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Colonial and State Records of North Carolina
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Minutes of the North Carolina Senate
North Carolina. General Assembly
April 14, 1778 - May 02, 1778
Volume 12, Pages 549-654

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SENATE JOURNAL.


April 14th, 1778.

At a General Assembly begun and held in New Bern on the fourteenth day of April in the year of our Lord one thousand seven hundred, and seventy eight, and in the second year of our independence, it being the first Session of the Assembly.

The returning officers of the several Counties certified that the following persons were duly elected members of the Senate for one year, to-wit:

For the County of Craven, James Coor; New Hanover, John Ashe; Granville, Robert Harris; Bute, Edward Jones; Bladen, Thomas Owen; Tyrrel, Jeremiah Frazier; Dobbs, Benjamin Exum; Bertie, Zedekiah Stone; Hyde, William Russell; Chowan Luke Sumner; Hertford, Robert Sumner, Edgecombe, Elisha Battle; Surry, William Sheppard; Beaufort, Thomas Respass; Martin, Whitmel Hill; Halifax, Oroondates Davis; Wake, Michael Rogers; Rowan, Griffith Rutherford; Caswell, James Saunders; Onslow, Henry Rhodes; Carteret, William Thompson; Mecklenburg, Robert Irwin; Washington, Charles Robertson; Pursuant to which the following members to-wit:

James Coor, John Ashe, Robert Harris, Edward Jones, Thomas Owen, Jeremiah Frazier, Benjamin Exum, Zedekiah Stone, William Russell, Luke Sumner, Robert. Sumner, Elisha Battle, William Sheppard, Thomas Respass, Whitmel Hill, Oroondates Davis, Michael Rogers, Griffith Rutherford, James Saunders. Wm. Thompson, Henry Rhodes, Robert Irwin, Charles Robertson, appeared agreeable to law and took their seats.

Col. Robt. Harris proposed for Speaker Whitmel Hill, Esq. who was unanimously chosen and placed in the Chair accordingly.

The House then proceeded to the choice of clerks, when John Sitgreaves was appointed Clerk & John Haywood Assistant.

Mr. William Murphy, & William Risney Murray were appointed door keepers.

Then the House adjourned till tomorrow morning 9 o'clock.

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Wednesday, 15th April.

The House met according to adjournment.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

The House inform you that they are ready to proceed on public business.

John Williams, S. H. C.

Mr. Harris moved that the following Rules be adopted to be observed in this House, to-wit:

1. When the Speaker is in the Chair, every Member may sit in his place with his head covered.

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

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

4. When any member intends to speak, he shall stand in his place uncovered and address himself to the Speaker, but shall not proceed to speak until permitted so to do by the Speaker, which permission shall be signified by naming the member.

5th. When any member is speaking no other shall stand or interrupt him, but when he has done speaking and has taken his seat any other may rise, observing the Rule.

6th. When the Speaker desires to address himself to the House he shall rise and be heard without interruption and the member then standing shall take his seat.

7th. If more than one member attempt to speak at any time, the Speaker shall determine who was first up.

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

9th. No member speaking to be disturbed by coughing, spitting, conversation, or otherwise, and whoever by speaking, hissing, or in any other manner, wilfully or carelessly, disturbeth or interrupteth

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any member on the floor, he shall answer it at the bar, and be liable to be censured by the Speaker.

10th. He that digresseth from the subject in debate to fall on the person of any member, shall be suppressed by the Speaker.

11th. Exceptions taken to offensive words, to be taken the same day they shall be spoken, and before the member who spoke them shall go out of the House.

12th. Whatever is spoke in the House may be subject to the censure of the House.

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

14th. No Bill shall be read twice the same day unless upon some pressing emergency, when the good or safety of the State may make it necessary.

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

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

17th. No question shall be put on any motion unless seconded.

18th. Every member making any motion that is not of course, shall, before making such motion reduce the same to writing.

19th. If there should be an equality of votes for or against any question, the Speaker shall declare whether he be a yea or a nay, but shall not in any other case give his vote.

20th. No member shall depart the service of the House without leave first obtained and signified by the Speaker, nor having leave shall he stay longer than the time limited under penalty of forfeiting his pay as a member and being liable to be sent for to undergo the further censure of the House.

21st. Upon an adjournment no member shall presume to move until the Speaker arises and goes before.

Which being read was agreed to.

On motion, ordered that the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

The House inform you that they are ready to proceed on public business.

W. Hill, S. S.
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On motion, Resolved, that Mr. Thomas Owen, in behalf of Messrs. Wm. McRee and George Brown, commissioners appointed by the last Assembly for making sale of the effects of certain tories in Bladen County do pay into the public Treasury of this State the sum of seventy-eight pounds one shilling, it being the net proceeds of said effects.

Ordered that 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, directing Mr. Thomas Owen, in behalf of Messrs. Wm. McRee and George Brown, commissioners appointed by the last Assembly to pay into the public Treasury of this State a certain sum of money therein mentioned; together with a letter from this Mr. McRee.

W. Hill, S. S.

On motion, resolved, that the following Message be addressed to His Excellency the Governor and sent to the Commons for concurrence.

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

Sir:—

The two Houses of the General Assembly being now formed, acquaint your Excellency that they are ready to take under consideration such Dispatches and other matters as are necessary to be laid before them.

W. Hill, S. S.

On motion, resolved that Mr. Rhodes, Mr. Owen, Mr. Thompson, General Rutherford and Mr. Shepperd be a Committee of Public Claims, and that Mr. Ashe, Mr. Davis, Mr. Coor and Mr. Exum be a Committee of Accounts, to act with such gentlemen as may be appointed by the House of Commons.

Ordered that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have appointed Mr. Rhodes, Mr. Owen, Mr. Thompson,

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General Rutherford and Mr. Shepperd to act with such gentlemen as you may appoint as a committee of claims, and Mr. Ashe, Mr. Davis, Mr. Coor and Mr. Exum as a Committee of Accounts.

W. Hill, S. S.

Mr. Jesse Eason, member of the County of Perquimans, appeared, qualified agreeable to law, and took his seat.

On motion of Mr. Owen the House resolved itself into a Committee of the Whole to take into consideration the legality of Mr. Jesse Eason's holding a seat in the House, he having accepted of the office of entry-taker in Perquimans County, and chose Mr. Luke Sumner, Chairman, and after some time spent therein, Mr. Speaker resumed the chair, and Mr. Chairman reported that the committee had come to the following resolution on the matter referred to:

That it is the opinion of the committee that Mr. Eason should not be admitted to a seat in this House.

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

On motion, resolved, that Mr. John Devane be directed to deliver to John Atkins a waggon which was taken from him at Moore's Creek, the said Atkins first producing a receipt from the Treasurer for twenty-six pounds, which was the allowance made by the public to the said Atkins for his waggon.

Ordered that 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 directing Mr. John Devane to deliver John Atkins, on certain conditions, a waggon therein mentioned.

W. Hill, S. S.

On motion, ordered that a Writ of Election issue to the County of Perquimans to elect a Senator for the said County in the room of Mr. Jesse Eason, whose seat is vacated by acceptance of the the office of Entry taker, and that the said election be held on the 22nd of July next.

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Received from the Commons the following message:

Mr. Speaker and Gentlemen of the Senate:

This House have received and considered the message and resolve of yours empowering Mr. Owen to pay a certain sum therein mentioned into the public Treasury, with which this House concur.

John Williams, S. C.

At the same time received the Resolve of this House referred to in the above Message.

Endorsed in the House of Commons, 15 April, 1778.

Concurred with.

Jno. Williams, S, C.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Message and addressed to His Excellency the Governor.

Concurred with.

Jno. Williams, S. C.

At the same time received the Message referred to in the above.

Endorsed in the House of Commons, 15 April, 1778.

Concurred with.

Jno. Williams, S. C.

Received from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have received the message of yours, appointing a committee of claims and accounts, to act jointly with such gentlemen of this house as should be appointed; and have on their parts appointed Mr. Benbury, Mr. Courtney, Mr. McCauley, Mr. Miller, Mr. John Williams of Caswell, Mr. James Hunter, Mr. Clark, Mr. Bryan, Mr. Easton, Mr. Mayo, and Mr. Webb, as a committee of claims; and Mr. Tillman, Mr. Hawkins, Mr. James Williams, Mr. Richard Cogdell, Mr. Cobb, Mr. Cain, Mr. Brooks, Mr. Baker

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and Mr. Whitaker as a committee of discounts, to act jointly with the gentlemen by you appointed for those purposes.

Jno. Williams, S. C.

Mr. Ashe moved for leave to bring in the Bill for calling in the different Denominations of paper currency emitted under the late Government.

Ordered that he have leave accordingly.

Mr. Rogers moved for leave to prepare and bring in a Bill to compel the late commanding Officers of the militia within this State to pay to the present commanding Officers all the fine money in their hands.

Ordered that he have leave.

It appearing to this House by the affidavit of Mr. McRee, that Mr. Peter Mallett hath possessed himself of a quantity of Flour and Molasses, supposed to be the property of Mr. McArthur, whose effects should have been sold for the use of this State, agreeable to Resolve of the last General Assembly, and it being necessary to make an enquirey into all such transactions,

Resolved, that the Clerk of this House be directed to prepare a book for the purpose of entering and taking an ac't of all Monies or other things which may appear to be in the possession of any person belonging to the public: and that the accounts in the said Book be laid before the Committee of accounts at every future Genl. Assembly.

Then the House adjourned till tomorrow morning at 9 o'clock.


Thursday, 16th April.

The House met according to adjournment, at the same time received from the Commons the following Message and Resolve:

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 order such supplied of lead to the Northward as he may judge necessary.

Jno. Williams, S. C.
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Resolved that it be recommended to his Excelency, the Governor, to order such supplies of lead from this to the Northward for the use of the Continental Army, as he may judge necesary out of the Continental Stores, if there be sufficient thereto belonging, but if not, out of the Stores belonging to this State.

The House taking the said resolve into consideration concurred therewith.

Ordered that 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 the State's supplying the continental army with a quantity of lead.

Concurred with.

W. Hill, S. S.

Received by way of the House of Commons the following Message from His Excellency the Governor together with the letter therein mentioned to the Honorable the General Assembly:

Gentlemen:

This accompanies a letter I this day received from Col. Long with the copy of a letter from Col. Finnie, Deputy Quarter Master General in Virginia to him, by which you will observe a quantity of lead is expected to be sent from this State for the use of the Grand Army and that Col. Long is sending waggons here to receive the same.

On examining the Commissaries return of store, I find there is not a sufficient quantity of lead to load the waggons, from hence. That there is upwards of 45,000 in the several magazines belonging to this State, of which 6,017 is at Kingston and 1023 at Halifax, the last two quantities I apprehend will be as much as Col. Long will be able to furnish waggons to carry and whether you will think proper to direct that the United States be supplied with the same is submitted to your consideration.

Richard Caswell.

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New Bern, 15th April, 1778.

Mr. Ashe laid before the House a petition from Cleman Crookee, setting forth that Mr. Jeremiah Frazier, who was elected a Senator for Tyrrel County is not legally entitled to a seat in this House, he not being possessed of a sufficient free hold and praying that a new writ of election may issue for electing a member of the Senate for the said County in the room of Mr. Frazier, which being read and considered, was rejected, the Allegation set forth in the petition not being sufficiently supported.

Mr. Battle moved for leave to bring in a Bill to establish Rules to be observed in celebrating of matrimony.

Ordered that he have leave.

Mr. Battle presented the said Bill which he read in his place and delivered in at the table where it was again read by the Clerk, passed the first time and ordered to be sent the Commons.

Sent by Mr. Battle and Mr. Sumner.

Mr. Ashe moved for leave to bring in a Bill for the ease and convenience of the Militia of New Hanover County.

Ordered that he have leave.

Mr. Ashe presented the said Bill which he read in his place and delivered in at the table where it was again read by the Clerk, passed the first reading and ordered to be sent to the House of Commons.

Sent by Mr. Ashe and Mr. Russell.

Mr. Harris moved for leave to bring in a Bill for erecting and building slopes to mill dams across Tar River and for other purposes.

Ordered that he have leave.

Mr. Harris presented the said Bill which he read in his place and delivered in at the table where it was again read by the Clerk, passed the first time and ordered to be sent to the Commons.

Sent by Col. Harris and Col. Rhodes.

Mr. Rogers sent a Bill to compel the late officers of the militia in this State to account for and pay to the succeeding commanding officers all money in their hands arising from the fines of delinquents, which he read in his place and delivered in at the table,

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where it was again read by the Clerk, passed the first time and ordered to be sent to the Commons.

Sent by Mr. Rogers and Mr. Robertson.

Received by way of the House of Commons the following message from his Excellency, the Governor, together with Sundry Resolves of Congress, and other papers therein mentioned:

To the Honorable, the General Assembly,

Gentlemen:

Herewith you will receive sundry Resolutions of Congress, letters from General Washington, a letter from Brigadier General McIntosh, with a return of North Carolina Brigade, and sundry other public letters and papers, which have come to hand since the rising of the last General Assembly. The very important matters recommended in those papers, and the delay occasioned by my not having it in my power to lay them before the Legislature sooner, will point out the necessity of lodging power somewhere of summoning that body (in case of emergencies) to attend at a shorter day than that to which it may be adjourned.

I have directed the Journal and proceedings of the Council of State to be laid before you. And although I have complied with the advice of the council in the several matters by that board recommended since the last Assembly, yet it becomes necessary that I inform you particularly how far I have in some instances to enable you to judge of the propriety of the measures and from your own determination in respect to them.

I have appointed a Lieutenant of the guard at Kingston, furnished him with a warrant on the Treasury for money sufficient to enable him to enlist the number of men directed by the General Assembly, procured Arms & Clothing for the guard and appointed a person to furnish provisions. An acct. of the Arms, Clothing and Provisions, with the Officers return of Stores and Men, shall be laid before you. As no person applied or was recommended to be appointed Lieutenant of the guard at Halifax, I frequently wrote Gen. Jones on the subject and enclosed him a commission to be filled up to a proper person to command the guard and requested him to contract with some person to furnish provisions but am not yet fully informed how far he has proceeded, in the

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course of the Session, I hope to be able to give you the fullest information in respect to that Guard. A pretty large quantity of Clothing has been purchased and the greater part forwarded to the Clothier General of the Continental Army for the use of the troops raised in this State. Among the goods forwarded are sundry, very useful and necesary articles which were taken by order of two of the Justices of Craven county as the property of Messrs. Savage and Westmore, the service claimed by one Mr. O'Connor. The measures which was taken in this case can only be justified from the necesity of it, and as they were adopted purely for the public good, I flatter myself they will be approved by the General Assembly. The invoice of those goods with the other papers relating thereto, shall be laid before you to the end that a proper allowance be made to the persons from whom they were taken.

Two of the Gentlemen appointed Commissioners in conjunction with the Commissioners of Virginia and Maryland to regulate and ascertain the prices of labor, manufactures, internal produce and commodities imported from Foreign parts, and also to regulate the charges of freeholders proceeding to Fredericksburg, Virginia, where together with the Commissioners of that State, they entered on the business recommended to them by Congress and came to some resolutions thereon, which they have reported to me. Those resolutions I now lay before you for your consideration.

Commissioners have been appointed to hold a treaty with the Indians inhabiting the towns in the middle settlements and valleys but the time since the commission was sent up has not been sufficient, I apprehend to enable the Commissioners to complete that service. If any report is made to me by them in the course of the session I shall lay the same before you.

6640 pounds weight of cannon powder has been purchased for the public since the last Assembly, and lodged in the magazine at New Bern. The cost thereof with the charges shall be laid before you.

A letter from the Governor of Virginia of the 23rd of February respecting the ship Caswell was delivered me a few days ago and a pay roll of the crew belonging to the said ship with the Captain's remarks on the usefulness of a tender. These I also lay before you for consideration and think it necessary to acquaint you that Captain

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Wilson informed me he had one hundred and forty five men on board the said ship and that the ship was properly fitted to proceed to Ocracock Bar and waited my orders. But as I am not fully acquainted with the contract made by the Commissioners of this State with the State of Virginia in respect of the two galleys said to be built at the joint expence of the said States I could not tell how far I might be justifiable in giving Capt. Wilson orders, therefore only advised him to proceed with his ship immediately to Ocracock and protect the trade in the best manner in his power until he heard further from me and that in the mean time I would lay this business before the Legislature. The defenceless condition of Ocracock and the recent behaviour of the enemy there shew the necessity of a speedy determination in the measures you shall think proper to take.

R. Caswell.


New Bern, 15th April, 1778.

Received from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House has had under consideration sundry resolutions of Congress, letters, ets., etc., which have been transmitted to His Excellency, the Governor, since the rising of the last Assembly, which we propose referring to a Joint Committee of both Houses and for that purpose have on our parts appointed Mr. Benbury, Mr. Jones, Mr. Tillman, Mr. Bryan, Mr. James Williams, Mr. Mitchell and Mr. Hawkins, a Committee.

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

Mr. Speaker and Gentlemen of the House of Commons:

This House has received your Message accompanied with sundry resolutions of Congress, letters, etc., etc., and a Message from His Excellency the Governor, and have appointed Mr. Speaker, Mr. Stone, Mr. Rogers, Mr. Luke Sumner, Mr. Irwin, Mr. Saunders, Mr. Jones, Mr. Frazier, to act with the gentlemen appointed by your House to take the above mentioned papers into consideration.

W. Hill, S. S.
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Received from the House of Commons the following Bills:

A Bill for building a Court House in the town of Hillsboro, for the district of Hillsboro.

A Bill for erecting and building slopes to Mill Dams across Tar river and for other purposes.

A Bill to compel the late officers of the militia in this State to account for and pay to the succeeding commanding officers all monies in their hands arising from the fines of delinquents.

A Bill for the ease and convenience of the militia of New Hanover County.

A Bill to establish rules to be observed in celebrating of matrimony.

Endorsed in the House of Commons, 16th April, 1778.

Read the first time and passed.

On motion ordered that the Bill for building a Court House in the town of Hillsboro, for the District of Hillsboro, be read, read the same the first time and passed and ordered to be sent to the Senate.

Sent by Mr. Ashe & Mr. Saunders.

On motion ordered that Mr. Oroondates Davis be added to the Committee for taking into consideration the resolutions and other papers received from His Excellency.

Received from the House of Commons a Bill to impower the County Court of each County in this State, to take into their possesion the records belonging to each respective Court.

Endorsed in the House of Commons, 16th April, 1778.

Read the first time and passed.

Mr. Ashe according to order, presented the Bill to call into the public treasury the residue of all the proclamation money emitted under the sanction of the late Government & other purposes which he read in his place and delivered in at the table where it was again read, passed the first time, and ordered to be sent to the House of Commons.

Sent by Mr. Battle and Mr. Exum.

Then House adjourned until tomorrow morning 9 o'clock.

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Friday, 17 April, 1778.

The House met according to adjournment.

Mr. Battle moved for leave and presented a Bill for securing lots in the town of Tarborough which he read in his place and delivered it in at the table where it was again read, passed the first time and ordered to be sent to the House of Commons.

Sent by Mr. Battle and Mr. Exum.

On motion ordered that the Bill to impower the County Court of each County in this State to take into their possession the records belonging to each respective County be read, read the same the first time, passed and ordered to be sent to the House of Commons.

Sent by Mr. Shepperd and Mr. Thompson.

Received from the Commons the following Message.

Mr. Speaker and Gentlemen of the Senate:

This House propose if agreeable to the Senate to Ballot tomorrow at 5 o'clock in the afternoon for a Governor, Council of State, and a Marshal for Port Roanoke, and put in nomination for Governor Richard Caswell Esquire, for Council of State, William Haywood Joseph Leech, Edward Starkey, Thomas Eaton, William Cray, William Taylor, Thomas Bonner, Frederick Jones, John Simpson, John Bradford, Richard Henderson and William Bryan, Esquires for a Marshal for Port Royal, William John Skinner, Esquire.

If you approve of this measure please signify the same by Message.

Jno. Williams, 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 the message of yours proposing that the General Assembly proceed to ballot tomorrow at 5 o'clock for a Governor, Council of State, and Marshal for Port Roanoke, with which we agree, and put in nomination for Governor, Richard Caswell, Esquire; for a Council of State, William Haywood, Joseph Leech, Edward Starkey, William Cray, Thomas Bonner, John Simpson, Richard Henderson, William Bryan, George Moore

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and Robert Bignall; and for a Marshall for Port Roanoke, Wm. John Skinner, Esquire.

W. Hill, S. S.

Received from the House of Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send you the petition of Monsieur Chariole, which this House propose referring to a joint committee, and for that purpose have on our part appointed General Butler, Mr. Jones, Mr. Mallett, Mr. Hawkins, Mr. Rowan, Mr. Benbury, Mr. Johnston, Mr. Courtney, Mr. McCauley and Mr. Davidson a committee to act jointly with such gentlemen of your House as you may appoint.

Jno. Williams, S. C.

At the same time received the petition mentioned in the above message, which was referred to Colonel Thompson, Mr. Coor, Colonel Harris, Mr. Davis, Mr. Stone and Mr. Jones as a committee to act with the gentlemen appointed by the House of Commons.

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

Mr. Speaker and Gentlemen of the House of Commons:

We have received your message proposing that the petition of Monsieur Chariole be referred to a joint committee, with which we agree, and have on our part appointed Mr. Thompson, Mr. Coor, Mr. Harris, Mr. Davis, Mr. Stone and Mr. Jones a committee to act with the gentlemen by you appointed for that purpose.

W. Hill, S. S.

Mr. Battle moved for leave to take out and amend the Bill to establish rules to be observed in solemnizing matrimony.

Ordered that he have leave.

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 His Excellency, the Governor, to issue a proclamation prohibiting the exportation of provisions; also a message from

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His Excellency, the Governor, which induced this House to enter into such resolve.

Jno. Williams, S. C.

At the same time received the message from His Excellency, referred to in the above message, as follows:


New Bern, 17 April, 1778.

To the Honorable, the General Assembly,

Gentlemen:

I have received information that there are sundry vessels loading with provisions in one of the ports of this State, the owner designing as it is suggested to send them immediately out on the expiration of the time mentioned in my proclamation prohibiting the exportation of provisions. And as I do not think myself invested (under the Constitution) with power to renew the proclamation during the sitting of the General Assembly without their direction therein, I take the liberty of acquainting you that the time mentioned in the aforesaid proclamation will probably expire as soon as a proclamation can be sent to the distant parts of this State, if you shall think proper to order such proclamations to issue.

Rich'd Caswell.

Together with the following resolve from the Commons.

On motion, resolved, that His Excellency the Governor, be impowered to issue a proclamtion prohibiting the exportation of provisions.

Jno. Williams, S. C.

Which being read was concurred with.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House impowering His

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Excellency the Governor to issue a proclamation prohibiting the exportation of provisions.

Concurred with by this House.

W. Hill, S. S.

The House adjourned till to-morrow morning 9 o'clock.


Saturday, 18th April, 1778.

The House met according to adjourment.

Received from the Commons the following Bills:

A Bill to prevent the stopping fish in Yadkin River.

A Bill for fortitying Cape Look-out Bay a harbour on the sea coast of this State.

A Bill for establishing a town on the land of Christian Mauney in Tryon County.

Endorsed in the House of Commons, 17th April, 1778.

Read the first time and passed.

Also a Bill for building a Court House in the town of Hillsboro for the District of Hillsboro.

Endorsed in the House of Commons, 10th April, 1778.

Read the second time; amended and passed.

Ordered that the Bill for establishing a town on the land of Christian Mauney in Tryon County, be read, read the same the first time; passed and ordered to be sent to the House of Commons.

Sent by Mr. Sumner and Mr. Frazier.

Ordered that the Bill to prevent the stopping the fish in Yadkin River be read.

Read the same the first time; passed and ordered to be sent to the House of Commons.

Sent by Mr. Frazier and Mr. Sumner.

Mr. Rutherford moved for leave and presented a Bill to regulate and ascertain the officers fees therein mentioned which he read in his place and delivered in at the table where it was again read by the Clerk, passed and ordered to be sent to the House of Commons.

Sent by Mr. Frazier and Mr. Sumner.

Ordered that the Bill for fortifying Cape Look-out Bay and Harbour on the sea coast of this State be read.

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Read the same the first time and passed and ordered to be sent to the House of Commons.

Sent by Mr. Sumner and Mr. Frazier.

Ordered that the Bill for the ease and convenience of the Militia of New Hanover County be read.

Read the same the second time and rejected.

Ordered that the Bill for erecting and building slopes to mill dams across Tar River and for other purposes be read.

The same being read the second time was rejected.

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 Commissioners appointed for manufacturing guns, &c., in the District of Hillsborough to sell the material belonging thereto and account for the same at the next session of General Assembly and also for the money heretofore advanced them on account of such manufactory.

Jno. Williams, S. C.

At the same time received the Resolve referred to in the foregoing Message as follows:

Read the memorial of Ambrose Ramsey, Nathaniel Rochester and William Johnston, Esquire, Commissioners for manufacturing Guns and in the District of Hillsborough appointed for that purpose by the Congress at Halifax in April 1776, and it appearing thereby that there is very little probability of the said manufactorys answering the many good purposes interested.

Resolved, therefore, that the said commissioners be directed to sell such materials, etc., as are now on hand, at public Vendue, and account with the next General Assembly for the money arising from such sale and also for the money heretofore advanced on account of said manufactory.

Jno. Williams, S. C.

Also the Memorial of Ambrose Ramsey, Nathaniel Rochester, and William Johnston Esquires, which being read, was ordered to be filed.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the Resolve of your House, directing the

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Commissioners of the Gun Manufactory in the District of Hillsboro to make sale of the materials thereto belonging, etc., with which we concur.

W. Hill. S. S.

Received from the House of Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrance a Resolve of this House allowing Mr. Benj. Bowery a certain sum therein mentioned.

Jno. Williams, S. C.

At the same time received the Resolve referred to in the above Message, which is as follows:

Resolved, that Mr. Benj. Bowery, Sheriff of Pitt county, be allowed the sum of seven pounds sixteen shillings, for thirty six Insolvent Taxables for the year 1774.

Jno. Williams, S. C.

The same being read was concurred with.

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

Mr. Speaker and Gentlemen of House or Commons:

We herewith return the Resolve of your House, allowing Mr. Benj. Bowery a certain sum therein mentioned, with which we concur.

W. Hill, S. S.

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

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a Resolve of this House, directing the Clerk thereof to prepare a Book for a certain purpose therein mentioned.

Jno. Williams, S. C.

On motion Resolved, that the Clerk of the House of Commons be ordered to prepare a Book to enter the list of taxable property as returned by the different Clerks of each county within this State.

Jno. Williams, S. C.

The same being read was concurred with.

-------------------- page 568 --------------------

Ordered that 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 directing the Clerk thereof to prepare a Book for purposes therein mentioned, with which we concur.

W. Hill, S. S.

On motion of Mr. Ashe, ordered that a writ of election issue to the Sheriff of the County of Brunswick for electing a member to represent the said County in this House, they having neglected to hold an election in the said county, on the day appointed by Law and that the said election be held on the second Monday in May next.

Received from the House of Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you for your concurrence the resolve of this House allowing Mr. James Williams a certain sum therein mentioned.

At the same time received the Resolve referred to in the above Message which being read was rejected.

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

Mr. Speaker and Gentlemen of the House of Commons:

We cannot concur with your Resolve respecting an allowance to Mr. Williams, in the mode you propose, the damage being not ascertained but propose Mr. Oroondates Davis, Mr. Willie Jones, Mr. John Bradford, Mr. John Giddy, Mr. William Martin and Mr. Benjaman McCulloch as commissioners to inspect the Premises and make report to the next General Assembly thereon.

W. Hill, S. S.

Mr. Ambros Ramsey the member for the County of Chatham, Mr. Charles McDowall the member for the County of Burke, and Mr. Neeham Bryan the member for the County of Johnston, Mr. Ralph Gorrell the member for the County of Guilford, qualified agreeable to Law and took their seats.

Mr. Owen moved for leave and presented a Bill for erecting a Fort at the mouth of Cape Fear river which he read and delivered

-------------------- page 569 --------------------
in at the Table where the same was again read, passed and ordered to be sent to the House of Commons. Sent by Mr. Owen and Mr. Exum.

Ordered that the Bill to compel the late officers of the militia in this State to account for and pay the succeeding commanding officers all monies in their hands arising from the fines of delinquents, be read; the same being read the second time, was passed and ordered to be sent to the House of Commons.

Sent by Mr. Owen and Mr. Exum.

Received from the House of Commons a Bill to call into the public Treasury the residue of all the proclamation money emitted under the sanction of the late Government and other purposes.

Endorsed in the House of Commons, 17th April, 1778.

Read the first time and passed.

Mr. Coor, one of the inspectors on the part of this House from the joint balloting of both Houses for electing a Governor and Council of State, reported as follows, viz:

That the inspectors of both Houses met in the Conference Room, and there did take and receive from the members of the Senate and House of Commons the tickets of all the members of both Houses, which were put into a box, and upon examination of the scrolls, it appeared that the following persons were elected, to-wit:

Richard Caswell Esquire, Governor for one year by the unanimous votes of both Houses. Joseph Leech, Thomas Bonner, William Cray, Edward Starkey, Robert Bignall, Richard Henderson and William Haywood, Esquires, a council of State for one year by a majority of the votes of both Houses.

The House taking the said Report into consideration concurred therewith.

The House adjourned till Monday morning 9 o'clock.


Monday, 20, April 1778.

The House met according to adjournment:

Received from the Commons the following Message:

To his Excellency, R. Caswell, Esquire, Captain General, Governor, etc., etc.

Sir:—

The General Assembly having proceeded on Saturday last

-------------------- page 570 --------------------
to the election of a Governor of this State, for the present year by Ballot agreeable to the Constitution, you, Sir, was unanimously elected to fill that important office. Your Excellency is therefore desired to qualify forthwith and proceed in the Execution of the office, as the Law directs.

Jno. Williams, S. C.

At the same time received the report made to the House of Commons respecting the appointing of a Governor and Council.

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

Mr. Speaker and Gentlemen of the House of Commons:

We have received your report respecting the appointment of a Governor and Council of State, which is agreeable to the report made to this House, but as in your Message to the Governor you have omitted mentioning the names of the Councillors, we therefore have sent for your concurrance a Message to His Excellency, the Governor, on that Head, which we offer instead of that proposed by your House.

Wm. Hill, S. S.

Together with the following Message to His Excellency, the Governor.

To his Excellency, Richard Caswell Esquire, Captain General, Governor, etc., etc.

Sir:—

The two Houses of the General Assembly proceded on Saturday last to the appointment of a Governor and Council of State for the ensuing year, when your Excellency was unanimously elected Governor, and Joseph Leech, Thomas Bonner, William Cray, Edward Starkey, Robert Bignall, Richard Henderson and William Haywood Esquires, Councillors of State.

Your Excellency is therefore desired to qualify and proceed in the Execution of that important office.

W. Hill, S. S.

On motion the Bill for building a Court House in the town of Hillsboro, for the District of Hillsboro, was read the second time, passed and ordered to be sent to the Commons.

Sent by Mr. Rogers and Mr. Saunders.

-------------------- page 571 --------------------

Received from the Commons the following Bills:

A Bill to regulate and ascertain the officers therein mentioned.

A Bill for securing lots in the town of Tarboro.

A Bill for erecting a Fort at the mouth of Cape Fear river, endorsed in the House of Commons, read the first time and passed 18th April, 1778. Also a Bill to prevent the stopping Fish in Yadkin River, endorsed in the House of Commons 18th April, 1778, read the second time, amended and passed.

Read the Petition of John Wilcox praying to be put in peaceable possession of his Iron works, etc.

Ordered to lie over for Consideration.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a Resolve of this House, directing Mr. John Sevier to attend on the General Assembly at their next Session, for certain purposes therein mentioned. At the same time received the Resolve referred to in the above Message as follows:

Whereas the Representatives of the County of Washington within this State have suggested to this House that Mr. John Sevier, passed at the last Session of the General Assembly a note to the amount of more money than what he in justice was entitled to receive,

Resolved, therefore, that the said Mr. John Sevier be and he is hereby directed to attend on the General Assembly at their next Session to answer such matters and things as shall then be objected against him respecting said accounts.

Jno. Williams, S. C.

Which being read was concurred with.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the Resolve of your House relative to Mr. John Sevier.

Concurred with.

Wm. Hill, S. S.
-------------------- page 572 --------------------

On motion, Resolved that Mr. Jones, Mr. Coor, Mr. Davis, Mr. Stone, Mr. Exum, Mr. Russell, Mr. Luke Summer, and Mr. Robert Sumner, be a committee of Priveledges and Elections.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We have received the Message of your House, appointing certain commissioners therein mentioned to ascertain the damages which Mr. James Williams has sustained by the Continental Troops, on his buildings in Halifax, and concurred therewith.

Jno. Williams, S. C.

On motion, the Bill to call into the public Treasury the residue of all the proclamation money emitted under the sanction of the late Government and other purposes, was read the second time and rejected.

On motion, the Bill for securing lots in the town of Tarboro, was read the second time, passed and ordered to be sent to the Commons.

Sent by Mr. Battle and Mr. Davis.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We have received the Message which you recommended to be addressed to His Excellency the Governor instead of that recommended by this House and sent for your concurrence, and concur therewith and have appointed Mr. Benbury, on our part, to wait on His Excellency with the same.

Jno. Williams, S. C.

Ordered that Gen. Rutherford be appointed on the part of this House to wait on His Excellency with the above mentioned Message.

On motion, the Bill to prevent the stopping the fish in Yadkin River was read the second time, amended and passed and ordered to be sent to the Commons.

Sent by Mr. Rutherford and Mr. Irwin.

On motion, the Bill for erecting a fort at the mouth of Cape Fear River was read the second time. On nominating the sum that the Commissioners should be impowered to draw for on the Treasury for building said fort, the sum of three-thousand pounds

-------------------- page 573 --------------------
was proposed and seconded which was objected to and fifty-thousand pounds was proposed and seconded. The question being put it was carried for the larger sum.

Then on motion of Mr. Ashe ordered that the Yeas and Nays be taken, which were as follows:

Yeas:
James Coor,
Edward Jones,
Jeremiah Frazier,
Benjamin Exum,
William Russell,
Luke Sumner,
Robert Sumner,
Elisha Battle,
William Sheppard,
Michael Rogers,
Charles Roberson,
James Saunders,
Robert Irwin,
Needham Bryan.
Nays:
John Ashe,
Robert Harris,
Thomas Owen,
Zedekiah Stone,
Oroondates Davis
Henry Rhodes,
William Thompson,
Ambrose Ramsey,
Ralph Gorrell.

The Bill being read was rejected, then on motion of Mr. Coor ordered that the yeas and nays be taken relative to rejecting the said Bill, which were as follows:

Nays:
John Ashe,
Robt. Harris,
Thomas Owen,
Zedekiah Stone,
Oroondates Davis,
Henry Rhodes,
Ambrose Ramsey,
Ralph Gorrell,
William Thompson.
Yeas:
James Coor,
Edward Jones,
Jeremiah Frazier,
Benj. Exum,
William Russell,
Luke Sumner,
Robert Sumner,
Elisha Battle,
William Sheppard,
Michael Rogers,
Charles Robeson,
James Saunders,
Robert Irwin,
Needham Bryan.
-------------------- page 574 --------------------

Received from the House of Common the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House permitting Mr. Timothy Bloodworth to resign the office of a Justice of the peace for New Hanover County.

Jno. Williams, S. C.

At the same time received the resolve referred to in the above Message, which being read was concurred with.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House relating to Mr. Bloodworth.

Concurred with.

Wm. Hill, S. S.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence the report of the joint Committee appointed to consider the dispatches, letters, &c., laid before the Assembly by His Excellency the Governor.

Concurred with by this House with the alterations thereto annexed.

Jno. Williams, S. C.

At the same time received the report referred to in the above message, which is as follows:

Report of the joint committee appointed to consider the Dispatches, letters, &c., laid before the Assembly by His Excellency, the Governor.

The committee having considered the matters to them referred, came to the following resolutions:

1st. Resolved that it is expedient to sink the old money, and that a Bill be brought in for that purpose.

2nd. Whereas, the terms agreed upon between the Commissioners of this State and the Assembly of Virginia, respecting a naval armament to be kept up for the Defence of Ocracock, have not been complied with by this State, insomuch that the Frigates

-------------------- page 575 --------------------
which were stipulated by the said commissioners to act on the part thereof in concert with two row gallies to be built by the Commonwealth of Virginia, have been sold or otherwise imployed; and whereas, the protection of Ocracock is essentially necessary to the trade of this State;

Resolved, therefore, that this State will take one of the said gallies, to-wit: The Caswell at the original cost thereof, and pay and victual the officers and men thereto belonging from this date forward, and that the pay of the said officers and men shall be as follows, viz:

For the Commander, per day, $3.25; Lieutenant, $2.25; Master, $2.00; Doctor, $2.75; Captain of Marine, $2.25; Lieutenant of Marine, $2.00; Master Mate, $1.50, Midshipman, $1.50; Boatswain, $1.50; Common Sailors, $35.00 per month.

Resolved, also, that a small, fast sailing vessel ought to be purchased and fitted as soon as possible to act as a tender to the Caswell.

3rd. Whereas, the Continental Congress have recommended that three delegates from every State be in constant attendance in Congress, and as this State has only three delegates by which means they must be constantly attending or the recommendation of Congress not complied with on the part of this State;

Resolved, therefore, that the General Assembly ought, for the future, to elect four delegates to represent this State in Continental Congress.

4. The Committee having considered the requisition of Congress and of Gen. Washington for filling up the Continental Battalion belonging to this State;

Resolved, that two-thousand men be raised as expeditiously as possible for that purpose to serve nine months from the time they shall appear at the place of rendezvous and that the several counties in this State furnish their proper quotas in proportion to the number of Militia in each County after deducting for such exemptions as were allowed by the act passed at the last session of the General Assembly for drafting five-thousand men to go to the Northward. And in order to induce men to enter as volunteers into the service,

Resolved, that a bounty of one-hundred dollars be given to every person who shall voluntarily enter, and the several counties

-------------------- page 576 --------------------
shall make up their respective deficiencies out of the Militia in the following mauner:

The field officers and captains shall determine how many each company shall raise in proportion to their number of Militia and the men and officers of each company shall vote and determine by ballot, being first sworn to vote for such as they shall think can best be spared, who shall go to make up its deficiency, and every person so voted in shall have a bounty of fifty dollars, and each company shall also furnish and provide a pair of shoes and stockings, two shirts, a hunting shirt, waist-coat with sleeves, pair of breeches and trousers, a hat and a blanket, according to the several proportions on quotas of the companies for each and every man who shall voluntarily enlist or be voted in as aforesaid, and the articles afore mentioned shall be volued on oath by three indifferent freeholders who shall grant certificates to the persons furnishing the same, and such certificaees shall be received by the tax gatherers in part of taxes. Each and every soldier who shall find a good gun of his own shall be allowed three-dollars and the several captains shall have power to press for deficiency.

5. Whereas, it appears by letters and resolutions of the Continentaal Congress that there is danger of the army of the United States suffering for want of provisions and cloathing.

Resolved, therefore, that proper persons be appointed in different parts of this State to purchase all the salt-pork and bacon therein other than such as may be intended for family use, for the continental Army, and also all the coarse clothes and linen blankets and leather, allowing the prices current at this day and granting certificates to be redeemed at the next Assembly, and if any person having any of the above articles for sale or having more than may be necessary for family consumption shall refuse to sell or dispose of the same, then the purchasers to be appointed as aforesaid shall have power to seize, provided that they shall not seize any goods imported into this State by foreigners while property remains in such foreigners.

6. Resolved that a vagrant Law ought to be enacted, and that the Law for preventing desertions ought to be amended or a new Law enacted.

Wlliam Jones, Chairman.

State of North Carolina,
In the House of Commons, 20 April, 1778.
-------------------- page 577 --------------------

Resolved, that this House concur with the first, second, third, fifth and sixth, resolutions of said report in the whole, and that they concur with the fourth resolution with this alteration vizt that instead of allowing the exemptions mentioned in the act passed at the last Session of the General Assembly for drafting five thousand men to go to the northward, such persons only as have fairly obtained certificates of having enlisted as regular soldiers to serve in the Continental Army, agreeable to an act passed April and May Sessions, 1777, shall be exempted.

Jno. Williams, S. C.

The House, taking the said report into consideration, concurred therewith as altered by the House of Commons.

Received from His Excellency, the Governor, the following message:


New Bern, 20 April, 1778.

To the Honorable, the General Assembly,

Gentlemen:

I received your message of this day, acquainting me that the two Houses of the General Assembly had on Saturday last elected a Governor and Council of State for the ensuing year, and desiring I would qualify as Governor and proceed in the execution of that important office, in answer to which I am to inform you that I have, since the commencement of the present disputes with Great Britain, considered it a duty incumbent on every individual not only to stand forth in the cause of this country in defence of her freedom and liberty, but also to perform any trust she may call upon him to execute. Under these considerations, and your very honorable and unanimous appointment of me for the third time to be Governor of this State, being such a mark of your approbation of my past conduct, that however diffident I may be of my own abilities, I should be wanting in duty to my country if I did not accept the same. Give me leave to assure your Honorable Body that such powers as I am invested with by the Constitution and laws of this State shall be executed according to the best of my abilities and understanding.

-------------------- page 578 --------------------

I have now qualified and shall enter upon the important duties of my office with the greatest alacrity.

Richard Caswell.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send you a message from His Excellency, the Governor, and sundry depositions therein referred to. Also a resolve for this House for concurrence relative to the matters and things therein complained of.

Jno. Williams, S. C.

At the same time received the message from His Excellency, the Governor, referred to in the above message, as follows:


New Bern, 20th April, 1778.

To the Honorable, the General Assembly,

Gentlemen:

I herewith lay before you the petition of Peter Theodore Cailland, with sundry depositions in support of the facts therein set forth, for your consideration.

Rich'd Caswell.

Also the resolve of the Commons referred to in the foregoing message, being read, was rejected.

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

Mr. Speaker and Gentlemen of the House of Commons:

This House do not think it necessary that the petition, &c., relative to Peter Theodore Cailland, commander of the ship called the Count D'Germaine lately stranded at Ocracock, be left to the determination of the Governor and Council, but propose that they be laid before a Joint Committee of both Houses and have on their part appointed Mr. Coor, Mr. Respess, Mr. Thompson and Mr. Stone, to take into consideration the papers above

-------------------- page 579 --------------------
mentioned and to make report of the measures necessary to be adopted relative thereto.

W. Hill, S. S.

Read the petition of Robert Porter, setting forth that he had lost a sum of money by fire and praying relief in the premises, and the facts set forth therein being sufficiently proved by indifferent testimony;

Resolved, that the said Robert Porter, be allowed the sum of one-hundred and six pounds and seven shillings, being the sum mentioned in his petition, and that the Treasurer or either of them pay him the same and be allowed in their accounts with the public.

Ordered that 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 in favor of Capt. Robert Porter.

W. Hill, S. S.

Read the report of the Commissioners appointed to examineinto the state of public manufactory of the guns in Halifax District.

Ordered to lie for consideration.

Received from the House of Commons the following Bills:

A Bill to amend an act entitled an act 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.

A Bill to enforce such parts of the Statute and Common laws as have been heretofore in force and used here and the Acts of Assembly made and passed when this territory was under the Government of the late proprietors and the Crown of Great Britain and for renewing the several Acts therein mentioned.

Endorsed in the House of Commons, 20th April, 1778.

Read the first time and passed.

Also a Bill for establishing a town on the land of Christian Mauney in Tryon County.

A Bill for fortifying Cape Lookout Bay a Harbour on the sea coast of this State.

-------------------- page 580 --------------------

A Bill to compel the late officers of the militia to account for and pay to the succeeding Officers all monies in their hands arising from the fines of delinquents. Endorsed in the House of Commons, 20th April, 1778.

Read the second time and passed.

The House adjourned till tomorrow morning 9 o'clock.


Tuesday, 21st April, 1778.

The House met according to adjournment.

Mr. Solomon Perkins the member for the County of Currituck appeared, qualified agreeable to Law and took his seat.

Read the petition of John Wilcox praying to be put in peaceable possession of his Iron Works, etc.

Resolved, that it be referred to a joint Committee of both Houses and that Mr. Owen, Mr. Rogers, Mr. Luke Sumner, Mr. Irwin, Mr. Harris and Mr. Ashe be a Committee on the part of this House.

Ordered that 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 proposing to refer the petition herewith sent you to a Joint Committee of both Houses, and have on our part appointed Mr. Owen, Mr. Rogers, Mr. Luke Sumner, Mr. Irwin, Mr. Harris and Mr. Ashe for that purpose.

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 repealing a certain resolve of the last General Assembly therein mentioned.

At the same time received the resolve referred to in the above Message, which is as follows:

On motion, resolved that the resolve of the last General Assembly declaring that all and every Officer of the troops in the State of North Carolina who shall, unless for good and sufficient reason certified to the Governor by the Commander in Chief of

-------------------- page 581 --------------------
the Continental Army, resign his commission at this critical period shall be held and deemed incapable of holding hereafter any Office Civil or Military in the gift of this State, &c., be henceforth repealed, made null and void.

The same being read was concurrred with.

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

Mr Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House repealing a former resolve of Assembly.

Concurred with.

W. Hill, S. S.

Received from the Commons a Bill for appointing Commissioners to build a Bridge across Contentney creek and for other purposes therein mentioned.

Endorsed in the House of Commons, 21 April, 1778.

Read the first time and passed.

On motion, the Bill to regulate and ascertain the Officers' fees therein mentioned was read the second time and rejected.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

This House have resolved that they will not receive any new Bill or Bills after Thursday next and would recommend to the Senate to adopt a measure of the like nature.

Jno. Williams, S. C.

Ordered that the following Message be sent to the Commons:

Mr. Speaker and Gentlemen of the House of Commons:

We heartily acquiesce in your proposal for not receiving any new Bills after Thursday next.

Received from the Commons:

A Bill more effectually to punish the persons concerned in the several species of counterfeiting in this State.

A Bill to impower the Justices of Duplin County to take into their possession the records of said County now in possession of James Sampson.

Indorsed in the House of Commons, 20 April, 1778.

Read the first time and passed.

-------------------- page 582 --------------------

A Bill for building a Court House in the town of Hillsboro for the District of Hillsboro.

A Bill to prevent the stopping fish in Yadkin River.

Endorsed in the House of Commons, 20 April, 1778.

Read the third time, amended and passed.

Also a Bill for securing lots in the town of Tarboro.

Endorsed in the House of Commons, 20 April, 1778.

Read the second time and passed.

On motion, the Bill to enforce such parts of the Statute and Common laws as have been heretofore in place and use here and the Acts of Assembly made and passed when the territory was under the Government of the late proprietors or the Crown of Great Britain and for revising the several Acts therein mentioned was read the first time and passed and ordered to be sent to the Commons.

Sent by Mr. Respess and Mr. Sumner.

On motion, the Bill for establishing a town on the land of Christian Mauney in Tryon County, was read the second time; passed and ordered to be sent to the Commons.

Sent by Mr. Respess and Mr. Sumner.

On motion, the Bill for fortifying Cape Look-out Bay a Harbour on the sea coast of this State, was read the second time; passed and ordered to be sent to the Commons.

Sent by Mr. Respess and Mr. Sumner.

On motion, the Bill for appointing Commissioners to build a bridge across Cotentney creek and for other purposes therein mentioned, was read the first time; passed and ordered to be sent to the Commons.

Sent by Mr. Respess and Mr. Sumner.

On motion, the Bill to amend an act entitled an act 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, was read the first time; passed and ordered to be sent to the Commons.

Sent by Mr. Respess and Mr. Sumner.

On motion, the Bill to impower the Justices of Duplin County to take into their possession the Records of said county now in possession of James Sampson, was read the first time; passed and ordered to be sent to the Commons.

-------------------- page 583 --------------------

Sent by Mr. Respess and Mr. Sumner.

Received from the House of Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

This House have had before them sundry accounts of Capt. Price's, against the State, which they recommend to be referred to the Committee of Claims for perusal and allowance and desire your concurrence thereto.

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

Mr. Speaker and Gentlemen of the House of Commons:

We have received your Message with respect to Capt. Price's accounts and concur with your House as to referring them to the Committee of Claims, but recommend to the Committee to allow them only foot-men's pay.

Wm. Hill, S. S.

Received from the House of Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

The House have received the Message and resolve of your House referring the petition of John Wilcox to a Joint Committee of both Houses with which we concur. I have for that purpose appointed Genl. Butler, Mr. Benbury, Mr. Jones, Mr. Courtney, Mr. Hawkins, Mr. Johnston, Mr. Davidson, Mr. Devane, Mr. Bryan, a committee on our part.

Jno. Williams, S. C.

Mr. Davis moved for leave and presented a Bill to amend an act, entitled an act for establishing Offices for receiving entries of claims for lands in the several Counties within this State for ascertaining the method of obtaining tittles to the same and for other purposes therein mentioned, which was read the first time passed and ordered to be sent to the Commons.

Sent by Mr. Davis and Mr. Ashe.

On motion, the Bill for securing lots in the town of Tarboro was read the third time, passed and ordered to be sent to the Commons.

Sent by Mr. Respess and Mr. Sumner.

On motion, the Bill for building a Court House in the town of

-------------------- page 584 --------------------
Hillsboro, for the District of Hillboro, was read the third time, passed and ordered to be engrossed.

On motion, the Bill to compel the late Officers of the Militia in this State to account for and pay to the succeeding commanding Officers all monies in their hands arising from the fines of delinquents was read the third time, passed and ordered to be sent to the Commons:

Sent by Mr. Respess and Mr. Sumner.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House in favour of Willis Wilson, Esquire, Commander of the ship of war Caswell.

Jno. Williams, S. C.

At the same time received the petition of Willis Wilson and the resolve of the Commons mentioned in the above Message, which is as follows:

On reading the petition of Willis Wilson Esq., commander of the ship of War Caswell setting forth that he borrowed a Horse of Mr. Wm. Cumming to forward an express from Governor Henry of Virginia, to Governor Caswell, which horse died on the road and for which he paid Mr. Cumming thirty pounds as appears by said Cumming's Receipt.

Resolved therefore that said Willis Wilson Esquire be allowed the sum of thirty pounds for said horse, that the Treasurers or either of them pay him the same and be allowed in their accts with the public.

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

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House respecting an allowance to Willis Wilson, Esq.

Concurred with by this House.

-------------------- page 585 --------------------

Received from the Commons the following message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House appointing Mr. John Council Bryan, commissary, &c. At the same time received the resolve referred to in the above message, as follows:

Resolved that Mr. John Council Bryan be appointed commissary to provide provisions for the officers and men in the continental service, which, now or hereafter, may be in New Berne. That he furnish rations agreeable to the continental regulations, and be allowed the sums which he shall pay for the rations actually served out, &c.; a reasonable sum also for his trouble.

Jno. Williams, S. C.

Ordered that 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 appointing Mr. John Council Bryan commissary, &c.

Concurred with by this House.

On motion, the Bill more effectually to punish the persons concerned in the several species of counterfeiting in this State, was read the first time and passed and ordered to be sent to the House of Commons.

Sent by Mr. Respess and Mr. Turner.

On motion, the Bill to prevent the stopping fish in Yadkin River was read the third time, passed and ordered to be engrossed.

Received from the Commons the following Bill:

A Bill for regulating Campbelton and erecting public buildings.

Endorsed in the House of Commons 20th April, 1770, read the first time and passed.

Ordered that the above mentioned Bill be read; the same being read the first time, passed and ordered to be sent to the House of Commons.

Sent by Mr. Respess and Mr. Sumner.

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

-------------------- page 586 --------------------
impowering the Brigadier-General of the District of Wilmington to appoint a commissary, &c.

At the same time received the resolve of the Commons referred to in the above message, as follows:

Resolved, that the Brigadier-General of the District of Wilmington shall have full power to appoint a person to act as commissary for any company of militia when called into service on any occasion whatsoever, and that such commissary be allowed agreeable to the continental establishment, and a reasonable sum also for his trouble.

Jno. Williams, S. C.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House respecting the Brigadier General of the District of Wilmington having power to appoint a Commissary, &c.

Concurred with by this House.

W. Hill, S. S.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

This House have received your Message proposing that a petition of Peter Theodore Cailliand, &c., &c., be referred to a Joint Committee of both Houses, and concur with you in that measure and have appointed Mr. Tillman, Mr. Roan, Mr. Easton, Mr. McCauley, Mr. Benbury, Mr. Hawkins, Mr. Johnston, Mr. Jas. Williams, Mr. Courtney and Mr. Jones, to act jointly with the Gentlemen by you appointed for that purpose.

Jno. Williams, S. C.

The report of the Committee at last session of Assembly to examine into the state of the public manufactory of guns in the District of Halifax, being taken up and considered was referred to Mr. Ramsey, Mr. Luke Sumner and Mr. Thompson, with such Gentlemen as the House of Commons may think proper to appoint to take into consideration said report.

Ordered that the following Message be sent to the Commons:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith send you the report of Benjamin Seawell and

-------------------- page 587 --------------------
Daniel Sledge, Esquires, Commisioners appointed by the last Assembly to examine and make report to the present Assembly of the several circumstances necessary for them to be informed of respecting the gun manufactory in Halifax District, which we propose referring to a Joint Committee and have on our part appointed Mr. Ramsey, Mr. Luke Sumner and Mr. Thompson for that purpose.

Received from the House of Commons the following Bill:

A Bill to amend an act entitled an act to amend an act to impower the County Courts in this State to order the laying out of public roads, to establish and settle ferries, and to appoint where bridges shall be built sufficient for the use and ease of the inhabitants of this State, and to clear navigable rivers and creeks.

Passed January, 1764.

A Bill to amend an act, entitled an act for establishing Officers 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.

Endorsed in the House of Commons, 21 April, 1778.

Read the first time and passed.

On motion, the Bill to amend an act, entitled an act to amend an act to impower County Courts in this State to order the laying out of public roads, etc., etc., was read the first time, passed, and ordered to be sent to the House of Commons.

Sent by Mr. Exum and Mr. Battle.

The House adjourned till tomorrow, 5 o'clock, a. m.


Wednesday, 22 April.

The House met according to adjournment.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

This House received the message of yours accompanying the report of the commissioners relative to the gun manufactory in Halifax District, and concur with you in referring it to the consideration of a joint committee; and have for that purpose on our part appointed Mr. Cobb, Mr. Williams, Mr. Bloodworth, Mr.

-------------------- page 588 --------------------
Bryan, Mr. Hunter, Mr. Clinton, Mr. Davidson and Mr. Hawkins a committee.

Jno. Williams, S. C.

Mr. Luke Sumner, the chairman of the Committee of Privileges and Elections, reported as follows:

Your committee are of opinion that the seats of four members of this House be vacated, and offer these reasons for the same: They find from a careful examination of the Constitution that all persons who are receivers of public monies by virtue of any office while in possession of that office, or who are in anywise holders of public monies, are deemed and held by the said Constitution inelegible to a seat in the General Assembly, and as they find four members as aforesaid, to-wit: Ambrose Ramsay, Ralph Gorrell, Charles McDowell and Needham Bryan, to be possessed of the office of entry-takers for the Counties they respectively reside in, Your committee, therefore, deeming said office of entry-takers to come expressly within the letter, and meaning of the Constitution and being willing to pursue the same in every article inviolate, do, therefore, hope the House will concur in this report, as your committee are unanimously of opinion that acquiescing in those gentlemen's holding their seats, would be a direct infringement of the Constitution, and a dangerous precedent.

Your committee further report that the objections offered against Mr. Shepperd, especially the legality of his holding a seat in this House, are deemed by them insufficient; it appearing to the satisfaction of your committee that Mr. Shepperd enjoys no lucrative office, nor doth he hold any public monies in his hand, except this House shall suppose money which may be due to a county to be due to the public.

Your committee, as above, are, therefore, of opinion that Mr. Shepperd is elegible to a seat in this House agreeable to the spirit and intention of the Constitution.

Signed by order,
Luke Sumner, Chairman.

The same being read, was concurred with.

On motion, resolved that Writs of Election issue to the Counties of Johnston, Chatham, Burke and Guilford for the election of members to represent said Counties in this House in the stead of Needham Bryan, Ambrose Ramsey, Charles McDowell and Ralph

-------------------- page 589 --------------------
Gorrell, Esquires, whose seats are vacated by their being appointed to and accepting of the office of entry-takers in their respective Counties, and that the said elections be held on the first Monday in June next.

Received from the Commons the following message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House relative to the appointment of a surveyor in Caswell County.

At the same time, received the resolve referred to in the above message, as follows:

Whereas, it is certified from under the hand of William Moore, Clerk of Caswell County, that the Justices for said County, at a court held for their said County, on the second day of March, 1778, did then and there proceed to the choice of a surveyor, when a certain Lawrence Vanhook, Esquire, who at that time enjoyed the office of tax gatherer, was chosen surveyor aforesaid, not by a majority of Justices then present on the bench, but by only nine out of twenty;

Therefore, resolved, as the opinion of this House that the said election was not legal, and that it be recommended to the Justices of the County of Caswell to choose at the next court some fit person to execute the office of surveyor agreeable to Act of Assembly passed at New Bern in December, 1777.

Resolved also as the opinion of this House that one and the same person cannot by the Constitution hold the office of Surveyor and Tax Gatherer.

Jno. Williams, S. C.

The same being read was Concurred with.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the Resolve of your House relative to the appointment of a Surveyor in Caswell County concurred with.

Received from the Commons the following Bills:

A Bill for Building a Court House in Elizabeth Town, in the county of Bladen.

A Bill for quieting and securing the Tuscarora Indians and others claiming under the Tuscaroras in possession of their lands.

-------------------- page 590 --------------------
Endorsed in the House of Commons, 22nd April, read the first time and passed.

Also a Bill to impower the Justices of Duplin county to take into their possession the Records of said county, now in possession of James Sampson.

A Bill more effectually to punish the persons concerned in the several species of counterfeiting in this State.

A Bill to amend an act entitled an act for erecting part of the county of Surry and part of the District of Washington into a seperate and distinct county by the name of Wilkes. Endorsed in the House of Commons 21st April, 1778. Read the second time and passed.

A Bill for establishing a town on the land of Christian Mauney in Tryon county. Endorsed in the House of Commons 21st April, 1778. Read the third time and passed.

The House adjourned till to-morrow morning 9 o'clock.


Thursday, 23 April, 1778.

The House met according to adjournment.

Mr. Allen Jones the member for the county of Northampton, appeared, qualified agreeable to Law and took his Seat.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence the Report of the Joint committee appointed to consider the proposal of Mons. Chariole for raising a Regiment for the use of this State or of the United States, concurred with by this House.

Jno. Williams, S. C.

At the same time received the Report of the Committee referred to in the foregoing Message which being read was rejected.

Received from the Commons the following Bills:

A Bill for appointing Commissioners to build a bridge across Contentney Creek and for other purposes therein mentioned.

A Bill to enforce such parts of the Statute and Common Laws as have heretofore in force and use here, and the Acts of Assembly made and passed when this territory was under the government of

-------------------- page 591 --------------------
the late proprietors and the Crown of Great Britain, and for reviving the several acts therein mentioned.

Endorsed in the House of Commons, 22nd April, 1778.

Read the second time and passed.

On motion, the Bill for establishing a town on the land of Christian Mauney in Tryon County, was read the second time and rejected.

On motion, the Bill for quieting and securing the Tuscarora Indians and others claiming under the Tuscaroras in the possession of their lands, was read the first time, passed and ordered to be sent to the House of Commons.

Sent by Mr. Rogers and Mr. Owen.

On motion, the Bill for building a Court House in Elizabeth Town in the County of Bladen, was read the first time, passed and ordered to be sent to the House of Commons.

Sent by Mr. Rogers and Mr. Owen.

On motion, the Bill to empower the Justices of Duplin County to take into their possession the Records of said County now in possession of James Sampson, was read the second time, passed and ordered to be sent to the House of Commons.

Sent by Mr. Rogers and Mr. Owen.

On motion, the Bill more effectually to punish the persons concerned in the several species of counterfeiting in this State, was read the second time, passed and ordered to be sent to the Commons.

Sent by Mr. Rogers and Mr. Owen.

On motion, the Bill to amend an act entitled an act for erecting part of the District of Washington into a separate and distinct County by the name of Wilkes, was read the second time, passed and ordered to be sent to the Commons.

Sent by Mr. Rogers and Mr. Owen,

On motion, the Bill to amend an act, intitled an act for establishing officers 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, was read and ordered to be taken out, to be amended.

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

-------------------- page 592 --------------------
allowing Mr. William Blount a certain sum therein mentioned.

At the same time received the resolve referred to in the above Message as follows:

It appearing to this House that Mr. William Blount advanced to the Continental Soldiers belonging to this State at Philadelphia two thousand four hundred eighty-five and a half dollars, Continental money in exchange for the same sum in Carolina dollars and that the said Carolina dollars have been transmitted to Mr. John Ashe Treasurer of this State and duly accounted for and further that Mr. Blount's charge on this account was disallowed at the last Session of Assembly for want of sufficient proof.

Resolved therefore that the said William Blount be allowed the aforesaid sum of two thousand four hundred eighty-five and a half dollars, that the Treasurers or either of them pay the same and be allowed in their accounts with the public.

The said resolve being read was concurred with.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House impowering the Treasurers or either of them to pay to Mr. William Blount a certain sum therein mentioned, concurred with.

Mr. Coor moved for leave and presented a Bill allowing salaries to the Governor, Secretary, Delegates, Treasurers, and Members of the Council of State and for other purposes which he read in his place and delivered in at the table where it was again read the first time, passed and ordered to be sent to the House of Commons.

Sent by Mr. Ashe and Mr. Coor.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence the report of the Committee appointed to consider the petition of Mr. John Wilcox.

Concurrred with by this House.

Also the report referred to in the above Message which being read was rejected.

Received from the Commons the following Bills:

A Bill for raising men to complete the Continental Battallions belonging to this State.

-------------------- page 593 --------------------

A Bill to amend and continue sundry Laws for the regulation of the town of New Bern and for other purposes therein mentioned.

A Bill to oblige Masters of vessels coming into this State to deliver up to the Post Master or his Deputy, in the Port where such vessels shall respectively arrive all foreign letters coming in such vessels and for promoting the revenue of the post office.

A Bill to prevent the stopping of Rocky River and other purposes therein mentioned.

A Bill to establish a Court of Chancery and Equity in this State, and to regulate the mode of proceeding therein.

Endorsed in the House of Commons, 23rd April, 1778. Read the first time and passed.

A Bill for regulating Cambpelton and erecting public Buildings.

Endorsed in the House of Commons, 23rd April, 1778.

Read the second time amended and passed. Also a Bill for fortifying Cape Look Out Bay.

Endorsed in the House of Commons 23rd April, 1778

Read the third time and passed. Together with said Bill a Message from His Excellency the Governor, as follows accompanying Capt. Cottineau's proposals.

On motion the Bill to amend an act entitled an act for establishing Officers for receiving Entries of claims for lands in the several counties within this State, etc., etc.

Was read the second time, amended, passed and ordered to be sent to the Commons.

Sent by Mr. Ashe and Mr. Coor.

Genl. Rutherford moved for leave and presented a Bill to amend an act entitled an act for laying a Tax to defray the Expense of the Public Building in the county of Burke and other purposes therein mentioned, which was read the first time passed and ordered to be sent to the Commons.

Sent by Mr. Ashe and Mr. Coor.

On motion the Bill for raising men to complete the Continental Batallions belonging to this State, was read the first time passed and ordered to be sent to the Commons.

Sent by Mr. Ashe and Mr. Coor.

-------------------- page 594 --------------------

On motion the Bill for regulating Campbelton and erecting public buildings was read the second time passed and ordered to be sent to the House of Commons.

Sent by Mr. Ashe and Mr. Coor.

Mr. Coor moved for leave and presented a Bill to amend an act entitled an act to regulate the pilotage of Cape Fear and Ocracock Bars and the rivers leading from the same to Brunswick, Wllmington, New Bern, Bath and Edenton, which was read the first time passed and ordered to be sent to the Commons.

Sent by Mr. Coor and Mr. Ashe.

Mr. Perkins moved for leave and presented a Bill for directing the appointing the place where the Clerk of the Court for Currituck County and the Naval officer for Port Currituck should keep their offices, which was read the first time, passed and ordered to be sent to the Commons.

Sent by Mr. Frazier and Mr. Jones.

On motion, the Bill to enforce such parts of the Statute and Common Laws as have been heretofore in force and use here and the Acts of 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 was read the second time, passed and ordered to be sent to the Commons.

Sent by Mr. Ashe and Mr. Thompson.

Mr. Ashe moved for leave and presented a Bill for repairing Fort Johnston near the entrance of Cape Fear River, which was read the first time, passed and ordered to be sent to the Commons

Sent by Mr. Ashe and Mr. Thompson.

Mr. Shepperd moved for leave to present a Bill for establishing a town in Surry County at the Court House and other purposes therein mentioned, which was read the first time, passed and ordered to be sent to the Commons.

Sent by Mr. Rhodes and Mr. Jones.

Mr. Irwin moved for leave and presented a Bill to impower the regular Ministers as well as Magistrates to solemnize the rites of Matrimony, which was read the first time, passed and ordered to be sent to the Commons.

Sent by Mr. Rhodes and Mr. Jones.

-------------------- page 595 --------------------

Received from the Commons the Bill for ascertaining Sheriffs' and Constables' fees in this State.

Endorsed in the House of Commons, 23rd April, 1778.

Read the first time and passed.

On motion, the Bill to establish a Court of Chancery and Equity in the State of North Carolina and to regulate the mode of proceeding therein, was read the first time, passed and ordered to be sent to the House of Commons.

Sent by Mr. Rhodes and Mr. Jones.

Mr. Irwin moved for leave and presented a Bill to settle the rank of the several Captains of the Militia in this State, which was read the first time, passed and ordered to be sent to the Commons.

Sent by Mr. Irwin and Mr. Stone.

On motion, the Bill to prevent the stopping of Rocky River, and other purposes therein mentioned, was read the first time, passed and ordered to be sent to the Commons.

Sent by Mr. Irwin and Mr. Stone.

On motion, the Bill to oblige masters of vessels coming into this State to deliver up to the postmaster or his deputy in the port where such vessels shall respectively arrive, all foreign letters coming in such vessels, and for promoting the revenue of the postoffice, was read the first time, passed and ordered to be sent to the Commons.

Sent by Mr. Davis and Mr. Shepperd.

On motion, the Bill for ascertaining sheriffs' and constables' fees in this State was read the first time, passed and ordered to be sent to the Commons.

Sent by Mr. Davis and Mr. Shepperd.

On motion, the Bill to amend and continue sundry laws for the regulation of the town of New Bern, and for other purposes therein mentioned, was read the first time, passed and ordered to be sent to the Commons.

Sent by Mr. Rhodes and Mr. Stone.

The House adjourned till tomorrow morning, 9 o'clock.

-------------------- page 596 --------------------


Friday, 24th April, 1778.

The House met according to adjournment.

Mr. William Graham, the member for the County of Tryon, appeared, qualified agreeable to law and took his seat.

Received from the Commons, sundry letters, &c., from the President of the Continental Congress, Dr. Burke and Mr. Harnett, which were read and ordered to lie.

Received from the Commons the following message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence the report of the committee appointed to take into consideration the report of Messrs. Seawell and Sledge, relative to the gun factory in Halifax District.

Concurred with by this House.

Also a resolve of this House thereon.

Jno. Williams, S. C.

At the same time received the report of the Committee aforementioned as follows:

The Committee appointed to take into consideration the report of Messrs Benjamin Seawell and Daniel Sledge respecting the gun factory in the District of Halifax report as follows:

That Mr. James Ransom superintendent of the said factory has received from the publick the sum of one thousand pounds twelve hundred and ninety-three pounds of iron and twenty-four pounds of steel and has now on hand ready to deliver the publick the articles in his accounts rendered herewith, and also the sum of two hundred and seventy-nine pounds ten shillings and ten pence which is the just ballance due to the publick as appears to your Committee and it is further the opinion of your Committee that Commissioners should be appointed to receive and sell for the best prices that may be had the articles returned by Mr. Ransom for the use of the public except the thirty six guns fit for use.

James Williams,
Chairman of Com.

State of North Carolina.
In the House of Commons, 23 April, 1778.

The House taking the said report into consideration, resolved

-------------------- page 597 --------------------
that they do concur therewith, and that Mr. Adkin, Mr. McLemore and that Mr. Edward Jones be appointed Commissioners to make sale of the articles on hand belonging to said factory (guns excepted) and make report thereof to the next Session of General Assembly.

The House taking the said report and resolve into consideration concurred therewith.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith received the Message and resolve of your House together with the report of the Committee relative to the gun factory in Halifax District with which we concur and propose the following addition thereto to-wit:

That Mr. Ransom be directed to deliver the guns already finished to the Commanding Officer of the Guard at Halifax and that he immediately pay to either of the Treasurers the money in his hands belonging to the public.

W. Hill, S. S.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your coucurrence a resolve of this House appointing Commissioners for purposes therein mentioned.

At the same time received the resolve referred to in the above Message.

Resolved, that Jesse Walton, Benjamin Gist, Joseph Wilson and Teachdriah Isabell, Esquires, be added to the Commissioners already appointed to fix on a place for and setting the public buildings in Washington County that they be invested with the same powers and authorities, as the other Commissioners appointed for that purpose are.

The same being read was concurred with.

Ordered that the following Message be sent to the Commons:

Mr. Speaker and Gentlemen of the House of Commons:

We have received and hereiwth return the resolve of your House appointing commissioners for purpose therein mentioned.

Concurred with.

-------------------- page 598 --------------------

Received from the Commons the following message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence the report of the committee appointed to examine the accounts of William Gilbert passed at the last session of Assembly. Also the resolve of this House therein.

At the same time received the report of the committee as follows:

Your committee having carefully examined the accounts of the said William Gilbert, report that the sum of one hundred and two pounds, nine shillings and ten pence is due to the said Gibert, which sum was deducted by the last Assembly, though allowed by the Committee of Claims, which your committee are of opinion was really just, all which is humbly submitted.


In the House of Commons, 24th April, 1778.

The House taking the said report into consideration;

Resolved, that they do concur therewith, and that the Treasurers, or either of them, pay him the said sum of one hundred and two pounds, nine shillings and ten pence, and be allowed in the settlement of their accounts with the public.

The House, taking the above into consideration, concurred therewith.

Ordered that the following message be sent to the Commons:

Mr. Speaker and Gentlemen of the House of Commons:

We have received the message and resolve of your House, together with the report of the committee appointed to examine the accounts of William Gilbert, which we herewith return.

Concurred with.

Wm. Hill, S. S.

On motion of Mr. Allen Jones, the report of the committee on Mons. Chariol's petition was reconsidered.

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

Mr. Speaker and Gentlemen of the House of Commons:

This House cannot concur with the resolve of your House relative to Mons. Chariol's proposal, but with the following alteration, viz:

The officers not to be commissioned or have pay till approved

-------------------- page 599 --------------------
of by the Governor and Council, and instead of four shillings for rations, this House cannot allow more than three shillings till the arrival of the men at the rendezvous.

If your House approve of the above alterations, the Senate will then concur.

Wm. Hill, S. S.

On motion ordered that the Bill for fortifying Cape Look Out Bay be read, read the third time, passed, and ordered to be Engrossed.

At the same time was read a Message from his Excellency the Governor, accompanying a plan of said Harbour and Captain De Cottineau's proposals, which were read and ordered to lie for consideration.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the House of Senate:

We herewith send for your concurrence a Resolve of this House impowering the Delegates of this State in Congress to ratify and confirm on behalf of this said State, the articles of confederation of the United States.

At the same time received the Resolve referred to in the above Message as follows:

Resolved Unanimously that they do concur therewith.

Ordered that the following Message be sent to the Commons:

Mr. Speaker and Gentlemen ot the House of Commons:

We herewith return the Resolve of your House, impowering the Delegates of this State in Congress to ratify and confirm on behalf of the said State, the confederation of the United States. Concurred with by the House unanimously.

W. Hill, S. S.

On motion the Bill to establish Rules to be observed in solemnizing the Rites of matrimony, was read the second time amended and passed and ordered to be sent to the Commons.

Sent by Mr. ———

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a Resolve of this House appointing the Officers therein mentioned.

-------------------- page 600 --------------------

We also send you a Message from His Excellency the Governor, which induced this House to enter into such Resolve.

At the same time received the Message from His Excellency the Governor which was read and ordered to be filed, also the resolve referred to in the foregoing Message as follows:

Resolved that John Hinton, Esquire, be appointed Col. of the Wake Regiment of Militia.

That Whitmill Hill, Esquire, be appointed Colonel of the Martin Regiment of Militia in the room of William Williams, Esq., resigned; Thomas Wiggins, Esq, Lieutenant Colonel; Kenneth McKenzie, Esq., first Major, and John Hardison, Esq., second Major of said County, that His Excellency the Governor be requested to make out Commissions agreeable to this resolve.

Jno. Williams, S. C.

Ordered that the following Message be sent to the Commons:

Mr. Speaker and Gentlemen of the House of Commons:

We have received your Message and resolve appointing field officers of militia of Martin and Wake Counties, and concur with your House in the appointment of officers for Martin County, but cannot agree with your appointing Mr. Hinton to the Command of the Wake Regiment and propose Michael Rogers Esquire as Colonel; Tignal Jones, Esq., Lieut. Col.; Simon Turner, 1st Major; and Lodowick Alford, Jr., 2nd Major, as field officers of said Regiment.

W. Hill, S. S.

Received from the House of Commons the following Bills:

A Bill for repairing Fort Johnston near the entrance of Cape Fear river.

A Bill for directing and appointing the place where the Clerk of the Court for Currituck County and the Naval Officers for Port Curritcuk shall keep their offices.

A Bill to amend an act intitled an act to establish a town in the County of Mecklenburg.

A Bill allowing salaries to the Governor, Secretary, Delegates, Treasurers and Members of the Council of the State and other purposes.

A Bill to amend an act intitled an act to regulate the pilotage of Cape Fear and Ocracock Bars and the rivers leading from the same to Brunswick, Wilmington, New Bern, Bath and Edenton.

-------------------- page 601 --------------------

Also a Bill to amend an act entitled an act for laying a tax to defray the expense of the public building in the County of Burke, and other purposes therein mentioned.

Endorsed in the House of Commons, 23 April, 1778.

Read the first time and passed.

Also a Bill for quieting and securing the Tuscarora Indians and others claiming under the Tuscaroras in the possession of their lands.

Endorsed in the House of Commons, 24 April, 1778.

Read the second time, amended, and passed.

And a Bill for regulating Campbelton and erecting public buildings.

Endorsed in the House of Commons, 24 April, 1778.

Read the third time, amended, and passed.

Received from the House of Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We concur with you in directing Mr. Ransom to deliver guns already finished to the Commanding Officer of the guard at Halifax, also to pay into the Treasury the money in his hands belonging to the public.

Jno. Williams, S. C.

On motion, the Bill for repairing Fort Johnson near the mouth of Cape Fear River, was read the second time, amended, passed and ordered to be sent to the House of Commons.

Sent by Mr. Ashe and Mr. Owen.

On motion, the Bill allowing salaries to the Governor, Secretary, Delegates and Members of the Council of State and other purposes, was read the second time, amended, passed and ordered to be sent to the Commons.

Sent by Mr. Exum and Mr. Graham.

Received from the Commons the Bill for raising men to complete the Continental Battalions belonging to this State.

Endorsed in the House of Commons, 24th April, 1778.

Read the second time, amended and passed.

On motion, the Bill for raising men to complete the Continental Battalions belonging to this State, was read and ordered to lie over till tomorrow for further consideration.

-------------------- page 602 --------------------

Received from the House of Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

This House propose if agreeable to the Senate to ballot tomorrow at 5 o'clock in the afternoon for delegates to represent this State in Congress the ensuing year. Also for

Treasurer and Marshall of the court of admiralty for Port Roanoke and the time and place for holding the next Session of Assembly, and put in nomination for Delegates Thomas Burke, John Penn, Cornelius Harnett, Abner Nash, John Williams, Samuel Johnston, Thomas Polk, and Thomas Benbury, Esquires; for Treasurers, William Skinner Esquire, for the Northern District, and John Ashe, Esquire for the Southern District. For a Marshal William John Skinner Esquire. A place for holding the next Session of Assembly: Hillsboro, Halifax and Newbern, and propose the first Monday in Nov. next as the time the next Assembly to be held.

If you accede to this measure please signify the same by Message.

Jno. Williams, S. C.

The House adjourned till tomorrow morning 9 o'clock.


Saturday, 25th April, 1778.

The House met according to adjournment.

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

Mr. Speaker and Gentlemen of the House of Commons:

We have received your message proposing that the General Assembly proceed at 5 o'clock this evening to ballot for delegates to represent this State in Congress the ensuing year, Treasurers, a Marshal of the Court of Admiralty for Port Roanoke, and the time and place at which the next General Assembly shall be held, with which we concur, and put in nomination for delegates, John Penn, Cornelius Harnett and Thomas Burke, Esquires; for Treasurers, John Ashe and William Skinner, Esquires; for a Marshal for Port Roanoke, Mr. Henry Meacham, and the towns of New Bern, Halifax and Hillsboro for the places at which the next

-------------------- page 603 --------------------
Assembly shall be held at, and the first Monday in Nov. next as the time for the next Assembly to sit.

W. Hill, S. S.

Received from the Commons the Bill to improve the County Courts in this State, to order the laying out of public roads, and establish and settle ferries and other purposes therein mentioned.

Endorsed in the House of Commons 25th April, 1778.

Read the first time and passed.

Received from the Commons the following message:

Mr. Speaker and Gentlemen of the Senate:

We have received and considered the message of your House proposing some amendments to the resolve of this House relative to Mons. Chariol, and concur therewith.

Jno. Williams, S. C.

On motion, resolved that the Printer of this State be directed to print forty thousand blank certificates for the purpose of granting to the inhabitants of this State who have taken the State oath, and that he be allowed for the said service the sum of twenty-five pounds.

Ordered that 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 Printer of this State to strike off a certain number of blank certificates, and allowing him a certain sum for the service therein mentioned.

Received from the Commons the following Bills:

A Bill to amend an act entitled an act 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, the 25 April, 1778.

Read the third time and passed.

A Bill for repairing Fort Johnston near the entrance of Cape Fear River.

Endorsed in the House of Commons, 25 April, 1778.

Read the second time and passed.

On motion, the Bill for raising men to complete the Continental

-------------------- page 604 --------------------
Battalions belonging to this State, was read the second time, amended, passed and ordered to be sent to the House of Commons.

Sent by Mr. Jones and Mr. Coor.

On motion, the Bill for appointing Commissioners to build a bridge across Contentney Creek and for other purposes therein mentioned, was read the second time, amended, passed and ordered to be sent to the Commons.

Sent by Exum and Mr. Ashe.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a Resolve of this House appointing Militia Officers, etc., in Halifax county.

Jno. Williams, S. C.

At the same time received the Resolve of the Commons referred to in the above Message as follows:

Resolved that Willis Alston Esq., be superseded in his command as Colo. of Halifax county and that Samuel Wilcock Esquire be appointed Colonel of said county; John Geddy Esquire, Lieutenant Col.; John Whitaker first Major; and James Allen Esquire second Major of said county. That his Excellency the Governor, be requested to issue Commissions agreeable to this Resolve.

Also received from His Excellency the Governor, a Message accompanying the proceeding of a Court Martial held in Halifax county, which being read and considered,

Ordered that the above Resolve of the Commons be concurred with.

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

Mr. Speaker and Gentlemen of the House of Commons–

We herewith return the resolve of your House for superseding Colonel Willis Alston.

Concurred with by this House.

Received from the Commons the following message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House impowering His Excellency, the Governor, to appoint persons in different parts of this State for certain purposes therein mentioned.

-------------------- page 605 --------------------

At the same time received the resolve referred to in the above message, as follows:

Resolved, that His Excellency the Governor be, and he is hereby, impowered to appoint persons in different parts of the State to purchase provisions and clothing of every kind at the prices current at this time, if it shall appear to him to be necessary for the use of the Continental Army, and to grant warrants on the Treasury in favor of such persons taking security for due application of the monies for such sums as may be requisite for the purpose aforesaid, and if any person or persons having more provisions or materials for clothing than may be necessary for their own use or family consumption, shall refuse to sell the same for the prices current at this time, then the persons appointed by His Excellency shall have full power and authority to seize the same for the use of the continent, and they shall grant certificates to the owners specifying the quantity and quality of the articles, that they may obtain payment at the next session of the General Assembly, provided that the persons so appointed shall not seize any goods imported by foreigners while such goods actually remain the property of such foreigners.

Jno. Williams, S. C.

The same being read, was concurred with.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House impowering the Governor to appoint persons to purchase provisions, clothing, &c., for the use of the continent.

Concurred with by this House.

By order, received from the Commons the following message:

Mr. Speaker and Gentlemen of the Senate:

We herewith return the resolve of your House directing the Printer to print a certain number of certificates therein mentioned.

Also allowing him a certain sum therein mentioned for such service.

Concurred with by this House.

Jno. Williams, S. C.

At the same time received the resolve of this House referred to in the above message.

-------------------- page 606 --------------------

Endorsed in the House of Commons 25th April, 1778.

Read and concurred with.

Jno. Williams, S. C.

Received from the House of Commons, the following Bills:

A Bill to establish rules to be observed in celebrating matrimony.

Endorsed in the House of Commons, 25th April, 1778.

Read the second time, amended and passed.

A Bill to alter the time for holding the several sessions of Courts of Law, and for the better arranging the County Courts within this State.

Endorsed in the House of Commons, 25 April, 1778.

Read the first time and passed.

Whereas, it appears by a discharge from General McIntosh, dated 29th day of January, 1777, that James Christian, at present an inhabitant of Chatham County hath served as a soldier in the ninth No. Carolina Battalion of Continental Troops for upwards of one year in which service he unfortunately broke one of his arms and is now in a distressed condition.

Resolved, that the said James Christian, be allowed the sum of twenty pounds in order to relieve his present wants, and that the Treasurers or either of them pay to the said James Christian, or to his order, the aforesaid sum for which they shall be allowed in their accounts with the public.

Ordered that the above resolve, together with the following Message be sent to the 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 James Christian.

W. Hill, S. S.

William Lewis, Esq., having resigned his commission as first Major of the Wilkes Regiment of Militia and it being necessary that the said commission should be filled,

Resolved, therefore that Elisha Isaacs, Esq., be and he is hereby appointed first Major of the Wilkes Regiment of Militia, in the room of William Lewis, so resigned and that His Excellency the Governor be requested to issue a commission according to this resolve to the said Elisha Isaacs.

-------------------- page 607 --------------------

Ordered that 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 for appointing Elisha Isaacs, first Major of the Wilkes Regiment of Militia, in the room and stead of William Lewis, resigned, whose commission we herewith send you.

W. Hill, S. S.

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

Mr. Speaker and Gentlemen of the House of Commons:

This House have determined that no more than three Delegates are necessary to represent this State in the Continental Congress, and propose balloting for only three.

On motion the Bill for repairing Fort Johnston near the entrance of Cape Fear river was read the third time, passed, and ordered to be sent to the Commons.

Sent by Mr. Irwin and Mr. Saunders.

On motion, the Bill to alter the times for holding the several Superior Courts of Law and for the better arranging the County Courts within this State was read the first time, passed, and ordered to be sent to the Commons.

Sent by Mr. Irwin and Mr. Saunders.

On motion, the Bill to impower the County Courts in this State to order the laying out of public roads and establishing and settling ferries and other purposes therein mentioned, was read the first time, amended and passed, and ordered to be sent to the House of Commons.

Sent by Mr. Irwin & Mr. Saunders.

On motion, the Bill for quieting and securing the Tuscarora Indians and others claiming under the Tusscaroras in the possession of their lands was read the second time, amended, passed and ordered to be sent to the House of Commons.

Sent by Mr. Irwin and Mr. Saunders.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We have received your Message proposing to Ballot for only

-------------------- page 608 --------------------
three delegates to represent this State in Congress and concur therewith and propose Balloting immediately.

Jno. Williams, S. C.

On motion, the Bills for directing and appointing the place where the Clerk of the Court for Currituck County and the Naval Officer for Port Currituck shall keep their Offices.

Read the second time and passed and ordered to be sent to the House of Commons.

Sent by Mr. Irwin and Mr. Saunders.

On motion, a Bill to amend an act entitled an act to establish a town in the County of Mecklenburg was read the first time and passed and ordered to be sent to the Commons.

Sent by Mr. Irwin and Mr. Saunders.

Mr. Coor, one of the inspectors on the part of this House from the Joint Balloting of both Houses for electing Delegates to represent this State in Continental Congress, Public Treasurers, a Marshal of the Court of Admiralty for Port Roanoke and the time and place where the next Assembly should be held.

Reported as follows, viz.:

That the inspectors of both Houses met in the Conference room and there did take and receive from the members of the Senate and House of Commons, the tickets of all the members of both Houses, which were put into a Box and upon examination of the scrolls it appeared that the following persons, to wit;

John Penn, Cornelius Harnett, and Abner Nash, Esquires, were elected Delegates to represent this State in Congress the ensuing year. That John Ashe Esquire was chosen Treasurer of the Southern District, and William Skinner Esquire, Treasurer of the Northern District. Mr. Henry Meachen was chosen Marshal for Port Roanoke, and at the next Session of the General Assembly it is to be ordered that the following Message be addressed to His Excellency the Governor, and sent to the Commons for concurrence:

To His Excellency, R. Caswell, Esquire, Governor, &c., &c.:

Sir:

The two Houses of the General Assembly have taken into consideration the Confederacy proposed to the United States by the Continental Congress, and have unanimously acceded thereto, and

-------------------- page 609 --------------------
request your Excellency will be pleased to inform the President of the Continental Congress thereof, by the earliest oppertunity.

Ordered 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 concurrence a Message which we propose to be addressed to His Excellency the Governor.

W. Hill, S. S.

The House adjourned till Monday morning 8 o'clock.

Resolve, allowing William Skinner five thousand pounds for settling public accounts.

Resolve, impowering the Governor to draw on the Continental Treasury for two million and five hundred thousand dollars, in order to carry on the War to the Southward.

Resolve, allowing James Davis five hundred and fifty pounds for printing Confederation, Journals, etc.

Resolve, impowering the Governor to draw on any of the Treasurers for the sum of one thousand pounds to enable the Commissioners to carry on a treaty with the Indians.

Resolve, allowing Thomas Whitson an annuity of ten pounds for three years, thirty pounds.

Resolve, allowing the public printer seventy-five pounds for printing Blank Certificates, on account of taking the State Oath.

Resolve, allowing Walter Lindsay the annual sum of fifty pounds during his life. That the Treasurers pay him the same.

Resolve, allowing John Graham two hundred and fifty pounds for acting as Commisary to General Rutherford's Brigade. That either of the Treasurers pay him the same.

Resolve, allowing Col. Martin Armstrong six hundred and seventy four pounds and sixteen shillings, for provisions furnished Gen. Rutherford's Troops.

Resolve, allowing Andrew Allison, 20 pounds to support him, he being a wounded soldier.

Resolve, allowing James Christian, 20 pounds, he being disabled in the public service.

-------------------- page 610 --------------------

Resolve, allowing Nicholas Long, 1,400 pounds for 4 wagons and teams, which were sent to head-quarters and taken into the Continental Service.

Resolve, allowing Benjamin DeBerry, 370 dollars for apprehending certain persons guilty of counterfeiting.

Resolve, allowing Wm. Flewellin, 476 pounds for the use of his wagon and team a certain time.

Resolve, allowing James Williams, 400 pounds for damages sustained by Continental soldiers.

Resolve, directing that one hundred and fifty pounds be advanced Dr. Johnson, for to purchase medicines for soldiers.

Resolve, directing Col. Tho. Harvey, to pay into the hand of Col. Martin Armstrong, contractor, Salisbury District five hundred pounds for which he is to account with the General Assembly, and Harvey or the northern Treasurer be allowed in their public accounts for the same.

Resolve, allowing Sarah Dupree 80 pounds for negro executed by public authority.

Resolve, allowing James Robertson four-hundred and eighty seven pounds ten shillings and three pence for his services in attending on Indian affairs.

Report of Committee authorizing the Commissary of stores to draw on the Treasury for fifteen thousand pounds to purchase officers clothes.—Sitgreaves January session, Halifax, second Journal (20).

Resolve, allowing Charles Waddell, 11 shillings and five pence for carrying prisoners to Salisbury gaol.

Resolve, allowing Wm. Bryan of Johnston County twenty-seven pounds twelve shillings and eleven pence for an equal sum spent by him for public use.

Resolve, allowing Wm. Wooton the sum of five-thousand pounds to enable him to purchase provisions for the public.

Resolve, allowing Charles Pasteur, one-hundred and ten pounds for medicines furnished such soldiers.

Resolve, allowing Charles Pasteur, one-hundred and sixty-two pounds for medicines, &c.

Resolve, directing the Commissary of stores pay Dr. William Savage, eight-hundred and eighty-four pounds and twelve shillings being the amount of sundries delivered by Thomas Sitgreaves in behalf of Dr. Savage to Col. Chariol's Troops.

-------------------- page 611 --------------------

Resolve, allowing Whitmel Hill two hundred and fifty-two pounds, five shillings and two pence, he having advanced that sum on public account.

Resolve, permitting Wm. Amis to draw on the Treasury for four thousand pounds.

Resolve, allowing John Wooten an annuity of twenty barrels corn.

Resolve, directing either of the Treasurers to pay into the hands of John Haywood, Secretary Board of War, fifty thousand pounds.

Resolve, allowing George Harper twenty barrels corn out of specific tax Franklin County.

Resolve, allowing Thomas Hunter eleven thousand, nine hundred and fifty pounds, the like sum of his own being spent in purchasing provisions for public account.

Resolve, directing either of the Treasurers to pay into the hands General Gregory twenty-five thousand pounds, to be applied on public account.

Resolve, directing the Treasurer of Salisbury District to pay Frank Shelby $8,587 for to enable him to repay an equal sum borrowed on public account.

Resolve, directing the Treasurer of Edenton to pay Mr. Iredell twenty thousand pounds for his public services.

Resolve, allowing Robert Bignall fourteen thousand, seven hundred and forty pounds for his services as Chancellor.

Resolve, allowing John Spicer nine thousand and eighty-two pounds for the like service.

Report of committee directing the Commissioner of Franklin County to pay twenty-five barrels of corn to Joshua Gordon, he being unable to support himself.

Resolve, allowing Vincent Vass twenty-five thousand pounds for his services to the General Assembly.

Resolve, allowing Joel Lane, Esquire, fifteen thousand pounds for house rent, pasturage, &c.

Resolve, Smithfield Journal, appointing commissioner for fixing on a place for seat of Government, and allowing them a certain sum, No. 30.

Resolve, allowing Jno. Jervis fifty-six pounds and sixteen shillings for a claim too.

Resolve, allowing Robert Lanier thirty-seven pounds for certificate allowed by last Congress and lost.

-------------------- page 612 --------------------

William Amis' resolve to receive from any Treasurer fifty-seven pounds to support the guard at Halifax. Toole's 2nd Journal.

Green's first session, and Smithfield Journal examined. Toole's examined.

Resolve, allowing H. Dixon the sum of four hundred dollars per month during the time he shall act as inspector over a regiment of militia sent to South Carolina.—Sitgreave's 2nd Journal, Halifax (10).

Resolve, allowing John Wilson the like sum.

Toole's 4th Journal, allowances as to delegates, &c.

Resolve, ascertain the pay of the surviving State officers.—Sitgreave's 2nd Journal, Halifax, Jan. 29th, towards the last.

We herewith return the resolve of your House in favor Major Henry Dickson.

Concurred with.

Wm. Hill, S. S.

Received from the Commons the following message:

Mr. Speaker and Gentlemen of the Senate:

We herewith return the resolve of your House for making void all entries or claims on the lands reserved by resolve of Congress in December 1776 to the State near or about the Iron Works &c., &c.

Concurred with.

Thomas Benbury, S. C.

At the same time received the resolve of this House referred to in the above Message.

Endorsed in the House of Commons, 23 April, 1778.

Read and Concurred with.

Thomas Benbury, S. C.

Received from the Commons the Bill for restraint of vagrants and preventing desertion.

Endorsed in the House of Commons, 29 April, 1778.

Read the second time amended and passed.

A Bill for procuring a great seal for this State.

Endorsed in the House of Commons, 29 April, 1778.

Read the first time and passed.

-------------------- page 613 --------------------

Ordered that the Bill for procuring a great seal for this State be read, the same being read passed the first time.

Sent to the Commons by Mr. Stone and Mr. Rhodes.

Ordered that the Bill for restraint of vagrants and preventing desertions be read, the same being read was amended and passed.

Sent to the House of Commons by Mr. Stone and Mr. Rhodes.

Resolved that Col. Nicholas Long be allowed the sum of one thousand four hundred pounds for four waggons and teams which he sent to Head Quarters and which by general orders, dated January 20, 1778, were taken for the use of the United States.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House in favour of Col. Nicholas Long for four waggons taken from him by general orders.

W. Hill, S. S.

Received from the Commons the Bill for allowing salaries to the Governor, Secretary, Delegates, Treasurers and Members of the Council of State and other purposes.

Endorsed in the House of Commons, 29 April, 1778.

Read the second time amended and passed.

On motion, the foregoing Bill was read the third time amended passed and ordered to be sent to the Commons.

Sent by Mr. Lowrie and Mr. Jones.

Received from the Commons the Bill for restraint of vagrants and preventing desertion.

Endorsed in the House of Commons, 29 April, 1778.

Read the third time, amended and passed.

A Bill to amend an act entitled an act to establish a town in the County of Mecklenburg.

Endorsed in the House of Commons, 29 April, 1778.

Read the second time amended and passed.

A Bill to amend an act entitled an act to regulate the pilotage of Cape Fear and Ocracock Bars and the rivers leading from the same to Brunswick, Wilmington, New Bern, Bath and Edenton.

Endorsed in the House of Commons, 29 April, 1778.

Read the second time and passed.

-------------------- page 614 --------------------

On motion, the Bill for restraint of vagrants and preventing desertion was read the third time amended by consent of both Houses passed and ordered to be engrossed.

Received from the Commons the Bill for directing and appointing the place where the Clerk of the Court for Currituck County and the Naval Officer for Port Currituck shall keep their Offices.

Endorsed in the House of Commons, 29 April, 1778.

Read the second time and passed.

A Bill for ascertaining Sheriffs' and Constables' fees in this State.

A Bill for building a Court House in Elizabeth Town in the County of Bladen.

Endorsed in the House of Commons, 29 April, 1778.

Read the third time and passed.

A Bill to prevent the exportation of beef, pork, bacon and Indian corn.

Endorsed in the House of Commons, 29 April, 1778.

Read the second time and passed.

A Bill for appointing Commissioners to build a bridge across Cotentney creek and for other purposes therein mentioned.

Endorsed in the House of Commons, 29 April, 1778.

Read the third time and passed.

Received from the 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. DeCottineau.

At the same time received the resolve referred to in the above Message, as follows:

Capt. DeCottineau, having presented a memorial to this House informing that he had some time since imported a valuable cargo of stores into this State fit for the use of the Continental Army and that he had planted and erected a fort at Cape Look-out for the protection of the Harbour thereof, and also that he had addressed a letter to the Congress, praying a commission whereby he might be entitled to fight under Continental Colours, which being considered:

Resolved, that this House entertains a most grateful sense of the important Services rendered by Capt. De Cottineau to the United

-------------------- page 615 --------------------
States, by the importation of the stores aforesaid and to this State in particular, by planning and erecting a Fort at Cape Lookout, and the highest opinion of Capt De Cottineau as a gentleman and a soldier and therefore that His Excellency the Governor, be requested to forward Capt. De Cottineau's letters to the Congress together with a copy of this Resolution.

Thos. Benbury, S. C.

The said Resolve being read and considered was concurred with.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the Resolve of your House in favor of Capt. DeCottineau. Concurred with by this House.

W. Hill, 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 empowering His Excellency the Governor, to draw on the Continental Treasury for a certain sum therein mentioned.

Thos Benbury. S. C.

At the same time received the Resolve of the House of Commons referred to in the above Message, as follows:

Resolved that His Excellency the Governor, be impowered to draw on the Continental Treasury for five hundred thousand dollars to be applied in raising and marching men to complete the Continental Battalions belonging to this State, and to other Continental purposes. And that it be earnestly recommended to His Excellency to take the most immediate and effectual steps for obtaining this supply of money, without delay.

Ordered that the above Resolve be concurred with. And that a Message be sent to the House of Commons as following:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House impowering His

-------------------- page 616 --------------------
Excellency the Governor to draw on the Continental Treasury for a certain sum therein mentioned, concurred with.

W. Hill, S, S.

On motion, Mr. William Russell, has leave of absence from this House during the remainder of this present session of Assembly.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House impowering the Governor and Council to finally settle the accounts of William Kenan, deceased, &c.

Thos. Benbury, S. C.

At the same time received the resolve of the Commons referred to in the above Message, as follows:

Whereas, the settlement of Col. Kenan's account was by order of the General Assembly in April 1777, referred to the Governor and Council and they proceeded to a settlement thereof accordingly, but the same time has not been concurred with by the General Assembly. And whereas, it is suggested by Mrs. Ken an, relict of the Mr. Kenan, that she has sundry just claims on behalf of said Mr. Kenan, deceased, against the State not included in the settlement aforesaid.

Resolved therefore that the Governor and Council be impowered to reconsider and finally settle the accounts of Col. Kenan against this State, and to this end that they call upon Mr. Hunt for a state of charges against said Mr. Kenan, and that His Excellency grant a warrant or warrants on the Treasury for such balance if any as may appear to be due to the estate of Col. William Kenan.

Thos. Benbury, S. C.

The above resolve being read was concurred with.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House relative to Col. William Kenan's account concurred with.

W. Hill.
-------------------- page 617 --------------------

Received from the House of Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith return the resolve of your House allowing Col. Nicholas Long a certain sum therein mentioned for four waggons, &c.

Concurred with.

Thos. Benbury, S. C.

At the same time received the resolve of this House referred to in the above Message.

Endorsed in the House of Commons, 29 April, 1778.

Concurred with.

T. Benbury, S. C.

On motion, the Bill to prevent the exportation of beef, pork, bacon and indian corn, and the Bill to amend an act entitled an act to establish a town in the County of Mecklenburg, was read the second time and passed and ordered to be sent to the Commons.

Sent by Mr. Rhodes and Mr. Hinton.

On motion the Bills for directing and appointing place where the Clerk of the Court for Currituck County and the Naval Officer for Port Currituck shall keep their officers, and the Bills to amend an act entitled an act to regulate the pilotage of Cape Fear and Ocracock Bars and the rivers leading from the same to Brunswick, Wilmington, New Bern, Bath and Edenton, was read the third time, passed and ordered to be sent to the Commons.

Sent by Mr. Rhodes and Mr. Shepperd.

On motion, the Bill to enforce such parts of the Statute and and Common Laws as have been heretofore in force and use here, and the Acts of Assembly made and passed when this Territory was under the Government of the late proprietors of the Crown of Great Britain, and for revising the several Acts therein mentioned.

The Bill for building a Court House in Elizabeth Town, in the County of Bladen.

A Bill for ascertaining Sheriffs' and Constables' fees in this State.

And a Bill for appointing Commissioners to build a bridge across

-------------------- page 618 --------------------
Cotentney Creek, and for other purposes therein mentioned, were read the third time, passed and ordered to be engrossed.

The House adjourned till tomorrow morning, 8 o'clock.


Thursday, 30th April, 1778.

The House met according to adjournment.

On motion, Mr. Respess has leave of absence during the remainder of this present session, after tomorrow.

On motion, resolved, that His Excellency, the Governor, be requested to issue blank sheriffs' commissions to the members of Assembly who shall apply for them, to be filled up and delivered to the members recommended by the respective County Courts, and to which they shall qualify the succeeding court.

Ordered that 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 requesting His Excellency to give blank sheriffs' commissions to such persons of Assembly as shall apply for the same.

On motion, ordered that the Clerk of this House be directed to make out the estimate of allowances to the members until Saturday next, inclusive.

Received from the 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 James Davis, Esquire, Printer.

Thos. Benbury, S. C.

At the same time, received the resolve of the Commons, referred to in the above message, as follows:

On motion, resolved, that James Davis, Esquire, Printer, be allowed the sum of six hundred pounds for printing the Acts and Journals of the last session of Assembly, instead of that sum for last year; that the Treasurers, or either of them, pay him the same and be allowed in their accounts with the public.

The above resolve being read, was concurred with.

-------------------- page 619 --------------------

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House in favor of James Davis, Esquire.

Concurred with.

On motion, resolved, that Mr. James Green, Jr., Mr. Christopher Neale and Mr. John Hunt, be impowered, and they, or any two of them, are hereby required to liquidate and adjust the accounts of this State against the United States, and to complete and deliver them to His Excellency, the Governor, as soon as possible, that they may be by him transmitted to the Continental Congress before the first day of July, next, agreeable to their resolve.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith send for your concurrence a Resolve of this House empowering certain persons therein mentioned ta liquidate and adjust the accounts of this State against the United States etc.

W. Hill, S. S.

Whereas it is absolutely necessary to appoint field officers in the County of Wake.

Resolved that Michael Rogers is hereby appointed Colonel; Tignall Jones, Lieutenant Colonel; Simon Turner first Major; Lodowick Alford second Major of the militia in the said County, and that it be recommended to His Excellency the Governor to issue Commissions accordingly.

Ordered that 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 for appointing field officers in the County of Wake and are fully of opinion the persons mentioned in the said resolve are such as will give the greatest satisfaction to the inhabitants of that County and meet the approbation of your House.

W. Hill, S. S.
-------------------- page 620 --------------------

Received from the Commons the following Message:

A Bill for securing a great seal for this State.

A Bill to impower to County Courts in this State to order the laying out of public roads, and establish and settle ferries and for other purposes therein mentioned.

Endorsed in the House of Commons, 30 April, 1778.

Read the second time and passed.

Also a Bill to amend an act entitled an act to establish a town in the County of Mecklenburg.

A Bill to prevent the exportation of beef, pork, bacon, Indian corn.

Endorsed in the House of Commons, 30 April, 1778.

Read the third time and passed.

On motion, the Bill to impower the County Courts in this State to order the laying out of public roads and establish and settle ferries and other purposes therein mentioned.

And the Bill for procuring a great seal for this State was read the second time, passed, and ordered to be sent to the Commons.

Sent by Mr. Sumner and Mr Rhodes.

On motion, the Bill to prevent the exportation of beef, pork, bacon and Indian corn.

A Bill to amend an act entitled an act for establishing a town in Mecklenburg County, passed in the year 1768 were read the third time passed and ordered to be engrossed.

Received from the 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 Monsieur le Chevalier De Chambray.

T. Benbury, S. C.

Also a resolve referred to in the above Message as follows:

On motion, resolved that the Commissioners for erecting and building a Fort at Cape Lookout Bay be directed to pay to Mrs. Bartholomew the damage she sustained by having her chair broke by Mons. Le Chevalier De Chambray in travelling from Beaufort to New Bern to confer with His Excellency the Governor respecting the planning and erecting at Cake Lookout a Fort, and that they be allowed for the same in their accounts with the public.

The same being read was concurred with.

-------------------- page 621 --------------------

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House relative to Mons. Le Chevalier De Chambray.

Concurred with.

W. Hill, S. S.

Whereas volunteers cannot be raised without ready money and men are immediately wanted.

Resolved therefore that the entry takers and sheriffs of the several Counties immediately advance to the Colonel or Commanding Officers of the same as many hundred dollars as there are men to be raised in each County respectively out of the public money and that the Col. or Commanding officer repay the said sums on his receiving the same sum for that Deputy Post Master General.

Ordered that the following Message together with the foregoing resolve 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 impowering the Col. or Commanding Officer of each County to receive a certain sum of money therein mentioned from the entry takers and Sheriffs of the respective Counties &c.

W. Hill, S. S.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House for allowing the Members of this present General Assembly a certain sum therein mentioned.

At the same time received the resolve referred to in the above Message as follows:

On motion, resolved that the members of this present General Assembly be allowed the sum of forty shillings for each day's travelling to attending at and returning from this present Session of Assembly.

Thomas Benbury, S. C.

The House taking the said resolve into consideration concurred therewith.

-------------------- page 622 --------------------

Then on motion of Mr. Coor ordered that the yeas and nays be taken which were as follows:

Yeas:
Robert Harris,
John Ashe,
Elisha Battle,
Williams Shepperd,
Charles Robeson,
Gen. Rutherford,
James Saunders,
Henry Rhodes,
Robert Irwin,
William Graham,
Ebenezer Folsom,
James Kenan.
Nays:
James Coor,
Thomas Owen,
Zedekiah Stone,
Luke Sumner,
Robert Sumner,
Oroondates Davis,
Michael Rogers,
Allen Jones,
John Chiles.

On motion, for concurring with foregoing resolve of the House of Commons for forty shillings per diem to every member of the General Assembly.

Dissentient—

Because we consider ourselves bound by the resolves of the last Assembly for if the Assembly proceed in this course there is no knowing where the evil will stop for by the same reason that they double their pay today they may increase it to infinity hereafter.

James Coor,
Thomas Owen,
Benjamin Exum,
Zedekiah Stone,
Luke Sumner,
Robert Sumner,
Oroondates Davis,
Michael Rogers,
Allen Jones,
John Chiles.
-------------------- page 623 --------------------

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith return the resolve of your House requesting His Excellency to grant blank Sheriff's Commissions to such members of Assembly as shall apply for the same.

Concurred with.

T. Benbury, S. C.

At the same time received the Resolve of this House referred to in the above Message. Endorsed in the House of Commons, 30th April, 1778.

Concurred with.

Thos. Benbury, S. C.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the Resolve of your House, for allowing the members forty shillings per day.

Concurred with.

W. Hill, S. S.

Resolved, that Charles Bonfield and Henry Montfort, former Commissioners for loading the armed Brigantine, the Pennsyvania Farmer belonging to this State do after giving due notice in the Virginia and North Carolina Gazette, sell at public Vendue the said Brigantine her Tackle, Apparel and Furniture for the best price that may be had and and pay by equal proportions the amount of the net proceeds into the hands of Mr. Charles Bonfield of Edenton, and Mr. Thomas Sitgreaves of New Bern, to be by them laid out in purchasing Tobacco for the use of this State and to be disposed of together with all such other public Tobacco as hath been already purchased, as his Excellency the Governor' and the Council of this State may direct.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith send for your concurrence a Resolve of this House relative to Pennsylvania Farmer.

W. Hill, S. S.
-------------------- page 624 --------------------

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a Resolve of this House impowering the Governor and Council to settle with the persons claiming the goods that were taken by Warrant under the hands of Joseph Leech and William Tisdale, Esquires, which was supposed to belong to Messrs Savage and Westmore, the sum claimed by one Mr. O'Connor.

T. Benbury, S. C.

Also the resolve referred to in the above Message as follows:

Resolved, that his Excellency the Governor, and the Council be impowered to settle with the persons claiming the Merchandise seized by Wm. Tisdale and Joseph Leech, Esquires, for the United States then supposed to belong to Messrs Savage and Westmore, but now claimed by a certain Mr. O'Connor, and that His Excellency grant to the proper owners a Warrant on the Treasury for the amount which shall be found due. The House taking the said Resolve into consideration concurred therewith.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the Resolve of your House, respecting certain goods taken by Warrant of Joseph Leech and William Tisdale, Esquires.

Concurred with.

Received from the House of Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith return the resolve of your House impowering the entry takers and sheriffs of the several counties to advance certain monies therein mentioned and concurred with.

Thos. Benbury, S. C.

Received the resolve of this House referred to in the above Message:

Endorsed in the House of Commons, 30 April, 1778.

Read and concurred with.

-------------------- page 625 --------------------


Monday, 27 April, 1778.

The House met according to adjournment.

Mr. John Lowry, the member for the County of Pasquotank,

Mr. John Chiles, the member for the County of Anson,

Mr. James Kenan, the member for the County of Duplin, and Mr. Ebenezer Folsom, the member for the County of Cumberland, appeared, qualified agreeable to law and took their seats.

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

Mr. Speaker and Gentlemen of the House of Commons:

The House propose if agreeable to the House of Commons to ballot to-morrow evening at 5 o'clock for a Delegate to represent this State in Congress for the ensuing year, in the stead of Abner Nash, Esq., resigned, and put in nomination for that purpose Richard Henderson, Esq.

On motion, the Bill to amend an act entitled an act for laying a tax to defray the expence of the public buildings in the County of Burke and other purposes therein mentioned, was read the second time, passed and ordered to be sent to the Commons.

Sent by Mr. ———

Received from the Commons the following Bills:

A Bill for ascertaining Sheriffs' and Constables' fees in this State.

Endorsed in the House of Commons, 25 April, 1778.

Read the second time and passed.

A Bill more effectually to punish the persons concerned in the several species of counterfeiting in this State.

A Bill to impower the Justices of Duplin County to take into their possession the Records of said County now in possession of James Sampson.

Endorsed in the House of Commons, 25 April, 1778.

Read the third time and passed.

On motion, the Bill to amend an act entitled an act 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, was read the third time, passed and ordered to be engrossed.

On motion, the Bill to amend an act entitled an act to regulate

-------------------- page 626 --------------------
the pilotage of Cape Fear and Ocracock Bars and the rivers leading from the same to Brunswick, Wilmington, New Bern, Bath and Edenton, was read the second time, passed and ordered to be sent to the House of Commons.

Sent by Mr. ———.

On motion, the Bill for regulating Campbelton and erecting public buildings, was read the third time, passed and ordered to be engrossed.

On motion, the Bill more effectually to punish the persons concerned in the several species of counterfeiting in this State, was read, amended by consent of both Houses and ordered to be engrossed.

On motion, the Bill to impower the Justices of Duplin County to take into their possession the Records of said County now in possession of James Sampson, was read the third time, passed and ordered to be engrossed.

On motion, a Bill for ascertaining Sheriffs' and Constables' fees in this State, was read the second time, passed and ordered to be ent to the House of Commons.

Sent by Mr. Rutherford and Mr. Irwin.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We have received the Message of your House proposing to bal lot tomorrow evening at 5 o'clock for a Delegate to represent this State in Congress the ensuing year in the stead of Abner Nash, Esq., resigned, and concur therein and put in nomination for that purpose John Williams, Esq., of Granville.

Jno. Williams, S. C.

Received from the Commons the following Message:

Mr, Speaker and Gentlemen of the Senate:

We herewith send you a Message from His Excellency, the Governor, and sundry Letters, etc., therein referred to. Also a Resolve of this House for your concurrence, which we have entered into, in consequence of the aforesaid Message, Letters, etc.

-------------------- page 627 --------------------

Also the Message from His Excellency the Governor as follows:

To the Honourable, the General Assembly:

Gentlemen:

By the last Post I received the Letters and Resolves of Congress herewith sent for your Consideration, to wit:

1. A letter from the Honourable the President of Congress with two Resolves inclosed.

2. A Letter from His Excellency, General Washington.

3. A Letter from the War Office.

4. A Letter from the same.

5. A Letter from Thomas Burke, Esq.

I am to inform you that a considerable quantity of Tin has lately arrived in Cape Fear which may answer the purpose of making the Boxes recommended by the Honourable the Board of War, which I shall order to be purchased for that purpose if you shall think proper to recommend the same.

R. Caswell.

New Bern, 27 April, 1778.

At the same time received the Resolve of the House of Commons, as follows:

Resolved, that his excellency, the Governor, be impowered to purchase all the Tin now in this State, or which may be imported into the same, for the purpose of making Tin Cannisters, and Leather and Deer Skins for making Bayonet Sheaths and Belts for the use of the Continental Army, and also to appoint proper persons to make the said Cannisters, Bayonet Sheaths and Belts upon the plan recommended by the Honourable Horatio Gates, Esquire, in his Letter of the 28th March, last, addressed to His Excellency, the Governor of this State: And that His Excellency take such measure for causing the said accoutrements when finnished to be transported to the Northward with all possible Expedition as to him shall seem best.

The House taking the said Resolve into consideration.

Concurred therewith.

-------------------- page 628 --------------------

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House impowering His Excellency, the Governor, to purchase tin, &c.

Concurred with by this House.

Also resolve as to Wilcox Iron Works.

On motion, the Bill to establish rules to be observed in celebrating of matrimony, was read the third time, passed and ordered to be sent to the Commons.

Sent by Mr. Battle and Mr. Russell.

Received from the House of Commons the following message:

Mr. Speaker and Gentlemen of the Senate:

We herewith return the resolve of your House appointing Elisha Isaacs, Esquire, first Major of the Wilkes Regiment of Militia.

Concurred with.

Jno. Williams, S. C.

Received the resolve of this House, referred to in the above message.

Endorsed in the House of Commons, 27 April, 1778.

Read and concurred with.

Mr. Speaker and Gentlemen of the Senate:

We herewith return the resolve of your House in favor of James Christian.

Concurred with by this House.

Jno. Williams, S. C.

At the same time, received the resolve of this House, referred to in the above message.

Endorsed in the House of Commons, 27 April, 1778.

Read and concurred with.

Jno. Williams, S. C.

On motion, the report of the committee appointed to consider

-------------------- page 629 --------------------
the petition of Mr. John Wilcox, was recommended and read, which is as follows:

Report of the committee appointed to consider the petition of Mr. John Wilcox.

The committee having inquired into the subject-matter of the petition, and obtained all the information which could be had at this distance from the scene of the transactions referred to, were of opinion that Mr. Wilcox has sustained damages through means of the interference of the public with his iron works in Chatham County, to a considerable amount over and above the sums of money heretofore advanced to him by the public, with the hire of McKnight's negroes, the improvements made by the commissioners and the pig iron made by Mr. Miller, inclusive.

They were also of opinion that the iron works ought to be restored to said Wilcox, together with the damages which occurred by the interference of the public.

Resolved, therefore, that the resolution of the General Assembly in December, 1777, directing the payment of five thousand, four hundred and eighty-six pounds to said Wilcox for the iron works aforesaid, and appointing commissioners to sell the same, be rescinded, and that the said iron works, with the appendages, including the lands and every article heretofore sold by said Wilcox to Robert Rowan and Philip Alston, commissioners on behalf of the public, be surrendered by the State to said Wilcox, and the conveyance above mentioned, and the contract made between the said Rowan, Alston and Wilcox be henceforward null and void, and that either of the Treasurers pay to Mr. Wilcox the sum of one thousand pounds for, and on account of, the damages by him sustained without any deduction whatever.

Resolved, also that the resolution of Congress at Halifax in December, 1776, reserving the Iron Ore Hill and the vacant lands adjacent for the use of the public be rescinded.

Willie Jones, Chairman.

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

Ms. Speaker and Gentlemen of the House of Commons:

This House concur with the report of the Committee appointed

-------------------- page 630 --------------------
to consider the petition of James Wilcox, he having declared his assent to this House to acquit, release and discharge this State from all further applications, claims and demands whatsoever for or on account of the said iron works.

On motion, resolved that all entries on the lands near or about the iron works in Chatham County (belonging to John Wilcox), which was reserved to this State by resolve of Congress passed at Halifax in Dec., 1776, and all claims on said lands by occupancy since the said resolution of Congress and previous to the passing this resolve be null and void and the said lands are hereby declared liable to the entry of any person whatsoever complying with the laws of this State.

Ordered that 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 for making void all entries or claims on the lands reserved by resolve of Congress in Dec., 1776, to the State near or about the iron works.

W. Hill, S. S.

Received from the House of Commons a Bill for raising men to complete the Continental Battalions belonging to this State.

Endorsed in the House of Commons, 27 April, 1778.

Read the third time, amended and passed.

Ordered, that the said Bill be read, which was read the third time, amended by consent of both Houses, passed and ordered to be engrossed.

Received from the Commons the following Bills:

A Bill to amend an act entitled an act for establishing offices for receiving entries of claims for lands in the several counties within this State for ascertaining titles to the same and for other purposes therein mentioned.

Endorsed in the House of Commons, 27 April, 1778.

Read the second time and passed.

-------------------- page 631 --------------------

A Bill for quieting and securing the Tuscarora Indians and others claiming under the Tuscaroras in the possession of their lands.

Endorsed 27 April, 1778.

Read the third time and passed.

The House adjourned till tomorrow morning 9 o'clock.


Thursday, 28 April, 1778.

The House met according to adjournment.

Received from the Commons the following Bills:

A Bill to prevent the exportation of beef, pork, bacon and Indian corn.

Endorsed in the House of Commons, 28 April, 1778.

Read the first time and passed.

A Bill for building a Court House in Elizabeth town, in the county of Bladen.

Endorsed in the House of Commons, 28 April, 1778, read the second time, amended and passed.

On motion, the Bill for quieting and securing the Tuscarora Indians and others claiming under the Tuscaroras, in the possession of their Lands, was read the third time, amended by consent of both Houses, and ordered to be Engrossed.

Received from the House of Commons a Bill for Restraint of Vagrants, and preventing Desertion.

Endorsed in the House of Commons, 28 April, 1778. Read the first time and passed.

Resolved, that all persons having any Books or papers relative to Entries or Grants for Land, do send and deliver to the Entry takers in the several counties in this State, all the Books, Grants, and Papers in their Hands, Granted under the former Government, for their use and inspection, and that the several Entry takers deliver to the persons to whom they belong, their several Grants first receiving the purchase money agreeable to Act of Assembly passed December, 1777.

Ordered, that the above Resolve, together with 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

-------------------- page 632 --------------------
requiring all persons who have any Books, Papers, etc. relative to Entries or Grants for Lands, to deliver them to the respective Entry takers, etc., etc.

W. Hill, S. S.

On motion, the Bill for building a Court House in Elizabeth Town, in the county of Bladen, was read the second time, passed and ordered to be sent to the Commons.

Sent by Mr. Battle and Mr. Russell.

On motion, the Bill to amend an act entitled an act 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, was read the third time, amended, passed and ordered to be sent to the House of Commons.

Sent by Mr. Owen and Mr. Sheppard.

Received from the Commons the Bill to alter the Times for holding the several Superior Courts of Law, and for the better arranging the county courts within this State.

Endorsed in the House of Commons, 28 April, 1778. Read the second time and passed.

On motion, the Bill to prevent the exportation of Beef, Pork, Bacon, and Indian Corn, was read the first time, passed and ordered to be sent to the Commons.

Sent by Mr. Owen and Mr. Sheppard.

On motion, the Bill for restraint of Vagrants and preventing desertion, was read the first time, passed and ordered to be sent to the Commons.

Sent by Mr. Owen and Mr. Sheppard.

On motion, ordered that Mr. Speaker issue a writ of election to the county of Nash to elect a member for this House. An election not having been held there at the time appointed by Law there being no Sheriff or Coroner to summon the Inhabitants together, and that the said election be held on the 19th day of June next.

On motion, the Bill to alter the times for holding the several Superior Courts of Law, and for the better arranging the County Courts within this State, was read the second time, passed and ordered to be sent to the Commons.

Sent by Mr. Owen and Mr. Sheppard.

-------------------- page 633 --------------------

Received from the Commons the Bill to establish a Court of Chancery and Equity in this State, and to regulate the mode of Proceeding therein.

Endorsed in the House of Commons, 28 April, 1778. Read the second time, amended and passed.

On motion, the foregoing Bill, was read the second time and rejected.

On motion, Resolved, that the Secretary or other persons having in possession the papers of such suits in Chancery as are not determined, deliver the same to the proper owner thereof on his making Oath that they are his, and giving a particular receipt for the same, then on motion of Mr. Coor,

Ordered, that the Yeas and Nays be taken on the foregoing Resolve, which were as follows:

Yeas.
John Ashe,
Robert Harris,
Edward Jones,
Thomas Owen,
Jeremiah Frazier,
Benjamin Exum,
Luke Sumner,
Elisha Battle,
William Sheppard,
Thomas Respess,
Michael Rogers,
Charles Roberson,
William Thompson,
Solomon Perkins,
Allen Jones,
James Kenan,
Ebenezer Folsom.
Nays.
James Coor,
William Russell,
Robert Sumner,
Griffith Rutherford,
James Saunders,
Henry Rhodes,
Robert Erwin,
William Graham,
John Chiles.

Ordered, that the above resolve, together 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 papers in the Secretary's Office, etc.

W. Hill, S. S.
-------------------- page 634 --------------------

Mr. Coor, the member appointed on the part of this House to superintend the Ballotting for one Delegate to represent this State in Congress the ensuing year, (in the stead of Abner Nash, Esquire, resigned), reported as follows, to wit:

That having taken and fairly numbered the Ballots of the members of both Houses, it appeared that John Williams, Esquire, of Granville county, was elected by a majority of the votes of both Houses.

The House taking said report into consideration concurred therewith.

On motion, Resolved that the following Message be addressed to His Excellency, the Governor, and sent to the House of Commons for concurrence:

To His Excellency Richard Caswell, Esquire, Captain General, Governor, etc., etc.

Sir:

The General Assembly having concurred with the report of the Committee appointed to consider the proposal of Mons. Chariol for raising a Regiment for the service of this State or of the United States (a copy of which we herewith send you), requesting your Excellency will grant a commission to Mons. Chariol as Col., and also Commissions to his Officers, agreeable to report.

W. Hill.

Ordered 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 concurrence a Message which this House propose to be addressed to His Excellency, the Governor, requesting him to fill up a Commission to Mons. Chariol.

The House adjourned until tomorrow morning 8 o'clock.


Wednesday, 29 April, 1778.

The House met according to adjournment.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House

-------------------- page 635 --------------------
in favor of Col. Archibald Lytle, also the following resolve referrred to in the above Message.

Mr. Courtney from the Committee of Claims reported that there is due to Col. Archibald Lytle, the sum of fifty-six pounds eight shillings as appears by said report filed.

Resolved, that the Treasurers or either of them pay the said Col. Archibald Lytle, the aforesaid sum of fifty-six pounds eight shillings and be allowed in their accounts with the public.

The same being read was concurred with.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House in favor of Col. Archibald Lytle.

Concurred with.

W. Hill, 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 in favor of Major Henry Dixon.

At the same time received the resolve of the Commons referred to in the above Message, as follows:

Mr. Courtney of the Committee of Claims reported that there is due to Major Henry Dixon on three claims the sum of one hundred and fifty-three pounds seventeen shillings and eight pence as appears by said report filed.

Resolved that the Treasurers or either of them pay him the said Major Henry Dixon, the aforesaid sum of one hundred and fiftythree pounds and seventeen shillings and eight pence and be allowed in their accounts with the public.

The House taking the above resolve into consideration concurred therewith.

-------------------- page 636 --------------------

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We propose if agreeable to the Senate to ballot at 5 o'clock this evening for officers for Fort Hancock and Fort Johnston, and put in nomination for Captain of Fort Hancock, John Tillman, Esq.; for first Lieutenant, Zephariah Pinkham and Andrew Blanchard; for second Lieutenant, Uriah Jones. For captain at Fort Johnston, Thomas Bloodworth and Robert Ellis; for first Lieutenant, James Smith; for second Lieutenant, John Devane, Jun.

If you acceed to this measure please signify the same by Message.

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

Mr. Speaker and Gentlemen of the House of Commons:

We have received your Message proposing to ballot this evening at 5 o'clock for officers for Fort Johnston and Fort Hancock and put in nomination for Fort Johnston, Robt. Ellis, Captain; Thomas Bloodworth, first Lieutenant, and John Devane, Jun.' second Lieutenant; and for Fort Hancock, John Tillman, Captain; Andrew Blanchard, first Lieutenant, and Zephaniah Pinkham, second Lieutenant.

W. Hill, S. S.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House impowering Mr. John Easton to purchase a vessel, &c., for a tender to the Caswell, also the resolve referred to in the above Message, as follows:

Resolved, that Mr. John Easton be impowered to purchase a small fast sailing vessel and rig and fit her to serve as a tender to the ship Caswell, and that His Excellency grant a warrant in favor of Mr. Easton, on either of the Treasurers for such sum as may be necessary for that purpose.

T. Benbury.

The above resolve being taken into consideration, was concurred therewith.

-------------------- page 637 --------------------

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House relative to Captain Easton's purchasing a tender for the Caswell.

Concurred with.

Received from the Commons the following message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House referring the pay roll of the ship Caswell, Capt. Wilson, commander, to the Governor and Council, &c.

At the same time, received the resolve of the House of Commons, referred to in the above message, as follows:

Resolved, that the pay roll of the ship Caswell, Capt. Wilson, commander, for the additional pay voted by the General Assembly in December, 1777, be submitted to His Excellency, the Governor, and Council, and that the Governor be impowered to grant a warrant on either of the Treasurers for the amount which shall be found due.

The House taking the said resolve into consideration, concurred therewith, and ordered that 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 referring the pay roll of the ship Caswell, Capt. Wilson, commander, to the Governor and Council.

Concurred with.

Received from the 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 Mons. le Chevalier De Chambray.

Also the resolve referred to in the above message, as follows:

The memorial of Mons. le Chevalier De Chambray being read and considered;

Resolved, that this House highly approve of Mons. le Chevalier de Chambray's conduct since his arrival in North Carolina; that

-------------------- page 638 --------------------
they entertain a most grateful sense of his disinterested and important services rendered to this State by planning and erecting Fort Hancock, and a high opinion of his knowledge and abilities in gunnery and fortification;

Resolved, that His Excellency be requested to grant recommendatory letters to Mons. le Chevalier De Chambray, addressed to the Congress and to His Excellency, General Washington, and that he also transmit a copy of the proceeding resolve.

The above resolve being taken into consideration, was concurred with and ordered that 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 Mons. le Chevalier De Chambray.

Concurred with.

Mr. Coor, who was appointed on the part of this House to superintend the balloting for officers for Fort Hancock and Fort Johnston, reported as follows, to which that: That John Tillman, Esq., was appointed Captain of Fort Hancock; Zepheniah Pinkham, First Lieutenant, and that no person had a majority of votes as second Lieutenant; that Robert Ellis was appointed Captain of Fort Johnston; James Smith, First Lieutenant, and John Devane, Jr., Second Lieutenant of said Fort.

The House taking the said report into consideration concurred therewith and resolved that His Excellency the Governor and the Council be impowered to appoint some proper person as second Lieutenant at Fort Hancock.

The House adjourned till tomorrow morning 8 o'clock.


Friday, 1 May, 1778.

The House met according to adjournment.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House for supplying the army with clothing, &c.

T. Benbury, S. C.
-------------------- page 639 --------------------

At the same time received the resolve referred to in the above Message, as follows:

Whereas, it is essentially necessary for the preservation of the health of the troops belonging to this State and to enable them to bear the rigor of a northern climate, that they be fully supplied with clothing and so as it is possible that supplies from abroad may fail hereafter.

Be it therefore resolved, that the several counties shall furnish clothing as follows:

County.
Hats.
Yards Linen.
Yards Woolen or
double wove cotton cloth.
Pairs of Shoes.
Pairs of Stockings.
Rowan
124
524
248
248
248
Mecklenburg
72
304
144
144
144
Tryon
55
231
110
110
110
Anson
56
233
112
112
112
Surry
63
263
126
126
126
Guilford
112
466
224
224
224
Burke
44
188
88
88
88
Washington
44
188
88
88
88
Wilkes
25
105
50
50
50
Orange
73
306
146
146
146
Granville
50
210
100
100
100
Wake
43
179
86
86
86
Chatham
48
198
96
96
96
Caswell
48
198
96
96
96
Halifax
63
262
126
126
126
Northampton
45
189
90
90
90
Edgecombe
44
188
88
88
88
Bute
76
315
152
152
152
Martin
28
116
56
56
56
Nash
39
164
78
78
78
Chowan
24
98
48
48
48
Perquimans
24
98
48
48
48
Pasquotank
32
135
64
64
64
Currituck
36
149
72
72
72
Bertie
55
220
110
110
110
Tyrrel
24
101
48
48
48
Hertford
44
185
88
88
88
Camden
29
122
58
58
58
Carteret
22
90
44
44
44
Craven
63
263
126
126
126
Beaufort
17
81
34
34
34
Johnston
25
105
50
50
50
Hyde
21
39
42
42
42
Dobbs
73
306
146
146
146
Pitt
25
105
50
50
50
New Hanover
23
97
46
46
46
Onslow
35
143
70
70
70
Bladen
45
189
90
90
90
Duplin
44
188
88
88
88
Cumberland
53
216
105
105
105
Brunswick
9
38
18
18
18
-------------------- page 640 --------------------

And the justices and field officers in every County at the first Court after the Session of Assembly if convenient, or otherwise at the second Court, are hereby authorized and required to proportion the cloathing afore mentioned to the several companies and to the Quakers, Mennonists, Dunkers and Moravians where there shall be any such in the County, and the several companies in the different Counties being notified of their proportions by the Justices and Field Officers shall agree among themselves what articles each person belonging to or living in the District of the Company shall furnish and likewise the Quakers, Mennonists, Dunkers, and Moravians shall agree among themselves respectively and the Captains of the Companies and the head or leading men of the said persuasions shall return exact lists of the persons names who are to furnish the different articles according to such agreement to the Colonel or Commanding Officer of the militia in each respective County and if any Captain shall fail to return such lists he shall forfeit and pay the sum of one hundred pounds to be levied by warrant from the Colonel or Commanding Officer aforesaid and applied in like manner as militia fines and if the Quakers, Mennonists, Dunkers or Moravians shall fail to return such lists it shall and may be lawful for the Colonel or Commanding Officer aforesaid to issue his warrant against anyone or more of the people belonging to the profession so failing, authorizing the person to whom the same shall be directed to seize and sell as much of the property of such person or persons as will purchase the quantity of cloathing required and the Colonel or Commanding Officer shall apply the money accordingly and if any person belonging to any company the Captain of which shall have returned a proper list as aforesaid shall fail to furnish his or her proper quota the Colonel or Commanding Officer may proceed in manner afore mentioned against the person so failing and apply the money in purchasing his or her quota of cloathing provided that the Colonel or Commanding officer in any County shall not issue his warrant against any Captain for not returning a list until twenty days after the Court which shall apportion the cloathing, nor against any individual of any Company or society afore mentioned until the 20th day of September next and the Colonel or Commanding Officer in each and every County is hereby authorized and required to receive the cloathing afore mentioned from the persons who shall furnish the

-------------------- page 641 --------------------
same, and the said cloathing shall be valued on oath by three indifferent freeholders or householders in the Counties of Washington, Wilkes, Burke and Surry and in other Counties by three freeholders, who shall certify the valuation and such certificates with receipts endorsed thereon from the Colonel or Commanding officer of delivering thereof shall be received in payment of public taxes by the collectors in their respective districts, and the Colonels or commanding officers are impowered and required to hire waggons or carts and horses, and if necessary to press them to convey the clothing afore mentioned to Halifax Town as soon as may be, to be delivered to the Commissary of stores or his deputy for the sole and particular use of the North Carolina troops, and the Colonel or commanding officers shall send one complete inventory of such clothing with the same to the Commissary or his deputy, and another to the General Assembly at their next session, together with an account of disbursements for conveying the said clothing to Halifax.

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

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

Mr. Speaker and Gentlemen of the House of Commons:

We have read and concurred with the resolve of your House for providing clothing for the Continental troops raised in this State.

W. Hill, S. S.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith return the resolve of your House appointing Commissioners to sell the Pennsylvania Farmer, &c., &c.

Concurred with.

At the same time received the resolve of this House referred to in the above Message.

Endorsed in the House of Commons, 30 April, 1778.

Concurred with.

Thos. Benbury, S. C.
-------------------- page 642 --------------------

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House impowering the Delegates of this State in Congress to procure some person to provide certain things therein mentioned for the Continental Troops of this State.

At the same time received the resolve referred to in the above Message, as follows:

Resolved, that it be recommended to the Delegates of this State to the Congress to procure the appointment of some person on behalf of this State to purchase whiskey, brandy or rum, and coffee and brown sugar and issue it to the North Carolina Continental Troops so as that they shall have it and upon as reasonable terms as any soldiers in the Continental Army and that this state be debited for the expense and loss which may occur by this measure.

The House having considered the above resolve concurred therewith and ordered that the following Message be sent to the House of Commons:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House impowering the Delegates of this State in Congress to procure some person to provide certain things therein mentioned for the Continental Troops of this State.

Concurred with.

W. Hill, S. S.

Received from the Commons the following Bills:

A Bill for procuring a Great Seal for this State.

A Bill to impower the County Courts in this State to order the laying out of public roads and establish and settle ferries and other purposes therein mentioned.

A Bill to alter the times for holding the several Superior Courts of law and for the better arranging the County Courts within this State.

Endorsed in the House of Commons, 1 May, 1778.

Read the third time and passed.

-------------------- page 643 --------------------

On motion, resolved that the Governor be impowered to grant Commissions to the officers of Forts Hancock and Johnston after the officers of such Forts have enlisted one-half of their men, and that no men be enlisted for such Forts until all the troops destined for the northward be first raised.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House requesting His Excellency, the Governor, to issue Commissions to the Officers of Forts Hancock and Johnston at a certain time.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House declaring how long the soldiers of Forts Hancock and Johnston shall be enlisted.

At the same time received the resolve referred to in the above Message as follows:

Resolved, that the men to be raised to garrison Fort Hancock and Fort Johnston be enlisted for the time of one year, which being read was concurred with.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House relative to the time for enlisting the men for Forts Hancock and Johnston.

Concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House directing the Clerk to deliver certain papers therein mentioned to John Wilcox.

At the same time received the resolve referred to in the above Message as follows:

On motion, resolved that the Clerk of the House of Commons

-------------------- page 644 --------------------
deliver John Wilcox all his papers, &c., in his possession relative to the Iron Works in Chatham County.

The same being read was concurred with.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House relative to John Wilcox's papers.

Concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrrence a resolve of this House requesting His Excellency, the Governor, to issue certain Commissions.

At the same time received the resolve therein referred to as follows:

Resolved, that His Excellency, the Governor, be requested to send blank Commissions to the several Counties within this State to be filled up for the Officers which shall march to the northward with the troops now to be raised.

The same being read was concurred with.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House impowering His Excellency to send blank commissions to the different Counties, &c.

Received from the 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 stores to supply the Continental Officers appointed for this State with some articles of clothing.

Also a resolve referred to in the above message, as follows:

Resolved, that the commissary of stores be, and he is hereby,

-------------------- page 645 --------------------
directed to supply the officers of the Continental Army appointed by this State, and who have been in actual service to the northward and are now on duty there or in this State, with sufficient cloathing of every kind at one-third of the cost of such cloathing, provided that no officer shall draw more cloth than sufficient for one suit of clothes, nor more linen than will make four shirts, and not more of any other articles than may be necessary for a single man.

The same being read, was concurred with.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House for furnishing the Continental Officers of this State with cloathes, &c.

Concurred with.

Received from the Commons the following message:

Mr. Speaker and Gentlemen of the Senate:

This accompanies a resolve of this House impowering John Ashe, Esqr., Treasurer of this State, to pass a receipt to the Treasurer of the Continental Loan Office in this State for the sum of thirty thousand dollars, it being for so much already advanced to Mr. Thomas Craike, and desire your concurrence thereto.

At the same time, received the resolve of the Commons, referred to in the above message, which, being read, was concurred with and endorsed in the Senate, 1st May, 1778.

Concurred with.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House impowering John Ashe, Esqr., Treasurer of this State, to pass a receipt to the Treasurer of the Continental Loan Office in this State for a certain sumtherein mentioned.

Concurred with.

-------------------- page 646 --------------------

On motion, the Bill to alter the times for holding the several Superior Courts of law, and for the better arranging the County Courts within this State was read the third time, passed and ordered to be engrossed.

On motion, the Bill for procuring a great seal to this State, was read the third time, passed and ordered to be engrossed.

On motion, the Bill to impower the County Courts in this State to order the laying out of public roads, and establish and settle ferries and other purposes therein mentioned, was read the third time, passed and ordered to be engrossed.

Whereas, it will be impracticable for the Secretary to attend on the Council of State and in his office at the same time, and for want of some person properly authorized to authenticate copies from the Records and other necessary papers, much delay may happen;

Resolved, therefore, that it be recommended to the Secretary to appoint some person his Deputy, for whose conduct he shall be accountable, which Deputy so appointed, in the absence of the Secretary shall have full power and authority to sign, attest or exemplify any Record or other papers issuing from the Secretary's Office which in all cases shall have the same Force, Validity and Effect as if signed by the Secretary.

Ordered that 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 impowering the Secretary to appoint an assistant Clerk for the purposes therein mentioned.

W. Hill, S. S.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a Resolve of this House impowering His Excellency, the Governor, to draw on the Continental Treasury for certain sums of money therein mentioned, in favour of Nicholas Long, Esquire, D. Quarter Master General, etc.

-------------------- page 647 --------------------

Also a Resolve referred to in the above Message, which being read was concurred with and endorsed in the Senate, 1 May, 1778.

Concurred with.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the Resolve of your House in favour of Nicholas Long.

Concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a Resolve of this House impowering Richard Ellis, Esquire, to sell certain things therein mentioned, etc.

Also the Resolve referred to in the above Message, which was read and concurred with. Endorsed in the Senate, 1 May, 1778.

Concurred with.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the Resolve of your House relative to Mr. Ellis.

Concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

There is paid into the hands of the Chairman of the Committee of Accounts two hundred and thirty-three pounds, one shilling and four pence, old proclamation money, which we propose burning and desire your concurrence thereto.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith received your Message proposing to burn a certain

-------------------- page 648 --------------------
sum of old proclamation money therein mentioned, to which we agree.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence the report of the Committee appointed to examine the accounts of Robert Rowan, Commissioner, &c., also of this House in consequence thereof, also the report of the Committee aforesaid.

Endorsed in the Senate, 1 May, 1778.

Concurred with.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the report of the Committee appointed to examine the accounts of Robert Rowan, Commissioner, and concurred with.

Received from the 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 Thomas Williams, Commissary, also the resolve referred to in the above Message.

Endorsed in the Senate, 1 May, 1778.

Concurred with.

Ordered that 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 Thomas Williams.

Concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House allowing Mr. Alderson Ellison, a certain sum therein mentioned.

-------------------- page 649 --------------------

At the same time received the resolve of the Commons referred to in the above Message.

Endorsed in the Senate, 1 May, 1778.

Concurred with.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House in favor of Mr. Alderson Ellison.

Concurred with.

Received from the House of Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith return the resolve of your House impowering the Secretary to appoint an assistant Clerk.

Concurred with.

Thos. Benbury, S. C.

Received from the House of Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith return the resolve of your House impowering the Governor to issue Commissions to the officers of Forts Hancock and Johnston, &c., &c.

Concurred with.

Thos. Benbury, S. C.

Whereas, it appears that in the several counties of this State upwards of one thousand persons have already been recommended to His Excellency, the Governor, to be commissioned as Justices of the Peace exclusive of those nominated during the present session, and whereas it is probable that unless timely prevented the numbers of those officers may increase so as to become burdensome and prejudical to the State;

Resolved, that every person heretofore recommended and commissioned as a Justice of the Peace who hath not already qualified as such ought not to be considered in commission or suffered to

-------------------- page 650 --------------------
qualify as such, until such person shall be again recommended and commissioned agreeable to the Constitution, and resolved also that no person shall in future be recommended and commissioned agreeable to the Constitution as a Justice of the Peace for any county in this State unless the numbers of Justices then in commission for such county shall be less than the proportion of two Justices for every hundred Militia men in the said county.

Ordered that the above resolve, together 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 respecting Justices.

W. Hill, S. S.

Received from the House of Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

Upon reconsidering the resolution respecting the garrisons of Forts Hancock and Johnston, we conceive that it ought to be rescinded so far as it relates to the soldiers of such garrisons, because it evidently tends to defeat the intent of erecting the said Forts in as much as there is no encouragement held out to induce men to enlist, we would therefore propose that all such persons as shall enlist in either of the garrisons aforesaid previous to the first day of June shall be exempted from the vote for persons to be raised to complete the North Carolina Continental Battalions.

The House taking the above Message into consideration concurred therewith.

Ordered that the following Message be sent to the Commons:

Mr. Speaker and Gentlemen of the House of Commons:

We concur with you in your proposed amendment in the resolve respecting the men to be enlisted for Forts Hancock and Johnston.

Resolved, that Col. Martin Armstrong be appointed one of the contractors for the purpose of purchasing provisions in the District of Salisbury in the stead of William Shepperd, Esq., resigned.

-------------------- page 651 --------------------

Ordered that the following Measage, together with the above resolve, 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 appointing Col. Armstrong, one of the contractors for the District of Salisbury in the stead of William Shepperd, Esq., resigned.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House allowing Robert Rowan, Esq., a certain sum therein mentioned, also a resolve referred to in the above Message.

Endorsed in the Senate, 1 May, 1778.

Concurred with.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the Resolve of your House in favor of R. Rowan, Esquire.

Concurred with.

Received from the House of Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith return the Resolve of your House appointing a Contractor in the room of William Shepperd.

Concurred with.

Thos. Benbury, S. C.

The House adjourned till tomorrow morning 9 O'clock.

Met according to adjournment.

Resolved, that the accounts of the Commissary of stores be referred to and settled by the Governor and Council.

-------------------- page 652 --------------------

Ordered that 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 relative to the account of the Commissary of stores.

W. Hill, S. S.

Resolved, that Robert King, William Graham, and Martin Armstrong, former Commissioners, do account for on oath and pay into the hands of General Rutherford the full quantity of Salt which they respectively received by order of Council from the hands of Mr. Robert Rowan; and,

Resolved, also that William Alston former Commissary to pay to the Commanding Officer of the county of Wake, the quantity of Salt which we received from the said Mr. Robert Rowan.

Ordered that 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 relative to Salt delivered sundry persons.

W. Hill, S. S.

Received from the House of Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith return the resolve of your House relative to the Salt to be delivered sundry persons.

Concurred with.

At the same time received the Resolve of the House referred to in the above Message.

Endorsed in the House of Commons, 2 May, 1778.

Concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith return the Resolve of your House relative to the accounts of the Commissary of stores.

Concurred with.

-------------------- page 653 --------------------

At the same time received the resolve of this House referred to in the above Message.

Endorsed in the House of Commons, 2 May, 1778.

Concurred with.

The following Bills, to wit:

A Bill for raising men to complete the Continental Battalion belonging to this State.

A Bill for regulating Campbelton and erecting public Buildings.

A Bill to compel the late officers of the militia in this State to account for and pay to the succeeding commanding officers all monies in their hands arising from the fines of delinquents.

A Bill for ascertaining sheriffs' and constables' fees in this State.

A Bill allowing salaries to the Governor, Secretary, delegates and members of the Council of State and other purposes.

A Bill to impower the County Courts in this State to order the laying out of public roads, and establish and settle ferries and other purposes therein mentioned.

A Bill to impower the Justices of Duplin County to take into their possession the Records of said County now in possession of James Sampson.

A Bill to prevent the stopping of fish in Yadkin River.

A Bill to amend an act, entitled an act to establish a town in the County of Mecklenburg, passed in the year 1768.

A Bill for building a Court House in Elizabeth Town, in the County of Bladen.

A Bill to establish rules to be observed in celebrating of matrimony.

A Bill to enforce such parts of the Statute and Common Laws as have been heretofore in force and use here, and the Acts of Assembly, made and passed when this Territory was under the Government of the late Proprietors or the Crown of Great Britain, and for revising the several Acts therein mentioned.

A Bill more effectually to punish the persons concerned in any of the several species of counterfeiting in this State.

A Bill for securing lots in the town of Tarboro, in Edgecombe County.

-------------------- page 654 --------------------

A Bill for quieting and securing the Tuscarora Indians and others claiming under the Tuscaroras in the possession of their lands.

A Bill for fortifying Cape Lookout Bay.

A Bill for repairing Fort Johnston, near the entrance of Cape Fear River.

A Bill for building a Court House in the town of Hillsborough, for the District of Hillsborough.

A Bill to amend an act entitled an act to regulate the pilotage of Cape Fear and Ocracock Bars and the rivers leading from the same to Brunswick, Edenton, Wilmington, New Bern and Bath.

A Bill to amend an act entitled an act for establishing offices for receiving entries for 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.

A Bill to alter the times for holding the several Superior Courts of law, and for the better arranging the County Courts within this State.

A Bill to amend an act entitled an act 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.

A Bill for appointing commissioners to build a bridge across Cotentney Creek, and for other purposes therein mentioned.

A Bill for restraint of vagrants, and preventing desertion.

A Bill to prevent the exportation of beef, pork, bacon and Indian corn.

A Bill for procuring a Great Seal for this State.

These having obtained the sanction of the General Assembly by a final reading in each House, Resolved that the Speaker of this House sign the same.

The business of the session being ended;

Resolved, that Mr. Speaker and the Clerk of this House sign the Journals as the Acts of the Senate.

Whitmell Hill, S. S.