powered by google
Documenting the American South Logo
Colonial and State Records of North Carolina
Advanced Search Options
Minutes of the North Carolina Senate
North Carolina. General Assembly
November 15, 1777 - December 24, 1777
Volume 12, Pages 114-264

-------------------- page 114 --------------------
SENATE JOURNAL.

15 Nov. 1777.

Resolve that Mr. Speaker issue Writs for the Election of Senators in the Counties of Wake and Camden, and that the Election for the County of Wake be held the 24th instant, and for Camden the 25th Instant.

Received from the House of Commons the following:

Mr. Speaker and Gentlemen of the Senate:

This house have received and considered your Message Appointing Mr. Maclaine, Gen. Rutherford and Gen. Jones as a Committee to act jointly with such of the Members of this house as we should appoint to enquire into the conduct of the Officers of the Tenth Regiment and have on their Parts appointed Mr. Willie Jones, Mr. Locke, Mr. Johnston and Gen'l. Butler a Committee for the Purpose above mentioned.

Adjourned till Monday 10 o'clock.

A. Nash, S. C.


Monday, Nov. 17th.

Met according to Adjournment.

Mr. Luke Sumner the Member for the County of Chowan appeared and took his Seat.

Mr. Samuel Jarvis the Member for Currituck and

Mr. Robert Salter the Member for the County of Pitt appeared and took their seats.

Received from the House of Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

This house have appointed Mr. Avery, Mr. Hooper, Mr. Jones, Mr. Locke, and Mr. Hunter a committee to act jointly with such Members of your house as you may think proper to appoint to prepare and bring in a bill for the Establishing Courts of Justice in this State.

A. Nash. S. C.

Ordered that the following Message be sent to the House of Commons:

Mr. Speaker and Gentlemen of the House of Commons:

This house have received your Message respecting a committee

-------------------- page 115 --------------------
to act jointly with yours in bringing in a bill for the Establishing of Courts of Justice and have nominated Mr. Maclaine, Mr. Jones and Gen'l. Rutherford who will report to this house and also appoint the same Gentlemen to act in Conjunction with such Gentlemen as you shall appoint as a Committee to prepare and bring in a Bill for the Establishment of a Land Officer and regulating the same.

S. Ashe. S. S.

Sent by the Assistant Clerk.

On Motion Resolved that the Committee appointed to Enquire into the conduct of the Officers of the 10th regiment and the reason of the delay &c. do call upon the Commissary of Stores for an Account of all the Continental Stores under his care in this State and in what manner the same are kept and preserved and that they make report to the General Assembly what may appear necessary to be done for preserving the Stores for the future and that this resolve be sent to the House of Commons for Concurrence.

S. Ashe. S. S.

Ordered that the following Message accompany the above resolve:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith send for your concurrence a Resolve of this House that the committee appointed to inquire into the conduct of the Officers of the 10th Regiment and the reasons of delay &c. do call upon the Commissary of Stores for an Account of all the Continental stores under his care in this State and in what manner they are kept and preserved and that they make report to the Gen'l. Assembly what may appear necessary to be done for preserving the Stores for the future.

S. Ashe. S. S.

Sent by the Assistant Clerk.

Received the following Message from the House of Commons:

Mr. Speaker & Gentlemen of the Senate:

His Excellency the Governor having submitted to the consideration of this house several Petitions praying that mercy may be extended to John Lewelling now under sentence of death in the Gaol of Edenton for the crime of high treason have fully considered the same and now send all the papers that they are possessed of on the subject for the examination at the Senate and suggest to them that it will be necessary to obtain the sense of the Commons

-------------------- page 116 --------------------
and Senate by a joint Ballot of both Houses by order lest possibility the two houses should divide in sentiment upon the subject which would produce a manifest inconvenience that is not provided for by the constitution or any act of Assembly and the House of Commons propose if the Senate approve of the mode that the balloting shall begin at two o'clock this afternoon and that every member who is of opinion that the sentence should be carried into execution should in his ballot signify the same as well as the day on which it should be had. This House beg leave to hint that in case it should be the opinion of the majority of both Houses that Lewilling should suffer that the state of Edenton Gaol renders it necessary that it should be done without delay and that Monday the twenty-fourth day of this month between the hours of ten and two o'clock be assigned for the execution.

A. Nash, S. C.,

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

Mr. Speaker and Gentlemen of the House of Commons:

This house have received your message relative to John Lewelling now under sentence of death in Edenton Gaol for treason against this State and are of opinion that the Gen'l Assembly cannot constitutionally intermeddle in the present case but that the sentence ought immediately to be carried into execution unless something from the Judge who sat on the Tryal should be laid before the Governor and Council to induce them to think otherwise.

Sam Ashe, S. S.

Rec'd from the House of Commons a bill for dividing Edgecombe county.

Rec'd from the House of Commons a resolve of this house empowering the committee appointed to inquire into the conduct of the officers of the tenth regiment to call upon the commissary of stores &c. Endorsed in the House of Commons, Nov. 17,1777.

Read and concurred with.

Adjourned till tomorrow 10 o'clock.


Tuesday 18 November, 1777.

Met according to adjournment.

Mr. James Kenon the member for Duplin county and Mr. Benjamin Seawell the member for Bute county appeared and took their seats.

-------------------- page 117 --------------------

Rec'd from the House of Commons the following message accompanied with an address to his Excellency the Governor:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a message which this House recommend to be addressed to his Excellency the Gov.

S. Ashe, S. C.,

To His Excellency Richard Caswell Esq. Capt. General, Governor, &c &c.

Sir,

It appearing to the Genl. Assembly that your Excellency has reinstated John Vance in his Office as Captain of the Company of Artillery in this State notwithstanding the said Vance had been broke, and declared unworthy of the command of the said company by the General Assembly, your Excellency is desired to lay before this Assembly the reasons which induced you to take a step so immediately repugnant to their determination respecting the said Vance. In the Senate Nov. 18, 1777. Read & Concurred with.

S. Ashe, S. S.

Resolved that the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House received your Message with the address to his Excellency the Governor respecting Capt. Vance being reinstated in his command and concur therewith.

S. Ashe, S. S.

On motion resolved that certificates be granted to Mr. John McNitt Alexander for two claims allowed him by the last Assembly for services rendered the public, the one amounting to fourteen hundred and twelve pounds, eighteen shillings and eight pence, the other amounting to sixty-six pounds, seven shillings; as he has by accident left the certificates which he then received in Mecklenburg County; Mr. Alexander previously entering into bond with sufficient security payable to the Governor for the time being in double the amount of the sums mentioned, conditioned that he will deliver or cause to be delivered to the Governor on or before the first day of November next ensuing, without fraud or further delay the certificates which he first received.

On motion resolved that a certificate be granted to Mr. John

-------------------- page 118 --------------------
Jarvis for a claim amounting to forty-six pounds, sixteen shillings and nine pence, allowed him by the last Assembly, the certificate which he then received being by accident destroyed.

Ordered that the following Message, together with the above resolve, be sent to the House of Commons for concurrence:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House in favor of Mr. John McNitt Alexander, also a resolve in favor of Mr. John Jarvis.

Sam Ashe, S. S.

Adjourned till to-morrow 10 o'clock.


Wednesday, 19 November.

Met according to adjournment.

Received from the House of Commons the following Message and Resolve:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House appointing Mr. James Davis Printer to this State and allowing him a certain sum therein mentioned per annum.

A. Nash,
Speaker.

Rec'd the resolve. Endorsed in the Senate. Nov. 19, 1777.

Read and Concurred with.

S. Ashe, S. S.

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

Mr. Speaker & Gentlemen of the Commons:

This House have received your Message and resolve appointing Mr. James Davis Printer to this State in the room of John Pickney, dec'd., and concurred therewith.

Sam Ashe, S. S.

Received from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We having received and considered your Message of yesterday respecting John Lewelling concur therewith and request you would prepare a Message for his Excellency the Governor informing him

-------------------- page 119 --------------------
that it is the opinion of the General Assembly that the sentence ought to be put immediately into execution. We also think it expedient that an express be immediately dispatched to the Commanding Officer of Chowan or in his absence to the Sheriff of the said County directing him to keep a strong guard over the body of the said John Lewelling.

A. Nash, S.C.

On motion Ordered that the following address be sent to his Excellency the Governor first having the assent of the House of Commons.

To His Excellency Richard Caswell Esquire, Governor and Commander-in-Chief &c, &c.

Sir,

The General Assembly have considered the Petition and other papers laid before them by your Excellency relative to the case of John Lewelling now under sentence of death for high Treason and are of opinion that as it doth not appear that there were any mitigating circumstances certified by the Judge who sat on his trial the sentence should have been carried into execution without delay for which purpose the Constitution hath invested your Excellency with full powers and hath expressly declared that the Legislative, Executive and Judicial powers of Governmeut ought to be forever separate and distinct from each other.

The General Assembly think it absolutely necessary that an express be immediately sent to the commanding officer or in his absence the Sheriff of Chowan County directing that a strong guard be kept over the body of the said Lewelling.

S. Ashe, S.S.

Received from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House concur with you in appointing the same Committee for preparing a Bill for opening the Land Office &c as were appointed to prepare and bring in a Bill for establishing Courts of Justice, and have added the following gentlemen, to-wit, Gen. Persons, Gen. Butler, Mr. John Johnston, & Mr. Tillman.

A. Nash, S.C.

Ordered that Mr. Thomas Respass have leave of absence for a few days.

-------------------- page 120 --------------------

Rec'd from the House of Commons the following message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House allowing Edward Gatling a certain sum therein mentioned for going express &c.

A. Nash, S.C.

Rec'd the resolve. Endorsed in the Senate Nov. 19, 1777.

Read and concurred with.

S. Ashe, S.S.

Ordered that the following Message be sent to the House of Commons:

This House have received and concurred with a resolve of your House allowing Edward Gatling the sum of five pounds, four shillings for going express &c.

Sam Ashe, S.S.

Received from the House of Commons the following Message and Resolve with an address to his Excellency the Gov.:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House for addressing his Excellency the Governor respecting the reprieve of John Wilson, condemend for horse stealing, together with the address.

A. Nash, S.C.

Rec'd resolve. Endorsed in the Senate Nov. 19, 1777.

Read and concurred with.

S. Ashe, S.S.

To His Excellency Richard Caswell, Esq., Governor, &c.

Sir,

The General Assembly have considered your Message respecting the reprieve of John Wilson, condemned for horse stealing. In answer would inform your Excellency that it does not lie with the Gen. Assembly to take any order thereon.

Ordered that the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have received your resolve in regard to John Wilson, condemned for horse stealing, together with an address to his

-------------------- page 121 --------------------
Excellency the Governor, respecting the same and concur therewith.

Sam Ashe, S. S.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House allowing Mr. Waightstill A very a certain sum therein mentioned agreeable to his account herewith sent you.

A. Nash, S. C.

Rec'd the resolve. Endorsed in the Senate Novem. 19, 1777.

Read & concurred with.

Sam Ashe, S. S.

Ordered that the following Message be Sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We have rec'd and herewith return the resolve of your House in favor of Mr. Waightstill Avery, allowing him the sum of one hundred and thirty pounds fourteen shillings for service rendered the public.

Concurred with.

Sam Ashe, S. S.

Ordered that the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House in favour of Joseph Hewes.

Sam Ashe, S. S.

On motion resolved that whereas Joseph Hewes agreeable to resolve of last Assembly took the oath of allegiance to the State in the Town of Halifax in May last and at the same time entered into bond for his appearance before this Assembly and for his future good behavior as a true and loyal subject, and whereas the said Hewes has appeared before this Assembly agreeable to his sacred bond and has as far as appears behaved himself as a good subject.

Resolved therefore that the said Hewes stand discharged from his said bond and that he have free liberty to go about his lawful business.

S. Ashe, S. S.
-------------------- page 122 --------------------

On motion ordered the bill for dividing Edgecombe County be read the first time, the same being read, passed for the first reading. Ordered to be sent to the Commons by Mr. Battle and Mr. Maclaine.

Mr. Benjamin Seawell moved for leave to bring in a bill for dividing Bute County and other purposes therein mentioned.

Ordered he have leave accordingly.

Mr. Seawell produced the bill for the purposes aforesaid which which he read in his place delivered in at the table where the same was again read by the Clerk, passed and ordered to be sent to the House of Commons by Mr. Seawell and Mr. Gorrell.

Rec'd from the Commons a resolve of this House for Granting Mr. John Jarvis a certificate for a claim allowed him last Assembly, the one he had then being destroyed

Endorsed in the House of Commons Nov. 19.

Read & Concurred with.

A. Nash, S. C.

Received at the same time the resolve of this House in favor of Mr. Alexander.

Not concurred with.

Received from the House of Commons at the same time the following Message:

Mr. Speaker and Gentlemen of the Senate:

This House cannot concur with yours in granting a new certificate to Mr. John McNitt Alexander as recommended by your House as they are apprehensive it will be productive of bad consequences, especially as the old one is still in his hands. But as Mr. John Jarvis hath convinced this House that his former certificate is totally destroyed we have concurred with your resolve in his favor.

A. Nash, S. C.

Rec'd from the House of Commons the following message:

Mr. Speaker and Gentlemen of the Senate:

This house have concurred with the resolve of yours and the address to his Excellency the Governor relative to John Láwelling and have sent the Address to his Excellency.

A. Nash,
S. C.
-------------------- page 123 --------------------

Received from the Commons the following Message and resolve.

Mr. Speaker and Gentlemen of the Senate:

This house having unanimously voted a monument to be erected to the memory of Genl Nash send you a copy of the resolve in which they doubt not they shall obtain your unanimous concurrence and request that you would appoint one or more members of your house to act in conjunction with a Committee appointed by this house to carry this resolve into execution.

A. Nash.

Rec'd the resolve. Endorsed in the Senate, read and concurred with Nov. 19, 1777.

Senate adjourned till 10 o'clock to-morrow.

S. Ashe, S. S.


Thursday, 20th November, 1777.

Met according to adjournment.

Rec'd by way of the House of Commons the following message from His Excellency, the Governor, to-wit:

To the Honorable the General Assembly.

Gentlemen:

In answer to your message relative to the Captain of the Artillery Company in this State I acknowledge that I knew the General Assembly had declared Capt. John Vance should be broke and discharged from the command of the said Company, but that they had declared him unworthy of the Command, I do not recollect. If it was so entered in their Journals it has escaped my Observation.

A gentleman of your honorable body informed me Capt. Vance was broke and mentioned a gentleman whom he suggested as worthy of that command, I thought him so myself, wrote to him and informed him of the vacancy and desired to know if he would accept of the appointment, he in answer signified his dissent. No other person applied except Capt. Vance, who produced a paper purporting to be a petition signed by every man of the Artillery Company except two, desiring he might be reinstated in the command. Previous to this being presented, towit:

I received a letter from Mr. Bradley the Captain Lieutenant of the said company, informing of sundry difficulties under which

-------------------- page 124 --------------------
the said company laboured and desiring leave to resign his commission, these papers were handed me upwards of a month after the rising of the General Assembly, when I laid them before the Council of State and informed that board that no other application had been made, and they thereupon advised the reinstating of Capt. Vance in his command and in pursuance thereof I issued a commission in the same form as other Commissions issue in the vacation, where the right of appointing is in the General Assembly. If the gentlemen of your honorable body had condescended to have looked into the Journals of the Council, and the files of papers sent them, I flatter myself you would have found the resolve of the Council respecting this appointment and also the petition and resignation above alluded to. I cannot quit this subject without taking notice to your honorable body that in this instance I conceive I have conducted myself agreeable to the constitution in pursuing the advice of the Council of State, and although I hope to be able to give sufficient reason for my conduct in every part of my public transaction, yet I cannot help saying that the manner in which I am at present called upon, especially when you have the papers before you which would illucidate this matter, to give my reasons for a conduct in which you must know I am supported by the advice of the Council, and which it was my duty to comply, is rather according to my conception, improper; however as I wish to give every information and satisfation within the compass of my power to your Honorable Body, I have now answered your message in the fullest manner and hope it will meet your approbation.

Richard Caswell.

Ordered the above lie for further consideration.

Ordered that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We have received your message and resolve for appointing a Joint Committee and allowing them a certain sum therein for the purpose of erecting a monument to the memory of Gen. Nash with which we unanimously concur, and have on our part nominated Mr. Speaker, Mr. Maclaine and General Jones to act with the gentlemen by you appointed for the purpose aforesaid.

Sm Ashe, S. C.
-------------------- page 125 --------------------

On motion resolved that Mr. Seawell, Mr. Coor and Mr. Exum be appointed a committee to act jointly with a committee from the other House to prepare and bring in a Bill for erecting a State House, Treasurer's office, Land office and Secretary's office in the most convenient and central part of this State.

Ordered that the following message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House appointing Mr. Seawell, Mr. Coor and Mr. Exum a Committee to act jointly with such of the members of your House as you may think proper to appoint to prepare and bring in a Bill for erecting a State House, Treasurer's Office, Land Office and Secretary's Office in the most convenient and centrical part of this State.

Sam Ashe, S. C.

Mr. William Williams, the member for Martin county appeared and Mr. Charles McDowell the member for Burke also appeared, signed the Oath of State and took his seat.

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

Mr. Speaker & Gentlemen of the Senate:

This House have received and considered your message and resolve relative to Joseph Hewes, and concurred therewith.

A. Nash, S. C.

On Motion Resolved that Mr. Coor, Mr. Alexander and Mr. Seawell be appointed a Committee to prepare and bring in a Bill for Levying a Tax for the relief of the poor in this State.

Received from the House of Commons a Bill for establishing Courts of Law and Justice and for regulating the proceedings therein. Endorsed in the Commons Nov. 20, 1777, read the first time and passed.

Ordered the same be read, which was read accordingly and passed the first time.

Received from the House of Commons the following Message, &c.:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House respecting the Officers of the Continental Army furnished by this State.

A. Nash, S. C.
-------------------- page 126 --------------------

At the same time rec'd the resolve. Endorsed in the Senate Novr 20th, 1777.

Read and concurred with.

Sam Ashe, S. S.

Received from the House of Commons the following Resolve, to-wit:

On motion resolved that Genl. Butler, Genl. Person, Mr. Whitmill Hill, Mr. Green Hill and Mr. Tillman be a Committe on the part of this House to act in conjunction with such Gentlemen as shall be appointed on the part of the Senate to prepare and bring in a Bill to establish a Loan office in this State, agreeable to the recommendation of Congress. That the same be signified to the Senate.

A. Nash, S. C.

In the Senate Nov. 20, 1777, read and concurred with.

Ordered the following Message to be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the resolve of your House for appointing a Joint Committee to prepare and bring in a Bill for establishing a Land Office in this State, with which we concur, and have appointed on the part of this House Mr. Hunt, Mr. Maclaine and Mr. Lanier to act with the gentlemen by you appointed as a Committee for the purpose aforesaid.

S. Ashe, S. S.

Ordered that the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return your resolve relative to the Officers of the Continental Army furnished by this State with which this House concur.

On motion ordered that the Printer of this State be daily furnished with a copy of the proceedings of this House.

Adjourned till tomorrow 9 o'clock.

-------------------- page 127 --------------------


Friday, 21 November, 1777.

Met According to adjournment.

On motion resolved that Capt. Robert Porter be allowed the sum of one hundred and six pounds and eleven shillings and six pence as a reimbursement for the same sum in bills of credit of this State, which he the said Porter has had the misfortune of losing, together with his house by an accidental fire.

Ordered the following Message be sent to the House of Commons with the above Resolve, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House in favor of Capt. Robert Porter, together with the petition of said Porter, which induced this House to enter into such resolve. Genl. Jones and Mr. Hunt dissented from the above Message and resolve.

Sam Ashe, S. S.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House directing Mr. James Davis Printer to the State to print the remaining acts of the last Session of Assembly not yet printed.

A. Nash, S. C.

Received the resolve above referred to. Endorsed in the Senate, 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 have received and herewith return the resolve of your House directing Mr. James Davis Printer to this Statee to print the remaining acts of the last Session of Assembly, concurred with by this House.

Sam Ashe, S. S.

On motion resolved that Mr. James Davis be directed to print the proceedings of the Senate in April and May last, and that Mr.——be appointed to correct the same under the inspection of the Speaker.

-------------------- page 128 --------------------

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House for allowing Mr. James Davis, printer to this State, a further sum of one hundred pounds.

A. Nash, S. C.

Received the resolve above referred to.

Endorsed in the Senate 21 Nov., 1777.

Read and concurred with.

Sam Ashe, S. S.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons.

We herewith return the resolve of your House for allowing Mr. James Davis, printer to this State, a further sum of one hundred pounds per annum, with which this House concur.

Sam Ashe, S. S.

Rec'd from the House of Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

This House have received and considered your Message appointing a committee to act in conjunction with such gentlemen as should be appointed on the part of this House to prepare and bring in a bill for erecting a State House, &c., and have on their part appointed Mr. Jones, Mr. Locke, Gen. Person, Gen. Butler, Mr. Cobb, Mr. Johnston and Mr. Benbury to act with the gent'n appointed by you for the purposes above mentioned.

A. Nash, S. C.

Mr. David Love, the Member for the County of Anson, appeared and took his seat.

Ordered the Bill for dividing Edgecombe County be read the second time, which being read, was ordered to lie on the table for amendment.

Received from the House of Commons the following order, together with a petition from a number of Quakers of Perquimmons County.

Read two petitions from sundry persons called Quakers.

Ordered that the same, together with the Treason Act passed the last session of Assembly be referred to a Committee of both

-------------------- page 129 --------------------
Houses and that Mr. Courtney, Mr. Hooper, Mr. Green Hill, Mr. Butler, Mr. Person, Mr. Benbury, Mr. Atkinson, Mr. Stone and Mr. Bryan be appointed on the part of this House for the purpose aforesaid.

A. Nash, S. C.

On motion ordered that Mr. Battle, Mr. Coor and Mr. Sumner be appointed a committee to act jointly with the gent'n appointed by the other House to take into consideration the petition of the Quakers above mentioned, and that the following Message be sent to the Commons to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

This House have received your order respecting a petition from a number of Quakers in Perquimons County and have on the part of this House appointed Mr. Battle and Mr. Coor and Mr. Luke Sumner to act with the gent'n by you appointed as a committee to take said petition into consideration.

S. Ashe, S. S.

Ordered the Bill for dividing Bute County be read the second time, which being read and amended, passed for the second reading of this House.

Rec'd from the Commons a Bill for erecting a prison in the Town of Edenton.

Endorsed in the Commons 21 Nov., read the first time and passed.

On motion ordered, that Capt. Pile be called on to inform this House of any circumstances he may be acquainted with relative to Col. John White of the State of Georgia enlisting men in this State contrary to a resolve of the last General Assembly. Capt. Pile appeared at the Bar of the Horse and after informing of several circumstances relative to the above mentioned facts, it was ordered that Col. White be sent for to appear before this House and inform them of his reasons for so doing.

Adjourned 'til 9 o'clock to-morrow.


Saturday 22 Nov., 1777.

Met according to adjournment.

Ordered, the Bill for establishing Courts of Law and Justice and regulating the proceedings therein, also the Bill for dividing

-------------------- page 130 --------------------
Bute County be sent to the House of Commons. Sent by Mr. Battle and Mr. Gorrell.

Ordered the Bill for erecting a prison in the Town of Edenton, which being read, passed its readings in this House, and was sent to the House of Commons by Mr. Corrie and Mr. Carter.

Col. White agreeable to the order of yesterday, together with Capt. Pile appeared at the Bar of this House who being examined relative to the matters above mentioned, the House came to the following resolve, to-wit:

Upon the complaint of William Pile, master of the vessel loaded & now ready to proceed to sea, that John White, Esquire, Colonel of a Continental Battalion raised by the State of Georgia, had inlisted one of his seamen named James Rawling, this House summoned the Complainant and Colonel White to appear, and upon hearing the allegations of the parties do find, that it doth not appear that the said Rawling was actually inlisted but that he went with Col. White's waggon on a promise that he should be promoted to the office of Mate in a Continental ship; and that there is no reason to believe that he would have deserted the vessel to which he belonged had he not received extraordinary encouragement and as the taking of seamen from the merchants service will greatly distress the trade of this State, and render the necessaries of life still more difficult to be procured; therefore resolved that Col. White his officers or soldiers do deliver up the said James Rawling to the said William Pile or his Order, and all Magistrates and officers are hereby required to be aiding and assisting in securing the said James Rawling so as to oblige him to return to his duty.

Sam Ashe, S. S.

Ordered the following Message with the above resolve be sent to the Commons for concurrence:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House directing Colonel John White of the State of Georgia his Officers or Soldiers to deliver up a certain James Rawling to Capt. Pile or his order, it appearing to this House from the examination of Col. White and Capt. Pile that the said Rawling had entered on board the vessel of said Pile, now lying in this Harbour, and has, contrary

-------------------- page 131 --------------------
to the article by him signed quit the vessel and is now on his way to South Carolina in company with Col. White's waggon.

Sam'l Ashe, S. S.

Received from the House of Commons a Bill for erecting a prison in the town of Edenton, endorsed in the Commons 22 Nov. Read the second time and passed.

Ordered the Bill for dividing Edgecombe county be read a second time which being read and amended passed for the second reading of this House and was sent to the House of Commons by Mr. Battle and Mr. Kenan.

Received from the House of Commons Bill for adding part of Anson county to Bladen county, endorsed in the Commons 22 Nov. Read the first time and passed.

On motion Resolved that Mr. Speaker, Mr. Maclaine, Gen. Jones, Mr. Coor, and Mr. Hart be a Committee to act in conjunction with the gentlemen appointed by the House of Commons to report what Bills of public and general concern it will be necessary to prepare and bring in this Session of Assembly. Previous to entering into the above Resolve, this House Received from the House of Commons a Resolve of that House appointing a Committee for the above mentioned purpose.

Received from the House of Commons the following message together with the report of the Committee appointed to inquire into the conduct of the Officers of the 10th regiment &c., and concurred with by this House.

Mr. Speaker & Gentlemen of the Senate:

We herewith send you the report of the Committee of inquiry into the conduct of Col. Abraham Sheppard and the other Officers of the 10th regiment and the reasons of delay of the march of said regiment to join Gen. Washington &c., concurred with by this House.

A. Nash, S. C.

The Report of the Committee of inquiry into the conduct of Col. Abraham Sheppard and the other Officers of the tenth regiment and the reasons of delay of the march of said regiment to join Gen. Washington &c.

Mr. Archibald Maclaine, Chairman (Senate Committee), Mr. Willie Jones Chairman (House Committee).

-------------------- page 132 --------------------

Your Committee having obtained all the information that could be had at present, and having duly considered the same do find by a resolve of the General Assembly, bearing date 17th April, 1777, that Abraham Sheppard was appointed to the commd. of a regiment (now the tenth) with certain powers and under certain restrictions, that such soldiers as should be inlisted into the said regiment were to be under continental regulations—and that the commissary of stores was directed to supply every soldier so inlisted with a suit of clothes as directed by the Continental Congress.

That his Excellency the Governor in consequence of the aforesaid resolve and the directions of the General Assembly issued recruiting instructions to Colo. Abraham Sheppard, dated the 9th May, 1777. By the 13 article of which the said Abraham Sheppard was injoined to make Kingston the rendezvous of his regiment, to make return of his success in recruiting on the first day of July then next and thereafter on the the tenth day of every month or oftener if requested and to hold himself in readiness with the officers and soldiers under his command to march at the shortest notice to join the continental army, that the Council of State on proof made to them that Colo. Sheppard and the Officers under his command had raised 328 privates, previous to the first day of July last recommend to his Excellency (by resolve of Aug. 5, 1777,) to grant commissions to such Officers as were necessary to complete the Battalion, that the Continental Congress by resolve dated June 17th, 1777, admitted Colo. Sheppard's Battalion on the Continental Establishment on his compliance with the terms stipulated with the State of North Carolina, and directed that as soon as 300 rank and file should be inlisted, Colo. Sheppard should march his Battalion with all possible expedition to join Genl. Washington, only leaving proper officers to recruit, and that in consequence of the above his Excellency issued Continental Commissions to Colo. Sheppard and the officers under his command as many as were necessary to complete the Battalion. But for various reasons which may appear by his Excellency's letter to the Committee defered ordering the said Battalion to the northward until the 15th day of Sept. when his Excellency issued orders directing Col. Sheppard to march the Battalion under his command, and the Artillery Company under Capt. John Vance which

-------------------- page 133 --------------------
had also been received on the Continental Establishment from Kingston on the 25th day September with the greatest expedition to Richmond town in Virginia to remain till he had received further orders, directing a speedy return of such articles as he would actually stand in need of on his march that his Excellency might make the necessary provisions, that the said Battalion and Artillery Company marched accordingly on the 25th of September and that his Excellency some few days after sent further orders to Col. Sheppard to proceed immediately to headquarters and join Gen. Washington's army with utmost expedition. That Col. Sheppard arrived with the said Battalion and Artillery Company on the north side of Roanoke in Northampton County on the 6th Oct. and the said Sheppard after staying there a few days left the Battalion, and returned to Dobbs County, suggesting for reason in his letter of 14th October to his Excellency that the Commissary of stores was not at Halifax and that Col. Long had informed him there were neither shoes, breeches, blankets nor stockings for the soldiers, and that his Excellency saw Col. Sheppard soon after and advised him to return and endeavour to proceed on his march.

Your Committee further find by return made and information obtained from Mr. Craik Commissary of stores that cloathing &c. to a considerable amount were delivered to the tenth Battalion previous to the 7th of October and that Col. Long on the said 7th October, Mr. Craik then being absent from Halifax, using his endeavors to purchase continental stores delivered the remainder of the clothing &c then on hand—that after this there was a considerable difficiency of Hats, Breeches, Shoes, Blankets and Stockings, quo-ad the said tenth Battalion, but that he Mr. Craik had furnished the artillery company with Coats, Shirts, Spater-dashes, breeches and 2 pair of shoes to a man (lacking 12 pair) within twelve months past and had supplied them with Eight Blankets only they having never applied for any more, tho' there were Blankets on hand, untill they reached Kingston; that he had inferred from their conduct that they did not want Blankets, but supplied themselves and meant to make a claim therefor, but that he did not know whether they had done so or not. Mr. Craik also informed the Committee that he had now provided a sufficient quantity of shoes for the said tenth Battalion and Artillery company—Your Committee further find that Col. Sheppard did repair from Dobbs

-------------------- page 134 --------------------
County to his Battalion in Northampton County but instead of proceeding on his March soon returned again to his Excellency the Governor with a Memorial from his Officers and the Officers of the Artillery Company to which your Committee beg leave to refer. Upon the whole it appears to your Committee that his Excellency the Governor has by every possible means in his power encouraged the recruiting of the tenth Battalion, that he has endeavored to excite Col. Sheppard and his Officers to a discharge of their duty by urging them on every principle of honor, love of liberty and of their Country that he Ordered the said Colonel Sheppard to march as expeditiously as possible to headquarters, to join General Washington, and at the time of year when these Orders were given and received the weather was so moderate that the said Colonel Sheppard with the Troops under his Command might have marched without much inconvenience—from whence your Committees conceive that Col. Sheppard and the Officers under his command have disobeyed orders on frivolous and insufficient reasons, that their conduct casts a shade not only on themselves but in some measure draws a reflection on this State and that to do away this, the only proper way is to behave like soldiers for the future. Wherefore that they may have an opportunity of so doing, Resolved that his Excellency the Governor be desired to Order Colonel Sheppard with the Tenth Battalion and the Artillery Company immediately on to the Northward.

Resolved also that the Commanding Officer of the said Battalion shall return to his excellency a list of the names of such Officers and Soldiers as shall refuse or decline marching according to orders, which list shall be published in the newspapers of this and the neighboring State, and that such Officers and Soldiers shall for the future be deemed deserters of the cause of Liberty and be held unworthy to hold any office or place of trust or profit in this State, and shall be incapable of bringing suits or of taking by purchase or otherwise, or disposing of any lands, tenements or hereditaments within the same and shall and may be treated as deserters wherever they may be found. It appearing to your Committee that Benjamin Sheppard a person strongly suspected of being concerned in passing counterfeit money has been appointed pay master to the tenth Battalion and that Alexander Outlaw who has long laboured under a bad character for practices of the like nature

-------------------- page 135 --------------------
and was under recognizance to have appeared at the last court of Oyer at Wilmington which recognizance he has forfeited by his non-appearance has been appointed quarter master to the said regiment, Resolve that the said Benjamin Sheppard and Alexander Outlaw be declared unworthy of holding the said offices. Your Committee being informed by a gentleman called before them that he had purchased from one of the officers of the tenth Battalion a certificate to exempt him from militia duty for which he paid him a valuable consideration but that he did not inlist any person himself and being further informed that other certificates had been granted in the same manner.

Resolved, as the opinion of your committee that such certificates do not come within the meaning of the resolves of the General Assembly which require that the militia men exempted from duty should themselves make the inlistment and therefore that no militia man shall be exempted from duty by virtue of any certificate fraudulently granted. Your Committee also inquired into the state of the continental stores now on hand but could not obtain a particular account nor can it be had until the commissary returns to Newbern, however from the information laid before them respecting the manner of keeping the stores, your committee apprehend there is danger of the gun powder being lost or spoiled for that the houses wherein it is lodged in different parts of the State are very improper and being in places very distant from one another the commissary cannot pay the necessary attention to the whole; your committee are therefore of opinion that a magazine should be built for the reception of the bulk of military stores and that the commissary be empowered to employ certain persons paying a reasonable sum for services performed to receive and deliver out in his absence such detached stores as may be necessarily lodged elsewhere. Your committee were informed by the commissary that blankets might be purchased at Charlestown.

Archibald Maclaine,
Chairman.

Ordered the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a Resolve of this house relative to Capt. Vance, of the Artillery Company of this State.

Sam Ashe, S. S.
-------------------- page 136 --------------------

Whereas John Vance Capt. of the Artillery Company now in Northampton county on their march to join General Washington was by the General Assembly in their last session broke for misbehavior in Office, notwithstanding which he hath since been reinstated by advice of the Council of State, it appearing that the Governor and Council were not acquainted with the reasons of the report of the Committee.

Resolved that the said John Vance still continues unworthy of holding any Military Office and that it be recommended to the Governor to remove him immediately before the said company shall march.

Sam Ashe, S. S.

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 John Vance, Capt. of the artillery company, concurred with by this House.

A. Nash, S. C.

On motion resolved that Capt. Ambrose Harper be allowed the sum of one hundred and forty-one pounds, eight shillings and seven pence farthing for furnishing the guard kept at Halifax with provisions.

Ordered the following Message be sent with the above resolve:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House in favor of Capt. Ambrose Harper, together with his acct.

Sam Ashe, S. S.

Ordered that Mr. Robert Sumner be added to the committee of accts. in the room of Col. Williams, who declines acting on acct. of ill health, and that Mr. Alexander be added to the Committee of Claims in the room of Mr. Jones.

On Motion resolved that Genl Jones, Mr. Alexander and Mr. Hart be a Committee to act jointly with a Committee of the other house to ascertain what sum is sufficient for rations, to be allowed for furnishing the troops in this State with provision.

Ordered the following Message be sent to the House of Commons with the above resolve:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House

-------------------- page 137 --------------------
for appointing a committee to act in conjunction with such gentlemen as you may appoint for the purpose of ascertaining what sum per ration is sufficient.

Sam Ashe, S. S.

Rec'd from the Commons the Bill for dividing Edgecombe County.

Endorsed in the House of Commons 22 Nov. Read the third time and passed.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have added Mr. Tillman, Mr. Locke and Mr. Atkinson to the Committee on Public Accts.

A. Nash, S. C.

Ordered that Mr. Exum have leave of absence 'till Wednesday next.

Rec'd from the House of Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

This House have received and considered your Message respecting an allowance to Capt. Ambrose Harper and cannot concur with it, thinking it comes more properly before the Committee of Claims.

A. Nash, S. C.

Adjourned 'til Monday morning 9 o'Clock.


Monday, 24 Nov., 1777.

Met according to adjournment.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

As the resolve of the last Session of the General Assembly relative to the Iron Works in Chatham County has not been carried into execution, owing to the two Houses having failed to appoint Commissioners to settle with John Wilcox agreeable to the report of the joint committee and the resolve of the General Assembly, and it being necessary that there should be Commissioners appointed for the purposes aforesaid, this House have nominated Mr. Owen, Mr. John Spair, and Gen. Person to act jointly with such gentlemen as you shall appoint, to settle with the said Wilcox,

-------------------- page 138 --------------------
as directed by said reports, and also to hire out all the slaves that have been employed on the said works for or on acc't of the public.

A. Nash, S. C.

Ordered the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have received and considered the resolve of yours for appointing Commissioners to act in conjunction with Commissioners from this House for the purpose of settling the public accts. with John Wilcox, and to hire out the slaves that have been employed on the said Works, for or on acct. of the public, and have appointed Mr. Hart, Mr. Ramsey and Mr. Lanier Commissioners to settle the accts., but it is the opinion of this House, that instead of hiring the negroes out, that it would be the most advisable measure to sell them and wish your House to take the same into consideration.

Sam Ashe, S. S.

Mr. Lanier laid before the House sundry letters from Capt. James Robertson, Superintendent of Indian Affairs, which, being read, were ordered to be referred to a Committee of both Houses, and Mr. Carter, Mr. Lanier, Mr. Hart and Mr. McDowell were appointed on the part of this House, to act in conjunction with such genl'm as the House of Commons should appoint to take the aforesaid letters into consideration and make report thereof.

Ordered that the following Message, together with the above mentioned letters, be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your perusal several letters from Capt. James Robertson Superintendent of Indian Affairs the consideration of which this House have referred to a Committee of both Houses and have on their part appointed Mr. Carter, Mr. Lanier, Mr. Hart and Mr. McDowell to act jointly with such genl'm as you may appoint to take the same into consideration and make the report thereof.

Sam Ashe, S. S.

Mr. Maclaine laid before the House a Memorial of John Edge Tomlinson, setting forth that he has contrary to the laws of this State been dispossessed of a certain Indian slave named Peter by

-------------------- page 139 --------------------
Alexander Gaston and William Tisdale Esqs. praying relief in the premises.

On motion resolved that Genl. Rutherford, Mr. Maclaine, Mr. Corrie and Mr. Alexander be a Committee to act jointly with such gentlemen as may be appointed by the House of Commons to enquire into the matters set forth in said Memorial.

Ordered the following Message be sent with the foregoing resolve to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons.

We herewith send the Memorial of John Edge Tomlinson setting forth that he has contrary to the laws of this State been dispossessed of a certain Indian slave named Peter by Alexander Gaston and William Tisdale Esqs. together with a resolve of this House appointing Genl. Rutherford, Mr. Maclaine, Mr. Corrie and Mr. Alexander a Committee to act jointly with such gent'm as you may appoint to inquire into this matter set forth in said Memorial.

Sam Ashe, S. S.

Ordered the Bill for adding part of Anson County to Bladen County be read, which was read and passed the first time. Sent to the Commons by Mr. Seawell and Mr. Bryan.

Ordered the Bill for adding part of the County of Duplin to Johnston County be read, which was read and passed. Sent to the Commons by Mr. Seawell and Mr. Bryan.

Ordered the Bill for dividing Edgecombe County be read, amended and passed, and the following Message was ordered to be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House on reading the Bill for the division of Edgecombe County propose that the words “it is hereby enacted” be inserted in the ninth line of the first page immediately after the word “and” and that the words “Supreme Courts of Law and Justice” be in the twelfth line of the third page of the said Bill. If your House approve of the proposed amendment please send two of your body to see the alteration made.

S. Ashe, S. S.

Adjourned till 9 o'clock tomorrow.

-------------------- page 140 --------------------


Tuesday, 25 November, 1777.

Met according to adjournment.

Mr. Russell laid before the House a petition from John Sheppard, Master or Commander of the Scow or Vessel called the Diamond, lately stranded and lost at Ocracock Bar, setting forth that he has been defrauded of greatest part of the Cargo of said Vessel by some of the inhabitants at or near Ocracock.

Resolved that Mr. Coor, Mr. Respass, Mr. Maclaine and Mr. Salter be a Committee to act jointly with a Committee from the House of Commons, to consider said petition and make report thereof.

Ordered that the following Message, together with the above resolve, be sent to the House of Commons for concurrence, to-wit:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send you a resolve of this House appointing Mr. Coor, Mr. Maclaine, Mr. Salter and Mr. Respass a Committee, to act jointly with such gent'm as you may appoint to consider the petition of John Sheppard Commander of the Scow called the Diamond, together with the petition of said Sheppard, which will inform you of all the reasons which induced this House to appoint such Committee.

Sam Ashe, S. S.

Mr. Maclaine laid before the House a warrant on the public Treasury from the late Gov. Martin, in favor of Mr. Collett, which was ordered to lie for consideration.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House recommend to his Excellency the Governor to fill up the vacancy in the Artillery Company, which will be occasioned by the removal of Capt. Vance, agreeable to the recommendations herewith sent you.

A. Nash, S. C.

Rec'd the resolve above referred to. Endorsed in the Senate 25 Nov. Read and concurred with.

S. Ashe, S. S.

Ordered that the following Message be sent to the Commons:

Mr. Speaker and Gentlemen of the House of Commons:

This House have received your Message and resolve in respect

-------------------- page 141 --------------------
to filling up the vacancy in the Artillery Company which will be occasioned by the removal of Capt. Vance, and concur with the same, and this House recommend that a Message be sent to his Excellency for that purpose, and are of opinion, that the same ought to be sent by some of your Members.

Sam Ashe, S. S.

Read the Deposition of Mr. Robert Lanier setting forth that a certificate which was granted him by the last Congress held at Halifax, is either lost or mislaid and should it hereafter come to hand that he will destroy it.

Resolved that a new certificate be granted to Mr. Robert Lanier for the sum of thirty seven pounds and six pence, and that the Treasurers or either of them pay him the same and be allowed in their account with the public.

Ordered that the above resolve with the following Message be sent to the House of Commons for concurrence:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House in favor of Mr. Robert Lanier, also a Deposition of Mr. Lanier, which induced this House to enter into such resolve.

Sam Ashe, S. S.

Adjourned till to-morrow 9 o'clock.


Wednesday, 26 November 1777.

Met according to adjournment.

Mr. John Bradford, the member for the County of Halifax, appeared and took his seat.

Mr. Hunt moved for leave to read the petition of Wm. Graham of Tryon County, setting forth that at the last Congress held at Halifax in the settling his account against the public, he had made a mistake in his charges. Ordered that the same be referred to the Committee of Claims and that the following message be sent to the House of Commons:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith send for your perusal the petition of William Graham, which this house wish to refer to the Committee of Claims.

S. Ashe, S. S.

Ordered that the Bill for erecting a prison in the town of Edenton

-------------------- page 142 --------------------
be read, read and passed the second reading. Ordered to be sent to the Commons by Mr. Seawell and Mr. Bryan.

On motion resolved that Dearcy Fowler now on his parole in Duplin County, receive the allowances as ordered by the Continental Congress for prisoners of war.

Ordered the following message be sent to the Commons with the above resolve:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House in favour of Dearcy Fowler now on parole in Duplin County.

Sam Ashe, S. S.

Resolved from the House of Commons a Bill for erecting the the District of Washington into a County by the name of ———— County.

Endorsed in the House of Commons Nov. 25, read the first time and passed.

Rec'd from the House of Commons the following Message.

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Mr. Hill, Mr. Hooper, Mr. Jones and Mr. Edmonds a committee on their part to act jointly with such gentlemen of the Senate as shall be appointed to take into consideration the instructions given Captain Caswell, and make the necessary provision therefor, a copy of which together with a Message from His Excellency the Governor, relative to the said instructions is herewith sent you.

A. Nash, S. C.

Ordered that the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have received your Message appointing a committee to act jointly with a committee from this House to take into their consideration the instructions given to Capt. Caswell and make the necessary provision, and we have on our part appointed Genl. Jones, Mr. Hart and Mr. Luke Sumner for the above mentioned purpose.

Sam Ashe, S. S.
-------------------- page 143 --------------------

Received from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have received and considered your Message relative to John Edge Tomlinson, with the memorial of the said Tomlinson therein referred to, also appointing a committee to act jointly with such gentlemen as should be appointed by this House to take the same into consideration, and do on their part appoint Genl. Person, Mr. Benbury and Mr. Swann a committee for the purposes above mentioned.

A. Nash, S. C.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have received and considered your Message with sundry letters from Mr. Robertson, Superintendent of Indian Affairs, also appointing a committee to act jointly with such gentlemen as should be appointed by this House to take the same into consideration, and on their part have appointed, Mr. Haywood, Mr. Edmonds, Mr. Swan, Mr. Maclaine and General Persons a committee for the purposes above mentioned.

A. Nash, S. C.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House for impowering the Commissioners appointed by this House for settling the public accounts with John Wilcox to act in conjunction with such gentlemen as shall be appointed by your House to examine the acc'ts of the Superintendent of the said Iron Works.

A. Nash, S. C.

Received the resolve above referred to.

Endorsed in the Senate, 26 Nov., 1777.

Read and Concurred with.

Sam Ashe, S. S.

Ordered the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have received your Message impowering the same Commissioners as were appointed to settle with John Wilcox to examine the accounts of the superintendent of the Iron Works in

-------------------- page 144 --------------------
Chatham County and do concur with the same, and we also impower the same Commissioners that were appointed by this House to act with yours for the above purpose.

S. Ashe, S. S.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have received and considered your message, informing that you have appointed Commissioners to act jointly with the Commissioners already appointed on the part of this House to settle the public accounts with John Wilcox relative to the Iron Works in Chatham County, &c. We also observe you recommend to the consideration of this House whether it would not be more expedient to sell the Negroes of Thomas McKnight which have been hired there on account of the public, than to hire them out, as recommended by this House in a former message. This House do not think it necessary to sell the Slaves of said McKnight at this junction, and therefore would be excused from concurring with you in this measure.

A. Nash, S. C.

Received from the House of Commons a Bill to prevent abuses in taking up stray horses, cattle, &c. Endorsed in the Commons 26 Nov. 1777. Read the first time and passed.

Ordered to be read in the Senate and passed. Ordered to be sent to the Commons by Mr. Respass and Mr. Smith.

Mr. Maclaine moved for leave to bring in a Bill for encouraging the settlement of the Western part of this State and other purposes therein mentioned. Ordered he have leave.

Mr. Maclaine produced the Bill for the above mentioned purposes, which being read passed and was sent to the House of Commons by Mr. Respass and Mr. Smith.

Genl. Jones moved for leave to bring in a Bill to amend the staple of Tobacco and to prevent frauds. Ordered he have leave.

Mr. Jones produced the Bill for the above mentioned purposes, which was read and passed. Ordered to be sent to the Commons by Mr. Respass and Mr. Smith.

Received from the House of Commons the following message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a Resolve of this House for liberating John Doake.

A. Nash, S. C.
-------------------- page 145 --------------------

Rec'd the Resolve. Endorsed in the Senate 26 Nov. Read and concurred with.

Sam Ashe, S. S.

Ordered the following message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have rec'd your Message respecting John Doake and concur therewith.

S. Ashe, S. S.

Ordered the Bill for erecting the District of Washington into a County by the name of ———— County be read, read and passed, sent to the Commons by Mr.

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 Mr. Thomas Rifle to hire out a certain negro the property of Thomas McKnight.

A. Nash, S. C.

Ordered the above resolve lie for Consideration.

Adjourned 'til to-morrow 9 o'clock.


Thursday, 27, 1777.

Met According to Adjournment.

On motion resolved that the Committee of Claims allow the Commissary of the several companies of Militia who are in service or have been so since the last Session of Assembly the sum of one shilling and two pence per ration in the settlement of their accounts with the public.

On motion resolved that the Commissioners appointed in several Counties in this State to buy up arms, purchase no more and that such as hitherto have not accounted with the public do account and settle with the next General Assembly.

Ordered that the following message be sent to the House of Commons, together with the Resolves:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House directing the Committee of Claims to allow the Commissaries of the Independent Company, and Militia Companies in the State,

-------------------- page 146 --------------------
who are or have been in service since the last Session of Assembly the sum of one shilling and two pence per rations.

Also a resolve of this House directing the Commissioners appointed in this State for the purpose of purchasing arms to buy no more, and directing those who have not accounted with the public to account and settle with the next General Assembly.

Sam Ashe, S. S.

Rec'd from the House or Commons the following message:

Mr. Speaker & Gentlemen of the Senate:

This House have received and considered the message and resolve of yours appointing a committee to act jointly with such gentlemen of this House as should be appointed to consider the petition of John Sheppard commander of the scow called the Diamond, and do on their part appoint Mr. Jones, Mr. Hooper, Mr. Persons, Mr. Lord and Mr. Whitmill Hill as a committee for the purposes aforesaid.

A. Nash, S. C.

Mr. Maclaine laid before the House a memorial of Robert Alexander of Tryon County, shewing that by resolve of Congress he was appointed with William Graham to purchase arms for the use of public, the said William Graham refusing to enter into bond agreeable to the said resolve, the whole charge of purchasing arms devolved him, and in compliance thereof has filed his bond in the Secretary's Office with sufficient securities, and had proceeded to purchase arms to a considerable amount, and that a sum of money has been delivered to William Graham for that purpose but instead of delivering it to him he had paid a considerable part of it into the Treasury to the amount of one hundred and forty-four pounds.

Resolved therefore that the Treasurers or either of them pay into the hands of the said Alexander the above sum of one hundred and forty-four pounds and that they be allowed the same in the settling of their accounts with the public.

Gen. Jones and Mr. Hunt dissented from the above resolve and moved for leave to enter their reasons for dissenting against the same which were as follows, to-wit:

Because Memorialist has never yet accounted with the public agreeable to his duty, for the money he has received.

Because the sum allowed is near one hundred pounds more than

-------------------- page 147 --------------------
what the Memorialist pretends to have expended for the service of the State.

Because it hath not appeared by anything laid before the House (except the Commissioner's own Memorial) that any of the money heretofore paid the Memorialist hath been laid out in the requisite service.

Ordered that the following Message be Sent to the House of Commons:

Mr. Speaker & Gentlemen of the Commons:

We herewith send for your concurrence a Resolve of this House relative to Mr. Robert Alexander of Tryon County one of the Commissioners appointed by Congress to purchase arms for the use of the State.

Sam Ashe, S. S.

Rec'd from the House of Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

This House have received and considered your Message informing you have appointed a Committee to act jointly with such gentlemen of this House as should be appointed for the purpose of ascertaining the price of rations, and do on their part appoint Mr. Locke, Mr. Edmonds, Mr. Person, Mr. Bass, Mr. Williams, Mr. W. Hill, Mr. Green, Mr. Tillman and Mr. Chadwick for the purposes above mentioned.

A. Nash, S. C.

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House in favor of Jesse Goodwin together with the petition of said Goodwin.

A. Nash, S. C.

Rec'd the resolve above referred to. Endorsed in the Senate 27 Nov. Read and 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:

This House have received the resolve of yours for allowing Jesse Goodwin the sum of ten pounds, likewise an annuity of ten pounds

-------------------- page 148 --------------------
'til the Genl. Assembly shall otherwise direct, and concur therewith.

Sam Ashe, S. S.

Rec'd from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

At the last session of this Gen. Assembly a certain Joseph Singletary (a soldier in the service of this State) was allowed by this House twenty pounds, and ten pounds per annum afterwards, until the Genl. Assembly should otherwise direct, in consideration of his having lost an arm by accident, when in said service. The resolve of this House in his favor having not been heretofore sent up to the Senate for their concurrence, we now send it and hope it will meet with your approbation, we also send you the petition of said Singletary for your further information.

A. Nash, S. C.

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 in favor of Joseph Singletary. Concurred with by this House.

Sam Ashe, S. S.

Mr. Thomas Robeson, the Member for the County of Bladen, appeared and took his seat.

Received from the House of Commons a Bill for securing lots in Elizabeth Town in Bladen county, also a Bill for erecting part of the County of Surry and part of the district of Washington into a separate and distinct County by the name of ——— endorsed in the Commons Nov. 27, 1777 read and passed the first reading.

Ordered the same be read in the Senate, read and passed the first reading and sent to the Commons by Mr. Maclaine and Mr. McDowell.

General Jones moved for leave to bring in a Bill concerning proving wills and granting letters administration &c. Ordered he have leave, the same being read passed the first reading.

Ordered to lie on the table. Friday the 28th this instant being set apart by his Excellency the Governor and Council as a day of solemn Thanksgiving to Almighty God on acct of the late signal success of our Northern Army Commanded by Maj. Gen. Gates

-------------------- page 149 --------------------
over the forces of the King of Great Britain commanded by Lieut. Gen. Burgoyne.

Resolved, that Mr. Samuel Jarvis with Mr. Benbury nominated by the House of Commons for that purpose, wait on the Rev. Mr. Pettigrew and request him to perform Divine Service tomorrow at the church in Newberne. Mr. Jarvis informed the House that he with Mr. Benbury had waited on the Rev. Mr. Pettigrew and acquainted him with their request and that Mr. Pettigrew had agreed thereto.

Adjourned til tomorrow 4 o'clock.


Friday, the 28 November, 1777.

The House met according to adjournment.

On motion Resolved that no new Bills be brought into the House after Saturday the 6th December. General Rutherford moved for leave to bring in a Bill for the confiscating the property of Thos McKnight.

Ordered he have leave accordingly.

On motion Resolved that the Commissioners appointed by the General Assembly to settle with John Wilcox concerning the iron work in Chatham County after making such settlement, and the said Wilcox giving them sufficient security for repaying whatever may appear to be due to the State, do relinquish to the said Wilcox all right to the said Iron Works on behalf of the State, and deliver the same to him, and that the said Wilcox after giving sufficient security to the said Commissioners on behalf of the State for the repayment of the money lent with interest they shall grant him a certificate and be impowered to draw on either of the Treasurers for one thousand pounds, to enable him to carry on the said works, and the Treasurers or either of them paying the same shall be allowed it in their settlements with the public. Dissentient, A. Maclaine.

Ordered that the following message be sent to the House of Commons, together with the above Resolve.

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House in favour of Mr. Wilcox.

-------------------- page 150 --------------------

Received from the House of Commons the following Bills, to-wit:

A Bill to amend the staple of tobacco, and prevent fraud. Endorsed in the Commons 28 November, 1777. Passed the first reading.

A Bill for erecting the District of Washington into a County by the name of Washington County. Endorsed in the Commons the 28th November, 1777, read the second time and passed.

A Bill for adding part of the County of Duplin to Johnston. Endorsed in the Commons Nov. 28, 1777, read the first time and passed.

A Bill for the regulation of the town of Edenton. Endorsed in the Commons 28th November, 1777, read the first time and passed.

A Bill for erecting part of the County of Surry and part of the District of Washington into a separate and distinct County by the name of ————. Endorsed in the Commons Nov. 28, 1777, read the second time and passed.

A Bill for securing lots in Elizabeth town in Bladen County. Endorsed in the Commons 28 Nov., 1777, read the second time and passed.

A Bill for encouraging the settlement of the Western Parts of this State and other purposes therein mentioned. Endorsed in the Commons Nov. 28, 1777, read and passed the first reading.

Ordered that the Bill for the regulation of the town of Edenton be read, read and passed the first reading.

Also the Bill for erecting the District of Washington into a County by the name of Washington County, be read, read and passed the second reading. Ordered to be sent to the Commons by General Jones and Mr. Kennan.

Ordered that the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House on reconsidering the resolve of yours relative to hiring out the negroes imployed on the Iron Works in Chatham County on account of the public concerned therewith, and have nominated Mr. Hart, Mr. Ramsey and Mr. Lanier to act with the Commissioners by you appointed for that purpose. We also concur

-------------------- page 151 --------------------
with your resolve impowering Mr. Rifle to hire out a negro in Pasquotank County the property of Thomas McKnight.

S. Ashe, S. S.

Received from the House of Commons a Bill for adding part of Anson County to Bladen County. Endorsed in the House of Commons 28 Nov., 1777, read the second time and passed.

Adjourned till to-morrow 9 o'clock.


Saturday, the 29 November, 1777.

Met according to adjournment.

General Jones moved for leave to bring in a Bill concerning titles to lands and for the limitation of actions. Ordered he have leave, the same being read, passed the first reading and ordered to be sent to the Commons by Genl. Jones and Mr. Hunt.

Ordered the Bill to amend the staple of tobacco and prevent frauds, be read, read and amended passed the second reading. Ordered to be sent to the Commons by General Jones and Mr. Kenan.

Ordered the Bill for encouraging the settlement of the western parts of this State and other purposes therein mentioned be read, read and passed the second reading. Ordered to be sent to the Commons by Mr. Seawell and Mr. Alexander.

Ordered that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This house think it necessary that the General Assembly proceed to appoint a Judge of the Court of Admiralty for Port Roanoke instead of Joseph Blount Esquire and purpose of it be agreeable to the House of Commons to Ballot for a Judge of said port on Monday next at 9 o'clock.

Sam. Ashe, S. S.

Ordered the Bill for adding part of the County of Duplin to Johnston be read, read and passed the second reading. Ordered to be sent to the Commons by Mr. Seawell and Mr. Alexander.

Also that the Bill for securing lots in Elizabeth Town in Bladen County be read, read and passed the second reading, and Ordered to be sent to the House of Commons by Mr. Seawell and Mr. Alexander.

-------------------- page 152 --------------------

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This house have received and considered your Message and resolves, the one for ordering the Commissioner appointed to purchase arms &c to account with the next Assembly for the money advanced them for such service which this House concur with, the other for allowing the Commissaries one shilling and two pence for rations delivered the independent and militia companies not concurred with; this house think one shilling per ration a sufficient allowance.

A. Nash, S. C.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This house have received your Message relative to the allowance for rations and must beg the Honorable the House of Commons to reconsider the matter. This House having taken into consideration the present advanced price of provision are sensible that 1 shilling is hardly adequate to the trouble and expense, but are really fearful that no gentlemen will for the future undertake to find the troops which may necessarily be called into service even for that sum.

Sam Ashe, S. S.

Rec'd from the House of Commons the following message:

Mr. Speaker and Gentlemen of the Senate:

We herewith return you the Resolve of your House in favor of Mr. Robert Lanier, concurred with.

A. Nash, S. C.

Ordered the Bill for erecting part of the County of Surry and part of the District of Washington into a separate and distinct County by the name of Wilkes be read, read and passed the second reading and ordered to be sent to the Commons by Mr. Seawell and Mr. Alexander.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have received and considered your Message proposing

-------------------- page 153 --------------------
to ballot for a Judge of the Court of Admiralty for Port Roanoke on Monday next at 9 o'clock, and concur therewith.

A. Nash, S. C.

Adjourned 'til Monday 9 o'clock.


Monday, 1st December, 1777.

Met according to adjournment.

Rec'd from the House of Commons the Bill for establishing Courts of Law and Justice and for regulating the proceedings therein.

Endorsed in the House of Commons November 29, 1777. Read the second time and passed.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

Agreeable to your Message of Saturday last this House propose balloting immediately for a Judge of the Court of Admiralty for Port Roanoke and put in nomination John B. Beasly and have appointed Mr. Sam'l Jarvis on the part of this House to see the ballots fairly taken.

S. Ashe, S. S.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have resolved as their opinion that there is now no Law in force in this State for the regulation of trade, and consequently none that will warrant the seizure of any vessels, which are or may be seized by the Collector of any of the ports in this State.

We herewith send you the resolve above mentioned for your concurrence.

A. Nash, S. C.

Ordered the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House cannot agree to your resolve relative to the seizure of vessel as it now stands, but propose the following amendment be inserted after the word “trade,” to-wit: “Nor any Law or

-------------------- page 154 --------------------
resolve that will warrant the seizure of any vessel sailing from any one of the United States, to this State by any Naval officer within the same.

S. Ashe, S. S.

Received from the House of Commons a Bill to impower certain Commissioners therein named to erect fortifications for the defence of the River and Harbour of Cape Fear and to make sale of the armed vessels belonging to this State and for other purposes therein mentioned.

Endorsed in the Commons 1st of December, 1777. Read the first time and passed.

Also a Bill to amend to an Act for declaring what crimes and practices against the State shall be treason and what shall be misprision of treason and providing punishments adequate to crimes of both classes and for preventing the danger which may arise from porsons disaffected to the State.

Endorsed in the Commons 1st of December, 1777. Read the first time and passed.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have received and considered your Message proposing to Ballot immediately for a Judge of the Court of Admiralty for Port Roanoke, &c., and concur therewith.

This House put in nomination for a Judge of the Court of Admiralty for said port John Baptist Beasley, and have appointed Gen. Person on their part to see the balloting fairly conducted.

A. Nash, S. C.

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 furnishing the Commissary of the tenth Regiment with a quantity of salt.

A. Nash, S. C.

Ordered the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the Commons:

We herewith return the resolve of your House for furnishing the Commissary of the Tenth Regiment with a quantity of salt, concurred with by this House.

S. Ashe, S. S.
-------------------- page 155 --------------------

Mr. Saml. Jarvis, the manager appointed to see the ballots fairly taken for appointing a Judge of the Court of Admiralty, for port Roanoke, John Baptist Beasley Esq. was chosen for that office by a majority of votes of both Houses, which report was concurred with.

On motion resolved that the sum of fifty pounds be allowed to the Rev. Mr. Pettigrew for performing divine service in the church in Newbern on Friday the 28th of November at the request of the General Assembly and that the Treasurers or either of them pay the same into the hands of Mr. Saml. Jarvis for the above purpose.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House in favor of the Rev. Mr. Pettigrew.

S. Ashe, S. S.

Ordered the Bill to impower certain Commissioners therein named to erect fortifications for the defence of the river and Harbour of Cape Fear and to make sale of the Armed Vessel belonging to this State and for other purposes therein mentioned, be read, read and passed the first reading.

Ordered the Bill to amend an act for declaring what crimes and practices against the State shall be Treason and what shall be Misprision of Treason and providing punishments adequate to the crimes of both classes and for preventing the dangers which may arise from persons disaffected to this State be read the 1st of December, 1777, read the first time and passed.

On motion resolved that James Davis Esquire be appointed to revise the acts of Assembly of this State heretofore in force and that he have for that service the sum of five hundred pounds, that he amend them agreeable to our present constitution reciting the title of every act and the session of Assembly in which it was passed and if the act is expired, repeated obsolete or had its effects, to leave it out and by a note in the margin express it.

Where any act is still in force to recite the same under its proper head unless where there is any Section or Clause of it altered, repealed, amended or explained, in which case he shall leave such Section out and explain it by a note in the margin.

-------------------- page 156 --------------------

Where there are several acts of Assembly on the same subject as where they have been amended, explained, or further continued, to reduce them into one act.

Where any act is deficient in point of language to amend it without altering the substance. In all amendments and in the whole compilement to see that the laws in every respect correspond with our Constitution and lay a fair copy of the same before the next session of Gen'l Assembly.

Ordered that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the Commons:

We herewith send for your concurrence a Resolve of this House for allowing James Davis Esq. the sum of five hundred pounds to revise the acts of Assembly in this State.

S. Ashe, S. S.

Received from the House of Commons the following Message together with a Message from his Excellency the Governor:

Mr. Speaker and Gentlemen of the Senate:

This house have appointed Mr. Locke, Mr. Burke, Mr. Jones, Mr. Green Hill, Mr. Stone, Mr. Johnston, Mr. Bass, Mr. Hunter and Mr. Sevier to act with such Gentlemen as may be appointed by your house as a Committee to consider what price shall be allowed the Commissaries for Rations, a Message from his Excellency respecting the Commissaries &c. we herewith send you which we propose to refer to the same Committee.

A. Nash, S. C.

To the Honorable the General Assembly, Gentlemen:

I have in pursuance of your request, issued Orders to Col. Abraham Sheppard, to proceed with his Regiment and Artillery Company immediately on to the Northward to join Gen'l. Washington and have filled up Commissions for the Officers of the Artillery Company. I am informed that on the 1st of December there will be two months pay due to those Troops and that there is at least a probability of some inconveniences happening in case men are marched before they are paid off, therefore as the Regimental pay master is discharged, I submit to you the expediency of appointing another or directing the deputy pay master general in this State to attend and pay the arrears due the said Troops at

-------------------- page 157 --------------------
the time aforesaid. I beg leave to inform your Honorable Body that Mr. Thomas Williams Commissary to the aforesaid Regiment is waiting to have his public account settled and hope his business will be expedited as any delay in that particular may have a tendency to retard the march of said Troops. Mr. Williams at the time he accepted this appointment suggested that it would be impossible for him to furnish provisions to the Troops for the sum formerly allowed to Commissaries owing to the high price every article of provision had risen to, on which I assured him when he came to lay his accounts before the General Assembly, a reasonable allowance would be made him, I therefore take the liberty of recommending his case to your Honorable body as a singular one he not being before a Commissary or having purchased provisions previous to his appointment.

Richard Caswell.

On motion resolved the House will tomorrow resolve itself into a Committee of the whole to take into consideration the Bill for Establishing Courts of Justice in this State and to make the necessary amendments therein.

Adjourned till tomorrow 9 o'clock.

The House met according to adjournment.

Mr. Hunt from the Committee appointed to take into consideration what price shall be allowed the Commissaries for rations &c., reported as follows:

Mr. Hunt the committee appointed to take into consideration what should be allowed for rations to the commissary of the Tenth Regiment, and William Amis who acted as commissary to several detachments under the command of Colonel Williams.

Met accordingly and are of opinion that in the settlement of their accounts the Committee of Claims allow to Mr. Amis one shilling and four pence per ration from the twenty-first of April past, and that they allow Mr. Williams 1 shilling per ration, and that the Treasurer advance one thousand pounds to Mr. Williams to enable him to march the troops to the northward; they further report that they are of opinion that the Commissaries who have found the independent companies on the sea coast and the Militia companies that have been in service since the last Session of Assembly be allowed in their settlement with the public, one shilling and one

-------------------- page 158 --------------------
penny, per ration. The House taking the said report into consideration, concurred therewith.

M. Hunt,
Chairman.

Ordered the report be sent to the House of Commons with the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send the report of the Joint Committee to take into consideration what price shall be allowed the Commissaries per ration concurred with by this House.

S. Ashe, S. S.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House cannot adopt the alteration proposed by you as an amendment of this Message to your House relative to any seizure which have been or may hereafter be made of any vessels or cargoes under any supposed Act of Trade in force in this State but beg leave to propose that the following be declared as the sense of both houses.

That there is now no Law in force in this State that authorizes any collector or Naval Officer within the same to make seizure of any vessel or cargo whatsoever.

This House are desirous to adopt this mode of expression rather than that which is proposed by you as the latter declares the incapacity of the Naval Officers and collector in a particular case and may by some possible construction imply a right of seizure by collectors or Naval Officers in instances by you not specially described.

A. Nash, S. C.

Ordered that the above Message lie for consideration.

On motion resolved that Mr. James Miller of Tryon County be directed to detain in his possession an Indian boy taken prisoner from the Cherokees which he now has until the Commissioners who will be hereafter appointed by the General Assembly to treat with the Cherokee Indians shall otherwise direct.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have received and considered the Message, &c., of

-------------------- page 159 --------------------
yours in favor of the Rev. Mr. Pettigrew and cannot concur therewith.

A. Nash, S. C.

On motion resolved that the independent companies on the sea coasts, and the Militia companies on the Frontiers of this State be discharged, that those on the sea coast be discharged the 15 this instant, and that General Rutherford discharge those on the Frontiers of this State as soon as conveniently he can.

Ordered the above resolve with the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House for discharging the independent companies on the sea coast, and likewise for discharging the Militia companies stationed on the Frontiers of this State.

S. Ashe, S. S.

The order of the day being read for taking into consideration the Bill for Establishing Courts of Justice in this State, &c., and to make the necessary amendments therein, the House resolved itself into a Committee of the whole accordingly and chose Luke Sumner, Esq., Chairman and after some time spent therein came to several resolutions, then on motion Mr. Speaker resumed the chair and Mr. Chairman reported that the Committee had come to several resolutions thereon but not having time to reduce them to form desired leave to sit again tomorrow. Ordered that the said Committee have leave to sit again tomorrow.

Received from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House in favor of Mr. James Mills, also the account of Mr. Mills which induced this house to enter into such resolve.

A. Nash, S. C.

Received the resolve at the same time. Endorsed in the Senate Dec. 22, 1777. Read & Concurred with.

Ordered the following Message be sent to the Commons:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your house in favor of Mr. James Mills, concurred with by this house.

-------------------- page 160 --------------------

It appearing to this House to have an ill tendency that the Frontiers of this State should be left defenceless. Resolved, therefore that a Company of Rangers, consisting of one serjeant and five privates be raised and stationed in each of the Counties of Burke, Tryon and Washington, whose business it shall be from time to time to inform the Commanding Officer of the Militia within district of any movement of the Indians that may appear like an intended invasion of this State, the said Rangers to be kept and provided for by the State as long as it is thought necessary.

Ordered the above resolve together with the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House for keeping a guard in the Frontiers of this State.

S. Ashe, S. S.

Adjourned till tomorrow 9 o'clock.


Wednesday, 3rd December, 1777.

The House met according to adjournment.

The Sheriff of Onslow having certified that Jno. Spier, Esqr., was duly elected a Senator by the freeholders of said County, to represent them in General Assembly he appeared, was qualified and took his seat.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a Resolve of this House recommending to the Deputy Pay-master General in this State to attend and pay the arrears due the Officers and men of the tenth Regiment.

A. Nash,

Rec'd the resolve at the same time and Concurred with it.

Endorsed in the Senate, 3rd December 1777.

Ordered the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have received your Message proposed. The arrears due to the tenth Regiment to be paid by the Deputy Paymaster General of this State and concur therewith.

S. Ashe, S. S.
-------------------- page 161 --------------------

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This house have received the report of the Joint Committee relative to the price of rations &c and concur therewith.

A. Nash, S. C.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a Resolve of this House relative to the Iron Works in Chatham County and which this House recommended instead of the one entered into by you relative to the said Iron Works.

A. Nash, S. C.

Received at the same time the Resolve above referred to and concurred with, endorsed in the Senate 3rd December 1777.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence the report of the Committee of claims, to whom was referred the Petition of Col. William Graham concurred with by this House.

A. Nash, S. C.

Reports of the Committee of claims. The petition of Colonel William Graham being referred to this Committee by the General Assembly and the claims of the said Colonel William Graham on behalf of the brigade under his command which were allowed at Congress in Halifax being re-examined by your Committee, report as follows viz: that it appears to your Committee that the said Colonel William Graham hath in every respect conducted himself with integrity and honor, and that the money received by him for the Officers and men in said brigade has been punctually paid to the proper Officers as by receipts and vouchers produced to this Committee, and that the said Colonel William Graham hath manifestly made it appear that by the certificates of the Pay Master General, the sum of four pounds, sixteen shillings, hath been over charged the public in that service and that the said William Graham has detained that sum in his hands for the use of this State.

Resolved therefore as the opinion of your Committee that the said Colonel William Graham be directed to pay the said sum of £4, 16s into the public Treasury and take a discharge for the same and

-------------------- page 162 --------------------
that for such his conduct he is justly intitled to the approbation of the public which is submitted.

Griffith Rutherford.

The House taking the said report into consideration, concurred with the same.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the resolve of your House for discharging the Independant Companies and the Militia Companies stationed on the frontiers of this State. Concurred with.

A. Nash, S. C.

Ordered the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the resolve of your House in favor of Mr. John Wilcox concurred with by this House.

S. Ashe, S. S.

Received from the House of Commons the following Bills, to-wit:

The Bill for adding part of Brunswick County to Bladen and part of Bladen and New Hanover to Brunswick County. Endorsed in the House of Commons 3 Dec., 1777, read the first time and passed.

The Bill to encourage the building of Public Mills and directing the duty of Millers. Endorsed in the House of Commons Dec. 2, 1777, read the first time and passed.

The Bill for encouraging the settlement of the Western part of this State and other purposes therein mentioned. Endorsed in the Commons 2 December, 1777, read the second time and passed.

The Bill for impowering certain Commissioners therein mentioned to sell the Glebe House and Land in Tyrrell County. Endorsed in the Commons 2nd, Dec. 1777, read the first time and passed.

The Bill to enforce the attendance of the Members of the Assembly. Endorsed in the House of Commons 2d December, 1777, read the first time and passed.

The Bill for levying an additional tax. Endorsed in the Commons Dec. 2nd, 1777, read the first time and passed.

The Bill to prevent burning the woods at unseasonable times of

-------------------- page 163 --------------------
the year in the several Counties therein mentioned. Endorsed in the Commons the 2nd Dec., 1777, read the first time and passed.

The Bill to prevent abuses in taking up stray horses, cattle, hogs and sheep and other things therein mentioned. Endorsed in the House of Commons Dec. 2d, 1777, read the second time and passed.

On motion resolved that Mr. John Humphreys be directed to sell all the boats belonging to the public, purchased for the use of the Independent Company stationed at Currituck Inlet and that he account with the public for the same, also that he take into his possession all the guns in possession of the said Company belonging to the public and keep them till otherwise directed.

Ordered the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a Resolve of this House directing Mr. John Humphreys to sell the boats belonging to the public purchased for the use of the Independent Company stationed at Currituck.

S. Ashe, S. S.

Mr. Benjamin Seawell informed this House that he had sold at public sale a number of guns amounting to £14, 3s. as per acct. rendered which guns were left in his possession by the Militia who went under his command to Cape Fear.

Resolved therefore that Mr. Seawell pay the aforesaid sum of fourteen pounds, three shillings into the public Treasury.

The order of the day being read for taking into further consideration the Bill for establishing Courts of Justice in this State and to make the necessary amendments therein, the House resolved itself into a Committee of the Whole & Luke Sumner Esquire in the Chair, after some time spent therein came to several resolutions, then on motion Mr. Speaker resumed the Chair and Mr. Chairman reported that the Committee had come to several resolutions therein, but not having time to reduce them to form desired leave to sit again tomorrow, Ordered the said Committee have leave to sit again to-morrow.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House

-------------------- page 164 --------------------
in favor of John Kennedy together with the deposition of said Kennedy.

A. Nash, S. C.

Rec'd at the same time the resolve above referred to. Endorsed in the Senate 3rd Dec., 1777.

Read & 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 the resolve of your House for allowing John Kennedy the sum of nine pounds per services rendered the public.

S. Ashe, S. S.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a Resolve of this House in favor Baalam Thompson together with the petition of said Thompson.

A. Nash, S. C.

Received at the same time the resolve and petition. Concurred with the same.

Ordered the following Message be Sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the resolve of your House in favor of Baalam Thompson. Concurred with by this House.

S. Ashe, S. S.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House of the twenty-fourth of November last recommending to the Committee of Claims to allow the Adjutant of the several Counties in this State a certain sum therein mentioned per day when on actual service.

A Nash, S. C.

Ordered the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the resolve of your House directing the

-------------------- page 165 --------------------
Committee of Claims to allow the Adjutants of the several Counties in this State the sum of 7s, 6d per day with which this House cannot concur.

Sam Ashe, S. S.

Ordered the following Bills be read:

Ordered the Bill for levying an additional tax be read, read and passed the first reading. Ordered to be sent to the Commons by Mr. Gorrell and Mr. McDowell.

The Bill to encourage the building of Public Mills and directing the duty of Millers, be read, read and passed the first reading.

Sent to the House of Commons by Mr. Gorrell and Mr. McDowell. The Bill to enforce the attendance of the members of Assembly, be read, read the first time and passed. Sent to the Commons by Mr. Gorrell and Mr. McDowell.

The Bill for impowering certain Commissioners therein mentioned to sell the Glebe House and Tyrrell County, be read, read and passed the first reading. Sent to the Commons by Mr. Gorrell and Mr. McDowell.

The Bill for encouraging the settlement of the Western part of this State and other purposes therein mentioned be read, read and passed the third time. Sent to the Commons by Mr. Gorrell and Mr. McDowell.

The Bill for adding part of Brunswick County to Bladen and part of Bladen and New Hanover to Brunswick County be read, read and passed the first reading. Sent to the Commons by Mr. Gorrell and Mr. McDowall.

The Bill for to prevent burning the woods at unseasonable times of the year in the several Counties therein mentioned be read, read the first time and passed. Sent to the Commons by Mr. Gorrell and Mr. McDowell.

The Bill to prevent abuses in taking up stray horses, cattle, hogs and sheep and other things therein mentioned, be read, read the second time and passed. Sent to the Commons by Mr. Gorrell and Mr. McDowell.

Adjourned till tomorrow 9 o'clock.

-------------------- page 166 --------------------


Thursday 4 Dec. 1777.

The House met according to adjournment.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

In a former message from this House to yours requesting you would send some of your members to see the amendment made in the Bill for dividing Edgecombe County, and as these amendments have not yet been made we now request that you send some of your members to see them made and the following one to wit in the first page in 11th line “to the falls of Tar River” instead of “the mouth of Stony Creek.”

S. Ashe, S. S.

Mr. Russell moved for leave to bring in a Bill for the better regulation and ease of the Militia in the lower inhabitants of Hyde County.

Ordered he have leave. The same being read, passed the first reading.

Ordered to be sent to the Commons by Mr. Russell and Mr. Battle.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House understanding that the report made by the Joint Committee appointed to take into consideration the conduct of two of the Magistrates of Craven County (on complaint of Mr. Tomlinson exhibited in the Senate) is not concurred with by your House, are of opinion that the report notwithstanding the non concurrence of your House ought to have been sent up to this in order that this House might have an opportunity of determining thereon.

S. Ashe, S. S.

Whereas it appears to this House that Robert Rowan and Philip Alston two of the Commissioners appointed to purchase such lands as might be necessary for the Iron Works to carry the resolves of the Congress at Halifax with respect to the said Works into execution had purchased among other things an old saw mill and the seat thereof adjoining to the Bloomery from John Montgomery

-------------------- page 167 --------------------
in order that the same might be rebuilt to provide lumber for the houses directed by Congress for the founding business, and it appearing further that the Commissioners were fully impowered to make any purchases which they might think beneficial to the founding business.

Resolved that the Treasurers or either of them pay to the said John Montgomery, the sum of one hundred pounds being the sum for which the said Saw Mill and its appurtenances were purchased.

Ordered the above resolve together with the following Message be sent to the House of Commons:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House directing the Treasurers or either of them to pay to Mr. Jno. Montgomery a certain sum therein mentioned.

S. Ashe, S. S.

Mr. Jonas Johnston and Mr. Nathan Boddie, two of the Members from the House of Commons, came to this House to see the amendments made in the Bill for dividing Edgecombe, the amendments being made. Ordered the said Bill be engrossed.

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

The Bill concerning titles to land and for the limitation of actions. Endorsed in the House of Commons 1st December, 1777, read the first time and passed.

The Bill for the regulation of the town of Edenton. Endorsed in the Commons 3rd December, 1777, read the second time and passed.

The Bill for securing lots in Elizabeth Town in Bladen County. Endorsed in the Commons 3rd Dec., 1777, read the third time and passed.

The Bill for erecting a prison in the town of Edenton. Endorsed in the Commons 3rd December, 1777, read the third time and passed.

The Bill for adding part of the County of Duplin to Johnston, read the second time and passed. Endorsed in the Commons, the 3rd Dec., 1777.

The Bill for adding part of Brunswick County to Bladen and part of Bladen and New Hanover to Brunswick County. Endorsed

-------------------- page 168 --------------------
in the Commons the 4th Dec., 1777, read the second time and passed.

The Bill for establishing fairs in the town of Wilmington, New Hanover County. Endorsed in the House of Commons December 1st, read the first time and passed.

The Bill declaring what fences are sufficient and to provide a remedy for abuses. Endorsed in the House of Commons 3rd December, 1777, read the first time & passed.

The Bill for ascertaining the method to be pursued in taking up and granting land in this State and for ascertaining the duty of the Surveyor General, County Surveyors, Entry takers and other officers and persons who may be concerned therein. Endorsed in the House of Commons 1st Dec., 1777, read the first time and passed.

The Bill to amend the staple of tobacco and prevent fraud. Endorsed in the Commons 1st Dec., read the second time and passed.

The Bill to amend an act for declaring what crimes and practices against the State shall be Treason and what shall be Misprision of Treason and providing punishment adequate to crime of both classes and for preventing the dangers which may arise from persons disaffected to this State. Endorsed in the Commons 3rd Dec., 1777, read the second time and passed.

For taking into consideration the Bill for establishing Courts of Law and Justice in this State and regulating the proceedings therein, the House resolved itself into a committee of the whole, Luke Sumner, Esq., in the chair and after some time spent therein on motion Mr. Speaker resumed the chair, &c.

Mr. Chairman reported the several amendments of the committee, part of which being read, were approved of, then on motion ordered that the Bill with the other amendments of the committee lie 'till Monday next.

Ordered the following Bill be read:

The Bill to amend the staple of tobacco and prevent frauds, be read, read the second and third time and passed. Ordered to be sent to the Commons by Mr. Lanier and Mr. Jarvis.

The Bill to ascertain the method to be pursued in taking up and granting lands in this State and for ascertaining the duty of the Surveyor General, County Surveyors and Entry Takers and other

-------------------- page 169 --------------------
officers and persons who may be concerned therein, be read, read and passed the first reading. Ordered to be sent to the House of Commons by Mr. Lanier and Mr. Jarvis.

The Bill for erecting a prison in the Town of Edenton be read, read and ordered to be amended. Amended, and passed the third reading in both Houses. Ordered to be engrossed.

The Bill for securing lots in Elizabeth Town in Bladen Couaty, be read, read & passed the third time. Ordered to be engrossed.

The Bill for adding part of the County of Duplin to Johnston be read, read the second time and passed. Sent to the Commons by Mr. Lanier and Mr. Jarvis.


Friday, 5th December, 1777.

The House met according to adjournment.

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

Mr. Speaker & Gentlemen of the House of Commons:

On reading the Bill for erecting a prison in the Town of Edenton the third time, we propose that Charles Bonfield, Esquire, be appointed one of the Commissioners instead of Thos. Bonfield, Esq., if your House approve of the alteration you'll please to send some of your members to see it done.

S. Ashe, S. S.

On motion resolved that Mr. Hunt and Mr. Coor be a committee to act jointly with a committee from the House of Commons to re-examine the accounts of John Davidson, passed at Halifax Congress last.

Ordered that the above resolve with the following Message be sent to the House of Commons:

Mr. Speaker and Gentlemen of the House of Commons:

This House have appointed Mr. Hunt and Mr. Coor a committee to act jointly with a committee from your House to re-examine the accounts of John Davidson, passed at the last Halifax Congress.

The Sheriff of Wake County having certified that Mr. Michael Rogers was duly elected to represent the said County in Senate on which he appeared was qualified and took his seat accordingly.

-------------------- page 170 --------------------

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have received and considered the Message and resolve of yours for keeping up a guard in the Frontier Counties of this State, and have appointed Mr. Burke, Mr. Maclaine and Mr. Locke a committee on their part to act jointly with such gentlemen of your House as you think proper to appoint to take into consideration the expediency thereof.

A. Nash, S. C.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker and Gentlemen of the House of Commons:

Yours message appointing a committee to act in conjunction with a committee to be appointed by this House to consider the expediency of keeping a guard in the frontier of this State we have received and have appointed Mr. Lanier, Mr. Carter and Mr. McDowell to act with the gentlemen by you appointed for the above mentioned purpose.

S. Ashe S. S.

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

The Bill for letting fish pass up County line creek in Caswell County, endorsed in the House of Commons December 4, read the first time and passed.

The Bill to make sale of the armed vessels of this State and to apply the monies arising therefrom to the defence of the sea coast. Endorsed in the Commons the 4th December 1777 read the first time and passed.

The Bill to encourage the building of public mills and directing the duty of millers. Endorsed in the House of Commons 4th Dec. 1777, read the second time and passed.

The Bill for erecting part of the county of Surry and part of the district of Washington into a separate and distinct County by the name of Wilkes. Endorsed in the Commons 4th Dec. 1777, read the 3rd time and passed.

The Bill to prevent hunting for and killing deer in the manner therein mentioned. Endorsed in the House of Common 4 December 1777, read the first time and passed.

The Bill for the better regulation and ease of the militia in the lower end of Hyde County.

-------------------- page 171 --------------------

Endorsed in the Commons 4 December 1777. Read the first time and passed.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return you the Resolve of your House directing James Miller of Tryon County to keep in his possession a certain Indian boy, taken from the Cherokees. Concurred with by this House.

A. Nash, S. C.

Received from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House, impowering Mr. John Humphries to sell the boats &c belonging to the public which have been in possessions of the independent companies also to take into his possession the guns &c belonging thereto. Concurred with by this House.

A. Nash, S. C.

Rec'd from House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We propose if agreeable to your House to express the sense of the General Assembly on the subject of Mr. Cornell and Mr. London's letter addressed to his Excellency in the manner contained in the Resolve herewith sent for your concurrence.

A. Nash, S. C.

Rec'd the resolve and concurred with in the Senate 5th Dec. 1777.

Ordered the following Message be sent to the Commons:

Mr. Speaker and Gentlemen of the House of Commons:

This House have rec'd your Message relative to Sam'l Cornell and Mr. London and concurred therewith.

S. Ashe, S. S.

On motion resolved that William Rigney Murphy be appointed Door-keeper during this session in the room of William Saul.

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 Mr. Henry Toomer to furnish Col. White's Regiment

-------------------- page 172 --------------------
with provisions during their march through this State together with sundry papers from his Excellency which induced us to enter into the measure. Also desiring the Commissary of Stores to furnish the said Regiment with some articles of clothing.

A. Nash, S. C.

Rec'd at the same time the resolve.

Endorsed in the Senate 5 Dec., 1777, read and concurred with.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have received your Message und resolve, impowering Henry Toomer to furnish Colo. White's Battalion with provisions, also impowering Mr. Craike to furnish them with clothing &c, with which this House concur.

Sam Ashe, S. S.

Mr. Gorrell moved for leave to bring in a Bill to impower the Inferior Courts for the Counties of Tryon and Guilford to lay a tax by assessment for furnishing the Court house, prison and stocks and other purposes, ordered he have leave, on which he presented the said Bill which was read and passed the first reading. Sent to the Commons by Mr. Salter and Mr. Sanders.

Ordered the Bill for declaring what fences are sufficient and to provide a remedy for abuses &c, be read, read and passed the first time. Sent to the Commons by Mr. Salter and Mr. Sanders.

The Bill to prevent hunting for and killing deer in the manner therein mentioned, read and passed the first reading. Sent to the Commons by Mr. Salter and Mr. Sanders.

The Bill for the better regulation and ease of the Militia in the lower end of Hyde County, read and passed the second time and passed. Sent to the Commons by Mr. Salter and Mr. Sanders.

The Bill to encourage the building of Public Mills and directing the duty of Millers, read the second time and passed. Sent to the Commons by Mr. Salter and Mr. Sanders.

Ordered the Bill for erecting part of the County of Surry and part of the District of Washington into a separate and distinct County by the name of Wilkes, be read on Tuesday next.

The Bill for adding part of Brunswick County to Bladen and part of Bladen and New Hanover to Brunswick County, be read,

-------------------- page 173 --------------------
amended and passed the second time. Sent to the Commons by Mr. Salter and Mr. Sanders.

The Bill to make sale of the Armed Vessels of this State and to apply the monies arising therefrom to the defence of the Sea Coast, read the first time and passed. Sent to the Commons by Mr. Salter and Mr. Sanders.

The Bill for establishing fairs in the Town of Wilmington, New Hanover County. Read and passed the first reading. Sent to the Congress by Mr. Salter and Mr. Sanders.

The Bill to amend to an Act for declaring what crimes and practices against the State shall be treason, and what shall misprision of treason and providing punishment adequate to crimes of both classes, read, ordered to lie 'till Monday next.

The Bill for the regulation of the Town of Edenton. Read and passed the second reading. Sent to the Commons by Mr. Salter and Mr. Sanders.

The Bill for letting fish pass up County Line Creek in Caswell County read the first time and passed. Sent to the Commons by Mr. Salter and Mr. Sanders.

Read the petition of Lewis Averitt shewing that he was inlisted by an officer of Capt. McRee's Company into the Continental service for the term of six months with which enlistment he complied but at the expiration of that time failed to get a discharge and is on that account liable to be taken up as a deserter.

The above being corroborated by the testimony of an indifferent person.

Resolved that it is the opinion of this House that the said Averitt be discharged from any future service of a soldier which his said enlistment might tend to subject him to.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the Commons:

We herewith send for your concurrence a resolve of this House in favor of Lewis Averitt.

S. Ashe, S. S.

Rec'd from the House of Commons the following Message and Resolve together with a Message from His Excellency:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House

-------------------- page 174 --------------------
respecting the application of Sam Cornell and John London to his Excellency, and also a letter from his Excellency to the General Assembly.

Should your House concur therewith we hope you will draw up a Message to the Governor relative thereto and send it by two of your members.

A. Nash, S. C.

Received at the same time the resolve of the Commons.

Endorsed in the Commons Dec. 5th, 1777. Concurred with.

To the Honorable the General Assembly:

Gentlemen:

In consequence of your Resolve of this day respec:ing Sam Cornell and Jno. London I sent Maj. Jno. Tillman on board the brigantine Edwards with a letter addressed to the said Samuel Cornell and Jno. London of which I send you a copy. Major Tillman is returned and informs that he delivered the letter as directed, that they produced a paper dated at New York with the names of General Clinton and Commodore Hotham subscribed thereto permitting the said Samuel Cornell and Jno London to pass to North Carolina, settle their affairs there and return with their property, effects and requiring all officers civil and military to take notice thereof.

As this information by no means answers the expectation I had of these gentlemen coming with a flag of Truce as I was led to believe from their letter to me which you have had before you. I request you will be pleased to take the matter into consideration and advise the necessary means to be pursued with the said Samuel Cornell and Jno. London and the vessel in which they came, which is now in this harbour as it plainly appears from their own shewing they consider themselves subjects of the king of Great Britain.

R. Caswell.

Ordered the following Message be addressed to His Excellency the Governor:

In the General Assembly:

Sir,

Your Excellency will receive herewith a resolve of the General Assembly purporting that the persons of Sam'l Cornell and Jno. London be seized as prisoners of War and their property as prize

-------------------- page 175 --------------------
having come into this State without the requisites required to be observed by the Law of Nations, between States and Countries, at war with each other. The General Assembly therefore recommend it to your Assembly to seize as secretly and as speedily as possible not only the persons and property of the said Sam'l Cornell and John London but also the ship and vessel in which they arrived together with her tackle, apparel and furniture and all the goods, wares, merchandize and persons found therein and to be particularly careful to search for and seize all the papers, letters and witnesses which may be on board the vessel or in the possession of any person therein.

S. Ashe, S. S.

Rec'd from the House of Commons a Message from His Excellency, together with sundry other papers, from the Congress, &c.

Ordered the same to lie.

Bills sent by Mr. Rogers & Mr. Love.

Adjourned 'til 9 o'clock to-morrow


Saturday 6 Dec., 1777.

The House met according to adjournment.

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

The Bill to establish a Court of Chancery and to regulate the mode of proceeding therein.

Endorsed in the House of Commons Dec. 5, 1777.

Read the first time and passed.

The Bill for altering the name of Jno. Gilliard to the name of Jno. Ister.

Endorsed in the House of Commons 5 Dec., 1777, the first time and passed.

Also the Bill for laying a tax to defray the expense of the public buildings in the County of Burke, and other purposes therein mentioned.

Endorsed the 5th Dec., 1777. Read the 1st time and passed.

General Rutherford moved for leave to present the Bill for vesting in this State, the estates of certain persons therein mentioned, ordered he have leave to present the same which being read passed the first reading. Sent to the House of Commons by Mr. Salter and Mr. Sanders.

-------------------- page 176 --------------------

Ordered the Bill for making provisions for the poor and for other purposes, be read, read and passed the first reading.

Ordered to be sent to the House of Commons by Mr. Salter and Mr. Sanders.

Received from the House of Commons the following message:

Mr. Speaker and Gentlemen of the Senate:

This House have received and considered the Message of yours appointing a committee to act jointly with such gentlemen of this House as should be appointed to re-examine the accounts of John Davidson and have appointed Mr. Locke, General Person and Mr. Atkinson on their part with above mentioned purposes.

A. Nash, S. C.

The Bill concerning titles to land and for the settlement of actions be read, read and passed the second time. Ordered to be sent to the Commons by Mr. Salter and Mr. Sanders.

Also the Bill for allowing the name of Jno. Gilliard to the name of John Ister, read the first time and passed. Sent to the Commons by Mr. Salter and Mr. Sanders.

Mr. Maclaine moved for leave to present to the House a Bill for establishing a loan office in this State, also a Bill for establishing the salaries of the Justices of the Superior Courts and of the Attorney General. Ordered he have leave, the same being read passed the first reading. Ordered to be sent to the Commons by Mr. Salter and Mr. Sanders.

Mr. Coor moved for leave to bring in a Bill for levying a tax for defraying the contingencies of the several Counties in this State and other purposes. Ordered he have leave on which he produced the said Bill which being read passed the first time. Sent to the Commons by Mr. Salter and Mr. Sanders.

Ordered the Bill to establish a Court of Chancery and regulate the mode of proceeding therein, be read, read and passed the first reading. Ordered to be sent to the Commons by Mr. Salter and Mr. Sanders.

Also the Bill for laying a tax to defray the expense of the public buildings in the County of Burke and other purposes therein mentioned, be read, read and passed the first reading, and sent to the Commons by Mr. Salter and Mr. Sanders. Saturday December 6 1777.

-------------------- page 177 --------------------

Ordered the Bill to regulate the pilotage of Cape Fear and Ocracock Bars, and the rivers leading from there to Brunswick, Wilmington, New Bern, Bath and Edenton be read, read and passed the first reading. Ordered to be sent to the House of Commons by Mr. Salter and Mr. Sanders.

General Rutherford moved for leave to bring in a Bill for building a Court House in the Town of Salisbury for the district of Salisbury. Ordered he have leave accordingly, the same being read passed the first reading. Ordered to be sent to the House of Cemmons by Mr. Salter and Mr. Sanders.

Mr. Salter moved for leave to bring in a Bill for regulating the duty of Officers, Seamen and Mariners in the Merchants Service, Ordered he have leave accordingly, the same being read, passed the first reading. Sent by Mr. Salter and Mr. Sanders.

Mr. Seawell moved for leave to present a Bill for fixing the seat of Government in this State and for appointing and impowering Commissioners for purchasing lots of land where to erect the public buildings necessary for that purpose.

Ordered he have leave, the same being read, passed the first reading. Ordered to be sent to the Commons by Mr.

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

The Bill to ratify and confirm an act intitled an act for the regulation of the town of Wilmington. Also to revise an act to amend an act intitled an act for the regulation of the town of Wilmington.


Saturday, 6 December, 1777.

On motion resolved that Mr. John Easton of Carteret County do take and keep in his possession until directed all guns, ammunitions and other arms belonging to the public now in the hands or possession of the Officers and Soldiers of the Independent Companies lately stationed at Ocracock and Beaufort Inlets and that he sell all the public boats, lately in possession of the said Companies and account for the same with the public, and resolved also that Mr. John Hollingsworth of New Hanover County do sell the public boats lately in the use of the Independent

-------------------- page 178 --------------------
Company at Deep Inlet and account for the same with the next General Assembly.

Ordered the above resolve together with the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House for impowering certain Commissioners therein mentioned to dispose of the guns, boats, &c, belonging to the public in possession of the Independent Companies, stationed at Ocracock, Beaufort and Deep Inlet.

S. Ashe, S. S,

Mr. Gorrell moved for leave to take out the Bill to impower the Inferior Courts for the Counties of Tryon and Guilford to lay a tax by assessment for finishing the Court House, prison and stocks and other purposes therein mentioned, to amend it. Ordered he have leave.

Ordered the following Bills to be read, to-wit:

The Bill to ratify and confirm an act intitled an act for the regulation of the town of Wilmington, also to revise an act intitled an act to amend an act intitled an act for the regulation of the town of Wilmington, read the first time and passed. Sent to the Commons by Mr. Robeson and Mr. Spicer.

The Bill for letting fish pass up County Line Creek in Caswell County, read the second time and passed.

The Bill for the better regulation and ease of the Militia in the lower end of Hyde County, read the third time and passed. Sent to the Commons by Mr. Robeson and Mr. Spicer.

The Bill for declaring what fences are sufficient and to provide a remedy for abuses, &c, read the second time and passed. Sent to the House of Commons by Mr. Robeson and Mr. Spicer.

The Bill for establishing fairs in the town of Wilmington in New Hanover, read the second time and passed. Sent to the Commons by Mr. Robeson and Mr. Spicer.

The Bill for impowering certain Commissioners therein mentioned to sell the Glebe house and land in Tyrrel County, read the second time and passed. Sent to the House of Commons by Mr. Robeson and Mr. Spicer.

Mr. Seawell moved for leave to take out the Bill for fixing the seat of Government in this State and for appointing and impowering

-------------------- page 179 --------------------
commissioners for the purchasing lots of land whereon to erect the public buildings necessary for that purpose, to amend it. Ordered he have leave.

Mr. Sanders moved for leave to take out the Bill for letting fish pass up County line Creek in Caswell County, to amend it. Ordered he have leave.

Ordered the Bill to impower the Court of Admiralty of this State to have jurisdiction in all cases of capture of the ships and other vessels of the inhabitants and subjects of Great Britain, to establish the trials by jury in the said court in cases of capture and for the other purposes therein mentioned be read, read and passed the first reading. Sent to the Commons by Mr. Robeson and Mr. Spicer.

General Rutherford moved for leave to present a bill to encourage the destroying of vermin in the several counties therein mentioned. Ordered he have leave, the same being read, passed the first time. Ordered to be sent to the House of Commons by Mr.——.

Ordered that Mr. Robert Salter have leave of absence till Wednesday next.

Mr. Maclaine moved for leave to bring in the following Bills, to-wit:

The Bill for preventing oppressions, Illegal imprisonments and for better securing the liberties of the prisoners of this State.

Also a Bill for appointing Naval Officers in this State and for directing their duty in office.

Also a Bill for ascertaining the oath of allegiance and adjuration.

A Bill to enforce the Statute Laws, &c.

A Bill for regulating trials in cases of High Treason, Petit Treason, Misprision of Treason, Murder, Felony and other capital offenses.

A Bill for impowering Commissioners to build a prison and stocks in the County of Duplin.

A Bill to enable the householders in the Counties therein mentioned to vote for Senators to represent them in the General Assembly. Ordered he have leave on which he presented the said Bills which was delivered to the Clerk.

Mr. Sanders moved for leave to bring in a bill intitled an act to

-------------------- page 180 --------------------
amend so much of an act passed the last session of this Assembly intitled an act 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. Ordered he have leave on which he presented the said Bill.

Mr. Jarvis moved for leave to bring in a bill for facilitating the navigation of Port Currituck. Ordered he have leave on which he presented the said Bill.

Mr. Alexander moved for leave to bring in a bill to prevent the distillation of wheat and corn for the purpose of making a spirit therefrom, commonly called whiskey. Ordered he have leave on which he presented the said Bill.

General Rutherford moved for leave to bring in a bill to amend an act intitled an act to establish a Militia in this State. Also a bill to regulate and ascertain the prices of Clerks of the Pleas in the Supreme and County Courts; Justices of the Peace, &c., Attorneys in this State and directing the method of paying the same. Ordered he have leave on which he presented the said Bill.

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

A bill for amending an act intitled an act for levying a tax by assessments and other purposes, passed the last session of this Assembly. Endorsed in the House of Commons, 6th Dec. 1777, read the first time and passed.

A bill for the better regulation of the Town of Edenton. Endorsed in the Commons Dec. 6, 1777, read the third time and passed.

The Bill for appointing Commissioners to lay off and mark a road from the Court House in the County of Washington, through the mountains into the County of Burke. Endorsed in the House of Commons 6th Dec., 1777, read the first time and passed.

The bill for the ease and convenience of the Militia on the West Side of Newport in Carteret County. Endorsed in the House of Commons the 6 Dec., 1777, read the first time and passed.

The bill to enable the Governor to send an aid from the Militia to oppose the enemies of the United States if the same shall be required by Congress. Endorsed in the House of Commons 6 Dec., 1777, read the first time and passed.

The bill to encourage the building of public mills and directing the duty of millers. Endorsed in the House of Commons 6 Dec., 1777, read the third time and passed.

-------------------- page 181 --------------------

Ordered the bill for amending an act intitled an act for levying a tax by assessment and other purposes passed the last session of this Assembly be read, read and passed the first reading. Ordered to be sent to the House of Commons by Mr. Gorrell and Mr. Russell.

Adjourned till Monday 9 o'clock.


Monday, December 8, 1777.

The House met according to adjournment.

Ordered the following bills be read:

The bill for impowering Commissioners to build a prison and stocks in the County of Duplin, read the first time and passed. Ordered to be sent to the House of Commons. Sent by Mr. Gorrell and Mr. Russell.

The Bill to enable the Governor to send an aid for the Militia to oppose the enemies of the United States if the same shall be requested by Congress, read the first time and passed.

Ordered to be sent to the House of Commons, sent by Mr. Gorrell and Mr. Russell.

The Bill for the ease and convenience of the Militia on the west side of Newport in Carteret County read the first time and passed.

Ordered to be sent to the House of Commons.

Sent by Mr. Gorrell & Mr. Russell.

Ordered that General Rutherford have leave to take out the Bill to amend an Act for declaring what crimes and practices against the State shall be treason and what shall be misprision of treason and providing punishments adequate to crimes of both classes and for preventing the dangers which may arise from persons disaffected to this State, to amend it.

On motion resolved that Gen. Rutherford and Mr. Coor be appointed to act with gentlemen to be appointed by the Honse of Commons to examine and take into their possession all the letters that was brought into this State by Mr. Caswell and that they deliver the same to proper persons, to be forwarded to the respective people they are for.

Ordered the above Resolve together with the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have appointed General Rutherford and Mr. Coor to

-------------------- page 182 --------------------
act with gentlemen to be appointed by your House to examine and take into their possession the letters brought into this State by Mr. Cornell and that those gentlemen are requested to deliver the letters they may find to proper persons to be forwarded to the respective people they are for.

S. Ashe, S. S.

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

The Bill for adding part of Brunswick County to Bladen and part of Bladen to Brunswick County.

Endorsed in the House of Commons 6 Dec., 1777. Read the third time and passed.

The Bill for establishing the salaries of the Justices of the Supreme Courts and of the Attorney General.

Endorsed in the Commons 6 Dec., 1777. Read the first time and passed.

Rec'd from the Honse of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House in favour of Lewis Averitt, concurred with by this.

A. Nash, S. C.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentleman of the Senate:

We herewith send for your concurrence the report of the committee of accounts in favor of Nicholas Long, Esq., Deputy Quarter-Master General of this State, also a resolve of this House directing the Treasurers or either of them to pay him a certain sum therein mentioned agreeable to the said report.

A. Nash, S. C.

Received the resolve at the same time.

Endorsed in the Senate 8 Dec., 1777.

Read & concurred with.

S. Ashe, S. S.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have received your Message and resolve in favor of Col. Nicholas Long and concur therewith.

S. Ashe, S. S.
-------------------- page 183 --------------------

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence the report of the committee of accounts in favor of Mr. Thomas Williams also a resolve of this House directing the Treasurers or either of them to pay him a certain sum therein mentioned.

A. Nash, S. C.

Agreeable to the said report received at the same time the resolve.

Endorsed in the Senate 8 Dec., 1777. Read and concurred with.

S. Ashe.

Ordered the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have received your Message & resolve in favor of Mr. Thomas Williams, with which this House concur.

S. Ashe, S. S.

Rec'd from the House of Commons the following Message:

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 Nicholas Long, Esq., Deputy Paymaster General in this State a certain sum therein mentioned.

A. Nash, S. C.

Rec'd the same time the resolve.

Endorsed in the Senate Dec. 8, 1777.

Read and concurred with.

S. Ashe.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the resolve of your House dierecting the Treasurers or either of them to advance to the deputy quarter Master General of this State a certain sum therein mentioned.

Concurred with by the House.

S. Ashe, S. S.

On Motion, Resolved that Mr. Seawell, Mr. Robert Goodloe and Mr. Daniel Sledge be appointed Commissioners to examine and

-------------------- page 184 --------------------
receive the guns manufactured by James Ransom Esq., one of the Commissioners appointed for maufacturing guns for the use of the public at Halifax Congress 1776 and that they make report under their hands and seals to the next General Assembly and also that the said Mr. Ransom be desired to attend at the same place in order to settle and account with the public for the money by him received for the purpose aforesaid.

S. Ashe, S. S.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a Resolve of this House for appointing Commissioners to receive the guns belonging to the public from James Ransom Esq.

Sam Ashe, S. S.

On motion resolved that a new certificate be granted to Mr. Nathan Williams for the sum of ninety-three pounds thirteen shillings and eight pence being for a claim allowed him the last General Assembly and a certificate being then granted him which certificate he has made appear he has either lost or mislaid.

Ordered the above Resolve with the following Message be sent to the House of Commons;

Mr. Speaker & Gentlemen of the Commons:

We herewith send for your concurrence a Resolve of this House for granting a new certificate to Mr. Nathan Williams in the room of one granted him last Assembly, which by the deposition sent you it appears is either lost or mislaid.

S. Ashe, S. S.

Ordered the following Bills be read to-wit:

The Bill to facilitate the navigation of port Currituck, read and passed the first reading. Ordered to be sent to the House of Commons. Sent by Mr. Gorrell and Mr. Russell.

The Bill for the regulation of the town of Edenton, read the third time in both Houses and passed. Ordered to be engrossed.

The Bill for adding part of Brunswick County to Bladen and part of Bladen to Brunswick County, read the third time in both Houses and passed. Ordered to be engrossed.

-------------------- page 185 --------------------

The Bill to encourage the building of public mills and directing the duty of millers, read the third time and passed. Ordered to be engrossed.

The Bill for appointing Commissioners to lay off and make a road from the Court house in the County of Burke, read the first time and passed. Ordered to be sent to the Commons. Sent by Mr. Gorrell and Mr. Russell.

The Sheriff of Camden county having certified that Mr. Jno. Gray was duly elected a Senator for said County to represent them in General Assembly on which he appeared, was qualified and took his seat.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker and Gentlemen of the Commons:

On reading the Bill to encourage the building of Public Mills and directing the duty of Millers the third time, we propose the following amendment, to-wit, “and one-fourteenth part for chopping grain” if your House approve of the proposed amendment you'll send some of your Members to see it done.

S. Ashe, S. S.

Ordered the Bill for establishing the salaries of the Justices of the Superior Courts and of the Attorney General be read, read the second time and passed. Ordered to be sent to the House of Commons. Sent Mr. Gorrell & Mr. Russell.

The Bill to enforce the Statute Laws &c, read the first time and passed. Ordered to be sent to the Commons. Sent by Mr. Gorrell and Mr. Russell.

The Bill for ascertaining the Oaths of Allegiance and Abjuration, read the first time and passed. Ordered to be sent to the Commons. Sent by Mr. Gorrell and Mr. Russell.

The Bill to regulate and ascertain the fees of Clerks of the Pleas in the Superior and County Courts, Justices of the Peace and Attorneys in this State and directing the method of paying the same, read the first time and passed. Sent by Mr. Gorrell and Mr. Russell.

Ordered the following Bills be read, to-wit:

The Bill to prevent the distillation of wheat and corn for the purpose of making a spirit therefrom commonly called whiskey, read and passed the first reading. Ordered to be sent to the House of Commons. Sent by Mr. Gorrell and Mr. Russell.

-------------------- page 186 --------------------

The Bill to enable the House-holders in the Counties therein mentioned to vote for Senators to represent them in Gen'l Assembly, read the first time and passed. Ordered to be sent to the House of Commons. Sent by Mr. Gorrell and Mr. Russell.

The Bill for appointing Naval Officers in this State and for directing their duty in office, read the first time and passed. Sent to the House of Commons by Mr. Gorrell and Mr. Russell.

The Bill for preventing tedious and illegal imprisonments and for the better securing the liberty of the freemen of this State, read the first time and passed. Ordered to be sent to the House of Commons. Sent by Mr. Gorrell and Mr. Russell.

The order of the day being read for the reading the Bill for establishing Courts of Law and Justice and for regulating the proceedings therein, the same being read with the amendments, passed the second reading. Ordered to be sent to the House of Commons. Sent by Mr. Summer and Mr. Lanier.

General Rutherford moved for leave to take out the Bill to regulate and ascertain the fees of Clerks of the Pleas in the Superior and County Courts, Justices of the Peace and Attorneys in this State and directing the method of paying the same. Ordered he have leave.

Adjourned till 9 o'clock tomorrow.


Tuesdy, 9 Dec., 1777.

The House met according to adjournment.

Ordered the Bill for erecting part of the County of Surry and part of the District of Washington into a separate and distinct County by the name of Wilkes, be read, read and passed the third reading and passed. Ordered to be engrossed.

Ordered the Bill to amend a part of an act for levying of a tax in the County of Caswell for defraying the expense of the public buildings be read, read and passed the first reading. Ordered to be sent to the Commons by Mr. Kenon and Mr. Carter.

Ordered the Bill to impower the Courts for the County of Tryon and Guilford to lay a tax by assessment for finishing the Court house, prison and stocks and other purposes, read the second time and passed. Sent to the House of Commons by Mr. Kenon and Mr. Carter.

-------------------- page 187 --------------------

Received from the House of Commons:

The Bill for ascertaining the method to be pursned in taking up and granting lands in the State and for ascertaining the duty of the Surveyor General, County Surveyors, Entry-takers and other Officers and persons who may be concerned therein.

Endorsed in the House of Commons 8 December, 1777, read the second time, amended and passed.

On motion resolved that General Jones discharge the Guard of Militia at Halifax, that the Commanding Officer in the town of Halifax for the time being take care for the future to Mount Guard sufficient for the security of the Powder Magazine at the said place.

Resolved also that William Amis be appointed Contractor to lay in provisions for the Invalid and other detachments of the Continental Army which may rendezvous at Halifax during their stay there and that he receive the allowance made by the Continental Congress for such services, and that upon his giving bond to the Commander for the time being for the faithful application of such money as he shall receive, the Treasurers or either of them be directed to advance him the sum of five hundred pounds and the Treasurer so advancing shall be allowed the same in the settlement of his account with the public.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House appointing William Amis Contractor for furnishing the Troops which may occasionally rendezvous at Halifax with provisions, also a resolve directing the discharge of the Militia Companies stationed at Halifax.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House for granting Mr. Robeson a Member of this House a new certificate for his attendance at the last session of Assembly it sufficiently appearing to this House that he never received the same.

A. Nash, S. C.

Received the same time the resolve above referred to. Endorsed in the Senate 9 Dec., 1777, read and concurred with.

-------------------- page 188 --------------------

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have rec'd your Message and resolve in favor of Mr. Robeson and concur therewith.

Received from the House of Commons, the Bill for altering the name of John Gilliard to the name of John Ister. Endorsed in the House of Commons 9. Dec. 1777 read the second time and passed. Ordered the same to be read in the Senate, read and passed the second reading. Ordered to be sent to the House of Commons by Mr. Kenon and Mr. Carter.

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

The Bill for authorizing such persons as shall be chosen by ballot of both Houses of the General Assembly to enter upon and discharge the several offices therein mentioned until the next session of Assembly.

Endorsed in the Senate 9 Dec. 1777, read the first time and passed. Ordered the same be read in the Senate, read and unanimously rejected.

Also the Bill for regulating dealers in salt, and for other purposes.

Endorsed in the Commons 9 Dec. 1777 read the first time and passed. Ordered the same to be read in the Senate and rejected.

Also the Bill for enabling the County Courts to make a final settlement with all the Sheriff's and other collectors of public taxes who are in arrears.

Endorsed in the House of Commons 8 Dec. 1777 read the first time and passed. Ordered the same to read in the Senate, read. Mr. Maclaine moved for leave to take the same on and amend it.

Ordered he have leave.

Rec'd the following Message from the House of Commons:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House directing the Committee of claims to allow the several jailers in this State two shillings a day for victualing such prisoners who have been confined in their custody since the end of the last Session of Assembly.

A. Nash, S. C.
-------------------- page 189 --------------------

Rec'd at the same time the Resolve above referred to.

Endorsed in the Senate 9 Dec. 1777. Read and Concurred. with.

Ordered the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the Commons:

We herewith return the resolve of your House directing the Committee of claims to allow the Gaolers of this State 2s per day for the prisoners whom they have victualed since the last Session of Assembly concurred with by this House.

S. Ashe, S. S.

Ordered that the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have entered into a resolution not to admit any Bills during this session but such as are now before the General Assembly and desire your concurrence.

S. Ashe, S. S.

Ordered the Bill for the directing the method of electing members of the General Assembly and other purposes, be read, read the first time and passed. Ordered to be sent to the House of Commons by Mr.——Also the Bill for adding part of Anson County to Bladen County be read, read the 2nd time and passed. Ordered to be sent to the Commons by Mr. Kenon and Mr. Carter.

Mr. Jarvis Laid before the House a Petition from William Chandler of Currituck County. Ordered the same to lie for Consideration.

On motion resolved that this House will to-morrow resolve itself into a Committee of the whole House to take into their consideration the Bill for ascertaining the method to be pursued in taking up and granting lands in this State and for ascertaining the duty of the Surveyor General, County Surveyors, Entry Takers and other officers and persons who may be concerned therein.

Received from the House of Commons the following message:

Mr. Speaker and Gentlemen of the Senate:

On reading the bill to amend the staple of Tobacco and prevent frauds, for the third time we propose the following amendments be

-------------------- page 190 --------------------
inserted immediately after the first clause in the Bill: “Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, that the Inspectors of tobacco appointed by the County Courts since the last session of Assembly at any public warehouse in this State be and they are hereby continued and directed to be Inspectors at the respective warehouses for which they were appointed until appointments can be had agreeable to this Act, and shall have the powers, authorities and emoluments, and be subject to the rules, regulations and restrictions hereafter mentioned;” and that instead of the words, “Be it enacted by the General Assembly of the State of N. Carolina, and it is accordingly enacted by the authority of the same,” in the 2nd clause as it now stands in the bill, the following words be inserted: “Be it enacted by the authority aforesaid,” and that the following clause be inserted immediately after the sixth clause as it now stands in the bill: “Be it further enacted by the authority aforesaid that the Inspectors at Jones Warehouse and the Pitch Landing in Northampton County respectively shall pay and satisfy to the owners of the same the sum of one shilling and six pence for every hogshead of tobacco received, inspected and delivered out of the said warehouses to be deducted out of the eight shillings per hogshead directed to be received for the use of the County to owners of such warehouses keeping the same, in paper.”

If yours should approve of these amendments to please to send two of your Members to see the alteration made.

A. Nash, S. C.

Adjourned till 9 o'clock to-morrow.


Wednesday, 10 December, 1777.

The House met according to adjournment.

The orders of the day being read for taking into consideration the Bill for ascertaining the method to be pursued in taking up and granting lands in this State and for ascertaining the duty of the Surveyor Gen'l, County Surveyors, Entry Takers and other officers and persons who may be concerned therein in order to make the necessary amendments therein, the House resolved itself into a Committee of the whole and chose Luke Sumner, Esquire, Chairman, and after some time spent on motion Mr. Speaker resumed the chair, and Mr. Chairman reported that the Committee had

-------------------- page 191 --------------------
come to several resolutions, but not having time to reduce them to form, desired leave to sit again to-morrow.

Ordered that the said committee have leave to sit again to-morrow.

Received from the House of Commons the following Bills, to-wit:

A Bill to facilitate the navigation of Port Currituck.

A Bill to enforce the Statute Laws, etc.

A Bill to regulate the pilotage of Cape Fear and Ocracock Bars and the rivers leading from the same to Brunswick, Newberne, Wilmington, Bath and Edenton.

A Bill to ratify an act entitled an act for the better regulation of the Town of Newberne and for securing the titles of persons who hold lots in the said Town, also to ratify an act entitled an act for the better regulation of the Town of Newberne and for securing the Titles of persons who hold lots in the said Town, also to ratify an act entitled an act for amending an act entitled an act for the better regulation of the Town of Newberne and for securing the titles of persons who hold lots in the said Town.

Endorsed in the House of Commons, 9 December 1777, read the first time and passed.

A Bill for appointing commissioners to lay off and make a road from the Court House in the County of Washington, thro' the mountains, into the County of Burke.

Endorsed in the House of Commons, 9 Dec., read the 2nd time and passed.

Rec'd from the House of Commons the following message:

Mr. Speaker & Gentlemen of the Senate:

We have received and herewith return you the resolve of your House empowering Mr. John Easton to take into his possession all the guns, ammunition, &c., belonging to the public now in the hands of the late independent companies stationed at Ocracock & Beaufort Inlets, etc., etc.

Concurred with by this House.

A. Nash, S. C.

Received from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence the report of the Committee

-------------------- page 192 --------------------
appointed to re-examine the accounts of Capt. John Dickerson of the light horse, concurred with by this House, for your further information we send you the accounts of said Dickerson.

A. Nash, S. C.

Received at the same time the report of the Committee referred to, concurred with by this House.

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

Mr. Speaker & Gentlemen of the House of Commons:

This House have received your Message together with the report of the Committee appointed to examine the accounts of Capt. John Dickerson and concur therewith.

S. Ashe, S. S.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House relative to Samuel Cornell and John London, Esquires, &c., also a copy of the flag of truce brought by said Cornell and London from the commanding officers of his Brittanick Majesty's forces at New York.

A. Nash, S. C.

Rec'd at the same time the resolve, also the copy of the flag of truce, which was ordered to lie for consideration.

The following bills be read, to-wit:

The Bill to amend an act entitled an act for establishing a Militia in this State be read, read the first time and passed.

Ordered to be sent to the House of Commons by Mr. Russell & Mr. Gray.

A Bill to ratify an Act intitled an Act for the better regulation for the Town of Newberne and for securing the titles of persons who hold lots in the said Town also to ratify an Act intitled an Act for the better reguation of the Town of Newberne and for securing the titles of persons who hold lots in the said town also to ratify an Act intitled an Act for amending an Act intitled an Act for the better regulation of the Town of Newberne and for securing the titles of persons who hold lots in the said Town. Read and passed the first time.

Sent to the House of Commons by Mr. Russell & Mr. Gray.

A Bill for appointing Commissioners to lay off and mark a road

-------------------- page 193 --------------------
from the Court House in the County of Washington thro' the mountains into the County of Burke. Read the second time and passed. Sent to the House of Commons by Mr. Russell and Mr. Gray.

A Bill to facilitate the navigation of Port Currituck. Read the second time and passed. Sent to the House of Commons by Mr. Russell and Mr. Gray.

A Bill to regulate the pilotage of Cape Fear and Ocracock Bars and the rivers leading from the same to Brunswick, Wilmington Newberne, Bath & Edenton. Read the 2nd time and passed.

Sent to the House of Commons by Mr. Russell and Mr. Gray.

On motion resolved that the House resolve itself into a Committee of the whole House to take into consideration a Message and Resolve of the House of Commons respecting Samuel Cornell and John London together with a paper purporting a Flag of Truce.

The House resolved itself into a Committee of the whole accordingly and chose Mr. Luke Sumner, Chairman. After some time spent the Committee came to a resolution thereon. Then on motion Mr. Speaker resumed the chair and Mr. Chairman reported the resolution of the committee, as follows, to-wit:

Resolved that it is the opinion of your committee that the paper sent from the House of Commons which is alluded to in their Message is not a proper Flag of Truce, and therefore the committee are of opinion that this House do not concur with the resolve of the House of Commons relative thoreto.

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

Adjourned 'til to-morrow 9 o'Clock.


Thursday, 11 Dec., 1777.

Met according to adjournment.

Ordered that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have received and considered the resolve of yours relative to a flag of Truce brought into this State by Messrs. Cornell and London and cannot concur with it, being of opinion that the same is not a proper flag.

Sam Ashe, S. S.

As it appears to this House that a certain Capt Thomas Whitson

-------------------- page 194 --------------------
received a wound in his arm some time ago by the Cherokees and has since lost the use of it.

Resolved therefore that the sum of ten pounds be annually allowed the said Thomas Whitson for three years and no longer unless ordered by the General Assembly.

Ordered the above resolve together with the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House in favor of Capt. Thomas Whitson.

S. Ashe, S. S.

The order of the day being read for taking into consideration the Bill for ascertaining the method to be pursued in taking up and granting lands in this State and for ascertaining the duty of Surveyor General, County Surveyors and Entry-takers and other officers and persons who may be concerned therein in order to make the necessary amendments therein the House resolved itself into a Committee of the Whole, Luke Sumner Esquire in the Chair and after some time spent therein, on motion, Mr. Speaker resumed the Chair and Mr. Chairmain reported that the Committee had

Received from the House of Commons the following Messages:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the resolve of your House appointing certain Commissioners therein mentioned to receive the public guns manufactured by James Ransom Esq. &c, concurred with by this House.

A. Nash, S. C.

Mr. Speaker & Gentlemen of the Senate:

We herewith return you two resolves of your House, the one appointing William Amis Contractor &c, the other impowering General Jones to discharge the Guard of Militia at Halifax and concurred with by this House.

A. Nash, S. C.

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence two resolves of this

-------------------- page 195 --------------------
House appointing Pay-master to two of the Regiments raised by this State in which there are at present vacancies.

A. Nash, S. C.

Received at the same time the resolve above referred to.

Endorsed in the Senate 11 Dec., 1777.

Read & concurred with.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the Commons:

We have received and herewith return you the resolve of your House for appointing Pay-masters &c and concur therewith.

S. Ashe, S. S.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House appointing Commissioners in the respective Counties in this State for certain purposes therein mentioned.

A. Nash, S. C.

Received at the same the resolve above referred to.

Endorsed in the Senate 11 Dec., 1777.

Read and concurred with.

Ordered the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return your resolve for appointing Commissioners to collect the public stores &c concurred with by this House.

S. Ashe, S. S.

Rec'd from the Commons the following Bills:

A Bill for the directing the method of electing Members of the General Assembly and other purposes.

A Bill for establishing a Loan Office in this State.

A Bill for vesting in this State the estates of certain persons therein mentioned.

A Bill for building a Court House in the Town of Salisbury for the District of Salisbury.

Endorsed in the House of Commons 11 December, 1777. Read the first time and passed.

A Bill for making provisions for the poor and for other purposes.

-------------------- page 196 --------------------

Endorsed in the House of Commons 11 Dec., 1777. Read the second time and passed.

Ordered the following Bills be read, to-wit:

A Bill for the directing the method of electing Members of the General Assembly and other purposes. Read the second time and passed.

Ordered to be sent to the House of Commons.

Sent by Mr. Battle and Mr. Sumner.

A Bill for building a Court House in the Town of Salisbury for the District of Salisbury.

Read the second time and passed.

Sent to the House of Commons by Mr. Battle and Mr. Sumner.

A Bill for making provision for the poor and other purposes. Read the second time and passed.

Sent to the House of Commons by Mr. Battle and Mr. Sumner.

A Bill for vesting in this State the estates of certain persons therein mentioned. Read the second time and passed.

Sent to the House of Commons by Mr. Battle and Mr. Sumner.

A Bill for establishing a Loan Office in this State. Read the second time and passed.

Sent to the House of Commons by Mr. Battle and Mr. Sumner.

Adjourned till 9 o'clock to-morrow.


Friday, 12 December, 1777.

The House met according to adjournment.

Ordered the Bill to enforce the Statute Laws, &c., be read, read the second time. Amended and passed.

Sent to the House of Commons by Mr. Seawell and Mr. Hart.

Received from the House of Commons the following Bills, to-wit:

A Bill to enable the householders in the Connties therein mentioned to vote for Senators to represent them in the General Assembly.

A Bill for ascertaining the oath of allegiance and abjuration.

A Bill for appointing Naval Officers in this State and for ascertaining their duty in office.

A Bill to amend an Act intitled an Act for establishing a Militia in this State.

-------------------- page 197 --------------------

A Bill for laying a tax for defraying the contingencies of the several Counties in this State and other purposes.

A Bill for regulating the duty of officers, seamen and mariners in the merchants service.

A Bill to amend a part of an Act for levying a tax in the County of Caswell for defraying the expence of the Public Buildings.

Endorsed in the Commons 11 Dec., 1777. Read the first time and passed.

A Bill to facilitate the navigation of Port Currituck.

A Bill to ratify an act intitled an act for the better regulation of the Town of Newberne and for securing the titles of persons who hold lots in the said town also to ratify an act intitled an act for the better regulation of the town of Newberne and for securing the titles of persons who hold lots in the said town, also to ratify an act intitled an act for amending an act intitled an act for the better regulation of the town of Newberne and for securing the titles of person who hold lots in the said town.

A Bill to impower the courts for the Counties of Tryon and Guilford to lay a tax by Assessment for finishing the court house, prison and stocks and other purposes.

A Bill for laying a tax to defray the expence of the public building in the County of Burke and other purposes therein mentioned.

A Bill to enable the Governor to send an aid from the militia to oppose the enemies of the United States if the same shall be requested by Congress.

Endorsed in the House of Commons 11 Dec. 1777, read the second time and passed.

Ordered the following Bills be read to-wit:

A Bill to enable the householders in the counties therein mentioned to vote for Senators to represent them in General Assemblyread the second time and passed.

A Bill for laying a tax to defray the expence of the public buildings in the County of Burke and other purposes therein mentioned, read the second time and passed. Sent to the House of Commons by Mr. Seawell and Mr. Hart.

A Bill to enable the Governor to send an aid from the militia to oppose the enemies of the United States if the same shall be

-------------------- page 198 --------------------
required by Congress, read the second time and passed. Sent to the House of Commons by Mr. Seawell and Mr. Hart.

A Bill for ascertaining the oath of allegiance and abjuration, read the second time and passed. Sent to the House of Commons by Mr. Seawell and Mr. Hart.

A Bill for levying a tax for defraying the contingencies of the several Counties in this State and other purposes, read the second time and passed. Sent to the House of Commons by Mr. Seawell and Mr. Hart.

A Bill for regulating the duty of officers, seamen and mariners in the merchants service, read the second time and passed. Sent to the Commons by Mr. Seawell and Mr. Hart.

A Bill to amend a part of an act for levying a tax in the County of Caswell for defraying the expence of the public buildings, read the second time and passed. Sent to the House of Commons by Mr. Seawell and Mr. Hart.

A Bill to ratify an act entitled an act for the better regulation of the Town of Newberne, and for securing the titles of persons who hold lots in the said Town, also to ratify an act entitled an act for the better regulation of the Town of Newberne and for securing the titles of persons who hold lots in the said Town, also an act to ratify an act entitled an act for amending an act entitled an act for the better regulation of the Town of Newberne and for securing the titles of persons who hold lots in the said town, read the second time and passed.

Sent to the House of Commons by Mr. Seawell and Mr. Hart.

A Bill to facilitate the navigation of Port Currituck, read the third time and passed.

Sent to the House of Commons by Mr. Seawell and Mr. Hart.

A Bill for appointing Naval officers in this State and for directing their duty in Office, read the second time and passed.

Sent to the House of Commons by Mr. Seawell and Mr. Hart.

A Bill to amend an act entitled an act for establishing a Militia in this State read the second time and passed.

Ordered to be sent to the Honse of Commons.

Sent by Mr. Seawell and Mr. Hart.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House

-------------------- page 199 --------------------
allowing the orphans of John Fifer, deceased, the certain sum therein mentioned.

A. Nash, S. C.

Rec'd the same time the resolve which was read and rejected.

Mr. Speaker and Gentlemen of the Senate:

John Wilcox having refused to accept of the iron works in Chatham County on the terms offered by the General Assembly and prayed to be paid the sum due him on the contract entered into by the commissioners with him——This House in order to be freed from all further solicitation and trouble on this head have come to the resolution herewith sent for your concurrence.

A. Nash, S. C.

Received at the same time the resolve above referred to.

Endorsed in the Senate, 12 Dec., 1777. Read and concurred with.

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House impowering certain cemmissioners therein mentioned to make sale of the vessels which were sunk in Cape Fear River, &c.

A. Nash, S. C.

Rec'd at the same time the resolve endorsed in the senate, 12 Dec., 1777. Read & concurred with.

Ordered the following Message be sent to the Commons:

Mr. Speaker and Gentlemen of the House of Commons:

We have received and herewith return two resolves of your house, the one for allowing John Wilcox a certain sum therein mentioned, the other impowering Thomas Benbury and William Hooper, Esquires to sell the vessels sunk in Cape Fear, with which this House concurs.

S. Ashe, S. S.

Received from the House of Commons the Bill for establishing the salaries of the Justices of the Superior Court and of the Attorney General.

Endorsed in the House of Commons, 12 Dec., 1777, read the second time and passed.

Adjourned till 9 o'clock to-morrow.

-------------------- page 200 --------------------


Saturday, 13 December, 1777.

The House met according to adjournment.

Received from the House of Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House directing the Commissioners of the Salt Petre Works at Halifax to desist from making any further attempts on account of the public.

A. Nash, S. C.

Rec'd at the same time the resolve above referred to.

Endorsed in the Senate, 13 Dec., 1777. Read and concurred with.

Ordered that the following Message be sent to the House of Commons:

Mr. Speaker and Gentlemen of the House of Commons:

We have received and herewith return the resolve of your House directing the Commissioners appointed to erect and superinted the Salt Petre Works at Halifax to desist from any further attempts to make salt petre, and concurred with by this House.

S. Ashe, S. S.

Received from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House are of opinion that the papers which have been referred to them relative to Samuel Cornell and John London upon a suggestion that the Vessel which they arrived here in is a flag of Truce and entitled to the same protection and privileges as flags of Truce by the law and practice of Nations are a subject for the Executive power of this State to consider and determine, they therefore propose that a Message be sent to his Excellency the Governor advising him of this resolution and assuring him that it is with the most perfect confidence that they submit the matter to his decision.

A. Nash.

Ordered that the following Message be sent to the House of Commons:

Mr. Speaker and Gentlemen of the Commons:

This House concur with you as to your Message relative to Messrs. Cornell and London.

-------------------- page 201 --------------------

On motion ordered that the yeas and nays be taken in the above Message.

Yeas—Messrs. Memucan Hunt, Archibald Corrie, Ambrose Ramsey, Elisha Battle, Robert Sumner, Thomas Respass, Needham Bryan, John Carter, Thomas Hart, William Russell, Allen Jones, Ralph Gorrell, James Coor, James Sanders, Robert Lanier, John McNitt Alexander, Archibald Maclaine, Samuel Jarvis, James Kenan, John Spicer, Miehael Rogers, John Gray.

Nays—Messrs. Benjamin Exum, Charles McLean, Griffith Rutherford, Luke Sumner, Benjamin Seawell, Charles MacDowell, David Love, Thomas Robeson.

Received from the House of Commons the following Bills:

A Bill to prevent burning the woods at unseasonable times of the year in the several Counties therein mentioned.

Endorsed the House of Commons 12 Dec., 1777, read the second time and passed.

A Bill to regulate and ascertain the fees of Clerks of the Pleas in the Superior and County Courts, Justices of the Peace and Attorneys in this State and directing the method of paying the same.

Endorsed in the House of Commons 12 Dec., 1777, read the first time and passed.

A Bill to encourage the destroying Vermin in the several Counties therein mentioned.

Endorsed in the House of Commons 12 Dec., 1777, read the first time and passed.

Ordered the same be read in the Senate, read the second time and passed. Sent to the Commons by Mr.——.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House for releasing the Executor of Richard Blackledge Esquire deceased from a contract entered into by said Blackledge with this State for furnishing a quantity of salt, the said Executors complying with the terms expressed in the resolve. If you should concur with this resolve be pleased to appoint Commissioners to receive the salt which is to be delivered for the public use agreeable to said resolve.

A. Nash, S. C.

Received at the same time the resolve above referred to.

-------------------- page 202 --------------------

Endorsed in the Senate 13 Dec., 1777.

Read and concurred with.

Ordered that the following message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We have received your resolve for releasing Richard Blackledge executors from a former agreement made by Mr. Blackledge with this State on certain conditions therein mentioned.

Concurred therewith.

S. Ashe.

Received from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the resolve of your House in favor of Capt.

Thomas Whitson. Concurred with by this.

A. Nash, S. C.

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House directing Colonel Folsome to pay the merchants of Cross Creek for salt, &c., delivered to the soldiery who went on the expedition to Moore's Creek.

A. Nash, S. C.

Rec'd at the same time a resolve, ordered to lie for consideration.

On motion resolved that Mr. Hunt, Mr. Mac Dowell and Mr. Lanier be a committee to act in conjunction with such gentlemen as the House of Commons may appoint for the purpose of examining the accounts of James Stuart and Andrew Greer Committee of the Washington District.

Ordered the resolve with the following Message be sent to the House of Commons:

We herewith send for your concurrence a resolve of this House appointing Mr. Hunt, Mr. MacDowell and Mr. Lanier a Committee to act jointly with such gentlemen as you may think proper to settle the accounts of Jas. Stuart and Andrew Greer.

S. Ashe, S. S.

Received from the House of Commons the following Bills, to-wit:

A Bill to regulate the pilotage of Cape Fear and Ocracock Bars and the rivers leading from the same to Brunswick, Wilmington, Newberne, Bath and Edenton.

-------------------- page 203 --------------------

Endorsed in the Commons 13 Dec., 1777. Read the second time and passed.

A Bill for adding part of Anson County to Bladen.

Endorsed in the House of Commons, 13 Dec., 1777. Read the third time and passed.

Rec'd from the House of Commons the following message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House allowing a certain sum therein mentioned for apprehending deserters from the Continental Army, &c.

A. Nash.

Rec'd at the same time the resolve above referred to and concurred with it.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We have received and herewith return the resolve of your House allowing the premium of ten dollars to any person who shall apprehend a deserter from the Continental Army.

Concurred with by this House.

S. Ashe, S.S.

Ordered that Gen. Jones have leave of absence during this session.

Ordered the Bill for adding part of Anson County to Bladen be read, read the third time and passed.

Ordered to be engrossed.

Received from the House of Commons the following Bills, to-wit:

A Bill to Impower the Court of Admiralty of this State to have jurisdiction in all cases of capture of the ships and other vessels of the inhabitants and Subjects of Great Britain, to establish the tryal by jury in the said Court in cases of capture and for the other purposes therein mentioned.

Endorsed in the House of Commons 13. Dec, 1777, read the second time and passed.

A Bill for impowering Commissioners to build a prison and stocks in the County of Duplin and for other purposes therein mentioned.

-------------------- page 204 --------------------

Endorsed in the House of Commons. 9 Dec. 1777, read the first time and passed.

A Bill to enforce the Statutes, laws &c.

Edorsed in the House of Commons 13 Dec. 1777, read the second time and passed.

A Bill for levying a tax for defraying the contingencies of the several Counties in this State and other purposes.

Endorsed in the House of Commons 13 Dec. 1777, read the second time and passed.

A Bill to amend an act for levying a tax in the County of Caswell for defraying the expence of the public buildings.

Endorsed in the House of Commons 13. Dec. 1777, read the second time and passed.

A Bill for amending an act intitled an act for levying a tax by assessments and other purposes passed the last session of this Asembly.

Endorsed in the House of Commons 13 Dec. 1777, read the second time and passed.

A Bill to prevent abuses in taking up stray horses, cattle, hogs and sheep and other things therein mentioned.

Endorsed in the House of Commons, 13 Dec. 1777, read the third time and passed.

Ordered the following Bills be read to-wit.

A Bill for establishing the salaries of the justices of the Superior Courts and of the Attorney General, read third time and passed.

Protest to a clause in the bill for ascertaining the salaries of the Justices of the Superior Court and Attorney General

Dissentient, A Maclaine.

Because, by the small salary allowed the Attorney General in the Bill, it cannot be expected that any lawyer of abilities to execute the said office will accept thereof.

Because, by giving the great officers of State insufficient salaries, such offices will probably become void, or be filled by persons no way qualified to execute them.

Because, by this unreasonable and impolitic parsimony, the constitution is invaded, and must in the end be destroyed.

A. Maclaine.
-------------------- page 205 --------------------

A Bill to regulate the pilotage of Cape Fear and Ocracock Bars and the rivers leading from the same to Brunswick, Wilmington, Newberne, Bath and Edenton, read the third time and passed. Sent to the House of Commons by Mr.——.

A bill for impowering Commissioners to build a prison and stocks in the County of Duplin and other purposes therein mentioned, read the second time and passed. Sent to the House of Commons by Mr.——

A bill for amending an act intitled an act for levying a tax by assessment and other purposes, passed the last session of this Assembly, read and ordered to lie.

A bill to amend an act for levying a tax in the County of Caswell for defraying the expence of the public buildings, read the third time and passed.

A bill for levying a tax for defraying the contingencies of the several Counties in this and other purposes, read the third time and passed. Sent to the House of Commons by Mr.——

On motion resolved the Clerk deliver to Thomas Smith and Andrew Neale all the bills that are ordered to be engrossed.

Received from the House of Commons the following Bills, towit:

A bill for ascertaining the oath of alegiance and abjuration. Endorsed in the House of Commons 13 December, 1777, read the second time and passed.

A bill for preventing tedious and illegal imprisonments and for the better securing of the liberty of the freemen of this State. Endorsed in the House of Commons 13 Dec., 1777, read the first time and passed.

A bill for establishing fairs in the Town of Wilmington, in New Hanover County. Endorsed in the House of Commons 13 Dec., 1777, read the third time and passed.

A bill to ratify an act intitled an act for the better regulation of the town of Newberne, and for securing the titles of persons who hold lots in the said Town, &c., &c., &c. Concurred in the House of Commons 14 Dec., 1777, read the third time and passed.

A Bill for establishing a Loan Office in this State. Endorsed in the House of Commons 13 December, 1777, read the third time and passed.

A bill for declaring what fences are sufficient and to provide a

-------------------- page 206 --------------------
remedy for abuses, &c. Endorsed in the House of Commons 13 Dec., 1777, read the third time and passed.

A bill for altering the name of John Gillinard to the name of John Ister. Endorsed in the House of Commons 13 Dec., 1777, read the third time and passed.

A bill to ratify and confirm an act intitled an act for the better regulation of the Town of Wilmington, also to revise an act entitled an act to amend an act entitled an act for the regulation of the Town of Wilmington. Endorsed in the House of Commons 13 Dec., 1777, read the second time and passed.

A bill concerning titles to land and for the limitation of actions. Endorsed in the Commons 13 Dec., 1777, read the second time and passed.

Received from the House of Commons the following Messages: Mr. Speaker and Gentlemen of the Senate:

This House have received your Message appointing a Committee to settle the accounts of James Stuart and Andrew Greer and have on their part appointed Mr. Benbury, Mr. Sevier, Mr. Johnston, Mr. Rand and Mr. Jones to act jointly with the Committee appointed of the Senate for the purpose above mentioned.

A. Nash, S. C.

Mr. Speaker and Gentlemen of the Senate:

This House agree to the amendments proposed by you in their Message relative to Messrs. Cornell and London and have made the same conformable.

A. Nash, S. C.

Adjourned till Monday 9 o'clock.


Monday, 15 December, 1777.

The House met according to adjournment.

Ordered the following bills be read, to-wit:

A bill declaring what fences are sufficient and to provide a remedy for abuses, &c., read the third time and ordered to be engrossed.

A bill for establishing a Loan Office in this State, read the third time and passed.

A bill for establishing fairs in the Town of Wilmington, in New Hanover County, read the third time, Ordered to be engrossed.

-------------------- page 207 --------------------

A Bill to ratify an act entitled an act for the better regulation of the Town of Newberne and for securing the titles of persons who hold lots in the said Town, also to ratify an act entitled an act for the better regulation of the Town of Newberne and for securing the titles of persons who hold lots in the said Town, also to ratify an act entitled an act for amending an act entitled an act for the better regulation of the Town of Newberne, and for securing the titles of persons who hold lots in the said Town, read the third time and ordered to be engrossed.

A Bill for making provision for the poor and for other purposes read the third time and passed. Ordered to be engrossed.

A Bill to impower the Courts for the Counties of Tryon and Guilford to lay a tax by assessment for finishing the Court House, prison and stocks and other purposes, read the third time, amended and passed.

A Bill for appointing Naval officers in this State and for directing their duty in Office, read the third time and passed.

Received from the House of Commons the following bills:

A Bill for making provision for the poor and for other purposes.

Endorsed in the House of Commons, 13 Dec., 1777, read the third time and passed.

A Bill for appointing Naval officers in this State and for directing their duty in office.

Endorsed in the House of Commons, 13 Dec., 1777, read the second time and passed.

A Bill for directing the method of appointing Jurors in all cases, civil and criminal.

Endorsed in the House of Commons, 17 Dec., 1777, read the first time and passed.

Ordered that the following Message be sent his Excellency the Governor.

In the General Assembly,

Sir,

Messrs. Samuel Cornell and Jno. London in a Memorial laid before the General Assembly having suggested that the vessel in which they arrived here is a flag of truce and instituted by the law and practice of nations to the same protection and privileges as flags of truce the General Assembly are of opinion that the

-------------------- page 208 --------------------
determination thereof is a proper subject for the Executive power of this State, and they therefore assure your Excellency that it is with the most perfect confidence that they submit the matter to your decision.

S. Ashe, S. S.
A. Nash, S. C.

Ordered that the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

On reading the third time the bill for making provision for the poor and other purposes we propose that the amendment herewith sent you be added; if your House agree thereto you'll send two of your Members to see it done.

S. Ashe, S. S.

Received from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you a Message from his Excellency the Governor, together with sundry letters, papers, &c., &c., which this House propose referring to a Joint Committee of both Houses and for that purpose have on their part appointed Mr. Burke, Mr. Tillman, Mr. Jones and Genl. Butler.

A. Nash, S. C.

To the Honorable the General Assembly,

Gentlemen,

Herewith you will receive sundry copies of the Articles of Confederation of the United States of America, transmitted to me by the delegates of this State in Congress together with their letters and other letters of a public nature which I lay before you for consideration. These papers were received by express on Saturday last, and yesterday by a private hand. I received sundry resolves of Congress and an account of the United States against this State. They have been long on their passage and some of them appear to me to require your immediate consideration. I therefore take the earliest opportunity of laying them before you.

R. Caswell.

Rec'd the papers, &c., &c.

Ordered to be referred to a Joint Committee of both Houses.

-------------------- page 209 --------------------

Ordered that the following Message be sent to the House of Commons:

Your Message appointing a Committee to act with a Committee to be appointed by this House for the purpose of considering certain resolves of Congress, &c., we have received and have on our part appointed Mr. Maclaine, Mr. Salter, Mr. Coor and Mr. Seawell to act with the gentlemen by you nominated for that purpose.

S. Ashe, S. S.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House impowering our delegates in Congress to elect certain persons therein mentioned to the Office of Brigadier General under a certain proviso.

A. Nash, S. C.

Received at the same time the resolve above referred to.

Endorsed in the Senate 15 Dec., 1777.

Read and concurred with.

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

Mr. Speaker and Gentlemen of the Senate:

The resolve of your House for instructing the delegates of this State to Nominate Cols. Jethro Sumner and Thomas Clark of the quota of Troops raised by this State to be elected Brigadier General we herewith return you.

Concurred with.

S. Ashe, S. S.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

On reading the Bill to regulate the pilotage of Cape Fear and Ocracock Bars and the Rivers leading from the same to Brunswick, Wilmington, Newbern, Bath and Edenton the third time we propose the following alterations in the third page: add the name of John Duboise to the Commissioners for the Port of Brunswick. In the 13 page and 2nd line add the word “one-fifth by the Commissioners for the Port of Bath” and the words “two-fifths” in the same line instead of the words “three-fifths” as it stood before. In the fourth line of the same page, to add the words “Bath,” and

-------------------- page 210 --------------------
also in the same page to add the following, “and be it further enacted by the authority aforesaid that the Commissioners by this act for the town of Newbern be impowered to employ proper persons to stake out the channel from Harcouts Island to Harbaun Island the expense of which shall be paid as the staking other channels is by this act directed to be paid.”

Should you approve of these amendments you will send two of your members to see the same made.

A. Nash.

This House approved of the amendments proposed and sent Mr. Coor and Mr. Respass to see them made.

Rec'd from the House of Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House in favor of our delegates in Congress.

A. Nash, S. C.

Received at the same time the resolve above referred to.

Endorsed in the Senate 15 Dec., 1777.

Read and concurred with.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have received the resolve of yours allowing the delegates of Congress from this State at the rate of fourteen hundred pounds per annum from this date with which we concur, we propose that this allowance take place from the time of their last appeal.

S. Ashe. S. S.

Received from the House of Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

On reading the Bill for establishing the salaries of the Justices of the Superior Courts and of the Attorney General for the last time we propose that the following words in the first page be dele. Provided always that if any of the said Justices should be prevented by sickness or any unavoidable accident from attending at any of the said Courts and the same be made appear on oath such Justice shall be paid the same sum as if he had been personally

-------------------- page 211 --------------------
present also the words “and perquisites” in the fifth line of the proviso in the last page. If your House should approve of these alterations you will send two of your members to see the same made. We also send you the Bill.

A. Nash, S. C.

Ordered the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We have received the Message of your House proposing that the proviso respecting the Justices of the Superior Courts being prevented from attending the Courts, &c., by sickness, in the Bill for establishing the salaries of the Justices of the Superior Courts the Attorney General should be deled with which we cannot concur though we agree with you in deleing the word, “and perquisites.”

S. Ashe, S. S.

Rec'd from the House of Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House impowering the Treasurers or either of them to pay into his Excellency the Governor's hands any sum not exceeding twenty-five thousand dollars, &c.

A. Nash, S. C.

Rec'd at the same time the resolve above referred to.

Endorsed in the Commons 13 Dec., 1777. Read and concurred with.

Ordered the following Message be sent to the Commons:

We herewith return the resolve of your House directing the Treasurers or either of them to pay into the hands of his Excellency the Governor any sum of money not exceeding twenty-five thousand dollars, &c.

Concurred with by this House.

S. Ashe, S. S.

Received from the House of Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House for releasing James Biggleston, Esq., from his present confinement upon certain conditions therein mentioned.

A. Nash, S. C.
-------------------- page 212 --------------------

Received from the House of Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House in favor of Capt. Robert Peoples and Mr. Samuel Johnston.

A. Nash, S. C.

Rec'd at the same time the resolve referred to.

Endorsed in the Senate 15 Dec., 1777. Read and concurred with.

Ordered the following Message to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the resolve of your House in favour of Mr. Peoples and Mr. Johnston concurred with by this.

S. Ashe, S. S.

Ordered that Mr. Coor have leave to take out a Bill for amending an act intitled an act for leying a tax by assessments and other purposes passed the last session of Assembly to amend it.

Ordered the following Bills be read to-wit:

A Bill for preventing tedious and illegal imprisonments and for the better securing the liberty of the freemen of this State, read the second time and passed.

A Bill for directing the method of appointing Jurors in all cases civil and criminal, read the first time and passed.

Ordered that Mr. David Smith have leave of absence during this session.

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

A Bill for building a court house in the town Salisbury for the district of Salisbury.

Endorsed in the Commons, 15 Dec., 1777, read the second time and passed.

A Bill to establish a court of chancery and to regulate the mode of proceeding therein.

Endorsed in the House of Commons, 15 Dec., 1777, read the second time and passed.

A Bill to encourage the destroying vermin in the several Counties therein mentioned.

Endorsed in the House of Commons 15 Dec. 1777, read the second time and passed.

A Bill for the ease and convenience of the militia on the west side of New Port in Carteret County.

-------------------- page 213 --------------------

Endorsed in the House of Commons, 15 Dec., 1777, read the second time and passed.

A Bill for regulating the duty of officers and seamen and mariners in the merchants service.

Endorsed in the Commons, 15 Dec., 1777, read the second time and passed.

A Bill for impowering Commissioners to build a prison and stocks in the County of Duplin and other purposes therein mentioned.

Endorsed in the House of Commons, 15 Dec., 1777, read the second time and passed.

Ordered the following Bills be read to-wit:

A Bill for building a court house in the Town of Salisbury for the district of Salisbury, read the third time and passed.

A Bill for the ease and convenience of the militia on the west side of Newport, Carteret County, read the second time and passed.

A Bill to ratify and confirm an act entitled an act for the regulation of the town of Wilmington. Also to revise an act entitled an act to amend an act entitled an act for the regulation of the town of Wilmington, read the second time and passed.

A Bill for impowering Commissioners to build a prison and stocks in the County of Duplin and other purposes therein mentioned, read the third time and passed.

A Bill to encourage the destroying vermin in the several Counties therein mentioned, read the third time and passed.

Adjourned till 9 o'clock to-morrow.


Tuesday, 16 Dec., 1777.

Ordered the following Bills be read:

A Bill for altering the name of John Gilliard to the name of John Ister, read third time and passed. Ordered to be engrossed.

A Bill for ascertaining the oath of allegiance and abjuration, read the third time and passed.

Sent to the House of Commons by Mr. Ramsey and Mr. Sanders.

A Bill for regulating the duty of officers, seamen and mariners in the merchants service, read the third time and rejected.

-------------------- page 214 --------------------

A Bill to enforce the statute laws, &c., be read the third time, amended and passed.

Sent by Mr. Ramsey and Mr. Sanders.

A Bill to establish a court of chancery and to regulate the mode of proceeding therein, read the second time and rejected.

A Bill to impower the court of admiralty of this State to have jurisdiction in all cases of capture of the ships and other vessels of the inhabitants and subjects of Great Britian, to establish the trial by jury in the said court in cases of capture and for the other purposes therein mentioned, read the second time and passed.

Sent to the Commons by Mr. Ramsey and Sanders.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House propose that the following amendments be inserted in the resolve of yours for liberating James Biggleston, to-wit: after the word “proper” (the town of Newberne excepted) and after the word “Behavior” the word “or instead of and.”

S. Ashe, S. S.

Mr. Charles McLeane moved for leave to enter his dissent from the report of the Committee of Claims upon re-examining the acts of William Graham and the concurrence of the House thereupon; his reasons were as follows, to-wit:

Because, it appears by the certificates of the Horse Master General filed with the pay Bill that there was more money drawn for Ambrose Foster and Francis Nixon for their past services than they received.

Because, the said William Graham refused to pay the said persons their full claim when demanded saying he had paid all the money drawn by them for said service.

And because, the money reported to be paid into the Treasury was deducted out of the claims of the said Ambrose Foster and Francis Nixon which it appeared they were entitled to by the horse Master's return.

Rec'd from the House of Commons the following Message:

We herewith send for your concurrence the report of the Joint Committee appointed to settle the accounts of James Stuart and Andrew Greer together with the resolve of this House thereon.

A. Nash, S. C.
-------------------- page 215 --------------------

Rec'd at the same time the resolve and concurred with it.

S. A.

Report of the Committee appointed to examine the charges by James Stuart and Andrew Greer, Commissioners of the Militia, stationed in Washington District for expenses of waggoning provisions for said Militia, is as follows:

That it appears to your Committee that the said James Stuart paid and has obligated himself to pay to sundry persons for waggons hire the sum of thirteen hundred and ninety-two pounds, three shillings and seven and one-half pence, allowing to each waggon one shilling & eight pence per mile, each waggon carrying 1600 weight, it also appears to your Committee that the said allowance and loads for waggons was the common rule of hiring waggons in that part of the State and that they could not be had at the time the service was performed on any other terms. It further appeared to your Committee by vouchers produced by the above mentioned Andrew Greer that the sum of seven hundred and fifty-four pounds including waggon masters pay for Robert Lucas, is due for waggoning provisions for the Militia aforesaid during the time of the said Greer's acting as Commissary which sum of £75 is exclusive of a charge which Mr. Greer has for a waggon belonging to himself.

Your Committee are of opinion that the sums aforementioned charged for waggon hire ought to be allowed and they submit to the Assembly whether, in that case the said Commissaries ought to be allowed thirteen pence per ration or a smaller sum.

W. Jones,
Chairman.

Received from the House of Commons a Bill to prevent burning woods. Endorsed in the House of Commons, 16 Dec., 1877, read the third time and passed.

Ordered the same be read in the Senate, read the third time and passed.

Ordered to be engrossed.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker and Gentlemen of the House of Commons.

This House have received your resolve together with the reports

-------------------- page 216 --------------------
of the Committee appointed to examine the charges made by James Stuart and Andrew Greer, and concur with the resolve.

S. Ashe, S. S.

Received from the House of Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a Resolve of this House allowing James Davis, Esq., a certain sum for performing certain services therein mentioned.

A. Nash, S. C.

On motion, Resolved that James Davis, Esq., be authorized to print the articles of Confederation of the United States proposed to be laid before the Legislatives of the respective States, and that he be obliged to send copies thereof to each County in this State, and one copy to every Member of this present General Assembly, and that for printing and sending the articles of Confederation, and for printing and sending the Acts and Journals of the last session of the General Assembly to the Justices and representatives of the several Counties he be allowed the sum of four-hundred pounds, and that the said articles, Journals and Acts, and the Acts and Journals of this session be delivered to the several County Clerks within three months after the expiration of this session of the General Assembly.

S. Nash, S. C.

Ordered the above resolve with the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send a resolve relative to an allowance to Mr. Davis for services to be rendered the public which we wish to adopt instead of the one proposed by your House.

S. Ashe, S. S.

It appearing to this House that James Greer, Jun., hath long since revised and made a fair transcript of the journals of the Senate which are now in the press;

Resolved that he be allowed the sum of fifty pounds for the same, that the treasurers or either of them pay him the same and be allowed in their accounts with the public.

On motion resolved that Mr. James Council be directed to pay into the public Treasury of this State all monies which may be in his hands arising from the sale of the estate of John Keany deceased.

-------------------- page 217 --------------------

Resolved also that Messrs. William McRee and George Brown be impowered to sell the effects taken from certain Tories of Bladen County, to-wit: Robert Mylare, Aleck McLeane and McArthur, and also a hogshead of molasses taken out of a boat at Elizabeth Town for which there appears to be no owner and that they, after satisfying the persons who took said effects for their trouble, do account with the next General Assembly for the remainder of the money arising from such sales.

Ordered the resolve with the following Message be sent to the House of Commons:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith send for your concurrence a Resolve of this House directing Mr. James Council to pay a certain sum of money into the public Treasury of this State.

Also a resolve impowering certain persons therein named to dispose of the effects taken from certain Tories of Bladen County.

S. Ashe, S. S.

Adjourned 'til 9 o'clock to-morrow.


Wednesday, 17 December, 1777.

The House met according to adjournment.

Rec'd from the House of Commons a a Bill for ascertaining the method to be pursued in taking up and granting lands in this State and for ascertaining the duty of the Surveyor General, County surveyors, entry takers and other officers and persons who may be conceived therein.

Endorsed in the House of Commons, 16 December, 1777. Read the third time and passed.

Read the petition of James Childs and others, prisoners in Anson gaol, which appearing to this House to have a seditious tendency.

Ordered the same be delivered to the waiter and be by him burnt.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House concur with yours in the proposed amendments in their resolve relative to James Biggleston and have made the same conformable.

A. Nash, S. C.
-------------------- page 218 --------------------

Rec'd the resolve and concurred therewith.

Received from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the resolve of your House directing Mr. James Council to pay a certain sum of money into the public Treasury, &c.

Concurred with by this House.

A. Nash, S. C.

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence the report of the committee appointed to to re-examine the act's. of Col. Henry Irwin passed at Halifax in April, 11, 1776.

Concurred with by this House.

A. Nash, S. C.

Rec'd at the same time the report above referred to.

Ordered to lie for consideration.

Mr. Speaker & Gentlemen of the Senate:

We have received your Message and resolve relative to the authorizing James Davis, Esq., to print the articles of confederation of the United States and the Laws and Journals of the last Assembly and cannot concur therewith having been made sensible that the sum proposed by you to be allowed Mr. Davis for said service will not make him an adequate satisfaction for said service. We therefore hope you will take this necessary business again into consideration.

A. Nash, S. C.

Received from the House of Commons a Bill for erecting the district of Washington into a County by the name of Washington County.

Endorsed in the House of Commons, 17 Dec., 1777. Read the third time and passed.

Ordered the following Message be sent to his Excellency the Governor:

Sir:

We herewith send you a copy of a Resolve in favor of Mr. James Biggleston, concurred with by the two Houses.

S. Ashe, S. S.
-------------------- page 219 --------------------

Ordered that the following Message be sent to the House of Commons:

Mr. Speaker and Gentlemen of the House of Commons:

This House on reconsidering the resolve of yours directing the Committee of Claims to allow the Adjutants of the Militia of this State a certain sum therein mentioned when on actual service think it equitable and concur therewith.

S. Ashe, S. S.

Ordered the Bill for establishing Offices for receiving Entries of Claims for Lands in the several Counties within this State for ascertaining the method of obtaining titles to the same and for other purposes therein mentioned be read which being read passed the third reading and was ordered to be engrossed.

On motion ordered the Yeas and Nays be taken relative to re-inserting a clause in said Bill which had been erased by the House of Commons, the purpose of which was that the act above mentioned when passed should neither be construed as comprising or making void the titles of Persons who had prior to the adoption of the present Constitution made purchases of Lands from the Indians

Yeas:
Elisha Battle,
Robert Sumner,
Thomas Respass,
Needham Bryan,
Thos. Hart,
William Russell,
Robert Lanier,
Archibald Maclaine,
Luke Sumner,
James Kenon,
Thomas Robertson,
John Spicer,
Michl. Rogers,
John Gray.
Nays:
Benjamin Exum,
Ralph Gorrell,
Chas. Maclean,
Griffith Rutherford,
James Saunders,
Jno. McNitt Alexander,
Benjamin Seawell,
Chas. McDowell,
David Love,

A list of Bills ordered to be engrossed and they are hereby engrossed:

1. The Bill for the division of Edgecombe, S. H.

2. The Bill for erecting a prison in Edenton, S. H.

-------------------- page 220 --------------------

3. The Bill for securing lots in Elizabeth Town, S. H.

4. The Bill for adding part of Duplin to Johnston, S. H.

5. The Bill for the regulation of the town of Edenton, S. H.

6. The Bill for encouraging the building of Mills, S. H.

7. The Bill for adding part of Bladen to Brunswick, &c.

8. The Bill for erecting a new County between the District of Washington, &c., Wilkes, S. H.

9. The Bill for adding part of Anson County to Bladen.

10. The Bill to prevent abuses in taking up stray horses, cattle, hogs and sheep and other things therein mentioned, delivered to Mr. Neale.

11. A Bill to establish a Loan Office in this State delivered to Mr. Alexander, for Mr. Mr. Neale.

12. The Bill for the regulation of Newberne, &c.

13. A Bill declaring what fences are sufficient, &c.

14. A Bill for establishing fairs in Wilmington, &c.

15. A Bill for altering the name of Jno. Gilliard, to John Ister, delivered to Mr. Alexander, for Mr. Neale.

16. A Bill to prevent burning woods, Mr. Neale, delivered to Mr. Alexander.

17. A Bill for erecting the District of Washington into a County by the name of Washington.

18. A Bill for the regulation of the town of Wilmington.

-------------------- page 221 --------------------

THE THIRD JOURNAL OF THE SENATE, DECEMBER 18, 1777.

Thursday, 18 December.

The House met according to adjournment.

Received from the House of Commons:

A Bill to regulate and ascertain the fees of the Clerks of the Pleas in the Superior and County Courts, Justices of the Peace and Attorneys in this State, and directing the method of paying the same.

Endorsed in the House of Commons, 17 December, 1777, read the second time, amended and passed.

On motion, resolved that Mr. Speaker, Mr. Maclaine, Mr. Seawell, Mr. Hart, Mr. Coor and Mr. Ramsey be a Committee to act in conjunction with such gentlemen as the House of Commons may appoint for the purpose of carrying the several resolves of the Continental Congress now before the General Assembly into execution.

Ordered the above resolve, with the following Message, be sent to the House of Commons:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith send you a resolve of this House appointing a Committee to act jointly with a Committee of your House to take into their consideration sundry resolves of Congress and to report to the General Assembly to-morrow their determination thereon.

S. Ashe.

Ordered a Bill to regulate and ascertain the fees of Clerks of the Pleas in the Superior and County Courts, Justices of the Peace and Attorneys in this State, and directing the method of paying the same be read. Read and passed the third reading and sent to the House of Commons:

Ordered a Bill for erecting the district of Washington into a County by the name of Washington County, read the third time and passed and ordered to be engrossed.

On motion, resolved that all the Latin phrases in the bill for establishing Courts of Law, &c., be translated in English.

-------------------- page 222 --------------------

Rec'd from the House of Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

This House have received and considered the Message and resolve of yours appointing a Committee to act jointly with such gentlemen of this House as should be appointed to consider and make report to-morrow what measures it may be necessary to adopt for the purpose of carrying the several resolves of the Continental Congress now before the General Assembly into execution, and have on their part for that purpose appointed Mr. Speaker, Mr. Benbury, Mr. Edwards, Mr. Jones, Genl. Person, Mr. Locke and David Burke a Committee.

We also appoint the same gentlemen a Committee to act jointly with such gentlemen of the Senate as shall be appointed to prepare and bring in a Bill for confiscating the estates of the enemies of the United States within this State.

A. Nash, S. C.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have directed their Clerks to make out the estimate of allowance to Justices Sunday next.

A. Nash, S. C.

Ordered the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House wish you to reconsider the instruction given to the Clerk of yours relative to making up the estimate on Sunday next, as they are of Opinion it will not be possible to complete the business which now is and necessarily will be before the General Assembly in so short a time. We would propose that the estimate be directed to be made so as to include Monday next.

S. Ashe, S. S.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We have received your message informing that the gentlemen by you appointed to act with the Committee appointed by this House to take into consideration the resolve of Congress now before the General Assembly, &c., would likewise act in conjunction

-------------------- page 223 --------------------
with a Committee to be nominated by this House to prepare and bring in a Bill confiscating the property of the enemies of the United States within this State, and have for that purpose nominated the gentlemen appointed on the above mentioned Committee.

S. Ashe, S. S.

Ordered that Mr. Samuel Jarvis have leave of absence during this Session.

Received from the House of Commons a Bill to impower the Court of Admiralty of this State to have jurisdiction in all cases of capture of the ships and other vessels of the inhabitants and subjects of Great Britain, to establish the trial by Jury in the said Court in cases of capture, &c.

Endorsed in the House of Commons, 18 Dec., 1777, read the third time and passed.

Ordered the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We propose the following amendments to the Bill for establishing Officers for receiving entries for claims for land in the several Counties in this State for ascertaining the method of obtaining titles to the same and for other purposes.

In the Clause marked “A,” Section 3rd, we propose after the word “seventy-six” that the word “and recorded in the Secretary's Office” be inserted and that the remaining part of the Clause be deled, that the 5th, 7th & 25th Section in the Bill be deled, that in Section 18th that the words and “his securities” be inserted after the word “delinquent with respect to the Secretary.”

We not only consider to what sum that Officer's fees may amount but what will be adequate to the services which he must perform, he will certainly for some time receive considerable sums of money but his services will be proportionably great and consequently he must be at a very great expense in employing assistants and clerks. We consider further that the fee we give him is to be permanent and must continue when the business will be trifling compared to what may be expected for the first year. We propose that the 21, 22, 23 & 24 Sections marked “B. C. D. E.” being amendments of this House be deled because we cannot conceive that the Legislature has any authority by an act of the General Assembly to take away that which is claimed to be the property of private persons.

-------------------- page 224 --------------------

We are well assured that those who have settled vacant lands since the late Lord Granville's death and those who have purchased settlements and improvements made by them would have had the preference of all such lands if the office had been opened previous to the late resolution. Do not let us violate the constitution by assuming a judicial power in taking away the private property of individuals, give them reason to complain that they want the protection in a free State which was afforded them under the administration of a tyrant. Many purchases from the Indians we know to have been fairly made for valuable considerations, some of them in compensation for debts for which no other satisfaction could be obtained, the least we can do at present is to let those claims lie in abeyance until they can be adjusted in a legal manner. If it should be thought that the State is injured by such large purchases we have taken care by our constitution to prevent them for the future and it will be easy to point out a mode for inquiring into the titles. The claimants under these purchases are willing to submit their titles to a trial at law. We presume that the argument urged on this occasion: that if those lands are reserved the State will be defrauded of large sums of money which would necessarily arise from the sale of them is of no weight. The question will be in whom is the title. The public coffers ought to be filled from the State at large, not from the private property of individuals. The scheme of agrarian law is altogether chimerical in an enlightened age and a commercial country and we have the satisfaction on the last reading of the Bill to find that you agree with us in that particular, and we propose likewise the following amendments, and in order to establish the credit of the continental currency and the currency of this State emitted by the late Congress thereof. “Be it enacted by the authority aforesaid that no entry taker shall receive for the use of this State any other sort of money for the entry of lands than continental currency, Bills of credit, or the dollar Bills emitted at the Congress held at Hillsborough and Halifax.” If you agree to these amendments you will send two of your members to see it done.

S. Ashe, S. S.

Received from the House of Commons the following Bills to-wit:

A Bill to ratify an act entitled an act for the regulation of the Town of Wilmington. Also to revise an act entitled an act to

-------------------- page 225 --------------------
amend an act entitled an act for the better regulation of the Town of Wilmington.

Endorsed in the House of Commons, 18th Dec., 1777, read the third time and passed.

A Bill for the ease and convenience of the Militia in the west side of Newport in Carteret County.

Endorsed in the House of Commons, 18th Dec., 1777, read the third time and passed.

A Bill for laying a tax to defray the expense of the public buildings in the County of Burke, and other purposes therein mentioned.

Endorsed in the House of Commons, 18th Dec., 1777, read the third time and passed.

A Bill for appointing Commissioners to lay off and make a road from the Court House in the County of Washington, thro' the mountains, into the County of Burke.

Endorsed in the House of Commons, 18 Dec., 1777, read the third time and passed.

Received from the House of Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House recommending to his Excellency the Governor to disband such of the Militia now in array in this State as he shall think proper.

A. Nash, S. C.

Received at the same time the resolve above referred to.

Endorsed in the Senate, 18 Dec., 1777.

Read and concurred with.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons.

This House concur with yours empowering his Excellency the Governor to disband such of the Militia as he thinks proper.

S. Ashe, S. S.

Received from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have committed the Bill for amending an act entitled an act for levying a tax by assessment, &c., to Mr. Burke, Mr. Hooper, Mr. Jones, Mr. Johnston and Mr. Rand, with such gentlemen

-------------------- page 226 --------------------
of the Senate as may be appointed for that purpose, to amend.

A. Nash, S. C.

Ordered the following Message be sent to the Commons:

Mr. Speaker and Gentlemen of the Commons:

This House have appointed Mr. Coor, Mr. Hunt and Mr. Seawell a Committee to act with the Committee appointed by your House for the purpose of amending a Bill for levying a tax by assessment, &c.

S. Ashe, S. S.

Adjourned till 9 o'clock.


Friday, the 19th of December, 1777.

The House met according to adjournment.

Ordered, to-wit:

A Bill for appointing Commissioners to lay off and make a road from the Court House in the County of Washington, thro' the mountains, into the County of Burke, read the third time and passed both Houses.

Ordered to be Engrossed.

Received from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence the report of the Committee appointed to re-examine the accounts of Col. Henry Irwin passed at Halifax in April, 1776. Concurred with by this House.

A. Nash, S. C.

Report of the Committee appointed to re examine the accounts of Col. Henry Irwin passed at Halifax in April, 1776.

Report as follows: That it appears to them from the accounts passed at Halifax, and from other testimony, that there is an overcharge in the rations of Capt. Johnston's and Horne's Companies on the expedition to Moore's Creek, of forty-one pounds, nineteen shillings and six pence, and an error in extending the time of pay in the said account of nine pounds, eighteen shillings and five pence, and an overcharge of one pound, ten shillings for getting guns, said to be paid for by Capt. Johnston. It also further appears to your Committee that there is an overcharge in the rations of Capt. Johnston's, Horn's and Hart's Companies on the

-------------------- page 227 --------------------
expedition to Wilmington, and for getting guns and for one broke, for an error in extending the price of barrels for salt allowed for, and for pork and flour kept by Col. H. Irwin of fifty-eight pounds, fourteen shillings, the said several sums amounting in the whole to one hundred and twelve pounds, one shilling and eleven pence, which appears to your Committee to be due from Col. Irwin to the public and ought, if received by them, to be refunded by his Executors.

J. Rand,
Chairman.

This House taking the same into consideration concurred therewith.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have directed their Clerk in making out the estimate to insert the sum of twenty shillings per day for the Members' attendance, and have sent this Message for your concurrence to that measure.

A. Nash, S. C.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker and Gentlemen of the House of Commons:

On reading for the third time the bill for laying off and making a road through the mountains into the County of Burke, we propose that the name of John Carter, appointed one of the Commissioners for laying off the said road, be deled and the name of Ezekiel Smith be inserted, we also propose that the Commissioners be allowed eight shillings per day instead of four. If these amendments are agreeable you'll send two of your body to see them made.

S. Ashe, S. S.

Ordered the following Bills be read, to-wit:

A Bill for the ease and convenience of the Militia on the west side of Newport in Carteret County.

A Bill for laying a tax to defray the expense of the public buildings in the County of Burke and other purposes therein mentioned.

A Bill to ratify and confirm an act intitled an act for the regulation of the town of Wilmington.

-------------------- page 228 --------------------

Also to revise an act entitled an act to amend an act entitled an act for the regulation of the town of Wilmington. Read the third time in both Houses and passed. Ordered to be engrossed.

Rec'd from the House of Commons the following Message:

We herewith send for your concurrence a resolve of this House recommending to his Excellency the Governor to discharge the Commissaries and Pay-masters in the service of this State, except such as he shall think absolutely necessary to be continued.

A. Nash, S. C.

Mr. Maclaine from the Committee appointed to take into consideration sundry resolves, &c., from Congress and to prepare and bring in a Bill for confiscating the property of persons who have forfeited the protection of this State, resported as follows:

That a tax of two pence in the pound on all taxable property in this State ought to be laid for the year 1775 and that the same is as near as the circumstances of the State will permit a compliance with the recommendation of Congress relative to raising money.

That the act for establishing a Loan Office in this State is as near a compliance with the resolution of Congress respecting loans as is at present expedient.

That it is not expedient for this State to appoint Commissioners to meet the Commissioners from other States to regulate prices as it will be impossible to carry any such regulations into execution.

That a Commissioner should be appointed in every County to purchase in the most expeditious manner and for the lowest prices he can all the stockings, linens, & woolens which can be procured, to be delivered to the Clothier General or his order and charged to the United States.

That it is expedient to pass a law for confiscating the estates of all persons who have withdrawn themselves from this or any of the United States during the present war and all who are absent from the same with our enemys and not under restraints or disabilities which rendered their return impossible unless such persons or any of them shall within a certain time return into this State and give satisfactory reasons why they should be received as citizens thereof and restored to their property and in such cases no Confiscation to take place with respect to the persons so received.

-------------------- page 229 --------------------

That the first, second, third, eighth and twelfth articles, the second and third sections of the fourth and the last section of the ninth articles of the Confederation recommended by Congress ought to be immediately retified and the delegates for this State ought to be instructed and impowered accordingly and that the remaining clauses, articles and sections thereof containing matters highly important and interesting to the future people of this State and involving what may very materially affect the internal interests and Sovereign Independence thereof and not being immediately essential to the success of the present war ought not to be ratified until there shall be full time and leisure for materially and deliberately considering the same until upon such mature and deliberate consideration the same shall be approved.

A. Maclaine, Chairman.

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

Ordered the report with the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send you the report of the Committee appointed to take into their consideration sundry resolves, &c., from Congress and also to prepare and bring in a Bill for confiscating the estates of persons who have withdrawn themselves from the protection of this State. Concurred with by this House.

S. Ashe, S. S.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

Ent'd.

This House have received your Message and resolve recommending to his Excellency the Governor to discharge the Commissaries and Pay Masters of the Continental Troops app'd by this State except such as he thinks necessary to be continued which this House concurs with.

S. Ashe, S. S.
Ent'd.

Mr. Speaker & Gentlemen of the House of Commons:

This House concur with you for allowing the Members of the

-------------------- page 230 --------------------
General Assembly the sum of twenty shillings per day for their attendance.

S. Ashe, S. S.

Received from the House of Commons a Bill for directing the method of appointing jurors in all cases civil and criminal.

Endorsed in the House of Commons 18 Dec., 1777. Read the second time and passed.

Ordered the same be read in the Senate, read and passed the second reading and sent to the House of Commons by Mr. Gorrell and Mr. Roberts.

Mr. Hunt, from the committee appointed to re-examine the accounts of John Davidson, pack horse master to the second battalion of Rowan in the late Indian expedition, finds an error in the addition of three hundred and eighty pounds twelve shillings in favour of the State and are of opinion that the said sum ought to be allowed which is submitted.

M. Hunt, Chairman.

Ordered the above report with the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send you the report of the committee appointed to re-examine the acc'ts of John Davidson, pack horse master.

Concurred with by this House.

S. Ashe, S. S.

Ordered the Bill to impower the Court of Admiralty of this State to have jurisdiction in all cases of capture of the ships and other vessels of the inhabitants and subjects of Great Britain, to establish trial by jury in the said Court in cases of capture and for other purposes therein mentioned.

Read the third time in both Houses and passed and ordered to be engrossed.

Received from the Commons a Bill to amend an Act for establishing a militia in this Seate,

Endorsed in the House of Commons 19 Dec., 1777. Read the second time and passed.

On motion resolved that Mr. Maclaine and Mr. Coor be appointed to examine and compare the engrossed Bills with the original. Not endorsed.

Adjourned 'til tomorrow 9 o'clock.

-------------------- page 231 --------------------


Saturday, December 20, 1777.

The House met according to adjournment.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the report of the committee appointed to re-examine the acc'ts of John Davidson concurred with by this House.

You will also receive a resolve of this House directing the Treasurer or either of them to pay the said John Davidson a certain sum therein mentioned agreeable to report of said committee which we hope will meet your approbation.

A. Nash, S. C.

Rec'd the resolve. Endorsed in the House of Commons 2nd Dec., 1777.

Read and Concurred with.

Rec'd from the House of Commons the following message:

Mr. Speaker and Gentlemen of the Senate:

We herewith return the report of the committee appointed to take into consideration sundry resolves of Congress, concurred with by this House.

A. Nash, S. C.

Resolved that Mrs. Deborah Smith be allowed the sum of eighteen pounds thirteen shillings and four pence for ferriages for the southern Post rider and that the Treasurers or either of them pay her the same and be allowed in the settlements of their acc'ts with the public.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

A resolve of this House for allowing Mrs. Deborah Smith the sum of eighteen pounds thirteen shillings and four pence for ferriages.

S. Ashe, S. S.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

Owing to an omission in copying a Message relative to the land Bill it has passed contrary to the sense of this House.

-------------------- page 232 --------------------

In order to convince your House of the fact we send you the original draught of that Message by which you will perceive that we propose to allow the Secretary a fee of ten shillings and that section the tenth is inserted for 18th and that the word secretaries is inserted of securities. The reason given in our Message for giving the secretary a fee of ten shillings shows that something relative to that must have gone before. To correct this mistake we propose that the fee of seven shillings and six pence be given to the secretary as in our opinion five shillings is inadequate to the service he is obliged to perform. Should not your House agree to this, we propose a free Conference on the subject immediately in the conference room.

S. Ashe, S. S.

Received from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House propose if agreeable to the Senate to ballot at 4 o'clock this evening for judges of the Superior Courts of Justice in this State, Attorney General, delegates to represent this State in Congress the ensuing year, a Treasurer for the northern district and a Brigadier General for the district of Edenton and have put in nomination for Judges of the Superior Courts Samuel Ashe, John Williams, Samuel Spencer & Jasper Charleston, Esquires.

For Attorney General, Mr. James Iredell and Mr. Waightstill Avery, for delegates to represent this State in Congress, Thomas Burke, John Penn & Cornelius Harnett, Esquires. For a Treasurer of the northern district, William Skinner Esq. For a Brigadier General, William Skinner and Thomas Benbury, Esquires. If you should concur in this measure please signify the same by Message, also such gentlemen as you would wish to put in nomination for the above mentioned office.

A. Nash, S. C.

Ordered a Bill to amend an act for declaring what crimes and practices against the State shall be treason and what 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 this State be read, read the second time and passed and sent to the House of Commons.

Ordered that Mr. Needham Bryan have leave of absence.

-------------------- page 233 --------------------

Ordered the Bill concerning Titles to Land and for the limitation of actions be read, read the second time and rejected.

Received from the House of Commons:

A Bill for the directing the method of electing Members of the General Assembly and other purposes.

Endorsed in the House of Commons 20 Dec., 1777, read the second time and passed.

Also, a Bill for confiscating the property of all such persons as are inimical to the United States and of such persons as shall not within a certain time therein mentioned appear & submit to this State whether they shall be received as citizens thereof and if such persons as shall so appear and shall not be admitted as citizens and for other purposes therein mentioned.

Endorsed in the House of Commons 20 Dec., 1777, read the first time and passed.

Ordered a Bill for confiscating the property of all such persons as are inimical to the United States and of such persons as shall not, within a certain time mentioned, appear and submit to this State whether they shall be received as citizens thereof and of such persons as shall so appear and shall not be admitted as citizens and for other purposes therein mentioned, be read. Read the first time and passed and sent to the House of Commons by——.

Also, a Bill for establishing Courts of Law and Justice, and for regulating the proceedings therein, read the third time in both Houses and passed.

Ordered to be engrossed.

Also, a Bill for the directing the method of electing Members of the Genl. Assembly and other purposes, read the third time and passed and sent to the House of Commons.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House concur with you as to balloting this afternoon for Judges of the Superior Courts, Attorney General and Treasurer for the Northern District, &c., a Brigadier General for the District of Edenton, and have put in nomination the following persons: Samnel Ashe, Samuel Spencer, Jas. Iredell, Esquires, Judges; Waightstill Avery, Attorney General; William Skinner,

-------------------- page 234 --------------------
Treasurer for the No. District; Brigadier General, for the District of Edenton, William Skinner and Thomas Benbury, Esqrs.; at the same time we propose to ballot for a Naval officer for Port Currituck in the room of Samuel Jarvis, Esqr., resigned and put in nomination for that office John Humphries, and for Marshall of said Port, we nominate Taylor Jones.

We likewise propose balloting for a Treasurer for the Loan office and put in nomination James Green, Junior. We propose balloting for the place where the next General Assembly is to be held and nominate for that purpose the Town of Newberne and Hillsborough. This House do not think it necessary to ballot for delegates for the Continental Congress at this time.

Sam Ashe, S. S.

Received from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This house propose to ballot this evening for a Naval Officer and Marshall of the Court of Admiralty for Port Currituck, at the same time of balloting for the other public officers, and put in nomination John Humphries for a Naval officer and Taylor Jones for Marshall of the said Court. We also propose balloting for a Treasurer of the Loan Office for the State and put in nomination for that office James Green, Junior. This House have appointed General Person and Mr. Matthew Locke to see the balloting for the public officers now to be elected fairly conducted.

A. Nash, S. C.

Ordered the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House propose balloting immediately and have appointed Mr. Coor and Mr. Exum to see it fairly conducted.

Sam'l Ashe, S. S.

Mr. Coor and Mr. Exum who were appointed on the part of this House to see the balloting fairly conducted returned from the Conference room and reported that the following persons were elected by a majority of both Houses, to-wit:

Samuel Ashe, Esq., Judge of the Superior Courts.
Samuel Spencer, Esq., Judge of the Superior Courts.
James Iredell, Esq., Judge of the Superior Courts.
Waightstill Avery, Attorney General.
William Skinner, Treasurer for the North District.
-------------------- page 235 --------------------
William Skinner, Brigadier for Edenton District.
James Green, Jun., Treasurer for the Loan Office.
John Humphries, Naval Officer for Port Currituck.
Taylor Jones, Marshall for Port Currituck.

And that Newberne was the place for the next Assembly to meet at.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you the petition of John Hilger, also the determination of this House, which we hope will meet your ready concurrence.

A. Nash, S. C.

Rec'd the petition at the same time, and resolve that the purport of it be complied with.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return you the petition of John Hilger, also the determination of your House thereon, with which this House concurs.

S. Ashe, S. S.

Received from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House directing the Committee of Claims to settle with Mr. Christopher Neale, &c.

A. Nash, S. C.

Rec'd at the same time the resolve, & concurred therewith.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return you the resolve of your House directing the Committee of Claims to settle with Mr. Neale, concurred with by this House.

A. Nash, S. C.

Adjourned 'til to-morrow, 9 o'clock.

-------------------- page 236 --------------------


Sunday, 21st December, 1777.

The House met according to adjournment.

Resolved that Mr. Thomas Hart be appointed from this House to examine the bill for opening the Land Office.

Received from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House appointing John Hunt to settle and adjust the public accounts, &c.

A. Nash, S. C.

Received at the same time the resolve. Endorsed in the Senate, 21 Dec., 1777, read & concurred with.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return your resolve appointing Mr. Jas. Hunt, to settle the public accounts, &c. Concurred with by this House.

S. Ashe, S. S.

Received from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a Resolve of this House empowering the Commanding Officer of Edgecombe and Nash Counties to call on Mr. Bignall, for ammunition delivered into his care by Col. Irwin.

A. Nash, S. C.

Rec'd at the same time the resolve.

Endorsed in the Senate Dec. 21, 1777.

Read & concurred with.

Ordered the following message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the resolve of your House relative to the ammunition delivered Mr. Bignall.

Concurred with by this House.

S. Ashe, S. S.

Mr. Hart, appointed by this House to examine the Bill for establishing offices for receiving entries of claims for lands in the several counties within this State for ascertaining the method of obtaining titles to the same, and for other purposes therein menioned.

-------------------- page 237 --------------------

Reported that he had examined the Bill and had found it correct.

Ordered the same be signed by the Speaker of this House and sent to the House of Commons to be signed by their Speaker.

Ordered a Bill to amend an act intitled an act for establishing a Militia in this State be read.

Read the same and passed the third reading.

Ordered to be sent to the Commons by ————.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a Resolve of this House for calling to account a certain Joshua Hampstead.

A. Nash, S. C.

Rec'd at the same time the resolve. Endorsed in the House of Commons 21 Dec., 1777. Concurred with.

Ordered the following message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the resolve of your House relative to Joshua Hampstead, concurred with.

Sam Ashe, S. S.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a Resolve of this House appointing Joseph Hewes and Robert Smith, Esqr's., to load and fit out the Pennsylvania Farmer and King Taminy to procure arms, woolens, &c.

A. Nash, S. C.

Received the resolve at the same time. Endorsed in the House of Commons 21 Dec., 1777.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return your resolve appointing Messrs. Hewes and Smith, commissioners for certain purposes therein mentioned, appointing Wm. Hooper, Esqr., and Henry Toomer to sell the Washington, &c. Concurred with by this House.

S. Ashe, S. S.
-------------------- page 238 --------------------

Received from the House of Commons a Bill for amending an act intitled an act for levying a tax by assessment and other purposes passed the last Session of this Assembly.

Endorsed in the House of Commons 21 Dec., 1777. Read the third time and passed.

On motion resolved that an additional sum of ten pounds be allowed to each of the Judges of the Courts of Oyer and Terminer for every Court they have attended since the last Session of this Assembly, and that the Treasurers or either of them pay them the same and be allowed the same in settling their accounts with the public.

Resolved that His Excellency the Governor be requested to appoint Commissioners to run out and mark the boundary line with the Overhill Cherokees as the same was agreed upon and established by treaty in July last.

Resolved also that His Excellency the Governor be requested to appoint and commissionate proper persons to hold a treaty with Indians inhabiting the Towns of the middle settlement and valley and to agree upon and establish a boundary line with the said Indians and that the Governor be impowered to draw upon either of the Treasurers of this State for the sum of fifty pounds to enable the Commissioners to run out and mark the said boundary line with the Overhill Cherokees and also for the sum of one thousand pounds to enable the Commissioners to hold the said treaty.

Sam Ashe, S. S.

Ordered the following message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House ralative to a boundary line and treaty between this State and the Indians.

Sam Ashe, S. S.

On motion, resolved that no land shall be granted, surveyed or entered in the County of Washington westward of the boundary line with the Overhill Cherokees agreed upon at the treaty in July last and that all persons who shall go over the said line to settle upon or improve lands contrary to the articles of the said treaty, shall be considered as trespassers, and shall never be admitted to claim any preference by right of pre-occupancy in virtue of such improvements.

-------------------- page 239 --------------------

Resolved also that no lands in the County of Burke shall be granted, surveyed or entered westward of the waters of Towe river and to the westward of the dividing ridge between the waters of the——and Broad river on this side and the waters of French Broad river on the other side the Appalachian Mountains and that all persons who shall settle upon or improve any lands to the westward of the waters of Towe river and the said dividing ridge shall be considered as trespassers and shall never be admitted to claim any preference by right of pre-occupying in virtue of such such improvements and that this last resolve shall continue in force until a treaty shall be held with the Indians inhabiting the towns in the middle settlements and valley and a boundary line agreed upon with the Indians last mentioned.

S. Ashe, S. S.

Ordered the resolve with the following Message be sent to the House of Commons:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House to prevent encroaching on the Indian land adjoining the Frontiers of this State.

Sam Ashe, S. S.

Resolved that his Excellency the Governor be impowered to aypoint Commissioners to act with Commissioners from the State of Virginia to extend the dividing line between the two States and that for that purpose he be impowered to draw on the Treasury of this State for a sum not exceeding two hundred and fifty pounds to enable the Commissiouers so appointed to perform the services aforesaid, and the Treasurers, or either of them, advancing the same shall be allowed in their acts. with the public.

S. Ashe, S. S.

Ordered the resolve with the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House impowering the Governor to appoint Commissioners on the part of this State to act with Commissioners to be appointed by the State of Virginia to extend the dividing line between the two States.

S. Ashe, S. S.
-------------------- page 240 --------------------

On motion, resolved that Capt. James Robertson be allowed at the rate of four hundred pounds per annum for his services as Superintendent of Indian Affairs to commence from the time of his appointment, which was the twenty-seventh of July last, and that the Treasurer, or either of them, pay him the same, and shall be allowed in their accounts with the public.

Sam Ashe, S. S.

Ordered the resolve with the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House in favor of Capt. James Robertson.

Sam Ashe, S. S.

Resolved that Mr. Ramsey, Mr. Alexander & Mr. Seawell, Mr. Maclaine and Mr. Lanier, be appointed to take out the Bill to enable the Governor to send an aid from the militia to oppose the enemies of the United States, if the same shall be requested, to amend it.

Entered.

On motion resolved that the judges, of the courts of Oyer &c., be allowed an additional sum of ten pounds for each and every court they have attended since their appointment to that office at Halifax and Newberne and that the treasurers or either of them pay them the same and be allowed in the settling their accounts with the public.

Ordered the Resolve with the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We send you a resolve in favour of the Judges of the courts of Oyer and Terminer which we wish you to concur with.

S. Ashe, S. S.

Received from the House of Commons:

A Bill for enabling the County Courts to make a final settlement with all the sheriffs and other collectors of public taxes who are in arrears.

Endorsed in the House of Commons 21 Dec., 1777, read the second time and passed.

Ordered be read in the Senate, read the second time and passed.

Ordered to be sent to the House of Commons by.——

-------------------- page 241 --------------------

Whereas the act of Assembly for granting salaries to the Governor, the Secretary, the members of the council and the Treasurers of this State, will expire with the present sesion of Assembly and as the allowances in that act are altogether inadequate to the dignity of this State and of such officers and at present insuffient to compensate for the expences and duties necessarily incurred and to be performed by such officers. Therefore resolved that the allowances in the said act mentioned be continued and that a further sum of one thousand pounds be paid to his Excellency the Governor in consideration of the services he hath and must necessarily perform in consequence of his office until the anual election of a Governor of this State and resolve also that each of the members of the council be allowed a further sum of ten shillings per day for their attendance as Counsellors when thereto required and that the Treasurers pay the same and be allowed with accts with the public.

Ordered the resolve with the following Message be sent to the House of Commons:

This House have taken into consideration the allowance made to the Governor and the members of council of State by an act of the last Assembly which expires with this present session and being of opinion that the same is altogether insufficient for such officers, have entered into a resolve for allowing them a further sum until the next respective elections of such officers and send the same for your concurrence.

Sam Ashe, S. S.

Adjourned till tomorrow 9 o'clock.


Monday, the 22nd December, 1777.

This House met according to adjournment.

Ordered a Bill for amending an act intitled an act for levying a tax by assessment and other purposes passed the last session of this assembly be read, read the third time, amended and passed.

Ordered to be engrossed.

Rec'd from the House of Commons the following Message:

Mr. Speaker and gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House directing the removal of the military stores &c., also directing the

-------------------- page 242 --------------------
commissary of public stores to proceed to Charlestown in South Carolina to purchase blankets &c.

A. Nash, S. C.

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

Mr. Speaker & Gentlemen of the House of Commons:

This House cannot concur with that part of the resolve of yours, relative to the quantity of powder to be left at Wilmington, thinking the quantity mentioned insufficient, they propose that fifteen hundred pound weight at least, remain at that place as to the other parts of said resolve we concur.

Sam Ashe, S. S.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a Resolve of this House impowering the entry takers and other collectors of public monies to pay off and take up the certificates of the members allowances for their attendance on this present assembly.

A. Nash, S. C.

Received the resolve, endorsed in the Senate, 1777.

Read and concurred with.

S. Ashe, S. S.

Ordered that the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the Commons:

This House concur with the resolve of yours, relative to the entry takers and other collectors of public taxes paying off the allowance of the members of this present Assembly.

S. Ashe, S. S.

On motion, resolved that James Davis, Esquire, be authorized to print the Articles of Confederation of the United States proposed to be laid before the Legislatures of the respective States, and that he be obliged to send twelve copies thereof to each County in this State and one copy to every Member of this present General Assembly, and that for printing and sending the articles of Confederation, and for printing and sending the Acts and Journals of the last session of this General Assembly to the Justices and Representatives of the several Counties, be allowed the sum of five hundred and fifty pounds, and that the said Articles, Journals and Acts,

-------------------- page 243 --------------------
and the Acts and Journals of this session be delivered to the several County Clerks within three months after the expiration of this session of the General Assembly.

S. Ashe, S. S.

Ordered the resolve with the following Message be sent to the House of Commons:

We herewith send you a resolve of this House for allowing Jas. Davis, Esquire, a certain sum therein mentioned.

S. Ashe, S. S.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence the report of the Committee appointed to reconsider the accounts of Capt. John Dickerson, and concurred with by this House.

A. Nash, S. C.

Received at the same time the report.

Read & concurred with.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the Commons:

We herewith return the report of the Committee relative to Capt. John Dickerson concurred with by this House.

Sam Ashe, S. S.

Received from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence the report of the Joint Committee appointed to enquire into the expediency of keeping up a Guard on the frontiers of this State, concurred with by this House.

A. Nash, S. C.

Rec'd at the same time the report.

Concurred with.

Ordered the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House concur with the report of the Committee appointed to consider the expediency of garrisoning the frontiers of this State in every part except that which respects the quantity of powder to be kept in each garrison, as they are of opinion that twentyfive pounds is a sufficient quantity.

-------------------- page 244 --------------------

Ordered that Mr. Thomas Respass have leave of absence after to-morrow.

Received from the House of Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith return the resolve of your House directing James Davis, Esquire, to print and send twelve copies of the Articles of Confederation, the Acts and Journals of this and the last Session of Assembly to the several Counties in this State, and for allowing him to ascertain the sum therein mentioned for the same.

Concurred with by this House.

A. Nash, S. C.

Received from the House of Commons the following message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House impowering certain Commissioners therein mentioned to sell part of the public salt at Edenton and Newberne and to invest the proceeds thereof in tobacco, and to be shipped on board the Pennsylvania Farmer, and King Tamminy to be sent to some foreign part for certain purposes therein mentioned.

We are informed that Messrs. Hewes and Smith are agents here for the United States, and would not wish to be concerned in fitting and loading out the above mentioned vessel, which hath induced us to send you this resolve.

A. Nash, S. C.

Received from the House of Commons:

A Bill for levying a tax for the year 1777.

Endorsed in the House of Commons, 21 Dec., 1777. Read the second time and passed.

Resolved, that the Commissioners for selling the public salt at Newberne and Edenton, and loading the Brigantines Pennsylvania Farmer, and King Taminy do return from time to time to the Governor for the time being, an account of their transactions, respectively, and if the net proceeds of the salt to be sold by the respective Commissioners should be insufficient to load the said vessels, that the Governor be and he is hereby impowered to draw upon the Treasury for such further sum or sums as may be necessary for loading the said Brigantines, and the Governor shall give the said Commissioner directions where to send the cargoes by

-------------------- page 245 --------------------
them to be shipped, and what commodities to purchase in return, and shall appoint agents for the said vessels, respectively, and shall be accountable to the General Assembly for their conduct, and shall deliver the inward bound cargoes to the Commissioners.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House agree to the resolve of yours appointing Commissioners to sell part of the public salt at Edenton and Newberne and apply the net proceeds as therein directed. Let it stand.

Sam'l Ashe, S. S.

Received from the House of Commons:

A Bill for levying a tax for the year 1778.

Endorsed in the House of Commons, 25 Dec., 1777. Read the second time and passed.

Ordered the same be read in the Senate. Read and passed the second reading.

Ordered to be sent to the House of Commons.

Received from the House of Commons:

A Bill for appointing Sheriffs and directing their duty in office and for obliging late Sheriffs and collectors of public money who are in arrears to account for and pay the same, and other purposes:

Endorsed in the House of Commons, 22d Dec., 1777. Read the third time and passed.

Ordered the same to be read in the Senate. Read and passed the third time.

Ordered to be engrossed.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House directing Mr. James Green, Junior, to deliver to the Secretary of the State all the papers, &c., belonging to the former Assembly &c.

A. Nash, S. C.

Received at the same time the resolve, and concurred with.

Sam Ashe, S. S.
-------------------- page 246 --------------------

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return you the resolve of your House directing the Secretary of State to receive of Mr. James Green, Jun., sundry articles therein mentioned.

Concurred with by this House.

Sam Ashe, S. S.

Received from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a Resolve of this House appointing certain Commissioners therein mentioned to superintend the affairs of the Tuscarora Indians in Bertie County.

We also send you the petition of said Indians, &c.

A. Nash, S. C.

Received the resolve at the same time.

Read and concurred with.

Sam Ashe, S. S.

Ordered that the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return your resolve appointing Commissioners to superintend the affairs of the Tuscarora Indians.

Concurred with by this House.

Sam Ashe, S. S.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a Resolve of this House appointing certain Commissioners therein mentioned to make sale of the Iron Works in Chatham County, &c.

A. Nash, S. C.

Received at the same time the resolve.

Endorsed in the Senate 22d., Dec.

Read and concurred with.

S. Ashe, S. S.

Ordered the following Message be Sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return you a Resolve of your House.

-------------------- page 247 --------------------

Concurred with together with a Resolve of this house which we propose as an addition thereto.

S. Ashe, S. S.

Resolved that a sufficient quantity of unappropriated lands adjoining to the Iron Works in Chatham County be reserved for the use of the said works, and that none of the said lands shall be entered and surveyed by any person or persons whatsoever, until the said works shall be sold and the Commissioners appointed for selling the said Iron works shall at the same time sell and dispose of therewith so much of the said unappropriated lands as may be necessary to supply the said works with Ore, Coal, Timber and the like.

Adjourned till tomorrow 9 o'clock.


Tuesday, 23d., Dec. 1777.

The House met according to adjournment.

Received from the House of Commons a Bill for directing the method of appointing Jurors in all cases civil and criminal.

Endorsed in the House of Commons 22d., Dec. 1777.

Read the third time and passed.

Ordered the same to be read in the Senate.

Read the third time aud passed.

Ordered to be engrossed.

Received from the House of Commons a Bill for preventing tedious and illegal Imprisonments and for better securing the liberty of the freemen of this State.

Endorsed in the Commons 23d, Dec. 1777.

Read the second time and passed.

Also a Bill for levying a tax for the year 1777.

Endorsed in the House of Commons 23, Dec. 1777.

Read the third time and passed.

Ordered a Bill for levying a tax for the year 1778, be read.

Read and passed the third reading.

Ordered to be engrossed.

Ordered a Bill for preventing tedious and illegal imprisonments and for the better securing the liberty of the freemen of this State be read, read the same the third time and passed and sent to the House of Commons.

-------------------- page 248 --------------------

Whereas, at the time of establishing the Constitution and form of Government this State declared that all the lands lying southward of the Virginia line as far as the dividing line to be hereafter extended between this State and South Carolina as the same was laid out by order of the late King George the Second were the rights and property of the people of this State to be held by them in severalty and whereas by a particular line laid out by order of the late Governor Tryon and the Legislature of South Carolina without the consent of this territory a very considerable and valuable part of the lands northward of the said dividing line laid out by order of the said King was intended to be thrown into South Carolina and hath ever since been claimed by the people of that State and whereas by an act passed in the present session of this General Assembly Officers are instituted in the several Counties of this State for directing the mode of granting unappropriated lands in which there is not any notice taken of the above mentioned lands equally claimed by this State and that of South Carolina and by the latter called and known by the name of the New Acquisition in order therefore to avoid disputes with our brethren of South Carolina.

Resolved that no person whatsoever shall enter or take up any lands within the disputed bounds called in South Carolina the New Acquisition, nor shall any Surveyor lay out the same until the line between this State and that of South Carolina shall be adjusted, provided that if the State of South Carolina have not adopted or passed, or shall not immediately adopt or pass a Law or Resolution of a similar nature, this resolve shall be of no force.

Resolved that the Governor shall communicate the above resolves to the Executive powers of the State of South Carolina and require a speedy and categorical determination thereon and the Governor upon being made acquainted with the law or Resolution of that State relative to the premises shall issue his proclamation, declaring whether the people of this State are or are not to be at liberty to enter and survey lands within the said disputed bounds and requiring all persons to pay obedience thereto.

Ordered the resolve with the following Message to be sent to the House of Commons.

We herewith send you a resolve of this House respecting the

-------------------- page 249 --------------------
entering the vacant lands bordering on this State and the State of South Carolina.

Sam'l. Ashe, S. S.

Ordered a Bill for confiscating the property of all such persons as are inimical to the United States and of such persons as shall not within a certain time therein mentioned appear and submit to this State whether they shall be received as citizens thereof and of such persons as shall so appear who shall not be admitted as citizens and for other purposes therein mentioned be read, read the second time and passed. Sent to the House of Commons.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

Some doubts having arisen whether it would be consistent with the constitution that new Commissions should issue to the several Counties of this State, as the Justices appointed by the General Assembly hold their offices during their good behavior therein, we are of opinion that such Commissions are necessary and that the Justices heretofore appointed and commissioned and who have qualified on their respective commissions agreeable to Law and not been corrected of misbehavior may be inserted in such new commissions with a preamble reciting their former appointment and giving them and such other Justices as shall be now recommended a jurisdiction agreeable to Law.

Ordered the following Message be sent to the House of Commons together with the Resolve:

Mr. Speaker & Gentlemen of the House of Commons:

Received from the House of Commons a Bill for confiscating the property of persons disaffected to the State.

Rec'd from the House of Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We have received and considered the Message and resolve of yours relative to running a boundary line with the Overhill Cherokees and do not concur therewith, but concur with the subsequent part of your resolve impowering the Governor to appoint Commissioners to treat with the middle and valley Towns and to draw on the Treasury agreeable to the tenor of your resolve. If you accede

-------------------- page 250 --------------------
to these alterations please to make the resolve conformable and send it down for concurrence.

A. Nash, S. C.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker and Gentlemen of the House of Commons:

We have received your Message relative to the resolve of this House impowering the Governor to appoint Commissioners to run and make a boundary line with the Overhill Cherokees, &c., and have made the Resolve conformable thereto which we now send for your concurrence.

Sam Ashe, S. S.

Received from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House in favor of Capt. Caswell and Major Walker together with their petition.

A. Nash, S. C.

Received the resolve above referred to which being read was concurred with.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a Resolve of this House in favor of Mr. Charles A. Forbes.

S. Ashe, S. S.

Rec'd at the same time the resolve.

Endorsed in the Senate 23 Dec., 1777, read and concurred with.

Sam Ashe, S. S.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return you a resolve of your House in favor of Mr. Charles Forbes. Concurred with by this.

Sam Ashe, S. S.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Mr. Person and Mr. Hooper a committee

-------------------- page 251 --------------------
to act jointly with such gentlemen of the Senate as shall be appointed for that purpose to take into consideration the allowances made to His Excellency the Governor, Council of State, Secretarys, Treasurers, Delegates of this State in Congress and Mr. James Robertson, Superintendent of Indian affairs, and for that purpose have referred the resolve of your House in their favor to said committee.

A. Nash, S. C.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have appointed Gen. Rutherford, Mr. Maclaine and Mr. Coor a committee to act with the committee appointed by your House to take into consideration sundry matters, &c., as mentioned in your message.

S. Ashe, S. S.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We have received your resolve relative to Capt. Caswell and Major Walker with which we concur, and on reconsidering the resolve of the 20 Nov., entered into by your House and concurred with by the Senate relative to the resignation of the officers of the Continental Army furnished by this State, we are of opinion that it will not answer the salutary purposes intended thereby and therefore propose rescinding it.

S. Ashe, S. S.

Ordered a Bill to amend an act intitled an act for declaring what crimes and practices against the State shall be treason and what shall be misprision of treason and providing punishments adequate to the crimes of both classes and for preventing the dangers which may arise from persons disaffected to the State, be read, read the third time and passed.

Ordered to be engrossed.

A Bill to enable the Governor to send an aid from the Militia to oppose the enemies of the United States if the same shall be requested by Congress, be read, read the third time and passed,

Ordered to be engrossed.

Mr. Hart dissentient.

-------------------- page 252 --------------------

A Bill for confiscating the property of all such persons as are inimical to the United States and of such persons as shall not within a certain time therein mentioned, appear and submit to this State whether they shall be received as citizens thereof and of such persons as shall so appear who shall not be admitted as citizens and for other purposes therein mentioned, be read, read the third time in both Houses.

Ordered to be engrossed.

On motion ordered that the Yeas and Nays be taken on passing the above Bill.

Yeas.
Elisha Battle
Benj. Exum
Robert Sumner
Ralph Gorrell
James Coor
James Sanders
Robert Salter
David Lowrie
John Spicer
John Gray
A. Maclaine
Luke Sumner—12.
Nays.
Memucan Hunt
Ambrose Ramsey
John Carter
Charles M'Laine
Griffith Rutherford
Benjamin Seawell
James Kenon
Charles M'Dowell
Michael Rogers—9.

Rec'd from the House or Commons the following message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House impowering the Justices of the Peace for Nash County to meet and qualify before the time of holding a Court in April next, &c., &c.

A. Nash, S. C.

At the same time received the resolve.

Endorsed in the Senate, 23rd Dec., 1777, read and concurred with.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the resolve of your House impowering the

-------------------- page 253 --------------------
Justices of the Peace for Nash County to meet and qualify before the time of holding Court in that County.

Concurred with.

Sam Ashe, S. S.

Adjourned till 9 o'clock to-morrow.


Wednesday, 24th Dec., 1777.

The House met according to adjournment.

Received from the House of Commons the following Message:

We herewith return the resolve of your House impowering the Commissioners appointed to sell the Iron works in Chatham County to sell and dispose of so much of the unappropriated lands adjacent thereto as may be necessary to supply said Iron Works with the necessaries therein mentioned.

Concurred with by this House.

A. Nash, S. C.

Mr. Speaker & Gentlemen of the Senate:

This House concur with yours in the proposed amendments in their resolve to the quantity of powder to be kept in each Garrison and have made the same conformable.

A. Nash, S. C.

Mr. Maclaine from the Committee appointed to report what allowances are necessary to be given to the Governor, Secretary, Council of State, Treasurers, Delegates in Congress and the Superintendent of Indian Affairs have come to the following resolutions:

Resolved that the Governor have the yearly salary of £2000, to commence from this time. That the Secretary have from this time at the rate of £2000 yearly. That the members of Council of State have for the future at the rate of 40s per day for every day they shall attend on the public service. That the Treasurers for the future be allowed the sum of six hundred pounds yearly. That the Superintendent of Indian Affairs be allowed the yearly sum of four hundred pounds. That each of the delegates from this State in the Continental Congress be paid the yearly sum of £1600, each.

Ordered the following Message be sent to the House of Commons:

We herewith send for your concurrence the report of the Joint

-------------------- page 254 --------------------
Committee appointed to take into consideration the salaries which for the future it will be necessary to allow the several State Officers.

Concurred with by this House in every respect except the allowances to the delegates, which we propose to fix at fifteen hundred pounds per annum.

Sam Ashe, S. S.

The engrossed Bills passed in both Houses.

1. A Bill for laying a tax for the year 1778.

2. A Bill for directing the method of appointing Jurors in all causes, civil and criminal.

3. A Bill for laying a tax for defraying the contingencies for the several counties in this State and other purposes, &c.

4. A Bill for dividing Edgecombe County and other purposes therein mentioned.

5. A Bill for building a Court House in the Town of Salisbury, for the district of Salisbury.

6. A Bill for erecting a prison in the Town of Edenton for the use of the district of Edenton.

7. A Bill for the ease and convenience of the Militia on the West side of Newport in Carteret County.

8. A Bill for adding part of Anson County to Bladen.

9. A Bill for the regulation of the Town of Edenton.

10. A Bill for erecting Washington district into a County by the name of Washington County.

11. A Bill to facilitate the navigation of Port Currituck.

12. A Bill to regulate the pilotage of Cape Fear and Ocracock Bars and the rivers leading from the same to Brunswick, Wilmington, Newbern, Bath and Edenton,

13. A Bill to prevent burning the woods.

14. A Bill for the better regulation and ease of the Militia in the lower end of Hyde County.

15. A Bill to prevent abuses in taking up stray horses, cattle, hogs, sheep and other things therein mentioned.

16. A Bill for laying a tax to defray the expense of the public Buildings in the County of Bertie and other purposes therein mentioned.

17. A Bill for making provision for the poor and for other purposes.

-------------------- page 255 --------------------

18. A Bill to enforce such parts of the Statute and Common Laws as have been heretofore in use here and the acts of the Assembly, made and passed when this territory was under the Government of the late proprietors and the Crown of Great Britain and for revising the several acts therein mentioned.

19. A Bill to ratify and confirm an act intitled an act for the regulation of the Town of Wilmington, also to revise an act intitled an act to amend an act for the regulation of the Town of Wilmington.

20. A Bill for establishing fairs in the Town of Wilmington, in New Hanover County.

21. A Bill for appointing naval officers in the different ports in this State and directing their duty in office.

22. A Bill for establishing a Loan Office in this State.

23. A Bill for appointing Commissioners to lay off and mark a road from the Court House in the County of Washington through the mountains into the County of Burke.

24. A Bill for altering the name of John Gilliard to the name of John Ister.

25. A Bill to impower the Court of Admiralty of this State to have jurisdiction in all cases of capture of the ships and other vessels of the inhabitants and subjects of Great Britain and to establish a trial by jury in the said court in cases of capture.

26. A Bill to amend an act passed the last session of this Assembly intitled an act 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.

27. A Bill for erecting part of the County of Surry and part of the district of Washington into a separate and distinct County by the name of Wilkes.

28. A Bill for adding part of Brunswick County to Bladen and a part of Bladen to Brunswick.

29. A Bill to encourage the building of public mills and directing the duty of millers.

30. A Bill for adding part of the County of Duplin to Johnston.

31. A Bill for securing lots in Elizabeth Town in Bladen County.

32. A Bill to ratify an act for the regulation of Newberne, &c., &c., &c.

-------------------- page 256 --------------------

33. A Bill impowering Commissioners to build a prison and stocks in the county of Duplin and other purposes therein menmentioned.

34. A Bill for establishing the salaries of the Justices of the Superior Courts and the Attorney General.

35. A Bill for ascertaining the oath of allegiance and abjuration.

36. A Bill to encourage the destroying of vermin in the several counties of this State.

37. A Bill for amending an act intitled an act for levying a tax by assessment and other purposes passed the last session of this assembly.

38. A Bill to impower the courts of the Counties of Tryon and Guilford to levy a tax by assessment for finishing the court house, prisons and stocks in the said counties and also to impower the several Counties in the District of Wilmington to levy taxes for building a district gaol and jailor's house in the town of Wilmington and other purposes.

39. A Bill to improve the staple of tobacco and prevent frauds. Sent to the Commons.

40. A Bill for establishing Courts of Law and justice, &c.

41. A Bill for opening the land office.

42. A Bill for confiscating property, &c.

43. A Bill for appointing Sheriffs and directing their duty in office and for obliging the late sheriffs and collectors of public monies who are in arrears to account for and pay the same and other purposes.

Received from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House concur with yours in the proposed amendments in their resolve relative to the removal of the military stores and have made the same conformable.

A. Nash, S. C.

Mr. Speaker and Gentlemen of the Senate:

This House cannot concur with yours in rescinding the resolve of the Assembly relative to the resignation of officers.

A. Nash, S. C.

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House

-------------------- page 257 --------------------
Appointing Mr. Thomas Harvey a commissioner for certain purposes therein mentioned.

A. Nash. S. C.

Received the resolve at the same time endorsed, in the Commons, 24 Dec., 1777, read and concurred with.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons.

We herewith return a resolve of your House appointing Mr. Thomas Harvey for purposes therein mentioned.

S. Ashe, S. S.

On motioned resolved that the Governor for the time being be and he is hereby impowered to make such additional Allowance to the wages of the seamen of the ship Caswell as may be sufficient to induce men to enter into the service so that such allowance does not exceed twenty dollars per month to each man and that he be further impowered to give the commander of the said ship such assistance as may be necessary and he shall think proper.

Ordered the above resolve with the following Message be sent to the House of Commons:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith send for your concurrence a Resolve of this House for allowing a Bounty to seamen, &c.

S. Ashe, S. S.

A list of Bills engrossed.

44. A Bill to regulate and ascertain the fees of Clerks in the Superior and County Courts, Justices of the peace, and Attorneys in this State and directing the method of paying the same.

45.
Bills kept in the House of Commons and not sent with the rest.
46.
47.
48.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have received your Message with the report of the committee of allowance &c., to the Governor, Secretary and Council of State but we cannot concur in the allowance proposed by you for the continental delegates, the Treasurers and Superintendent

-------------------- page 258 --------------------
of Indian affairs, but propose that the delegates be allowed at the rate of £1600 per annum from this time, the Treasurers the sum of five hundred pounds per annum and the Superintendent of Indian affairs at the rate of £300 per annum to commence from the date of his appointment by the Indian Commissioners.

A. Nash, S. C.

Ordered the following Message be sent to the House of Commons:

This House agree to allow the delegates the sum of sixteen hundred pounds per annum, the other parts of the report we adhere to.

S. Ashe, S. S.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House in favor of Darcey Fowler.

A. Nash, S. C.

Received the resolve and concurred with the same.

S. Ashe, S. S.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return your resolve in favor of Darcey Fowler.

Concurred with by this House.

S. Ashe, S. S.

Ordered the following Message be sent to the House of Commons:

We herewith return the resolve of your House appointing Mr. Willie Jones, Mr. Thomas Person and Mr. Green Hill for certain purposes therein mentioned.

Concurred with by this House.

Sam Ashe. S. S.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House in favor of Charles McAnaly.

A. Nash, S. C.

Received at the same time the resolve above referred to.

-------------------- page 259 --------------------

Endorsed in the House of Commons Dec. 24, 1777.

Read and concurred with.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return you the resolve of your House in favor of Mr. Charles McAnaly.

Concurred with.

Saml Ashe, S. S.

Received from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

Received from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House cannot recede from their proposed allowance to Mr. Robertson, the Superintendent of Indian Affairs.

A. Nash, S. C.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House agree that Mr. Robertson, Superintendent of Indian Affairs, be allowed agreeable to the Message of your House relative thereto.

S. Ashe, S. S.

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

Mr. Speaker & Gentlemen of the Senate:

We propose that in a resolve which had the assent of your House this session relative to impowering Thomas Craike to purchase blankets, &c., in Charlestown, the following amendments take place: That the said Thomas Craike shall be impowered to borrow money out of the Loan Office in case there shall not be sufficient in the public Treasury to answer the sum which he is impowered to take up for the above purpose.

A. Nash, S. C.

Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We have received your Message proposing an amendment to the

-------------------- page 260 --------------------
resolve of the Genl. Assembly directing Mr. Craike to purchase blankets, &c., in Charlestown and agree thereto.

Sam Ashe, S. S.

Resolved that the next General Assembly do meet on the first Monday in April next, at the town of Newberne, agreeable to the vote of the present Assembly.

Ordered the above resolve with the following Message be sent to the House of Commons for concurrence:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House relative to the meeting of the next Genl. Assembly.

Sam Ashe, S. S.

Read the Memorial of Col. Luttrell, setting forth the impracticability of his being able to send this State any material service in a military capacity, and therefore praying that the resolve of the Genl. Assembly relative to the resignation of officers of the Continental Army furnished by this State, might not, in case of his resignation, operate against him. The House taking said Memorial into consideration, resolved that the prayer thereof be granted.

Ordered that the above resolve with the following Message be sent to the House of Commons for concurrence:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a Resolve of this House in favor of Col. Luttrell together with his Memorial.

Sam Ashe, S. S.

Received from the House of Commons the following message:

Mr. Speaker and Gentlemen of the Senate:

We concur with your resolve in favor of Mr. Luttrell.

A. Nash, S. C.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the resolve of your House allowing a bounty to seamen, &c., concurred with.

A. Nash, S. C.

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

Mr. Speaker and Gentlemen of the Senate:

We do not perceive that you have made the resolve of your

-------------------- page 261 --------------------
House relative to the treaty of the Cherokees agreeable to the Message of this House in answer to the former Message from your House on that subject. It is the sense of this House that a treaty may be held but no line run before the next Session of the General Assembly, and that in all public writings and instruments, the lands divided from the rest of this Territory for the peculiar use of Indians, should be denominated their hunting grounds, pursuant to the provision of the Constitution.

A. Nash, S. C.

Resolved, that His Excellency the Governor be requested to appoint and commissionate proper persons to hold a treaty with the Indians inhabiting the Towns in the Middle Settlements and Valley, and that the Governor be impowered to draw on either of the Treasurers of this State for a sum not exceeding one thousand pounds to enable the Commissioners to hold said treaty.

Sam Ashe, S. S.

Ordered that the above resolve with the following Message be sent to the House of Commons for Concurrence:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith send for your concurrence a Resolve of this House relative to holding a treaty with the Indians, &c.

Sam. Ashe, S. S.

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

Mr. Speaker & Gentlemen of the Senate:

We herewith return the resolve of your House impowering the Governor to appoint Commissioners to treat with the Iudians, &c.

Concurred with by this House.

A. Nash, S. C.

Received from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House for holding an election in March next.

A. Nash, S. C.

Received the resolve referred to in the above Message, which

-------------------- page 262 --------------------
being read, Ordered the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We cannot concur with your resolve for holding the next election.

A Bill for regulating elections, in which as we conceive are many salutary regulations, has passed a third reading in this House, and now lies before you for your approbation. If you should think proper to reject it, we have not anything to charge ourselves with, having in every respect discharged our duty to our constituents, and are still ready to consent to your proposed alterations, if the Continental Delegates and the officers of the Courts of Admiralty and Courts of Equity are excluded from seats in the General Assembly.

Sam Ashe, S. S.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the resolve of your House appointing the time for the next Assembly to meet.

Concurred with.

A Nash, S. C.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House relative to the delegates in Congress.

A. Nash, S. C.

Received the resolve referred to in the above Message which being read,

Ordered that the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We have received your Message and resolve investing the delegates from this State to the Continental Congress with certain powers therein mentioned, without which we do not think proper to concur.

Sam Ashe, S. S.

It appearing by the petition of Capt. John Sheppard that sundry persons living near Ocracock Bar have unlawfully possessed themselves

-------------------- page 263 --------------------
of a large quantity of goods, the property of said Sheppard, and part of the cargo of the Scow Diamond lately wrecked there, therefore in order to prevent such practices and punish the perpetrators agreeable to the Laws of this State,

Resolved, that His Excellency the Governor be requested to issue a proclamation offering a reward of fifty pounds to any white freeman who will on oath inform the Attorney General of this State of the names and places of abode of all or any of the aforesaid persons.

Sam Ashe, S. S.

Ordered the above Resolve together with the following Message be sent to the House of Commons for concurrence:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House in favor of Capt. Sheppard.

Sam Ashe, S. S.

Rec'd from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the resolve of your House in favor of Capt. John Sheppard.

Concurred with.

A. Nash, S. C.

Received from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We propose that those sections of the Articles of Confederation that were agreed to be ratified in Congress should be fairly transcribed and signed by the speakers of both Houses of this Absembly and transmitted to Congress by Mr. Burke to be there ratified, &c.

A. Nash, S. C.

Ordered the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We have received your Message proposing that those sections of the Articles of Confederation that were agreed to be ratified in Congress should be fairly transcribed and signed by the Speakers of both Houses of this Assembly and transmitted to Congress by Mr. Burke, to be there ratified, with which we concur.

Sam Ashe, S. S.
-------------------- page 264 --------------------

Resolved that the thanks of this House be given to the Hon. Sam'l Ashe, Esq., for his diligent and able discharge of the many and important services attending his appointment as Speaker thereof.

The business of the Session being ended, resolved that Mr. Speaker and the Clerk sign the journals as the acts of the Senate.

Sam Ashe, S. S.
H. Irwin Toole, Clk.

Delivered to Mr. Neale a Bill to engross appointing sheriffs, &c.; delivered to Mr. Smith a Bill for levying additional tax, received; delivered to Mr. Smith a Bill for directing the method of appointing jurors, &c.; delivered Mr. Smith a Bill for levying a tax by assessment. Received Confiscation Bill Mr. Snead. Sending an aid of Militia, Snead. A Bill declaring what crimes are treason and what are misprision of treason.