in a Capacity to oppose the first Movements of our Enemies—Resolved therefore that it may be recommended to the Commanding Officer of the Troops immediately and without any delay to March off, from every part of this State, every Continental Soldier and

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officer who is able saving only such as it may be Necessary to detain to forward the recruiting Service and that this Matter may be Conducted with the greatest ease and expedition, it is proposed that they should move in small divisions, Companies, and parts of Companies, as they can be made ready, without attending to Regimental Order, as small bodies of Men on their March will move readily, be supplied with provisions and a seasonable reinforcement tho' small will be more beneficial than a larger if procrastinated to a later period. This recommendation, this House expects will be strictly complied with, and they doubt not from the readiness which the Officers & Men have upon all occasions discovered to step forward in Support of the glorious Cause which first brought them into the field, that they will rush with eagerness to a part of the Continent where they will have an Opportunity to reap such an ample Harvest of Laurels to themselves and to do Honor to the particular state where they have been raised. The Officers who wait with a design to adjust any private business may rest assured that it shall be faithfully attended to, in the hands of any agents they may leave behind to Transact it and the just Claims they have against the State most honorably settled or paid. The Commanding Officer of the Troops will attend to the Necessity of not Overcharging the Marching Regiments with Officers.—That this Resolve be immediately Copied, and one Copy thereof sent to the Commanding Officer of the Continental Troops in this State, Another to the Commanding Officer at Halifax, and a third be fixed up in the most public part of this Town.

A. Nash,
Speaker.

Endorsed, In the Senate, 16. Apr., 1777.

Read and Concurred with.

S. Ashe, Sp. S.

Ordered the following Message be sent to the Commons, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send you a Resolve of your House, to march off from every part of this State every Continental Soldier & Officer &c., with the Concurrence of this House.

S. Ashe, S. S.
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On Motion Ordered that the Painting, Picture of George the third of Great Britain, be removed from the Senate room.

Ordered that Mr. Hunt be discharged from the Committee of Claims owing to his ill state of Health, and that Mr. Seawell be appointed in his stead.

The Chairman of the Committee of Accounts reported as follows, to-wit:

Your Committee report that they have Examined the Acct. of Nicholas Long, Esq., Quarter Master General and find a Balance of Two Thousand Four Hundred and Thirty-four pounds, Eleven Shillings and two pence due from the State to the said Nicholas Long.

Wm. Williams,
Chairman.

Endorsed, In the Senate 16 Apr. 1777.

The foregoing report was Read, Considered, and Concurred with.

S. Ashe, S. S.

Ordered the same to be sent to the Commons with the following Message, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

We send you herewith a Report of the Committee of Accounts in favor of Nicholas Long, Quarter Master General, for Concurrence.

Rec'd from the Commons the following Message, to-wit:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you for your Concurrence a Resolve of this House for impowering Nicholas Long, Esq., Quarter Master General, to receive of the Treasurers or either of them, Two Thousand five hundred Dollars for defraying the Expenses of Marching the Troops to the Northward.

A. Nash, Speaker.

At the Same time rec'd the resolve above mentioned which was Endorsed, to-wit:

In the Senate 16 Apr. 1777.

Read and Concurred with.

S. Ashe, S. S.
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Ordered the following Message be sent to the Commons, to-wit:

We herewith return you the resolve of your House for impowering the Treasurers or either of them, to advance to Nicholas Long, Esq., Quarter Master General, two Thousand five hundred Dollars for the purposes therein mentioned. Concurred with by this House.

S. Ashe,
Speaker.

Sent by Mr. Jones & Mr. Battle.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have Considered the Alterations proposed by your House in the sixth article for Settling the mode of Transacting public Business between the two Houses and cannot Concur with the Alterations by you proposed, and in Order that more time may not be lost on this Subject, This House do propose a Conference with yours, and for that end have appointed the following Members of their House, viz: Mr. Abner Nash, Mr. William Hooper, Mr. Jno. Penn, Mr. Willis Jones and Mr. Waightstill Avery to meet any Number of your Members, you may appoint for this purpose in the room between the two Houses without the formality of any President to such Meeting for the present, hoping that when the reasons are made known upon which each House acts, a thorough good understanding and agreement will take place and all objections be removed which have hitherto prevailed. Should your House approve of the proposed Conference you will please to signify the same by Message and acquaint us with the Names of the Gentlemen by you appointed and the time of meeting.

A. Nash, Speaker.

The House taking the above Message into Consideration, Ordered the following Message be Sent to the Commons to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

This House agree to a Conference to Consider of, and Settle the mode of Transacting public business between the two Houses, and have appointed Mr. Speaker, Mr. Maclaine, Mr. Seawell, Mr. Rutherford, and Mr. Hart a Committee to Confer with the Members

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Mentioned in your Message, tomorrow Morning at 9 o'clock in the room betwixt the two Houses.

S. Ashe, S. S.

Sent by Mr. Bryan & Mr. Russel.

The Senate adjourned 'til to-morrow Morning 10 o'clock.


Thursday, 17 April, 1777.

Met according to adjournment.

Mr. Allen Jones the Member for the County of Northampton appeared and was qualified agreeable to an Ordinance of Congress. The Committee appointed to Confer with the Members appointed by the Commons to Settle the mode of Transacting public business between the two Houses reported as follows to-wit:

The Members appointed to Manage a Conference with the House of Commons for Settling the mode of Transacting business, and adjusting the Ceremonial to be observed between the two Houses, do report. That in the said Conference the following article was agreed upon to be Substituted in the place of the sixth article of the report of the Joint Committee, (that is to say) In all conferences between the two Houses some of the Members of each House shall be appointed to Manage the Conference. The Members of the Senate or such of them as may choose to attend shall arrange themselves on one Side of the Conference room, and in like Manner the Members of the House of Commons on the other. When the Conference is ended the Managers shall make report to their respective Houses.

Received from the Commons the following Message to-wit:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you the report of the Joint Committee appointed to regulate the mode of Transacting business and the Ceremonial to be observed between the two Houses as amended and agreed to, in this House for your Concurrence.


April, 1777.
A. Nash, Speaker.

At the same time rec'd the report above ment'd. Endorsed in the Senate paper, 17 Apr., 1777. Read and Concurred with.


17 April.
S. Ashe,
Speaker.
-------------------- page 19 --------------------

Rec'd from the Commons a Resolve of that House for appointing Colo. Abraham Shepard to the Command of a Regiment with power to appoint his Own Officers upon Conditions therein Mentioned. The House taking the Same into Consideration Ordered the following Message be sent to the Commons to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

This House having Considered the Resolve of your House for appointing Col. Sheppard to the Command of a Regiment with power to appoint his own Officers, upon Conditions therein Mentioned, propose some Amendments to the Same first.

That the Three Hundred or any greater Number of men which shall be inlisted, shall be under Continental Regulations, and the recruiting Officers shall receive Twenty Shillings for every one of the said Men, which they shall so inlist; and the officers and Men shall be intitled to whatever future encouragement the General Assembly may think proper to give, in Order to forward the recruiting Service. In the second clause of your resolve for raising a New Regiment under Col. Shepard. We propose that you dele the word back as unnecessary, and in the third Clause instead of the words “this date and” you insert the words “date of their commissions and the”; In the place of the fourth clause we propose as above. That the three hundred &c. In the fifth clause instead of the word requested, We propose to insert the word impowered. With respect to the last clause in your Resolve, This House cannot agree to it, as it evidently tends to defeat the purpose for which the resolve was made, therefore we propose the whole of that clause be expunged.—If your House agree to these alteratiens, please to signify the same by Message, Make the resolve Conformable and send the same to this House for Concurrence.

S. Ashe, S. S.

Sent by Mr. Alexander and Mr. Battle. Ordered the following Message be sent to the House of Commons to wit.

This House concur in the report of the Joint Committee appointed to regulate the mode of Transacting business and the Ceremonial to be observed between the two Houses as amended and agreed to in a Conference of both Houses.

S. Ashe, S. S.
-------------------- page 20 --------------------

Rec'd from the Commons the following Resolve to-wit—

Mr. Speaker & Gentlemen of the Senate:

This House having taken under Consideration the Petition of Reuben Hussey and others have Resolved Agreeable to the prayer thereof, that the Money arising by the Sale of the Brigg Hanover and her Cargo be paid into the hands of Rich Ellis Esq., their agent upon his giving Bond with sufficient Security to keep the same safely and subject to such final decree as the Continental Congress shall make in the said Cause upon the appeal taken thereon. We herewith send you the said petition for your Consideration and hope for your Concurrence in this Measure.

A. Nash, Speaker.

Endorsed in the Senate 17 Apr. 1777.

Read and Concurred with.

S. Ashe, S. S.

Ordered the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return you the resolve of your House, for the Money arising by the sale of the Brig Hanover and her Cargo to be paid into the hands of Richd. Ellis, Esq., with the Concurrence of this House.

S. Ashe, S. S.

Rec'd from the Commons the following Message, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

It having been made appear to this House that Richd. Cogdell, Jr., who at present is appointed by his Father Richard Cogdell, Marshall to the Court of Admiralty is an Infant under age. This House have appointed Thomas Sitgreaves late Marshall of the said Court to the said Office of Marshall and desire your Concurrence in this Appointment without the formality of a Balloting, the same not being prescribed as a Necessary Mode by the Constitution for the Nominating and appointing such officers.

A. Nash, Speaker.
-------------------- page 21 --------------------

The House taking the said Message into Consideration Ordered the following Message be Sent to the Commons, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

It is the unanimous Opinion of this House that although by the Letter, they are not confined to the Mode of Balloting for a Marshall of the Court of Admiralty, yet we have no doubt but the General Assembly are strictly bound by the spirit of the Constitution, which has prescribed the fairest & most impartial Mode of Election. This House are extremely apprehensive of establishing Precedents which may eventually tend, perhaps indeed, by imperceptible degrees to sap the very Foundation of our Liberties. Besides the House of Commons can scarcely have forgot the very recent Regulation made by both Houses, that when any Officer shall be proposed in either House, such Proposal shall be notified to the other House by Message. Should this House choose to appoint another person, it is plain that no Election wo'ld take place. That the proceedings of the General Assembly may be consistent, we propose that a Marshall of the Court of Admiralty be appointed by joint Ballot of Both Houses agreeable to the Constitution. If you should concur with this House, you will please to mention the Time of taking the Ballots.

Sam'l Ashe, S. S.

Rec'd from the Commons the following Message to-wit.

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Mr. Rochester, Mr. Lillington, Mr. Hooper, Mr. Pearson and Mr. Jones a Committee to receive and Consider all applications relative to Military Matters. The above Gentlemen will Act Jointly with such of your House as you think proper to appoint for the purpose above Mentioned.

A. Nash,
Speaker.

The House Considering the said Message Ordered the following be returned in Answer thereto.

Mr. Speaker & Gentlemen of the House of Commons:

In Answer to your Message appointing a Committee to receive and Consider all Applications relative to Military Matters.—This

-------------------- page 22 --------------------
House have appointed Mr. Allen Jones, Mr. Coor, & Mr. Maclaine, a Committee to act jointly with those appointed by your House.

S. Ashe, S. S.

Sent by Mr. Coor & Mr. McLean.

Rec'd from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have appointed the following Gentlemen to-wit: Mr. Hooper, Mr. Lock, Mr. Tilman, Mr. Lillington, Mr. Penn, Mr. Jones, & Mr. Person a Committee to consider what Magasine of provisions and Military Stores it is necessary should be immediately laid up, as well for the use of the Continental Army for the ensuing Campaign as for the Militia of this State, in case it should be necessary to call them forth to repel any attempt of our enemies within this State. The above Gentlemen will act jointly with such of your House as you think proper to appoint for the purposes above mentioned.

A. Nash,
Speaker.

Ordered the following Message be Sent to the House of Commons, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

This House have considered your Message respecting Magasines of provisions and military stores, &c., and have appointed Mr. Maclaine, Mr. Allen Jones, Mr. Salter, and Mr. Lanier a Committee to act with the gentlemen named in the aforesaid Message.

S. Ashe, S. S.

Sent by Mr. Coor, & Mr. McLean.

Received from the Commons the following message to-wit:

Mr. Speaker & Gentlemen of the Senate:

We herewith send a Resolve of this House in favor of Colo. White which if approved of will be concurred with by you.

A. Nash,

At the same time rec'd the Resolve above Ment'd.

Endorsed in the Senate 17 Apr., 1777.

Read & concurred with.

S. Ashe, S. S.

Rec'd from Commons the following Resolve to-wit:

On Motion, Resolved that his Excellency Richard Caswell, Esquire, be desired to fill up Commissions for the Officers of the

-------------------- page 23 --------------------
Army, agreeable to the Appointments made by General Moore; and also that he grant Commissions, to those officers who had temporary Commissions, in order that they may immediately join their respective Regiments.—Should your House concur with this Resolve, please signify it by Message.

A. Nash,
Speaker.

Endorsed, In the Senate 17 Apr. 1777.

Read and concurred with.

S. Ashe, S. S.

Ordered the following Message be sent to the Commons to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

We return you herewith a Resolve of your House, impowering the Treasurers or either of them to Endorse the Bills of Colo. White on the delegates of Georgia for the amount of two Thousand dollars, concurred with by this House.

S. Ashe, S. S.

Sent by Mr. Alexander & Mr. Love.

Mr. Speaker & Gentlemen of the House of Commons:

This House return the resolve of yours impowering his Excellency the Governor to fill up Commissions for the Officers of the Army agreeable to the appointment made by General Moore; and also Commissions to those Officers who have had Temporary Commissions, to which you have the Concurrence of the Senate.

Sam Ashe, S. S.

Sent by Mr. Alexander & Mr. Love.

The Senate adjourned 'til to-morrow Morning 10 o'Clock.


Friday, 10 Apr. 1777.

Met According to adjournment.

Received from the Commons the following Message, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send you for your Concurrence the report of the Committee of Claims, Concurred with by our Hands.

A. Nash,
Speaker.

At the Same time rec'd the reports, Endorsed.

In the Senate 18 Apr. 1777.

The above report of the Committee of Claims was read and Concurred

-------------------- page 24 --------------------
with, Except the Claims of Col. John White, out of which this House have ordered fifty pounds, Suggesting that the said White hath rec'd that sum from Col. Patten and not Credited the public with the same—hereafter to be reimbursed, in case the said White shall make it appear that he hath applied and accounted for it.

Sam Ashe, S. S.

Ordered the following Message be sent to the Commons, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the report of the Committee of Claims Concurred with, Excepting the Claims of Col. White, out of which this House have deducted as per Endorsement on said Reports.

S. Ashe, S. S.

Rec'd from the Commons the following Message:

We herewith send you for your Concurrence a Resolve of this House for allowing Col. John White the Sum of Twenty-two pounds four Shillings & Two pence for Sundry Rations.

A. Nash,
Speaker.

Rec'd at the same time the resolve as above men'd, Endorsed. In the Senate 18 Apr. 1777.

Read and Concurred with.

S. Ashe, S. S.

Ordered the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House return you the resolve of yours in favor of Col. John White for Rations, Concurred with.

Sam'l Ashe.

Rec'd from the Commons the following Message, to-wit:

Mr. Speaker & Gentlemen of the Senate:

This House being desirous of appointing a Governor, Secretary of State and Council of State have thought proper to inform you thereof and that they would be glad you would signify to them the Names of such Gentlemen as you would put in Momination to fill those Offices.

This House on their parts recommend Rich'd Caswell Esquire to be Governor, James Glasgow Esq. to be Secretary, Corn's Harnett,

-------------------- page 25 --------------------
William Haywood, Edward Starkey, Joseph Leech, Thomas Eaton, William Taylor, John Simpson, and Hezekiah Alexander Esquires to be a Council of State.

A. Nash,
Speaker.

Also the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House propose Meeting at five o'Clock this Evening in Order to proceed to the Appointment of a Governor, Secretary and Council of State, if you approve of this Measure you will please to signify the Same by Message.

A Nash,
Speaker.

Ordered the following Message be Sent to the Commons to-wit:

This House have rec'd your Message respecting the appointment of a Governor, Secretary of State, and Council of State, and on their part recommend Rich'd Caswell Esq. to be Governor, James Glasgow Esq., to be Secretary, and the following Gentlemen were Recommended to be in Nomination for a Council of State to-wit:

Mr. Haywood, Mr. Starkey, Joseph Leech, Thomas Eaton, William Cray, John Benners, Thomas Bonner, William Taylor and John Simpson. We also propose Meeting at 5 o'Clock as mentioned by you for the purpose aforesaid, and have appointed Mr. Coor, & Mr. Exum in behalf of this House for conducting the Balloting.

S. Ashe, S. S.

Rec'd from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

It having been made appear to this House that Richard Cogdell jun. who hath been appointed by Richard Cogdell Esquire Judge of the Court of Admiralty, Marshall of the said Court is an Infant. This House have therefore determined that the said office of Marshall is vacant, and that the General Assembly ought to appoint all Marshalls, and do recommend the following persons viz. for the port of Beaufort Thomas Sitgreaves, for the port of Brunswick Thomas Davis & Henry Toomer, for the port of Roanoke David Davis, for the port of Bath Nathl Keaise and propose

-------------------- page 26 --------------------
a Joint Ballot for the appointment of Marshalls for the said ports to-morrow at Twelve o'Clock in the Conference Room.

A. Nash,
Speaker.

Ordered the following Message be Sent to the Commons to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

In Answer to your Message relative to the appointment of Marshalls to the Several Courts of Admiralty in this State, and that there is a Vacancy in the office of Marshal of the Court for the Port of Beaufort. This House cannot Concur in declaring that office void, without examining Witnesses to prove the fact which has induced you to make Such a resolve. This House on further of opinion that the Admiralty Courts in this State, have no Jurisdiction to try Captures taken on the high Seas, much less to summons a Jury for such Trials. We therefore propose that a Bill be framed for regulating the Courts of Admiralty and Ascertaining their Jurisdiction and that the Judges and other officers of the Courts be then appointed by Ballot. For these reasons above Mentioned we cannot Concur in your resolve.

Sam'l Ashe, S. S.

Sent by the Assistant Clerk.

Rec'd from the Commons the following Message, viz.:

Mr. Speaker & Gentlemen of the Senate:

It is the Opinion of this House that the Assembly immediately proceed to the appointment of Treasurers (and Delegates to represent this State in Continental Congress the ensuing year) and propose a Meeting this evening in the Conference Chamber to Ballot for the said Officers. Should you Concur with us in the expediency of this Measure you will please to signify the same by Message. We propose the following persons to be put in Nomination for the above Offices (to-wit) for the Treasury. John Ashe Esq. for the Southern district, and Sam'l Johnston Esq. for the Northern District, and three out of the following persons to represent this State in General Congress, to-wit, William Hooper, Joseph Hewes, John Penn, & Thomas Burke Esquires.

A. Nash,
Speaker.

Ordered the Said Message lie for Consideration.

-------------------- page 27 --------------------

Rec'd from the Commons the following Message, viz.:

Mr. Speaker & Gentleman of the Senate:

We herewith send for your Concurrence the report of the Committee appointed to consider the state of the light House in N. Carolina, upon the Continental Establishment together with a return thereof hereunto announced, Concurred with by this House.

A. Nash,
Speaker.

18 Apr. 1777.

Ordered the same lie for Consideration. Mr. Coor one of the Inspectors on the part of this House, from the Joint Balloting of both Houses for electing a Governor, Council of State, and a Secretary of the State reported as follows, viz.: That the Inspectors of both Houses met in the Conference Room, and there did take and receive from the Members of the Senate and House of Commons the Tickets of all the Members of both Houses, which were put into a Box; and upon examination of the Scrolls, it appeared that the following persons were elected, to-wit,

Richard Caswell Esquire Governor for one year by the unanimous Votes of both Houses. William Haywood, Joseph Leech, Edward Starkey, Cornelius Harnett, Thomas Eaton, William Cray and William Taylor Esquires a Council of State for one year by a Majority of the Votes of both Houses, and James Glasgow Esquire Secretary of the State for three years by the Unanimous Votes of both Houses. The House taking the said report into Consideration, Concurred therewith. The Senate adjourned 'til to-morrow Morning 10 o'clock.


Sat., 19 Apr., 1777.

Met According to Adjournment. Rec'd from the Commons a Bill for Dividing Rowan County and other purposes therein Mentioned. Endorsed, In the House of Commons 19 Apr., 1777. Read the first time and passed.

Also a Bill for Establishing a new County between Hillsboro and the Virginia line, by Erecting the Northern part of Orange County into a distinct County by the Name of ———. Endorsed In the Commons 16 Apr., 1777. Read the first time & passed. On motion Ordered the said Bill be Read.

-------------------- page 28 --------------------

Read—the same passed and Ordered be Sent to the Commons by Mr. Respess & Mr. Love. Mr. Maclaine laid before the House a Petition of James Ellis praying to be reinstated in the trust Estate Conveyed to him, until due Course of Law shall determine the Same. Resolved that Mr. Maclaine and Mr. Allen Jones be a Joint Committee with such of the Members of the Commons they shall appoint to take under Consideration the aforesaid petition. Ordered the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have appointed Mr. Maclaine and Mr. Allen Jones a Joint Committee on the part of this House to meet such of the Members of yours as you may think proper to Name, to take under Consideration the Petition of James Ellis of Bladen County. You will receive herewith the Petition and papers relative to that Matter.

S. Ashe, S. S.

Sent by the Assistant Clerk.

Rec'd from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House having taken into Consideration the Expediency of Stationing of a body of Militia on our Frontiers to protect the Inhabitants of this State against the Indians have refered that Matter to Mr. Jones, Mr. Avery, Mr. Sevier, Mr. Lock and Mr. Barber as a Committee to Act in Conjunction with Such of your Members as you may think proper to appoint for the purpose.

A. Nash, Speaker.

Sent by the assistant Clerk.

Ordered the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have received your Message relative to the appointing a Committee to take under Consideration the expediency of stationing Troops on the Frontiers of this State, and have on their part appointed, Mr. Rutherford, Mr. Carter, Mr. McLean, and Mr. Lanier a Committee for the purpose above Mentioned, to act Jointly with the Gentlemen by you Named.

S. Ashe, S. S.
-------------------- page 29 --------------------

Resolved that Mr. Allen Jones, Mr. Mr. Maclaine, & Mr. Bradford be a Joint Committee to take into Consideration the State of the Mititia and to prepare and bring in a Bill for the better regulation of the same.

Ordered the following Message be sent to the Commons, to-wit:

Mr. Speaker & Gentlemen of the Commons:

This House have appointed Mr. Allen Jones, Mr. Maclaine, and Mr. Bradford a Joint Committee with such of the Members of your House that you may appoint, to take into Consideration the State of the Militia & to prepare and bring in a Bill for the better regulation of the Same.

S. Ashe, S. S.

The House resuming the report of the Committee of Commons appointed to Consider the State of the light Horse in North Carolina upon the Continental Establishment.

Ordered the same be Concurred with and the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return you the report of a Committee of your House appointed to Consider the State of the light Horse in No. Carolina upon the Continental Establishment, Concurred with, Merely on the Necessity there is for forwarding the Troops to the Northward, not looking on this Exparte Committee quite Consistent with the best mode of Transacting business.

Sam Ashe, S. S.

Ordered that Mr. Salter have leave of absence 'til Thursday next.

The House resuming the Consideration of the Commons' Message respecting the appointment of Treasurers, and Delegates, and the same being Debated. Ordered the following Message be Sent to the Commons to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

This House have Considered your Message for appointing Treasurers and Delegates to represent this State in Continental Congress, and propose Balloting for those Officers on Monday the Twenty eighth of this Instant at twelve of the Clock in the Conference room, which time we hope will be agreeable to the House of Commons.

Sam'l Ashe, S. S.
-------------------- page 30 --------------------

Received from the Commons the Bill for Dividing the County of Orange and other purposes therein mentioned.

Endorsed, In the House of Commons. Read the same a second time, amended, passed and ordered to be sent to the Senate.

Mr. Joseph Jones moved for leave to prepare and bring in a Bill for Dividing the County of Pasquotank.

Mr. Love moved for leave to prepare and bring in a Bill for Dividing the County of Anson.

Ordered they have leave accordingly.

On Motion Ordered the following Message be Sent to the Commons to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

It being usual and necessary on the first appointment of the principal Officers of State, to have the same announced by Proclamation. We propose that the Members of both Houses attend at the State House at 5 o'clock this Evening and proceed from thence with their respective speakers at their head, to the Court House for the purpose of Proclaiming the State Officers who have been appointed by the General Assembly. If your House agree to this Measure please signify the same to the Senate.

Sam'l Ashe, S. S.

Mr. Allen Jones moved for leave to prepare and bring in a Bill for regulating the Inspection of Tobacco.

Ordered he have leave accordingly.

Rec'd from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House concur with yours in the procession proposed this Evening, but think at this time that no distinction ought to be made with respect to persons, therefore we propose the Word Yeoman to be struck out altogether.


19 Apr., 1777.
A. Nash,
Speaker.

Received from the Commons the following Message to-wit:

This House have rec'd your Message recommending Monday 28th Instant as a Convenient time for electing Treasurers and Delegates and on Considering the same are of Opinion that the

-------------------- page 31 --------------------
Election of said Officers ought to be on Monday next and desire your Concurrence thereto.

A. Nash,
Speaker.

Ordered the same lie for Consideration.

The Senate adjourned 'til Monday morning 10 o'clock.


Monday, 21st Apr., 1777.

Met according to adjournment.

Mr. Thomas Robeson, the Member for the County of Bladen, appeared and was qualified.

Rec'd from the Commons the following Messages to-wit:

This House having considered that it was necessary a certain sum should be specified for Colo. Shepard to draw for the purpose of recruiting have fixed the said sum at two hundred pounds to each Captain, and when the said Captains shall produce sufficient vouchers that they have applied the said sum of Two Hundred pounds to the sole purpose of recruiting they shall be allowed to draw the like sum again. If you Concur with this you will Signify the Same by Message.


19 Apr., 1777.
A. Nash,
Speaker.

Endorsed. In the Senate 21 Apr. 1777. Read & Concurred with.

S. Ashe, S. S.

Ordered the following Message be Sent to the Commons viz:

Mr. Speaker & Gentlemen of the House of Commons:

This House Concur with yours that a Certain Sum should be specified for Col. Shepard to draw for the purpose of recruiting, and agree to fix the Sum at two Hundred pounds to each Captain. We send you your Message Concurred with.

Sam Ashe, S. S.

The House resuming the Consideration of a Message from the Commons of Saturday last respecting the Election of Treasurers and Delegates.

Ordered the following Message Sent to the Commons, viz:

Mr. Speaker & Gentlemen of the Commons:

This House have Considered your Message for Electing Treasurers and Delegates, and Cannot agree to proceed to the Choice of

-------------------- page 32 --------------------
those Officers before the day Mentioned in a former Message of this House.

Sam Ashe, S. S.

Rec'd from the Commons a Bill for Establishing Fairs in the Town of Halifax in the County of Halifax.

Endorsed. Apr. 21, 1777. Read the first time and passed.

Ordered the Said Bill be read, read the same, passed and Ordered to be Sent to the Commons by Mr. Robeson & Mr. Gorrell.

Upon application of James Coor Esq. Collector of Port Beaufort, to have the Sense of this General Assembly, whether he should prosecute an appeal Entered by him in the Court of Admiralty of the said port, from a Decree given against this State in a Suit brought against the Brigantine Hanover and her Cargo. Resolved that the said Mr. Coor do prosecute the said appeal in such Manner as is prescribed by the resolutions & regulations of Congress, and that the Treasurers or either of them pay him the Sum of One Hundred Dollars to enable him to prosecute such appeal for which he shall be accountable. Ordered the following Message be Sent to the Commons to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

This House herewith Send you a Resolve respecting the Collector's prosecuting an appeal Entered by him in the Court of Admiralty from a decree in a Suit brought against the Brigantine Hanover & her Cargo & desire your Concurrence. Mr. Joseph Jones according to Order presented a Bill Dividing the County of Pasquotank and other purposes therein mentioned. Ordered the same be read, the same was read, passed and Ordered to be Sent to the Commons by Mr. Joseph Jones & Mr. Bryan.

Ordered that Mr. Jarvis be permitted to withdraw himself from the Service of the Senate, he being much indisposed.

Rec'd from the Commons the following Bills viz. A Bill for appointing a Governor, Council of State & Secretary, and making provisions for their respective Services. Endorsed, In the House of Commons, 21 Apr., 1777.

Read the first time and passed.

A Bill for Dividing the County of Pasquotank & other purposes therein mentioned. Endorsed. In the House of Commons 21 Apr., 1777. Read the first time and passed.

-------------------- page 33 --------------------

Ordered the Bill for appointing a Governor, Council of State & Secretary &c be read—read the same passed & Ordered to be Sent to the Commons by Mr. Bradford & Mr. Carter.

Resolved that this House will to-morrow morning resolve itself into a Committee of the whole House to Consider the best method of supplying the Treasury with money to pay off the public Debts, and to answer the exigency of the State.

Sam Ashe, S. S.

The Senate adjourned 'til to-morrow Morning 9 o'clock.


Tuesday, 22nd Apr., 1777.

Met According to Adjournment.

The Order of the day being read for Considering the best Method of supplying the Treasury &c. Ordered the same be deferred until tomorrow Morning. Resolved that General Nash or the Commanding Officer of the Continental Troops in this State, and the different Officers Commanding Battalions, Divisions, Companies and parts of Companies wheresoever the same may be do forthwith transmit to this present General Assembly exact lists of the different Battalions and Companies, distinguishing the effective from the Non-effective men; and also that the said Officers do make out and Transmit to this General Assembly, lists of the deserters from the several Companies, mentioning their Names, Sizes, Ages, places of abode, and the places where, and the officers or persons by whom such deserters were enlisted, and also the Batallions and Companies to which they belong; and that this shall include all deserters whatsoever, tho' their time of inlistment may be now expired. It is further Resolved that General Nash be requested to send the Names of such officers as he may think proper to leave behind for the recruiting Service, that in case of any Neglect or misconduct such Officers may be represented to Congress, and the Commander in Chief as unworthy to continue in Office.

Ordered the said Resolve be Sent to the Commons with the following Message, to-wit:

Mr. Speaker & Gentlemen of the Commons:

We herewith send for your Concurrence a Resolve of this House requesting the Commanding Officer to Transmit the General

-------------------- page 34 --------------------
Assembly, lists of the different Battalions, Divisions, Companies, and parts of Companies &c. And also a List of Deserters, mentioning their Names, Sizes, Ages, and places of abode.

Sam Ashe, S. S.

This House being informed that Jacob Bagley, John Jones, and Moses Blanchard of Chowan County were sometime since inlisted into Companies under the Command of Continental Officers and have since been discharged on paying to such Officers, & others, Enormous Sums for such discharge.

Resolved that the said Jacob Bagley, John Jones. & Moses Blanchard be directed to attend this House immediately, and that they procure all the testimony they can respecting discharges, and the Sums they have paid, that the case may be inquired into and the Officers be represented to the Commander in Chief for such Mal-practices. And that a committee be appointed to execute this resolve. On Motion Ordered the Bill for Dividing the County of Pasquotank, and other purposes, therein mentioned be read the second time, read the same a second time amended passed and Ordered to be sent to the Commons by Mr. Hart & Mr. Jos. Jones.

Mr. Love according to Order presented a Bill for dividing Anson County and other purposes therein Mentioned which he read in his place and Delivered in at the Table where the same was again read passed and Ordered to be sent to the Commons by Mr. Hart & Mr. Joseph Jones.

Received from the Commons the following Messages, to-wit:

Mr. Speaker & Gentlemen of the Senate:

This House have received and Considered your Message relative to the directing James Coor Esq., to prosecute his appeal from the Judgment of the Court of Admiralty respecting the Prize brig Hanover and her Cargo, and do not think expedient that any such appeal should be prosecuted.

A. Nash,
Speaker.

Ordered to lie for Consideration.

Ordered the Bill for Dividing the County of Orange and other purposes therein mentioned be read the second time. Read the same a second time.

Amended, passed and ordered to be Sent to the Commons by

-------------------- page 35 --------------------
Mr. Hart and Mr. Joseph Jones to be sent to the Commons by Mr. Alexander & Mr. Love.

Rec'd from the Commons the following Message, to-wit:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you for your Concurrence a Resolve of this House for preventing the Officers of South Carolina and Georgia recruiting any soldiers in this State until the General Assembly or the Governor and Council shall otherwise direct.

A. Nash,
Speaker.

Rec'd the Resolve refered to in the above Message Endorsed.

In the Senate 23 April, 1777.

Read and Concurred with.

Sam Ashe, S. S.

Ordered the following Message be sent to the Commons, viz:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send you the Resolve of your House for preventing the Officers of South Carolina and Georgia recruiting any Soldier in this State until the General Assembly or the Governor & Council shall otherwise direct. Concurred with.

Sam Ashe, S. S.

The Senate Adjourned 'til to-morrow morning 9 o'Clock.


Wednesday, 23 Apr. 1777.

Met according to adjournment.

Mr. Needham Presented a Bill for establishing a Town on the Land of John Smith & other purposes which he moved might be read, read the same, passed and Ordered the same to be sent to the Commons by Mr. Alexander & Mr. Love.

Rec'd from the Commons the Bill for Incorporating a President and Trustees of Liberty Hall in the County of Mecklenburg. Endorsed. In the Commons 22 April, 1777.

Read the first time and passed.

Ordered the said Bill to be read, read the same, passed and Ordered.

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Rec'd from the Commons the following Message, to-wit:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you for your Concurrence a Resolve of this House for appointing a public printer and adjusting his Salary.

A. Nash,
Speaker.

At the same time rec'd the said Resolve.

Endorsed, In the Senate 23 April, 1777. Read and Concurred with.

Sam'l Ashe, S. S.

Ordered the following Message be sent to the Commons:

We herewith return you the Resolve of your House appointing John Pinkney, Printer to this State, concurred with. We further propose that a Law be brought in for establishing the said Pinkney in the Office of Printer, and in certain regulations and restrictions, as it will be absolutely necessary he should be acquainted with his duty in that office.

Sam Ashe, S. S.

The Senate Adjourned 'til to-morrow Morning 9 o'clock.


Thursday, Apr. 24, 1777.

Met According to Adjournment.

On Motion Resolved that William Ridley be appointed Chirurgeon to the third Regiment of Continental Troops raised in this State in the room of William Usher who refuses to act. On motion ordered the following Message be sent to the Commons, viz.

Mr. Speaker & Gentlemen of the House of Commons:

This House have appointed William Ridley Chirurgeon to the third Regiment of Continental Troops raised in this State in the room of William Usher who refused to act, and desire your concurrence thereto.

Sam Ashe, S. S.

Received from the Commons the following Messages, to-wit:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you for your concurrence a Resolve of this House ordering their Treasurers or either of them to pay Mr.

-------------------- page 37 --------------------
Andrew Greer of Washington district his Claims against the State, that were allowed by the Committee of Claims.

A. Nash,
Speaker.

Also the Resolve in favor said Greer.

Endorsed, In the Senate 24 Apr., 1777.

Read and concurred with.

S. Ashe, S. S.

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a Resolve of this House impowering the Treasurers or either of them to advance to Mr. Andrew Greer of Washington District the sum of fifteen hundred pounds to enable him to provide for the Militia Stationed in said District.

A. Nash,
Speaker.

Rec'd at the same time the resolve above mentioned.

Endorsed, In the Senate, 24 Apr., 1777.

Read & concurred with.

Sam Ashe, S. S.

On Motion Ordered the following Message be sent the Commons to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send you two Resolves of your House in favor of Andrew Greer of Washington District, concurred with.

S. Ashe, S. S.

Mr. John Campbell, the Member for the County of Bertie, appeared and was qualified according to Ordinance of Congress.

The Senate adjourned 'til to-morrow morning 9 o'clock.


Friday, 25 Apr., 1777.

Met according to adjournment.

Mr. Charles McLean moved for leave to present a Bill for appointing Commissioners for building a Court House, prison & stocks for the County of Tryon.

Ordered he have leave accordingly.

Mr. Charles McLean presented the said Bill which he read in his place and delivered in at the Table where the Same was again

-------------------- page 38 --------------------
read, passed and ordered to be sent to the Commons by Mr. McLean & Mr. Gorrell.

On Motion Resolved that Mr. Campbell, Mr. Hunt & Mr. Luke Sumner be appointed a Committee to act jointly with such Members of the House of Commons as they may think proper to appoint for taking under consideration the conduct of Capt. John Vance of the Artillery Company.

And that the following Message be sent to the Commons:

Mr. Speaker and Gentlemen of the House of Commons:

This House have appointed Mr. Campbell, Mr. Hunt & Mr. Luke Sumner a Joint Committee with such of the Members or yours as you may think proper for enquiring into the Conduct or Capt. John Vance of the Artillery Company.

Sam Ashe, S. S.

Sent by the Assistant Clerk.

Rec'd from the Commons the following Messages, to-wit:

Mr. Speaker & Gentlemen of the Senate:

We herewith return you the resolve of your House for appointing William Ridley, Chirurgeon to the third Regiment of Continental Troops raised in this State, concurred with by this House.

A. Nash,
Speaker.

Also the Resolve above mentioned.

Endorsed In the House of Commons, 25 Apr., 1777.

Read & Concurred with.

A. Nash,
Speaker.

Mr. Speaker & Gentlemen of the Senate:

This House of Commons by Resolve have directed the Southern Treasurer to Comply with a Resolve of this House of the 22nd Instant Concurred with by your House on the 24th Instant. The Treasurer not thinking himself Warranted to advance the Sum required out of any Money in his hands without the particular direction of the General Assembly. This House therefore in order to carry into Execution the good purpose intended by the said Resolve of the 23rd that the necessary defence might not be

-------------------- page 39 --------------------
delayed have passed this Resolve which we send to you for your Concurrence.

A. Nash,
Speaker.

Rec'd the Resolve above Mentioned. Endorsed. In the Senate 25 Apr., 1777. Concurred with.

Sam Ashe, S. S.

Ordered the following Message be sent to the House of Commons, viz.:

Mr. Speaker & Gentlemen of the House of Commons:

Concurring with your Resolve of this day in favor of Andrew Greer, in order to carry into Execution the good purposes intended by the resolve of your House of the 22nd & Concurred with by this House, we herewith return same.

Sam Ashe, S. S.

Rec'd from the House of Commons the following Message, to-wit:

Mr. Speaker & Gentlemen of the Senate:

The House have appointed Mr. Ferebee, Mr. Whitmill Hill and Mr. Willie Jones a Committee to Act Jointly with such Gentlemen of your House as you think proper to appoint to enquire into the Situation of the Row Galleys directed to be built by this State & Virginia.

A. Nash,
Speaker.

The House Considering the said Message, Ordered the following be sent to the Commons, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

This House cannot concur with yours in appointing a Joint Committee to enquire into the Situation of the Row Galleys in Virginia, as they do not understand that this State bears any part of the expense in building and fitting them out, but that those Galleys were to be built at the sole Expense of Virginia, to lay at Ocracock Bar with the Armed Vessels of this State, in order to keep that Inlet, on a Supposition that their port would be blocked up, and that this Inlet would become a Quay to their Trade.

S. Ashe, S. S.
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Rec'd from the Commons the following Message, viz.:

Mr. Speaker & Gentlemen of the Senate:

We have Considered the Resolve of your House requesting the Commanding Officers to Transmit to the General Assembly lists of the different Battalions, Divisions, Companies & parts of Companies &c and also a list of Deserters Mentioning their Names, Sizes, Ages & place of abode. We propose the following Amendments, that, after the word Assembly in the 8th line the following words be added, to-wit, or in their recess to His Excellency the Governor and Council of State and that the same words be added after the word Assembly in the Eleventh line; with these Amendments this House will cheerfully Concur with your Resolve.


25 Apr., 1777.
A. Nash,
Speaker.

The House taking the said Message into Consideration, Resolved that the Same be Concurred with, that the Resolve be made Conformable thereto, and the following Message be sent to the Commons, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

We have rec'd and Considered your Message of Yesterday, and agree to the Amendments by you proposed in the resolve, requesting the Commanding Officers to Transmit to the General Assembly Lists of the different Battalions, Divisions, Companies, & parts of Companies & a List of Deserters, &c.


25 Apr., 1777.
Sam Ashe, S. S.

The Senate Adjourned 'til to-morrow Morning, 9 o'clock.


Sat. 26 Apr., 1777.

Met According to Adjournment.

Mr. Allen Jones moved for leave to present a Bill for the appointment of a Register in the Several Counties within this State.

Ordered he have leave accordingly. Mr. Jones presented the said Bill which he read in his place and Delivered in at the Table where the same was again read passed and Endorsed to be Sent to the Commons by Mr. Bradford & Mr. Ramsey.

Mr. Gorrell moved for leave to present a Bill for the more effectual destroying of Wolves and other Vermin.

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Ordered he have leave accordingly. Mr. Gorrell presented the said Bill which he read in his place and delivered in at the Table when the same was again read, passed & Ordered to be Sent to the Commons.

Sent by Mr. Gorrell & Mr. Russell. On Motion Ordered the Bill for Dividing Rowan County and other purposes therein mentioned be read the second time, read the same a second time, and passed and ordered to be Sent to the Commons by Mr. Rutherford & Mr. Love.

Rec'd from the Commons the following Bills to-wit:

A Bill for the more effectual destroying of Wolves and other Vermin.

A Bill for declaring What crimes and practices against the State shall be Treason and what shall be Misprision of Treason &c.

A Bill for the relief of persons who have or may Suffer by their Deeds of Mesne Conveyances not being proved and Registered within the time heretofore appointed by Law.

A Bill for the Regulation of the Town of Hillsborough.

A Bill for the appointment of Registers in the Several Counties within this State.

A Bill for Establishing a Town on the Land of John Smith & other persons.

A Bill for Dividing Anson County and other purposes therein Mentioned. Endorsed. In the House of Commons.

Read the first time and passed.

A Bill for appointing a Governor, Council of State and Secretary, and making provision for their respective Services.

A Bill for Establishing Fairs in the Town of Halifax in the County of Halifax.

A Bill for Dividing the County of Orange and other purpose.

A Bill for Dividing the County of Pasquotank &c.

A Bill for Incorporating a President & Trustees of Liberty Hall in the County of Mecklenburg. Endorsed. In the House of Commons 26 Apr., 1777. Read the Second time, Amended & passed.

Mr. Seawell moved for leave to present a Bill for Dividing Bute County and other purposes therein mentioned.

Ordered he have leave accordingly. Mr. Seawell presented the said Bill which he read in his place & Delivered in at the Table where the same was again read, passed and Ordered to be Sent to

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the Commons by Mr. Seawell & Mr. Corrie. Mr. Corrie moved for leave to present a Bill for impowering certain Commissioners therein mentioned to sell the Glebe House and Land in the County of Tyrrell.

Ordered to have leave accordingly.

Mr. Corrie presented the said Bill which he read in his place and Delivered in at the Table where the same was again read, passed & Ordered to be sent to the Commons by Mr. Seawell and Mr. Corrie.

Ordered the Bill for the Regulation of the Town of Hillsborough be read the first time, read the same passed & Ordered to be sent to the Commons by Mr. Bryan and Mr McLean.

Ordered the Bill for the relief of persons who have or may suffer by their mesne Conveyances not being proved and Registered within the time heretofore appointed by Law be read the first time, read the same passed & Ordered to be sent to the Commons by Mr. Bryan & Mr. McLean.

Ordered the Bill for Declaring what Crimes and Practices against the State shall be Treason, and what shall be Misprision of Treason &c. be read the first time, read the same the first time passed and Ordered to be sent to the Commons by Mr. Bryan & Mr. McLean.

Also the following Messages, to-wit:

Mr. Speaker & Gentlemen of the Senate:

This House being informed that the Row Gallies lately Built by the State of Virginia in or near this State, are about to be removed out of this, and considering how ruinous it may prove to the Commerce of this State to leave the same without any defence, have appointed a Committee to enquire and make report on the defence immediately necessary for Ocacock Inlet and the ports of Beaufort and Roanoke, and also to enquire what security or benefit this State is likely to derive from the said Row Gallies &c. Our Resolve upon this Subject we herewith send you and request your House to appoint a Committee to act Jointly with our Committee on this Occasion.

A. Nash,
Speaker.
-------------------- page 43 --------------------

This House propose Balloting on Monday 28th Instant, for Judges & Marshalls for the Respective Courts of Admiralty in this State, and desire your Concurrence thereto.

A. Nash,
Speaker.

Ordered the following Message be sent to the Commons, viz:

Mr. Speaker & Gentlemen of the House of Commons.

Agreeable to your Request this House have appointed Mr. Campbell and Mr. Jarvis a Committee to Act Jointly with a Committee of your House to enquire and make report on the defence immediately Necessary for Ocacock Inlet and the port of Beaufort and Roanoke and also to enquire what Security or benefits this State is likely to derive from the Row Galleys lately built by the State of Virginia.

S. Ashe, Sp. S.

Mr. Speaker & Gentlemen of the House of Commons.

Having rec'd and considered your Message, proposing to Ballot for Judges and Marshals for the respective Courts of Admiralty in this State on Monday the 28th Instant, we agree in the measure & time therein mentioned.

Sam Ashe, S. S.

The Senate adjourned 'til Monday morning 9 o'Clock.


Monday, 28 Apr., 1777.

Met according to adjournment. On Motion Ordered the Bill for Establishing a Town on the Land of John Smith and other purposes be read the second time, read the same a second time amended passed & Ordered to be sent to the Commons by Mr. Bryan and Mr. Gorrell.

Rec'd from the Commons the following message to-wit:

This House have put the following persons in Nomination for Judges and Marshals of the Courts of Admiralty for the respective ports in this State to-wit:

John Campbell Judge, David Davis Marshal for port Roanoke, Thos. Respess Judge, Nathan Keaise Marshal for port Bath, William Tisdale, Richard Cogdell, Alex Gaston Judges, John Green and Thos. Sitgreaves Marshals for port Beaufort, Sampson Moseley

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Judge, Henry Toomer, and Thomas Davis Marshals for Port Brunswick.

A. Nash, Sp.

28 Apr., 1777.

Ordered the following Message be sent to the Commons, viz:

In answer to your message, This House have put in Nomination for Judges and Marshals of the Courts of Admiralty for the respective ports in this State the following persons, to-wit:

For Port Roanoke,
John Campbell—Judge.
David Davis—Marshall.
Bath,
Thomas Respass—Judge.
Nathan Keaise—Marshall.
Beaufort,
William Tisdale,
Richard Cogdell,
Alexander Gaston,
James Davis, Judges.
Thos. Sitgreaves & John Green, Marshals.
Currituck,
Thomas Jarvis—Judge.
John Humphries—Marshall.
Brunswick,
Thomas Moseley—Judge.
Sampson Davis—Marshall.

On Motion Ordered the Bill for appointing Commissioners for Building a Court House, prison and Stocks for the County of Tryon be read the second time, read the same a second time. Amended, passed and Ordered to be sent to the Commons by Mr. McLean and Mr. Hunt.

Sam Ashe, S. S.

Rec'd from the Commons the following Message, to-wit:

Mr. Speaker & Gentlemen of the Senate:

This House are of Opinion that the Treasurers Salaries ought to be fixed before such Officers are Elected, and they also want time to consider whether it would not conduce to the public Interest to have more than two Treasurers, for these reasons they wish to

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postpone the Election of Treasurers, and desire your Concurrence of the Senate.

A. Nash,
Speaker.

Ordered the following Message be sent to the Commons, viz:

This House have Considered your Message and have Concurred therewith for postponing the Appointment of Treasurers.

S. Ashe, S. S.

On Motion Resolved that Mr. Cray and Mr. Coor be appointed Inspectors on the part of this House to Superintend the Balloting for Delegates of the Continental Congress, and Judges and Marshals of the respective ports in this State.

Mr. Cray, one of the Inspectors on the part of this House from the Balloting of both Houses for Electing Delegates to represent this State in General Congress and for Choosing Judges and Marshals of the respective ports, reported as follows, viz:

That the Inspectors of both Houses met in the Conference Room, and there did take and receive from the Members of the Senate and House of Commons the Tickets of all the Members of both Houses, which were put into a box, and upon examination of the Scrolls, it appeared that the following persons were elected by a majority of both Houses, to-wit:

89 Thomas Burke, 76 William Hooper, 76 John Penn, Esquires, Delegates to represent this State in General Congress.
William Tisdale, Judge, Thomas Sitgreaves, Marshall of the Court of Admiralty for port Beaufort.
Sampson Moseley, Judge, Thomas Davis, Marshall, of the Court of Admiralty for port Brunswick.
John Campbell, Judge, David Davis, Marshall, of the Court of Admiralty for port Roanoke.
Thomas Respass, Judge, Nathan Keaise, Marshall, of the Court of Admiralty for port Bath.
Thomas Jarvis Judge John Humphries Marshal of the Court of Admiralty. for port Currituck..

The House taking the said report into Consideration Concurred therewith. The Senate adjourned 'til to-morrow Morning 9 o'clock.

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Tuesday, 29 Apr., 1777.

Met According so Adjournment.

Ordered the following Message be Sent to the Commons, to-wit:

This House have taken into Consideration the Utility of appointing Public Treasurers in this State, and are of opinion that it will be proper to appoint two Treasurers one for the Southern and one for the Northern district as usual. And have put in Nomination Mr. John Ashe for the Southern and Mr. Sam'l Johnston for the Northern district, and propose balloting for said Officers at four of the Clock this Afternoon at which time We also propose to Ballot for Naval Officers of the different ports in this State, and have put in Nomination the following persons as Officers—for the port of Currituck Samuel Jarvis, for the port of Roanoke Michael Paine, for the port of Bath William Brown, for the port of Beaufort Jas. Coor & Mr. John Ashe Jr., & Parker Quince for the port of Brunswick.

Sam Ashe, S. S.

Rec'd from the Commons the Bill for appointing Naval Officers in this State and for directing their duty in Office. Endorsed in the Commons 29 Apr., 1777 read the first time and passed.

Ordered the said bill be read, read the Same passed and ordered to be sent to the Commons by.

Ordered the Bill for the appointment of Registers in the Several Counties within this State be read the second time, read the same a second time, amended, passed & Ordered to be Sent to the Commons by.

Mr. Coor moved for leave to present a Bill Impowering the Justices of the peace in the respective Counties in this State to lay Taxes for the Support of their poor and other good and charitable purposes. Ordered he have leave accordingly. Mr. Coor presented the said Bill which he read in his place and Delivered in at the Table where the same was again read, passed and Ordered to be sent to the Commons by Mr. Parratt & Mr. Gorrell.

Ordered the Bill for establishing Fairs in the town of Halifax in the County of Halifax, be read the second time, read the same a second time, passed and Ordered to be Sent to the Commons by Mr. Parratt and Mr. Gorrell.

Ordered the Bill for dividing the County of Orange and other

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purposes therein mentioned be read the third time, read the same a third time, passed & Ordered to be sent to the Commons by Mr. Parrat and Gorrell.

Ordered to be Engrossed.

Rec'd from the Commons the following Bills, to-wit:

A Bill for the relief of persons, who have or may suffer by their Deeds and Mesne Conveyances not being proved and Registered within the time heretofore appointed by Law.

Bill for Establishing a Town on the Land of John Smith and other purposes.

Bill for appointing Commissioners for building a Court House, prison & stocks for the County of Tryon.

Endorsed, read the second time and passed.

Bill for the regulation of the Town of Hillsborough.

Bill for declaring what crimes and practices against the State shall be Treason, and what shall be Misprision of Treason.

Endorsed, In the Commons, 29 Apr., 1777. Read the second time, amended & passed.

Bill for Erecting a prison in the Town of Edenton, &c.

Bill for securing the Tuscarora Indians in the quiet and peaceable possesion of their Lands in the County of Bertie.

Bill for Enforcing the Statute Laws and Acts of Assembly heretofore in use here, and also for enforcing the Resolves of the Conventions and Congress of this State, which have not had their effect and for other purposes therein mentioned.

Endorsed, In the Commons 29 Apr., 1777. Read the first time and passed.

Ordered the Bill for the Regulation of the Town of Hillsborough be read the second time. Read the same a second time, passed and ordered to be sent to the Commons by Mr. Parrat & Mr. Gorrell.

Ordered the Bill for enforcing the statute laws, &c., be read the first time, read the same a second time, passed and ordered to be sent to the Commons by Mr. Parrat and Mr. Gorrell.

Ordered the Bill for appointing a Governor, Council of State and Secretary, and making provisions for their respective services, be read the second time, read the same a second time, amended, passed and ordered to be sent to the Commons by Mr. Parrat and Mr. Jones.

-------------------- page 48 --------------------

Resolved that no more new Bills be admitted or received into this House after to-morrow.

On motion resolved that Mr. John Campbell be at Liberty to resign his appointment of Judge of the Admiralty for the port of Roanoke.

Ordered the following Message be sent to the Commons, viz:

Mr. Speaker & Gentlemen of the House of Commons:

Mr. John Campbell having resigned his appointment as Judge of the Court of Admiralty for port Roanoke, this House propose Balloting this afternoon at 4 o'Clock for a Judge of that port, & at the same time the House proceeds to ballot for Treasurers & Collectors.

Sam Ashe, S. S.

Ordered the Bill to promote the recruiting service, apprehending deserters and other purposes therein mentioned be read the first time, read the same passed & ordered to be sent to the Commons by Mr. Parrat & Mr. Jones.

On motion ordered the Bill for the more effectual Destroying Wolves and other Vermins be read the second time, read the same a second time, amended, passed and Ordered to be sent to the Commons by Mr. Parrat & Mr. Jones.

On Motion Ordered the Bill for the relief of persons who have or may suffer by their Deeds or Mesne conveyances not being proved and registered within the time heretofore appointed by law be read the second time, read the same a second time, passed & Ordered to be sent to the Commons by Mr. Parrat & Mr. Jones.

Ordered the following Message be sent to the Commons, to-wit:

The House being informed that a number of evil minded persons residing in the Counties of Anson, Cumberland, Bladen and Guilford do openly retard and obstruct the recruiting service and by their influence and evil example are otherwise prejudicial to the public Good of this State, have appointed Mr. Ramsey and Mr. Robeson a Committee with such of your Members as you may appoint to make enquiry into the conduct of the said persons and report thereon.

Sam Ashe, S. S.

On motion Ordered the Bill for Establishing a Town on the land of John Smith and other purposes be read the third time,

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read the same a third time, passed & ordered to be sent to the Commons by Mr. Parrat & Mr. Jones.

Ordered the Bill for erecting a prison in the Town of Edenton be read the first time, read the same, passed & ordered to be sent to the Commons by Mr. Parrat and Mr. Jones.

On motion Ordered the Bill for appointing Commissioners for Building a Court House, prison and Stocks for the County of Tryon be read the third time, read the same a third time, passed & ordered to be sent to the Commons by Mr. Parrat and Mr, Jones.

On motion Ordered the Bill for Incorporating a President and Trustees of Liberty Hall in the County of Mecklenburg be read the second time, read the same, passed and ordered to be sent to the Commons by Mr. Rutherford and Mr. Alexander.

Rec'd from the Commons the following Message, to-wit:

Mr. Speaker & Gentlemen of the Senate:

In answer to your Message relative to the balloting for Treasurers and Naval Officers at 4 o'Clock this evening.

This House are not yet fully satisfied how many Treasurers it may be expedient to appoint and therefore propose deferring the balloting for such officers 'til another day.

A. Nash,
Speaker.

Rec'd from the Commons the following message:

In answer to your message proposing a Joint Committee to enquire into the conduct of certain disaffected persons in the Counties of Anson, Cumberland, Bladen and Guilford, and respecting the resignation of Mr. John Campbell who was appointed Judge of the Court of Admiralty for port Roanoke, we inform you that this House concurs with you in the proposed enquiry, and have appointed Messrs. T. Benbury, Pucket, Rochester, and Owen a Committee for that purpose, but declines proceeding to the electing of a Judge of Admiralty for the present as the same may be done with less expence of time when the Treasurers are balloted for.


29 Apr., 1777.
A. Nash,
Speaker.

On motion Ordered the Bill for Dividing Anson County and other purposes therein mentioned, read a second time, read the same, amended, passed and ordered to be sent to the Commons by Mr. Rutherford & Mr. Alexander.

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Ordered the Bill for securing the Tuscarora Indians in the quiet and peaceable possession of their lands in the County of Bertie, be read the first time, read the same, passed, and ordered to be sent to the Commons by Mr. Rutherford and Mr. Alexander.

Ordered the Bill concerning Oaths be read the first time, read the same, passed, and ordered to be sent to the Commons by Mr. Rutherford and Mr. Alexander.

Ordered the Bill for dividing Rowan County and other purposes therein mentioned, be read the third time, read the same, amended & passed, and ordered to be sent to the Council by Mr. Rutherford & Mr. Alexander.

Ordered the following Message to be sent to the Commons:

Mr. Speaker & Gentlemen of the Commons:

This House have considered your Message respecting the appointment of a committee to prepare and bring in a Bill for pointing out a mode of taxing by a General Assessment and have appointed Mr. Coor, Mr. Sumner, Mr. Salter & Mr. Williams a committee to act jointly with yours for that purpose.

S. Ashe, S. S.

Sent by the Clerk of the Senate.

Rec'd from the Commons the following Message, viz:

Mr. Speaker & Gentlemen of the Senate:

This House Considering the enormous expence the public is at by the Supernumerary Officers in the Continental Regiments raised in this State have thought proper to appoint Mr. Jones, Mr. Hooper, and Mr. Person a Committee to devise Ways and Means to remove the expence arising therefrom to act in conjunction with such gentlemen as you may think proper to appoint.

A. Nash,
Speaker.

Ordered the following Message be sent to the Commons, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

This House have appointed Mr. Bradford and Mr. Coor a Joint Committee to act with the Committee appointed by your House to devise ways and means to remove the expence arising by the Supernumerary Officers in the Continental Regiments raised in this State.

Sam Ashe, S. S.

The Senate adjourned 'til to-morrow morning 9 o'Clock.

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Wednesday, Apr. 30th, 1777.

Met according to adjournment.

Mr. Skinner moved for leave to present a Bill to prevent domestick insurrections and for other purposes.

Ordered he have leave accordingly.

Mr. Skinner presented the said Bill which he read in his place and delivered in at the Table where the same was again read, passed and Ordered to be sent to the Commons by Mr. Skinner and Mr. Gorrell.

Mr. Gorrell moved for leave to present a Bill for appointing Commissioners for finishing the Court House, prison & stocks in the County of Guilford.

Ordered to have leave accordingly.

Mr. Gorrell presented the said Bill which he read in his place and delivered in at the Table where the same was again read, passed & Ordered to be sent to the Commons by Mr. Skinner & Mr. Gorrell.

Ordered the Bill for Dividing the County of Pasquotank and other purposes therein mentioned be read the third time, read the same a third time, amended, passed and Ordered to be sent to the Commons by Mr. Skinner & Mr. Gorrell.

Ordered the Bill for the punishment of such persons as shall procure or commit any Wilful Perjury be read the first time, read the same the first time, passed and Ordered to be sent to the Commons by Mr. Skinner & Mr. Gorrell.

Mr. Allen Jones moved for leave to present a Bill to establish a Militia in this State.

Ordered he have leave accordingly.

Mr. Jones presented the said Bill which he read in his place & delivered in at the Table where the same was again read, passed & Ordered to be sent to the Commons by Mr. Jones and Mr. Bradford.

Rec'd from the Commons the following Bills:

A Bill to prevent Gaming.

A Bill for repealing certain clauses of an act concerning servants & Slaves.

A Bill for enlarging the time of selling lots in the Town of Windsor in Bertie County.

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A Bill to prevent fire, hunting, &c.

A Bill for continuing an act entitled an act to amend an act entitled an act what fences are sufficient, and to amend and continue an act relating to taking up Stray Horses.

A Bill for regulating elections of Senators & Members of the House of Commons, &c.

A Bill for enforcing the Statute Laws, &c.

A Bill for levying a Tax by General Assessment.

On motion resolved the House resolve itself into a Committee of the whole House to take under consideration the Bill for declaring what crimes and practices against the State shall be Treason, and what shall be misprision of Treason, &c.

The House resolved itself into a Committee of the whole accordingly and chose Mr. Jno. Campbell chairman, the said Bill being read paragraph by paragraph and some time spent therein, the Committee came to sundry resolutions. Then on motion Mr. Speaker resumed the chair and Mr. Chairman reported to the House as follows, to-wit:

That the words “Sojourner and Sojourn” in the first paragraph be deled.

That the words “or other Sufficient Testimony” in the third paragraph, seventh line, be added immediately after the word witnesses.

That the words “Either or Distrait,” in the fourth paragraph, line 13th, be added.

That the words “as becomes a good & faithful Subject,” in the seventh line of the Oath, be added.

That the words “to the utmost of my power,” in the 7th line, be deled.

That the words “are or,” in the affirmation in the fourth line, be added.

The House taking the said report into consideration concurred therewith, and Ordered the said Bill be amended agreeable to the said report, the same being amended. Then on motion Ordered the said Bill be read with the Amendations, read the same, amended, passed and Ordered to be sent to the Commons by Mr. Mr. Hunt and Mr. Ramsey.

Ordered the Bill for erecting County Courts and Sessions of the peace, &c., be read the first time, read the same, passed and Ordered to be sent to the Commons by Mr. Hunt & Mr. Ramsey.

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Mr. Robeson moved for leave to present a Bill to empower the Justices of Bladen County to take into their possession the records of said County now in possession of Matusen Colville.

Ordered he have leave accordingly.

Mr. Robeson presented the said Bill which he read in his place and delivered in at the Table where the same was again read, passed and Ordered to be sent to the Commons.

Sent by Mr. Robeson and Mr. Kenan.

On a motion being made and seconded for leave to prepare and bring in a Bill for dividing the province into six several districts, and for establishing a Superior Court of Justice in each of the said districts, and quarter Sessions in the several Counties in this province and regulating the proceedings therein, the same being objected to, the question was put and carried in the Negative. Then on motion Ordered the Yeas and Nays be taken on the said question, viz:

Yeas.
Nays.
Luke Sumner
Benjamin Exum
James Coor
William Russell
Robert Summer
Memucan Hunt
William Skinner
William Cray
Robert Salter
Benj. Seawell
Arch. Corrie
Ambrose Ramsey
Thomas Hart
Thomas Respass
Griffith Rutherford
John Bradford
John Carter
James Parratt
Jno. McNitt Alexander
William Williams
David Love
James Kenan
Ralph Gorrell
Elisha Battle
Charles McLean
Robt. Lanier
John Campbell, 14
Sam'l Jarvis
Allen Jones
Thomas Robeson, 16

Rec'd from the Commons the following Messages:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you a Resolve of this House directing John Ashe Esquire the Southern Treasurer to pay a Bill drawn on the

-------------------- page 54 --------------------
Treasury of this State by John G. Blount in favor of John Sears, to which we desire your Concurrence.

A. Nash,
Speaker.

Rec'd the Resolve. Endorsed. In the Senate 30th Apr., 1777.

Read and Concurred with.

Sam Ashe, S. S.

Mr. Speaker and Gentlemen of the Senate:

As there are now several Bills ready to be Engrossed this House propose for your concurrence that the stile of all Bills shall run in these words, “Be it Enacted by the General Assembly.”

A. Nash,
Speaker.

Ordered the following Message be sent to the Commons, viz.:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House impowering and directing John Ashe Esq. Treasurer of this State to pay the bill drawn on this Treasury by John G. Blount in favor of John Sears. Concurred with.

Sam Ashe, S. S.

Mr. Speaker & Gentlemen of the House of Commons:

Your proposition that all Bills shall run in the words “Be it enacted by the General Assembly” We agree to, provided you will, also agree that the following words be added, viz.: “of the State of North Carolina.”

Sam Ashe, S. S.

Mr. Kenan moved for leave to present a Bill to impower the Justices of the County of Duplin to take into their possession the Records, process papers and proceedings of the late Inferior Court of pleas and quarter Sessions of the said County.

Ordered he have leave accordingly. Mr. Kenan presented the said Bill which he read in his place & Delivered in at the Table where the same was again read, passed and Ordered to be sent to the Commons by Mr. Kenan & Mr. Salter. The Senate adjourned 'til to-morrow morning, 9 o'clock.


Thursday, 1st May, 1777.

Met according to adjournment.

This House have rec'd information that the Small pox is on

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Board the Pennsylvania Farmer now lying at Cape Look out, and that sundry persons have arrived at New Berne from on Board said Vessel.

Resolved that all such persons be directed immediately to depart the town and that the Justices of the County of Craven see this resolution carried into effect, and cause the said Pennsylvania Farmer to ride Quarantine in some convenient place until she shall be cleared of the infection of that contagious distemper.

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send you a Resolve of this House requiring the Justices of Craven to direct all such persons as have come to town from on Board the Pennsylvania farmer to depart the same &c and desire your Concurrence.

Sam Ashe, S. S.

Ordered the Bill to prevent Gaming be read the first time, read the same, passed & Ordered to be sent to the Commons, by Mr. Ramsey and Mr. Exum.

Ordered the Bill to prevent fire, hunting, &c be read the first time, read the same, passed & Ordered to be sent to the Commons by Mr. Ramsey and Mr. Exum.

Ordered the Bill for enforcing the Statute Laws &c be read the second time, read the same Amended passed & Ordered to be sent to the Commons by Mr. Ramsey and and Mr. Exum.

Ordered the Bill for Repealing certain Claims of an Act Concerning Servants and Slaves be read the first time, read the same passed & ordered to be sent to the Commons by Mr. Ramsey and Mr. Exum.

Ordered the Bill for regulating Elections &c be read the first time, read the same passed and Ordered to be sent to the Commons by Mr. Ramsey and Mr. Exum.

Ordered the Bill for Continuing an Act entitled an Act to amend an Act Entitled An act what fences are Sufficient and to amend and Continue an act relating to taking up Stray Horses be read the first time read the same passed & Ordered to be sent to the Commons by Mr. Ramsey & Mr. Exum.

Ordered the Bill for enlarging the time of Saving Lots in the Town of Windsor in Bertie County be read the first time, read the same and passed and sent to the Commons by Mr. Ramsey and Mr. Exum.

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Rec'd from the Commons the following Message.

Mr. Speaker and Gentlemen of the Senate:

This House Concur with yours in the purposed Alterations in the title of Bills and have made our former Message conformable thereto.

A. Nash, Sp.

A Motion being made for leave to present a Bill for Establishing Courts of Justice, and for regulating the proceedings therein, the same being objected to, and the question put it passed in the Negative. On Motion Ordered Mr. Arch. Maclaine have leave to enter his protest thereon in Writing.

Ordered the Bill for levying a Tax by General Assessment be read the first time, read the same passed and sent to the Commons by Mr. Hart and Mr. Robert Sumner.

Rec'd from the Commons the following Bills.

A Bill to Establish a Militia in this State.

A Bill for appointing Commissioners for finishing the Court House prison and Stocks in the County of Guilford.

A Bill to prevent domestick insurrections, and for other purposes.

A Bill to erect the Town of Wilmington into a Burough incorporate and establishing Regulations for the same.

A bill for the encouragement of the Militia and others employed in prosecuting the present Indian War. Endorsed, Read the first time and passed.

A Bill for the punishment of such persons as shall procure or commit any wilful perjury.

A Bill for appointing Naval Officers in this State and for directing their duty in office, Endorsed, read the second time & passed.

A Bill for establishing Fairs in the Town of Halifax in the County of Halifax.

A Bill for the regulation of the Town of Hillsboro, endorsed, read the third time, amended & passed.

Rec'd from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you for your concurrence the report of the Commissioners appointed last Congress to examine into the circum

-------------------- page 57 --------------------
stances of William Wommock of Orange County, concurred with by this House.

A. Nash,
Speaker.

Rec'd the report above mentioned, endorsed, in the Senate 1 May, 1777.

Concurred with.

S. Ashe, S. S.

Ordered the following message be sent to the Commons, viz:

We herewith return the report of the Commissioners for examining into the circumstances of William Womack.

Concurred with by the Senate.

S. Ashe, S. S.

Ordered a Bill to establish a Militia in this State be read the second time, read the same, amended, passed and Ordered to be sent to the Commons by Mr. Cray and Mr. Hunt.

Rec'd from the Commons the following Bills, viz:

A Bill for establishing Fairs in the Town of Halifax, in the County of Halifax. Endorsed, Read the third time, amended & passed, Ordered to be engrossed.

A Bill to establish Courts for the trial of Criminals in each District within the State, &c, Endorsed, Read the first time & passed.

Ordered the Bill for appointing Commissioners for finishing the Court House, prison & stocks in the County of Guilford, be read the second time, read the same, passed and ordered to be sent to the Commons by Mr. Coor & Mr. Jarvis.

On motion Resolved, that Isaac Gregory, William Ferebee, Joseph Redding, James Ferebee and Demsey Burgis, be and they are hereby appointed Commissioners to make an inventory of all & singular the estate of Thomas McKnight in whose hands soever the same may be, and the said Commissioners or any three of them are hereby impowered and authorized to call before them any person or persons whom they may suspect to be indebted to the said Thomas McKnight, or to have any of his estate in possession, and to administer to such person or persons, or to any witness who may be thought capable of giving information, an oath to declare what he or she or they may know in the premises. The Commissioners shall also examine & adjust the claims of all persons who may

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have any demands against the said Thomas McKnight, for which purpose they are hereby impowered to call persons before them & to administer such oaths as may be necessary to elucidate such claims. And the Inventory so taken with an account of all the proceedings shall be returned to the next General Assembly.

Rec'd from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House concurring in your resolve relative to the measures you recommend to prevent the small pox spreading amongst the inhabitants of this State from the Pennsylvania Farmer.

A. Nash,
Speaker.

Ordered the Bill to prevent fire, hunting, &c., be read the second time, read the same, amended, passed and Ordered to be sent to the Commons by Mr. Alexander & Mr. Exum.

Ordered the Bill for establishing Fairs in the Town of Halifax, be read the third time, read the same, passed and Ordered to be engrossed.

Ordered the Bill to erect the Town of Wilmington into a Burough, &c., be read the first time, read the same, passed & Ordered to be sent to the Commons by Mr. Parrat and Mr. Lanier.

Ordered the Bill for the Regulation of the Town of Hillsborough be read the third time, read the same, passed and Ordered to be sent to the Commons by Mr. Hart & Mr. McLean.

Ordered the bill to prevent domestick insurrections & for other purposes be read the second time, read the same, amended, passed and ordered to be sent to the Commons by Mr. Respass and Mr. Battle.

Ordered the Bill for the encouragement of the Militia and others employed in prosecuting the present Indian War be read the first time, read the same, passed & Ordered to be sent to the Commons by Mr. Rutherford & Mr. Robeson.

Ordered the Bill to establish Courts for the trial of criminals in each district within this State, &c., be read the first time, read the same, passed & Ordered to be sent to the Commons by Mr. Luke Sumner & Mr. Corrie.

-------------------- page 59 --------------------

Ordered the following Message be sent to the Commons, viz:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send you a resolve of this House empowering certain Commissioners therein mentioned to make an Inventory of the estate of Thomas McKnight, &c. And to examine & adjust the claims of all persons who may have demand against the said estate, and desire your concurrence.

Sam Ashe, S. S.

Ordered the Bill for appointing Naval officers in this State and for directing their duty in office be read the second time, read the same, amended, passed and Ordered to be sent to the Commons by Mr Coor & Mr. Russell.

1 May, 1777.

Ordered the following Message be sent to the Commons, viz:

Mr. Speaker & Gentlemen of the House of Commons:

This House propose Balloting at five o'Clock this evening for the place and time for holding the next General Assembly, and have put in nomination the following places, viz: Halifax, Hillsborough and New Berne, and further that the next Assembly be held on the first Monday in November next.

Sam Ashe, S. S.

Also the following Message, viz:

This House propose balloting at five o'clock this evening for a delegate to represent this State in Congress in the room of William Hooper, Esquire, resigned, and have put in nomination Joseph Hewes, Cornelius Harnett, Whitmill Hill & Waightstill Avery, Esq. at the same time they intend balloting for Treasurers and a Judge for the Court of Admiralty at port Roanoke in the room of John Campbell, Esquire, resigned, and have put in nomination, John Ashe and Samuel Johnston, Esquires, for Treasurers and Mr. Joseph Blount for Judge of said port, they also at the same time propose to ballot for Naval Officers, and have put in nomination Samuel Jarvis for port Currituck, Michl. Paine for port Roanoke, William Brown for port Bath, James Coor for port Beaufort, and John Ashe for port Brunswick.

Sam Ashe, S. S.

Rec'd from the Commons the following Message:

We herewith send for your concurrence a resolve of this House

-------------------- page 60 --------------------
ordering all officers of the Continental Army in the State, who are not left for the express purpose of recruiting, to join the Army on its march to Gen. Washington. Rec'd the resolve.

Endorsed, In the Senate, 2nd May, 1777.

Concurred with.

Sam Ashe, S. S.

Ordered the following Message be sent to the Commons, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

Your resolve ordering all officers of the Continental Army in this State, who were not left for the express purpose of recruiting, to join the Army in its march to General Washington, we herewith return, concurred with.

Sam Ashe, S. S.

Rec'd from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

The Bill for dividing Rowan County, &c., hath been read the third time in this House and passed with some amendments, in the second section thereof, a copy of which, as the same is amended, we herewith send you. The preamble hath also been amended by the word “Election,” instead of the word “Muster.” If your House approve of this amendment, we request that two of your Members may attend this House to see the amendments inserted in the Bill.

A. Nash,
Speaker.

The House taking into consideration the said Message, Ordered that Mr. Rutherford and Mr. Alexander attend the House of Commons to see the proposed alterations made.

The Senate adjourned 'til to-morrow morning 9 o'clock.


Friday, 2 May, 1777.

Met according to adjournment.

Ordered the Bill for the punishment of such persons as shall procure or commit any wilful perjury be read the second time, read the same, passed and Ordered to be sent to the Commons by Mr. Carter and Mr. Gorrell.

Rec'd from the Commons the following Bills, viz:

A Bill to empower the Justices of Bladen County to take in

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their possession the Records of said County now in possession of Matusen Colville.

A Bill for securing the Tuscarora Indians in the quiet and peaceable possession of their lands in the County of Bertie.

A Bill for erecting County Courts and of the peace &c.

Ordered the Bill for securing the Tuscarora Indians in the quiet and peaceable possession of their Lands in the County of Bertie, be read the second time, read the same the second time, and Rejected—

Rec'd from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House for allowing John Foster a certain sum of Money that he advanced for the public, you will also receive the accounts.

A. Nash,
Speaker.

Rec'd the Resolve above Mentioned. Endorsed in the Senate 2nd May, 1777.

Concurred with.

Sam Ashe, S. S.

Ordered the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We return you the Resolve of your House for allowing John Foster a certain sum therein mentioned, Concurred with, also the am't relative thereto.

Sam Ashe, S. S.

Rec'd from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve for Liberating William McKown from the Continental Service agreeable the prayer of his Petition which you will also receive.

A. Nash,
Speaker.

Rec'd the Resolve. Endorsed. In the Senate 2nd May, 1777.

Read & Concurred with.

Sam Ashe, S. S.
-------------------- page 62 --------------------

Ordered the following Message be sent to the Commons, viz.:

Mr. Speaker & Gentlemen of the House of Commons:

We return you your Resolve for Liberating William McKown from the service of a Soldier agreeable to the prayer of his Petition. Concurred with by this House.

Sam Ashe, S. S.

Ordered the Bill to impower the Justices of Bladen County to take into their possession the Records of said County &c, be read the second time, read the same, passed and Ordered to be sent to the Commons, by Mr. Ramsey & Mr. Robeson. Ordered the following Message be sent to the Commons:

Mr. Speaker and Gentlemen of the House of Commons:

This House propose to put in Nomination for Naval Officers at port Brunswick, Parker Quince Esq. with Mr. Ashe.

Sam Ashe, S. S.

Ordered the Bill for erecting County Courts, and Sessions of the peace &c. be read the second time, read the same, passed and Ordered to be sent to the Commons by Mr. Cray & Mr. Hart.

Rec'd from the Commons the following Bills:

A Bill for regulating Elections of Senators & Members of the Houses of Commons &c.

A Bill for Repealing certain Clauses of an Act concerning Servants & Slaves.

Endorsed in the House of Commons, read the second time and passed.

A Bill to Establish a Militia in this State. Endorsed. In the House of Commons read the second time, amended & passed.

A Bill to erect the town of Wilmington into a Burrough &c. Endorsed. In the House of Commons 2nd May, 1777. Read the second time, passed & amended.

Rec'd from the Commons the following:

Mr. Speaker & Gentlemen of the Senate:

This House have resolved that the Treasurers of this State be allowed after the rate of five hundred pounds each per annum during their continuance in office for the ensuing year in lieu and satisfaction of all services as Treasurers. Should your House concur with this resolve please signify the same by message.

A. Nash,
Speaker.

2nd May, 1777.
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On motion Ordered the following message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have rec'd your message and resolve respecting the allowance to the Treasurers, and would propose the following resolve instead of that adopted by you. Resolved that the two Treasurers of this State hereafter chosen be allowed the sum of five hundred pounds each per annum for the ensuing year, in lieu and satisfaction of all services as Treasurers. If you agree please to signify your concurrence by message.

Sam Ashe, S. S.

Rec'd from the Commons the following message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you for your concurrence the report of the committee appointed to enquire into the condition of the Iron Works in Chatham County.

Concurred with by this House.

A. Nash,
Speaker.

Ordered the following message be sent to the Commons, viz:

Mr. Speaker & Gentlemen of the House of Commons:

This House have considered the report of the Committee appointed to inquire into the condition of the Iron Works erected in the County of Chatham, are of opinion that the said report is in some instances imperfect. We therefore propose that the whole of the money expended on said works together with interest, and all expences thereon advanced by & occasioned by this State on account of said Iron Works, be paid or secured to the Commissioners in behalf of this State, before the titles from the said Wilcox be returned to him, for these reasons this House cannot concur with the report as it now stands. We therefore propose recommitting

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the consideration thereof to the Committee already appointed, if your House concur in the measure please signify the same.

Sam Ashe, S. S.

Sent by the Assistant Clerk.

On motion Ordered that the following message be sent to the Commons, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

This House sent you some time ago, a petition of James Ellis, complaining that an orphan mulatto boy had been removed to South Carolina and secreted. We conclude that the grievance therein complained of which should engage the humanity of every one, has in the hurry of business escaped your attention. We therefore request that you will take it under immediate consideration, that some mode of redress may be adopted before it is too late.

Sam Ashe, S. S.

Sent by Assistant Clerk.

Resolved that the conduct of Captain Griffith McRee in inlisting men for a shorter time than was ordered by the Congress of this State, as it is conjectured, in order to establish a priority of rank in his Regiment, and refusing to discharge such men when the times of inlistment were exposed, be represented to Gen. Nash or the Commanding officer, that he may be punished agreeable to the Articles of War. Also that it be recommended to the Commanding Officer of the Continental Troops in this State, to examine into the conduct of his officers with respect to the inlistments, and where they may be found to have offended in a similar manner with Capt. McRee, that they be punished according to their demerits; and that General Nash make a return of such officers and the number of soldiers by them inlisted contrary to orders & send the same to the Governor.

Sam Ashe, S. S.

Ordered the following message be sent to the Commons, viz:

Mr. Speaker & Gentlemen of the House of Commons:

We send for your concurrence a resolve respecting the conduct of Capt. Griffith McRee. Also for the commanding officer of the Continental Troops in this State to examine into the conduct of his officers &c, &c.

Sam Ashe, S. S.
-------------------- page 65 --------------------

Resolved that Mr. Parratt and Mr. Salter be appointed Inspectors on the part of this House for Conducting the Balloting for a Delegate, a Judge of the Court of Admiralty for port Roanoke, Treasurers, and Naval Officers for the respective ports in this State, and the place & time for holding the next Gen'l Assembly. Mr. Parratt from the Balloting &c reported that Cornelius Harnett Esq was elected a Delegate for this State in Room of William Hooper Esquire resigned, by a majority of both Houses. Joseph Blount Judge of the Court of Admiralty for port Roanoke.

John Ashe and Samuel Johnston Esquires Treasurers of this State.

Samuel Jarvis
Naval
Officer
of Port Currituck
Michl. Paine
do
of Port Roanoke
William Brown
do
of Port Bath
James Coor
do
of Port Beaufort
John Ashe
do
of Port Brunswick

by a majority of both Houses. And that New Berne has the greatest number of votes for holding the next Assembly, but not a majority of both Houses.

Rec'd from the House of Commons:

The Bill to promote the recruiting service apprehending deserters and other purposes therein mentioned. Endorsed in the House of Commons 2nd May, 1777, read the second time, amended and passed. Also the Bill for levying a tax by general assessment. Endorsed in the House of Commons May 2nd, 1777, read the second time, amended and passed. Received from the Commons the following Message, to-wit:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence the report of a Committee that was apponted to take into consideration the situation of Hermon Gaston a soldier; also a Resolve of this House for discharging the said Hermon Gaston from the Continental Service, and allowing him a certain sum of money for his wages &c.

A. Nash,
Speaker.

The Senate adjourned 'til to-morrow morning at 9 o'clock.

-------------------- page 66 --------------------


Sunday, 4th May, 1777.

Met according to adjournment.

Ordered a Bill to Establish a Militia in this State be read the third time, read the same, amended, passed & Ordered to be sent to the Commons by Mr. Cray and Mr. Alexander.

Rec d from the Commons the Bill for the appointment of Registers in the several counties within this State. Endorsed in the Commons 4th May, 1777. Read the second time & passed with the amendments.

Rec'd from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We have rec'd and considered your Message relative to the Iron Works in Chatham County, and Concur with the proposals therein mentioned.

A. Nash,
Speaker.

Also the following Message, to-wit:

Mr. Speaker & Gentleman of the Senate:

We herewith send for your Concurrence a Resolve of this House appointing Thomas Burke, John Penn, and Cornelius Harnett Esquires, delegates to represent this State in the Continental Congress, also a Resolve impowering the Treasurers or either of them to pay to the aforesaid delegates the sum of two thousand dollars or to draw on the Continental Treasury for the same.

A. Nash,
Speaker.

Also the Resolve referred to in the above Message, to-wit:

Resolved that Thomas Burke, John Penn, and Cornelius Harnett 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 Genl. Assembly shall direct otherwise, and they are invested with such powers as may make any act done by them, or any of them, or consent given in the said Congress in behalf of this State obligatory upon every inhabitant thereof. Resolved that Thomas Burke, John Penn and Cornelius Harnett Esquires, delegates appointed by this State to attend the General Congress at Philadelphia, or such other place as may be appointed,

-------------------- page 67 --------------------
be allowed at the rate of two thousand 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. Endorsed in the Senate 4th May, 1777.

Read & Concurred with.

Sam Ashe, S. S.

Ordered the following Message be sent to the Commons, to-wit:

Mr. Speaker & Gentlemen of the Commons:

We herewith return you the resolve of your House appointing Thomas Burke, John Penn and Cornelius Harnett, Esquires, Delegates, also a resolve empowering the Treasurers or either of them to pay to the aforesaid delegates the sum therein mentioned concurred with.

Sam Ashe, S. S.

Rec'd from the Commons the following Message, to-wit:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House ordering Captain Cosmo Medici to proceed on to the Northward with such of his men as have horses, also a resolve empowering Gen'l Jones & Mr. Willie Jones to purchase horses for those of Capt. Medici's men as are without.

Ordered the following Message be sent to the Commons:

We have received & considered your resolves and Message directing Capt. Medici to proceed to the Northward with all the men in his Troop of Light Horse who have horses, and those who are without to remain until supplied, which this House concur with but that resolve empowering Gen'l Jones & Mr. Willie Jones to purchase Horses at their discretion we cannot concur with & propose that the price of such horses to be furnished shall not exceed Forty pounds each.

Resolved that the Public Printing Office shall be kept in the Town of Halifax, in the County of Halifax, in this State, and that the following Message be sent to the Commons. to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

We send you for your concurrence a resolve of this House for fixing the Public Printing Office in Halifax.

Sam Ashe, S. S.
-------------------- page 68 --------------------

Rec'd from the Commons the following Message, to-wit:

Mr. Speaker & Gentlemen of the Senate:

We herewith return you the resolve of your House respecting Capt. Griffith McRee, concurred with.


4th May, 1777.
A. Nash,
Speaker.

Also the following Message, to-wit:

This House have considered your Message and resolve empowering certain Commissioners to make an in ventory of the estate of Thomas MacKnight, &c., with this House will concur with, provided you will make the following alterations, to-wit:

We propose Mr. Samuel Sawyer a Commissioner, in the room of James Ferebee, and Mr. John Stanly to be added to those already appointed. The House taking the said Message into consideration concurred therewith.

Ordered the following Message be sent to the Commons, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

This House agree that Mr. Samuel Sawyer be appointed a Commissioner in the room of James Ferebee, and Mr. John Stanly be added to the said commissioners for inventoring the estate of Thos. MacKnight, &c.

Sam Ashe, S. S.

Ordered the Bill for the appointment of Registers in the several Counties in this State be read the third time, read the same, passed & Ordered be sent to the Commons by Mr. Jones and Mr. Bradford.

Ordered the Bill for appointing Commissioners for finishing the Court House, prison & stocks in the County of Guilford be read the third time, read the same, passed & Ordered to be sent to the Commons by Mr. Jones and Mr. Bradford.

Ordered the Bill to promote the recruiting service, apprehending Deserters and other purposes therein mentioned, be read the second time, read the same, passed & Ordered to be sent to the Commons by Mr. Jones and Mr. Bradford.

Ordered the Bill for regulating the Elections of Senators and Members of the House of Commons, &c., be read the second time, read the same & rejected.

Whereas it is necessary that Sheriffs and other returning

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officers should have some directions how to take the votes at elections for supplying vacant seats in the General Assembly, until some law shall be enacted for that purpose. Resolved therefore that when any writ shall be issued for the election of a Member of the General Assembly the Sheriff or other returning officer shall give twenty days' notice thereof at the Court House and other public places in his County. If the time will permit and on the day of election the candidates or in their default, the returning officer shall choose two inspectors to attend each ballot, and there shall be one box for the ticket or scroll delivered for the choice of a Senator, and another for those of the Members of the House of Commons; and tickets shall be rolled up, & dropped, in presence of the Sheriff & Inspector, into the box, thro' a small hole made for that purpose. The election may be kept open two days unless all the candidates shall agree to close it sooner. As each voter delivers his scroll the Sheriff and Inspectors shall use several lists to be kept for that purpose, and take down his name. The names of the voters for Senators and Members of the House of Commons to be inscribed in separate lists. When the election shall be finished the returning officers & inspectors shall open the boxes and take out Tickets and call over the names therein inserted, and number the ballots. In case of an equality of votes between any two or more candidates, the returning officer shall give the casting vote. He shall not vote in any other case whatsoever. Where there is neither Sheriff or Coroner in any County the candidates shall appoint some person to take the ballot & make return of the writ of election.

Sam Ashe, S. S.

Resolved that His Excellency the Governor be requested to furnish the field officers of the several regiments of militia in this State with Blank Commissions to be filled in with the names of the Captains, Lieutenants and Ensigns in their respective Regiments, and that the Col. of each Regiment transmit to the commander-in-chief the names of the persons so commissioned within three months from the date of such Commissions.

Sam Ashe, S. S.

Ordered the following message be sent to the Commons, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House

-------------------- page 70 --------------------
requesting His Excellency the Governor to furnish the field officers of the several regiments of militia in this State with blank commissions, &c.

Sam Ashe, S. S.

The Senate adjourned 'til to-morrow morning 9 o'Clock.


Monday, May 5, 1777.

Met according to adjournment.

Ordered the Bill to erect the Town of Wilmington into a Burough incorporate, &c., be read the second time, read the same, amended, and it being put on its passage was rejected.

Rec'd from the Commons the following bill:

A Bill for the encouragement of the militia & others employed in the prosecuting the present Indian War.

A Bill to establish Courts for the trial of criminals in each district within this State, &c.

A Bill to prevent gaming, endorsed in the House of Commons read the second time, amended & passed, &c.,

A Bill to impower the Justices of Bladen County to take into their possession the records of said County, &c., endorsed in the House of Commons. 4th May, 1777. Read the second time and passed.

Ordered the Bill to establish Courts for the trial of criminals in each District within this State, &c., be read the second time, read the same, amended, passed and ordered to be sent to the Commons by Mr. Alexander and Mr. Salter.

Ordered the Bill to prevent gaming be read the second time, read the same, amended, passed and ordered to be sent to the Commons by Mr. Coor & Mr. Parratt.

On motion resolved, the resolve of this House of the 29th April last, that no more Bills be admitted & received into this House after the succeeding day be rescinded.

Mr. Maclaine moved for leave to present a bill to prevent the foregoing or counterfeiting, and to punish such persons as shall forge or counterfeit, or pass or send knowing the same to be forged or counterfeited, any of the Lottery Tickets of the United States.

Ordered he have leave accordingly.

Mr. Maclaine presented the said Bill which he read in his place and delivered in at the table, where the same was again read,

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passed and ordered to be sent to the Commons by Mr. Sumner and Mr. Respass.

Ordered that Mr. Allen Jones have leave of absence from this House during the session.

Read the petition of Baily Anderson and James McFarlin respecting some skirmishes with Indians.

Ordered they be sent to the Commons, with the following message:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send you the deposition of Baily Anderson & Jas. McFarlin, respecting some skirmishes with Indians.

S. Ashe, S. S.

Rec'd from the Commons the following message:

Mr. Speaker & Gentlemen of the Senate:

It appearing that, at the last Congress, by a mistake of the Clerk of the Committee of Claims, the balance struck on the accounts, of James Burges is one hundred pounds less than is due on said amount; this House have resolved that the said mistake be rectified and that the further sum of one hundred pounds be allowed to the said James Burgess, & desire your concurrence.


5 May, 1777.
A. Nash, Speaker.

Endorsed in the Senate 5th May, 1777.

Read & Concurred with.

Sam Ashe, S. S.

Ordered the following Message be sent to the Commons towit:

Mr. Speaker & Gentlemen of the House of Commons.

We return you the Resolve of your House allowing James Burgess One hundred pounds. Concurred with.

Sam Ashe, S. S.

On Motion Resolved that the Committee of Accounts and Committee of Claims be directed to make their reports to morrow at 4 o'clock in the afternoon, & that the following Message be sent to the Commons to wit.

Mr. Speaker & Gentlemen of the House of Commons:

This House have resolved that the Committee of Accounts and Committee of Claims be directed to make their Report to morrow at 4 o'clock in the afternoon & desire your Concurrence.

Sam Ashe, S. S.
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Rec'd from the Commons the following message to-wit.

Mr. Speaker and Gentlemen of the Senate.

This House have Considered the Alterations proposed by you in the Resolve of this House impowering Gen'l Jones and Mr. Willie Jones to purchase Horses for such of Capt. Medici's Troopers as are without and have made the Resolve conformable.

The resolve as it now stands is as follows, to-wit:

Resolved that Brigadier General Jones and Mr. Willie Jones be Commissioners to purchase horses for such of Capt. Medici's light horsemen as are without, and that the price of such horses shall not exceed forty pounds each.


5th May, 1777.
A. Nash,
Speaker.

The House taking the same into consideration concurred therewith.

Ordered the following Message be sent to the Commons, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

This House have read for the third time the Bill to promote the recruiting service and propose the following proviso be inserted in the last clause but one in said Bill, to-wit:

Provided that no Minister, Magistrate, Sheriff, Clerk or other officer shall be liable to pay the aforesaid fine of thirty shillings for not complying with the direction of this act, unless it appears that he knew or had been informed thereof at the time of such refusal or neglect.

We also further propose to nominate for the County of Cumberland as commissioners for the recruiting service, Robert Rowan, Philip Alston, David Smith and William Rand, your House not having named any commissioners for said County. If your House agree to these amendments please send two of your Members to see the same inserted in the Bill.

Sam Ashe, S. S.

Rec'd from the Commons the following Message, to-wit:

We herewith send for your Concurrence a Resolve of this House for allowing Robert Gibbs the sum of eighty pounds for a negro killed by virtue of an outlawry.

A. Nash, Speaker.
-------------------- page 73 --------------------

Rec'd the Rosolve. Endorsed. In the Senate 5th May, 1777.

Read and Concurred with.

S. Ashe, S. S.

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House for allowing Thomas McLin the sum of sixty-five pounds, thirteen shillings & four pence for a certain negro condemned by a Court called for that purpose and hanged in consequence thereof.

A. Nash,
Speaker.

Rec'd the report (instead of the Resolve). Endorsed. In the Senate 5th May, 1777.

Read & Concurred with.

Sam Ashe, S. S.

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a Resolve of this House for allowing Parker Quince eighty pounds for a certain negro that was executed in consequence of an outlawry.

A. Nash,
Speaker.

Rec'd the Resolve referred to. Endorsed. In the Senate 5th May, 1777.

Read and concurred.

Sam Ashe, S. S.

Ordered the following Message be sent to the Commons, viz.:

Mr. Speaker & Gentlemen of the House of Commons.

We herewith return three Resolves of your House for allowing Parker Quince, Thomas McLin, and Robert Gibbs the sum therein mentioned for negroes executed. Concurred with by this House.

Sam Ashe, S. S.

Rec'd from the Commons the following Messages, to-wit:

Mr. Speaker & Gentlemen of the Senate:

The House have rec'd and considered your Message directing the Committee of Accounts and Committee of Claims to make their report to-morrow at 4 o'clock in the afternoon, & concur therewith.

A. Nash,
Speaker.
-------------------- page 74 --------------------

Mr. Speaker & Gentleman of the Senate:

We herewith return you the Resolve of your House requesting His Excellency the Gov. to furnish the field officers of the several Regiments of Militia in this State with blank commission &c. Concurred with May 5th, 1777.

A. Nash,
Speaker.

Ordered the Bill for the encouragement of the Militia & Volunteers employed in prosecuting the present Indian War, be read the second time, read the same, passed & Ordered to be sent to the Commons by Mr. Carter & Mr. Ramsey.

Ordered the Bill to prevent the forging & counterfeiting, and to punish such persons as shall forge or counterfeit, or pass or vend, knowing the same to be forged or counterfeited any of the lottery tickets of the United States, be read the second time, read the same, amended, passed & Ordered to be sent to the Commons by Mr. Robeson & Mr. Lanier.

Ordered the Bill to empower the Justices of Bladen County to take into their possession the Records of said County &c, be read the third time, read the same, amended, passed and Ordered to be sent to the Commons by Mr. Robeson and Mr. Lanier.

Rec'd from the Commons the following Message, to-wit:

Mr. Speaker & Gentlemen of the Senate:

We herewith return you the Resolve of your House for fixing the public printing Office in Halifax. Concurred with.

A. Nash,
Speaker.

Also the following Message, viz.:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence the report of a Committee &c. that was appointed to enquire into the complaint of Lieut. Williams. Concurred with by this House.

A. Nash,
Speaker.

Rec'd the report. Endorsed. In the Senate 5th May, 1777.

Read and concurred with.

S. Ashe, S. S.
-------------------- page 75 --------------------

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the report of a Committee appointed to enquire into the complaint of Lieut. Williams. Concurred with by the Senate.

Sam Ashe, S. S.

Rec'd from the Commons the Bill for ascertaining the salary of the Governor and other purposes therein mentioned. Endorsed. In the House of Commons read the third time, amended and passed.

Rec'd from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return you the Resolve of your House relative to Elections. Concurred with.

A. Nash,
Speaker.

Resolved that the Governor be impowered to issue from time to time as he may find it necessary, Proclamation, promising the rewards offered by Congress which sat at Halifax in November last, for taking Joseph Mercer, Jacob Caving, Ambrose Bullard, James Piercy, William Biggs and Nash Mercer, the murtherers of Nathaniel Richardson deceased; and that such Proclamation be made agreeable to the tenor of the resolve of Congress.

Ordered the following message be sent to the Commons, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

On motion ordered the following message be sent to the Commons, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

This House propose adding the words “As Secretary and one hundred pounds per annum for attending the Council, in the second Section, and the words “Endeavoured to” in the last Section of the Bill for ascertaining the Governor's fees and other purposes therein mentioned. Should your House agree to these amendments, please to send two of your members to see the same inserted in the Bill.

Sam Ashe, S. S.

The Senate adjourned 'til to-morrow morning 9 o'clock.

We send for your Concurrence a Resolve of this House impowering the Governor to issue from time to time as he may find it necessary a Proclamation procuring the rewards offered by the

-------------------- page 76 --------------------
late Congress for apprehending certain offenders therein mentioned.

Sam Ashe, S. S.

Rec'd from the Commons the following Bills:

A Bill to prevent gaming.

A Bill for erecting County Courts and Sessions of the peace &c. Endorsed. In the House of Commons 5th May, 1777, read the third time, amended & passed.

A Bill to prevent Domestick Insurrections and for other purposes. Endorsed. In the House of Commons May 5th, 1777. Read the second time, amended & passed.


Tuesday, 6th May, 1777.

Met according to adjournment.

Rec'd from the Commons the following Message:

Mr. Speaker & Gentlemen of the House of Senate:

We herewith send for your Concurrence a Resolve of this House of the 25th April past, allowing Mr. Richard Quince a certain sum therein mentioned for lumber.

A. Nash,
Speaker.

Received at the same time the resolve mentioned. Endorsed. In the Senate May 6th, 1777. Read and concurred with.

Sam Ashe, S. S.

Ordered the following Message be sent to the House of Commons, viz.:

Mr. Speaker & Gentlemen of the House of Commons:

We return herewith the Resolve of your House allowing Richd. Quince thirty-one pounds, six shillings. Concurred with.

S. Ashe, S. S.

The Bill to promote the Recruiting Service, apprehending deserters & other purposes, read and amended before two Members of the Commons with which amendments the said Bill passed. Ordered to be Engrossed and sent to the Commons by Mr. Seawell & Mr. Jarvis.

Rec'd from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send you a Message from His Excellency the Governor,

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accompanying a letter from the President of the Gen'l Congress and sundry Resolutions of that Hon'ble body.

A. Nash,
Speaker.

The same being read in this House.

Ordered to lie for consideration.

Ordered the Bill to prevent gaming be read the third time, read the same the third time and rejected.

Rec'd from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return you the resolve of your House empowering the Governor to issue from time to time, as he may find it necessary, a Proclamation promising the rewards offered by the last Congress for apprehending certain offenders, concurred with by this House.

A. Nash,
Speaker.

Rec'd the Resolve.

Endorsed, In the House of Commons, 6 May, 1777, and concurred with.

A. Nash, Speaker.

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 this Session of Assembly the depositions of any witness or witnesses taken before two Justices of the peace 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, (such notice being proved) ought to be received as good evidence in any of the Courts of this State which may hereafter be established, provided such witness or witnesses cannot be provided at the trial of the cause in which such depositions shall be taken. And whereas many suits and actions are now depending in the late Courts of Chancery and Common Law in this Government, and as the witnesses whose testimony is necessary for the just determination of such suits reside in other States, or are old and infirm and may possibly die before such suits can be brought to trial, whereby the parties interested may be deprived of such testimony unless some

-------------------- page 78 --------------------
provision is made for perpetuating the same. It is therefore further resolved that the testimony of such aged and infirm persons and others residing out of this State, taken before two Justices of the peace of the State in which such persons shall reside, shall be received as good & sufficient testimony in any future Court of Law or Equity in this State, if such witness or witnesses, or his or their examination taken according to the course of practice in such Courts, cannot be procured at such trial. Provided always that due proof be made in such Court that sufficient notice hath been given to the adverse party to attend at the examination of such witness or witnesses.

Ordered the following Message be sent to the Commons, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

We send you for your concurrence a resolve of this House for procuring testimony in Courts of Record in this State.

Sam Ashe, S. S.

Ordered the Bill to prevent domestick insurrections and for other purposes be read the third time, read the same, amended, passed & Ordered to be sent to the Commons by Mr. Kenan & Mr. Salter.

Rec'd from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you for your concurrence a resolve of this House recommending the discharge of the Assistant Quarter Master General of the Continental Troops raised in this State, from the pay of said State.

A. Nash,
Speaker.

Rec'd the resolve above referred to.

Endorsed, In the Senate, 6th May, 1777.

Read and Concurred with.

Sam Ashe, S. S.

Ordered the following Message be sent to the Commons, viz:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return you the resolve of your House discharging the Assistant Quarter Master General of the Continental Troops, concurred with by the Senate.

Sam Ashe, S. S.
-------------------- page 79 --------------------

Ordered the following Message be sent to the Commons, viz:

Mr. Speaker & Gentlemen of the House of Commons:

You will receive herewith a copy which we would propose as an amendment to the Bill to promote the recruiting service, &c., which is thought to be essential. If your House approve of the same please send two of your Members to see the same added to the Bill.

Sam Ashe, S. S.

Rec'd from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

On reading the Bill to establish a Militia in this State for the third time, this House have thought proper to make some amendments and desire you will send two of your Members to see the same inserted. For your further information, we herewith send you the amendments proposed by this House.

A. Nash,
Speaker.

Rec'd from the Commons the Bill for levying a tax by General Assessment and other purposes.

Endorsed, In the House of Commons, 6th May, 1777. Read the third time, amended and passed.

Ordered the following Message be sent to the Commons, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

This House agree to your proposed addition for levying fines in the Militia Bill, but cannot consent to the alteration you propose for exemption, we therefore propose that the Justices of the peace in this State be exempted from general and private musters, except upon cases of alarm or Insurrections. If you agree with us Mr. Rutherford and Mr. Cray, who bring this Message, will see the amendments made.

Sam Ashe, S. S.

Ordered the following Message be sent to the Commons, viz;

Mr. Speaker & Gentlemen of the House of Commons:

On reading the third time in this House the Bill for erecting County Courts and Sessions of the peace, &c., we propose that the word “privately” in the second section be expunged. Also the words, “or of those who will qualify thereupon,” in the fourth section &

-------------------- page 80 --------------------
in the 5th line, be struck out of the Bill. If you agree to these alterations please send two of your Members to see the same expunged accordingly.

Sam Ashe, S. S.

Rec'd from the Commons the Bill to impower the Justices of the County of Duplin to take into their possession the Records, process papers and proceedings of the Inferior Court of pleas & quarter sessions of the said County. Endorsed, in the Commons 6th May, 1777, read the first time & passed.

The Bill for the punishment of such persons as shall procure or commit any wilful perjury.

The Bill for the relief of persons who have or may suffer by their deeds and mesne conveyances not being proved and registered within the time heretofore appointed by Law.

Endorsed in the House of Commons, 6th May, 1777. Read the third time & passed.

Ordered the Bill to impower the Justices of the County of Duplin to take into their possession the Records, &c, be read the second time, read the same and rejected.

Ordered the Bill for the relief of persons who have or may suffer by their deeds & mesne conveyances not being proved and registered within the time heretofore appointed by Law, be read the third time, read the same, passed and sent to the Commons by. Mr. Williams & Mr. Battle.

Ordered the Bill for the punishment of such persons as shall procure or commit any wilful perjury be read the third time, read the same, passed & ordered to be sent to the Commons by Mr. Carter and Mr. Respass.

Ordered to be Engrossed.

Whereas, it appears by the information of Colonel John Williams of the Ninth Batallion of Continental Troops in this State that the Prisoners of War now at Halifax, are stationed at a very improper place where there is a constant intercourse with the Congress and the Continental Army, and through which the troops from this State pass to Join General Washington, and Col. Williams having also informed this House that one of the said prisoners has been detected in persuading some of the Continental Soldiers to desert, and had thereupon been committed to prison. It is therefore resolved that said prisoners & every of them be immediately

-------------------- page 81 --------------------
sent under a guard to Philadelphia, to be disposed of as the Congress shall direct.

Ordered, the following message be sent to the Commons, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House relative to sending out of the State, the prisoners of War now at Halifax.

Sam Ashe, S. S.

The Senate adjourned 'til to-morrow Morning 9 o'clock.


Wednesday, 7th May, 1777.

Met according to adjournment.

Rec'd from the Commons the following Messages, to-wit:

Mr. Speaker and Gentlemen of the Senate:

This House cannot concur with you in your proposed amendment for adding one hundred pounds to the Secretary's salary as they consider his attendance upon the Council of State as part of his duty for which they have provided, but assent to the addition of the words “Endeavour to,” by you proposed.

A. Nash,
Speaker.

Mr. Speaker & Gentlemen of the Senate:

On reading the Bill for recording and preserving deeds, &c., &c., for the third and last time we propose the word “Second” instead of the word “Third,” in the time specified for the Court to nominate a Register. Should your House agree to this alteration please send two of your members to see the same made.

A. Nash,
Speaker.

Mr. Speaker & Gentlemen of the Senate:

This House consent to vary the expression made use of in the Bill for erecting County Courts & sessions of the peace &c., by inserting instead of “or of those who will qualify thereupon,” the words “or of those who shall during the two first days of the next sitting of the County Court qualify thereupon.” We assent to the expungement of the word “privately” as proposed by you.

A. Nash,
Speaker.
-------------------- page 82 --------------------

Ordered the following Message be sent to the Commons, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

This House agree in your proposed amendment to insert the word second instead of the word third in the Bill for recording deeds, &c., &c., and send Mr. Respass & Mr. Cray to see the same done.

Sam Ashe, S. S.

Mr. Speaker & Gentlemen of the House of Commons:

This House concur with you to vary the expression made use of in the Bill for erecting County Courts & sessions of the peace, &c, by inserting instead of “or of those who will qualify thereupon,” the words “or of those who shall during the two first days of the next sitting of the County Court qualify thereupon,” please send two of your body to see the same inserted in the Bill.

Sam Ashe, S. S.

Mr. Speaker & Gentlemen of the House of Commons:

This House agree to pass the Bill for ascertaining the salary of the Governor and other purposes therein mentioned as it came from your House adding the words “endeavor to” which you agree to, please send two of your members to see the Bill amended.

Sam Ashe, S. S.

Rec'd from the Commons the following Bills, viz:

A Bill for continuing an Act intitled an Act to amend an Act intitled an Act what fences are sufficient, &c.

A Bill for enforcing the Statute Laws &c. Endorsed in the Commons, read the third time, amended & passed.

A Bill impowering the Justices of the Peace in the respective Counties in this State to lay taxes for the support of their poor, &c. Endorsed in the House of Commons, 6th May, 1777. Read the first time & passed.

A Bill concerning oaths. Endorsed in the House of Commons 6th May, 1777. Read the second time and passed.

A Bill to establish Courts for the trial of criminals in each District within the State, &c. Endorsed in the House of Commons 7th May, 1777. Read the third time amended and passed.

Ordered the Bill concerning oaths be read the second time, read the same, passed & ordered to be sent to the Commons by Mr. Luke Sumner & Mr. Gorrell.

-------------------- page 83 --------------------

Ordered the Bill for enforcing the statute Laws, &c., be read the third time, read the same, passed and ordered to be engrossed, sent to the Commons by Mr. Coor and Mr. Ramsey.

Ordered the Bill for continuing an act intitled an act to amend an act intitled an act what fences are sufficient &c., be read the third time, read the same, passed and Ordered to be engrossed. Sent by Mr. Coor & Mr. Ramsey.

The Bill for erecting County Courts and Sessions of the peace &c., being read the third time and amended by the consent of both Houses, passed and Ordered to be engrossed. Sent to the Commons by Mr. Alexander & Mr. Respass.

The Bill for ascertaining the salary of the Governor & other purposes therein mentioned being read the third time and amended by consent of both Houses passed, and Ordered to be engrossed. Sent by Mr. Hunt & Mr. Kenan.

Rec'd from the Commons the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith send for your concurrence a Resolve of this House appointing certain commissioners therein mentioned, to fit out the armed vessels belonging to this State, &c., &c.

A. Nash,
Speaker.

Rec'd the Resolve. Endorsed. In the Senate 7th May, 1777. Read & concurred with.

Sam Ashe, S. S.

Ordered the following Message be sent to the Commons, towit:

Mr. Speaker & Gentlemen of the House of Commons:

We return you the Resolve of your House appointing certain commissioners therein mentioned to fit out the armed vessels belonging to this State. Concurred with.

Sam Ashe, S. S.

Ordered the Bill impowering the Justices of the peace in the respective Counties in this State to lay taxes for their support of the poor & other good and charitable purposes be read the second time, read the same and rejected.

Rec'd from the Commons the following Message, to-wit:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a Resolve of this House

-------------------- page 84 --------------------
requesting His Excellency the Governor to give the Recruiting Officers instructions for recruiting &c., and furnishing them with such sums of money as will be necessary for the same.

A. Nash,
Speaker.

Rec'd the Resolve above mentioned. Endorsed. In the Senate 7th May, 1777. Read & concurred with.

Sam Ashe, S. S.

Ordered the following Message be sent to the Commons, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

We return the Resolve of your House requesting His Excellency the Gov. to give the Recruiting Officers instructions for recruiting &c., and furnishing them with such money as will be necessary for the same. Concurred with.

Sam Ashe, S. S.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House Ordering Richd. Cogdell Esq. late Judge of the Court of Admiralty for port Beaufort to pay the money arising from the sales of the Aurora a British Transport into the hands of the Sonthern Treasurer.

A. Nash,
Speaker.

Rec'd the Resolve above mentioned. Endorsed. In the Senate 7th May, 1777. Read & concurred with.

Sam Ashe, S. S.

Ordered the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We return you a Resolve of your House directing Richd. Cogdell Esq. to pay the money arising from the sales of the Aurora into the hands of the Southern Treasury. Concurred with.

Sam Ashe, S. S.

Ordered the following Message be sent to the Commons, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

The Depositions of a Board of Officers of the fifth Batallion relative to a quantity of muskets delivered to the late Commissary

-------------------- page 85 --------------------
of Stores for the use of the army, by John Devane & Timothy Bloodworth has been laid before this House, and is now sent for your consideration. Mr. Craike the present commissary avers upon his examination in this House, that fifty of the said muskets were delivered by Mr. Devane, and the other ten by Mr. Bloodworth, and that Mr. Devane has since offered another parcel, which the Commissary from their bad appearance refused to receive. That when a Board of Officers and two Armourers were appointed to view them, Mr. Devane thought proper to withdraw them and that the Commissary had also refused a quantity of arms which he thought unfit for service, and which were offered him by one of the Commissionres appointed to purchase arms for the public.

Sam Ashe, S. S.

Rec'd from the Commons the following Message, to-wit:

We herewith send for your concurrence a Resolve of this House impowering the Governor and Council to remove the Military Stores from any places in which they may now be stored and where they are exposed to be destroyed by the enemy, &c.

A. Nash,
Speaker.

7th May, 1777. Received the Resolve. Endorsed. In the Senate 7th May, 1777. Read & concurred with.

Sam Ashe, S. S.

Ordered the following Message be sent to the Commons:

Mr. Speaker & Gentlemeen of the House of Commons:

We return you a Resolve of this House impowering the Governor & Council to remove the Military Stores if necessary. Concurred with.

Sam Ashe, S. S.

Rec'd from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a Resolve of this House impowering the Governor to make the necessary repairs &c to the State House Gardens, &c.

A. Nash,
Speaker.
-------------------- page 86 --------------------

Ordered the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons;

We return you your Resolve impowering the Governor to repair the State House & Gardens &c. Concurred with.

Sam Ashe, S. S.

Received from the Commons the following:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you for your concurrence a Resolve of this House relative to drawing a sum of money out of the Continental Treasury for the use of this State.

A. Nash,
Speaker.

Ordered the following Message be sent to the Commons, to-wit:

We herewith return you your Resolve relative to drawing a sum of money out of the Continental Treasury for the use of this State. Concurred with.

Sam Ashe, S. S.

Rec'd from the Commons the following Bills:

A Bill to prevent the forging or counterfeiting and to punish such persons as shall forge or counterfeit, or pass or vend knowing the same to be forged or counterfeited, any of the lottery tickets of the United States and other purposes.

A bill for enlarging the time of saving lots in the town of Windsor in Bertie County. Endorsed. In the House of Commons 7th May, 1777. Received the second time & passed.

A Bill for the encouragement of the Militia and Volunteers employed in prosecuting the present Indian War.

A Bill for incorporating a President and Trustees of Liberty Hall in the County of Mecklenburg.

A Bill to prevent fire, hunting, &c.

Endorsed, In the House of Commons, 7th May, 1777. Read the third time, amended & passed.

A Bill concerning Oaths. Endorsed, In the House of Commons, 7th May, 1777. Read the third time & passed.

The Senate Adjourned 'til to-morrow morning, 9 o'clock.

-------------------- page 87 --------------------


Thursday, May 8th, 1777.

Met according to adjournment.

Rec'd from the Commons the following Message:

We herewith send you the report of the Committee to whom was recommitted the state of the Iron Works, &c., in Chatham County, concurred with by this House, also a resolve appointing Commissioners for certain purposes therein mentioned.

A. Nash,
Speaker.

Ordered the following Message be sent to the Commons, viz:

This House propose that the words “since the purchase” and the word “Thos. Hart” be deled from the report of the Committee respecting the public Iron Works, and that the names “Thomas Owen & Natha'l. Rochester” be added as Commissioners, Col. Hart having declined acting.

Sam Ashe, S. S.

Ordered the following Message be sent to the Commons, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

We send you herewith (a copy) which this House propose as an amendment to the Bill for levying a tax by General Assessment and other purposes. If you agree please send two of your Members to see the Bill amended. We send the Bill for your further information.

Sam Ashe, S. S.

Ordered the Bill for appointing Naval Officers in this State and for directing their duty in Office be read the third time, read the same and rejected.

Ordered the Bill concerning oaths be read the third time, read the same a third time, passed & Ordered to be engrossed.

Sent by Mr. Battle and Mr. Gorrell.

Ordered the Bill to prevent the forging or counterfeiting, and to punish such persons as shall forge or counterfeit or pass or vend knowing the same to be forged or counterfeited, any of the lottery tickets of the United States, and other purposes, be read the third time, read the same, passed & Ordered to be engrossed.

Sent by Mr. Love and Mr. R. Sumner.

Ordered the Bill to prevent fire, hunting, &c., be read the third time, read the same, passed and Ordered to be engrossed.

Sent by Mr. Jarvis & Mr. Coor.

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Ordered the Bill for enlarging the time of saving lots in the Town of Windsor in Bertie County be read the second time, read the same, passed and Ordered to be sent to the Commons by Mr. Robeson and Mr. Lanier.

Ordered the following Message be sent to the Commons to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

We send you (a copy) which this House propose as amendments, and addition to the Bill for the encouragement of the Militia and Volunteers employed in prosecuting the present Indian War, &c. If your House agree with us in these amendments please send two of your Members to see the same made.

Sam. Ashe, S. S.

Ordered the Bill to establish Courts for the trial of criminals in each district within this State &c be read the third time, read the same, passed and Ordered to be engrossed. Sent by Mr. Cray & Mr. Campbell.

Ordered the Bill for incorporating a President and Trustees of Liberty Hall, in the County of Mecklenburg be read the third time, read the same the third time, passed and Ordered to be engrossed. Sent by Mr. Alexander and Mr. Carter.

Rec'd from the Commons the following Message, viz.:

On reading the Bill for finishing the court house & stocks in Guilford County for the third & last time, we propose that a tax of two shillings be laid on each taxable person within the said County for one year for the purpose aforesaid, instead of resting the power of taxation in the Justices of the County aforesaid as was before invested in the Bill, should your House agree to this amendment you will send two of your Members to see the same made.

A. Nash,
Speaker.

The House taking the said Message into consideration, concurred therein, and Ordered that Col. Cray & Captain Campbell attend the Commons and see the amendment made. Accordingly two of the Members came to the House and saw the proposed alterations made to the Bill to promote the Recruiting Service &c &c, and the same being read again passed with amendments.

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Rec'd from the Commons the following Message:

We herewith return you the Resolve of your House for procuring testimony. Concurred with by the House of Commons.

A. Nash,
Speaker.

Rec'd the Resolve at the same time. Endorsed. In the House of Commons 7th May, 1777. Read & concurred with.

A. Nash.
Speaker.

Rec'd from the Commons the following Message:

We herewith send for your concurrence a Resolve of this House allowing Thomas Maclaine a certain sum therein mentioned for acting as Clerk to the Crown three Courts of Oyer and Terminer.

A. Nash,
Speaker.

Rec'd at the same time the Resolve above mentioned. Endorsed. In the Senate 2nd May, 1777. Read & concurred with.

Sam Ashe, S. S.

Mr. Speaker & Gentlemen of the Commons:

We herewith return your Resolve allowing Thomas Maclaine a certain sum therein mentioned for his services as Clerk of three Courts of Oyer & Terminer. Concurred with.

Sam Ashe, S. S.

Rec'd from the Commons the following Message:

We herewith send for your concurrence a Resolve of this Honse allowing Henry Toomer a certain sum therein mentioned.

A Nash,
Speaker.

Rec'd the Resolve. Endorsed. In the Senate 8th May, 1777. Read & concurred with.

Sam Ashe, S. S.

Ordered the following Message be Sent to the Commons to-wit:

We herewith return you a Resolve of your House in favor of Henry Toomer. Concurred with.

Sam Ashe, S. S.

Mr. Avery and Mr. Ferebee came to this House and saw the amendments proposed by this House made to the Bill for the encouragement of the Militia and Volunteers employed in prosecuting the present Indian War, Ordered the said Bill be read with

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the amendments, read the same, passed & Ordered to be engrossed. Sent by Mr. Williams and Mr.Lanier.

Rec'd from the Commons the following Message, to-wit:

Mr. Speaker & Gentlemen of the Senate:

This House have received and considered your Message proposing an alteration in the Tax Bill, and they approve much of your proposed amended, except in one article, that is in appointing assessors in each district, this measure is equal to at least one fourth or fifth of the whole annual tax, and will also be attended with much difficulty & trouble. Instead of the mode by you proposed for ascertaining the value of each person's estate, we propose the following, viz: That each person in the State shall give in an account on oath to the best of his or her knowledge and belief of the value of his or her estate real or personal, and that the other parts of the Bill be made agreeable and consistent with this amendment; with this alteration, this House will consent to your amendment.

A. Nash,
Speaker.

Ordered the following Message be Sent to the Commons viz:

Mr. Speaker & Gentlemen of the House of Commons:

We cannot agree with you that every person in the State should give an account of the value of his property on oath as by that mode of taxation absentees would be effectually screened from paying taxes for the support of Government, nor are we of opinion that the allowance to the assessors will amount to so great a proportion of the tax as you intimate, but if it should be thought that the sum allowed is too great, this House will be ready to lessen it to what shall be thought reasonable. By your proposal adopted a tax will be laid on every shilling of property in the State, which we apprehend was never in contemplation. We cannot help remarking that the mode of ascertaining property by assessors, is not an amendment of this House, it originated with you, and the Bill in that form has had the final sanction of your House by a third reading.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House

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impowering the County Courts to appoint inspectors for tobacco, &c.

A. Nash,
Speaker.

Rec'd the resolve at the same time, endorsed, in the Senate 8 May, 1777. Read and concurred with.

Sam'l Ashe, S. S.

Ordered the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We return the resolutions of your House impowering the County Courts to appoint inspectors, &c., concurred with.

Sam Ashe, S. S.

Mr. Penn & Mr. Butler, two of the members of the Commons, came to this House in consequence of a Message from the Senate proposing an amendment to the Bill for levying a tax by general assessment, &c., when they saw the amendments proposed inserted in the Bill accordingly, which Bill was read with the amendment and passed & ordered to be engrossed.

Sent by Mr. Coor & Mr. Lanier.

Rec'd from the Commons the following Message the 29th April last, which being laid over for consideration and being resumed, the same was considered, to-wit:

Mr. Speaker & Gentlemen of the Senate:

We send you a resolve of this House respecting the enlargement of sundry persons lately heretofore inhabitants of this State and now prisoners confined in gaols or on parole in differents parts of America. We are willing that such as are desirous of becoming good subjects of this State and Members of Society should have it in their power on the terms there mentioned to be immediately enlarged and exert all their power by their good conduct to reconcile themselves to the State and replace themselves, if possible, in the good opinion of their fellow citizens.

A. Nash,
Speaker.

Ordered the following Message be sent to the Commons, to-wit:

Mr. Speaker & Gentlemen of the Commons:

We have considered your resolve respecting the enlargement of sundry persons lately heretofore inhabitants of this State and now

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prisoners confined in gaols or on parole in different parts of America, and all that have been prisoners, and those who are upon parole or at large without the permission or approbation of this State, and cannot consent that such prisoners be enlarged, looking on them to be dangerous enemies to this State in particular and the United States in general.

Sam Ashe, S. S.

Received from the Commons the following Message to-wit:

We herewith send for your concurrence a resolve of this House for liberating the prisoners who were confined in gaol or enlarged on bail before the existence of the State in its political capacity, &c.

A. Nash,
Speaker.

Rec'd the resolve referred to. Endorsed, In the Senate, 8 May, 1777. Read & concurred with.

Ordered the following Message sent to the Commons, viz:

Mr. Speaker & Gentlemen of the Commons:

We return your resolve for liberating the prisoners who were confined in gaol or enlarged on bail before the existence of the State in its political capacity, &c.

S. Ashe, S. S.

Rec'd from the Commons the following, viz:

Mr. Speaker & Gentleman of the Senate:

Col. Jno. White having settled his acct. with this State and given credit for eight hundred dollars, for which sum he drew a bill of exchange on William Kenon, paymaster, in favor of James Alfred, the same not having been paid by the said Kenon.

Resolved that James Alfred receive of the Treasurers or either of them the aforesaid eight hundred dollars. Should you concur with this resolve please signify the same.

A. Nash,
Speaker.

The House taking the said resolve into consideration concurred therewith.

Rec'd from the Commons the following Message to-wit:

Mr. Speaker & Gentlemen of the Senate:

On reading for the third time the Bill to prevent the forging or

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counterfeiting and to punish such persons as shall forge or counterfeit any of the lottery tickets, &c. We propose the following amendment, to-wit, in the 5th line of the third section, the words “Convention or Assembly,” and in the sixth line of the same section, the words “Congress, Convention or Assembly of any one of.” You will please send two of your Members to see the amendment made if you consent to it. Also a clause continuing the Bill 'til next Session of Assembly. We send you the Bill for your better information.

A. Nash,
Speaker.

The House taking the same into consideration concurred therewith, and ordered that Mr. Maclaine & Mr. Seawell attend the Commons to see the amendments made to the Bill.

Rec'd from the Commons the Bill for enlarging the time of saving lots in the town of Windsor in Bertie County. Endorsed. In the House of Commons 8th May, 1777. Read the third time & passed.

Whereas the Delegates of the United States of America in Congress assembled have recommended it to the executive Powers of the said States respectively to inquire into and superintend the conduct of the Officers of the Continental Army, within their respective Jurisdictions, and to remove, suspend, or censure such of the said Officers, as have behaved, or may behave unworthily, and also to transmit an account thereof with such complaints against and testimony as may be received for and against them, or any of them to Congress. Resolved therefore that the Governor be authorized and requested to put the above Recommendations of Congress into execution to the end, that the Officers of the Continental Army now or lately in this State, who have or may squander or misspend the public money or who have or may be found gaming or wasting their time, or who have behaved or may behave improperly by abusing the trust reposed in them, in any manner whatsoever, may be censured, suspended or removed from acting as Officers in the Army for the future, and that others may be appointed to fill up vacancies and it is further Resolved that the Gov. be requested to proceed strictly in the execution of this Resolve, as a few examples will probably work a thorough Reformation in such of those Officers as have hitherto appeared dead to all sense of Virtue, Honour & Love of their country.

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Resolved that in case of the death or removal of any of the Commissioners for fitting out the Armed Vessels belonging to this State, the Governor or Commander in chief for the time being shall, and he is hereby authorized & impowered to appoint another Commissioner in the place & stead of the Commissioner or Commissioners so dying or removing as aforesaid.

Resolved that the Governor or Commander in Chief for the time being be and he is hereby authorized and impowered to cause to be made out with all possible diapatch and sent to each County in this State, and to Washington District, attested copies of the following acts passed this present Session of Assembly, to-wit:

An act for regulating the Militia.

An act establishing Courts for the trial of criminals.

An act establishing County Courts.

An act to promote the Recruiting Servic.

An act concerning Tories.

An act for a general assessment.

An act for the encouragement of the Militia & others in prosecuting the present Indian War.

An act appointing Registers.

And an act to prevent counterfeiting lottery tickets and other purposes, and that the General Assembly will defray the charges of making & sending such copies.

Resolved that an ordinance of the Congress of this State passed at Halifax in the month of December last instituted an “Ordinance directing the qualification of Members of the General Assembly & all Officers Civil & Military” be and shall continue in force until the end of the next Session of the General Assembly & no longer.

The Senate adjourned 'til to-morrow Morning 9 o'clock.


Friday, 9th May, 1777.

Met according to adjournment.

Rec'd from the Commons the following Message to-wit:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House Ordering the Continental Paymaster, to pay no Officer on more than one Commission &c &c.

A. Nash,
Speaker.
-------------------- page 95 --------------------

Rec'd the resolve. Endorsed. In the Senate 9th May, 1777. Read & Concurred with.

Sam Ashe, S. S.

Mr. Speaker & Gentlemen of the Senate:

You will herewith receive a resolve of this House directing that the plan of the Entrance of Cape Lookout Harbour be transmitted to the Continental Congress and recommending a fort to to be built there on the Continental Establishment which if you think proper you will concur with.

A. Nash,
Speaker.

Rec'd the resolve. Endorsed. In the Senate 9th May, 1777. Read & Concurred with.

Sam Ashe, S. S.

Mr. Speaker & Gentlemen of the Senate:

You will herewith receive a resolve of this House allowing the Independent Company stationed at Core Sound one half of the value of the anchoring of the Aurora, which they saved and request your concurrence thereto.

A. Nash,
Speaker.

Rec'd the resolve, endorsed, in the Senate 9th May, 1777. Read & concurred with.

Sam Ashe, S. S.

Mr. Speaker & Gentlemen of the Senate:

A resolve of this House appointing Mr. Christopher Neal to survey the Harbour of Cape Fear River, and to report to the next Assembly the practicability of fortifying it & what expense will attend the same, accompanies this Message for your concurrence.

A. Nash,
Speaker.

Rec'd the resolve, endorsed, in the Senate 9th May, 1777. Read and concurred with.

Sam Ashe, S. S.

Rec'd from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House cannot concur with the resolve of yours relative to sending out of this State, the prisoners of War now at Halifax.

A. Nash,
Speaker.
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Rec'd from the Commons the following Message,:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House directing the Commissioners who were appointed to sell the effects of tho late Governor Martin and make return thereof to the next Assembly.

A. Nash,
Speaker.

Rec'd the resolve, endorsed, in the Senate 9th May, 1777.

Read & concurred with.

Sam Ashe, S. S.

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House, impowering the County Courts to appoint persons to sell the horses, wagons, &c., belonging to the State.

A. Nash,
Speaker.

Rec'd the resolve, endorsed, in the Senate 9th May, 1777.

Read & concurred with.

Sam Ashe, S. S.

Mr. Speaker & Gentlemen of the Senate:

We herewith send you a resolve of this House allowing William Wood a further sum of nine pounds for the two Pedestals made for the use of the Assembly.

We are informed that the Governor will have that sum to pay out of his own pocket unless paid by the Assemply.

A. Nash,
Speaker.

Rec'd the resolve, endorsed, in the Senate 9th May, 1777.

Read & concurred with.

Sam Ashe, S. S.

Ordered the following Message be sent to the Commons, viz:

Mr. Speaker & Gentlemen of the House of Commons:

We return several resolves of your House concurred with, viz:

A resolve directing the Commissioners who were appointed to sell the effects of the late Gov. Martin.

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A resolve impowering the County Courts to appoint persons to sell the horses, waggons, &c., belonging to the State, and a resolve allowing William Wood a further sum of nine pounds for the two Pedestals made for the use of the Assembly.

Sam Ashe, S. S.

Rec'd from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House allowing John Ashe Esquire two hundred & fifty pounds for his services as Treasurer since the last Congress held at Halifax.

A. Nash,
Speaker.

The House taking the same into Consideration Ordered the following Message be Sent to the Commons to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

This House cannot concur with your resolve for allowing John Ashe Esq., the Southern Treasurer two hundred and fifty pounds for his services as Treasurer since the last Congress in lieu and satisfaction of all Commission; that sum being inadequate to his expences & trouble. We propose that he be allowed the sum of three hundred & seventy pounds instead of two hundred & fifty pounds. If you agree to this please make your resolve conformable.

Received from the Commons the following Message, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House impowering His Excellency the Governor to appoint a Regimental paymaster to Col. Sheppard's Regiment when he shall have embodied it agreeable to the resolve of the Assembly. Rec'd the resolve, endorsed, in the Senate 9th May, 1777.

Read and concurred with.

Sam Ashe, S. S.

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House to impower the private Secretary of the Gov. for the time being to

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demand & receive for the use of the State all fees which Governors heretofore demanded & received.

A. Nash,
Speaker.

Rec'd the resolve, Endorsed, In the Senate, 9th May, 1777.

Read & concurred with.

Sam Ashe.

Ordered the following Message be sent to the Commons, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

This House return you two resolves of your House, the one for impowering His Excellency the Governor to appoint a Regimental paymaster to Colo. Sheppard's Regiment, &c., the other, to impower the private Secretary of the Governor for the time being to demand and receive for the use of the State all fees which Governors heretofore demanded & received, concurred therewith.

Sam Ashe, S. S.

Rec'd from the Commons the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

You will herewith receive for your approbation a resolve of this House determining the artillery company of this State to be on the Continental establishment, also appointing Henry Toomer Commissary to the said company, and to those soliders who are sick in the Hospital at Wilmiugton.

A. Nash,
Speaker.

Ordered the following Message be sent to the Commons, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

This House cannot take upon them to resolve that the artillery company shall be considered as on the Continental establishment, and therefore have sent you a resolve that it be recommended to Congress to take this company into the pay of the Continent. Each branch of the Legislature has an undoubted right to nominate as well as to appoint all officers the right of whose appointment is vested in the General Assembly. For this reason this House cannot concur with your resolves for appointing the different Commissaries; but we have sent you resolves for appointing the persons nominated by you as Commissaries.

-------------------- page 99 --------------------

Resolved that it be recommended to the Congress to take into the pay of the Continent the artillery company in this State, and that Henry Toomer be appointed Commissary to the same, and to those soldiers who are sick in the Hospital at Wilmington.

Resolved that Jno. Williams be appointed Commissary to the Independent Company stationed at Ocracock Inlet commanded by Capt. James Anderson, and William Burden Commissary to Independent Company stationed at Beaufort commanded by Capt. Enoch Ward.

Sam Ashe, S. S.

Ordered the following Message be Sent to the Commons, viz:

Mr. Speaker & Gentlemen of the House of Commons:

Upon examining the lists of Justices of the several counties, we find that several gentlemen of merit are omitted in that for Cumberland, and that a certain Willis Scale, who bore arms against the good people of this State under General MacDonald, is one of the persons recommended to the Governor. We therefore propose that the name of William Scale be omitted in the Commission of the peace for the County of Cumberland. And that the names of John Lyon, Robert Rowan, Robert Cochran and Peter Mallet, gentlemen of probity and integrity and formerly in the Commission, be added thereto. It appearing that the conduct of Mr. John King renders him unworthy of a seat on the bench of Justices, we propose that his name be omitted in the Commission of the peace for Onslow County, and that the names of John Brinson, John Starkey, Richard Jarrett, Reuben Grant and Jeremiah Fonville be inserted in the said Commission.

Sam Ashe, S. S.

Whereas there is not any power given by this Assembly to the Governor to issue any orders to such of the Continental Troops as are remaining in this State, or for the disposal of new recruits, or deserters who may come in or be apprehended.

Resolved therefore that the Governor be authorized and impowered, from time to time, during the recess of the General Assembly, to give such orders as he may think necessary for the removal, marching or disposition of the Continental Troops in this State or any of them; and in particular that he from time to time give such directions respecting the securing and disposal of deserters as he may judge necessary.

-------------------- page 100 --------------------

It is further Resolved that the Governor be impowered to appoint at his discretion, officers to fill up such vacancies as may happen in the Continental Army aforesaid, or the Troops of this State and he is requested to be particularly attentive that all such vacancies be filled by men of good characters, and if possible such as have Military merit to plead for their promotion.

Sam Ashe, S. S.

Resolved that John Cook Esq. be allowed the sum of forty pounds for prosecuting in behalf of this State a suit in the Court of Admiralty against the Brig Hanover, and Cargo, that the Treasurers or either of them pay the same and be allowed in their account with the public & that the following Message be sent to the Commons, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

We send you for your concurrence a resolve in favor of John Cook Esq.

Sam Ashe, S. S.

Mr. Speaker & Gentlemen of the House of Commons:

This House cannot concur with you in appointing General Officers of the Militia by resolve. It is in itself improper, even if the persons nominated by you had been previously proposed to this House, but in the present instance it takes away the right of choice from every Member of this House, for we must either concur or reject. We therefore propose that the General Officers be ballotted for at four of the clock in the afternoon, and this House have put in nomination the following gentlemen, to-wit, for the District of Salisbury, Griffith Rutherford Esquire; for the District of Hillsborough John Butler Esquire; for the District of Halifax Allen Jones Esquire; for the District of Edenton Edward Vail Esquire; for District of New Bern William Bryan Esq.; and for the District of Wilmington Alex. Lillington Esq. & Jno. Ashe Esq.

Ordered the following Message be sent to the Commons, viz.:

Mr. Speaker & Gentlemen of the House of Commons:

We are concerned that we cannot concur with you in the allowance you have given to the Secretary, for his services since last Congress. It appears to this House altogether inadequate

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to the business he has done for the public, and insufficient to support the dignity of his office. We hope you will consider that he holds one of the first Offices in the State, and that his perquisites arising from the transacting of private business, must in the present situation of things be very trifling, in consideration whereof we have agreed to allow him one hundred pounds more, and desire your concurrence.

Sam Ashe, S. S.

Rec'd from the Commons the following Message:

We herewith return the resolve of your House recommending to the Continental Congress to take into pay the Artillery Company and appointing Henry Toomer Commissary to the Independent Companies at Ocacock & Beaufort.

A. Nash,
Speaker.

Rec'd from the Commons the following Message, viz.:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House respecting the Insurgents who have returned from their places of confinement to the Northward, some by permission from the Continental Congress and others by a breach of parole.

Rec'd the resolve, endorsed, in the Senate 9th May, 1777.

Read and Concurred with.

Sam Ashe, S. S.

Rec'd from the Commons the following Message, viz.:

We herewith send for your concurrence a resolve of this House impowering John Cowper, Esq., to receive the money arising from the sales of salt imported by him in the Brig Defence and sold in the Town of New Berne and in the County of Hyde, Pitt, and Northampton that now remains in the hands of the chairman of the committee of New Berne, Hyde, Pitt and Northampton.

A. Nash,
Speaker.

Rec'd the resolve, endorsed, in the Senate 9th May, 1777.

Read and Concurred with.

S. Ashe, S. S.

Also the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send you for your concurrence a resolve of this

-------------------- page 102 --------------------
House allowing Mr. Jno. Council Bryan six pounds for going express to Edenton.

A. Nash,
Speaker.

Rec'd the resolve, endorsed, in the Senate 9th May, 1777.

Read and concurred with.

Sam Ashe, S. S.

Mr. Speaker & Gentlemen of the Senate:

This House cannot concur with your House for allowing John Cook forty pounds for prosecuting in behalf of this State a suit in the Court of Admiralty against the Brig Hanover & cargo.

A. Nash,
Speaker.

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House requesting Christopher Neal, Esq., to revise the Journals of this House and allowing him a certain sum therein mentioned for the same.

A. Nash,
Speaker.

Rec'd the resolve, endorsed, in the Senate 9th May, 1777.

Read & concurred with.

Sam Ashe, S. S.

Resolved that elections shall be held for the Counties of Camden, Caswell, and Burke on the third Tuesday of September next for the election of one Member of Senate for each of the said Counties to represent them in General Assembly until the next general election, and that Mr. Speaker be requested to issue writs of election accordingly.

Received from the Commons the following message:

Mr. Speaker & Gentlemen of the Senate:

This House cannot concur with yours in making any alterations whatever in the list of Justices as they now stand, as they are of opinion that they are recommended agreeable to the express words of the Constitution. As to the gentlemen of merit that are left out of the list returned for Cumberland, we are informed by good authority that those gentlemen refused to qualify on the last Commission of the peace.

-------------------- page 103 --------------------

Mr. John King's conduct you say renders him unworthy of a seat on the Bench of Justice. We should suppose that if that gentleman's conduct was so bad as what you mention that the people he represents would not think him worthy a seat in the General Assembly, and therefore we cannot consent to leave him out.

A. Nash,
Speaker.

This House agree to ballot for Brigadier General at 4 o'Clock and nominate John Ashe & Alexander Lillington, Esq., for the District of Wilmington, Griffith Rutherford, Esq., for the District of Salisbury, Thomas Penn & John Butler, Esq., for the District of Hillsborough, Allen Jones, Esq., for the District of Halifax, Edw'd Vail, Esq., for the District of Edenton, and Wm. Bryan, Esq., for the District of New Berne.

A. Nash,
Speaker.

Resolved that on account of the very advanced price of provisions, the Commissary of the Continental army and other Commissaries in this State be allowed twelve pence half penny for every ration with which they shall furnish the troops which they have respectively engaged to supply, and that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the Commons:

This House considering the very advanced price of provisions, and that the Commissaries decline supplying the army any longer at the rates heretofore allowed them, have sent a resolve allowing a further sum for each ration & hope your concurrence thereto.

Sam Ashe, S. S.

Resolved that if peace shall not have been made with the Cherokees at the Treaty held on the 7th Instant General Rutherford shall be and he is hereby impowered to appoint officers for and raise any number of independent companies not exceeding eight & consisting each of one Captain, two Lieutenants, two Sergeants, one Drummer, one Clerk and fifty Privates.

Four companies for Washington and four companies for Tryon, Burke and Surry—To be employed as the said General shall direct either in building and garrisoning stockade forts, scouting and ranging services, and all other public services that shall most conduce

-------------------- page 104 --------------------
to the safety of the inhabitants and most facilitate the operations of war against the Cherokees and other Indians at war with this State, and that General Rutherford be directed to keep up two hundred Militia at Washington and two Hundred Militia on this side the mountains until they be relieved by the said independent companies.

Resolved that two thousand weight of gun powder and four thousand weight of lead shall be placed as it may be received at Colo. Osborne's as a public magazine there, and also two hundred bushels of salt. And that five hundred weight of gun-powder and one thousand weight of lead be placed at Col. Carter's in Washington District as a public magazine there, and sixty bushels of salt. And it is further resolved that the above quantities of powder & lead shall be taken out of the public stores belonging to this State; and that the Governor be requested to procure these resolves to be carried into execution immediately and shall be and is hereby impowered to draw upon either of the public Treasurers for all sums of money that shall be requisite and necessary for the services.

S. Ashe, S. S,

Rec'd from Commons the following Message, viz:

Mr. Speaker & Gentlemen of the House of Commons:

We send you for your concurrence a resolve of this House for allowing Mr. John Cook the sum of thirty-five pounds for libelling the Brigantine Hanover.

A. Nash,
Speaker.

Rec'd the resolve. Endorsed. In the Senate 9th May, 1777.

Read and concurred with.

Sam Ashe, S. S.

Resolved that the Treasurers of this State be impowered to pay all sums of money belonging to the sinking fund which now are or may be in their hands in discharge of such legal demands as may be made on the Treasury.

Sam Ashe, S. S.

Rec'd from the Commons the following Message:

This House cannot concur with yours in allowing John Ashe, Esq., three hundred and twenty pounds for his services as Treasurer since the last Congress at Halifax, but we agree to allow him the

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sum of three hundred pounds for such services and a further sum of twenty-five pounds for extraordinary services. We also agree to allow Samuel Johnston, Esquire, a further sum of fifty pounds for his services as Treasurer since the last Congress.

A. Nash,
Speaker.

The House taking the above Message into consideration concurred therewith.

Rec'd from the Commons the resolve of this House impowering the Treasurers to pay all sums of money belonging to the sinking fund in discharge of legal demands &c. Endorsed. In the House of Commons 9th May, 1777.

Read and Concurred with.

A. Nash,
Speaker.

Rec'd from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House having received information that Colo. William Kennon is anxious to settle his public accounts with this State and intends coming hither from Charles Town for that purpose. This House have resolved that in case he should come hither for the purpose aforesaid after the rising of the General Assembly that the Governor and Council be impowered and required to settle the said Kennon's accounts and make return thereof to the next Assembly which resolve we herewith send for your concurrence.

A. Nash,
Speaker.

Rec'd the resolve. Endorsed. In the Senate 9th May, 1777.

Read & concurred with.

Sam Ashe, S. S.

Rec'd from the Commons the resolve of this House respecting the Militia to be stationed on the frontiers and Magazines to be established. Endorsed. In the House of Commons 9th May, 1777.

Read and concurred with.

A. Nash,
Speaker.
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Rec'd from the Commons the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve respecting Gun Manufactory of Hillsboro District.

Rec'd the resolve. Endorsed. In the Senate 9th May, 1777.

Read and concurred with.

Sam Ashe, S. S.

Rec'd from the Commons the following Message, to-wit:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve for allowing Thos. Person Esq. the sum of fifteen pounds for going to and coming from the Committee of safety in Virginia.

A. Nash,
Speaker.

Rec'd the resolve. Endorsed. In the Senate 9th May, 1777.

Read and concurred with.

Sam Ashe, S. S.

Rec'd from the Commons the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send you the report of the Joint Committee of both Houses appointed to inquire into the charge against Capt. John Vance, also a resolve of this House to discharge the said Vance from any further command over the Artillery Company.

A. Nash,
Speaker.

Rec'd at the same time the resolve above mentioned. Endorsed.

In the Senate 9th May, 1777.

Read and concurred with.

Sam Ashe, S. S.

Resolved that James Cook be allowed the sum of one huudred & ninety-three pounds, sixteen shillings and six pence for himself and Company of Rangers as pr. acct. exhibited, that the Treasurers or either of them pay him the same and be allowed in their acct. with the public and that the following Message be sent to the Commons, viz.:

Mr. Speaker and Gentlemen of the Commons:

We send you a resolve allowing James Cook a certain sum therein mentioned, and desire your concurrence thereto.

Sam Ashe, S. S.
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Rec'd from the Commons the following resolve, viz.:

Whereas the Delegates of the United States of America in Congress assembled have recommended it to the said Executive powers of the said States respectively to inquire into and superintend the conduct of the Officers of the Continental Army within their respecting Jurisdictions, and to remove, suspend or censure such of the said Officers as have behaved, or may behave unworthily; and also to transmit an account thereof with such complaints against and testimony as may be rec'd for and against them or any of them to Congress.

Resolved therefore that the Governor be authorized and requested to put the above recommendation of Congress into execution to the end that the Officers of the Continental Army now or lately in this State who have squandered or misspent or who may squander or misspend the public money or who have or may be found gaming or wasting time or who have behaved or may behave improperly, abusing the trust reposed in them in any manner whatsoever may be censured, suspended or removed from acting as officers in the Army for the future, and that others may be appointed to fill up vacancies, and it is further resolved that the Gov. be requested to proceed strictly in the execution of this resolve, as a few examples will probably work a thorough reformation in such of those Officers who have hitherto appeared dead to all sense of virtue, honour and love of their country.

Resolved, that in case of the death or removal of any of the Commissioners for fitting out the Armed Vessel belonging to this State, the Governor or Commander in Chief for the time being shall & he is hereby authorized and impowered to appoint another, or other Commissioners in the place & stead of the Commissioner or Commissioners so dying or removing as aforesaid.

Resolved that the present Justices, Sheriffs & Constables of the respective Counties in this State shall continue to act in their respective departments until the first court to be held after the first day of July next, unless where the Justices shall before that time qualify under the Act of Assembly for Establishing County Courts in this State.

Whereas there is not any power given by this Assembly to the Gov. to issue any orders to such of the Continental Troops as are

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remaining in this State or for the disposition of new recruits or deserters who may come in or be apprehended.

Resolved therefore that the Gov. be authorized and impowered from time to time during the recess of the General Assembly to give such orders as he may think necessary for the removal, marching or disposition of the Continental Troops in this State or any of them, and in particular that he from time to time give such directions respecting the securing & disposal of deserters as he may judge necessary.

It is further resolved that the Governor be impowered to appoint at his discretion, officers to fill up such vacancies as may happen in the Continental Army aforesaid, or the Troops of this State and he is requested to be particularly attentive that all such vacancies be filled by men of good characters, and if possible such as have military merit to plead for their promotion.

The Senate taking into consideration the above resolve, concurred therewith.

Rec'd from the Commons the following Resolve, viz:

Resolved that it be recommended to the Secretary of the State to prepare with all possible expedition a copy of the Acts of Assembly passed at this present session for the Public Printers, and to this end that he be impowered to employ as many Clerks as may be necessary, and that for any Extraordinary expence attending the said service, the said Secretary shall be allowed in his account with the public at the next session of General Assembly.

A. Nash,
Speaker.

The House taking the same into consideration, concurred therewith.

Received from the Commons the following Resolve:

Resolved that the public printer of this State be directed immediately to print & send a copy of the Acts of this present Session of Assembly to each Magistrate in this State, and to the Clerk of every County Court, also a copy of the Journals of the Senate and Commons to each member of the Assembly.

A. Nash,
Speaker.

The House considering the said Resolve concurred therewith.

Mr. Skinner, one of the Inspectors on the part of this House

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from the Joint Balloting of both Houses for electing judges of the Courts of Oyer, &c., for the several Districts in this State, and also for electing Brigadiers General of the Militia in the said State reported as follows, to-wit:

That the Inspectors of both Houses met in the Conference room, and there did take and receive from the Members of the Senate and House of Commons the tickets of all the Members of both Houses which were put into a box, and upon examination of the scrolls, it appeared that the following parties were elected, to-wit:

Samuel Spencer, Esq'r, Judge for the District of Salisbury.
Joseph Taylor, Esq'r, Judge for the District of Salisbury.
Samuel Spencer, Esq'r, Judge for the District of Hillsborough.
Joseph Taylor, Esq'r, Judge for the District of Hillsborough.
Sameul Spencer, Esq'r, Judge for the District of Halifax.
Monfort Ealbeck, Esq'r, Judge for the District of Halifax.
Charles Bondfield, Esq'r, Judge for the District of Edenton.
——Beasley, Esq'r, Judge for the District of Edenton.
James Davis, Esq'r, Judge for the District of New Berne.
Alex. Gaston, Esq'r, Judge for the District of New Berne.
Samuel Spencer, Esq'r, Judge for the District of Wilmington.
——Jones, Esq'r, Judge for the District of Wilmington.
Griffith Rutherford, Brigadier General for the District of Salisbury.
John Butler, Brigadier General for the District of Hillsborough.
Allen Jones, Brigadier for the District of Halifax.
Edward Vail, Brigadier General for the District of Edenton.
William Bryan, Brigadier General for the District of New Berne, & John Ashe Brigadier General for the District of Wilmington.

The Senate taking the said report into consideration concurred therewith.

Ordered the estimates of this House be sent to the Commons for concurrence.

Rec'd from the Commons the following Message, viz.:

Mr. Speaker & Gentlemen of the Senate:

We observe in the estimate sent from your House to us for concurrence several allowances to Clerks & Door-keepers which we cannot concur with. We are of opinion that the services of the

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Clerks of this House are equal to the services of your Clerks and we have allowed our Clerks seventy-five pounds each for all services in the gross, nine pounds, seventeen shilling and eight pence stationery, & engrossing bills excepted, which sum we are willing to allow your Clerks and no more. If you agree to those allowances please to alter your estimation agreeable thereto.

We cannot concur with any greater allowances to the Door-keeper than 40 dollars each exclusive of charges for candles, wood & attendance on Committee.

A. Nash,
Speaker.

Ordered the following Message be sent to the Commons, viz:

Mr. Speaker & Gentlemen of the House of Commons:

We estimated the stationery ware supplied by the Clerk of this House according to the quantity used and the price paid for it, and we inform you that the Committees have been supplied with paper from our Clerk. The allowance given to Mr. Greer is not greater than what has been customary for such services, and you cannot with propriety value the services of one man by what you may think a sufficient compensation for those of another. We think ourselves happy in having an experienced Clerk, who is capable of doing his duty without instructions from the Members, and it is no exaggeration of his merit, to suppose that his services are of four times the value of those of a common Door-keeper.

The allowance of daily wages to the Door-keepers was inserted by mistake, and therefore we agree to expunge it. You have allowed your Clerks as much as you think they deserve, allow us the same liberty. We ask no more as you are the proper judges in one instance, it is not altogether unreasonable to suppose that we are so in another. As we cannot agree to allow our Clerk a less sum than his services merit, we hope you will reconsider our estimate, and concur with it as it is now proposed.

Sam Ashe, S. S.

Rec'd from the Commons the following Message,:

Mr. Speaker & Gentlemen of the Senate:

We have received and considered your Message respecting a

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further allowance for your Clerk, and altho' this House acknowledges the merits of Mr. Green as an able, experienced Clerk, yet we cannot agree to make him a larger allowance than our Clerks received and hope you will proceed to make out your estimate agreeable to our former Message on this head and the same will meet with the ready concurrence of this House.

A. Nash,
Speaker.

Ordered the following Message be sent to the Commons, viz:

Mr. Speaker & Gentlemen of the House of Commons:

You are at liberty to make an allowance to your own Officers, provided it shall not be altogether extravagant. This House do not think it would be proper to interfere with you, where you only are competent to judge; but we do not think ourselves at liberty to do injustice to our servants, merely because it would be agreeable to the House of Commons. We have concurred with your estimate of which you will no doubt avail yourselves; but that shall not prevent us from adhering strictly to an estimate which we think founded on the principles of equity.

Sam Ashe, S. S.

The Engrossed Bills which passed both Houses of the General Assembly were brought up to the Senate by Members of the Commons, and laid before the House.

On motion resolved that Mr. Speaker be requested to sign the same, Mr. Speaker signed the same accordingly, which are as follows, to-wit:

Bill to promote the Recruiting Service, apprehending deserters and other purposes therein mentioned.

Bill for levying a tax by General Assessment and other purposes.

Bill for the encouragement of the Militia & volunteers employed in prosecuting the present Indian War.

A Bill to prevent hunting with a gun by firelight in the night.

A Bill for appointing Commissioners to finish the buildings of a Court House prison & stocks in the County of Guilford.

A Bill to prevent the forgery or counterfeiting, and to punish such persons as shall forge or counterfeit, or pass or vend knowing

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the same to be forged or counterfeited, any of the lottery tickets of the United States and for other purposes.

A Bill for continuing an act entitled an act to amend an act intitled an act what fences are sufficient, and to amend and continue an act relating to taking up stray horses.

A Bill concerning oaths.

A Bill for dividing Rowan County & other purposes.

A Bill for appointing Commissioners for building a Court House prison & stocks for the County of Tryon.

A Bill to prevent domestick insurrections & for other purposes.

A Bill for ascertaining the salary of the Governor and other purposes mentioned.

A Bill to impower the Justices of Bladen County to take into their possession the records of said County now in possession of Matusin Colville.

A Bill for dividing the County of Pasquotank and other purposes therein mentioned.

A Bill for the relief of persons who have or may suffer by their deeds and mesne conveyances not being proved & registered within the time heretofore appointed by Law.

A Bill for establishing a Town on the land of John Smith and other purposes.

A Bill for the regulation of the Town of Hillsborough.

A Bill for establishing a new County between Hillsborough and the Virginia line by erecting the northern part of Orange County into a distinct County by the name of Caswell.

Bill for enlarging the time of saving Lots in the town of Windsor in Bertie County.

Bill for the appointment of Registers in the several Counties within this State.

Bill for enforcing the Statute Laws and such parts of the common Law and Acts of Assembly heretofore in use here and also for enforcing the resolves of the Conventions and Congress of this State which have not had their effects and for other purposes therein mentioned.

A Bill for establishing Fairs in the Town of Halifax in Halifax County.

A Bill for erecting County Courts and sessions of the peace and

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also for appointing and commissioning Justices of the Peace and sheriffs in and for the several Counties and the District of Washington within this State, and other purposes therein mentioned.

A Bill to establish a Militia in this.

A Bill for incorporating the President and Trustees of Liberty Hall in the County of Mecklenburg.

A Bill for the punishment of such persons as shall procure or commit any wilful perjury.

A Bill for declaring what crimes and practices against the State shall be Misprision of Treason and providing punishment adequate to crimes of both classes, and for preventing the dangers which may arise from persons disaffected to the State.

A bill to establish Courts for the trial of Criminals in each district within this State, and for vesting in the several County Courts and Sessions of the peace the power of appointing Jurymen for the said district Courts and constituting Judges to preside therein.

The business of the Session being ended, Resolved that Mr. Speaker and the Clerk of this House sign the Journals as the Acts of the Senate.

James Green jun, Cl'k.