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Colonial and State Records of North Carolina
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Minutes of the North Carolina House of Commons
North Carolina. General Assembly
April 14, 1778 - May 02, 1778
Volume 12, Pages 655-764

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HOUSE JOURNAL.


14 April, 1778.

State of North Carolina,

In the House of Commons:

At a General Assembly, begun and held at New Bern, on the 14th day of April, in the year of our Lord, one thousand, seven hundred and seventy-eight, and in the second year of the independence of the said State, being the first session of this Assembly.

The Sheriffs and other returning officers of the several Counties and towns within this State having certified that the following persons were duly elected members of the Commons House of Assembly for the respective Counties and towns, as follows, viz: For

Anson County—George Davidson and Stephen Miller.

Beaufort—Alderson Ellison and William Brown.

Bladen—Samuel Cain and Thomas Amis.

Brunswick—

Bertie—William Jordan, Jr., and Simon Turner.

Bute—Benjamin Hawkins and Adkin M. Lemon.

Burke—

Craven—John Tillman and Nathan Bryan.

Caswell—John Williams and Peter Farrow.

Carteret—Solomon Shepperd and John Easton.

Camden—

Currituck—

Chowan—Thomas Benbury and Jacob Hunter.

Cumberland—

Chatham—Alexander Clark and James Williams.

Dobbs—William Fellows and Jesse Cobb.

Duplin—Richard Clinton and Thomas Hicks.

Edgecomb—Jonas Johnston and Isaacs Sessums.

Granville—John Williams and Thornton Yancey.

Guilford—James Hunter and Robert Lindsey.

Halifax.—Egbert Haywood and John Whitaker.

Hyde—

Hertford—William Baker and ———

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Johnston—

Martin—Nathan Mayo and Edmonson Edward Smithwick.

Mecklenburg—Caleb Fifer and David Wilson.

Northampton—Robert Peoples and Joseph Bryan.

New Hanover—John Devane and Timothy Bloodworth.

Nash—

Onslow—Binejah Doty and George Mitchell.

Orange—Gen'l Butler and William McCauley.

Pitt—William Roberson and John Williams.

Perquimons—

Pasquotank—

Rowan—

Surry—Matthew Brooks and Frederick Miller.

Tyrrel—Isham Webb and Joshua Servain.

Tryon—

Wake—Lodwick Alford and Hardey Saunders.

Washington—William Cock and Luke Bayer.

Wilkes—

Town of Hillsborough—William Courtney.

Halifax—Willie Jones.

Edenton—

Wilmington—

New Bern—Richard Cogdell.

Salisbury—

Pursuant to which the following members appeared and qualified by taking the several oaths appointed by Law for the qualification, of Members of the General Assembly and subscribed the same took their seats according, vizt:

Messrs. Richard Cogdell, Peter Farrow, William Robeson, George Mitchell, Isham Webb, Joshua Servain, John Williams (Gran,) Thornton Yancey, Benjamin Hawkins, Adkin McLemore, Matthew Brook, John Tillman, Richard Clinton, Thomas Hicks, Simon Turner, William Courtney, William McCauley, Thomas Benbury, Samuel Cain, Nathan Mayo, Alderson Ellison, E. Edward Smithwick, William Fellow, George Davidson, Stephen Miller, Nathan Bryan, Willie Jones, James Williams, Alexander Clark, John Williams, (Caswell) William Jordan, John Devane, Timothy Bloodworth, Caleb Fifer, David Wilson, Lodwick Alford, Hardy Sanders, John Williams (Pitt) Egbert Haywood, Robert Peoples,

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John Whitaker, Isaac Sessums, William Baker, Luke Bayer, Solomon Shepperd, James Hunter and Robert Lindsey.

Willie Jones, Esq., proposed for Speaker, John Williams, Esq., of Granville who was unanimously chosen and conducted to the Chair accordingly.

At the same time John Hunt was appointed Clerk and Mr. Joseph Blithe, Assistant.

On motion, Evan Swann and John Gooding were appointed door keepers.

On motion, resolved, that the following rules of decorum be observed during the sitting of this House of Commons:

1st. When the Speaker is in the chair every member shall sit in his place with his hat off.

2nd. That no person shall pass between the Speaker and the member then speaking.

3rd. That no member shall come into the House or remove from one place to another with his hat on.

4th. That no member shall be allowed to speak but in his place, and after rising and and addressing himself to the Speaker, shall not proceed until permitted by the Speaker's calling him by name.

5th. No person shall stand up or disturb another while he is speaking.

6th. That no member shall speak more than twice to one question in any debate, without leave, unless in a Committee of the whole House.

7th. The Speaker ought to be heard without interruption, and when he rises, the member up shall sit down.

8th. That no person shall be called on for any words of heat, but on the day in which they were spoken.

9th. Whenever the members are divided the Speaker shall determine the question, but not vote on any other occasion.

10th. That no member shall depart the service of the House without leave.

11th. No question shall be put on any motion made unless the same is seconded.

12th. When two or more members are up together the Speaker shall determine which rose first.

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13th. Whoever violates any of the above rules shall receive such censure as the House shall direct.

The House adjourned till tomorrow morning 9 o'clock.


Wednesday, 15th April, 1778.

The House met according to adjournment.

Mr. Jesse Cobb, one of the members for Dobbs County; Mr. Jacob Hunter, one of the members for Chowan County; Mr. John Easton, one of the members for Carteret County; Mr. Peter Mallett and Robert Rowan, the members for Cumberland County; Mr. Benjamin Cleaveland and Mr. Elisha Isaacs, the member for Wilkes County, appeared, were qualified and took their seats accordingly.

Ordered, that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

This House inform you that they are ready to proceed on public Business.

On motion, resolved that Mr. Jones, Mr. Tillman, Mr. Fifer, Mr. Haywood, Mr. Courtney, Mr. Smithwick, Mr. Benbury and Mr. Davidson, be a Committee of priviledges and elections.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

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

Received from the Senate the following Message:

Mr. Speaker and 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, &c., from Mr. McRee.

At the same time received the resolve of the Senate, &c., referred to in the above Message, as follows:

On motion, resolved, that Mr. Thomas Owen in behalf of Messsrs.

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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 nett proceeds of said effects.

Concurred with.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

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

Received from the Senate the following resolve, &c:

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, Esquire, Captain Genl., Governor, &c., &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.

Concurred with.

Ordered, that the following message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

We herewith return the message addressed to His Excellency, the Governor.

Concurred with.

Received from the Senate the following message:

Mr. Speaker and Gentlemen of the House of Commons:

This House have appointed Mr. Rhodes, Mr. Owen, Mr. Thompson, Gen'l Rutherford and Mr. Shepperd to act with such gentlemen

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of your House as you may appoint as a Committee of Claims, and Mr. Ashe, Mr. Coor, Mr. Exum and Mr. Davis as a Committee of Accounts.

On motion, resolved, that Mr. Benbury, Mr. Courtney, Mr. McCauley, Mr. Miller, Mr. Jacob Hunter, Mr. John Williams (Caswell), Mr. James Hunter, Mr. Clark, Mr. Bryan, Mr. Easton, Mr. Mayo and Mr. Webb be a Committee of Claims, and that Mr. Tillman, Mr. Hawkins, Mr. James Williams, Mr. Cogdell, Mr. Cobb, Mr. Cain, Mr. Brooks, Mr. Baker and Mr. Whitaker be a Committee of Accounts to act jointly with the gentlemen appointed of the Senate.

Ordered, that the following message be sent to the Senate:

Mr. Speaker and 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 part appointed Mr. Benbury, Mr. Courtney, Mr. McCauley, Mr. Miller, Mr. Hunter, Mr. John Williams (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 and Mr. Whitaker, as a Committee of Accounts, to act jointly with the gentlemen by you appointed for those purposes.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House directing Mr. John Devane to deliver to John Atkins, on certain conditions, a waggon therein mentioned.

At the same time received the resolve of the Senate referred to in the above Message, and the same being read was rejected.

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Received from His Excellency the Governor the following Message:

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 the 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 a power somewhere of summoning that Body (in case of emergency) 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 proceeded in some instances to enable you to judge of the propriety of the measures and form your own determinations 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 raise the number of men directed by the General Assembly, procured arms and cloathing for the guard, and appointed a person to furnish provisions. An account of the arms, cloathing and provisions, with the officers' returns 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 General Jones on the subject, and inclosed 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 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 cloathing has been purchased, and the greatest part forwarded to the Clothier-General of the Continental Army for the use of the troops raised in this State. Among

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the goods forwarded are sundry very useful and necessary articles, which were taken by order of two of the Justices of Craven County as the property of Messrs. Savage and Wetmore, though since claimed by one Mr. O'Conner, the measures which were taken in this case can only be justified from the necessity 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 connection with the commissioners of Virginia and Maryland to regulate and ascertain the prices of labor, manufactories, internal produce and commodities imported from foreign ports, and also to regulate the charges of inn holders, proceeded to Fredericksburg, in 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 Commissioners was sent up has not been sufficient, I apprehend to enable to 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.

Six thousand and six hundred and forty-eight pounds 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 Wilson informed me he had one hundred and forty-five men on board the said ship, that the ship was properly fitted to proceed to Ocracock Bar and waited my orders. But as I was not fully acquainted with the Contract made by the commissioners of this State with the State of Virginia in respect to the two Galleys

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said to be built at the joint expence of the said States, I could not tell how far I might be justifiable in giving Captain Wilson orders, therefore only desired 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 Behavior of of the Enemy there show the necessity of a speedy determination in the measures you shall think proper to take.

R. Caswell.

At the same time received the Resolutions of Congress, letters, &c., &c., &c., referred to in the above Message, as also the Journals and proceedings of the Council of State.

Ordered that the same lie over until tomorrow for consideration.

The House adjourned untill 3 oclock P. M.

The House met according to adjournment.

On motion, Resolved, that Mr. Joseph Blithe have leave to resign his appointment as assistant Clerk.

The House adjourned until tomorrow morning 9 o'clock.


Thursday, 16 April, 1778.

The House met according to adjournment.

Received from His Excellency the Governor the following Message:

To the Honorable the General Assembly,

Gentlemen:—

This accompanies a letter I this day received from Colonel Long, with the copy of a letter from Col. Finnie, Deputy Quarter Master General of 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 wagons here to receive the same.

On examining the Commissaries return of stores I find there is not a sufficient quantity of lead to load the wagons from hence, that there is upwards of 45,000 lbs in the several Magazines belonging

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to this State, of which 6817 lbs is at Kingston and 1023 lbs at Halifax, the last two quantities I apprehend will be as much as Col. Long will now be able to furnish wagons to carry, and whether you will think proper to direct that the United States be supplied with the same is submitted to your consideration.

R. Caswell.

At the same time received the letters referred to in the above Message, and the same being read,

Resolved, that it be recommended to His Excellency the Governor to order such supplies of lead from this State to the northward for the use of the Continental Army as he may judge necessary, out of the Continental Stores, if there be sufficient thereto belonging, but if not out of the stores belonging to this State.

Ordered that the above resolve, &c., be sent to the Senate for their concurrence together with the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House recommending to His Excellency, the Governor, to order such supplies of lead to the northward as he may judge necessary, &c.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the resolve of your House relative to this State furnishing the continental army with a quantity of lead.

Concurred with.

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

Endorsed in the Senate, 16th April, 1778.

Read and Concurred with.

Ordered that the following Message be addressed to his Excellency, the Governor.

To His Excellency, Richard Caswell, Esquire, Captain General, &c., &c.

Sir:—

Herewith you will receive a resolve of the General Assembly

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empowering your Excellency to forward such supplies of lead to the northward as you may think proper.

The order of the Day for taking into consideration the resolutions of Congress, letters, &c., &c., &c., being called for and read, the House proceeded to take the same into consideration when they came to the following Resolution thereon, that the consideration thereof be referred to a joint Commmittee of both Houses.

On motion, resolved that Mr. Benbury, Mr. Jones, Mr. Tillman, Mr. Bryan, Mr. Jas. Williams, Mr. Mitchell and Mr. Hawkins be a Committee on the part of this House to take into consideration the resolutions of Congress, &c., &c., &c.

Ordered, that the following message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

This House have had under their consideration sundry resolutions of Congress, letters, &c., &c., &c., 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 part appointed Mr. Benbury, Mr. Jones, Mr. Tillman, Mr. Bryan, Mr. Jas. Williams, Mr. Mitchell and Mr. Hawkins, a committee.

Read the petition of Clement Crook, of Tyrrell County, complaining of an undue election in said County.

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

Received from the Senate the following Bills:

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

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

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 erecting and building slopes to mill dams across Tar River, and for other purposes.

Endorsed in the Senate, 16 April, 1778.

Read the first time and passed.

Resolved, that Mr. Robert W. Snead be appointed assistant Clerk in the room of Mr. Joseph Blithe, resigned.

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Ordered, that the Bill to establish rules to be observed in celebrating of matrimony, be read; read the same the first time, passed and ordered to be sent to the Senate.

Sent by Mr. Hicks and Mr. Clark.

Ordered that 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, be read; read the same the first time, passed and ordered to be sent to the Senate.

Sent by Mr. Hicks and Mr. Clark.

Ordered that the Bill for the ease of the militia of New Hanover County be read; read the same the first time, passed and ordered to be sent to the Senate.

Sent by Mr. Hicks and Mr. Clark.

Ordered that the Bill for erecting and building slopes to mill dams across Tar River, and other purposes, be read; read the same the first time, passed and ordered to be sent to the Senate.

Sent by Mr. Hicks and Mr. Clark.

Mr. Courtney moved for leave, and printed a Bill for building a Court House in the town of Hillsborough, for the District of Hillsborough, which he read in his place and delivered in at the table, where it was again read, passed and ordered to be sent to the Senate.

Sent by Mr. Hicks and Mr. Clark.

The House adjourned till 3 o'clock P. M.

The House met according to adjournment.

Mr. William Gilbert, one of the members for Tryon County, appeared, was qualified and took his seat accordingly.

Received from the Senate the following message:

Mr. Speaker and Gentlemen of the House of Commons:

This House have received your message, accompanied with sundry resolutions of Congress, letters, &c., &c. Also 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 and Mr. Frazier to act with the gentlemen appointed by your House to take the above mentioned papers into consideration.

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Received from the Senate a Bill for building a Court House in the town of Hillsborough, for the District of Hillsborough.

Endorsed in the Senate, 16 April, 1778.

Read the first time and passed.

Ordered that the Journal and proceeding of the Council of State be read, and the same being read were ordered to be sent to the Senate.

Sent by Mr. Rowan and Mr. Courtney.

Mr. Bloodworth moved for leave and presented a Bill to impower the County Court of each County in this State to take into their possession the Records belonging to each respective County, which he read in his place and delivered in at the table, where it was again read, passed and ordered to be sent to the Senate.

Sent by Mr. Gilbert and Mr. Fifer.

Ordered that Mr. James Williams be added to the Committee of Priviledges and Elections.

Mr. Gilbert moved for leave to bring in a Bill for establishing a town on the land of Christian Mauney in Tryon County.

Ordered that he have leave accordingly.

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


Friday, 17 April, 1778.

The House met according to adjournment.

Read the petition of Samuel Spencer, Esq.

Ordered that the same be referred to a Joint Committee of both Houses, that Mr. Hawkins, Genl. Butler, Mr. Williams (Caswell) Mr. Jones be appointed on the part of this house.

Ordered that the following Message be sent to the Senate:

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 a Governor Richard Caswell, Esq.; for a Council of State, William Heywood, Joseph Leach, Edward Starkey, Thomas Eaton, William Cray William Taylor, Thomas Bonner, Frederick Jones, John

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Simpson, John Bradford, Richard Henderson and William Bryan, Esquires; for a Marshal for Port Roanoke, William John Skinner, Esq.

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

Gen. J. Butler, one of the members for Orange County, Mr. Jonas Johnston, one of the members for Edgecombe County, Mr. William Robeson, one of the members for Pitt County, appeared, were qualified and took their seats accordingly.

Read the petition of Monsieur Chariol praying to be admitted to raise a regiment of French soldiers, &c., for the use of the United States.

Ordered that the same be referred to Joint Committee of both Houses and that Gen. Butler, Mr. Jones, Mr. Mallett, Mr. Hawkins, Mr. Rowan, Mr. Benbury, Mr. Johnston, Mr. Courtney, Mr. McCauley and Mr. Davidson be a Committee on the part of this House for that purpose.

Ordered that the said petition together with the following Message be sent to the Senate.

Mr. Speaker and Gentlemen of the Senate:

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

Ordered that Gen. Butler and Mr. Johnston be added to the Committee appointed to take into consideration sundry resolutions of Congress, letters, &c., &c.

Received from His Excellency, the Governor, the following Message.

To the Honorable the General Assembly,

Gentlemen:

I have received information that there are sundry vessels loadint with provisions in one of the Ports in this State, the owners designing as it is suggested to send them immediately out on the

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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 powers 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 Ports in this State, if you shall think proper to order such proclamation to issue.

R. Caswell.

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

Ordered that the above resolve and Message from His Excellency, the Governor, together with the following Message, be sent to the Senate.

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

Ordered that Genl. Butler, Mr. Boyer and Mr. Johnston, be added to the Committee of Claims.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

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

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 a Marshal for Port Roanoke, with which we agree and put in nomination for Governor, Richard

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Caswell, Esq.; for a Council of State, William Haywood, Thomas Bonner, John Simpson, Richard Henderson, Wm. Bryan, George Moore and Robert Bignall, and for a Marshal for Port Roanoke, Wm. John Skinner, Esq.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return ths resolve of your House impowering His Excellency, the Governor, to issue a proclamation prohibiting the exportation of provisions.

Concurred with by this House.

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

Endorsed in the Senate, 17 April, 1778.

Read and Concurred with.

Ordered that the following Message be sent to His Excellency the Governor.

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

Sir:—

Herewith you will receive a resolve of the General Assembly impowering your Excellency to issue a proclamation prohibiting the exportation of provisions.

Received from the Senate the following Bills:

A Bill to impower the County Court of each County in this State to take into their possession the records belonging to each respective County.

A Bill for securing lots in the town of Tarborough.

Endorsed in the Senate, 17th April, 1778.

Read the first time and passed.

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 Senate, 16th April, 1778.

Read the first time and passed.

Mr. Cogdell moved for leave and presented a Bill for fortifying Cape Lookout Bay a Harbour, on the Sea Coast of this State, which he read in his place and delivered in at the table, where it was again read, passed and ordered to be sent to the Senate.

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Sent by Mr. Hunter and Mr. Boyer.

Mr. Brooks moved for leave and presented a Bill to prevent the stopping of fish in Yadkin river, which he read in his place and delivered in at the table where it was again read, passed and ordered to be sent to the Senate.

Sent by Mr. Hunter and Mr. Boyer.

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 first time, passed and ordered to be sent to the Senate.

Sent by Mr. McCauley and Mr. Webb.

Mr. Jonas Johnston moved for leave to take out and amend the Bill for securing lots in the town of Tarborough.

Ordered that he have leave accordingly.

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


Saturday, 18th April, 1778.

The House met according to adjournment.

Mr. Joseph Bryan, one of the members for Northampton County, appeared, was qualified and took his seat accordingly.

The Bill to impower the County Court of Counties in this State to take into their possession the records belonging to each respective County, was read the second time and rejected.

Mr. Johnston, who had leave to take out and amend the Bill for securing lots in the town of Tarborough, brought in the same amended, which was read the first time, passed and ordered to be sent to the Senate.

Sent by Mr. McCauley and Mr. Webb.

The Bill for building a Court House in the town of Hillsborough, for the District of Hillsborough, was read the second time, amended, passed and ordered to be sent to the Senate.

Sent by Mr. Hunter and Mr. Boyer.

Mr. Gilbert, according to order presented a Bill for establishing a town on the land of Christian Mauney in Tryon County, which he read in his place and delivered in at the table, where it was again read, passed and ordered to be sent to the Senate.

Sent by Mr. Hunter and Mr. Boyer.

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Read the memorial of Ambrose Ramsey, Nathaniel Rochester and William Johnston, Esquires, Commissioners for manufacturing guns, &c., 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 manufactory's answering the many good purposes intended,

Resolved, therefore, that the said Commissioners be directed to sell such materials, &c., as are now on hand belonging thereto at public vendue, and account with the next session of General Assembly for the monies arising from such sale, and also for the money heretofore advanced them on account of said manufactory.

Ordered that the above resolve be sent to the Senate for their concurrence together with 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 materials, &c., belonging thereto and account for the same at the next session of General Assembly, and also the money heretofore advanced them on account of such manufactory.

Resolved, that Mr. Benjamin Bowers, Sheriff of Pitt County, be allowed the sum of seven pounds sixteen shillings for thirty-six insolvent taxables for the year 1774, (Issued, I Wms. of Pitt).

Ordered the above resolve be sent to the Senate for their concurrence together with the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send, for your concurrence, a Resolve of this House allowing Mr. Benjamin Bowers a certain sum therein mentioned.

Read the petition of Mecklenburg County, complaining of the late act of the General Assembly for opening the land office in this State.

Mr. Gilbert moved for leave to bring in a Bill to amend the said act.

Ordered that he have leave accorningly.

Read the memorial of Ebenezer Hazzard, Esquire, Surveyor General of the post office and post roads, praying for certain Laws to be passed for removing the evils therein complained of.

-------------------- page 673 --------------------

Mr. Cogdell moved for leave to bring in a Bill agreeable to the said Memorial.

Ordered that he have leave accordingly.

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

Ordered that the above resolve be sent to the Senate for their concurrence together with the following Message:

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.

Read the petition of James Williams, Esquire, praying to be allowed rent for the use of certain Houses and lots in the town of Halifax which have for some time been occupied by the Continental troops.

Resolved, therefore that he be allowed the sum of sixty pounds for two years rent of the said Houses and lots exclusive of the damages sustained on the premises.

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

Mr. Speaker & Gentlemen of the Senate:

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

Received from the Senate the following Message.

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House directing the Commissioners of the gun manufactory in the district of Hillsborough to make sale of the materials thereto belonging, &c., with which we concur.

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

Endorsed in the Senate, 18 April, 1778.

Read and Concurred with.

-------------------- page 674 --------------------

Read the petition of Sir Surian Duvivier praying leave of the General Assembly to raise a regiment of Europeans on the Continental or Provincial establishment on certain conditions therein mentioned.

Ordered to lie on the table for consideration.

Received from the Senate the following Bill:

A Bill to regulate and ascertain the officers' fees therein mentioned.

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

A Bill for fortifying Cape Lookout Bay and Harbour on the Sea Coast of this State.

Endorsed in the Senate, 18 April, 1778.

Read the first time and passed.

A Bill to regulate and ascertain the officers' fees therein mentioned was read the first time, passed and ordered to be sent to the Senate.

Sent by Mr. McCauley and Mr. Webb.

Mr. James Williams who had leave to take out and amend the Bill to prevent the stopping of the Fish in Yadkin river, brought in the same amended, which was read the second time, passed and ordered to be sent to the Senate.

Sent by Mr. McCauley and Mr. Webb.

Received from the Senate 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, etc.

Endorsed in the Senate, 18 April, 1778, read the second time and passed.

The House adjourned until 4 o'clock P. M.

The House met according to adjournment.

Mr. William Cocke, one of the members for Washington county, appeared, was qualified and took his seat accordingly.

Ordered that Mr. James Williams be appointed to superintend the Balloting, etc., for a Governor, Council of State, and a Marshall for Port Roanoke.

Received from the Senate a Bill for Erecting a Fort at the mouth of Cape Fear river.

-------------------- page 675 --------------------

Endorsed in the Senate, 18 April, 1778, read the first time and passed.

The Bill for erecting a Fort at the mouth of Cape Fear river was read the first time, passed and ordered to be sent to the Senate.

Sent by Mr. McCauley and Mr. Webb.

On motion, Resolved, that Mr. Tillman be requested to write to the Rev'd Mr. Nathaniel Blount requesting him to attend at the Church, in New Bern, on Wednesday, the 22nd isnt., it being set apart by the Honorable, the Continental Congress for a day of Humiliation, Fasting and Prayer, and that he deliver a discourse suitable to that important occasion.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House, allowing Mr. Benjamin Bowers a certain sum therein mentioned, concurred with by the House.

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

Endorsed in the Senate 18 April, 1778, read and concurred with.

Received from the Senate the following Message:

Mr. Speaker and 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.

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

Endorsed in the Senate, 18 April, 1778. Read and concurred with.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We cannot concur with your resolve respecting an allowance to Mr. James Williams in the mode you propose, the damages being not ascertained: but propose Mr. Oroondates Davis, Mr. Willie Jones, Mr. John Giddy, Mr. Wm. Martin and Mr. Benjamin

-------------------- page 676 --------------------
McCullock, as Commissioners to inspect the premises and make report to the next General Assembly thereon.

The House taking the said Message into consideration, concurred therewith, and ordered that the following Message be sent to the Senate.

Mr. Speaker & 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 building in Halifax, and concur therewith.

Mr. James Williams who was appointed on the part of this House to see the balloting for a Governor, Council of State and Marshal of the Court of Admiralty for Port Roanoke, fairly conducted after some time spent therein returned from the Confereuce Room and reported to the House that Richard Caswell, Esq., was unanimously elected Governor, Joseph Leach, Thomas Bouner, William Cray, Edward Starkey, Robert Bignall and Richard Henderson, Esquires, members of the Council of State. That William Haywood and William Bryan, Esquires, had the next greatest number of votes, but that neither of them a majority of the two Houses, and that neither of the gentlemen put in nomination for a Marshal of the Court of Admiralty for Port Roanoke had a majority, and recommend to the House to ballot again for one Councillor and a Marshal.

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

The members of the two Houses accordingly met in the Conference Room and proceeded to ballot again for one member of the Council of State and a Marshal of the Court of Admiralty for Port Roanoke, and after some time spent therein Mr. Williams returned and reported to the House that William Haywood, Esquire, was elected a member of the Council of State by a majority of votes of both Houses. That neither of the gentlemen put in nomination for Marshal had a majority of votes, and therefore recommended to the House to postpone balloting for a Marshal until the time of balloting for Continental Delegates.

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

-------------------- page 677 --------------------

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 accounts to the amount of more money than that 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 such accounts.

Ordered, that the above resolve be sent to the Senate for their concurrence, together with 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.

Ordered that Mr. Alderson Ellison have leave to absent himself from the service of this House until Thursday next.

The House adjourned till Monday morning 9 o'clock.


Monday, 20th April, 1778.

The House met according to adjournment:

Ordered that the following message be sent to His Excellency, the Governor, together with the resolve of the General Assembly, appointing a Governor and Council of State:

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

Sir:—

The General Assembly having proceeded on Saturday last to the election of a Governor of this State for the present year by ballot agreeable to the Constitution, you, sir, were 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.

Mr. Jones, from the Joint Committee appointed to consider the dispatches, letters, &c., laid before the Assembly by His Excellency, the Governor, reported as follows:

-------------------- page 678 --------------------

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

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

2. Whereas, the terms agreed upon between the Commissioners of this State and the General 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 as the Frigates which were stipulated by the said Commissioners to act on the part of this State in concert with the 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, three dollars and one-fourth; Lieutenant, two dollars and one-fourth; Master, two dollars; Doctor, two dollars and three-fourths; Captain of Marines, two dollars and one-fourth. Lieut. of Marines, two dollars; Master's Mate, one dollar and a half; midshipman, one dollar and a half; boatswain, one dollar and a half; common sailors, thirty-five dollars a 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.

3. 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 General Washington for filling up the Continental Battallions belonging to this State,

-------------------- page 679 --------------------

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 places of Rendezvous, and that the several counties in 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 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 shall make up their respective Deficiencies out of the Militia in the following manner: 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 be best spared, who shall go to make up its Deficiencies, 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 and hunting shirt, waistcoat with sleeves, pair breeches and trowsers, a hat and a blanket according to the several proportions, or Quotas of the Companies, for each and every man who shall Voluntarily enlist or be voted in as aforesaid, and the articles aforementioned, shall be valued on oath by three indifferent Freeholders who shall grant Certificates to the persons furnishing the same, and such Certificates 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.

Whereas, it appears by Letters and Resolutions of the Continental 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 Cloaths and Linen, Blankets and Leather, allowing the prices current at this day, and granting Certificates to be redeemed at next Assembly, and if any person having any of the above articles for sale, or having more

-------------------- page 680 --------------------
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 the property remains in such foreigners.

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

Willie Jones, Chairman.

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, viz:

That instead of allowing the Exemptions mentioned, in the act passed at the last Session of the General Assembly for drafting 5,000 men to go to the northward such persons only as have fairly obtained certificates and having enlisted as regular soldiers to serve in the Continental Army agreeable to an act passed April and May Session 1777, shall be exempted.

Ordered that the above report be sent to the Senate for their concurrence, together with 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.

Received from the Senate the following Bills:

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

A Bill for securing lots in the town of Tarborough.

Endorsed in the Senate, 2nd April, 1778.

Read the second time and passed.

A Bill to prevent the stopping the fish in Yadkin river.

Endorsed in the Senate, 2nd April, 1778.

Read the second time, amended and passed.

The Bill to compel the late officers of the militia in this State to account for and pay to the succeeding Commanding Officers all moneys &c., was read the second time, passed and ordered to be sent to the Senate.

-------------------- page 681 --------------------

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 Senate.

The Bill for fortifying Cape Lookout Bay and Harbour on the Sea Coast of this State was read the second time, passed and ordered to be sent to the Senate.

Sent by Mr. Baker and Mr. Wilson.

Mr. James Williams moved for leave and presented 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 and the Crown of Great Britain, and for reviving the several acts therein mentioned, which he read in his place and delivered in at the table, where it was again read, passed and ordered to be sent to the Senate.

Sent by Mr. Baker and Mr. Wilson.

Received from the Senate the following message:

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 His Excellency you have omitted mentioning the names of the Councillors,

We, therefore, have sent for your concurrence a message to His Excellency, the Governor, on that head, which we offer instead of that proposed by your House.

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

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

Sir:—

The two Houses of the General Assembly proceeded on Saturday last to the appointment of a Governor and Council of State

-------------------- page 682 --------------------
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.

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

We have received the Message which you recommend 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.

Mr. Elisha Isaacs moved for leave and presented 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, which he read in his place and delivered in at the table where it was again read, passed and ordered to be sent to the Senate.

Sent by Mr. Baker and Mr. Wilcox.

Mr. Benbury informed the House that Mr. William Cock, one of the members for Washington County was Clerk of the Inferior Court of said County as appeared by record of said Court, and therefore not entitled to a seat in this House.

Ordered that the same be referred to the Committee of Priviledges and Elections.

Ordered that Genl. Butler, Mr. Johnston, Mr. Courtney, Mr. Tillman, Mr. Benbury and Mr. Fifer, be a committee to re-examine the accounts of Mr. William Gilbert, passed the last session of General Assembly, and make report thereon.

On motion, resolved, that Mr. Timothy Bloodworth have leave to resign the office of a Justice of the Peace for New Hanover County.

-------------------- page 683 --------------------

Ordered. that the above resolve be sent to the Senate for their concurrence, together with 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.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

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

Concurred with.

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

Endorsed in the Senate, 20 April, 1778.

Read and concurred with.

Mr. William Brown, one of the members for Beaufort County and Mr. Benajah Doty, one of the members for Onslow County, appeared, were qualified and took their seats accordingly.

The House adjourned until 3 o'clock P. M.

The House met according to adjournment.

The Bill for building a Court House in the town of Hillsborough, for the District of Hillsborough, was read the third time, passed and ordered to be sent to the Senate.

Sent by Mr. Lindsay and Mr. Fellows.

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

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

-------------------- page 684 --------------------
not only to stand forth in the cause of his 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 that of 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, 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.

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

R. Caswell.

Ordered that the above message be sent to the Senate.

Sent by Mr. Johnston and Mr. Clark.

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

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.

R. Caswell.

At the same time, received the petition and deposition therein referred to, and the same being read;

Resolved, that the Governor and Council be authorized and impowered to take the said petition and deposition under their consideration, and take every legal step in their power to give redress to the petitioners and bring the offenders to condign punishment.

Ordered that the above resolve and message from His Excellency, the Governor, be sent to the Senate, together with the following message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send you a Message from His Excellency the Governor

-------------------- page 685 --------------------
and sundry depositions therein referred to, also a resolve of this House for your concurrence relative to the matters and things therein complained of.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

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

Concurred with.

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

Endorsed in the Senate, 20 April, 1778.

Read and concurred with.

Mr. Clinton moved for leave and presented a Bill to empower the Justices of Duplin County to take into their possession the records of said County now in possession of James Sampson, which he read in his place and delivered in at the table where it was again read, passed and ordered to be sent to the Senate.

Sent by Mr. Lindsay and Mr. Fellows.

The Bill for securing lots in the town of Tarborough was read the second time, passed and ordered to be sent to the Senate.

Sent by Mr. Lindsay and Mr. Fellows.

Mr. James Williams moved for leave and presented a Bill more effectually to punish the person concerned in the several species of counterfeiting in this State which he read in his place and delivered in at the table where it was again read, passed and ordered to be sent to the Senate.

Sent by Mr. Lindsay and Mr. Fellows.

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 reasons certified to the Governor by the Commander in Chief of 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.

-------------------- page 686 --------------------

Ordered that the above resolve be sent to the Senate for their concurrence together with 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.

The House adjourned till tomorrow morning 9 o'clock.


Tuesday, 21st April, 1778.

The House met according to adjournment.

The Bill to prevent the stopping the fish in Yadkin river was read the third time, amended, passed and ordered to be sent to the Senate.

Sent by Mr. Lindsay and Mr. Fellows.

Mr. William Robeson has leave to absent himself from the service of this House during the remaining part of the Session.

Mr. William Fereby, one of the members for Currituck County, and Abram Jones, one of the members for Hyde County, appeared, were qualified and took their seats accordingly.

Mr. Cogdell moved for leave to bring in a Bill for the regulation of the town of New Bern and other purposes therein mentioned.

Ordered that he have leave accordingly.

Resolved, that this House 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.

Mr. Johnston moved for leave and presented a Bill for appointing Commissioners to build a bridge across Contentney creek and for other purposes therein mentioned, which he read in his place and delivered in at the table, where it was again read, passed and ordered to be sent to the Senate.

Sent by Genl. Butler and Mr. Hawkins.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

This House have had before them snndry accounts of Capt.

-------------------- page 687 --------------------
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.

Received from the Senate the following Message:

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.

At the same time received the resolve of the Senate referred to in the above Message and petition therein mentioned, the resolve as follows:

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.

Concurred with.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

This House have received the Message and Resolve of your House referring the Petition of John Wilcox, etc., to a joint committee of both Houses, with which we concur, and have for that purpose appointed General Butler, Mr. Benbury, Mr. Jones, Mr. Courtney, Mr. Hawkins, Mr. Johnston, Mr. Davidson, Mr. Devane, and Mr. Bryan, a committee on our part.

On Reading the Petition of Willis Wilson, Esq., Commander of the Ship of War, Caswell, setting forth that he borrow a horse of Mr. William 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 the said Willlis Wilson, Esq., be allowed the sum of thirty pounds for said horse, that the Treasurers

-------------------- page 688 --------------------
or either of them pay him the same and be allowed in their accounts with the public,

Ordered, that the above resolve be sent to the Senate for their concurrence, together with the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House in favor of Willis Wilson, Esq., commander of the ship of War Caswell.

Read the petition of a number of the inhabitants of Cumbern d County, praying to have the town of Campbelton regulated and a Court House, &c., built in said County.

Mr. Rowan moved for leave to bring in a Bill agreeable to the prayer of said petition.

Ordered that he have leave accordingly.

Mr. Rowan, according to order, presented a Bill for regulating Campbelton and erecting public buildings, which he read in his place and delivered in at the table, where it was again read, passed and ordered to be sent to the Senate.

Sent by Mr. Rowan and Mr. Mallett.

Resolved, that Mr. John Council Bryan, be appointed Commissary to provide provisions for the officers and men in the Continental Service, which now are or hereafter may be in New Bern: That he furnish rations agreeable to the Continental regulations, and be allowed the sums which he shall pay for rations actually served out, and a reasonable sum also for his trouble.

Ordered that the above resolve be sent to the Senate for their concurrence together with 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.

Resolved that the Brigadier General of the District of Wilmington shall have full power to appoint a person to act as a 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.

-------------------- page 689 --------------------

Ordered that the above resolve be sent to the Senate for their concurrence together with the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House empowering the Brigadier General of the District of Wilmington to appoint Commissary, &c.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House in favour of Capt. Robert Porter.

At the same time received the resolve of the Senate referred to in the above Message:

And the same being read was rejected.

Received from the Senate the following Message:

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 footmen's pay.

Concurred with.

Received from the Senate 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 Senate, 1778.

Read the first time and passed.

Ordered that the said Bill be read, the same was read the first time, passed and was ordered to be sent to the Senate.

Sent by Mr. Yancey and Mr. Courtney.

Mr. James Williams moved for leave and presented 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 ferrries 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 in 1764

-------------------- page 690 --------------------
which he read in his place and delivered in at the table where it was again read, passed and ordered to be sent to the Senate.

Sent by Mr. Yancey and Mr. Courtney.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

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

Concurred with by this House.

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

Endorsed in the Senate, 21 April, 1778.

Concurred with.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House appointing John Council Bryan, Commissary, &c.,

Concurred with by this House.

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

Endorsed in the Senate, 21 April, 1778.

Read and concurred with.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We heartily acquiese in your proposal for not receiving any new Bill after Thursday next.

Received from the Senate the following Message:

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.

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

Endorsed in the Senate, 21st April, 1778.

Read and Concurred with.

-------------------- page 691 --------------------

Received from the Senate the following Message:

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 St. 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 mentioned, and to make report of the measures necessary to be adopted relative thereto.

Concurred with.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

This House have received your Message proposing that the petition of Peter Theodore Cailland, &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.

Received from the Senate the report of the Joint Committee appointed to consider the dispatches, letters, &c., &c., laid before the Assembly by His Excellency, the Governor.

Endorsed in the Senate, 20 April, 1778.

Read and concurred with, as altered by the House of Commons.

The House adjourned till 3 o'clock P. M.

The House met according to adjournment.

Mr. Jones, from the Joint Committee, appointed to consider the proposal of Monsieur Chariol, for raising a Regiment for the service of this State or the United States.

Reported as follows:

The committee having considered the proposal of Monsieur Chariol,

-------------------- page 692 --------------------

Resolved, that the said Monsieur Chariol, be appointed to the command of a Regiment (to be composed of natives of the French West Indies, now resident in or hereafter coming to this State) to consist of eight companies, of fifty privates each.

The said Regiment to be officered as follows, viz:

One Colonel, one Lieutenant Colonel, one Major, eight Captains, eight Lieutenants, sixteen second Lieutenants, one doctor, eight serjeants, sixteen corporals, one drum major, and the said Monsieur Chariol to have the appointment of the officers aforementioned, and the officers and men to have the same pay and rations as are allowed in the Continental Army, and that the commissioned officers shall draw pay from the date of their commissions, the non-commissioned officers and privates from the time that they appear at New Bern, which shall be the place of rendezvous. That a bounty of thirty dollars be allowed for every non-commissioned officer and common soldier, together with the same clothing that is allowed to Continental Troops, and that the recruiting officers be allowed twenty shillings for every man they shall enlist, and four shillings per day in lieu of rations for maintaining each soldier until he shall arrive at the place of rendezvous.

That His Excellency, the Governor, be impowered to draw warrants on the Treasury in favor of Monsieur Chariol occasionally, as the money may be wanted for recruiting for the sums which may be necessary, not exceeding in the whole ten thousand pounds, and this money to be distributed by said Chariol among his officers for the purpose of recruiting, at the discretion of Monsieur Chariol, who shall account for the same with the General Assembly; and the officers and men belonging to the regiment to be raised as aforesaid, shall be subject to the authority of the Governor and Council of the State, and in military matters shall be under the same regulations as are provided for Continental troops, but in other cases shall be subject to the civil authority.

The House taking the said report into consideration concurred therewith.

Ordered that the above report be sent to the Senate for their concurrence, together with the following message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence the report of the Joint

-------------------- page 693 --------------------
Committee appointed to consider the proposals of Monsieur Chariol for raising a regiment for the use of this State, or the United States.

Concurred with by this House.

Received from the Senate the following Bills:

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, &c., &c.

A Bill for securing lots in the town of Tarborough.

Endorsed in the Senate, 21st April, 1778.

Read the third time and passed.

A Bill for regulating Campbelton and erecting public buildings.

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

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, and to establish and settle ferries and to appoint where bridges shall be sufficient for the use and ease of the inhabitants of this State, and to clear navigable rivers and creeks, &c.

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 and the Crown of Great Britain, and for reviving the several Acts therein mentioned.

Endorsed in the Senate.

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 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.

Endorsed in the Senate, 21st April, 1778.

Read the first time and passed.

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

A Bill for fortifying Cape Lookout Bay and harbor on the seacoast of this State.

-------------------- page 694 --------------------

Endorsed in the Senate, 21st April, 1778.

Read the second time and passed.

The Bill for establishing a Town on the land of Christain Mauney, in Tryon connty, was read the third time, passed and ordered to be sent to the Senate.

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 Senate.

The Bill to impower the Justices of Duplin county to take into their posseasion the records of said county now in possession of James Sampson, was read the second tine, passed and ordered to be sent to the Senate.

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 seperate and distinct county by the name of Wilkes, was read the second time, amended, passed and ordered to be sent to the Senate.

Sent by Mr. Cock and Mr. Davidson.

The Bill for securing lots in the town of Tarborough, was read the third time, passed and ordered to be engrossed.

Received from the Senate the following Message:

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, and concurred with by this House.

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

Endorsed in the Senate, 21st April, 1778. Read and concurred with.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith send you the Report of Benjamin Seawell and Daniel Sledge, Esquires, Commissioners 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

-------------------- page 695 --------------------
Mr. Ramsey, Mr. Luke Sumner, and Mr. Thompson[ for that purpose.

At the same time received the report of the Commissioners referred to in the above Message.

Ordered that the following Message be sent to the Senate in answer to the above:

Mr. Speaker and Gentlemen of the Senate:

This House have 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. Bryan, Mr. Hunter, Mr. Clinton, Mr. Davidson, and Mr. Hawkins, as a committee.

Mr. Robert Lindsay has leave to absent himself from the service of this House for the remaining part of the Session.

The House adjourned till tommorrow 5 o'clock, P. M.


Wednesday, 22 April, 1778.

The House met according to adjournment:

Mr. William Fellows has leave to absent himself from the service of this House.

Resolved that this House will on Friday next proceed to take under consideration the articles of Confederation of the United States.

Whereas, it is certified from under the hand of William Moore, Clerk of Caswell County, that the Justices for their 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, Esq., who at that time enjoyed the office of tax gatherer, was chosen as 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 for said

-------------------- page 696 --------------------
County some fit person to execute the office of surveyor agreeable to Acts of Assembly passed at New Bern in Dec., 1777.

Resolved, also as the opinion of the House that one and the same person cannot by the Constitution hold the office of surveyor and tax gatherer.

Ordered that the above resolve be sent to the Senate for their concurrence, together with 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.

Mr. Jones moved for leave and presented a Bill for quieting and securing the Tuscorora Indians and others claiming under the Tuscaroras in the possession of their lands, which he read in his place and delivered in at the table, where it was again read, passed and ordered to be sent to the Senate.

Sent by Mr. Cock and Mr. Davidson.

Mr. Bloodworth moved for leave and presented a Bill for building a Court House in Elizabeth Town in the County of Bladen, which he read in his place and delivered in at the table, where it was again read, passed and ordered to be sent to the Senate.

Sent by Mr. Cock and Mr. Davidson.

Ordered that the Committee of priviledges and elections make report tomorrow.

The House resumed the consideration of the petition of Sir Surean Duvivier, when the same was rejected.

The Bill for appointing Commissioners to build a bridge across Contentney creek and for other purposes therein mentioned, was read the second time, passed and ordered to be sent to the Senate.

Sent by Mr. Cock and Mr. Davidson.

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 or the Crown of Great Britian, and for revising the several acts therein mentioned, was read the second time, amended, passed and ordered to be sent to the Senate.

Sent by Mr. Cock and Mr. Davidson.

The House Adjourned till tomorrow morning 9 o'clock.

-------------------- page 697 --------------------


Thursday, 23rd April, 1778.

The House met according to adjournment.

Mr. Arthur Cotton, one of the members for Hertford County, appeared, was qualified and took his seat accordingly.

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 and eighty-five and a half dollars, that the Treasurers or either of them pay him the same and be allowed in their accounts with the public.

Ordered that the above Resolve be sent to the Senate for their concurrence together with the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House allowing Mr. William Blount a certain sum therein mentioned.

Mr. Jones, from the committee appointed to consider the petition of Mr. John Wilcox, reported as follows:

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, we are 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. Mills, inclusive. They were also of opinion that the Iron Works ought to be restored to said Wilcox, together with the damages which have accrued by the interference of the public;

Resolved, therefore, that the resolution of the General Assembly in December, 1776, directing the payment of five thousand,

-------------------- page 698 --------------------
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 and Alston and Wilcox, be henceforth 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.

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

Ordered, that the said report be sent to the Senate for their concurrence, together with 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.

Concurred with by this House.

Agreeable to the order of yesterday, Mr. Brooks moved that the report of the Committee of Privileges and Elections be read; this being objected to, the question was put and carried in the negative, 34 to 15; then, on motion, ordered that the yeas and nays be taken down of the said question, which are as follows:

Yeas.
Mr. Farrow,
Mr. Mitchell,
Mr. Yancey,
Mr. Hawkins,
Mr. McLemore,
Mr. Brooks,
Mr. Clinton,
Mr. Hicks,
Mr. Mayo,
Nays.
Mr. Cogdell,
Mr. Tillman,
Mr. Turner,
Mr. Courtney,
Mr. McCauley,
Mr. Cain,
Mr. Benbury,
Mr. Miller,
Mr. Smithwick,
-------------------- page 699 --------------------
Yeas.
Mr. John Williams (Caswell),
Mr. Fifer,
Mr. Peoples,
Mr. Whitaker,
Mr. Isaacs,
Mr. Doty.
Nays.
Mr. Davidson,
Mr. Jordan,
Mr. Jones,
Mr. Jas. Williams,
Mr. Clark,
Mr. Devane,
Mr. Wilson,
Mr. Saunders,
Mr. John Williams (Pitt),
Mr. Sessums,
Mr. Baker,
Mr. Boyer,
Mr. Shepperd,
Mr. Jas. Hunter,
Mr. Cobb,
Mr. Jacob Hunter,
Mr. Rowan,
Mr. Mallett,
Mr. Cleaveland,
Mr. Jas. Bryan,
Mr. Brown,
Mr. Gilbert,
Mr. Fereby,
Mr. A. Jones,
Mr. Cotton.

Mr. Brooks moved for leave to enter his reasons of dissent against the determination of the House respecting the report of the Committee of Priviledges and Elections, which are as follows, viz:

1. Because his constituents have petitioned this present General Assembly for redress of grievances in the last act of Assembly entitled an act for establishing officers for receiving entries of claims of lands in the several counties within this State, for ascertaining the method of obtaining titles to the same and for other purposes therein mentioned, which above mentioned petition particularly concerns the entry takers and much against their interest, and that he thinks the House ought to have been Judges of the election

-------------------- page 700 --------------------
qualification of their own members before any Bills were prepared and passed into laws, and that the entry takers are precluded by the Constitution; and as at the first sitting of this Assembly, there was a committee appointed for that express purpose: who yesterday had express orders from this House to make report this day, and last night he believes the report was prepared by which their seats were vacated, for which reasons he saith the report ought not to be delayed when matters of the greatest importance were likely to be agitated before the said entry takers seats were vacated for which reasons he thinks the report was withheld.

The Bill for regulating Campbelton and erecting public buildings, was read the second time, amended, passed and ordered to be sent to the Senate.

Sent by Mr. Johnston and Mr. Hunter.

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

To the Honorable, the General Assembly,

Gentlemen:—

Herewith you will receive the proposals of Capt. Cottineau, respecting building a fort at Cape Lookout, a plan of the harbour and also a plan of the fort proposed to be built, which I take the liberty of recommending to your consideration.

R. Caswell.

At the same time received the proposals, etc., etc., referred to in the above Message, and the same being read were ordered to be sent to the Senate, with the Bill for Fortifying Cape Look Out Bay.

Mr. Cogdell, according to order, presented a Bill to amend and continue Sundry Laws for the regulation of the town of New Bern and for other purposes therein mentioned, which he read at his place and delivered in at the Table, where it was again read, passed and ordered to be sent to the Senate.

Sent by Mr. Cogdell and Mr. Benbury.

Mr. Cogdell, according to order, presented a Bill to oblige Masters of Vessels coming into this State to deliver up to the Port master or his Deputy in the Port, when such vessels shall respectively arrive, all foreign Letters coming in such vesels. And for

-------------------- page 701 --------------------
promoting the Revenue of the Post-office, which he read in his place and delivered in at the Table, where it was again read, passed and ordered to be sent to the Senate.

Sent by Mr. Cegdell and Mr. Benbury.

Mr. James Williams moved for leave and presented a Bill to establish a Court of Chancery and equity in this State, and to regulate the mode of proceeding therein, which he read in his place and delivered in at the Table, where it was again read, passed and ordered to be sent to the Senate.

Sent by Mr. Williams and Mr. Gilbert.

Mr. Wilson moved for leave and presented a Bill to prevent the stopping of Rocky river, and other purposes therein mentioned, which he read in his place and delivered in at the Table, where it was again read, passed and ordered to be sent to the Senate.

Sent by Mr. Williams and Mr. Wilson.

Mr. Jones moved for leave and presented a Bill for raising men to complete the Continental Battalions belonging to this State, which he read in his place and delivered in at the Table, where it was again read, passed and ordered to be sent to the Senate.

Sent by Mr. Jones and Mr. Johnston.

Received from the Senate the following Bills:

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 separate and Distinct county by the name of Wilkes.

A Bill to impower the Justices of Duplin county to take into their possession the Records of said county now in possesion of James Sampon.

Endorsed in the Senate, 23 Aptil, 1778. Read the second time and passed.

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 the possession of their lands. Endorsed in the Senate, 23 April, 1778. Read the first time and passed.

-------------------- page 702 --------------------

The Bill for Fortifying Cape Lookout Bay, was read the third time, amended, passed and ordered to be sent to the Senate.

Sent by Mr. Benbury and Mr. Tillman.

The Bill to amend an Act entitled an Act to impower the County Courts in this State to order the laying out of Public roads and to establish and settle Ferries, and to appoint where bridges shall be built, for the use and ease of the inhabitants of this State, and to clear Navigable Rivers and Creeks. Passed January, 1754. Was read the second time and rejected.

Received from the Senate the following Message:

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.

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

Endorsed in the Senate, 22nd April, 1778.

Read and concurred with.

Received from the Senate the following Message:

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.

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

Endorsed in the Senate, 23rd April, 1778.

Read and Concurred with.

The House Adjourned till 5 o'clock, p. m.

The House met according to adjournment.

Gen. Butler moved for leave, and presented a Bill for ascertaining Sheriffs' and Constables' fees in this State, which he read in his place and delivered in at the table, where it was again read, passed and ordered to be sent to the Senate.

Sent by Gen. Butler and Mr. Cogdell.

-------------------- page 703 --------------------

Mr. James Williams moved for leave and presented a Bill to prevent the monopoly of salt in this State and other purposes.

Received from the Senate the following Bills:

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

A 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.

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

A 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.

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.

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

Endorsed in the Senate, 23rd April, 1778.

Read the first time and passed.

A Bill for establishing a town in Surry County at the Court House and other purposes therein mentioned.

A Bill to impower the regular ministers as well as magistrates to solemnize the rights of matrimony.

A Bill to settle rank of the several Captains of the militia in the respective regiments in this State.

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

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.

-------------------- page 704 --------------------

A Bill to build a Court House in Elizabeth Town in the County of Bladen.

Endorsed in the Senate, 23rd April, 1778.

Read the first time and passed.

A Bill for regulating Campbelton and erecting public buildings.

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 and the Crown of Great Britain and for revising the several acts therein mentioned.

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 same, and for other purposes therein mentioned.

Endorsed in the Senate, 23 April, 1778.

Read the second time and passed.

Mr. Hawkins moved for leave and presented 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.

Mr. Bloodworth moved for leave and presented a Bill to impower the County Court in this State to order the laying out of the public roads, and establish and settle ferries and other purposes therein mentioned.

Mr. Wilson moved for leave and presented a Bill to amend an act entitled an act to establish a town in the County of Mecklenburg, which he read in his place and delivered in at the table, where it was again read, passed and ordered to be sent to the Senate.

Sent by Mr. Yancey and Mr. Gilbert.

Mr. Hawkins moved for leave and presented a Bill for establishing a school in Granville County, and other purposes.

The Bill for repairing Fort Johnston near the entrance of Cape Fear River, was read the first time, passed and ordered to be sent to the Senate.

Sent by Mr. Yancey and Mr. Gilbert.

The 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,

-------------------- page 705 --------------------
was read the first time, passed and ordered to be sent to the Senate.

Sent by Mr. Yancey and Mr. Gilbert.

The Bill allowing salaries to the Governor, Secretary, Delegates, Treasurers and Members of the Council of State, and other purposes, was read the first time, passed and ordered to be sent to the Senate.

Sent by Mr. Yancey and Mr. Gilbert.

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 first time, passed and ordered to be sent to the Senate.

Sent by Mr. Yancey and Mr. Gilbert.

Resolved, that Jesse Walton, Benjamin Gest, Joseph Wilson and Zachariah Isbell, Esqrs., be added to the commissioners already appointed to fix on a place for and letting 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.

Ordered, that the above resolve be sent to the Senate for their concurrence, together with the following message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House, appointing commissioners for purposes therein mentioned.

Mr. James Williams, from 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, reported as follows:

That Mr. James Ransom, superintendent of the said factory, has received from the public 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 public, the articles in his account rendered herewith, and also the sum of two hundred and seventy-nine pounds, ten shillings and ten pence, which is the just balance due the public as appears to your committee.

And it is further the opinion of your committee that commissioners

-------------------- page 706 --------------------
should be appointed to receive and sell for the best price 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, C. C.

The House taking the said report into consideration, resolved that they do concur therewith, and that Mr Adkin, Mr. Swain and 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.

Ordered that the above report and the resolve of this House thereon be sent to the Senate for their concurrence, together with 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 the resolve of this House thereon.

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


Friday, 24th April, 1778.

The House met according to adjournment.

Mr. Lodowick Alford has leave of absence for the remaining part of the session.

Mr. Speaker laid before the House sundry letters from the Honorable President of Congress and our Delegates, which were read and ordered to be sent to the Senate.

Mr. Benbury, from the committee appointed to re-examine the accounts of William Gilbert, passed at the last session of Assembly, reported 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 Gilbert, which sum was deducted by the last Assembly, though allowed by

-------------------- page 707 --------------------
the Committee of Claims, which your committee are of opinion was really just, all which is humbly submitted.

Thos. Benbury,
Chairman.

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.

Ordered that the foregoing report and resolve of this House thereon be sent to the Senate for their concurrence together with the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence the report of the Committee appointed to re-examine the accounts of William Gilbert passed at the last Session of Assembly, also the resolve of this House thereon.

Received from his Excellency, the Governor, the following Message:

To the Honorable the General Assembly.

I herewith lay before you a letter from Col. William Williams, of Martin County, signifying his resignation of his commission of Colonel of the Militia in that County, recommending a gentleman to succeed him and others to rise in succession, which I beg leave to recommend to your consideration. I take the liberty of mentioning some circumstances relative to the Wake regiment lest a matter of some moment to the public should be omitted. In April Session, 1777, Col. John Hinton, an old and experienced officer who had served in that character in the expedition against the regulators in 1771, and also in that against the Highlanders and others at Moore's creek in 1776, in both which as I was an eye witness I can venture to assert he behaved with becoming bravery and resolution, was removed from his Command and Mr. John Hinton, Jr., appointed to succeed him, to whom I sent a Commission and shortly after had the same returned and also the Commission

-------------------- page 708 --------------------
sent the Lieut. Colonel, Mr. Thomas Hines, who both refused to act, suggesting that the elder Col. Hinton in their opinion had been ill treated. These letters I laid before the Council who advised my appointing Col. Hinton (the Elder) again to the command of that regiment. I did so, but his commission expired with the end of the last Session of Assembly. The Wake regiment of course was without a Colonel until the matter was again laid before the Council and that board a second time advised the appointment of Col. Hinton, and a Commission accordingly issued to him, which commission will have no force after the rising of the General Assembly. I mention these circumstances to the end that your Honorable Body may if you think proper to appoint a Colonel to the Wake regiment, Col. Hinton (the Elder) is so well known and his services to the public so recent in the memory of many of your Honorable members that I flatter myself he will obtain your approbation and appointment.

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

That Whitmell Hill, Esquire, be appointed Col. of the Martin Regiment of Militia, in the room of William Williams, Esquire, resigned; Thomas Wiggins, Esq., Lieut. Col.; Kenneth McKenzie, Esq., first major, and John Hardison, Esq., second of the said county. That His Excellency, the Governor, be requested to make out commissions agreeable to this Resolve.

Ordered that the above be sent to the Senate, for their concurrence, together with 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. We also send you a Message from his Excellency, the Governor, which induced this House to enter into such Resolve.

The order of the day for taking into consideration the Articles of Confederation of the United States being called for and read,

Resolved, that the House resolve itself into a committee of the whole, to take the same into consideration.

The House resolved itself into a committee of the whole accordingly, and chose Thomas Benbury, Esquire, Chairman, and after some time spent therein Mr. Speaker resumed the chair and Mr.

-------------------- page 709 --------------------
Chairman reported that the committee having considered the Confederation, were of opinion that the same ought to be ratified, and therefore,

Resolved, unanimously that the Delegates of this State, in Congress, be impowered on behalf thereof to ratify and confirm the said Confederation of the United States.

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

Ordered that the above resolve be sent to the Senate, together with 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 ratify and confirm on behalf of the said State the articles of Confederation of the United States.

Received from the Senate the following message:

Mr. Speaker and Gentlemen of the House of Commons:

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

Concurred with.

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

Endorsed in the Senate, 24 April, 1778.

Read and concurred with.

Received from the Senate the following message:

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 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.

Concurred with.

-------------------- page 710 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

We concur with you in directing Mr. Ransom to deliver the 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.

Received from the Senate a Bill to amend and continue sundry laws for the regulation of the town of New Bern, and for other purposes therein mentioned.

Endorsed in the Senate, 23rd April, 1778.

Read the first time and passed.

Bill for directing and appointing the place where the Clerks of the Court for Currituck County and the naval officers for Port Currituck shall keep their offices, was read the first time, passed and ordered to be sent to the Senate.

Sent by Mr. Williams and Mr. Hunter.

The Bill for regulating Campbelton and erecting public buildings was read the third time, amended, passed and ordered to be sent to the Senate.

Sent by Mr. Williams and Mr. Hunter.

The Bill for quieting and securing the Tuscarora Indians and others claiming under the Tuscaroras in the possession of their lands, was read the second time, amended, passed and ordered to be sent to the Senate.

Sent by Mr. Boyer and Mr. Swain.

Received from the Senate the following Message:

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 re-examine the accounts of William Gilbert, which we herewith return.

Concurred with.

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

Endorsed in the Senate, 24th April, 1778.

Read and concurred with.

-------------------- page 711 --------------------

Received from the Senate the following Message:

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 ratify and confirm on behalf of the said State the confederation of the United States.

Concurred with by this House unanimously.

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

Endorsed in the Senate, 24th April, 1778.

The House adjourned till 5 o'clock, P. M.

The House met according to adjournment.

On motion, resolved, that His Excellency, the Governor, with the advice of the Council of State, be impowered to grant warrants on the Treasury of this State in favor of John Council Bryan for such sums of money as they may judge necessary to enable him to provide provisions for such Continental and other troops as may occasionally be stationed in New Bern.

Ordered that the above resolve be sent to the Senate for their concurrence, together with the following message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House in favor of John Council Bryan.

Ordered that the following message be sent to the Senate:

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, Treasurers, a Marshal 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 Willims, Samuel Johnston, Thomas Polk and Thomas Benbury, Esquires; for Treasurers, William Skinner, Esq., for

-------------------- page 712 --------------------
the Northern District, and John Ashe, Esq., for the Southern District; for a Marshal, William John Skinner, Esq.; a place for holding the next session of Assembly at the towns of Hillsborough, Halifax and New Bern.

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

The Bill for raising men to complete the Continental Battalions belonging to this State and read the second time, amended, passed and ordered to be sent to the Senate.

Sent by Mr. ———

Received from the Senate the following Bill:

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

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

Endorsed in the Senate, 24th April, 1778.

Read the second time and passed.

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

To the Honorable, the General Assembly,

Gentlemen:

I send you a letter which I this day received from Lieutenant Colonel Samuel Wilson, of Halifax County, with the proceedings of a Court Martial respecting the conduct of Col. Willis Alston, for your consideration.

Rich'd Caswell.

At the same time received the letters and proceedings of the Court Martial referred to in the above message, and the same being read,

Resolved, that Willis Alston, Esq., be supercededed in his command as Colonel of Halifax County, and that Samuel Weldon, Esq., be appointed Colonel of said County; John Geddy, Esq., Lieutenant Colonel; John Whitaker, Esq., first Major, and James Allen, Esq.,

-------------------- page 713 --------------------
second Major, of said County. That His Excellency, the Governor, be requested to issue Commissions agreeable to this resolve.

Ordered that the above resolve be sent to the Senate, together with the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House appointing militia officers, &c., in Halifax County.

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 cloathing 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 favour of such persons, taking security for due application of the monies for such sums as may be requisite for the purposes aforesaid, and if any person or persons having more provisions or materials for cloathing than may be necessarry for their own use or family consumption shall refuse to sell the same for the prices current at this time, then the persons appointed as aforesaid 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.

Ordered that the above resolve be sent to the Senate for their concurrence, together with 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.

Received from the Senate the following message:

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

-------------------- page 714 --------------------
your House in the appointment of officers for Martin County, but cannot agree with appointing Mr. Hinton to the command of the Wake regiment, and propose Michael Rodgers as Colonel; Tignal Jones, Esq., Lieut. Colonel; Simon Turner, Esq., first Major, and Lodowick Alford, Esq., Jr., second Major, as Field Officers of said regiment.

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


Saturday, 25 April, 1778.

The House met according to adjournment.

The Bill to impower the County Courts in this State to order the laying out of public roads, and establish and settle ferries and for other purposes therein mentioned was read the first time, passed and ordered to be sent to the Senate.

Sent by Mr. Bloodworth and Mr. Bryan.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

This House cannot concur with the report of your House relative to Monsieur Chariol's proposal, but with the following alterations viz:

The officers not to be commissioned or have pay till approved 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.

Ordered that the following message be sent to the Senate:

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 Monsieur Chariol and concur therewith.

Mr. Peter Farrow has leave to absent himself from the service of this House for the remaining part of the Session.

-------------------- page 715 --------------------

The Bill for repairing Fort Johnston near the entrance of Cape Fear river, was read the second time, amended, passed and ordered to be sent to the Senate.

Sent by Mr. Hunter and Mr. Devane.

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 Senate.

Sent by Mr. Johnston and Mr. Mayo.

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 seperate and distinct county by the name of Wilkes, was read the third time, passed and ordered to be sent to the Senate.

Sent by Mr. Wilson and Mr. Doty.

The Bill for establishing a Town in Surry county at the Court-House, and other purposes therein mentioned, was read the first time and rejected.

Received from the Senate the following Message:

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 of Port Roanoke, Mr. Henry Machen, and the Towns of New Bern, Halifax, and Hillsborough, for the place at which the next Assembly shall be held, and the first Monday in November next for the time.

Received from the Senate the following message:

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 sum for that service therein mentioned.

-------------------- page 716 --------------------

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

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 seventy five pounds.

Concurred with.

Ordered that the following Message be sent to the Senate:

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 for such service.

Concurred with by this House.

The Bill to establish rules to be observed in celebrating matrimony was read the second time, amended, passed and ordered to be sent to the Senate.

Sent by Mr. Sessums and Mr. Devane.

Received from the Senate the following Bills:

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

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

Endorsed in the Senate, 24 and 25 April, 1778.

Read the second time, amended and passed.

A 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 second time and rejected.

Received from the Senate a Bill for appointing commissioners to build a bridge across Contentney Creek, and for other purposes therein mentioned.

Endorsed in the Senate, 25th April, 1778.

Read the second time and passed.

The Bill to compel the late officers of the militia in this State

-------------------- page 717 --------------------
to account for and pay to the succeeding officers all monies in their hands arising from the fines of delinquents.

Read the third time, passed and ordered to be engrossed.

The Bill more effectually to punish the persons concerned in the several species of counterfeiting in this State, was read the third time, amended, passed and ordered to be sent to the Senate.

Sent by Mr. Swain and Mr. Williams.

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 sent to the Senate.

Sent by Mr. Swain and Mr. Williams.

Received from the Senate the following message:

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 three.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

We have received your message proposing to ballot for only three delegates to represent this State in Congress and concur therewith, and propose balloting immediately.

Resolved, that Mr. James Williams, on the part of this House, be appointed to superintend the balloting.

Received from the Senate the following message:

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.

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

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

Sir:

The two Houses of the General Assembly have taken into consideration the Confederacy proposed to the United States by Congress,

-------------------- page 718 --------------------
and have unanimously acceded thereto, and request your Excellency will be pleased to inform the President of the Continental Congress thereof by the earliest opportunity.

Sent by Mr. Tillman and Mr. Cobb.

Received from the Senate the following Bills:

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 to establish a town in the County of Mecklenburg.

A Bill to impower the 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 Senate, 25 April, 1778.

Read the first time and passed.

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

Endorsed in the Senate, 25 April, 1778.

Read the third time and passed.

A Bill for directing and appointing the place where the Clerk for Currituck County and the naval officer for Port Currituck, shall keep their offices.

Endorsed in the Senate, 25 April, 1778.

Read the second time and passed.

The Bill for ascertaining Sheriffs' and Constables' fees in this State, was read the second time, amended, passed and ordered to be sent to the Senate.

Sent by Mr. Swain and Mr. Williams.

Mr. James Williams who was appointed on the part of this House to superintend the balloting for Delegates to represent this State in Congress the ensuing year, public Treasurers a Marshal of the Court of Admiralty for Port Roanoke and a time and place for holding the next session of Assembly at, after some time spent therein returned from the Conference rooms and reported to the House that John Penn, Cornelius Harnett and Abner Nash, Esquires, were elected Delegates, William Skinner and John Ashe, Esquires, Treasurers, Mr. Henry Machon, Marshal; and that the next session of General Assembly is to be held at Hillsborough

-------------------- page 719 --------------------
on the first Monday in November next as appears by a majority of the votes of both Houses.

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

Received from the Senate the following Message:

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 and clothing for the use of the continent.

Concurred with by this House.

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

Endorsed in the Senate, 25 April, 1778.

Read and concurred with.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

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

Concurred with by this House.

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

Endorsed in the Senate, 24 April, 1778.

Read and concurred with.

The House adjourned till Monday morning 9 o'clock.


Monday, 27 April, 1778.

The House met according to adjournment.

Mr. Thomas Amis, one of the members for Bladen County appeared, was qualified and took his seat accordingly.

-------------------- page 720 --------------------

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

To the Honorable, the General Assembly.

Gentlemen:—

By the last post I received the letters and resolves of Congress, herewith sent for your consideration, (to-wit):

A letter from the Honorable, the President of Congress with two resolves inclosed.

1. 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 is lately arrived in Cape Fear; which may answer the purpose of making the boxes recommended by the Honorable 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.

At the same time received the Letters, &c., referred to in the above Message, and the same being read,

Resolved, that his Excellency, the Governor, be impowered to purchase all the tin now in this State, for the purpose of making tin Canisters, and Leather and Bear skins for making Bayonet Sheaths and Belts for the use of the Continental Army; And also to appoint proper persons to make the said Canisters, Bayonets, Sheaths, and Belts, upon the plan recommended by the Honourable Horatio Gates, Esquire, in his Letter of the 28 March, last, addressed to His Excellency, the Governor of this State; and that His Excellency take such measures for carrying out this resolution, the said accoutrements when finished to be transported to the Northward with all possible expedition, as to him shall seem best.

Ordered that the above resolve be sent to the Senate for their concurrence, together with a Message from His Excellency, the Governor, and the Letters, &c., therein referred to:

Mr. Speaker and Gentlemen of the Senate:

We herewith send you a Message from his Excellency, the Governor, and sundry Letters, &c., therein referred to. Also a resolve

-------------------- page 721 --------------------
of this House for your concurrence, which we have entered into in consequence of the aforesaid Message, Letters, &c.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

This House propose, if agreeable to the House of Commons, to Ballot, 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 put in nomination for that purpose Richard Henderson, Esq.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

We have received the Message of your House proposing to ballot 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 therewith, and put in nomination for that purpose John Williams, Esquire, of Granville.

Received from the Senate the following Bills:

A 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.

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 Senate, 27 April, 1778. Read the second time and passed.

A Bill for ascertaining Sheriffs' and Constables' fees in this State. Endorsed in the Senate, 27 April, 1778. Read the second time and passed.

Received from the Senate the following message:

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, Esquire, resigned, whose commission we herewith send you.

-------------------- page 722 --------------------

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

William Lewis, Esquire, 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.

Concurred with.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

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

Concurred with.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith send for your concurrence a Resolve of this House in favour of James Christian.

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

Whereas, it appears by a discharge from Genl. McIntosh, dated 29th day of January, 1778, that James Christain, at present an inhabitant of Chatham county, hath served as a soldier in 9th North 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 Christain 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 Christain or to his order the aforesaid sum for which they shall be allowed in their accounts with the public.

Concurred with.

-------------------- page 723 --------------------

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

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

Concurred with by this House.

Received from the Senate the following Message:

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.

Concurred with by this House.

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

Endorsed in the Senate, 27th April, 1778.

Read and concurred with.

This House Adjourned till 4 o'clock, p. m.

The House met according to Adjournment.

Mr. Thomas Harvey one of the members for Pasquotank County appeared, was qualified and took his seat accordingly.

The Bill for raising men to complete the Continental Battalions belonging to this State was read the third time, amended, passed and ordered to be sent to the Senate.

Sent by Mr. Tillman and Mr. Hunter.

The Bill to impower the regular ministers as well as magistrates to solemnize the rights of matrimony was read the first time and rejected.

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, for ascertaining the method of obtaining titles to the same and for other purposes therein mentioned, was read the second time, passed and ordered to be sent to the Senate.

Sent by Mr. Williams and Mr. Mitchell.

On motion, resolved, that Mr. Speaker issue a writ of election

-------------------- page 724 --------------------
to the County of Brunswick to elect two members of the House, an election having not been held agreeable to the Constitution, and that the said election be held on the second Monday in May next.

Mr. Jones, from the Committee of Priviledges and Elections, reported as follows:

The committee being informed that Mr. Cocke, who was returned a member for Washington County, was Clerk of the Court of said County called Mr. Cocke before them, and upon examination it appeared by a record from the Court of Washington District corroborated by the testimony of Charles Roberson, that he was elected Clerk of Washington District (now Washington County) on the fourth Tuesday in August, 1777.

Resolved, therefore, that Mr. Cocke as being Clerk of a County Court is not entitled to keep his seat in the House of Commons.

The committee having taken into consideration the petition of Clement Crook, respecting the election of Isham Webb and Joshua Swain for Tyrrell County, and finding the same unsurported by any testimony saving only a single deposition taken ex parte;

Resolved, that the election aforesaid is good and valid, and that the said Swain and Webb ought to keep their seats.

The committee being informed that Genl. Butler, a member for Orange County; Col. Jonas Johnston, for Edgecom be; Mr. William Roberson, for Pitt, and Mr. Timothy Bloodworth, for New Hanover, were appointed entry takers in their several counties, and upon inquiry finding the same to be true, proceeded to consider the twenty-fifth section of the Constitution, whereby it is declared that no person who heretofore has been or hereafter may be a receiver of public money, shall be entitled to a seat in the General Assembly until he shall have fully accounted for and paid all monies for which he may be liable;

Whereupon, it was resolved as the opinion of the committee that entry takers come within the meaning of the aforesaid section, and therefore that General Butler, Col. Jonas Johnston, Mr. William Robeson and Mr. Timothy Bloodworth, are not entitled to seats in the House of Commons.

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

-------------------- page 725 --------------------

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, passed and ordered to be sent to the Senate.

Sent by Mr. Isaacs and Mr. Bryan.

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


Tuesday, 28 April, 1778.

The House met according to adjournment.

The Bill for building a Court House in Elizabeth Town in the County of Bladen, was read the second time, amended, passed and ordered to be sent to the Senate.

Sent by Mr. Amis and Mr. Rowan.

Mr. Jones moved for leave and presented a Bill to prevent the exportation of beef, pork, bacon and Indian corn, which he read in place and delivered in at the table, where it was again read, passed and ordered to be sent to the Senate.

Sent by Mr. Doty and Mr. Sessums.

Mr. Jones moved for leave and presented a Bill for restraint of vagrants and preventing desertion, which he read in his place and delivered in at the table, where it was again read, passed and ordered to be sent to the Senate.

Sent by Mr. Hunter and Mr. Bryan.

On motion, resolved that Mr. Speaker issue a writ of election to the County of Edgecombe to elect one member of this House in the room and stead of Jonas Johnston, Esq., whose seat is vacated by his acceptance of the entry taker's office for said County,

Also to the County of Tyrrel to elect one member of this House in the room and stead of Isham Webb, Esq., deceased.

Also to the County of Washington to elect one member of this House in the room and stead of William Cocke, Esq., who is not entitled to a seat in this House from his being considered as Clerk of said County Court.

Also to the County of New Hanover to elect one member of this House in the room and stead of Timothy Bloodworth, Esq., whose seat is vacated by his acceptance of the entry taker's office for said County.

Also to the County of Nash to elect two members of this House,

-------------------- page 726 --------------------
an election not having been held there owing to their being no Sheriff or Coroner to summon the people together.

Also to the County of Orange to elect one member of this House in the room and stead of General Butler whose seat is vacated by his acceptance of the Entry Taker's office for said County.

Also to the County of Pitt to elect one member of this House in the room and stead of William Robeson, Esq., whose seat is vacated by his acceptance of the Entry Taker's office for said County.

And that the said elections be held on the 19th and 20th days of June next, except for the County of New Hanover, in which the election shall be held on the 16th and 17th days of July next.

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 Senate.

Sent by Mr. Peoples and Mr. Clinton.

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 Senate.

Sent by Mr. Peoples and Mr. Clinton.

Received from the Senate the following Bills:

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

Endorsed in the Senate, 27 April, 1778.

Read the third time and passed.

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

Endorsed in the Senate, 28 April, 1778.

Read the second time and passed.

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 third time and rejected.

The Bill to establish rules to be observed in celebrating of matrimony was read the third time, passed and ordered to be engrossed.

The House adjourned till 3 o'clock p. m.

-------------------- page 727 --------------------

The House met according to adjournment.

Received from the Senate the following Bills:

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

Endorsed in the Senate, 28th April, 1778.

Read the second time and passed.

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 Senate, 28 April, 1778.

Read the third time and passed.

A Bill for restraint of vagrants and preventing desertion.

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

Endorsed in the Senate, 28 April, 1778.

Read the first time and passed.

Mr. Robert Peoples has leave of absence for the remaining part of the session.

Ordered that Mr. Mallett, Mr. Amis, Mr. Cobb, Mr. Harvey, Mr. Mitchell, Mr. Benbury and Mr. Courtney, be a committee to settle the accounts of Robert Rowan, as commissioner of the Iron Works in Chatham County, and make report thereon.

Mr. Courtney from the Committee of Claims reported that there is due to Major Henry Dixon in three claims the sum of one hundred and fifty-three pounds seventeen shillings and eight pence, as appears by the 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 fifty-three pounds seventeen shillings and eight pence, and be allowed in the accounts with the public.

Ordered that the above resolve be sent to the Senate for their concurrence, together with 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.

-------------------- page 728 --------------------

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.

Ordered that the above resolve be sent to the Senate for their concurrence, together with the following message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House in favor of Col. Archibald Lytle.

Resolved, that Mr. James Williams be appointed on the part of this House to superintend the balloting for a delegate in the room of Abner Nash, Esq., resigned.

Received from the Senate the following message:

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 Monsieur Chariol &c., &c.

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

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

Sir:

The General Assembly having concurred with the report of the Committee appointed to consider the proposal of Monsieur Chariol for raising a regiment for the service of this State or of the United States (a copy of which we herewith send you) request your Excellency will grant a commission to Monsieur Chariol as Colonel, and also commissions to his officers agreeable to the report.

Concurred with.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

This House concur with the report of the Committee appointed

-------------------- page 729 --------------------
to consider the petition of John 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.

Received from the Senate the following Message:

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 December, 1776, to the State near or about the Iron Works.

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

On motion, resolved that all entries on the lands near or about the Iron Works in Chatham County (belonging to John Wilcox) which were reserved to this State by resolve of Congress passed at Halifax, in December, 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.

Concurred with.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

We herewith return the resolve of your House for making void all entries of 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.

Received from the Senate 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 papers in the Secretary's office, &c.

At the same time, received the resolve of the Senate referred to in the above message, and the same being read was rejected.

-------------------- page 730 --------------------

Mr. James Williams, who was appointed on the part of this House to superintend the balloting for a delegate to represent this State in Congress the ensuing year in the room of Abner Nash, Esqr., resigned, after some time spent therein, returned from the conference room and reported to the House that John Williams, Esqr., of Granville, was elected a delegate by a majority of the votes of both Houses.

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

John Williams, Esqr., Speaker of this House, having accepted of the appointment of a delegate to represent this State in Congress the ensuing year;

Resolved, therefore, as the opinion of this House, that his seat therein is vacated.

Mr. John Tillman proposed for Speaker Thomas Benbury, Esqr., in the room and stead of John Williams, Esqr., appointed a delegate to represent this State in Congress the ensuing year, and he was unanimously chosen and conducted to the chair accordingly.

The Bill to establish a Court of Chancery and Equity in this State, and to regulate the mode of proceeding therein, was read the second time, passed and ordered to be sent to the Senate.

Sent by Mr. Tillman and Mr. Rowan.

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


Wednesday, 29th April, 1778.

The House met according to adjournment.

The Bill for restraint of vagrants and preventing desertion, was read the second time, amended, passed and ordered to be sent to the Senate.

Sent by Mr. Mallett and Mr. Mayo.

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

Sent by Mr. Williams and Mr. Mallett.

Mr. Jones moved for leave, and presented a Bill for procuring a Great Seal for this State, which he read in his place and delivered

-------------------- page 731 --------------------
in at the table, where it was again read, passed and ordered to be sent to the Senate.

Sent by Mr. Brooks and Mr. Williams.

Received from the Senate the following Bills:

A Bill for restraint of vagrants and preventing desertion.

Endorsed in the Senate, 29 April, 1778.

Read the second time, amended and passed.

A Bill for procuring a Great Seal for this State.

Endorsed in the Senate, 29 April, 1778.

Read the first time and passed.

Ordered that the Committee of Claims and Accounts make report tomorrow at 3 o'clock in the evening.

Received from the Senate the following message:

Mr. Speaker and Gentlemen of the House of Commons:

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

Concurred with.

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

Endorsed in the Senate, 29 April, 1778.

Read and concurred with.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House in favour of Maj. Henry Dixon.

Concurred with.

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

Endorsed in the Senate, 29 April, 1778.

Concurred with.

The Bill for restraint of vagrants and preventing desertion was read the third time, passed and ordered to be sent to the Senate.

Sent by Mr. Bryan and Mr. Clark.

The Bill to amend an act entitled an act to establish a town in

-------------------- page 732 --------------------
the County of Mecklenburg, was read the second time, amended, passed and ordered to be sent to the Senate.

Sent by Mr. Amis and Mr. Clark.

The Bill to amend an act entitled an act to regulate the pilotage at 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 Senate.

Sent by Mr. Amis and Mr. Clark.

Received from the Senate the Bills allowing salaries to the Governor, Secretary, Delegates, Treasurers and members of the Council of State, and other purposes.

Endorsed in the Senate, 29 April, 1778.

Read the third time, amended and passed.

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 sent to the Senate, for their concurrence, together with 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 a certain sum therein mentioned.

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, was read the second time, passed and ordered to be sent to the Senate.

Sent by Mr. Brooks and Mr. McCauley.

Received from the Senate the following message:

Mr. Speaker and Gentlemen of the House of Commons:

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

-------------------- page 733 --------------------

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

On motion, resolved, that Col. Nicholas Long be allowed the sum of fourteen hundred pounds for four wagons and teams, which he sent to headquarters, and which, by general orders, dated 20 January, 1778, were taken for the use of the United States.

Concurred with.

Ordered that the following message be sent to the Senate:

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 wagons, &c.

Concurred with.

The Bill for ascertaining Sheriffs' and Constables' fees in this State, was read the third time, passed and ordered to be sent to the Senate.

The Bill for building a Court house in Elizabeth Town, in the county of Bladen, was read the third time, passed, and ordered to be sent to the Senate.

The Bill to prevent the exportation of Beef, Pork, Bacon, and Indian Corn, was read the second time, passed and ordered to be sent to the Senate.

Sent by Mr. Tillman and Mr. Whitaker.

The Bill for appointing commissioners to build a bridge across Cotentnea creek, and other purposes therein mentioned, was read the third time, passed and ordered to be sent to the Senate.

Sent by Mr. Jordan and Mr. Jos. Bryan.

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 the Territory was under the Government of the late proprietors, and the Crown of Great Britain, and for reviving the several acts therein mentioned, was read the third time, amended, passed, and ordered to be sent to the Senate.

Sent by Mr. Bryan and Mr. Jordan.

Whereas, the settlement of Col. Kenan's account was by the order of the General Assembly in Apr. 1777, referred to the Governor and Council, and they proceeded to a settlement thereof accordingly,

-------------------- page 734 --------------------
but the same has not been concurred with by the General Assembly, and,

Whereas, it is suggested by Mrs. Kenan, Relict of the said William Kenan, that she has sundry just claims on behalf of said Kenan, deceased, against this 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. John Hunt for a state of charges against said Wm. Kenan, and that His Excellency grant the warrant or warrants on the Treasury for such ballance if any as may appear to be due to the estate of Col. William Kenan.

Ordered that the above resolve be sent to the Senate for their concurrence, together with 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.

Capt. De Cottineau 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 planned and erected a Fort at Cape Lookout for the protection of the Harbour thereof, and also that he had addressed a letter to the Congress praying a commission by which he might be entitled to fight under Continental colors;

Which, being considered,

Resolved, that this House entertains a most grateful sense of the important service rendered by Capt. Cottineau to the United States by the importation of stores aforesaid, and to this State in particular, by planning and erecting a Fort at Cape Lookout; and the highest opinion of Captain Cottineau, as a Gentleman and as a soldier, and therefore that His Excellency be requested to forward Capt. Cottineau's letter to the Continental Congress, together with a copy of this resolve.

-------------------- page 735 --------------------

Ordered that the above resolve be sent to the Senate for their concurrence, together with 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. De Cottineau.

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, for ascertaining the method of obtaining titles to the same and for other purposes therein mentioned, was read the third time, amended by consent of the Senate, passed and ordered to be engrossed.

The Bill to prevent the stopping of Rocky creek, Cape Fear, Haw and Deep rivers, and other purposes therein mentioned, was read the second time and rejected.

The House adjourned till tomorrow morning 8 o'clock.


Thursday, 30 April, 1778.

The House met according to adjurnment.

On motion, resolved, that Mr. Speaker issue a writ of election to the County of Granville to elect one member of this House in the room and stead of John Williams, Esq., whose seat is vacated by his acceptance of the appointment of a Delegate to represent this State in Congress the ensuing year; that the said election be held on the 19th and 20th days of June next.

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

Ordered that the above resolve be sent to the Senate for their concurrence, together with the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House in favour of James Davis, Esquire, printer.

On motion, resolved that the members of this present General

-------------------- page 736 --------------------
Assembly be allowed the sum of forty shillings for each day's travelling to, and attending at, and returning from, this present Session of Assembly. This being objected to the question was put and carried in the affirmative, 30 to 19.

Then on motion, ordered that the yeas and nays on the said question be taken down, which are as follows:

Yeas—G. Mitchel, J. Swain, M. Brooks, R. Clinton, T. Hicks, W. Courtney, W. McCauley, S. Cain, A. Ellison, S. Miller, E. Smithwick, G. Davidson, N. Mayo, W. Jordan, James Williams, Alex. Clark, J. Devane, D. Wilson, C. Fifer, H. Sanders, S. Boyer, S. Shepperd, Jas. Hunter, Jacob Hunter, E. Isaacs, W. Gilbert, B. Doty, W. Fereby, A. Cotton, and Thomas Amis.

Nays—R. Cogdell, Thornton Yancey, B. Hawkins, A. McLemore, J. Tillman, S. Turner, Willie Jones, J. Williams (Caswell), J. Williams (Pitt), J. Sessums, E. Haywood, J. Whitaker, W. Baker, N. Bryan, Jesse Cobb, P. Mallett, J. Bryan, T. Harvey and A. Jones.

Ordered that the above resolve be sent to the Senate for their concurrence, together with 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 per day for travelling to, attending at and returning from this present Session of Assembly.

Received from the Senate the following Bills:

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

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

Endorsed in the Senate, 29 April, 1778.

Read the second time and passed.

A Bill for directing and appointing and directing the place where the Clerk for Currituck County and the naval officer for Port Currituck shall keep their officers.

-------------------- page 737 --------------------

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

Endorsed in the Senate, 29 April, 1778.

Read the third time and passed.

The Bill to prevent the exportation of beef, pork bacon and Indian corn, was read the third time, passed and ordered to be sent to the Senate.

Sent by Mr. Miller and Mr. Mitchel.

The Bill to impower the County Courts in this State to order the laying out of public roads and establish and settle ferries, and for other purposes therein mentioned, was read the second time, amended, passed and ordered to be sent to the Senate.

Sent by Mr. Miller and Mr. Mitchel.

The Bill for procuring a Great Seal for this State, was read the second time and passed and ordered to be sent to the Senate.

Sent by Mr. Miller and Mr. Mitchell.

On motion, resolved, that the commission for erecting and building a Fort at Cape Lookout Bay, be directed to pay Mrs. Bartholmew, the damage she sustained by having her chaise broken by the Chevalier De Chambray, travailing from Beaufort to Newbern to confer with His Excellency, the Governor, respecting the planning and erecting at Cape Lookout a Fort; and that they be allowed for the same in their accounts with the public.

Ordered that the above resolve be sent to the Senate for their concurrence, together with 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.

The 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, was read the third time and passed and ordered to be engrossed.

-------------------- page 738 --------------------

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of this House in favor of Capt. De Cottineau.

Concurred with by this House.

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

Endorsed in the Senate, 29 April, 1778.

Read and concurred with.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House impowering His Excellency, the Governor, to draw on the Continental Treasury for a certain sum therein mentioned.

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

Endorsed in the Senate, 29 April, 1778.

Read and concurred with.

Received from the Senate the following message:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House relative to Col. Kenan's accounts.

Concurred with.

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

Endorsed in the Senate, 29 April, 1778.

Read and concurred with.

Received from the Senate 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, to grant blank Sheriffs' commissions to such members of Assembly as shall apply for the same.

At the same time received the resolve of the Senate referred to in the above Message, as follows;

Resolved, that His Excellency, the Governor, be requested to give blank Sheriffs' commissions to the members of Assembly who shall

-------------------- page 739 --------------------
apply for them, to be filled up and delivered to the person recommended by the respective County Courts and to which they shall qualify the succeeding Court.

Concurred with.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

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

Concurred with.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the Resolve of your House in favour of James Davis, Esq.

Concurred with.

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

Endorsed in the Senate, 30 April, 1778.

Read and concurred with.

Received from the Senate the following Message:

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.

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

And the same being read was rejected.

Received from the Senate the following Bills:

A Bill for procuring a Great Seal for this State.

-------------------- page 740 --------------------

A Bill to impower the 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 Senate, 30 April, 1778.

Read the second time and passed.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House impowering the Colonel or Commanding Officer of each County to receive a certain sum of money therein mentioned from the Entry Takers and Sheriffs of their respective Counties, &c.

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

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 Officer 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 Colonel or Commanding Officer repay the said sums from the Deputy Paymaster General.

Concurred with.

Ordered that the following message be sent to the Senate:

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.

Concurred with.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith send for your concurrence a Resolve of this House impowering certain persons therein mentioned to liquidate and adjust the accounts of this State against the United States &c., &c.

-------------------- page 741 --------------------

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

And the same being read was rejected.

The memorial of Monsieur Le Chevalier De Chambray being read and concurred, resolved that this House highly approves of Monseiur De Chambray's conduct since his arrival in North Carolina; that 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 Monsieur Le Chevalier De Chambray addressed to the Congress and to His Excellency, General Washington, and that he also transmit a copy of these proceedings.

Ordered that the above resolve be sent to the Senate for their concurrence, together with 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. Mr. William Brown has leave to absent himself from the service of the House for the remaining part of the Session.

The House adjourned till 3 o'clock, p. m.

The House met according to adjournment.

Resolved, that His Excellency, the Governor and the Council be impowered to settle with the persons claiming the merchandise, seised by warrant from Joseph Leech and William Tisdale, Esq., for the United States, then supposed to belong to Messrs. Savage and Westmore, but now claimed by a certain Mr. O'Conner.

And that His Excellency grant to the proper owners a warrant on the Treasury for the amount which shall be found due.

Ordered that the above resolve be sent to the Senate for their concurrence, together with 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

-------------------- page 742 --------------------
claiming the goods that were taken by warrant under the hands of Joseph Leech and William Tisdale, Esq., which were supposed to belong to Messrs. Savage and Westmore though since claimed by one Mr. O'Conner.

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 the Council; and that the Governor be impowered to grant a warrant on either of the Treasurers for the amount which shall be found due.

Ordered that the above resolve, be sent to the Senate for their concurrence together with 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, Council, &c.

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 favour of Mr. Easton on either of the Treasurers for such sum as may be necessary for that purpose.

Ordered that the above resolve be sent to the Senate for their concurrence, together with 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.

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

To the Honourable, the General Assembly,

Gentlemen:—

David Smith, Esq., who was Col. of the Regiment of Militia in Cumberland County, and John Armstrong, Esq., who was first Major of the said Regiment, have resigned their respective commissions, and as it is absolutely necessary that a diligent and active

-------------------- page 743 --------------------
officer should be appointed to the command of the Regiment, a person well acquainted with the different manners and customs of the people in that country and one whose past conduct and knowledge in Militia matters will give him weight with those people, I take the liberty of recommending Robert Rowan, Esq., as a gentleman whose character and conduct will entitle him to such command (in my opinion) in preference to any person in that County.

R. Caswell.

Ordered that the following Message be sent to the Senate:

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 Lieut., Zepheniah Pinkham and Andrew Blanchard, for second Lieut., Uriah Jones; for Captain of Fort Johnston, Thomas Bloodworth and Robert Ellis, Esq,; James Smith, first Lieut.; John Devane, Jun., second Lieut.

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

Resolved, that it be recommended to the Delegates from 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 that they shall have it in the same quantity and upon as reasonable terms as any soldiers in the Continental Army; and that this State be debited for the expence and loss which may accrue by this measure.

Ordered that the above resolve be sent to the Senate for their concurrence together with 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.

On motion, resolved, that Mr. James Williams be appointed on the part of this House to superintend the balloting for officers for Forts Hancock and Johnston.

-------------------- page 744 --------------------

Resolved, that the Commissary of Stores be and he is hereby 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 clothing of every kind at one third of the cost of such clothing, provided that no officer shall draw more cloath than sufficient for one suit of clothes, nor more linen than will make four shirts, and more of any other article than may be necessary for a single man.

Ordered that the above resolve be sent to the Senate for their concurrence, together with the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House directing the Commissary of Stores to supply the Continental officers appointed by this State with some articles of cloathing, &c.

Received from the Senate the following Message:

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, Robert Ellis, Captain; Thomas Bloodworth, First Lieutenant, and John Devane, Jr., Second Lieutenant; and for Fort Hancock, John Tillman, Captain; Andrew Blanchard, First Lieutenant, and Zepheniah Pinkham, Second Lieutenant.

Mr. James Williams, who was appointed on the part of this House to superintend the balloting for officers for Fort Hancock and Fort Johnston, after some time spent therein, returned from the Conference Room and reported to the House, that John Tillman, Esqr., is appointed Captain of Fort Hancock, and Zepheniah Pinkham, First Lieutenant; Robert Ellis, Esqr., Captain of Fort Johnston; James Smith, First Lieutenant, and John Devane, Jr., Second Lieutenant, by a majority of votes of both Houses; that neither of the gentlemen put in nomination for Second Lieutenant of Fort Hancock had a majority.

The House taking the said report into consideration concurred therewith; and,

Resolved, that His Excellency, the Governor, and the Council,

-------------------- page 745 --------------------
be impowered to appoint some fit person to be Second Lieutenant of Fort Hancock.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House respecting certain goods taken by warrant from Joseph Leech and William Tisdale, Esqrs.

Concurred with.

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

Endorsed in the Senate, 30 April, 1778.

Read and concurred with.

Received from the Senate the following Message:

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.

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

Endorsed in the Senate, 30 April, 1778.

Read and concurred with.

Received from the Senate 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 the Pennsylvania Farmer.

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

Resolved, that Charles Bonfield and Henry Montford, former commissioners for loading the armed Brigantine, the Pennsylvania 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 pay by equal proportions the amount of the nett proceeds into the hands of Mr. Charles Bonfield, of

-------------------- page 746 --------------------
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 has been already purchased, as His Excellency, the Governor, and the Council of State, may direct.

Concurred with.

Ordered that the following Message be sent to the Senate:

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.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House relative to Monsieur le Chevalier De Chambray.

Concurred with.

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

Endorsed in the Senate, 30 April, 1778.

Read and concurred with.

Received from the Senate the following Message:

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, Captain Wilson, to the Governor and Council.

Concurred with.

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

Endorsed in the Senate, 20 April, 1778.

Concurred with.

Received from the Senate the following Message:

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 ship Caswell.

Concurred with.

-------------------- page 747 --------------------

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

Endorsed in the Senate, 30 April, 1778.

Read and concurred with.

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 cloathing, and as it is possible that supplies from abroad may fail hereafter; be it, therefore,

Resolved, that the several counties shall furnish cloathing as follows:

Rowan county, one hundred and twenty-four Hats, five hundred and twenty-four yards of Linen, two hundred and forty-eight yards of Wollens or Cotton double wove, two hundred and forty-eight pairs of Shoes and Stockings; Mecklenburg, seventy-two Hats; three hundred and four yards of Linen, one hundred and forty-four yards of wollen or double wove cotton, one hundred and forty-four pairs of Shoes and Stockings; Tryon, fifty-five Hats, two hundred and thirty-one yards of Linen, one hundred and ten yards of wollen or double wove cotton, one hundred and ten pairs of Shoes and Stockings; Anson, fifty-six Hats, two hundred and thirty-three yards of Linen, one hundred and twelve yards of Wollen or double wove Cotton, and one hundred and twelve pairs of Shoes and Stockings; Surry, sixty-three Hats, two hundred and sixty-three yards of Linen, one hundred and twenty-six yards of Wollen or double wove Cotton, and one hundred and twenty-six pairs of Shoes and Stockings; Guilford, one hundred and twelve Hats, four hundred and sixty-six yards of Linen, two hundred and twenty-four yards of Wollen, or double wove cotton, two hundred and twenty-four pairs of Shoes and Stockings; Burke, forty-four Hats, one hundred and eighty-eight pairs of Shoes and Stockings; Washington, forty-four hats, one hundred and eighty-eight yards of Linen, eighty-eight yards of Wollen or double wove Cotton, eighty-eight pair of Shoes and eighty-eight pairs of Stockings; Wilkes, twenty-five Hats, one hundred and five yards of Linen, fifty yards of double wove Cotton or Wollen, fifty pairs of shoes and fifty pairs stockings; Orange, seventy-three Hats, three hundred and six yards of Linen, one hundred

-------------------- page 748 --------------------
and forty-six yards Wollen or double wove Cotton, one hundred and forty-six pairs of Shoes and one hundred and forty-six pairs of Stockings; Granville, fifty Hats, two hundred and ten yards Linen, one hundred yards Wollen or double wove Cotton, one hundred pairs Shoes, and one hundred pairs Stockings; Wake, forty-three Hats, one hundred and seventy-nine yards Linen, eighty-six yards of Wollen or double wove Cotton, eighty-six pairs of Shoes and eighty-six pairs of Stockings; Chatham, forty Hats, one hundred and ninety-eight yards of Linen, ninety-six yards of Wollen or double wove Cotton, ninety-six pairs Shoes and ninety-six pairs Stockings; Caswell, forty-eight Hats, one Hundred and ninety-eight yards of Linen, ninety-six yards of Wollen or double wove Cotton, ninety-six pairs Shoes and ninety-six pairs Stackings; Halifax, sixty-three Hats, two hundred and sixty-two yards Linen, one hundred and twenty-six yards of Wollen or double wove Cotton, one hundred and twenty-six pairs Shoes and one hundred and twenty-six pairs Stockings; Northampton, forty-five Hats, one hundred and eighty-nine yards of Linen, ninety yards of Wollen or double wove Cotton, ninety pairs Shoes and ninety pairs Stockings; Edgecombe, forty-four Hats, one hundred and eighty-eight yards of Linen, eighty-eight yards of Wollen or double wove Cotton, eighty-eight pairs of Shoes and eighty-eight pairs of Stockings; Bute, seventy-six Hats, three hundred and fifteen yards of Linen, one hundred and fifty-two yards of Wollen or Cotton Cloth, one hundred and fifty-two pairs Shoes and one hundred and fifty-two pairs Stockings; Martin, twenty-eight Hats, one hundred and and sixteen yards Linen, fifty-six yards Wollen or Cotton Cloth, fifty-six pairs of Shoes and fifty-six pairs of Stockings; Nash, thirty-nine Hats, one hundred and sixty-four yards Linen, seventy-eight yards Wollen or Cotton Cloth, seventy-eight pairs Shoes and seventy-eight pairs of Stockings; Chowan, twenty-four Hats, ninety-eight yards of Linen, forty-eight yards Wollen or Cotton Cloth, forty-eight pairs Shoes and forty-eight pairs of Stockings; Perquimans, twenty-four Hats, ninety-eight yards Linen, forty-eight yards Wollen or Cotton Cloth, forty-eight pairs Shoes and forty-eight pairs of Stockings; Pasquotank thirty-two Hats, one hundred and thirty-five yards Linen, sixty-four yards Wollen or Cotton Cloth, sixty-four pairs shoes and sixty-four pairs of Stockings; Currituck, thirty-six Hats, one hundred and forty-nine yards of Linen, seventy two yards of
-------------------- page 749 --------------------
Linen, seventy-two yards of Wollen or Cotton Cloth, seventy-two pairs Shoes and seventy-two pairs Stockings; Bertie, thirty-five Hats, two hundred and twenty yards of Linen, one hundred and eight yards of Wollen or Cotton Cloth, one hundred and eight pairs Shoes and one hundred and eight pairs of Stockings: Tyrrell, twenty-four Hats, one hundred and one yards of Linen, forty-eight yards Wollen or Cotton Cloth, forty-eight pairs of Shoes and forty-eight pairs of Stockings; Hertford, forty-four Hats, one hundred and eighty-five yards of Linen, eighty-eight yards of Wollen or Cotton Cloth, eighty-eight pairs of Shoes and eighty-eight pairs Stockings.

County.
Hats.
Linen.
Woolen or Cotton Cloth.
Shoes.
Stockings.
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

And the Justices and Field Officers in every County at the first Court after this Session of Assembly, if convenient, or otherwise at the second Court are hereby authorized and required to proportion the cloathing aforementioned to the several companies aud 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

-------------------- page 750 --------------------
the different articles according to such agreement, to the Colonel or Commanding Officer of militia in each respective County, and if any Captain shall fail to return such list 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 list, it shall and may be lawful for the Colonel or Commanding Officer aforesaid to issue his warrant against any one or more of the people belonging to the persuasion 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 quota 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 aforementioned 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 clothing nor against any individual of any company or society aforementioned until the twentieth day of September next, and the Colonel or Commanding officer in each and every County is hereby authorised and required to receive the cloathing aforementioned from persons who shall furnish the same, and the said cloathing shall be valued, on oath, by three indifferent freeholders or householders in the Counties of Washingington, Wilkes, Burke, and Surry, and in the other Counties by three freeholders who shall certify the valuation, and such certificates with receipts endorsed thereon from the Colonel or Commanding Officer for delivery thereof, shall be received in payment of public taxes by the collectors, in their repsective 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 cloathing aforementioned 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 Continental troops, and the Colonel or Commanding Officer shall send one complete
-------------------- page 751 --------------------
inventory of such cloathing 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 cloathing to Halifax.

Ordered that the above resolve be sent to the Senate for their concurrence, together with 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 cloathing, &c.

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


Friday, 1 May, 1778.

The House met according to adjournment.

A 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 and rejected.

The Bill for procuring the great seal for this State, was read the third time, passed and ordered to be sent to the Senate.

Sent by Mr. Turner and Mr. McLemore.

Read the memorial of William Peete, praying that the confiscation act may not extend to the estate of Doctor Samuel Peete, &c.

Ordered that the same lie over until the next session of Assembly for consideration.

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 sent to the Senate.

Sent by Mr. Clark and Mr. Tillman.

The Bill to alter the times of holding the several Superior Courts of Law, and for the better arranging the County Courts within this State, was read the third time, amended, then passed and ordered to be sent to the Senate.

Sent by Mr. Clark and Mr. Tillman.

On motion, resolved, that the Clerk of the House of Commons

-------------------- page 752 --------------------
deliver John Wilcox all his papers, &c., in his possession, relative to the Iron Works in Chatham County,

Ordered that the above resolve be sent to the Senate for their concurrence, together with 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.

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.

Ordered that the above resolve be sent to the Senate for their concurrence, together with the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House requesting His Excellency to issue certain commissions.

Whereas, the General Assembly at their session in December last entered into a resolution impowering Mr. Thomas Craike to borrow money of the Continental Loan Office for the purpose of purchasing blankets, &c., for the Continental Troops in case there should not be a sufficient sum in the public Treasury And the said Mr. Craike having received from Mr. James Green, Jun., Treasurer of the said Loan office, in certificates to the amount of thirty thousand dollars for the purposes all of which are already negotiated, and this State chargeable therewith. And further, it being represented by the Continental Board of Treasury that such a procedure was irregular and necessarily required the same to be put in a proper train;

Resolved, therefore, that Jno. Ashe, Esq., Treasurer be impowered and requested (on the part of this State) to pass a receipt to the Treasurer of the said Loan office for the sum of thirty thousand dollars, to enable him to raise an amount with the State, and to obtain a proper voucher for such transaction.

-------------------- page 753 --------------------

Ordered that the following Message be sent to the Senate, to-wit:

Mr. Speaker and Gentlemen of the Senate:

This accompanys a resolve of this House impowering John Ashe, Esq., 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.

Resolved, that the men to be raised to garrison Fort Hancock and Fort Johnston, be inlisted for the term of one year only.

Ordered that the above resolve be sent to the Senate for their concurrence, together with 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 Fort Hancock and Fort Johnston shall be inlisted for.

The report of the Committee of Claims was read and agreed to by this House.

Received from the Senate the following Message:

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.

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

Endorsed in the Senate, 1 May, 1778.

Read and concurred with.

The report of the Committee of Accounts was read and agreed to by this House.

Resolved, that Mr. Alderson Ellison be allowed the sum of twenty-seven pounds nine shillings and ten pence, for that sum over paid the Treasurer, in the settlement of his Sheriff's account

-------------------- page 754 --------------------
for the year 1774; that the Treasurers or either of them pay him the same and be allowed.

Ordered that the above resolve be sent to the Senate for their concurrence, together with 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.

The Bill allowing salaries to the Governor, Secretary, Delegates, Treasurers and Members of the Council of State, and other purposes, was read the third time, amended by consent of the Senate, passed and ordered to be engrossed.

Ordered that the following message be sent to the Senate:

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.

Resolved, that His Excellency, the Governor, be impowered to draw on the Continental Treasury in favour of Nicholas Long, Esqr., Deputy Quartermaster General of this State, for the sum of fourteen hundred pounds for four waggons and teams. Also, for the sum of ten thousand seven hundred and fifty-eight pounds five shillings and six pence, being the balance due him on the settlement of his accounts with this State.

Ordered that the above resolve be sent to the Senate for their concurrence, together with 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, Esq., Deputy Quartermaster General, &c.

Resolved, that Richard Ellis, Esq., be authorized and impowered to sell the gun carriages and other things in his possession belonging to the armed vessel Pennsylvania Farmer, except the cannon

-------------------- page 755 --------------------
ball, which is to be delivered to the Captain of Fort Hancock; that he return an account of such sale to the next session of Assembly.

Ordered that the above resolve be sent to the Senate for their concurrence, together with the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House impowering Richard Ellis, Esq., to sell certain things therein mentioned, &c.

Mr. Mallett, from the Committee appointed to examine the accounts of Robert Rowan, Esq., one of the Commissioners of the Iron Works in Chatham County, reported as follows:

Your Committee having examined the accounts of Mr. Rowan, one of the Commissioners of the Iron Works in Chatham County, find that there is a balance of two hundred and twenty-four pounds three shillings and six pence due him, all which is humbly submitted.

Peter Mallett,
Chairman.

The House, taking the said report into consideration, concurred therewith, and resolve that the Treasurers or either of them pay the said Robert Rowan the aforesaid sum of two hundred and twenty-four pounds three shillings and six pence, and be allowed.

Ordered that the above report and resolve thereon be sent to the Senate for their concurrence, together with 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, and also a resolve of this House in consequence thereof.

Received from the Senate 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

-------------------- page 756 --------------------
the officers of Forts Hancock and Johnston at a certain time, &c., &c.

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

On the motion 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.

Concurred with.

Ordered that the following Message be sent to the Senate:

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.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House impowering John Ashe, Esq., Treasurer of this State, to pass a receipt to the Treasurer of the Continental Loan office in this State, for a certain sum therein mentioned.

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

Endorsed in the Senate, 1st May, 1778.

Read and concurred with.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House furnishing the Continental officers of this State with cloaths, &c.

Concurred with.

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

Endorsed in the Senate, 1 May, 1778.

Read and concurred with.

-------------------- page 757 --------------------

Received from the Senate the following Message:

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.

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

Endorsed in the Senate, 1 May, 1778.

Read and concurred with.

Received from the Senate the following Message:

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.

Concurred with.

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

Endorsed in the Senate, 1 May, 1778.

Read and concurred with.

Received from the Senate the following Message:

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.

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

Endorsed in the Senate, 1 May, 1778.

Read and Concurred with.

Received from the Senate the following message:

Mr. Speaker and Gentlemen of the House of Commons:

We have read and concurred with the resolve of your House for providing cloaths for the Continental Troops in this State.

The House adjourned till 3 o'clock p. m.

-------------------- page 758 --------------------

The House met according to adjournment.

Resolved, that His Excellency, the Governor, be impowered to grant a warrant on the Treasury to Thomas Williams, Commissary of the Tenth Battalion, for the sum of one thousand one hundred and nine pounds, twelve shillings and nine pence, to pay off and discharge claims for provisions furnished the said regiment which have not been already allowed; the said Williams giving bond and security to account with the Assembly for the application of the said money.

Ordered that the above resolve be sent to the Senate for their concurrence, together with the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House in favour of Thomas Williams, Commissary, &c.

Received from the Senate the following message:

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 a Deputy Clerk for the purpose therein mentioned.

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

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 paper issuing from the Secretary's office, which, in all cases, shall have the same force, validity, and effect as if signed by the Secretary.

Concurred with.

-------------------- page 759 --------------------

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

We herewith return the resolve of your House impowering the Secretary to appoint a Deputy.

Concurred with.

Ordered that the following Message be sent to the Senate:

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 asmuch 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.

Resolved, that Mr. Robert Rowan be allowed the sum of twenty two pounds one shilling and four pence for conveying sundry criminals, &c., as per account filed; that the Treasurers, or either of them, pay him the same and be allowed in their accounts with the public.

Ordered that the above resolve be sent to the Senate for their concurrence, together with 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.

Received from the Senate 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 the Justices of the Peace.

At the same time received the resolve of the Senate referred to in the above Message, and the same being read was rejected.

-------------------- page 760 --------------------

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House in favour of Thomas Williams, Commissary to the 10th North Carolina Battalion.

Concurred with.

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

Endorsed in the Senate, 1 May, 1778.

Read and concurred with.

Received from the Senate the following Message:

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.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House relative to Mr. Ellis.

Concurred with.

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

Endorsed in the Senate, 1 May, 1778.

Read and concurred with.

Received from the Senate the following Message:

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 Sheppard, Esq., resigned.

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

Resolved, that Colonel Martin Armstrong be appointed one of the Contractors for the purpose of purchasing provisions in the

-------------------- page 761 --------------------
District of Salisbury, in the stead of William Sheppard, Esquire, resigned.

Concurred with.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

We herewith return the resolve of your House appointing a Contractor in the room of William Sheppard.

Concurred with.

Resolved, that Mr. Speaker issue a writ of election to the County of Craven to elect one member of this House in the room of John Tillman, Esqr., whose seat is vacated by his acceptance of the Command of the Garrison of Fort Hancock; that the said election be held on the 28th day of July next.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House in favour of Mr. Alderson Ellison.

Concurred with.

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

Endorsed in the Senate, 1 May, 1778.

Read and concurred with.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons.

We herewith return the resolve of your House in favour of Robert Rowan, Esq.

Concurred with.

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

Endorsed in the Senate, 1 May, 1778.

Read and concurred with.

-------------------- page 762 --------------------

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House in favour of Nicholas Long, Esq.

Concurred with.

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

Endorsed in the Senate, 1 May, 1778.

Read and concurred with.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We have received your Message proposing to burn a certain sum of old Proc. therein mentioned, to which we agree.

Received from the Senate the following Message:

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, &c.

Concurred with.

At the same time received the report referred to in the above Message, and the resolve of this House thereon.

Endorsed in the Senate, 1 May, 1778.

Concurred with.

The House adjourned until to-morrow morning, 6 o'clock.


Saturday, 2 May, 1778.

The House met according to adjournment.

Resolved, that Mr. Speaker issue a writ of election to the county of Bladen to elect one member of this House in the room of Thomas Amis, whose seat is vacated by his acceptance of the appointment of Contractor, &c.; that the said election be held on 25th day of May, instant.

-------------------- page 763 --------------------

Received from the Senate 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 the accounts of the Commissary of Stores.

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

Resolved, that the accounts of the Commissary of Stores be referred to and settled by the Governor and Council.

Concurred with.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

We herewith return the resolve of your House relative to the c counts of the Commissary of Stores.

Concurred with.

Received from the Senate 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 salt delivered sundry persons.

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

Resolved, that Robert King William, 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, pay to the commanding officer of the County of Wake the quantity of salt which he received from said Mr. Robert Rowan.

Concurred with.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

We herewith return the resolve of your House relative to the salt delivered sundry persons.

Concurred with.

-------------------- page 764 --------------------

Received from the Senate 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 a mare and colt in the possession of Thomas Hemphill.

At the same time received the resolve of the Senate referred to in the above Message; and the same being read was rejected.

The House adjourned till the first Monday in November next, then to meet in the town of Hillsborough.

By order: John Hunt, Clerk.