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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
August 08, 1778 - August 19, 1778
Volume 12, Pages 816-880

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HOUSE JOURNAL.


State of North Carolina.
In the House of Commons.

At a General Assembly begun and held at Hillsborough on the 8th day of August in, the year of our Lord 1778, and in the third year of the Independence of the said State.

Being the second session of this Assembly, pursuant to a proclamation issued by His Excellency, the Governor, summoning the General Assembly of the said State to meet at Hillsborough on the first Monday in August, inst., and from thence prorogued de die in diem until the 8th, inst., when the following members appeared and took their seats, (to-wit):

The Honorable Thomas Benbury, Esq., Speaker; Messrs. R. Cogdell, John Simpson, J. Williams (Caswell), John Williams (Pitt), Wm. Courtney, Wm. McCauley, Jesse Cobb, Benjamin Doty, Geo. Mitchell, Peter Mallett, Peter Farrow, Thos. Hicks, John Devane, Hardy Sanders, Adkin McLemore, J. Whitaker, Geo. Davidson, Nathan Mayo, Simon Turner, Sam'l Cain, Alex. Clark, Thos. Harvey, Willie Jones, David Wilson, Caleb Phifer, Arthur Cotton, Elisha Isaacs, Ben Cleveland, Ben Hawkins, Robert Peoples, Robert Lindsay, Matt Brooks, William Gilbert and James Williams.

The Sheriff of Edgecombe County certified that Jonas Johnston, Esp., was duly elected a member to represent the said County in the House of Commons, whereupon the said Jonas Johnston, Esq., appeared, was qualified and took his seat.

The Sheriff of Nash County certified that Thomas Hunter and Hardy Griffin, Esqs., were duly elected members to represent the said County in the House of Commons, whereupon the said Thos. Hunter and Hardy Griffin, Esqs., appeared, were qualified and took their seats.

The Sheriff of Pitt County certified that John Simpson, Esq., was duly elected a member to represent the said County in the House of Commons, whereupon the said John Simpson, Esq., appeared, was qualified and took his seat.

The Sheriff of Brunswick County certified that Lewis Dupree and William Gause, Esquires, were duly elected members to represent the said County in the House of Commons, whereupon the

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said Lewis Dupree and William Gause, Esquires, appeared, were qualified and took their seats.

The Sheriff of Bladen County certified that Benjamin Clark, Esq., was duly elected a member to represent the said County in the House of Commons, whereupon the said Benjamin Clark, Esq., appeared and was qualified and took his seat.

The Sheriff of Rowan County certified that Moses Winsley and Matthew Locke, Esquires, were duly elected members to represent the said County, and Matthew Troy, Esq., the town of Salisbury, in the House of Commons, whereupon the said Moses Winsley, Matthew Locke and Matthew Troy, Esquires, appeared, were qualified and took their seats.

Mr. William Hooper, the member for the town of Wilmington.

Mr. William Bryan, one of the members for Johnston County.

Mr. Frederick Miller, one of the members for Surry County.

Mr. Joseph Hardin, one of the members of Tryon County appeared, were qualified and took their seats.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

This House acquaint you that they are ready to proceed upon public business.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith send for your concurrence a Message addressed to His Excellency, the Governor, informing him that the General Assembly are now met and ready to proceed on public business.

At the same time received the Message above mentioned, as follows:

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

Sir:—

The General Assembly being now met, acquaint your Excellency that they are ready to take such matters into consideration as are necessary to be laid before them.

Concurred with.

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Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

This House have concurred with the Message of yours addressed to His Excellency, the Governor, and have appointed Mr. John Williams to wait on His Excellency with same, with such of your body as you may think proper to appoint for that purpose.

On motion, resolved, that the members of this present Assembly be allowed the sum of twenty shillings for each day's traveling to, attending at and returning from the present session of Assembly.

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

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a resolve of this House for ascertaining the pay of the members of the General Assembly.

The House adjourned till Monday morning 9 o'clock.


Monday, 10 Aug., 1778.

The House met according to adjournment:

Mr. Egbert Haywood, one of the members for Halifax County.

Mr. Nathan Bryan, one of the members for Craven County.

Mr. Joshua Swain, one of the members for Tyrrell County.

Mr. James Hunter, one of the members for Guilford County and Mr. Thornton Yancey, one of the members for Granville County appeared and took their seats.

The Sheriff of Orange County certified that Thomas Burke, Esq., was duly elected a member to represent the said County in the House of Commons, whereupon the said Thomas Burke, Esq., appeared, was qualified and took his seat.

Resolved, that if any member of this House shall after appearance absent himself without permissien of the House first had he shall be deemed guilty of a contempt, and shall forfeit his wages from the commencement of the session until the expiration thereof, and shall be liable at the discretion of the House to be sent for in custody and pay such cost and charges for the attendance of the Messengers as this House shall think proper.

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

To the Honorable the General Assembly of the State of North Carolina,

Gentlemen:—

In persuance of a resolve of the last Session of the General Assembly, I drew 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 in order to obtain the same in the most expeditious manner, sent Capt. Reading Blount (in whose favour the Bills were drawn) to receive the same with letters to the Honorable, the President of Congress and the Continental Treasury, requesting, in the most earnest manner, the greatest dispatch to be given him, and to remove every doubt respecting the propriety and necessity of so large a draught on the Treasury, I transmitted to Congress and the Treasury Board Copies of the act of Assembly for raising men to complete our Battalions and of the resolve impowering me to draw for that sum of money. Captain Blount proceeded directly to York Town in Pennsylvania, where the Congress then sat, and delivered his dispatches. He was detained three weeks and then dismissed with only one hundred thousand dollars with which he returned and delivered the same to me, together with the Bills I had drawn in his favour; and although I received a letter from the President of Congress, by Captain Blount, in which he says, “Capt. Blount has been long detained by the Treasury but the multiplicity of Business there, I presume has rendered an earlier dispatch impracticable,” I have no information either from Congress or the Treasury, why my draught, in behalf of the State, was not answered or what sum had been thought proper to be advanced to this State.

In this procedure of Congress and the Treasury Board, when they had every document necessary to this business before them, and when I had been assured by one of the members of the Honorable Congress that the sum of money drawn for that might be obtained within a week or ten days, at farthest, after application to find so little attention paid to this State, I confess, I feel myself much hurt, and consider it as derogatory to the dignity

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of the State as well as a manifest injury to the common Cause. To what this may be attributed, I know not, unless it be the nonattendance of the delegates, for this State, in Congress. I take the liberty of laying before you, for your better information in the premises, the bills in favour of Captain Blount, and copies of my letters with a letter from the President, acknowledging the receipt of them, and a letter I received from him by Captain Blount, the sum sent by Captain Blount not being more than sufficient to pay the bounty of one thousand volunteers, when, at the same time, Congress, in a letter, which I also received by Captain Blount, and which is likewise laid before you, called upon this State to adopt the most effectual measures for speedily reinforcing the Continental army with our quota of troops. This must be absolutely necessary that the General Assembly should be convened as speedily as possible to take this important matter into consideration.

Of the Troops raised under the late act of Assembly, many remain in this State, one Battalion only having been compleated and ordered to march under the command of Col. Hogun.

The Congress having thought proper to reduce the Continental Battalions raised in this State, and to require four Battalions to be filled up (and no more) on the new establishment in addition to those now at Camp, I have directed a Board of Officers of the line to recommend proper persons from among the officers now in the Continental service to be appointed to those Battalions, a list of whom will be laid before you.

The General Assembly, at the last appointment of delegates to represent this State in Congress, did not in the usual manner, vest them with powers to act separately, and of course the commission which I issued in consequence of the appointment, could not take in, regularly, greater powers than the Assembly had thought proper to grant. I lay before you Mr. Penn's letter, which shows the necessity of an explanation of the Assembly's intentions, with respect to the powers of the delegates, collectively and separatively. The person who brought me that letter is now waiting for an answer, in order to enable me to give him dispatch, and an early determination in this matter, is necessary.

I lay before you sundry letters and resolutiens of Congress, with other public papers and also the Journals and proceedings of the

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Council of State, to which I beg leave to refer you for further and more particlar information.

James Iredell, Esquire, one of the Judges of the Superior Courts having resigned his appointment, the Council of State thought proper to recommend Richard Henderson, Esquire, to supply his place, but as such appointment could only continue to the end of the present Session, I have not issued a commission, you will therefore, be pleased to appoint such Gentleman as you may think proper to that office. Commissions in all other cases have issued agreeable to the advice of the Council

I lay before you, a talk I received from Savanuca or the Raven of Chola, Chief of the Cherokee Indians, with my answer and a copy of a proclamation respecting the Indian Boundaries, and also letters from the Governor of Virginia, the President of South Carolina and Mr. Sharpe, one of our Commissioners, which tend to demonstrate the necessity of holding a treaty with those Indians.

I also lay before you, a letter from the Governor of Virginia complaining of the conduct of the naval officers of this State, in granting permits to vessels, to pass through the same to South Quay in Virginia, and giving clearance to them when outward bound (after clearing out in this State) and receiving fees for the same; to the end you may take such order thereon as you shall think proper.

R. Caswell.

At the same time received the several letters, papers, resolutions of Congress, &c., &c., &c., referred to in the above Message, and the same being read, were ordered to be referred to joint committees and sent to the Senate for approbation.

On motion, Resolved, that Mr. Hooper, Mr. Burke, Mr. Jones, Mr. J. Williams (Caswell), Mr. Hawkins and Mr. Johnston, be a Committee on the part of this House, to act jointly with such Gentlemen of the Senate as may be appointed to take into consideration the several letters to and from the President of the Congress and the several resolutions thereof, &c.

That Mr. Wilson, Mr. Gilbert, Mr. Courtney, Mr. Nathan Bryan and Mr. John Simpson, be a committee on the part of this House to act jointly with such Gentlemen of the Senate as may be appointed to take into consideration the several letters, papers, &c., received from His Excellency, the Governor, relative to Indian affairs.

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That Mr. Mallett, Mr. Cogdell, Mr. Burke and Mr. Hooper, be a committee on the part of this House to act jointly with such gentlemen of the Senate as may be appointed te take into consideration the letter from the Govenor of Virginia to Governor Caswell, relative to the naval officers of this State.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

Herewith you will receive a Message from His Excellency, the Governor, addressed to the General Assembly, together with the several letters, papers, resolutions of Congress, &c., &c., &c., therein referred to, which this House have had under consideration and have thought proper to refer the consideration of the several letters to and from the President of the Congress and the several resolutions thereof, the several letters, papers, &c, received from His Excellency, the Governor, relative to Indian affairs, and the letters from the Governor of Virginia to Governor Caswell, relative to the naval officers of this State, to Joint Committees of the two Houses, and have on our part appointed Mr. Hooper, Mr. Burke, Mr. Jones, Mr. J. Williams (Caswell), Mr. Hawkins and Mr. Johnston, a committee to take under consideration the several letters to and from the President of the Congress and the several resolutions thereof. Mr. Wilson, Mr. Gilbert, Mr. Courtney, Mr. Nathan Bryan and Mr. John Simpson, a committee to take under consideration the several letters, papers, &c., relative to Indian affairs. Mr. Mallett, Mr. Cogdell, Mr. Burke and Mr. Hooper, a committee to take into consideration the letters from the Governor of Virginia to Governor Caswell, relative to the naval officers of this State. You will also herewith receive the Journals and proceedings of the Council of State, which we have had under consideration.

The Sheriff of Tyrrell County certified that Mr. Benjamin Spruill, was duly elected a member to represent the said County in the House of Commons, whereupon the said Mr. Benjamin Spruill appeared, was qualified and took his seat.

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

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The House met according to adjournment.

The Sheriff of Granville certified that Thomas Person, Esq., was duly elected a member to represent the said County in the House of Commons, whereupon the said Thomas Person, Esq., appeared, was qualified and took his seat.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

This House thinking that the Committees of Claims and Accounts are at present somposed of too many members for the dispatch of business would wish to repeal the last appointment; and that a Committee of Claims be appointed to consist of two and a Committee of Accounts of one member of this House from each District, we have for that purpose on our part appointed Mr. T. Harvey, Mr. Spruill, Mr. Yancey, Mr. Courtney, Mr. Jonas Johnston, Mr. Whitaker, Mr. Mitchell, Mr. Dupree, Mr. Nathan Bryan, Mr. Simpson, Mr. Hunter and Mr. Wilson, as a Committee of Claims and Mr. Person, Mr. Locke, Mr. Hawkins, Mr. Turner, Mr. Mallett and Mr. Cobb, as a Committee of Accounts, with such gentlemen of your House as you may think proper to appoint for those purposes.

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

To the Honorable, the General Assembly,

Gentlemen:—

I send you a letter from the war office with other papers relating to Matthew Collins, a disabled soldier, which I recommend to your consideration.

R. Caswell.

At the same time received the letter and other papers referred to in the above message, and the same being read were ordered to be referred to a Joint Committee.

Resolved, that Mr. Courtney, Mr. Simpson, Mr. Hawkins, Mr. Winsley and Mr. Brooks, be a committee on the part of this House to take the said letter and papers, &c., into consideration.

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Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

Herewith you will receive a message from His Excellency, the Governor, addressed to the General Assembly, together with sundry papers therein referred to, which we propose referring to a Joint Committee, and have for that purpose on our part appointed Mr. Courtney, Mr. Simpson, Mr. Hawkins, Mr. Winsley and Mr. Brooks, a committee.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We have received your message proposing to refer the consideration of the several letters to and from the President of the Congress, and the several resolutions thereof, the several letters, papers, &c., received from His Excellency, the Governor, relative to Indian affairs, and the letter from the Governor of Virginia to Governor Caswell, relative to the naval officers of the State, to Joint Committees, and have on our part apyointed Mr. Allen Jones, Mr. Benjamin Exum and Mr. James Coor, a committee to act jointly with the gentlemen by you appointed to take into consideration the letters to and from the President of Congress and the several resolutions thereof; General Rutherford, Mr. Shepperd, Mr. Robertson and Mr. Davis, to act with the gentlemen appointed by your House to take under consideration the several letters, papers, &c., relative to Indian affairs, and Mr. Respess, Mr. Owen and Mr. Saunders, to take under consideration the letters from the Governor of Virginia to Governor Caswell, relative to the naval officers of this State.

Resolved, that the House will on Wednesday next proceed to appoint persons to investigate the public accounts of this State, &c.

Resolved, that Mr. Person, Mr. Johnston, Mr. Simpson, Mr. Locke and Mr. Jones be a Committee to examine the accounts of the paymaster General and report what monies are due from the several continental recruiting officers raised in this State.

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


Tuesday, 11 Aug., 1778.

The House met according to adjournment.

The House Adjourned till tomorrow morning 9 o'clock.

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Wednesday, 12 Aug., 1778.

The House met according to Adjournment.

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

To the Honorable the General Assembly,

Gentlemen:—

Herewith you will receive a letter addressed to me by the Honorable the President of Congress, with the minutes of Congress therein mentioned, a paper endorsed evidence and examination of witnesses relative to Mr. Burke.

A letter from Thomas Burke, Esquire, to me, dated York, April 29th, 1778, and sundry other papers on the same subject which are submitted to your consideration.

R. Cawell.

At the same time received the letter from the Honorable the President of Congress and the other papers therein referred to; and the same being read were sent to the Senate, tegether with the following Message.

Mr. Speaker and Gentlemen of the Senate:

Herewith you will receive a Message from His Excellency, the Governor, addressed to the General Assembly, together with the letter, &c., therein referred to.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We have received your Message proposing to refer a Message from His Excellency, the Governor, together with sundry other papers accompanying it to a Joint Committee, to which we agree; and have on our part appointed Mr. Harris and Mr. Davis a Committee to act with the gentlemen appointed by your House for that purpose.

Read the report of the Joint Committee of both Houses appointed to take into consideration divers letters and messages, from and to the Continental Congress, and certain other papers referred to the Assembly by His Excellency, the Governor.

Ordered that the same be recommitted and brought in tomorrow.

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Received from the Senate the following message:

Mr. Speaker and Gentlemen of the House of Commons:

Your Message, together with a Message from His Excellency, the Governor, minutes of Congress, &c., &c., therein mentioned we have received, and propose referring the consideration thereof to a Joint Committee, and have on our part appointed Mr. Jones, Mr. Coor, Mr. Davis and Mr. Rutherford a Committee to act jointly with such gentlemen as you may appoint for that purpose.

Resolved, that Mr. Hooper, Mr. Person, Mr. Jones, Mr. Simpson, Mr. Jones, Mr. Johnston and Mr. Locke, be a Committee to act with the gentlemen appointed by the Senate for the purpose aforesaid.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

This House have received your Message proposing to refer certain minutes of Congress, &c., &c., to a Joint Committee with which we concur; and have for that purpose on our part appointed Mr. Hooper, Mr. Person, Mr. Jones, Mr. Simpson, Mr. Johnston, and Mr. Locke a Committee.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

Herewith you will receive a resolve of this House for paying a sum of money into the hands of Thomas Owen, Esquire, for certain purposes therein mentioned.

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

Concurred with.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

Herewith we return the resolve of your House for paying a sum of money into the hands of Thomas Owen, Esq., for certain purposes.

Concurred with.

His Honor the Speaker laid before the House a letter from James Wallace, Quarter Master of Salisbury District.

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The same being read, was ordered to be sent to the Senate, together with the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your perusal a letter from James Wallace, Quarter Master Salisbury District.

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

To the Honorable the General Assembly:

Gentlemen:—

Herewith you will receive sundry returns made me by Colonel Chariol by which you will be informed the state of his regiment and the expenditures on account of the same. Captain De Cottineau furnished me with sundry accounts against the State for expences in erecting Fort Hancock requiring payment or some voucher to ascertain his debt as he is about to leave the Country. But the accounts being unsettled I beg leave to lay them, with the vouchers, before you for consideration.

The General Assembly in December, 1777, by resolve, directed the Treasurers to pay into my hands twenty-five thousand dollars which sum I have received and applied to the purposes intended, it therefore becomes my duty to lay a state of the same before you, which I now do for your approbation; and I have the pleasure to inform you that the several articles purchased for the State have been sent on and a great part of them delivered to the Clothier General in Pennsylvania.

I have laid before you, all public matters, proper for your consideration, that have come to my hands, and intend leaving this town tomorrow, unless the General Assembly think there is business of such importance to require a longer attendance.

R. Caswell.

At the same time received the returns of Colonel Chariol's regiment, sundry accounts of Capt. De Cottineau's and the other papers referred to in the above Message:

Ordered that the same be referred to a Joint Committee and sent to the Senate for approbation.

Resolved, that Mr. Hawkins, Mr. Williams, and Mr. Person, be a Committee on the part of this House for the before mentioned purposes.

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Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

Herewith you will receive a Message from His Excellency, the Governor, addressed to the General Assembly, together with sundry papers, &c., therein referred to which we propose referring to a Joint Committee; and have for that purpose on our part appointed Mr. Hawkins, Mr. Williams and Mr. Person.

Resolved, that Mr. Simpson, Mr. Bryan, Mr. Jones, Mr. Locke, Mr. Williams (Caswell), Mr. Courtney, Mr. Person and Mr. Hawkins, be a committee on the part of this House to act jointly with such gentleman of the Senate as may be appointed to take into consideration the returns of officers, &c., which were laid before the Assembly by His Excellency, the Governor, at the beginning of the present Session and make report thereon.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

This House have appointed Mr. Simpson, Mr. Bryan, Mr. Jones, Mr. Locke, Mr. Williams (Caswell) Mr. Courtney, Mr. Person, and Hawkins, a Committee on their part to act jointly with such gentlemen of the Senate as may be appointed to take into consideration the returns of officers, &c., which were laid before the Assembly by His Excellency, the Governor, at the beginning of the present Session.

At this critical and interesting period when the affairs of these United States, bear so promising an appearance, and with wisdom in Council and valour in the field, will in all probability issue happily, it is highly imcumbent on the good people of this State, that the representation in the Continental Congress should be large enough to secure a constant attendance of members, sufficient to co-operate with the delegates of the other States and to signify the assent of this State to such measures as Congress in its wisdom may think fit to adopt. And as from the great distance of North Carolina from the place where Congress has been heretofore held and is at present sitting, frequent journeying thither is attended with almost insupportable fatigue, or the members who have been detained there during the time of their appointment have undergone a painful separation from their families, and their private business has been totally neglected, and in some cases from

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indisposition of the members on the spot or other accidents, which whilst the Representation of this State continues so small, cannot be provided against; this State has, in some cases, been totally without a Representative, much to the prejudice of its interest and rightful importance in the Councils of America.

Resolved, therefore, that two members shall be added to the delegation of this State, who shall be and continue in office the term of one year, unless sooner removed by the Assembly of this State; of which five members, three, and no more, shall, unless prevented by unavoidable accidents, attend the Councils of Congress, and any two of them present in Congress, shall have full power and authority by their vote or assent to bind the inhabitants of this State, in all cases not inconsistent with the Constitution thereof and its rights and priveledges as an independant Sovereign People, and the instructions they shall receive from this State.

Resolved, that the delegates so attending in Congress shall, each and every of them, during their stay where the Congress shall sit, and going thither and returning from thence, receive an allowance at the rate of sixteen hundred pounds per annum for such portion of their year as they shall be so imployed in the public service, and that the said five delegates, may in such manner as shall best consist with their several and respective conveniences, settle by common consent the rotation of duty, and be at Congress or at home as they can agree, provided such regulation strictly consists with the nature and intentions of this appointment.

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 adding to the number of delegates from this State in Congress.

The House adjourned till 4 o'clock, p. m.

The House met according to adjournment.

Mr. Robert Rowan, one of the members for Cumberland county, appeared and took his seat.

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Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We have received and concurred with your Message and resolve relative to appointing two additional Delegates to represent this State in Continental Congress, and propose that the General Assembly proceed to ballot for two Gentlemen for that purpose at 5 o'clock this evening, and put in nomination the Honorable Whitmell Hill and Thomas Burke, Esquires.

Orderded that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

This House have received and considered the Message of yours proposing to ballot at 5 o'clock this evening for two additional delegates to represent this State in Congress, with which we concur, and put in nomination the Honorable Whitmell Hill and Thomas Burke, Esquires.

We have appointed Mr. Hooper and Mr. Hawkins to superintend the balloting and propose that the members of the Senate repair to and ballot in the Church.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We have received and considered your Message, together with the Message and other papers from his Excellency, the Governor, which we have referred to Col. Martin and Mr. Respess, who will act with the Gentlemen by your House appointed.

Ordered that Mr. Richard Cogdell have leave to absent himself from the service of the House for the remaining part of the Session.

Mr. Hooper and Mr. Hawkins, who were appointed on the part of this House to superintend the balloting for two additional Delegates to represent this State in Congress, reported that the two Houses of the General Assembly had agreeable to order proceeded to ballot for two additional delegates and after examining the poll find that the Honorable Whitmell Hill and Thomas Burke, Esqrs., were elected by the almost unanimous vote thereof.

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

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Resolved, that the following message be addressed to His Excellency, the Governor:

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

Sir:—

The General Assembly have made choice of Whitmell Hill and Thomas Burke, Esquires, as Delegates to represent this State, together with John Penn, Cornelius Harnett and John Williams, who have been heretofore appointed for that purpose.

We transmit your Excellency with this the resolution upon which this measure is grounded that you may proceed to carry the intentions of the Assembly into execution with as much expedition as its importance requires.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a Message addressed to His Excellency, the Governor:

Mr. Hooper moved for leave and presented a Bill to repeal part of an act entitled an act allowing salaries to the Governor, Secretary, Delegates, Treasurers and Members of the Council of State and other purposes, which he read in his place and delivered in at the table, where it was again read, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We have received your message referring the consideration of the returns of the officers, &c., which were laid before the Assembly by His Excellency, the Governor, at the beginning of the present session to a Joint Committee, and have on our part appointed Mr. Graham, Mr. Rhodes, Mr. Birdsong, Mr. Rogers, Mr. Martin and Mr. Shepperd, a committee to act with the gentlemen by you appointed for that purpose.

The several matters to this day referred, being postponed,

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

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Thursday, 13 Aug., 1778.

The House met according to adjournment.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the Senate:

This accompanies a resolve of this House which we send for your concurrence impowering the County Courts or any three Justices of any of the respective counties within this State, to cause the Colonel or Commanding officer of this County to order out a sufficient number of Militia to compel Tories or other disorderly people of their County to a due observance of the laws.

At the same time received the resolve of the Senate referred to in the above message, and the same being read was ordered to be referred to a Joint Committee.

Resolved, that Mr. Locke, Mr. Person, Mr. Hunter and Mr. Johnston, be a committee on the part of this House to take into consideration the above mentioned resolve, that they also inquire into the conduct of certain prisoners in Guilford County who have broke their parole to the Northward.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

This House have received the resolve and message of yours impowering the County Courts or any three Justices of any one of the respective counties within this State to do certain things therein mentioned, with which we cannot concur, but propose that the consideration thereof be referred to a Joint Committee; and have for that purpose on our part appointed Mr. Locke, Mr. Person, Mr. Hunter and Mr. Johnston, a committee. We also propose that they inquire into the conduct of certain prisoners of war in Guilford County who have broke their parole of honor to the Northward.

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

To the Honourable, the General Assembly,

Gentlemen:—

Herewith I lay a letter before you from Col. Thomas Whitmell, resigning his Military appointment and recommending gentlemen to be appointed field officers to the Bertie Regiment; also Colonel

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Samuel Weldon's commission, who has resigned the same, and I am informed by General Ashe that Col. William Lord, and Lieutenant Colonel Lewis Dupree have resigned their respective appointments.

You will therefore be pleased to supply those vacancies by new appointments.

R. Caswell.

At the same time received the papers, &c., referred to in the above message, which were read and ordered to be sent to the Senate, together with the following Message:

Mr. Speaker and Gentlemen of the Senate:

Herewith you will receive a message from his Excellency, the Governor, addressed to the General Assembly with the papers therein referred to.

The Bill to repeal part of an act entitled an act allowing salaries to the Governor, Secretary, Delegates, Treasurers and Members of the Council of State and other purposes, was read the second time, passed and sent to the Senate.

Mr. Stephen Miller, one of the members for Anson County, appeared and took his seat.

Mr. Ashe treasurer of the Southern District, having represented to the House that the Sheriff of Brunswick County in the year 1773 collected the public tax for that year and paid the same into his hands, and that the said tax was not collected in any other County; and further that the same Sheriff collected only four shillings as the public tax for 1774, when five shillings and four pence was collected in the other counties in this State,

Resolved, therefore, that Mr. Ashe be and he is directed to refund the tax for 1773 to the Sheriff aforesaid, retaining only one shilling and four pence in each levy for the deficiency of 1774.

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 certain purposes therein mentioned.

Mr. Isaac Sessums, one of the members for Edgecombe County, appeared and took his seat.

-------------------- page 834 --------------------

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

It having been represented to this House, that Mr. William Gilbert, in the settlement of his accounts in the Commissary Department, hath made divers erroneous charges, &c., this House have appointed Mr. Stone and Mr. Coor to act as a Committee with such of your House as you may appoint to re-examine the accounts of Mr. Gilbert, and make report, together with his conduct touching the same.

Resolved, that Mr. Locke, Mr. Johnston, Mr. Simpson, Mr. Person and Mr. Hawkins, be a Committee on the part of this House, to act jointly with the Committee appointed of the Senate for the purposes above mentioned.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

This House have received your Message appointing a Committee to re-examine the accounts of Mr. Gilbert, and have appointed Mr. Locke, Mr. Johnston, Mr. Simpson, Mr. Person, and Mr. Hawkins, a Committee who will act jointly with the gentlemen by you appointed for the purpose therein mentioned.

Mr. Hooper moved for leave and presented a Bill for levying a tax by assessment and other purposes, which he read in his place and deliverd in at the table, where it was again read, passed, and sent to the Senate.

Read the petitions of Philip Alston and John Hinton, Esquires.

Resolved, that the same be referred to a Joint Committee of both Houses; that Mr. Person, Mr. Wm. Bryan, Mr. Johnston, Mr. Whitaker and Mr. Jones be a Committee on the part of this House to take the same into consideration.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

We herewith send you the petitions of Philip Alston and John Hinton, Esquires, the consideration of which we propose referring to a Joint Committee; and have for that purpose appointed Mr. Person, Mr. Wm. Bryan, Mr. Johnston, Mr. Whitaker and Mr. Jones a Committee on our part.

-------------------- page 835 --------------------

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

With this you will receive a resolve of this House impowering Colonel Ebenezer Folsom to sell the public guns now in his hands unfit for service.

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

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 Colonel Ebenezer Folsom to sell certain guns.

Concurred with.

The House proceeded to the order of the day, whereupon resolved that Mr. Person, Mr. Jones, Mr. Hooper, Mr. Simpson and Mr. Rowan be a Committee to examine the public accounts so far as they are settled and make report thereon tomorrow.

Mr. Hooper moved for leave and presented a Bill to amend an act, passed in the last Session of this present Assembly, entitled an act to alter the terms for holding the several Superior Courts, of Law, and for better arranging the County Courts within this State, which he read in his place and delivered in at the table, where it was again read, passed, and sent to the Senate.

Mr. Hooper moved for leave, and presented a Bill to make provision for the recovery of debts due to the United States, or any of them, which he read in his place and delivered in at the table, where it was again read, passed, and sent to the Senate.

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 lowest prices at which they can be obtained, 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 purpose aforesaid; and if any person or persons having more provisions or materials for cloathing than may be necessary for their use or family consumption shall refuse to sell

-------------------- page 836 --------------------
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 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:

At the last Session of General Assembly there was a resolve passed much to the purport of the one herewith sent for your concurrence.

His Excellency, the Governor, informed one of the members of this House that it was necessary there should be some alteration made therein, in order that he may be the better able to comply with the order of the Assemby.

Mr. Charles McLean, one of the members for Burke County, appeared, was qualified and took his seat.

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 tax, for 1773, collected in Brunswick County.

Concurred with.

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

Concurred with.

Mr. Hooper, from the Joint Committee of both Houses, appointed to take into consideration divers letters and Messages, from and to the Continental Congress, and certain other papers, referred to the Assembly, by His Excellency, the Governor, beg leave to report as follows:

That this State stands indebted to sundry persons in large sums

-------------------- page 837 --------------------
of money, which debts have been principally incurred by raising a body of troops at the request of the Continental Congress to re inforce the Continental Army, and that this State has pledged the public faith for the payment of the same.

That the Treasury of this State is at this time exhausted, and that the means of obtaining a supply without a further provision by the Legislature are distant and uncertain and that therefore there is an absolute necessity to emit a sum of money equal to the pressing present exigency.

That the present depreciation of our money is in great measure owing to the quantity of counterfeit money which has been so well executed as to deceive the most skilful, and thereby has been drawn into circulation in common with the currency of the State and scarce distinguishable therefrom. That the money emitted under the authority of Congress since our war with Great Britain has been in some degree prejudiced by an invidious and injurious distinction made by the disaffected favorable to what is commonly called old money and which from their obstinate prejudices in favor of a Government their adherance to which can no longer support them and which only proves their obstinacy, and its hostility is by them preferred to the currency which has the credit of our present happy Constitution to support it.

For these reasons your committee recommend that the sum of two hundred and twenty thousand pounds be emitted in bills of credit for the payment of the debt which this State is bound in honor immediately to discharge, your committee presuming that such sum will be fully equal to that purpose. That the further sum of six hundred and thirty thousand pounds be emitted to redeem the whole of the currency which is at present circulating in the State, the committee supposing that the last named sum may be equal to the redemption as well of the monies emitted under the authority of Great Britain as of this State since the origin of that controversy which has happily terminated in our total separation from it.

That of the sum recommended to be emitted four hundred thousand pounds should be emitted in bills of five hundred dollars each, and the remaining sum of four hundred and fifty thousand pounds in bills of various denominations to answer the purpose of small demands and ready change, to which the last sum will be fully equal

-------------------- page 838 --------------------
and by restraining the emission of four hundred thousand to bills of a large denomination they will be less in circulation and the redundancy of our paper credit being less familiar and conspicuous, it will have a smaller tendency to weaken the credit of it and yet will effectually answer the purposes of men of property, and to perform the larger engagements of trade.

That the Bills emitted be struck in a printing press and not in a rolling press as impressions of the former are less capable of being emitted to produce deception than of the latter and counterfeiting will thereby be in some degree discouraged.

That the Bills emitted under the British Government and by the authority thereof shall be held irredeemable and that the credit of the State shall not be pledged for them after the first day of Jauary, 1778.

That the Bills emitted under the authority of Congress since our war with Britain shall be paid in to the public Treasury before the first day of May or be held irredeemable.

The House taking the said report into consideration,

Resolved that they do concur therewith except the seventh section which relates to the denomination of the Bills to be emitted.

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

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence the report of the Joint Committee appointed to take into consideration divers, letters and Messages from and to the Continental Congress, and certain other papers referred to the Assembly by His Excellency, the Governor.

Concurred with by this House except the seventh section.

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

The House met according to Adjournment.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We concur with the House of Commons in referaing the consideration of the behavior of the disaffected persons in the several

-------------------- page 839 --------------------
counties in this State, to a Joint Committee, and have for that purpose appointed Genl. Rutherford and Col. Martin, on the part of this House.

Mr. Speaker and Gentlemen of the House of Commons:

We have appointed Mr. Kenan, Mr. Davis and Mr. Edward Jones, to act with the gentlemen appointed by the House of Commons to take into consideration the petitions of Col. Philip Alston and John Hinton.

Mr. William McCauley has leave to absent himself from the service of the House until Monday next.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

Herewith you will receive the report of the Joint Committee on Indian affairs, which this House have considered and concurred with.

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

The Joint Committee, appointed by both Houses to take under consideration the several letters and papers received from His Excellency, the Governor, relative to the Cherokee Indians, being met, and having chosen General Rutherford, Chairman, beg leave to report as follows:

It appears to your Committee by the complaints of the said Indian that trespasses have been committed on the lands within their hunting grounds, which if not timely prevented may involve this State in a second war with the said nation, and as your Committee conceive that the most effectual method to remove the jealouses now subsisting among the said Indians, would be to pass a Law, this present Assembly, impowering the Attorney General of this State to prosecute all offenders, which may trespass or commit any depredations on the said Indians, and that no person in this State be suffered to trade or traffick with the said Indians unless they first obtain a licence for so doing from the Judges of the Superior Courts of this State, and that His Excellency, the Governor, be requested to write to Governors of the States of Virginia and South Carolina to use their influence in procuring acts, to prevent persons from their States trading with the said Indians

-------------------- page 840 --------------------
without licences from some Civil authority, which your Committee are of opinion would prevent the many abuses which at present prevail. Your Committee, also recommend it to the General Assembly as their opinion that His Excellency, the Governor, be requested to transmit the substance of such act of Assembly when passed, in a talk to be presented to the Chiefs or head men, of the middle and valley settlements, of the Cherokees, by Colonel Charles McDowell and Major Charles Robertson, in which talk His Excellency, the Governor, will be pleased to assure the Indians that this State will be ready at all times to hear their complaints, and redress their grievances, and in return expect and hope that the strictest harmony and friendship may subsist between the said Indians and the good people of this State.

Your Committee are also of opinion that the superintendant of Indian Affairs cannot render that service to this State that might be expected unless he resides in the Indian Nation.

Therefore it recommend to the General Assembly that Mr. James Robertson, the Superintendant, be directed to reside in the said Cherokee Nation during his continuance in office.

Concurred with.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

We herewith return the report of the Joint Committee on Indian Affairs.

Concurred with by this House.

Read the petition of a number of the inhabitants of Rowan County complaining of the conduct of Colonel Francis Locke.

Ordered that the said petition be referred to the Joint Committee appointed to take into consideration the petition of Philip Alston and John Hinton, Esquires.

Ordered that Mr. Winslow be added to the said Committe.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

Herewith you will receive the petition of a number of the inhabitants of Rowan County, which we propose referring to the Committee appointed to take into consideration the petitions of Philips Alston and John Hinton, Esquires, and have added Moses Winsley, Esquire, to the Committee.

-------------------- page 841 --------------------

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 His Excellency, the Governor, appointing persons to purchase cloathing.

Concurred with.

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

Concurred with.

Mr. Solomon Shepperd, one of the members for Carteret County, and Mr. Richard Clinton, one of the members for Duplin County, appeared and took their seats.

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 at 12 o'clock in the church for the place and time of holding the next Session of the General Assembly for a Judge of the Superior Court in the room of James Iredell, Esq.,resigned,for for a Judge of the Court of Admiralty for Port Bath; for two members of the Council of State, in the room of William Haywood and Richard Henderson, Esquires, who decline acting and put the towns of Halifax, Newberne, Hillsborough and Salisbury; and the first Monday in January next in nomination for the time and place for the Assembly to sit; for a Judge of the Superior Court, Richard Henderson, for a Judge of the Court of Admiralty for Port Bath, Samuel Willis; for members for Council of State, John Simpson and Frederick Jones, Esquires, and General William Bryan.

This House have appointed Mr. Coor, and Mr. Exum to superintend the balloting. Should your House accede to this measure you will signify the same by Message.

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 of yours proposing to ballot tomorrow at 12 o'clock for the place at which and the time when the next Session of Assembly shall be held; for a Judge of the Superior Court, in the room of James Iredell, Esquire, resigned; for a Judge of the Court of Admirality for Port Bath

-------------------- page 842 --------------------
for two members of the Council of State in the room of William Haywood and Richard Henderson, Esquires, with which we concur and put the towns of Halifax, New Berne, Hillsborough, and Salisbury in nomination for the place at which, and Monday, the 23rd November, the time when the next Session of Assembly shall be held; for a Judge of the Superior Court Richard Henderson, Esquire; for a Judge of the Court of Admiralty for Port Bath Samuel Willis Esquire; for members of the Council of State John Simpson and Frederick Jones, Esquires, and General William Bryan.

The House adjourned till Monday 8 o'clock.


Friday, 14 August, 1778.

The House met according to adjournment.

Received from the Senate the following message:

Mr. Speaker and Gentlemen of the House of Commons:

This accompanys a resolve of this House for rescinding a resolve passed last Session of Assembly for supplying the army with cloathing, and expect your concurrence thereto.

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

Mr. Speaker and Gentlemen of the House of Commons:

Whereas, provision hath been made in this present Session of Assembly for procuring cloathing for the Continental Soldiers raised by this State,

Resolved, that the Resolutions of the General Assembly, passed at Newberne the thirtieth of April last, for supplying the Army with cloathing, &c., be rescinded, and it is hereby rescinded accordingly.

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 rescinding a certain resolve therein mentioned.

Concurred with.

-------------------- page 843 --------------------

The Sheriff of Craven county certified that Abner Nash, Esquire, was duly elected as a member to represent the said county in the House of Commons.

Whereupon, the said Abner Nash, Esquire, appeared, was qualified, and took his seat.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons.

You will herewith receive the report of the Committee appointed to take into consideration sundry Letters and Dispatches from and to the Continental Congress, &c.

Concurred with as by your House.

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

Endorsed, read and concurred with as by the House of Commons.

The Bill, to amend an act passed in the last Session of this present Assembly entitled an act to alter the times for holding the several Superior Courts of law, and for better arranging the county Courts in this State, was read the second time, amended, passed and sent to the Senate.

The Committee appointed to take into their consideration divers letters and papers containing a charge in behalf of the Continental Congress against Thomas Burke one of the Delegates of this State, together with Mr. Burke's statement of facts and observations offered to the Assembly, in justification of himself, beg leave to report that upon an attentive and dispassionate revisal of the subject matter proposed to them, they observe with extreme concern that it originated from a circumstance so trivial in itself that nothing but the consideration, which Congress, during a debate of near fifteen days, bestowed upon it, could have swelled it into the importance which at present it assumes.

That the indignity which Mr. Burke is accused of having offered to Congress, if any indignity has been intended by him, must have been to the individuals and not Congress, as such, as the criminalty alledged is said to consist principally in Mr. Burke's having withdrawn himself and thereby broke up the Congress and prevented their proceeding in the public business.

That the expression charged by Congress to have been made use

-------------------- page 844 --------------------
of by Mr. Burke, to their Messenger, cannot be vindicated upon the strict rules of courtly manners and refined politeness, but considered as the sudden unpremiditated effusion of fatigue and indisposition made after a debate which had continued the greatest part of a day until 10 o'clock in the evening in which the passions had been much interested and agitated and both the mind and body almost exhausted, it will not justify any asperity of animadversion. Intended, as Mr. Burke alledged it was, for a private gentleman from whom he supposed the Message had been addressed to him, it was not a matter in which the honor of the public Council was concerned, but supposing the possibility of a contempt to Congress, when Congress did not exist Mr. Burke's repeated declarations that he had no such design should have removed every cause of complaint on that score.

But as the consequences which this incident led to are of a nature much more interesting than the occasion of them and require that the Assembly should immediately act upon a question of such capital magnitude.

Your committee further report that the powers assumed in the case of Mr. Burke, and maintained by Congress as their right are such as this State can never concede to them without relaxing their own Independence and giving up the exclusive control which they have over their Representatives in Congress.

That this State has a right and will be ever ready when the occasion requires it, to control, censure, punish and remove their members; and should Congress arrogate to itself these, or any part of these powers, there is no line described when and to what extent this authority might be exercised.

It may be stretched to defeat the Independence of this State, to an invasion of its internal policy and to the total destruction of its due weight in the Councils of the United States.

That altho' evils like these are not to be apprehended from the gentlemen who at present compose that respectable body, altho their wisdom and integrity guard them from every suspicion of extending their doctrines to baneful practices, yet these gentlemen share in the common frailties of nature and must quit the stage of life and their places in Congress to men who may be disposed to improve dangerous precedents to tyrannical purposes and wield a weapon which has been innocent in the hands of their predecessors to the destruction of the good people of the United States.

-------------------- page 845 --------------------

If at some future distant period a majority of Congress should be found bold and wicked enough to attempt to suppress the freedom of debate in any representative of a State who should heartily stand forth in support of the rights of his constituents and proceed even to censure and punish at their sovereign will and pleasure, the member thus in the way of the views of a combined majority may be shut out from a share in the public Councils and his Judges, who in this case would be Judges party and executioners, would be at large to do an irreparable injury to his constituents who no longer would have any share in controlling their operations.

The Assembly of this State will be ever ready to open their ears to the complaints of Congress against their members and punish their guilt, when established, with impartial severity. They are very sensible that rules of decorum may be necessary in the best regulated Assemblies. That these must be relaxed or straightened as the members who are subjected to them observe, with respect to each other, an habitual practice of good manners and reciprocal civility. That they have the fullest confidence that the members of this State will not be deficient in this respect, but will unite with their brother Delegates to strengthen that happy bond of harmony in private intercourse and in the public Councils which has advanced the affairs of America to their present prosperous situation and holds forth such a promising prospect of a happy conclusion.

William Hooper,
Chairman.

The House taking the said report into consideration,

Resolved, that they do concur 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 Committee appointed to take into consideration divers letters and papers containing a charge in behalf of the Continental Congress against Thomas Burke, Esq., one of the Delegates of this State.

Concurred with by this House.

-------------------- page 846 --------------------

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We have received your Message referring a petition of a number of the inhabitants of Rowan County to the committee appointed to take into consideration the petition of Philip Alston and John Hinton, Esquires, to which we agree; and have also referred the consideration thereof to the said committee.

Resolved, that Mr. Person and Mr. Hawkins, be appointed to superintend the balloting for the adjournment of the Assembly, a Judge of the Superior Court and for the Court of Admiralty for Port Bath, and two Councillors.

Read the petition of Mrs. Martha Gilchrist, wife of Mr. Thomas Gilchrist.

Ordered that the same be referred to a Joint Committee of both Houses. That Mr. Locke, Mr. Courtney, Mr. Nash, Mr. Hooper, Mr. Hawkins, Mr. Person, Mr. Doty, Mr. Johnston and Mr. Bryan, be a committee on the part of this House for that purpose.

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

Mr. Speaker and Gentlemen of the Senate:

Herewith you will receive the petition of Mrs. Martha Gilchrist, wife of Mr. Thomas Gilchrist, which we propose referring to a Joint Committee of both Houses, and have for that purpose on our part appointed Mr. Locke, Mr. Courtney, Mr. Nash, Mr. Hooper, Mr. Hawkins, Mr. Person, Mr. Doty, Mr. Johnston and Mr. Bryan, a committee.

Read the petition of the United Brethren, otherwise called Moravians.

Ordered that the same be referred to a Joint Committee of both Houses. That Mr. Courtney, Mr. Nash, Mr. Brooks, Mr. Hawkins, Mr. Williams (Caswell), Mr. Bryan, Mr. Sessums, Mr. Person, Mr. McLean and Mr. Whitaker, be a committee on the part of this House for that purpose.

-------------------- page 847 --------------------

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

Mr. Speaker and Gentlemen of the Senate:

Herewith you will receive the petition of the United Brethren otherwise called Moravians, which we propose referring to a Joint Committee of both Houses, and have for that purpose on our part appointed Mr. Courtney, Mr. Nash, Mr. Brooks, Mr. Hawkins, Mr. Williams (Caswell), Mr. Bryan, Mr. Sessums, Mr. Person, Mr. McLean and Mr. Whitaker, a committee.

Read the petition of a number of the people called Nicholites.

Ordered that the same be referred to the Joint Committee appointed to take into consideration the petition of the United Brethren, otherwise called Moravians.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

Herewith you will receive the petition of a number of the people called Nicholites, which we propose referring to a Joint Committee appointed to take into consideration the petition of the United Brethren or otherwise called Moravians.

On reading the petion of Jonathan Dunbibbin, Esq., and other papers relative thereto,

Resolved, that he be allowed the sum of twenty four pounds for that sum allowed him by the Congress held at Halifax, December, 1776, for which allowance he never received a warrant on the Treasury;

That the Treasurers or either of them pay him the same and be allowed, &c.

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 Jonathan Dunbibbin, Esquire.

Mr. Johnston moved for leave and presented a Bill for emitting eight hundred and fifty thousand pounds in Bills of credit for discharging the debts incurred by this State in raising men to re-inforce the battalions belonging to this State in the Continental Army, and calling in all former emissions and other purposes,

-------------------- page 848 --------------------
which he read in his place and delivered in at the table, where it was again read, passed, and sent to the Senate.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

We propose that Mr. Hooper, Mr. Johnston, Mr. Person, Mr. Nash, Mr. Hawkins, Mr. Locke and Mr. Jones, with such of the members of your House as you may think proper to appoint be a Committee to ascertain the denominations of the several Bills of credit to be emitted under the authority of an act to be passed by the present General Assembly.

The Joint Committee of both Houses appointed to examine the several papers and make an arrangement of the officers to Command the battalions to be filled up out of the new levies in this State, having met and chosen General Parsons Chairman beg leave to report as follows:

It appears to your Committee that in consequence of orders from His Excellency, the Governor, a board of Continental officers hath been held at Halifax and Moores Creek, and have recommended Field Officers, Captain and Subalterns to take the Command of four battalions to be fitted up out of the new levies raised in virture of an act of the last Assembly which arrangment and recommendation of the said board of Officers, your Committee are of opinion should take place and to which they beg leave to refer.

Your Committee further report as their opinion that the supernumerary Continental Officers remaining should be discharged reserving to such reduced officers the right of perferment according to rank whenever a vacancy may happen, and that the militia Captain commanding the new levies shall take rank and continue with their companies agreeable to law unless where such Captains may have a less number than a full Company in which case such companies to be joined to others in the same circumstances and one Captain to take Command. This arrangement to be made by the said Captains and the men under their Command without the interposition of the Continental offiers, and that it is the opinion of your Committee that the Captains of the said new raised levies after such arragements shall command the Continental Lieutenants, and have a right to sit in Court Martials on the trials of the said new raised levies.

-------------------- page 849 --------------------

Your Committee have examined the returns of the new levies now on duty from the Districts of Salisbury and Hillsborough and have received information that a number also is now collected at Halifax and in Duplin County. Upon the whole your Committee are of opinion that the new raised levies together with such Continental soldiers as are now in this State on duty are fully sufficient to compleat the four battalions to be raised agreeable to the resolve of the Continental Congress which is submitted.

Thomas Person,
Chairman.

The House taking the said report into consideration concurred therewith, except that part reserving to such reduced officers the right of preferment according to rank whenever a vacancy may happen.

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 examine the several papers and make an arrangement of the officers to command the batallions to be filled up out of the new levies, &c.

Concurred with by this House with the alterations thereunto annexed.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We have considered of your resolve for ascertainig the pay of the members of the Assembly, but cannot concur therewith, and propose that the pay of the members be fixed at four dollars per day for this Session, thinking that sum to be nearer the expence the members are at.

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 proposing that the members of this Assembly be allowed four dollars per day for their attendance on this session, with which we concur.

-------------------- page 850 --------------------

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We have received the Message of your House proposing that the petition of Mrs. Martha Gilchrist be referred to a Joint Committee to which we agree and have for that purpose on our part appointed General Rutherford, Mr. Martin, Mr. Kitchen, Mr. Edward Jones, Mr. Coor and Mr. Exum a Committee who will act jointly with the gentlemen by you nominated for that purpose.

Mr. Speaker and Gentlemen of the House of Commons:

We have received your messages, together with the petitions of the Moravians and Nicholites and have appointed General Rutherford, Mr. Battle, Colonel Martin, Mr. Joseph Jones, Mr. Stone and Mr. Coor to act with the gentlemen appointed by your House to take into consideration the said petition.

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House in favour of Jonathan Dunbibbin, Esq.

Concurred with.

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

Read and concurred with.

Mr. Speaker and Gentlemen of the House of Commons:

You will herewith receive a resolve of this House relative to Entry Takers and Sheriffs who have, agreeable to resolve of Assembly, advanced monies for the payment of the soldiers lately raised by this State.

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

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 Entry Takers and Sheriffs who have, agreeable to resolve of Assembly, advanced monies for the payment of Soldiers lately raised by this State, &c.

Concurred with.

-------------------- page 851 --------------------

Mr. Person and Mr. Hawkins, who were appointed on the part of this House to superintend the balloting for the time and the place where the next Session of the General Assembly shall be held, for a Judge of the Superior Court, and of the Court of Admiralty for Port Bath, and two Councillors in the room of William Haywood and Richard Henderson, Esquires, reported as follows:

That the next Session of General Assembly is to be held at Halifax on the first Monday in January next; that Richard Henderson, Esquire, is appointed one of the Judges of the Superior Courts; Samuel Willis, Esquire, Judge of the Court of Admiralty for Port Bath, and General William Bryan and John Simpson, Esquire, members of the Council of State, by a majority of the votes of the two Houses of Assembly.

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

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


Saturday, 15 August, 1778.

The House met according to adjournment.

Resolved, that Mr. James Green, Jr., be allowed the sum of one hundred pounds for correcting and revising the Journal of the House of Commons for May Session, 1777, he having produced a receipt from the public Printer of having received the said revised Journal; 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 in favour of Mr. James Green, Jun.

Mr. Luke Boyer, one of the members for Washington county, appeared and took his seat.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We have received your Message relative to the appointment of a Committee for ascertaining the denomination of the Bills of Credit now to be emitted, and have for that purpose appointed Mr. Speaker, Genl. Rutherford and Mr. Coor to act with the Gentlemen by you appointed.

-------------------- page 852 --------------------

Mr. Speaker and Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House relative to Mr. James Roper, Contractor for Salisbury District.

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

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 Mr. James Roper, contractor, &c.

Concurred with.

The Bill to amend and explain an act 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 first time, passed and sent to the Senate.

Mr. Hawkins, from the Joint Committee appointed to ascertain the denominations of the several Bills of Credit now to be emitted, &c., reported as follows:

That it is the opinion of the Committee that the Bills to be emitted be of the following denominations, viz:

2,500
Bills
of
100
Dollars
each
250,000
Dollars
£100,000
5,000
50
250,000
100,000
3,125
40
125,000
50,000
10,000
25
250,000
100,000
12,500
20
250,000
100,000
50,000
10
500,000
200,000
50,000
5
250,000
100,000
12,500
4
50,000
20,000
25,000
2
50,000
20,000
50,000
1
50,000
20,000
100,000
½
50,000
20,000
100,000
¼
25,000
10,000
100,000
12,500
5,000
200,000
1/16
12,500
5,000

The House taking the said Report into consideration,

Resolved, that they do concur 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 Joint Committee appointed to ascertain the denominations of the several Bills of Credit to be emitted.

Concurred with by this House.

-------------------- page 853 --------------------

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 a Contractor in Hillsboro District.

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

The Bill for emitting eight hundred and fifty thousand pounds in Bills of Credit for discharging the Debt incurred by this State in raising men to reinforce the Battalions belonging to this State, in the Continental Army, for calling in all former emissions and other purposes, was read the second time, amended, passed and sent to the Senate.

The Bill to make provision for the recovery of Debts due to the United States or any of them, was read the second time, amended, passed and sent to the Senate.

The Bill to repeal part of an act entitled an act allowing Salaries to the Governor, Secretary, Delegates, Treasurers and members of the Council of State and other purposes, was read the third time, passed and sent to the Senate.

Read the petition of Margaret Cotton, of Anson county, praying, &c. Ordered that the same be rejected.

Whereas, it hath been represented to this House that Mr. Chas Bondfield, of Edenton, who was by the General Assembly in their last Session impowered to sell the Armed Brigantine Pennsylvania Farmer, did on the thirtieth day of May last, expose to public sale the said Brigantine, which was cried out by John Blackburn on Mr. Joseph Hewes, after which Mr. Hewes denied having bid the sum at which she was cried out.

Resolved, therefore, that the said Mr. Bondfield and John Blackburn be, and they are hereby cited to attend on the General Assembly at their next Session to give further information relative thereto.

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 citing Mr. Charles Bondfield and John Blackburn to attend on the General Assembly for certain purposes therein mentioned.

-------------------- page 854 --------------------

Whereas, it is necessary that a Magazine be erected at Halifax for the preservation of the Military Stores belonging to the United States.

Resolved, that Colo. Nicholas Long and Colo. John Geddy be appointed Commissioners with power to puchase one lot in the said town or two if necessary and to contract with workmen to erect and cause to be erected a proper building for the purpose aforesaid, and that they be instructed to lay before the General Assembly at their next Session their proceedings herein, that provision may be made for defraying the expence attending the same.

We herewith return the Report of the Committee appointed to ascertain the denominations of the several Bills of Credit.

Concurred with by this House.

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House in favour of James Green, Esq.

Concurred with.

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

Endorsed.

Concurred with.

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the report of the Committee for settling the arrangement of the officers to command the Battalions belonging to this State to be filled out of the new raised levies.

Concurred with as by the House of Commons.

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

Endorsed.

Concurred with as by the House of Commons.

Mr. Speaker and Gentlemen of the House of Commons:

We herewith send for your concurrence a resolve of this House in favour of Major William Polk.

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

Mr. Speaker and Gentlemen of the House of Commons:

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

Concurred with.

-------------------- page 855 --------------------

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

Read and concurred with.

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House requiring Mr. Charles Bondfield and Mr. John Blackburn to attend the General Assembly at their next Session.

Concurred with.

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

Concurred with.

The Bill for making two Medicinal Springs in Rowan and Burke Counties and the lands adjacent thereto public property, was read the first time, passed and sent to the Senate.

Mr. Hooper moved for leave and presented a Bill to establish a Court of Chancery and Equity in the State of North Carolina 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 sent to the Senate.

Ordered that Mr, Gilbert have leave to absent himself from the presence of the House until Monday next.

The Joint Committee of both Houses appointed to re-examine the accounts formerly allowed to William Gilbert, commissary of Tryon County, having met and chosen Mr. Person, Chairman, beg leave to report as follows:

It appearing to your committee that Mr. William Gilbert, at April and May session, 1777, was allowed among other claims a charge for cash paid John Morris for three days' waggon hauling provisions amounting to three pounds, and that by the deposition of said John Morris, taken the 23 day of July, 1778, it appears that said Morris applied to Mr. Gilbert, who agreed to pay him fifteen shillings, alleging that was all the public allowed, and that Morris refused, since which on the 1st August, 1778, the said Gilbert settled with Morris as per receipt filed with your committee.

That also in a charge made and allowed Mr. Gilbert for rations furnished Captain Harding, there appears a manifest error of 2,631 rations overcharged; that Harding's receipt was given for 5,071 rations when in fact only 2440 rations were delivered, and upon

-------------------- page 856 --------------------
examination of the accounts of William Alston, former commisioner, it appears that the whole of the rations which were delivered to Captain Harding were allowed Mr. Alston at the Congress at Halifax, so that the public is injured 5,071 rations in this article of Mr. Gilbert's accounts, amounting at 10 shillings per ration to the sum of 211 pounds five shillings and ten pence.

It also appears to your committee that Mr. Gilbert as a Justice of the Peace took and subscribed the probate of an account of John Potts, for £23 for waggon hire, which certificate of the probate bears date the 25th April, 1777, and it being alleged to your committee that the said Mr. Gilbert was not then in the commission of the peace, which Mr. Gilbert admitted, and for the justification, said that he was in the commission under the former government and thought he had a right to act as such at that time.

Your committee have also examined sundry of the vouchers for rations allowed Mr. Alston, and on comparing them with the vouchers for rations allowed to Mr. Gilbert since, do find that much injury hath been done to the public, but not having time properly to investigate matters so perplexed for want of testimony, therefore recommend that a further inquiry be made into those accounts at the next Assembly, which is submitted.

Thomas Person,
Chairman.

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 Committee appointed to re-examine the accounts formerly allowed to William Gilbert, commissary of Tryon County.

Concurred with by this House.

Resolved, that William Alston, former Commissary of Tryon County, be and he is hereby cited to attend on the General Assembly at their next session to answer such matters and things as shall then be alleged against him respecting certain accounts he exhibited against and was allowed by the public.

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

-------------------- page 857 --------------------

Mr. Speaker and Gentlemen of the Senate:

Herewith you will receive for your concurrence a resolve of this House citing William Alston, Commissary, &c., to attend on the General Assembly at their next session for purposes therein mentioned.

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


Monday, 17th Aug., 1778.

The House met according to adjournment.

Mr. E. Edward Smithwick, one of the members for Martin County; Mr. Lodowick Alford, one of the members for Wake County appeared and took their seats.

Read the petition of Doct. Hugh Boyd.

Ordered that the same be referred to Mr. Courtney, Mr. Person, Mr. Locke, Mr. Jas. Williams and Mr. Troy, who are appointed a committee to take the same into consideration.

Resolved, that Matthew Brooks, Esq., have leave to resign the office of a Justice of the Peace for Surry County.

That Matthew Jones, Esq., have leave to resign the office of a Justice of the Peace in Chatham county, also his command as Second Major of said 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 permitting certain Officers therein mentioned to resign their appointments.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

This House having received the report of the Committee appointed by both Houses to take into consideration the Petition of the Moravian Brethren, have not concurred with the same, but propose in the affirmation by that People to be taken, “that they renounce any Fidelity to the present King of Great Britain, his Heirs and Successors, during their continuance and residence in this or any of the United States of America or the Dominions thereto belonging,” which mode of affirmation will be satisfactory to the conscience of that useful Society, who deserve well of this

-------------------- page 858 --------------------
Country, who are daily from their religious economy sending Missionaries to propagate the Gospel in foreign parts when they cannot continue subjects of this State.

Should this meet your approbation, a Bill will be provided for that purpose.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

This House cannot concur with yours in making any alterations in the oath of affirmation to be taken by the Moravians, as they think that all people living in or inhabiting this State should acknowledge their Fidelity to the same by taking the same oath or affirmation; and therefore have determined not to admit any Bill for making any alternations as recommended by you.

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 Mr. James Williams, together with the report of the gentlemen appointed last session of Assembly to examine and make report of the damages sustained by Mr. Williams in certain lots, houses, &c., in the town of Halifax.

At the same time received the resolve of the Senate and report referred to in the above Message, and the same being read was 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 in favour of Mr. James Williams, and the report of the gentlemen appointed last session of Assembly to examine and make report of the damages sustained by Mr. Williams, in certain lots, houses, &c., in the town of Halifax.

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 Doct. Lancelot Johnston Surgeon to the new levies of

-------------------- page 859 --------------------
Salisbury and Hillsborough Districts during their continuance in this State.

At the same time received the resolve of the Senate referred to in the above Message, and the same being read was 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 Surgeon to the new raised levies in the Districts of Salisbury and Hillsboro.

Concurred with.

Whereas, much perplexity has arisen in the Assembly from the application of divers persons soliciting promotion in the Militia and praying the removal of officers in commission upon a suggestion of misbehavior, and as the Assembly cannot be so well informed of the merits of the candidates and the true charactor of those who are complained of, as the inhabitants of the respective counties where such persons reside.

Resolved, therefore, that when any complaint shall be made against any officer of the Militia, the Commanding officer if the complaint be not against himself, if so the next officer in command, shall cause a Court Martial which shall consist of one or more of the field officers and at least the majority of the Captains of the Regiments who shall hear the charges and allegations made against any officers or officer, provided, such allegation shall be made upon oath and a notice of ten days at least given to the party complained against, and the President shall certify the proceedings had upon the several Court Martials to the next Assembly for this State, and shall name the person or persons who shall in the opinion of the Court Martial be best qualified to be promoted to any vacancy occasioned by the sentence of such Court Martials if approved of by the 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 the several Court Martials in this State, where any vacancy may happen, &c., to recommend some person to fill such vacancy.

-------------------- page 860 --------------------

Resolved, that John Atkinson, Esq., Entry Taker for Caswell County, pay the public money in his hands to Mr. Thomas Harvey, whose receipt shall indemnify him against the public; And that Thomas Harvey account with the Northern Treasurer for the same.

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 Atkinson to pay into the hands of Mr. Thomas Harvey the public money in his hands, &c.

The Joint Committee appointed to take under consideration the petition of Philip Alston, Lieutenant Colonel of Cumberland County.

The petition of Colonel John Hinton of Wake County; and the petitions of sundry persons in Rowan County, relative to the conduct of Colonel Francis Locke and others, met and elected Willie Jones, Chairman, and proceeded to business.

Upon Considering the petition of Mr. Alston it appeared to your Committee that David Smith, Esq., late Colonel of Cumberland County, resigned his office, previous to the late Session of the General Assembly at New Berne; that Mr. Alston, the petitioner, was then Lieutenan Colonel by the General Assembly at the Session held at New Bern as aforesaid, appointed to fill the office which had become vacant by the resignation of the said David Smith:

In consequence of which proceeding it is suggested by the petitioner that he is injured, for that in right of his office as Lieutenant Colonel he ought to have succeeded to the office of Colonel. Your Committee are of opinion that the petitioner would not claim the office of Colonel as matter of right; for that the General Assembly have a right to appoint whom they please to fill vacancies occasioned by the death, resignation or removal of Field Officers of the militia, however as Colonel Robert Rowan declared in Committee that he resigned his Commission as Colonel of Cumberland County, your Committee beg leave to recommend the petitioner to that office unless sufficient cause to the contrary shall be shown to the General Assembly by the representatives from the said County of Cumberland.

-------------------- page 861 --------------------

Your Committee proceeded, in the next place, to consider the petition of John Hinton, Esq., so hereby it is suggested that he the said Hinton was precluded from the appointment of Colonel of Wake County in General Assembly (his present commission being granted by the Governor, subject to the determination of the Assembly) by means of Michael Rogers, Esq., insinuating that he, John Hinton, had embezzled and converted to his own use sundry fines on delinquents received in virtue of his office of Colonel. Upon examination of the matter it appeared to your Committee there was some foundation for the charge against Mr. Hinton but as he declared before the Committee that he waived all pretentions to the office of Colonel your Committee did not proceed to a full investigation of the affairs. And as both Mr. Hinton and Mr. Rogers joined in nominating John Hinton, Jr., Esq., to fill the office of Colonel of Wake County, your Committee beg leave to recommend that he be appointed accordingly.

Your Committee proceeded further to consider the petitions of sundry persons in Rowan County against Francis Locke, Esq., Colonel of the County and others, for misconduct in office, when upon examination of witnesses it appeared to your Committee that the said Francis Locke, by the advice of General Rutherford and the Field Officers and Captains in the County aforesaid, directed private places for that purpose of balloting, instead of one General Muster as the Law requires, but his conduct did not arise, as your Committee apprehends, from any evil intention, but rather from an inclination to consult the ease of the people of Rowan inasmuch the said County is very large, the militia numerous, and a General Muster had been called immediately before he was informed of the Law, so that to have called them again at such a busy season of the year, would have been extremely distressing. With regard to this part of the Colonel's conduct it appears that he did wrong with a good intention.

It further appears to your Committee that Captain Jacob Aykler's company met by order of the Captain, for the purpose of balloting, and desired him to hold the poll and return the proceedings to Colonel Locke, who also refused to receive the return for informality, as it ought to have been returned by the Captain, and ordered the company to ballot anew, and attended in person at this second balloting, and when the ballotting was near half

-------------------- page 862 --------------------
through, recommended to the persons who had been voted in, in the former election, to turn out as volunteers and they turned out occordingly, but your Committee are now of opinion that this circumstance supports the charge against Colonel Locke of having squandered the public money, for they conceive it was the wish of the Legislature to have volunteers, and that every man was at liberty to declare himself a volunteer, and entitle himself to the bounty of one hundred dollars at any time before the balloting was accomplished.

The Conduct of Colonel Locke, as it relates to Captain Johnstons company, which is made another charge against him, appears as follows:

That Captain Johnston was appointed by the Court of Rowan County, to administer the oath of allegiance to the people in his District; that he, said Johnston, appointed and advertised a time and place for administering the oath and the people attended; but when the oath was read and proposed to them, one of the company huzzaed for King George, and called aloud to the rest to follow him, whereupon about one hundred of the company, in a riotous turbulent manner withdrew, and would by no means take the oath at the time, neither would they take the oath when tendered to them by Captain Johnston at a subsequent day. Some time after this Captain Johnston called his company together for the purpose of raising its quota of men by Law required; but knowing that the majority of them were tories (which also appeared clearly to your Committee) he apprehended that they had combined to ballot in every officer in the company, and indeed every person who had been active in defending the liberties of his Country. Capt. Johnston refused to hold the poll, but made several fair and equitable proposals, to this effect: that if the Tory Division would send their propotion of men, he himself would turn out a volunteer and undertake to procure the remainder from among the Whiggs; but they refused to agree to this, and proceeded to ballot, and appointed one James Forbes to superintend, when they voted in as Captain Johnston had suspected every officer in the Company, and every man who had asserted the liberty of his Country as far as the number (17) would admit: But Colonel Locke refused to receive this return also for informality.

-------------------- page 863 --------------------

After this, various steps were taken to obtain the quota of men from the said company ineffectually, until at length Colonel Locke ordered a muster to be held on the 29th day of June, when he attended in person, and Lieutenant Chapman in the absence of Captain Johnston, who was then gone to the northward, held the poll, and under the eye of Colonel Locke refused to permit a member of the Company to ballot. When the balloting was concluded, it appeared that the persons voted in were all taken from that body of the company which had been refused the liberty of balloting. Your Committee are of opinion that the said balloting was irregular and illegal and is utterly void, and therefore that the men so balloted ought to be immediatly discharged. Your Committee beg leave to observe upon the conduct of Colonel Locke, Captain Johnston and Lieutenant Chapman, with respect to this company, that they took every possible step to obtain its quota of men, by drawing them as well from the Whiggs as from the Tories; but this being impracticable that resentment which must naturally arise in their breasts when they found that those men who had resigned everything in defence of the Country were subject to the arbitrary determination of its inveterate enemies, hurried them into irregularities which cannot be justified, but for which, your Committee conceives the peculiar circumstances of the situation are almost a sufficient apology.

In order to prevent future complaints from the said company and to obtain its proper quota of men, your Committee are of opinion that it be recommended to Colonel Locke to divide Capt. Johnston's company into two companies and appoint another Captain and other proper officers protempore, and then direct them to ballot as the Law requires.

Your Committee observe that Andrew Hunt, Esq., is charged with having given Judgment against the Petitioners not warranted by Law and from the state of the case, we believe the charge to be true, but it does not belong to us to determine in this matter; the Petitioners must seek redress in the proper Courts for that purpose appointed.

Willie Jones, Chairman.
-------------------- page 864 --------------------

The House taking the said report into consideration, concurred therewith, and ordered that the same 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 take under consideration the Petition of Phillip Alston, Lieutenant Colo. of Cumberland county and the Petition of Colo. John Hinton of Wake county, and the Petition of a number of inhabitants of Rowan county, relative to the conduct of Col. Francis Locke and others.

Concurred with by this House.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

Herewith you will receive the resolve of your House citing William Alston, former commissary of Tryon county, to attend the next General Assembly.

Concurred with.

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

Concurred with.

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the report of the Committee appointed for re-examining the accounts of William Gilbert.

Concurred with.

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

Concurred with.

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House relative to Messrs. Brooks and Jones resigning their appointments as Justice of the Peace, and concur therewith.

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

Concurred with.

-------------------- page 865 --------------------

Resolved, that the House Resolve itself into a Committee of the whole to take into consideration the amendments necessary to be made in the Bill for emitting eight hundred and fifty thousand pounds, &c.

The House Resolved itself into a committee of the whole accordingly, and chose John Simpson, Esq., Chairman, and after some time spent therein, Mr. Speaker resumed the Chair and Mr. Chairman Reported that the committee had come to several resolutions on the matters referred to them, but not having time to reduce them to form, desired leave to sit again in the afternoon.

Resolved, that the said committee have leave to sit again in the afternoon.

Mr. Robert Peoples has leave to absent himself from the service of the House during the remaining part of the session.

The House adjourned until 4 oclock P. M.

The House met according to adjournment.

The order of the afternoon being called for, the House Resolved itself into a committee of the whole to take into their further consideration, the amendments necessary to be made in the Bill for emiting eight hundred and fifty thousand pounds, &c.

John Simpson, Esquire, in the Chair, and after some time spent therein, Mr. Speaker resumed the Chair and Mr. Chairman reported that the committee had come to several resolutions on the matter referred to them, which he was ready to report to the House.

Ordered that the said report lie over until tomorrow.

The Bill to make provision for the recovery of Debts due to the United States or any of them was read the third time, passed and sent to the Senate.

The bill to amend an act passed in the last Session of this present Assembly entitled an act to alter the times for holding the several Superior Courts of Law and for better arranging the County Courts within this State, was read the third time, passed and sent to the Senate.

Received from the Senate the following message:

Mr. Speaker and Gentlemen of the House of Commons:

You will herewith receive a resolve of this House relative to

-------------------- page 866 --------------------
Officers or Militia and Contractors who have borrowed money or advanced monies for the use of this State.

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 until to-morrow morning, 9 o'clock.


Tuesday, 18th August, 1778.

The House met according to adjournment.

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 advancing a sum of money to Dr. Lancelot Johnston, to be applied as therein directed.

At the same time received the resolve of the Senate, referred to in the above message, and the same being read was 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 in favour of Dr. Lancelot Johnston.

Concurred with.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

We have rec'd and read the report of the committee appointed to take under consideration the petition of Lieutenant Colonel Alston and sundry other petitioners, and concur therewith except that clause of the report which recommends a division of Captain Johnston's Company.

Should your House consent to dele that clause, the Senate will then concur with the report.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

This House concur with yours in the proposed alterations in the report of the committee appointed to take under consideration the petition of Lieutenant Col. Alston, &c.

-------------------- page 867 --------------------

The Bill for the more effectually collecting the public taxes, 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:

You will herewith receive the resolve of your House requiring Mr. John Atkinson to pay the public money in his hands to Mr. Thomas Harvey, in behalf of the Northern Treasurer.

Concurred with by this House.

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

Concurred with.

Mr. Speaker and Gentlemen of the House of Commons:

Herewith you will receive a resolve of this House in favour of the contractor for the Troops in Salisbury District.

At the same time received the resolve of the Senate referred to in the above Message, the same being read was 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 in favour of the contractor for the Troops in Salisbury District.

Concurred with.

The Bill for making two Medicinal Springs in Rowan and Burke Countys and the lands adjacent thereto public property, 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 Court Martials in this State to recommend some person to fill any vacancy in the Militia which may happen.

Concurred with.

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

Concurred with.

-------------------- page 868 --------------------

Mr. Speaker and Gentlemen of the House of Commons:

Herewith you will receive a resolve of this House, ordering the public printer to print the resolves of the Assembly.

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

Mr. Hooper moved for leave and presented a Bill to prevent trading with the Cherokee Indians without license first had and obtained, and also to prevent trespassing upon the Indian hunting grounds, which he read in his place and delivered in at the table, where it was again read, passed and sent to the Senate.

Mr. Simpson from the Committee of the Whole House reported the amendments necessary to be made in the Bill for emitting eight hundred and fifty thousand pounds, &c., which were read and ordered to be made in the said Bill, the same being done, the Bill was read the third time, amended, passed and sent to the Senate.

Resolved, that Balaam Thompson pay into the public Treasury of this State the sum of five hundred pounds which he received for a certain tract of land sold the commissioners of the Iron Works in Chatham County.

In consideration whereof the public relinquishes all and every claim and title to the same that was ever conveyed or made them by the said Thompson.

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 Balaam Thompson.

The Bill to amend and explain an act for establishing offices for receiving entries of claims for lands in the several counties within this State, for ascertaining the method of abtaining title to the same, and for other purposes therein mentioned, was read the second time and rejected.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

This accompanies a resolve of this House in favour of Thomas

-------------------- page 869 --------------------
Gilchrist, for your approbation, also the report of the committee on the petition of Mrs. Martha Gilchrist.

Concurred with by this House.

At the same time received the resolve of the Senate and report of the committee referred to in the above Message, and the same being read, was concurred with.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

This House have received the resolve of yours in favour of Mr. Thomas Gilchrist, also the petition of Mrs. Martha Gilchrist, both of which we concur with.

On motion, resolved, that Mr. Speaker issue a writ of election to the County of Pitt to elect one member of this House in the room of John Simpson, Esq., whose seat is vacated by his acceptance of the appointment of a Councillor.

Also to the County of Orange to elect one member of this House in the room of Thomas Burke, Esq., whose seat is vacated by his acceptance of the appointment of a Delegate to represent this State in Congress, also to the County of New Hanover to elect one member of this House in the room of Timothy Bloodworth, Esq., whose seat was vacated the last session of Assembly by his acceptance of the entry taker's office for said County.

That the said elections be held on the first Monday and Tuesday in October next except for the County of Pitt, in which the said election shall be held on the fourth Friday and Saturday in October next.

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

The House met according to adjournment.

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 Balaam Thompson to pay a certain sum of money into the Treasury, &c.

Concurred with.

-------------------- page 870 --------------------

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

Concurred with.

Resolved, that Mr. Speaker issue a writ of election to the County of Washington to elect one member of this House in the room of William Cocke, Esq., whose seat was vacated the last session of Assembly by his being considered Clerk of the Court of said County. That the said election be held on the 25th and 26th days of November next.

The Bill to prevent trading with the Cherokee Indians without license first had and obtained, and also to prevent tresspasses upon the Indian hunting grounds and for other purposes therein mentioned, was read the second time, amended, passed, and sent to the Senate.

Resolved that Matthew Collins a disabled soldier be allowed twenty pounds as a recompence for his past services; 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 in favour of Matthew Collins a disabled soldier.

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 promoting the recruiting service.

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

And the same being read was 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 promoting the recruiting service.

Concurred with.

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

-------------------- page 871 --------------------

And the same being read was 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 promoting the recruiting service.

Concurred with.

Received from the Senate the following Message:

Mr. Speaker and gentlemen of the House of Commons:

This House have directed the Clerk to make out the estimate tomorrow inclusive, it being determined to rise then.

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 acquainting them that your estimate is to be made out tomorrow inclusive and have directed their Clerk to make out the estimate of allowances to the members of this House, &c., to include tomorrow.

The Bill to prevent trading with the Cherokee Indians without licence first had and obtained, and also to prevent the tresspasses upon the Indian hunting grounds, was read the third time, amended, passed and sent to the Senate.

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 Quakers, &c.

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

Read and 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 Quakers, &c.

Concurred with.

-------------------- page 872 --------------------

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 Matthew Collins.

Concurred with.

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

Concurred with.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

On readihg the Bill for emitting eight hundred and fifty thousand pounds, &c., &c. for the third and last time, we propose the following amendments to-wit, in the second page to settling the sixteenths of dollars as they stood when the Bill went last from this House.

That four dollars per thousand be allowed the signers instead of three dollars and that the following clause be added to the Bill.

“And be it further enacted by the authority aforesaid that the public Treasurers of this State or either of them shall and they are hereby directed to attend at the place when the aforesaid money shall be struck to receive the same from the signers.”

Should your House agree to these amendments you will send two of your House to see the same made.

A motion was made and seconded for concurring with the Senate in the amendments proposed to be made in the Bill for emitting eight hundred and fifty thousand pounds in the foregoing Message.

Mr. Person objected to the alteration of four dollars per thonsand to be allowed the signers of the Bills, &c., urging that three dollars was an allowance adequate to such service. After some time the question was put and carried in the affirmative 29 to 27.

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

Yeas, Messrs. Johnston, F. Miller, Doty, Mitchel, Hunter, Griffin, Dupree, Sanders, McLemore, Whitaker, Jones, Bryan, Troy, Winsely, Wilson, Locke, Phifer, Cleveland, Hooper, Gilbert, Hardin, Bryan, Swain, Spruill, McLean, Nash, Shepperd, Smithwick and Alford.

-------------------- page 873 --------------------

Nays, Messrs. James Williams, Courtney, McCauley, Mallett, Farrow, Hicks, Devane, Gauge, Mayo, Turner, Cain, Clark, B. Clark, Cotton, Isaacs, Hawkins, Lindsay, Brooks, Haywood, Person, Hunter, Yancey, Rowan, Sessums, Miller, Clinton and Boyer.

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 amendments in the Bill for emitting eight hundred and fifty thousand pounds, &c. and cannot concur with you in settling the sixteenths of dollars in the second page; but agree that the signers be allowed four dollars per thousand for signing the Bills instead of three as the Bill went from this House.

We think that the clause you propose to be added is essentially necessary and readily agree to adopt that amendment.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

This House cannot recede from their proposed amendment relative to 200,000 1-16ths as they are satisfied that their utility in trade and commerce must far out balance the inconvenience and expence that may attend the emitting of them.

Resolved, that this House do accede to the amendments proposed by the Senate in the foregoing Message:

As it has been made evident this House from divers circumstance, which could not be foreseen at the time of passing a resolve to raise a French regiment under the Command of Colonel Chariol that the good intentions of the Colonel and the officers under his command cannot be carried into execution, as a sufficient number of privates of the French Nation can not be obtained to compleat the said regiment within this State or the vicinity thereof, resolved, therefore, that as this State cannot avail themselves of the good intentions of Colonel Chariol and his wishes to contribute his best endeavors to aid America in her contest with Great Britain occasioned by circumstances out of his power to command that this State have no further occasion for the services of Colonel Chariol or his officers, and that the privates who have been enlisted into the said regiment should be discharged and that the Colonel and the other officers be requested to settle the accounts of the Regiment

-------------------- page 874 --------------------
with the Governor and Council, and that Colonel Chariol, his officers and men may be assured that if this State at a future day shall have an opportunity to call them into the service under more favorable circumstances that they will with pleasure embrace it.

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 Colonel Chariol's regiment, &c:

Resolved, that the Governor and Council be authorized and impowered to settle the accounts of Capt. De Cottineau and of Colonel Chariol of 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 the Governor and Council to settle the accounts of Capt. De Cottineau and Colonel Chariol, &c.

Whereas it hath been represented to this House that Farquard Campbell and others who were sent from this State to the Northward as prisoners of War have broke their parole and returned from thence to this State:

Resolved, that His Excellency, the Governor, and Council be impowered and required to call all such persons before them, examine into the circumstances and send them to the Northward if guilty of having broke their parole.

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 Farquard Campbell and others who have broke their parole, &c.

The House adjourned til tomorrow morning, 5 o'clock.

-------------------- page 875 --------------------


Wednesday, 19 Aug., 1778.

The House met according to adjournment.

Whereas, there is a number of persons appointed to the Commission of Justice of the peace in the several Counties within this State who have refused or neglected to qualify,

Resolved, therefore, that the said persons nominated, who have not qualified as aforesaid, that they qualify before the next session of General Assembly, otherwise to be left out of the said Commission.

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 Justices who refuse qualifying to their several appointments.

Whereas, Holgan, a paper maker in the county of Orange, encouraged by the premium offered for making paper in this State, did erect a mill for that purpose, but through want of water has not been able to make the quantity required to enable him to obtain the premium,

Resolved, that the said John Holgan, be allowed until the 1st day of February to compleat the quantity of paper necessary to entitle him to the premium aforementioned.

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 in favour of John Holgan, paper maker.

Whereas, there are so few persons in Wilkes, Burke, Washington and Surry counties, who have obtained titles to their Lands that Legal Juries cannot be obtained,

Resolved, therefore, that respectable householders in the aforesaid counties be and are hereby to be held capable of acting as Jurymen upon all occasions within their respective counties.

-------------------- page 876 --------------------

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 respecting the appointment of Jurymen in certain counties therein mentioned.

Resolved, that the Commanding Officer of the Continental troops in this State be impowered to draw on the public Treasurers or either of them for a sum of money not exceeding five thousand pounds, in order to pay the bounty to Soldiers who shall enlist into the service agreeable to the resolution of the present Session of Assembly, first giving bond and security to his Excellency, the Governor, in ten thousand pounds, faithfully to apply and account for the same with the General Assembly at the next Session.

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 Commanding Officer of Continental Troops to draw on the Treasury for a sum therein mentioned.

Resolved, that John Hunt be allowed two hundred pounds to enable him to proceed on digesting the public accounts, the said Hunt to be accountable for the same.

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence, a resolve of this House in favour of John Hunt.

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 Maj. James Smith to pay a certain sum therein mentioned into the public Treasury.

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

-------------------- page 877 --------------------

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 Major James Smith to pay a certain sum therein mentioned into the public Treasury.

Concurred with.

Received from the Senate the following Message:

Mr. Speaker and gentlemen of the House of Commons:

Herewith you will receive a resolve of this House relative to disorderly people in several of the counties within this State.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith send for your concurrence, a resolve of this House in favour of Mr. William Murphy.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House for advancing a sum of money to Mr. John Hunt, for the purpose therein mentioned.

Concurred with.

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

Concurred with.

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House relative to Farquard Campbell, &c.

Concurred with.

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

Concurred with.

-------------------- page 878 --------------------

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House impowering the householders of certain counties to act as Jurors.

Concurred with.

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

Concurred with.

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House impowering the Governor, &c., to settle the accounts of Capt. De Cottineau and Colo. Chariol.

Concurred with.

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

Concurred with.

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House impowering the Commanding Officer of the Continental Troops to draw on the Treasury for a sum therein mentioned.

Concurred with.

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

Concurred with.

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the resolve of your House in favour

[Here the MSS. Record abruptly breaks off and is lost.—W. C.

-------------------- page 879 --------------------

The names of the members and the time of their appearing

August 3, 1778;
Richard Cogdell,
John Simpson,
Jonas Johnston,
John Williams (Caswell),
John Williams (Pitt),
William Courtney,
William McCauley,
Jesse Cobb,
Frederick Miller,
Benejah Doty,
George Mitchel,
Peter Mallett.
4th.
Peter Farrow,
Thomas Hunter,
Hardy Griffin,
Thomas Hicks,
John Devane,
Lewis Dupree,
William Gause.
5th.
Hardy Saunders,
Adkin McLemore,
John Whitaker,
George Davidson,
Nathan Mayo,
Simon Turner,
Hon. Thos. Benbury, Esq., Spr.,
Samuel Cain.
Alexander Clark,
James Williams,
Benjamin Clark.
6th.
Thomas Harvey,
Willie Jones,
Thomas Burke,
Wm. Bryan,
Matthew Troy,
Moses Winsley,
David Wilson,
Matthew Locke,
Caleb Phifer.
7th.
Arthur Cotton,
Elisha Isaacs,
Ben Cleveland,
Ben Hawkins,
Robert Peoples.
8th.
William Hooper,
Robert Lindsey,
William Gilbert,
Matthew Brooks,
Joseph Hardin.
9th.
Egbert Haywood,
Nathan Bryan.
10th.
Joshua Swain,
Benjamin Spruill,
Thomas Person,
Thornton Yancey,
James Hunter.
-------------------- page 880 --------------------
12th.
Robert Rowan,
Isaacs Sessums.
13th.
Charles McLean,
Stephen Miller,
Solomon Sheppard,
Richard Clinton,
Abner Nash.
14th.
Luke Boyer.
16th.
Edward Smithwick,
Lodwick Alford.