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Minutes of the North Carolina Senate
North Carolina. General Assembly
January 19, 1779 - February 13, 1779
Volume 13, Pages 532-624

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1779.
———
SENATE JOURNAL.


19 January, 1779.

When the Following Members Appeared.

James Coor,
Wm. Thompson,
Elisha Battle,
Henry Rhodes,
Robert Harris,
Mr. Speaker,
Edwd. Jones,
Thos. Respass,
Kenneth McKenzie,
James Kenan,
Ben Exum,
Alexius Mason Forster,
Jeremiah Frazier,
Chas. Robeson,
John Brown,
Alex Martin,
John Ashe,
Robert Sumner,
Wm. Russell,
Wm. Grahan,
Thomas Owen,
Nathan Boddie,
Thomas Harvey,
Ebenezer Folsom,
Michael Rogers,
John Kinchen,
Robert Salter,
Robert Irwin,
William Shepherd,
John Birdsong,
Luke Sumner,
John Chiles.


State of North Carolina,
In the Senate, 19th January, 1779.

At a General Assembly begun and held at Halifax, on the nineteenth day of January, in the year of our Lord 1779, and in the third year of the Independence of the said State, being the third Session of this Assembly.

In pursuance of an adjournment of the last Session of Assembly for meeting at Halifax on the first Monday in January, Instant, & thence prorogued by His Excellency the Governor de die in diem until the nineteenth Instant, the following Members appeared & took their Seats, viz:

The Honorable Allen Jones, Esq., Spearker;

-------------------- page 533 --------------------

Messrs. Oroondates Davis, James Coor, Zedekiah Stone, William Thompson, Elisha Battle, Henry Rhodes, Robert Harris, Edward Jones, Thomas Respass, James Kenan, Benjamin Exum, Alexius Mason Foster, Jeremiah Frazier, Charles Roberson, John Brown, Alexander Martin, Robert Sumner, William Russell, William Graham and John Ashe, Junr.

The returning Officer for the County of Martin certifies that Mr. Kenneth McKenzie was duly Elected a member to represent said County in Senate, Whereupon the said Kenneth McKensie appeared, qualified agreeable to law and took his Seat.

Ordered that the following Message be put to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House being now formed acquaint you that they are ready to proceed on public business.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

This house have received the Message of yours informing them that you are ready to proceed on public Business, And in Answer thereto, we inform you that this House is also formed and ready to proceed upon Business.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Message addressed to His Excellency the Governor, also the following Message directed to His Excellency the Governor,

which being read was Concurred with.

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

Sir:—The two Houses of the General Assembly being now formed, acquaint your Excellency that they are ready to take under Consideration the Journal & proceedings of the Council of State & such public Dispatches as you have to lay before them.

Ordered that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

You will with this receive the Message addressed to to his Excellency the Governor, concurred with by this House.

-------------------- page 534 --------------------

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Mr. Courtney, Mr. Hawkins, Mr. Bryan, Mr. Bloodworth, Mr. Hunter & Mr. Wilson, as a Committee of Public Claims. Mr. Locke, Mr. Person, Mr. Whitaker, Mr. Harvey, Mr. Easton & Mr. Mitchell, as a Committee of Public Accounts, who will act jointly with such Gentlemen of your House as you may think proper to appoint for the purpose aforesaid.

Ordered that the following Message be put to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have received the Message of yours appointing Committees of Accounts & Claims & have on their part appointed Messrs. Coor, Kenan & Forster, a Committee of Accounts, & Messrs. Exum, Jones & Rhodes, a Committee of Public Claims, who will act in Conjunction with the Gentlemen by you appointed for those purposes.

Committee to prepare & bring in a Bill for levying a Tax by General Assessment.

On motion Ordered that Mr. Coor, Mr. Martin & Mr. Battle, be appointed as a Committee to act with such Gentlemen as are appointed by the House of Commons to prepare & bring in a Bill for Levying a tax by General Assessment.

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

Mr. Speaker & Gentlemen of the House of Commons:

This House have appointed Mr. Martin, Mr. Coor & Mr. Battle, to act in Conjunction with such of your Body as you may appoint for that purpose to prepare & bring in a Bill for levying a Tax by General Assessment.

The House adjourned till tomorrow Morning 9 o'clock.

———
-------------------- page 535 --------------------

Wednesday, 20th January, 1779.

The House met according to adjournment.

Mr. Thomas Owen, the member for Bladen county, & Mr. Nathan Boddie, the member for Nash county, appeared & took their Seats.

The returning Officer for the County of Perquimans Certified that Mr. Thomas Harvey was duly Elected a Member to represent said County in Senate, whereupon the said Thomas Harvey appeared, qualified agreeable to Law & took his Seat.

Received from the Commons A Bill to regulate and Establish a Militia in this State, which was read the first time, passed and Ordered to be sent to the Commons.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Mr. Jones, Mr. Johnston, Mr. Williams, Mr. Hooper, Mr. Hewes, Mr. Nash & Mr. Clinton, as a Committee on their part to act jointly with such Gentlemen of the Senate as may be appointed to take into Consideration the Petition of Samuel Marshall and Thomas Barker, Esquires. For your further Information we herewith send the said Petition.

At the same time received the Petition therein referred to & the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your perusal sundry papers, &c., relative to the case of John London parolled to the Town of Wilmington, which we propose referring to the Committee appointed to take under Consideration the petition of Samuel Marshall & Thomas Barker, Esqrs. Also the papers relative to the said London Referred to the above Message, which being read Ordered that the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We have received your Messages referring sundry Petitions of Messrs. London, Marshall, Barker, &c., to a joint Committee, and cannot concur therewith but have appointed Colo. Martin, Colo.

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Thompson, Colo. Rhodes & Mr. Ashe, to act with such Gentlemen as you may think proper to appoint as as Committee to receive and Consider of the Petition of Robert Hogg of the above and all other Petitions as shall be presented by such persons (praying to be admitted Citizens of the State) during the Session, who are to report specially on the same.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of the House for appointing a Chaplain to the General Assembly. Also the Resolve therein referred to which being read was concurred with.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Resolve of your House appointing a Chaplain to the General Assembly. Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House appointing a Committee to act jointly with a Committee of the Senate for purposes therein mentioned.

Also the Resolve therein referred to, which being read was Concurred with, & ordered that the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Resolve of your House for appointing a Committee to prepare & bring in such Bills as are necessary to be passed, & have on our part appointed Colo. Martin, Mr. Coor & Mr. Battle, to act with the Gentlemen by you appointed.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Mr. Hawkins, Mr. Jones, Mr. Walton & Mr. Person, a Committee on their part to act jointly with

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such Gentlemen of the Senate as may be appointed to take under Consideration a Letter from the Governor of Virginia to Governor Caswell concerning the Reduction of the Chickamaggaw Settlements, &c., which you will herewith receive for your perusal & concurrence in the Measure.

At the same Time receiving the letter from the Governor of Virginia, &c., which being read, Ordered that Messrs. Coor, Robeson & Brown, be a Committee to act with the Gentlemen appointed by the House of Commons, & that the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We have received the Message of your House appointing a Committee to take under Consideration a letter from the Governor of Virginia to his Excellency Governor Caswell, concurred with by this House, who have appointed Messrs. Coor, Robeson & Brown, to act with the Gentlemen appointed by the House of Commons for that purpose.

(Mr. Stone, the Member from Bertie county, appeared and took his seat.)

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

With this you will receive a Message from his Excellency the Governor, addressed to the General Assembly, together with the sundry Resolutions of Congress, letters from the Governor of South Carolina and the Commander in Chief of the Southern Expedition, the President of Congress & the Delegates from this State in Congress, and sundry other papers therein referred to, which we have had under Consideration & propose referring them to the Committee appointed to report what Bills of a General & public nature are necessary to be brought in and perfected at this Session.

At the same time received the letters, Resolutions & Despatches &c., referred to in the above Message, which being read, ordered that the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have received your Message referring sundry letters

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& Resolve from Congress, Letter from South Carolina, &c., to the Committee appointed to prepare and bring in what Bills are necessary, &c., and concur therewith.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have received the Message of yours appointing certain Gentlemen therein mentioned a Committee to act with such Gentlemen of this House as may be appointed to receive & consider the petitions of Robert Hogg & of all others praying to be admitted as Citizens, with which we concur, & propose on our part that the Committee appointed to receive & consider the Petitions of Robt. Hogg & Samuel Marshall & Thomas Barker, Esquires, shall act with the Gentlemen by you appointed for the purpose aforesaid.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of the House for paroling the officers and men therein mentioned, &c. Also the resolve therein referred to, Endorsed in the Senate 20th January, 1779.

Concurred with.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Resolve of your House for paroling certain persons therein mentioned, concurred with.

Received from the Commons a Bill to regulate and ascertain the Fees of Clerks in the Superior and County Courts, Justices of the peace, and Attornies in this State, and directing the Method of paying the same, and other purposes, which was read the first Time, passed and Ordered to be sent to the Commons.

Mr. Jones moved for leave & presented a bill for dividing Bute County into two distinct Counties and other purposes therein

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mentioned; which was read the first time, passed and ordered to be sent to the Commons.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence the Report of the joint Committee appointed to take under Consideration the letter from the Governor of Virginia to Governor Caswell, &c.

Concurred with by this House.

Also the Report therein referred to as follows:

The Committee appointed by both Houses to take under Consideration the letter from the Governor of Virginia respecting our aid to be sent to the frontiers, beg leave to report as follows:

It is the opinion of your Committee that two Hundred Men be immediately sent under one Lieutenant Colonel and four Captaips to join Colo. Shelby, and that they be furnished from the Militia of Washington formed by Voluntary Enlistment, if they can be so procured, or by Draught agreeable to the Militia Law. That they be furnished with a Commissary, who shall be supplied with Money to enable him to accommodate the troops; that he give Bond to the Governor for the faithful performance of his Trust. That the Officers and Soldiers (should they be successful) treat Captive Women and Children with Tenderness and humanity, conducting them safely to some neighbourly friendly Tribe of the Cherokees & then supply them with live stock and such other of their provisions as they may think necessary. That they treat the friendly Tribes with the untmost Respect, and that they inform them as soon as the Situation of Affairs will permit of their Intentions.

The Committee further beg leave to recommend Major Charles Robeson to the Command, with the rank of Lieutenant Colonel, and that the Troops be furnished with two Hundred weight of Powder.

All which is humbly submitted to the House.

Thos Person, for Committee.

The same being read, was Concurred with.

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

Mr. Speaker & Gentlemen of the House of Commons:

Herewith you will receive the report of the Committee appointed to consider of the Governor of Virginia's letters to Gov. Caswell, concurred with.

Received from the Commons the following Message:

Herewith you will receive the remonstrance of sundry people of Pasquotank County, which this House propose referring to a joint Committee of both Houses, and have, for that purpose, on their part, appointed Mr. Hawkins, Mr. Johnston, Mr. Harvey, Mr. Nash, Mr. Jones and Mr. Courtney, a Committee.

At the same time Received the Remonstrance therein referred to, which being read,

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

Mr. Speaker and Gentlemen of the House of Commons:

We have received your Message appointing a Committee to take under Consideration the Remonstrance from Pasquotank County, with which we concur, and have appointed Mr. Stone, Mr. Harvey and Mr. Sumner, who will act with the Gentlemen by you appointed for that purpose.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

Herewith you will receive a Resolve of this House for appointing Commissioners to purchase Provisions, &c.; also empowering them to draw a certain Sum of Money therein mentioned for that purpose.

The House adjourned till tomorrow morning 9 o'clock.

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Thursday, 21st January, 1779.

The House met.

Mr. John Kinchen, theMember for Orange County; Mr. Ebenezer Folsom, the Member for Cumberland, and Mr. Michael Rogers, the Member for Wake, appeared and took their Seats.

The returning Officer for the County of Pitt Certified that Mr. Robert Salter was Elected a member to respresent said County in Senate, whereupon the said Robert Salter appeared, qualified agreeable to Law and took his Seat.

Received from the Commons a Bill for dividing Hertford County and other purposes, which was read the first time, passed and ordered to be sent to the Commons.

Also the Bill for dividing Bute County into two distinct Counties and other purposes therein mentioned, which was read the second time, amended, passed and ordered to be sent to the Commons.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We have appointed Mr. Person, Mr. Johnston, Mr. Locke, Mr. Harvey, Mr. Courtney and Mr. John Williams, Caswell, as a Committee on our part who will act jointly with such Gentlemen of your House as may be appointed to take under Consideration the address and Petition of the people called Quakers.

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

Mr. Speaker and Gentlemen of the House of Commons:

The House have received your Message referring the Petition of the Quakers to a joint Committee, and concurs therewith, and have for the purpose appointed Mr. Kinchen, Colo. Martin and Mr. Frazier, to act with the Gentlemen by you appointed.

We also send you a Petition from the United Brethren alias Moravians, which we propose referring to the same Committee.

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Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

This House have appointed Mr. Nash, Mr. Person, Mr. Johnston and Mr. Hawkins, a Committee on their part to act jointly with such Gentlemen of the Senate as may be appointed to examine the accounts of William Gilbert, late Commissary of Tryon Couty, &c.

Ordered tat the following Message be sent to the Common:

Mr. Speaker and Gentlemen of the House of Commons:

We have received your Message appointing a Committee to examine the Accounts of Wm. Gilbert, late Commissary of Tryon County, &c., with which we concur, and have for that purpose, on our part, appointed Messrs. Stone, Coor, Rogers and Owen, a Committee.

Received from the Commons a Bill to further ascertain the Duties of the different Surveyors in this State, & other purposes, which was read the first time, passed & ordered to be sent to the Commons.

Also a Bill to enforce the attendance of the Voters at Elections of Members of the General Assembly & other purposes, which was read the first time, passed & ordered to be sent to the Commons.

Mr. Forster moved for leave & presented a Bill for erecting a Court House, Prison & stocks, in Brunswick County, & other purposes, which was read the first time, passed and Ordered to be sent to the Commons.

Resolved, That Colo. Long be requested to furnish a Cart & Horses for the purpose of transporting to Mr. Jno. Brown, at the bend of the Yadkin, immediately, two Hundred Weight of powder, three Hundred weight of Lead & a sufficient number of Flints, for the use of the Troops ordered against the Chickamaggaw Indians.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House

-------------------- page 543 --------------------
for transporting Ammunition for he Use of the Troops ordered against the Indians.

Resolved, That Mr. Jesse Walton be appointed Commissary to the Troops now ordered on the Indian Expedition under the Command of Colo. Robeson.

Ordered that the above Resolve be sent to the Commons, together with the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

You will herewith receive for your Concurrence a Resolve of this House appointing Mr. Jesse Walton, Commissary to the Troops, under the Command of Colo. Robeson, on the Indian Expedition.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Mr. Nash, Mr. Hooper & Mr. Locke, a Committee on their part, to act jointly with a Committee of the Senate, to enquire into the Conduct of Mr. Charles Bondfield, relative to selling the Pensylvania Farmer, & charging Mr. Hewes with being the purchaser.

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

Mr. Speaker & Gentlemen of the House of Commons:

We have received your Message appointing a Committee to enquire into the conduct of Charles Bondfield relative to selling the Pennsylvania Farmer, & concur therewith, & have, on our part, chosen Colo. Martin & Mr. Stone to act in conjunction with the Gentlemen by you appointed.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Mr. Hewes, Mr. Nash, Mr. Jones & Mr. Hawkins, a Committee on their part, to act jointly with a

-------------------- page 544 --------------------
Committee of the Senate, to devise ways & means to supply the State with Arms & Ammunition with the greatest Expedition and Economy possible.

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

Mr. Speaker and Gentlemen of the House of Commons:

We have received your Message appointing a Committee to devise ways & means to supply this State with Arms & Ammunition, &c., & concur therewith, & have for that purpose chosen Messrs. Salter, Davis & McKenzie, to act with the Gentlemen by you appointed.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House appointing a Commissary to the Troops ordered on the Indian Expedition.

Also the Resolve for transmitting Ammunition for the Troops on the same service, Concurred with by this House.

At the same time Received the Resolves of this House referred to in the above Message and Endorsed in the House of Commons 21st January, 1779.

Concurred with.

The House adjourned till tomorrow morning 9 o'clock.

———


Friday, 22d January, 1779.

The House met according to adjournment.

Received from the Commons a Bill for dividing Craven County into two distinct Counties, & for other purpose therein mentioned, which was read the first Time, passed and ordered to be sent to the Commons.

Also a Bill for confirming certain Grants of Lands in Earl Granville District, made by Thomas Child, Esq., Agent for said Earl Granville, after his Departure from Edenton, in North Carolina, and during his Residence in Suffolk, in Virginia, which was read the first time, passed and ordered to be sent to the Commons.

-------------------- page 545 --------------------

And a Bill for annexing part of Halifax County to Edgecombe, and other purposes, which was read the first time, passed & ordered to be sent to the Commons.

Whereas, many of the subjects of the King of Great Britain have & may come into this State and voluntarily make application to be permitted to take the Oath of Allegiance & become Subjects thereof; & whereas, it hath been Doubtful to what Authority such persons should apply for the aforesaid Privilege & Indulgence.

Resolved, that in such Cases & Circumstances any two Justices of the peace of any County in this State may & they are hereby required at their Discretion to administer the Oath of Allegiance to any such person so applying & to give a Certificate thereof under their Hands, provided that this Indulgence shall not extend to such persons as have been compelled to leave this State or any of the United States, by virtue of any law or resolve of this or the United States, nor to such as have taken Arms against this State and have removed themselves therefrom or still continue within the limits of this State.

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

Mr. Speaker and Gentlemen of the House of Commons:

You will with this Receive a Resolve of this House permitting the Subjects of the King of Great Britain, who shall voluntarily come into this State to take the oath of Allegiance & become ubjects thereof, which we send for your Concurrence.

As it is obvious from the advanced price of every Commodity that Lieutenant's pay at present allowed to Ptolemy Powell & Samuel Caswell, Commanding officers of the Guards at Halifax & Kingston, is inadequate to their maintenance as Officers;

Resolved, therefore, that the said Ptolemy Powell & Samuel Caswell be advanced to the rank, pay & Command of Captains, to be under the same Rules, Regulations & Restrictions, & be subject to the same pains and Penalties as Officers in the Continental service, and that His Excellency the Governor commission them accordingly, and further that each be allowed to draw Captain's pay from the Date of their Commission as Lieutenants and

-------------------- page 546 --------------------
be empowered to appoint one Sergeant and two Corporals, who shall draw pay accordingly.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House for advancing the pay and Rank of the Officers of the Guard of Halifax & Kinston.

Colo. Kenan has leave of absence during the remainder of this Session.

Colo. Robeson has leave of absence during the remainder of this Session.

Mr. Robt. Irwin, the Member for Mecklenburg County, appeared & took his seat.

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

———


Saturday, 23d January, 1779.

The House met.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House for raising men to be stationed in Cumberland County, &c., &c.

Also the Resolve therein referred to, which being read, Ordered that the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Resolve of your House for raising men to march to Cumberland, &c., concurred with by this House,

with the Amendment of the words “compelled to” in the first page.

Received from the Commons a Bill for ascertaining the lines & Boundaries of a tract of land lately granted to Samuel Spencer,

-------------------- page 547 --------------------
which was read the first Time, passed & ordered to be sent to the Commons.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you a letter from the Honble. Samuel Spencer, Esq., Judge, &c., the Consideration of which we propose referring to a joint Committee and have for that purpose, on our part, appointed Mr. Hawkins, Mr. John Williams, Mr. Courtney & Mr. Person, a Committee.

Also the letter therein referred to and the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you the Petition of Waightstill Avery, Esq., Attorney General, which we propose referring to the Committee appointed to take under Consideration the Letter from the Honble Judge Spencer.

Also the Petition therein referred to.

Which being read, ordered that the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We have received your Message referring the letter from the Honble Samuel Spencer, and the Petition of Waightstill Avery, Esquire, to a joint Committee, with which we concur & have, for that purpose, appointed Messrs. Davis, Martin & Rogers, a Committee.

We also propose referring to said Committee the Consideration of the allowance of the Governor, Secretary, Delegates in Congress, & other public Officers of this State.

Received from the Commons a Bill for raising Forces for the Defense of this State, which was read the first Time, passed and ordered to be sent to the Commons.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House appointing Commissioners in the different Districts of this State

-------------------- page 548 --------------------
for purchasing the provisions therein mentioned & allowing them the Sums therein mentioned for such Service:

We propose that a former Resolve of this House, and concurred with by the Senate, for this purpose should be Expunged from the Journals of both Houses, as the Substance of that is included in the one herewith sent you.

Also the Resolve therein referred to, which being read was Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House concur with yours in the proposed Amendment to the Resolve for raising men, &c.

Received from the Commons a Bill for erecting a Court House, Prison & stocks, in Brunswick County, and other purposes, which was read the second time, amended, passed & ordered to be sent to the Commons.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House empowering the Commissary of Stores to remove the public powder.

Also the Resolve therein referred to, which being read was Concurred with.

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

Mr. Speaker & Gentlemen of the House of Commons:

You will herewith receive the Resolve of your House empowering the Commissary of Stores to remove the public powder to some convenient House in the Town of Halifax.

Received from the Commons a Bill for annexing part of Halifax County to Edgecombe & other purposes, which was read the second Time, passed & ordered to be sent to the Commons.

Ordered that Mr. Irwin & Major Owen be added to the Committee of Claims.

-------------------- page 549 --------------------

Whereas, many Entry takers & Sheriffs, for the furtherance of the present Expedition to the Southward, have advanced public Monies to the Commanding Officers of the Militia now in that Service, for the purpose of paying Bounties to such persons as should turn out Volunteers in the same and whereas, the Resolve passed last Session of the General Assembly respecting the Treasurers allowing such Monies advanced to the Volunteers ballotted to march to the Northward in the Accounts of such Entry takers and Sheriffs did not include Monies to be advanced to the said Officers to be paid as Bounty to the Militia on like Service;

Resolved, therefore, that Entry takers & Sheriffs who have advanced public monies for the purpose of raising Volunteers of Militia now serving in the present Expedition to the Southward be comprehended in the meaning of the said Resolve, and that the Treasurers pass such accounts on the said Entry takers & Sheriffs producing from the Colonels or Commanding Officers in the County of said Volunteers and Militia Receipts of such Monies by them so received.

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

Mr. Speaker & Gentlemen of the House of Commons:

You will with this receive a Resolve of this House for making valid all Receipts for monies advanced by Entry takers & Sheriffs for the purpose of raising Volunteers of the Militia in the present Expedition to the Southward.

Received from the Commons a Bill for confirming certain Grants of Lands in Earl Granville District, made by Thomas Child, Esq., Agent for said Earl Granville, after his Departure from Edenton, in North Carolina, and during his Residence in Suffolk, in Virginia, which was read the second time, amended, passed & ordered to be sent to the Commons.

Mr. William Shepherd, the Member for Surry County, appeared & took his Seat.

Colo. Graham moved for leave & presented a Bill for annexing part of Burke County to the County of Tryon and for other purposes, which was read the first time, passed & ordered to be sent to the Commons.

-------------------- page 550 --------------------

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House for admitting Jacob Pope to the priviledges of a Citizen, &c.

Also the Resolve therein referred to.

Endorsed in the Senate 23 January, 1779.

Read & Concurred with.

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

Mr. Speaker & Gentlemen of the House of Commons:

You will with this Receive the Resolve of your House admitting Jacob Pope a Citizen of this State.

Concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your Concurrence the Report of the Committee appointed to Consider the Petition of the people called Moravians & Quakers.

Concurred with by this House.

Also the report of the Committee therein referred to as follows:

Your Committee appointed to consider of the petitions of the people called Moravians and Quakers, having taken the same under their Consideration are of the opinion, That as the end of all government is to make every member of the Community equally happy, and as in a State settled by people of different Religions this equality of political Happiness is inseparable from an Indulgence to those whose religious Opinions make them object to the usual form of promising fidelity to the State, That the people called Moravians and Quakers should be permitted to take the following Affirmation, to-wit:

I, A, B, Do solemnly and sincerely declare and affirm in the presence of Almighty God that I will truly and faithfully demean myself as a peaceable subject of the Independent State of North Carolina

-------------------- page 551 --------------------
and will be subject to the powers and Authorities that are or may be established for the good Government thereof not inconsistent with the Constitution by yielding either an active or passive Obedience thereto and that I will not abet or join the subjects or forces of the King of Great Britain or others the Enemies of this State in any Conspiracy by any means whatsoever against this said State or the United States of America and that I will make known to the Governor or some member of the Council of State, Judge of the Superior Court, or Justice of the peace, all treasons, Conspiracies or attempts committed or intended against the same which shall come to my knowledge.

And your Committee are further of the opinion that an Act of the General Assembly of this State ought to be made for the above purpose. All which your Committee humbly submits to the Houses.

Thos. Person, Chairman.

On reading the aforegoing Report, ordered that the following Message be sent to the House of Commons:

Mr. Speaker and Gentlemen of the House of Commons:

We have received your Message with the Report of the Committee appointed to consider the Petitions of the Moravians and Quakers, and concur therewith, with the amendments we have made in the oath to be taken by such people, and further propose that the Mennonists and Dunkards should be included within the meaning and purview of the said Report.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have received the Message of yours proposing Amendments in the Report of the Committee appointed to consider the Petitions of the Moravians and Quakers and have acceded thereto and made the Report Conformable.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House concur with you in referring to the Committee appointed to take into Consideration the letter from the Honble

-------------------- page 552 --------------------
Samuel Spencer, &c., the Consideration of the allowance of the Governor, Secretary, &c., Delegates in Congress, and other public officers of this State.

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

Mr. Speaker & Gentlemen of the House of Commons:

This House have appointed The Honorable the Speaker, and Colo. Martin to act with the Gentlemen by you appointed for the purpose of preparing the Thanks of this State to the Honorable Cornelius Harnett, Esquire, one of the Delegates for this State in the Continental Congress, for his faithful and important Services rendered this State in the Execution of that office.

The House adjourned till Monday morning 10 o'clock.

———


Monday, 25th January, 1779.

The House met.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House permitting Henry Hinton, Master of the Sloop Mary, bound for the Island of Bermuda, to load out with provisions.

Also the Resolve therein referred to.

Which being read, ordered that the following Message be sent to the House of Commons:

This House have received your Message and Resolve in favour of Capt. Hinton, and propose passing a Resolve in favour of the Inhabitants of Bermuda generally, supposing that many of that Island will come into this State with the same Desire of procuring provisions, and that all are equally entitled to those Benefits, for which purpose we have sent a Resolve for your Concurrence as follows:

It being Evident that the United States, and particularly this State, have received great Benefit and Advantage from the importation of salt and other useful articles by the Inhabitants of Bermuda, and it being also represented to this House that the Inhabitants

-------------------- page 553 --------------------
of the Island of Bermuda, claimed by and guaranteed to the United States by Treaty with France, are in most distressing Circumstances thro' want of Provisions;

Resolved, therefore, that all vessels belonging to the Inhabitants of the Island of Bermuda, who shall import into any part of this State any Quantity of salt, shall, and they are hereby empowered, to take on board & export to the said Island so much Provision as will amount to the value of the salt so imported by them and no more.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence the Report of the joint Committee appointed to receive and consider the Petition of all persons praying to be admitted as Citizens, unanimously concurred with by this House.

Also the Report of the Committee appointed to receive and consider the Petitions of all persons praying to be admitted.

Which being read was concurred with.

On reading the report of the said Commons, admitting Robert Hogg as a Citizen of this State, it was objected to, and the question being put it was carried in the affirmative.

Then, on motion of Robert Harris, Ordered that the yeas and nays be taken, which were as follows:

Yeas.—Messrs. Davis, Thompson, Battle, Rhodes, Forster, Martin, Russell, Graham, Ashe, Owen, Boddie, Rogers, Kinchen, Salter, McKenzie and Stone.

Nays.—Messrs. Coor, Harris, Jones, Respass, Exum, Frazier, Brown, Sumner, Irwin and Shepherd.

Dissentient—Because it appears when Mr. Hogg left this Country he was generally deemed unfriendly to the public Measures of this & the United States; that he returned under the protection of the King of Great Britain and hath not taken the Oath of Allegiance to this State, and lastly because Mr. Hogg hath not shown or offered in his own behalf any mitigating Circumstance to induce the General Assembly to admit him as a Citizen and restore to him his property, which we conceive was absolutely necessary and particularly required by the act of Assembly—Jas.

-------------------- page 554 --------------------
Coor, Robert Harris, Edwd. Jones, Thos. Respass, Ben. Exum, Jeremiah Frazier, Jno. Brown, R. Sumner, R. Irwin, Wm. Shepherd.

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

Mr. Speaker & Gentlemen of the House of Commons:

This House have received your Message, with the Report of the Committee appointed to receive and consider the petition of all persons praying to be admitted Citizens of this State, which we herewith return you concurred with.

Received from the Commons:

A Bill to Amend an act to amend the staple of Tobacco and prevent frauds, passed at New Bern, 15th November, 1779, which was read the first time, passed and ordered to be sent to the Commons.

Colo. Martin moved for leave & presented a Bill to lay out and Establish a town on the land adjoining to the Court House, in Guilford County, which was read the first Time, passed and ordered to be sent to the Commons.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith return the Resolve of your House for making valid all Receipts for monies advanced by Entry takers & Sheriffs for the purpose of raising Volunteers of Militia in the present Expedition to the Southward, concurred with.

Also the Resolve of this House.

Endorsed in the House of Commons 25th January, 1779.

Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We have received the Message of your House appointing certain Gentlemen therein mentioned to prepare the thanks of the State to be given the Honble. Cornelius Harnett, Esq., one of the Delegates from this State in Congress, & we have for that purpose,

-------------------- page 555 --------------------
on our part, appointed Mr. Hooper & Mr. Jones, to act jointly with the Gentlemen by you appointed for that purpose.

We think that the Honble. John Penn & John Williams, Esquires, justly merit the thanks of the State for the great Services they have rendered as Delegates in Congress, & propose that the thanks of the State shall also be given them thro' the Assembly.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House appointing a Contractor for the Troops on the Indian Expedition, &c.

Also the Resolve therein referred to.

Which being read ordered that the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

Herewith you will receive the Resolve of your House appointing Mr. Jesse Walton, Contractor, for purposes therein mentioned Concurred with.

Received from the Commons a Bill for regulating the Town of New Bern & other purposes therein mentioned, which was read the first time, passed & ordered to be sent to the Commons.

Mr. Coor moved for leave & presented a Bill for ascertaining what property in this State shall be deemed Taxable property, the method of assessing the same & collecting the public Taxes & other purposes, which was read the first time, passed and ordered to be sent to the Commons.

Mr. John Birdsong, the Member for Chatham County, appeared & took his Seat.

On motion a Bill for dividing Hertford County and other purposes was read the second time, passed and ordered to be sent to the Commons.

The House adjourned till tomorrow morning 9 o'clock.

-------------------- page 556 --------------------

———


Tuesday, 26th January, 1779.

The House met.

Mr. Stone moved for leave & presented a Bill to empower the Court of Bertie County to levy a further Tax for completing the public Buildings of said County & other purposes, which was read the first Time, passed & ordered to be sent to the Commons.

Mr. Luke Sumner, the Member for Hertford County, appeared & took his Seat.

Mr. Respass & Mr. Harvey have leave of absence from the session of this House.

On motion a Bill for annexing a part of Burke County to the County of Tryon and for other purposes was read the second Time, amended, passed & ordered to be sent to the Commons.

Colo. Graham moved for leave and presented a Bill for dividing Tryon County into two distinct Counties and for other purposes, which was read the first Time, passed & ordered to be sent to the Commons.

Resolved, that all officers of the Militia and others of this State, who have collected clothing of any kind agreeable to a late act of Assembly in such case made, be directed to make Return thereof to his Excellency the Governor & that they also keep the same until the Governor shall direct them to deliver it to some officer or other person.

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

Mr. Speaker & Gentlemen of the House of Commons:

This House being informed that several persons in the different parts of this State have in their possession public cloathing, have sent you a Resolve for your Concurrence, relative to the same.

Received from the Commons a Bill for dividing the County of Guilford into two distinct Counties, & other purposes therein mentioned; which was read the first time, passed & ordered to be sent to the Commons.

Resolved, that Edward Jones & Adkin McLemon Deliver into the hands of Colo. Nicholas Long the remainder of the Guns, Gun Locks & every other Thing belonging to the Gun Manufactory

-------------------- page 557 --------------------
in Bute County, & that the said Colo. Nicholas Long be directed to have those Gun Barrels, that have Locks & mountings finished, and that he sell the remainder for the best price that can be got for them & account with the General Assembly for the same.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House directing Colo. Long to receive the Guns & Gun Locks from Messrs. Jones & McLemon that formerly belonged to the Gun Manufactory in Bute County.

Colo. Alexander Martin, from the joint Committee of both Houses, appointed to prepare an address of thanks from this State to the Honorable Cornelius Harnett, Esquire, as also to the Honorable John Penn & John Williams, Esquires, Delegates in Continental Congress, Reported that he had prepared the same, which is as follows:

To the Honorable Cornelius Harnett & John Williams, Esquires, Gentlemen:

The General Assembly of the State of North Carolina, by the Unanimous Resolves of both Houses, have agreed that the Thanks of the State be presented to you for the many great and important Services you have rendered your Country as a Delegate in the Continental Congress.

The Assiduity & zeal with which you have represented our affairs in that supreme Council of the Continent, (during a long & painful absence from your family,) demand this respectful attention of your Countrymen, whose minds are impressed with a sense of the most lively Gratitude.

We cannot but congratulate you with ourselves for those late remarkable Successes of the American Arms, that under the Auspices & divine Providence of Almighty God have at length humbled the Pride of an insulting, vengeful, cruel & imperious Enemy, which, together with those wise Councils and Negotiations in which you (and your worthy Colleagues,) have borne a share, have induced the first Power in Europe to acknowledge the Freedom,

-------------------- page 558 --------------------
Independence, & Sovereignty of the United States of America, and have given them Rank among the Sovereign Powers of the World.

For the faithful Discharge of this your Duty and the high Trust reposed in you by this State, accept, Gentlemen, through me, the thanks & Plaudit of your Country.

The copy of the foregoing address was also prepared for the Honble. John. Penn.

Ordered that the foregoing Report, together with the following Message, be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence the Report of the joint Committee appointed to prepare an address of thanks to the Honble Cornelius Harnett, John Penn, & John Williams, Esqrs., which this House have Concurred with.

Received from the Commons a Bill for erecting a town in the County of Washington.

Which was read the first time, passed, & ordered to be sent to the Commons.

Received from the Commons a Bill for dividing Craven County into two distinct Counties, & for other purposes therein mentioned.

Which was read the second time, passed & ordered to be sent to the Commons.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

This house being informed that it is necessary, from the Multiplicity of Business before the Committee of Claims, to appoint another Committee of Claims to settle and allow accounts separate and apart from the other, I have appointed Mr. Winslow, Mr. John Williams (Caswell), Mr. Clinton, Mr. Cogdell, Mr. Baker & Mr. Johnston, to act jointly with such Gentlemen as you may appoint for the purpose aferesaid.

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

Mr. Speaker & Gentlemen of the House of Commons:

This House have received your Message appointing another Committee of Claims & concur therewith, for which purpose we

-------------------- page 559 --------------------
have appointed Messrs. Shepard, Rogers, Frazier, Birdsong & Brown, to act with the Gentlemen by you appointed.

The House adjourned till tomorrow morning 9 o'clock.

———


Wednesday, 27th January, 1779.

The House met.

Received from the Commons the Bill for the Ease and convenience of the Militia in the west end of Rowan County.

Which was read the first time, passed & ordered to be sent to the Commons.

Mr. Davis moved for leave & presented a Bill for levying a Tax for defraying the Contingencies of the several Counties in this State & for other purposes therein mentioned.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House allowing Mr. Benjamin Clark a certain sum therein mentioned.

Also the Resolve therein referred to, which being read was concurred with.

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

Mr. Speaker & Gentlemen of the House of Commons:

Herewith you will receive the Resolve of your House in favour of Benjamin Clark.

Concurred with by this House.

Resolved, that Mrs. Sarah Dupree, of Brunswick County, be allowed the sum of Eighty pounds for a negro fellow, named James, who was executed in Brunswick for the Murder of Henry Williams.

That the Treasurers or either of them pay her the same and be allowed.

-------------------- page 560 --------------------

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House allowing Mrs. Sarah Dupree a certain Sum therein mentioned.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House relative to public clothing in the hands of sundry people in different parts of the State. Concurred with.

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

Endorsed in the House of Commons 26th January, 1779. Concurred with.

Received from the Commons the Bill for ascertaining what property in the State shall be deemed taxable property, the method of assessing the same and collecting the public Taxes and other purposes.

On motion, for reading the above Bill, the House resolved itself into a Committee of the whole House to take into Consideration this Bill and chose Mr. Luke Sumner, Chairman, and after some time spent therein Mr. Speaker resumed the Chair and Mr. Chairman reported that the Committee has proposed several Amendments in the said Bill, which were read.

Then on motion, Ordered that the Bill for ascertaining what property in this State shall be deemed taxable property in this State, &c., &c., be read.

Read the same the second time, Amended, passed and ordered to be sent to the Commons.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House allowing Mrs. Sarah Dupree the Sum therein mentioned. Concurred with.

-------------------- page 561 --------------------

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

Endorsed in the House of Commons 27th January, 1779.

Concurred with.

The House adjourned till tomorrow morning 9 o'clock.

———


Thursday, 28th January, 1779.

The House met.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence the Report of the Committee appointed to take under Consideration the petition of the people of Pasquotank, &c., concurred with by this House.

Also the Report of the Committee therein referred to, which being read was concurred with.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return you the Report of the Committee appointed to take under Consideration the petition of the people of Pasquotank, &c., concurred with by this House.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House directing the Treasurers to receive the old proclamation money therein mentioned.

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

Resolved, that the Treasurers be directed to receive of the Tax Gatherers and County Treasurers all old proclamation Money collected or received by such Tax Gatherers & County Treasurers in payment of public Taxes, oath being first made that such proclamation money was so collected or received on or before the first day of February, 1779.

-------------------- page 562 --------------------

The above Resolve being read was concurred with, & ordered that the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

You will with this receive the Resolve of your House directing the Treasurers to receive old proclamation money from the Tax Gatherers & County Treasurers in payment of public Taxes, & concurred with by this House.

Received from the Commons a Bill to explain an act entitled an Act to prevent Domestic Insurrections & for other purposes.

Which was read the first time, passed & ordered to be sent to the Commons.

Also the Bill for dividing Craven County into two distinct Counties & for other purposes therein mentioned.

Which was read the third time, passed & ordered to be Engrossed.

Also the Bill for erecting a Court House, Prison & Stocks, in Brunswick County and other purposes.

Which was read the third time, passed and ordered to be sent to the Commons.

Resolved, that Mr. Robert Summer, Colo. Martin, Mr. Coor and Mr. Thompson, be appointed to act with such Gentlemen as the House of Commons shall think proper to appoint, for the purpose of receiving the old proclamation money from the Treasurer and counting the same.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House appointing a Committee to receive and count the old money from the Treasurer.

Mr. Battle moved for leave and presented a Bill for levying a tax for the year 1779, and other purposes.

Which was read the first time, passed and ordered to be sent to the Commons.

On motion of Colo. Folsom, Resolved that Philip Alston and Thomas Hadley, of Cumberland County, who were appointed

-------------------- page 563 --------------------
Commissioners by the Congress at Halifax to settle on behalf of the public with the said Ebenezer Folsom are hereby cited to make Report to the next Session of General Assembly of their Settlement with said Folsom.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of the House, citing Philip Alston and Thomas Hadley to make report to the next assembly of their settlement with Colo. Folsom.

Received from the Commons a Bill for dividing Bute County into two Distinct Counties, and for other purposes therein contained.

Which was read the third time, amended, passed and ordered to be sent to the Commons.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

This House have appointed Mr. Person, Mr. Davidson, Mr. Hunter, and Mr. Hewes, a Committee, to act with the Gentlemen by you appointed, to receive and count the old money of the Treasurer.

Received from the Commons A Bill to impower the Executors of the last Will and Testament of Richard Quince, late of New Hanover County, Esquire, deceased, to sell part of the Estate of the said Richard Quince, and for other purposes, and to apply the monies arising by such sales to the uses of the said Will.

Which was read the first time and Rejected.

Received from the Commons a Bill for erecting a separate and distinct County by taking off a part of the Counties of New Hanover, Duplin and Bladen Counties, and for other purposes therein mentioned.

Which was read the first time, passed and ordered to be sent to the Commons:

Also a Bill for the suppression of Vice and immorality, which was read the first time, passed and ordered to be sent to the Commons.

-------------------- page 564 --------------------

Mr. Kinchen moved for leave and presented a Bill to prevent Stealing of Slaves, and for other purposes therein mentioned.

Which was read the first Time, passed and ordered to be sent to the Commons:

Received from the Commons a Bill for dividing Hertford County, and for other purposes, which was read the third time, amended by Consent of both Houses, and ordered to be Engrossed.

Also the Bill for the Ease and Convenience of the Militia of West End of Rowan County.

Which was read the second time, amended, passed and ordered to be sent to the Commons:

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House citing Philip Alston and Thomas Hadley to attend the next Assembly for the purposes therein mentioned. Concurred with.

At the same time Received the Resolve of this House referred to in the foregoing Message.

Endorsed in the House of Commons 28th January, 1779, Concurred with.

Received from the Commons a Bill for dividing the County of Guilford into two distinct Counties, and other purposes therein mentioned.

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

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence the Report of the Committee relative to the sale of the Pennsylvania Farmer, Concurred with by this House.

Also the Report of the Committee therein referred to, which being read was concurred with.

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

-------------------- page 565 --------------------

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Report of the Committee relative to the sale of the Pennsylvania Farmer, Concurred with by this House.

Mr. Frazier moved for leave and presented a Bill for altering the time of holding certain County Courts of Pleas & Quarter Sessions therein mentioned.

Which was read the first Time, passed and ordered to be sent to the Commons.

Mr. Davis moved for leave and presented a Bill for extending the Boundary Line between this State and the Commonwealth of Virginia.

Which was read the first time, passed and ordered to be sent to the Commons.

Colo. Martin moved for leave and presented a Bill to amend and explain an act for establishing Offices for receiving Entries of Claims for land in the several Counties within this State, for ascertaining the method of obtaining Titles to the same and for other purposes therein mentioned.

Which was read the first time, passed and ordered to be sent to the Commons.

Mr. Kinchen moved for leave and presented a Bill for establishing an Academy in the Neighborhood of Hillsborough.

Which was read the first Time, passed and ordered to be sent to the Commons.

The House adjourned till tomorrow morning 9 o'clock.

———


Friday, 29th January, 1779.

The House met.

Received from the Commons a Bill to explain an act entitled an Act to prevent Domestic Insurrections and for other purposes.

Which was read the second time, amended and Rejected.

Received from the Commons a Bill for levying a Tax for the year 1779, and for other purposes.

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

Received from the Commons the following Message:

-------------------- page 566 --------------------

Mr. Speaker & Gentlemen of the Senate:

This House have Resolved that they will not receive any new Bill or Bills after Monday next, and desire your concurrence thereto.

The above Resolve being read was concurred with, and ordered that the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We have recieved your Message relative to the Resolve for receiving no new Bill after Monday next, to which we agree.

Whereas, Mr. James Robertson, Superintendant of Indian Affairs for this State, hath resigned his said Appointment, and it appearing that it is the earnest Request and Desire of the Indians that Mr. Ellis Harling should succeed said Robertson in the Appointment;

Resolved, therefore, that the said Ellis Harling be & he is hereby appointed Superintendant of Indian Affairs for this State; that he be allowed the same pay as the said James Robertson was allowed; that His Excellency the Governor be requested to grant him a Commission for that purpose & that His Excellency return a talk to the Raven of Chola in answer to the Talk given by him to our Superintendant on the 23d of December, last.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House appointing Ellis Harling, Superintendant of Indian Affairs, in the stead of James Robertson, resigned.

Received from the Commons a Bill for establishing an Academy in the neighbourhood of Hillsborough.

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

Received from the Commons a Bill to enable the Inhabitants of a certain Tract of Land lying in Mecklenburg County, known by the name of Governor Dobb's Tract, number five, to make Entries thereof and obtain Titles for the same.

Which was read the first time, passed and ordered to be sent to the Commons.

-------------------- page 567 --------------------

Received from the Commons a Bill for regulating the town of New Bern and other purposes therein mentioned.

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

Resolved, that Mr. James Robertson be allowed the sum of Four Hundred and Eighty-seven pounds 10 shillings and 1¾ pence in full of his pay from his appointment to this Day, and for all Disbursements expended on the Indians in behalf of this State.

That the Treasurer be directed to pay the same to Thoms Houghton for the use of the said James Robertson.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House in favour of Mr. James Robertson.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Mr. Person, Mr. Jones, Mr. Nash, Mr. Courtney, Mr. Bloodworth and Mr. Hooper, a Committee on their part, to act jointly with such of your Body as you may think proper to appoint, to prepare and bring in a Bill for carrying the Confiscation act into Effect.

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

Mr. Speaker & Gentlemen of the House of Commons:

We have received your Message appointing a Committee to prepare and bring in a Bill for carrying the Confiscation Act into Effect, and have, for that purpose, on our part appointed Mr. Coor.

Received from the Commons a Bill for annexing a part of Burke County to the County of Tryon and for other purposes.

Which was read the third time, passed and ordered to be sent to the Commons.

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

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House appointing Ellis Harling, Superintendant of Indian Affairs, concurred with.

Also the Resolve of this House referred to in the foregoing Message.

Endorsed in the House of Commons 29th January, 1779, Concurred with.

Received from the Commons a Bill to amend part of an Act entitled an Act for emitting Eight Hundred and fifty thousand pounds in Bills of Credit for discharging the Debts 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.

Which was read the first time, passed and ordered to be sent to the House of Commons.

Also a Bill for the suppression of Vice and immorality.

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

Also a Bill for annexing a part of Halifax County to Edgecomb and other purposes.

Which was read the third time, passed and ordered to be Engrossed.

Mr. Frazier moved for leave and presented a Bill to empower the County Courts of Martin and Tyrrell to lay a further Tax for defraying the expense of the public Buildings of the Counties aforesaid.

Which was read the first time, passed and ordered to be sent to the Commons.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House in favour of James Robertson, concurred with.

Also the Resolve of this House referred to in the foregoing Message.

Endorsed in the House of Commons 29th January, 1779, Concurred with.

-------------------- page 569 --------------------

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the address of thanks to the Honble Cornelius Harnett, John Penn and John Williams, Esquires, Concurred with.

At the same time Received the Report of the Committee appointed to prepare an address of thanks to the Honble Cornelius Harnett, John Penn and John Williams, Esquires.

Endorsed in the House of Commons 29th January, 1779, Concurred with.

Whereas, there are several Guns in the possession of Mr. Mial Scurlock, which were purchased for the use of the public and are unfit for service;

Resolved, therefore, that Colo. Ambrose Ramsay be hereby appointed to receive the said Guns from Mr. Scurlock and sell the same for the best price, and that he account with the next General Assembly for the money arising therefrom.

Ordered that the above Resolve, together with the following Message, be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House for selling certain Guns which are in possession of Mr. Mial Scurlock.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House declaring the Intent and meaning of the former Assessment Law, &c.

Also the Resolve therein referred to, which being read was Rejected.

Whereas, by the last Assessment Law it is required that each and every person in the State shall give in a true List on Oath of all his taxable property whatsoever to the Justice appointed to receive such List in the District in which each person respectively resides, and that the Assessors for such District shall assess all

-------------------- page 570 --------------------
such property, Notwithstanding which Overseers and others have been called upon to render in an Account of their employer's land and other taxable property in their care, lying in different parts of the State, who thereby are in danger of being subjected to a double tax, for remedy whereof it is hereby:

Resolved, that no Inhabitant of this State who hath complied with the direction of the aforesaid Act, by giving in an account of all his taxable property in the District or County where he usually resided, shall be liable to pay in any other District or County in this State, and in case any Tax hath been collected from the Estate of any such person he shall, on producing a Receipt for such Tax, be entitled to Receive the Amount thereof from the Sheriff of his County out of the next Year's public Tax, and the Sheriff of such County is hereby required and directed to pay the same, for which he shall be allowed in the settlement of his public Accounts.

Ordered that the above Resolve, together with the following Message, be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We have received your Message & Resolve, explaining the last Assessment Act, but cannot concur therewith, and propose the Resolve you will herewith receive in lieu thereof.

The House adjourned till tomorrow morning 9 o'clock.

———


Saturday, 30th January, 1779.

The House met.

Received from the Commons the following Message:

Mr. Speader & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House for ascertaining the daily allowance of the members of this Assembly.

Also the Resolve therein referred to, as follows:

Resolved, that the Members of this Assembly be allowed ten dollars per Day each for their Attendance at, coming to and returning from this present Session of General Assembly.

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

The above Resolve being read was concurred with, and ordered that the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Resolve of your House for ascertaining the pay of the Members of the Assembly, Concurred with.

Mr. Kinchen moved for leave and presented a bill for apprehending and selling certain Slaves set free contrary to Law, and for confirming the Sales of others, and for other purposes.

Which was read the first time, passed, and ordered to be sent to the Commons.

Received from the Commons a Bill to empower the County Courts of Martin and Tyrrell to lay a further tax for defraying the Expense of the public Buildings of the Counties aforesaid.

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

Received from the Commons a Bill for ascertaining the Lines and Boundaries of a tract of Land lately granted to Samuel Spencer.

Which was read the second time and Rejected.

Received from the Commons a Bill to impower the Court of Bertie County to levy a further Tax for completing the public Buildings of said County and other purposes.

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

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House allowing Cap. Ralph Williams a certain Sum therein mentioned.

Also the Resolve referred to in the foregoing Message.

Endorsed in the Senate 30th January, 1779, Concurred with.

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

-------------------- page 572 --------------------

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Resolve of your House allowing Cap. Ralph Williams a certain Sum therein mentioned, Concurred with.

Resolved, that Cap. Matthew Wood do, without Delay, collect all the Regulars in and about Halifax together, with all the Militia Men directed to go to the Southward, and march the same by the most convenient Route to Kingston, where he is to obey such orders as he may receive from His Excellency the Governor.

Resolved further, that His Excellency dispose of said troops as he may think most proper.

That the Quarter Master General furnish the said Wood with necessary teams, and that William Amis supply him with sufficient provision for the purposes aforesaid.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House for ordering on the Regular troops in and about the town of Halifax to Kingston.

Colo. Martin moved for leave and presented a Bill to prescribe the Affirmation of Allegiance and Fidelity to this State to be taken by the people called Moravians, Quakers & Mennonists & Dunkards, and granting them certain Indulgencies therein mentioned, and for other purposes.

Which was read the first time, passed and ordered to be sent to the Commons:

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith return the Resolve of your House you propose adopting in lieu of the one sent by this House for your Concurrence, explaining the last Assessment Act, agreed to.

Also the Resolve of this House referred to in the foregoing Message.

Endorsed In the House of Commons 30th January, 1779, Concurred with.

-------------------- page 573 --------------------

Colo. Russell has leave of absence for the remainder of the Session.

Whereas, the General Assembly on the 23rd day of January, Instant, did, by Resolve, appoint a Commissioner for each District in this State to purchase provisions, and granted to each of the said Commissioners the Sum of ten thousand pounds for that purpose; and whereas, it appears that the said appointments have manifestly occasioned a very great rise in the price of such provisions, to the great detriment of the good people of this State, therefore,

Resolved, that His Excellency the Governor be required not to issue any Warrant or Draught on the Treasury of this State to any of the aforesaid Commissioners.

Ordered that the Above Resolve, together with the following Message, be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a Resolve of this House requiring the Governor to issue no. Draughts on the Treasury in favour of the Commissioners appointed to purchase provisions, &c.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Mr. William Baker on their part to examine the Engrossed Bills.

Ordered that Mr. Coor and Mr. McKenzie be appointed for the above purpose on the part of this House, and that the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

Mr. Coor and Mr. McKenzie are appointed on the part of this House to examine the Engrossed Bills.

The House adjourned till Monday morning 9 o'clock.

-------------------- page 574 --------------------

Monday, 1st February, 1779.

The House met.

Whereas, Philip Alston, Lieut. Colonel of Cumberland County, is now absent on the service of this State, and at this Critical period it is highly necessary that there should be a Commanding Officer in that County,

Resolved, that Mr. David Smith be appointed Colonel of Cumberland County, until the next Session of General Assemcly or the return of the said Philip Alston.

Ordered that the above Resolve, together with the following Message, be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House for appointing a Commanding Officer in Cumberland County, &c.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have thought proper to refer the Accounts formerly allowed Colo. William Graham to the joint Committee appointed to examine the Accounts of William Gilbert, and desire your Concurrence thereto.

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

Mr. Speaker & Gentlemen of the House of Commons:

We have received your Message proposing that the Committee appointed to examine the Accounts of William Gilbert be directed to reexamine the accounts of William Graham, to which we agree.

Received from the Commons following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House ordering the Regular Troops in and about Halifax to Kinston, Concurred with.

-------------------- page 575 --------------------

At the same time Received the Resolve of this House referred to in the foregoing Message.

Endorsed in the House of Commons 30th January, 1779, Concurred with.

Received from the Commons the following Message:

Mr. Speker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House in favour of Mr. Jesse Walton, &c.

Also the Resolve therein mentioned, which being read,

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

Mr. Speaker & Gentlemen of the House of Commons:

The Resolve of your House allowing Mr. Jesse Walton to draw a certain sum from the Treasury for the purpose of supplying the Troops ordered on the Indian Expedition, with provisions, you will with this receive, Concurred with.

Received from the Commons a Bill for dividing the County of Anson into two distinct Counties and other purposes therein mentioned.

Which was read the first time, passed and ordered to be sent to the Commons.

Also a Bill for Appointing Naval Officers in the different parts of this State and directing their duty in office, and for other purposes.

Which was read the first Time, passed and sent to the Commons.

Also a Bill to establish Courts of Chancery in this State and to regulate the manner of proceeding therein.

Which was read the first time, passed and sent to the Commons.

Also a Bill for apprehending and selling certain Slaves set free contrary to Law, and for confirming the Sales of others and for other purposes.

Which was read the second time, amended, passed and sent to the Commons.

-------------------- page 576 --------------------

Also a Bill to amend an act intitled an Act to amend an Act for establishing Offices for receiving Entries of Claims for Lands in the several Counties within this State; for ascertaining the Method of Obtaining Titles to the same, and for other purposes therein mentioned.

Which was read the first Time, passed and sent to the Commons.

Also a Bill to amend an Act entitled an Act for erecting a Prison in the town of Edenton, for the use of the District of Edenton.

Which was read the first Time, passed and sent to the Commons.

Also a Bill for establishing an Academy in the County of Granville, for appointing Trustees and other purposes.

Which was read the first time, passed and sent to the Commons.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Mr. Hewes, Mr. Hawkins and Mr. Bloodworth, a Committee on their part, to take under consideration the Remonstrance of Mr. Adam Boyd, on behalf of the Continental Officers and Soldiers from this State, &c.

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

Mr. Speaker & Gentlemen of the House of Commons:

We have received your Message appointing a Committee to consider of the Remonstrance of Mr. Adam Boyd, on behalf of the Continental Officers and Soldiers from this State, to which we agree and have on our part appointed Mr. Martin & Mr.———

Mr. Birdsong moved for leave and presented a Bill to lay off and establish a Town on a Tract of land near Chatham Court House, on a Tract of land formerly the property of Ambrose Edwards, now entered in the Land Office by Ambrose George, in said County.

Which was read the first time, passed and sent to the Commons.

Mr. Davis moved for leave and presented a Bill to empower the County Courts respectively to order the laying out public

-------------------- page 577 --------------------
Roads, &c., and other purposes therein mentioned.

Which was read the first Time, passed and sent to the Commons.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Mr. Hewes, Mr. Locke, Mr. Hawkins, Mr. Cogdell, Mr. Whitaker and Mr. Person, a Committee on their part, to act jointly with such Gentlemen of the Senate as may be appointed, to take under Consideration the Petition of Alexander Diack.

At the same time Received the Petition of the said Alex. Diack, which being read,

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

Mr. Speaker & Gentlemen of the House of Commons:

We have appointed Colo. Martin, Mr. Corr and Mr. Kinchen, to act with the Gentlemen by you appointed, to take under consideration the Petition of Alexander Diack.

On motion, a Bill for dividing Tryon County into two distinct Coonties and for other purposes, was read the second time amended, passed and sent to the Commons.

Received from the Commons a Bill to amend an act to regulate the Pilotage of Cape Fear and Ocracock Bars, and the Rivers leading from the same to Brunswick, Wilmington, New Bern, Bath and Edenton.

Which was read the first time, passed and sent to the Commons.

Also a Bill to amend an Act entitled an Act to impower the Courts for the Counties of Tryon and Guilford to lay a Tax by Assessment for finishing the Court House, Prison and Stocks in the said Counties, and also to impower the several Counties in the District of Wilmington to levy taxes for building a District and Gaol and Gaoler's House in the Town of Wilmington, and other purposes therein mentioned.

Which was read the first time, passed and sent to the Commons.

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

Received from the Commons the following Message:

A Bill to divide Craven County into two distinct Counties, &c.

by Nat Bryan.

A Bill for annexing part of Halifax to Edgecombe.

by J. Haywood.

A Bill for Dividing Hertford County.

by Mr. Baker, of C.

A Bill for dividing Guilford.

by J. Haywood.

Fee Bill to Clerks and Sheriffs, &c.

by J. Haywood.

Anson Bill.

by J. Haywood.

A Bill for vesting the property of a Bridge in Gideon Lamb.

by J. Haywood.

A Bill for establishing Naval offices.

by J. Haywood.

Governor Dobbs tract, No. 5.

by J. Haywood.

Cambden County.

by J. Haywood.

by J. Haywood.

Confiscation Act.

by J. Haywood.

Examined.


Tuesday, 2d February, 1779.

The House met according to adjournment.

Received from the Commons a Bill for levying a further Tax on the taxable property of the Inhabitants of Cambden County for the purpose of finishing and completeing the Court House, prison and Stocks for the said County.

Which was read the first time, passed and sent to the Commons.

Also a Bill for erecting a Battery at Currituck Inlet, and for other purposes.

Which was read the first Time, passed and sent to the Commons.

Also a Bill to invest the property of a Bridge or Causeway in Gideon Lamb, his Heirs and Assigns, by him already built thro. the great Dismal Swamp, from Lebanon to Cambden County, for the Term of thirty-five years.

-------------------- page 579 --------------------

Which was read the first time, passed and sent to the Commons.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House for enlarging the Parols of the Men and Officers therein mentioned.

Also the Resolve therein referred to, which being read, ordered that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Resolve of your House for enlarging the paroles of certain persons.

Concurred with.

Received from the Commons a Bill to prescribe the affirmation of Allegiance and Fidelity to this State, to be taken by the people called Moravians, Quakers, Mennonists and Dunkards, and granting them certain Indulgencies therein mentioned, and for other purposes.

Which was read the second time, amended, passed and sent to the Commons.

Received from the Commons a Bill for levying a tax for defraying the Contingencies of the several Counties in this State, and for other purposes therein mentioned.

Which was read the second time, amended, passed and sent to the Commons.

Also a Bill for extending the Boundary line between this State and the Commonwealth of Virginia.

Which was read the second time, amended, passed and sent to the Commons.

Also a Bill for altering the time of holding certain County Courts of Pleas & Quarter Sessions therein mentioned.

Which was read the second time, passed and sent to the Commons.

Also a Bill to lay off and establish a town near Chatham Court House, on the plantation and Land formerly the property of

-------------------- page 580 --------------------
Ambrose Edwards, now Entered in the Land Office by Ambrose George, in said County.

Which was read the second time, amended, passed and sent to the Commons.

Also a Bill for apprehending and selling certain Slaves set free contrary to law, and for confirming the Sales of others, and for other purposes, which was read the third time, passed and sent to the Commons.

Also a Bill to prevent stealing of Slaves, and for other purposes therein mentioned, which was read the second time and passed & sent to the Commons.

Also a Bill for establishing an Academy in the County of Granville, for appointing Trustees, and other purposes, which was read.

Then, on motion, ordered that Colonel Salter have leave to take out and amend said Bill.

Also a Bill to impower the County Courts of pleas & Quarter Sessions, in this State, to order the laying off public Roads, &c., and other purposes therein mentioned.

Which was read the second time, amended, passed and sent to the Commons.

And a Bill to impower the County Courts of Martin and Tyrrell to lay a further Tax for defraying the Expense of the public Buildings of the Counties aforesaid.

Which was read the third time, passed and sent to the Commons.

Whereas, it appears by a Resolve of the Continental Congress of the fifth of December, 1779, that the light Dragoons raised by this State should not be considered in the service of the United States after the first day of January, 1779; and,

Whereas, this State has no further Occasion for the Service of the said Troops, therefore,

Resolved, that the paymaster General do pay the aforesaid Troops from the aforesaid first day January up to the twelfth day of this month, and that they be thenceforth discharged from the Service of this State, and

Resolved, that the Quarter Master General demand and receive from the aforesaid Troops all such public Horses as may be in their possession, and sell them at public Sale and account for the same with the next General Assembly.

-------------------- page 581 --------------------

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

Mr. Speaker & Gentlemen of the House of Commons:

You will with this Receive a Resolve of this House for discharging the light Dragoons raised by this State, &c.

Received from the Commons a Bill to establish the Seat of Government for the State of No. Carolina, for erecting public Buildings and providing proper Offices for the public Officers, and for the reception of the Public Records, and other purposes therein mentioned.

Which was read the first time, passed and sent to the Commons.

Also a Bill for dividing the County of Guilford into two distinct Counties, and other purposes therein mentioned.

Which was read the third time, amended by consent of both Houses, passed and ordered to be Engrossed.

The House adjourned till tomorrow morning 9 o'clock.

———


Wednesday, 3d February, 1779.

The House met.

Mr. Ashe has leave of Absence from the Service of this House after tomorrow.

Received from the Commons a Bill for establishing an Academy in the neighbourhood of Hillsborough.

Which was read the third time, amended, passed and sent to the Commons.

Also a Bill to lay off and establish a Town near Chatham Court house on the plantation and Land formerly the property of Ambrose Edwards, now entered in the Land Office by Ambrose George, in said County.

Which was read the third time, passed and sent to the Commons.

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

Also a Bill for appointing Naval Officers in the different parts of this State and Directing their Duty in Office, and for other purposes.

Which was read the second time, amended, passed and sent to the Commons.

Also a Bill for extending the Boundary line between this State and the Commonwealth of Virginia.

Which was read the third time, amended, passed and sent to the Commons.

Also a 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 obtaining Titles to the same, and for other purposes therein mentioned.

Which was read the second time and ordered to lie on the Table.

Whereas, the present mode of appointing Justices of the peace for the several Counties in this State, and the very great number of persons already in Commission, calls loudly for the Interposition of the Legislative Authority of this State to prevent the manifest Injury which must otherwise ensue,

Resolved, therefore, that for the future no person shall be added to the Commission of the peace for any County in this State, unless it shall appear to the Satisfaction of the Governor for the time being that there are not at that time more than fifteen persons in the Commission of the peace for such County.

Resolved, that the Speakers of both Houses of this General Assembly are hereby requested to strike from the List of Justices the names of all such persons who have been heretofore recommended and not yet qualified agreeable to Law.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House restricting the number of Justices in the several Counties within this State.

Received from the Commons the following Message:

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

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House appointing Commissioners to erect Magazines for the reception of the Military Stores, &c., in this State.

Also the Resolve therein referred to, which being read, ordered that the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

The Resolve of your House appointing Commissioners to erect Magazines for the reception of Military Stores in this State you will with this Receive, concurred with.

Received from the Commons a Bill to enable the Inhabitants of a certain Tract of Land lying in Mecklenburg County, known by the name of Governor Dobbs Tract, number five, to make Entries thereof and obtain Titles for the same.

Which was read the second time, amended, passed and sent to the Commons.

Received from the Commons a Bill for dividing the County of Anson into two distinct Counties, and other purposes therein mentioned.

Which was read the second time, passed and sent to the Commons.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House for adding to the Delegation of this State in Congress, &c.

At the same time received the resolve of this House of Commons referred to in the foregoing Message, which being read, ordered that the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Resolve of your House for increasing the number of Delegates from this State in Congress, &c., Concurred with.

Received from the Commons the Bill for dividing Tryon County into two distinct Counties, and for other purposes.

-------------------- page 584 --------------------

Which was read the third time, amended, passed and sent to the Commons.

Mr. John Childs, the Member for Anson County, appeared and took his Seat.

Received from the Commons a Bill to carry into effect an act passed at New Bern, in November, in the year 1777, Entitled an Act for Confiscating the property of all such persons as are in imical to the United States, and of such persons as shall not within a certain time therein mentioned appear and submit to the State, whether they shall be received as Citizens thereof, and of such persons as shall so appear and shall not be admitted as Citizens, and for other purposes therein mentioned.

Which was read the first Time, passed and sent to the Com. mons.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House propose, if agreeable to the Senate, to Ballot at 4 o'clock in the afternoon for a Judge of the Superior Court in the stead of James Iredell, Esquire, resigned, two delegates to reppresent this State in Congress, one in the stead of John Williams, Esquire, resigned, the other to be added to the Delegation; a Brigadier General for the District of Wilmington, in the stead of General Ashe, promoted; A Councilor, in the room of William Gray, Esquire, deceased; A place for holding the next Assembly at; and put in Nomination for a Judge, John Williams (Granville) and Archibald Maclaine, Esquires; for Delegates, Joseph Hewes, Alexander Martin, William Sharpe and Thomas Barker, Esquires; for a Brigadier General, Alex. Lillington and Thomas Brown, Esqrs.; for a Councillor, Frederick Jones, Esquire; a place for holding the next Assembly at, the Towns of New Bern, Hillsboro and Campbelltown.

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

We have on our part appointed Mr. Person and Mr. Jno. Williams to superintend the Ballotting.

The same being read was concurred with.

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

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

Mr. Speaker & Gentlemen of the House of Commons:

We have received your Message proposing that the General Assembly ballot at 4 o'clock this Evening for the several Offices therein mentioned, to which we agree, and put in nomination for a Delegate to represent this State in Congress, Mr. Benjamin Hawkins.

Ordered that Messrs. Coor and Exum superintend the Balloting on the part of this House.

The House adjourned till tomorrow morning 9 o'clock.

———


Thursday, 4th February, 1779.

The House met.

Mr. Thompson has leave of absence from the service of this House after Saturday next.

Mr. Coor, who was appointed on the part of this House to superintend the Balloting for Delegates, a Councillor, Brigadier General, Judge of the Superior Court and place where the next Assembly shall sit, reported, that Joseph Hewes and William Sharpe, Esquires, were duly Elected Delegates to represent this State in Congress for the Ensuing year; that Frederick Jones, Esquire, was elected Councillor; Archibald Maclaine, Esquire, Judge of the Superior Court, and that New Bern was the place chosen for the next Assembly to sit at.

Whereas, Men have been raised in this State for the service of the United States, agreeable to the aid Bill passed in November, 1777, and as it appears said Bill has had the Effect intended by the Assembly who passed it, and as it may be requisite to raise and march the Militia to defend this or any of the United States,

Resolved, therefore, that the Governor, with the advice of his Council, be and he is hereby impowered whenever he shall find it absolutely necessary to order out so many of the Militia, agreeable to the Militia Law, as he may judge the nature of the occasion requires and to march them, under proper Officers, wherever they may be wanted.

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

-------------------- page 586 --------------------

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House empowering His Excellency the Governor to order out the Militia upon an Emergency.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Messrs. Person, Nash, Jones, Hawkins, Hewes, Hooper, Johnston, Cogdell and Respass, a Committee on their part to act jointly with a Committee of the Senate to take under Consideration the Memorial of James Iredell, Esquire, in behalf of Henry Eustace McKulloch.

Also a Message from Commons referring the Consideration of a Memorial of Thomas Benberry, Esq., in behalf of Thomas Oldham, and a Memorial from William Palmer in behalf of Robert Palmer, to the aforementioned Committee.

Which several Messages and papers relative thereto being read,

Resolved, that this House do not concur with the Commons in appointing a Committee for the aforesaid purposes, and that the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have received your Message referring the Consideration of several Memorials in behalf of Absentees to a Committee of both Houses, which we cannot concur with, the House being clearly of Opinion that the prayers of the said Memorials militate directly against the true Spirit and Intention of the Confiscation Act, and would be granting a partial Indulgence to a few Individuals who are equally as subject to the rigor of the Law as many others now in the same Situation.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence the Report of the Committee appointed to examine into the quantity of public Tobacco, and Concurred with by this House.

Also the report of the Committee referred to in the foregoing Message, which being read was concurred with.

-------------------- page 587 --------------------

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Report of the Committee appointed to examine into the Quantity of public Tobacco, &c., Concurred with by this House.

Mr. Kinchen has leave of absence from the service of this House after this day.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House in favour of the Inhabitants of the Island of Bermuda, Concurred with by this House.

At the same time received the Resolve of this House.

Endorsed in the House of Commons to February 1779, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House impowering any three Justices of the peace in Bladen County to appoint Assessors, for the purpose therein mentioned.

Also the Resolve of the Commons referred to in the foregoing message, which being read was Concurred with.

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

Mr. Speaker & Gentlemen of the House of Commons:

The Resolve of your House empowering any three Justices of the peace in Bladen County to appoint Assessors for a certain District in the said County, we herewith return you, Concurred with.

Received from the Commons a Bill to regulate and ascertain the Fees of Clerks in the Superior and County Courts, Justices of the peace, and Attornies in this State, and directing the Method of paying the same and other purposes.

-------------------- page 588 --------------------

Which was read the second time, amended, passed and sent to the Commons.

The House adjourned till tomorrow morning 9 o'clock.

———


Friday, 5th February, 1779.

The House met.

Colo. Salter presented the Bill for establishing an Academy in the County of Granville, for appointing Trustees, and other purposes, which he had leave to take out and amend.

Ordered that the said Bill be read, which was read accordingly the second time, amended, passed and sent to the Commons:

Received from the Commons the following Message.

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House in favour of Hance Bond, Captain of the Mariners, on board the Ship Caswell.

Also the Resolve of the Commons referred to in the foregoing Message, which being read was Concurred with.

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

Mr. Speaker & Gentlemen of the House of Commons:

The Resolve of your House in favour of Capt. Hance Bond we herewith return you Concurred with.

Colo. Salter, from the Committee appointed to consider of Ways & means to supply the State with Arms, &c., Reported as follows:

That a proper person or persons be appointed, with full power to purchase or charter good Swift sailing Vessels on account of the State; that they also purchase a quantity of good Tobacco and other Articles of Export, and lade therewith such Vessels as they may be able to procure and send them to France, Spain, Holland, or some of the French or Dutch West India Islands, and order in return good Muskets, with Bayonets, Powder, Lead, Flints, Blankets, Hats, Shoes, Cloth for Soldiers Cloathing, and Tent Cloth. That in doing this care should be taken to divide

-------------------- page 589 --------------------
the Risk of such homeward bound Cargoes as much as possible by putting part of each in different Vessels.

That Commissioners be employed in the Sea port Towns to purchase any of the said Articles as may be imported by private Adventurers or offered for sale, and that they be empowered to enter into Contracts with such merchants and Traders as may be willing to import any of the before mentioned articles on their own proper Account and risque, and that as soon as they have entered into such Contract they shall transmit a Copy to the Governor and Council.

That His Excellency the Governor be requested to grant Warrants on the Treasurers, from time to time, payable to such Commissioners on their making it appear to him that such sums as they apply for are absolutely necessary in order to carry the purposes hereby intended into Effect.

That the said Commissioners give Bond and Security to the Governor or Commander in chief in the sum of fifty thousand pounds, with Condition for their faithful Discharge of the Trust reposed in them, and that they lay their Accounts and proceedings before the General Assembly when thereto required.

The House taking the said Report into Consideration Concurred therewith.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence the Report of the Committee appointed to consider of Ways and means to supply the State with Arms, &c.

Concurred with by this House.

Received from the Commons a Bill to dock the Entails of Lands, which was read the first time, passed and sent to the Commons.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Mr. Hewes, Mr. Sessums and Mr. Johnston, a Committee, on their part, to act jointly with such Gentlemen of the Senate as may be appinted to examine and report on the accounts of Nicholas Long, Esq., Deputy Quarter Master General.

-------------------- page 590 --------------------

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

Mr. Speaker & Gentlemen of the House of Commons:

We have received your Message appointing a Committee to examine and report on the Accounts of Nicholas Long, Esquire, to which we agree, and have appointed Messrs. McKenzie, Coor and Sumner, a Committee.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence the Report of a Committee appointed to enquire into facts set forth in the Petition of Isaiah Paschal.

Concurred with by this House.

Also the Report of the Committee therein referred to, which being read was concurred with.

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

Mr. Speaker & Gentlemen of the House of Commons:

The Report of the Committee appointed to inquire into facts set forth in the Petition of Isaiah Paschal we herewith return you Concurred with.

Colo. Martin, from the joint Committee of both Houses, appointed to take under Consideration the Memorial of the Rev. Mr. Adam Boyd, respecting the supplies of the North Carolina Troops in the Continental Service, Reported as follows:

That the faithful Services of the Officers of the North Carolina Troops in the Continental Service justly claim the notice of the Legislature, who, from their scanty pay and the great price of goods, with difficulty make a decent appearance.

It is therefore the Opinion of your Committee that they be comfortably and decently clad at the expense of the State, which would in some measure soften the rigor of their duty and enable them to perform the same with Cheerfulness, and that the Commissary of Stores be authorized to draw for that purpose fifteen

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Thousand pounds from the Treasurer, which by the said Commissary shall be laid out in purchasing the following Articles of Clothing for every Officer now in said Service, to wit:

Cloth for a full suit of Cloaths, to contain one Coat, two Jackets and two pair of Breeches, Linen for four shirts and four Stocks, four pair of Stockings, one Hat, two Handkerchiefs, two pair of Shoes and one pair of Leather Boots.

Which said Articles shall be received from the Commissary aforesaid by the Quarter Master General of this State, who shall transmit the same to the Commanding Officer of said Troops or of separate corps of the same, by him to be distributed as a Gratuity of this State to every Officer as aforesaid.

Ordered that the foregoing Report, together with the following Message, be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

You will with this receive the Report of the joint Committee appointed to take under Consideration the Memorial of the Reverend Mr. Adam Boyd, Concurred with by this House.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Report of the Committee appointed to consider of ways and means to supply this State with Arms, &c., Concurred with.

At the same time received the Report of the Committee therein referred to.

Endorsed in the House of Commons 5th February, 1779, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Report of the Committee appointed to take under Consideration the Memorial of the Rev. Adam Boyd, Concurred with by this House.

At the same time received the Report of the Committee therein referred to.

Endorsed in the House of Commons 5th February, 1779, Concurred with.

-------------------- page 592 --------------------

Received from the Commons a Bill to empower the Court of Bertie County to levy a further Tax for compleating the public Buildings of said County and other purposes, which was read the third time, passed and sent to the Commons.

Received from the Commons a Bill to invest the property of a Bridge or Causeway in Gideon Lamb, his Heirs & Assigns, by him already built thro' the great Dismal Swamp, from Lebanon to Camden County, for the Term of twenty-five years.

Which was read the second time, amended, passed and sent to the Commons.

Also a Bill to establish Courts of Chancery in this State and to regulate the manner of proceeding therein.

Which was read the second time and rejected.

Then on motion, the Members who were against rejecting the said Bill entered the following protest:

Dissentient—

Because the want of such Courts has long been severely felt by great numbers of people, who can have no Redress in Courts of Law, and many of whom complain of hardships arising from Judgments of Law which equity alone can relieve.

Because, the System of English Jurisprudence is so interwoven with the present internal Policy of this State that any Considerable Innovation in the constituent parts thereof will be found not only inconvenient but almost impracticable, and from Time immemorial has been divided into two great Branches, each of which, upon different (tho' not inconsistent) principles, has for its great Object the Distribution of Justice.

Because, tho' that part of our Jurisprudence usually called the Common Law, forms the Basis of the whole, yet there are many Cases where it is necessary to apply to the conscience of the Party, who under the Solemnity of Religion may discover an undue advantage taken of his Adversary, Evidencies suppressed, Papers concealed, or a suit brought upon an Obligation secretly and bona fide discharged, in all which Cases the common Law affords no adequate or complete Relief.

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

Because, in particular the two great Cases of Mortgages and the ordering and compelling a specific Execution of Contracts, where the Common Law in the first Instance vests the Property absolute in the Mortgagee, upon the non payment at the day, and in the other case only gives a Compensation in Damages, which in many Cases will be far from being adequate, call aloud for the Establishment of such Courts, of which they are the proper Objects. There are also other Cases of Trust, unforeseen Accident, secret and artful Fraud, wherein Numbers of People at present, under the Impunity held forth to them by the Legislature, proudly and iniquitously triumph.

Because, the Declaration of the Bill of Rights, concerning a Trial by Jury, alluded to in the Debate, is a general Principle evidently affecting all Cases at Law, where that essential Mode of Trial is a necessary Barrier and Guard to our Liberties at Large, but cannot rationally, in our Opinion, affect the Establishment of that Court which the Constitution calls for, and which in its very Essence so far excludes the Idea or the Necessity of a Jury that they cannot exist together.

Because, notwithstanding the Trial by Jury was equally a favourite part of the English Constitution, and no people under Heaven have ever been more jealous of their Liberty than the Britons, yet they have found it necessary in that Country to have such a Court that has the Stamp of Antiquity, the Wisdom of Ages and all States a precedent for its support, for the peculiar & indispensable purposes it is meant to serve, without assigning it a Jury, and whose Proceedings by immediately applying to the Conscience of a Defendant and sifting Truth with the most penetrating Research, whenever it can be discovered, can neither admit or require a Jury.

Because, Courts of Law, thro' the Rigor of Form & Letter thereof, have been, and will be in many Instances, highly grievous to the subjects, without the Interposition of Courts of Equity, and they ought either to exist or be suspended together, we are convinced that any Attempt to give them a separate or confused Operation will only be found ridiculous and ineffectual, and we cannot think this Country non equal to the Business of framing an entire new Code of Laws for that purpose. We are concious of

-------------------- page 594 --------------------
having done our Duty in endeavouring to carry that Bill into Effect, and we desire by this protest to exculpate ourselves to our Country at large, to whom our Conduct is amenable.

Received from the Commons a Bill for appointing Naval Officers in the different ports of this State and directing their Duty in Office and for other purposes.

Which was read the third time, passed and Ordered to be Engrossed.

And a Bill to amend an Act entitled an Act to regulate the pilotage of Cape Fear & Ocracock Bars & the Rivers leading from the same to Brunswick, Wilmington, NewBern, Bath & Edenton.

Which was read the second time, passed and sent to the Commons.

The House adjourned till tomorrow morning 9 o'clock.

———


Saturday, 6th February, 1779.

The House met according to adjournment.

Ordered that the Clerk of this House make out the Estimate of allowances to the Members to Thursday next, inclusive, & that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have ordered their Clerk to make up the Estimate of allowances to the Members to Thursday next, inclusive.

Received from the Commons a Bill to regulate & establish a Militia in this State.

Which was read the second time, amended, passed and sent to the Commons.

Received from the Commons a Bill to amend an Act entitled an Act to impower the Courts for the Counties of Tryon and

-------------------- page 595 --------------------
Guilford to lay a Tax by Assessment for finishing the Court House, prison & Stocks, in the said Counties, and also to impower the several Counties in the District of Wilmington to lay Taxes for building a District Gaol & Gaoler's House in the town of Wilmington, and other purposes therein mentioned.

Which was read the second Time and Rejected.

Received from the Commons a Bill for the Ease & Convenience of the Militia in the West End of Rowan County.

Which was read the third time and Rejected.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence the Report of a Committee appointed to examine the payroll of Capt. Ptolemy Powell, Concurred with by this House, and a Resolve empowering the Treasurers, or either of them, to pay the amount of the said payroll.

Also the Resolve of the Commons and Report of the Committee referred to in the foregoing Message.

Which being read, Ordered that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Resolve of your House in favour of Cap. Powell, Concurred with.

Received from the Commons a Bill to carry into Effect an Act passed at NewBern, in the year 1777, entitled an act for confiscating the property of all such persons as are inimical to the United States, and of such persons as shall not with a certain Time, therein mentioned, appear & submit to the State, whether they shall be received as Citizens thereof, and of such persons as shall so appear & shall not be admitted as Citizens, and for other purposes therein mentioned & for other purposes.

Which was read the second time, amended, passed and sent to the Commons.

The House adjourned till Monday morning 9 o'clock.

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

Monday, 8th February, 1779.

The House met.

Ordered that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have appointed Mr. Coor and Mr. Sumner, to act with such Gentlemen as you may appoint, to receive the Old proclamation Money from the Treasurers and burn the same this Evening.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House in favour of the Reverend Mr. Adam Boyd.

Also the Resolve of the Commons therein referred to.

Which being read, Ordered that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith Return the Resolve of your House in favour of the Revd. Adam Boyd, Concurred with.

Resolved, that all the old proclamation Monies which have been bona fide received by the Collectors of the several Districts within this State on or before the first day of February last, and since paid into the Hands of the Sheriff, shall be accounted for by the Treasurer with said Sheriff as if the same had been paid into his Hands on or before the Time aforesaid.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House empowering the Treasurer to receive such old proclamation Money as the Collectors had received bona fide before the first day of February.

-------------------- page 597 --------------------

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have received your Message appointing certain Gentlemen to receive of the Treasurer the old proclamation money and burn the same this Evening, and have for that purpose, on our part, appointed Messrs. Hunter, Williams (Caswell), Jordan, Mayo, Bloodworth, Relfe and Fifer.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence the Report of the Committee appointed to re-examine the accounts of William Gilbert.

Also a Resolve of this House thereon.

At the same time Received the Report of the aforementioned Committee and the Resolve of the House of Commons thereon.

Which being read ordered that the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Report of the Committee appointed to re-examine the accounts of William Gilbert and the Resolve of your House thereon, Concurred with.

Received from the Commons a Bill for ascertaining what property in the State shall be deemed taxable property, the method of assessing the same, and collecting the public Taxes and other purposes.

Which was read the third time, amended, passed and sent to the Commons.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House empowering the Treasurer to receive the old proclamation money therein mentioned, Concurred with.

Also the Resolve of this House therein referred to.

Endorsed in the House of Commons, 8th February, 1779.

Concurred with.

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

Received from the Commons a Bill for regulating the Town of NewBern and other purposes therein mentioned.

Which was read the third Time, passed and Ordered to be Engrossed.

Received from the Commons a Bill for establishing an Academy in the County of Granville, for appointing Trustees, and for other purposes.

Which was read the third time and Rejected.

Received from the Commons a Bill to enable the Inhabitants of a certain Tract of Land lying in Mecklenburg County, known by the name of Governor Dobbs Tract, number five, to make Entries thereof and obtain Titles for the same.

Which was read the third time, passed and ordered to be Engrossed.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House directing Mr. James Green to pay a certain sum of Money into the public Treasury, which is in his hands, for certain Tory and public Horses sold by him.

Also the Resolve of the Commons referred to in the foregoing Message.

Which being read, was concurred with.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Resolve of your House directing Mr. James Green to pay a certain Sum of Money into the Treasury, &c., Concurred with.

A letter from His Excellency the Governor to the General Assembly, and a letter from the Delegates of this State in Congress to his Excellency, was read.

Ordered that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have received and considered a Letter from His Excellency the Governor, and a Letter from the Delegates from

-------------------- page 599 --------------------
this State to His Excellency, which we propose referring to a joint Committee of both Houses, and have appointed Messrs. Martin, Coor, Rogers, and Davis.

Received from the Commons a Bill for levying a further Tax on the taxable property of the Inhabitants of Cambden County, for the purposes of finishing and compleating the Court House, prison and Stocks for the said County.

Which was read the second time, passed and sent to the Commons:

Also a Bill for erecting a Town in the County of Washington.

Which was read the second time, passed and sent to the Commons.

Also a Bill for raising forces for the defence of this and the neighbouring States, and other purposes.

Which was read the second time, amended, passed and sent to the Commons.

Also a Bill to dock the Entails of Land.

Which was read the second Time and rejected.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have received the Message of yours appointing certain Gentlemen therein mentioned to act jointly with a Committee of this House to take under Consideration the Letters, &c., therein referred to, and have for that purpose, on our part, appointed Messrs. Nash, Hooper, Jones, and Locke.

The House adjourned till tomorrow morning 9 o'clock.

———


Tuesday, 9th February, 1779.

The House met.

Resolved, that the Treasurers, or either of them, pay Mr. Chas. Waddell, for himself and Guard, for conveying prisoners to Salisbury Gaol, the sum of Eleven pounds five shillings, and be allowed the same in their public Accounts.

Ordered that the above Resolve, together with the following Message, be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House

-------------------- page 600 --------------------
in favor of Charles Waddell. For your further Information we send you said Waddell's account.

Resolved, that Colo. Wm. Bryan, of Johnston County, be allowed two Hundred and seventy one pounds twelve shillingsand eleven pence for that sum by him expended on behalf of the public; that the Treasurers, or either of them, pay him the same and be allowed.

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

Mr. Speaker & Gentlemen of the House of Commons:

Herewith you will receive a Resolve of this House in favour of Colo. Wm. Bryan, of Johnston County, together with his Account, which we send for your Concurrence.

Resolved, that Dr. Charles Pasteur be allowed the sum of One Hundred & ten pounds for Medicines furnished sundry sick Soldiers at Halifax, and administering the same, and that the Treasurers, or either of them, pay him the same, who shall be allowed, &c.

Ordered that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the Commons:

We herewith send for your Concurrence a Resolve of this House in favor of Charles Pasteur, Esquire.

Resolved, that Mr. William Woolton be allowed a further sum of five thousand pounds to enable him to comply with the Contracts he has made for provisions. That the Treasurers be directed to pay him the same, who shall be allowed in his account.

Ordered that the above Resolve, together with the following Message, be sent to the Commyns:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House in favour of Mr. William Woolton.

Received from the Commons a Bill to amend part of an Act entitled an Act for emitting Eight hundred and fifty thousand pounds in Bills of Credit for discharging the Debts incurred by this State, &c., &c., &c.

Which was read the second time, amended, passed and sent to the Commons.

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

Received from the Commons a Bill to prescribe the Affirmation of Allegiance and Fidelity to this State to be taken by the people called Moravians, Quakers, Mennonists & Dunkards and granting them certain Indulgencies therein mentioned, and for other purposes.

Which was read the third time, passed and sent to the Commons.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House allowing Messrs. Savage & Westmore a certain Sum therein mentioned.

Also the Resolve of the Commons therein referred to, which being read was Concurred with.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith Return the Resolve of your House in favour of Messrs. Savage & Westmore, concurred with by this House.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send you the Petition of John Cruden, Sen., which we have thought proper to refer to the Committee appointed to take under Consideration the Memorial, rejected, of James Iredell, Esquire.

We also propose that the same Committee take under Consideration the Memorial of the Honble. Thomas Benbury, Esquire, in behalf of Thomas Oldham, late of Chowan County, and desire your Concurrence thereto.

The foregoing Message being taken into Consideration, resolved that it be rejected.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House in favour of Charles Waddell, Concurred with.

At the same time Rec'd the Resolve of this House referred to in the foregoing Message.

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

Endorsed in the House of Commons 9th February, 1779, Concurred with.

Received from the Commons a Bill for altering the times of holding certain County Courts of pleas & Quarter Sessions therein mentioned.

Which was read the third time, passed and sent to the Commons.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House in favour of Colo. William Bryan, of Johnston County, Concurred with.

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

Endorsed in the House of Commons 9th February, 1779, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House in favour of Mr. William Wooten, Concurred with.

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

Endorsed in the House of Commons 9th February, 1779, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House in favour of Charles Pasteur, Esq., Concurred with.

At the same time Received the Resolve of this House referred to in the foregoing Message.

Endorsed in the House of Commons 9th February, 1779, Concurred with.

Received from the Commons a Bill to amend an Act for erecting a Prison in the Town of Edenton, for the use of the District of Edenton.

Which was read the second time, passed and sent to the Com mons.

Received from the Commons the following Message:

-------------------- page 603 --------------------

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a Resolve of this House permitting William Gilbert to resign the Office of a Justice of the peace of Tryon County.

Also the Resolve therein referred to, which being read was concurred with.

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

Mr. Speaker & Gentlemen of the House of Commons:

This House unanimously agree that Mr. Gilbert shall resign his Office as a Justice of the peace.

Received from the Commons a Bill to amend an Act entitled an Act to amend an Act for establishing Offices for receiving Entries of Claims for Lands in the several Counties within this State, for ascertaining the Method of obtaining Titles to the same, and for other purposes therein mentioned.

Which was read the second Time, amended, passed and sent to the Commons.

Also a 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 obtaining Titles to the same, and for other purposes therein mentioned.

Which was read the second time and Rejected.

Received from the Commons a Bill to regulate and ascertain the Fees of Clerks in the Superior & County Courts, Justices of the peace, and Attornies, in this State and directing the Method of paying the same, and other purposes.

Which was read the third time, amended and, by the Consent of both Houses, passed and ordered to be Engrossed.

Received from the Commons a Bill for dividing the County of Anson into two distinct Counties, and other purposes therein mentioned.

Which was read the third time, amended, by Consent of both Houses, passed and Ordered to be Engrossed.

Also a Bill to invest the property of a Bridge or Causeway in Gideon Lamb, His Heirs & Assigns, by him already built thro. the great Dismal Swamp from Lebanon to Cambden County, for the term of twenty five years.

-------------------- page 604 --------------------

Which was read the third time, passed and ordered to be Engrossed.

Resolved, that Doctor Charles Pasteur be allowed a further Sum of One Hundred and fifty-two pounds seventeen Shillings, being the Ballance of his account.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House in favour of Dr. Charles Pastuer, being the Ballance of his account, it sufficiently appearing that the account is justly due.

Received from the Commons a Bill for levying a Tax for the year 1779 and other purposes.

Which was read the third time, passed and sent to the Commons.

Also a Bill to amend an Act entitled an Act to regulate the Pilotage of Cape Fear and Ocracock Bars, and the Rivers leading from the same to Brunswick, Wilmington, NewBern, Bath & Edenton.

Which was read the third time, passed and Ordered to be Engrossed.

Also a Bill for erecting a Town in the County of Washington.

Which was read the third time, amended and Rejected.

The House adjourned till tomorrow morning 9 o'clock.

———


Wednesday, 10th February, 1779.

The House met.

Whereas, from the rapid Rise of every necessity of life, it is expedient to raise the Salaries of many of the public Officers of this State.

Resolved therefore, that for the future His Excellency the Governor be allowed after the rate of three thousand pounds per Annum, the Members of the Council of State at the rate of four pounds per Day while in Service of the public, Secretary at the rate of One Thousand pounds per Annum, the Judges of the Superior Court two Hundred & fifty pounds each per Court, the Attorney General at the rate of One thousand pounds per Annum,

-------------------- page 605 --------------------
and the Treasurer at the rate of Two thousand pounds per Annum.

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

Mr. Speaker & Gentlemen of the House of Commons:

Herewith you will Receive a Resolve of this House for raising the Salaries of several of the public Officers of this State.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House in favour of Doctor Charles Pasteur concurred with.

Also the resolve of this House referred to in the foregoing Message.

Endorsed In the House of Commons 9th February, 1779, Concurred with.

Received from the Commons a Bill for levying a further Tax on the taxable property of the Inhabitants of Camden County, for the purpose of finishing and compleating the Court House, prison and Stocks, for the said County.

Which was read the third Time, passed and ordered to be Engrossed.

Mr. Coor, who was appointed on the part of this House to receive the old Money from the Treasurer & see the same burned, reported that he attended, and that the Committee received of Gen. William Skinner, the Northern Treasurer, the sum of Twenty-two thousand seven Hundred and ninety-one pounds seven shillings, which was burned and destroyed.

Resolved, that Thomas Sitgreaves, Sen., of New Bern, Nathan Revis, of Washington, and Joseph Collins, of Edenton, or any two of them, be and they are hereby empowered and required to purchase or charter two good well found swift sailing Vessels for the use of this State.

Resolved also, that Benjamin Hawkins be and he is hereby appointed Commercial Agent for the State, and that His Excellency the Governor be requested to commission him accordingly, and that the said Hawkins do purchase two Hundred hogshead of good Tobacco to be shipped on board the Vessels directed to be purchased by the aforesaid Commissioners, and that he proceed

-------------------- page 606 --------------------
as soon as may be to France, Spain, Holland, or elsewhere, for the express purpose of purchasing and importing necessaries for this State, to-wit: Muskets with Bayonets, Powder, Lead, Flints, Blankets, Hats, Cloth for Soldiers Cloathing, Tent Cloth, &c. That in doing this he should take particular care to divide the risque of such goods in as many homeward bound Vessels as possible, and that he govern himself by such Instructions as he shall from time to time receive from His Excellency the Governor. That the Governor be required to issue Warrants on the Treasury in favor of the aforesaid Commissioners and Agent for such Sums as will be necessary to carry this Resolve into Effect, they giving Bond & Security for the due application of the same.

Resolved, that if either of the above Mentioned Commissioners or the Agent should resign or refuse to act the Governor & Council be and they are hereby empowered and required to appoint others in their stead.

That the aforesaid Commissioners be and they are hereby empowered to purchase such Arms, Cloathing, Tent Cloth, &c., as shall be offered for sale in this State, and that they be allowed the usual Commission for such Services.

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

Mr. Speaker & Gentlemen of the House of Commons:

You will with this Receive a Resolve of this House appointing persons for certain purposes therein mentioned, which we send for your Concurrence.

Colo. Martin has leave of absence from the Service of this House after today.

Resolved, that Colo. Robert Salter be recommended to His Excellency the Governor as a proper and suitable person to command the Detachment which may be sent from the Militia of this State as an escort to the Commissioners for running the dividing line between this State and the State of Virginia, in case any such Detachment should be deemed necessary.

Ordered that the above Resolve, together, with the following Message, be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House recommending Colo. Robr. Salter to the Command of the

-------------------- page 607 --------------------
Detachment to be ordered as an escort to the Commissioners who are to run the dividing line between this State and the State of Virginia.

Received from the Commons a Bill to amend an Act entitled an Act for erecting a Prison in the Town of Edenton for the use of the District of Edenton, and for other purposes.

Which was read the third time, amended by consent of both Houses, passed and ordered to be Engrossed.

Resolved, that the Commissary of Stores be directed to pay Dr. William Savage the sum of Eight Hundred & Eighty-four pounds twelve shillings, being the amount of sundries delivered by Thomas Sitgreaves & Son in behalf of said Savage to Colo. Chariol's Troops, by order of His Excellency the Governor.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House in favour of Dr. William Savage.

Whereas, the great Delay in the Settlement of the Continental Debt of this State has been occasioned from the public Account of the same, and the Individuals thereof being so complicated and perplexed that the Committee of the General Assembly, as heretofore appointed, have not Leisure or time during the Session to adjust the same.

Resolved, therefore, that a Board of Auditors be appointed and constituted consisting of three Gentlemen of Skill and Abilities in Accounts, who shall examine and State all former public and private Accounts and Claims and lay the same before the next General Assembly, and in order to prevent any Impositions on the public that the said Auditors keep Books well bound in which they shall State all accounts so examined against the United States and Inhabitants of this State since the Commencement of the present War with Great Britain; and,

Resolved also, that Messrs. Christopher Neale, John Sitgreaves and John Hunt, or any two of them, be and they are hereby appointed Auditors for the purpose aforesaid, who shall be allowed the Sum of One thousand pounds each, and such other Sums as a future Assembly may think their Services merit; And, in case of

-------------------- page 608 --------------------
the Death, removal or refusal to act of any of the said Auditors, that His Excellency the Governor be and he is hereby empowered to appoint another person of Skill and Abilities in the Room of the person or persons so dying, removing or refusing to act; and,

Resolved further, that the said Auditors, or a Majority of them, shall have free access to all public papers & accounts, and shall have power to remove the same to any place they shall think most convenient.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House appointing Auditors to settle and adjust the public Accounts.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence the Report of the Committee appointed to consider His Excellency the Governor's Letter, together with a Letter from the North Carolina Continental Delegates, Concurred with by this House.

Also the Report of this Committee relative to His Excellency's Letter, &c.

Which being read, was Concurred with.

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

Mr. Speaker & Gentlemen of the House of Commons:

We return you with this the Report of the Committee appointed to consider the letter of His Excellency the Governor, and a letter from the North Carolina Continental Delegates, &c., Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House appointing persons for purposes therein mentioned, Concurred with.

Also the Resolve of this House relative to Commissioners for purchasing Vessels, &c., referred to in the foregoing Message.

Endorsed in the House of Commons 10th February, 1779, Concurred with.

-------------------- page 609 --------------------

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House recommending Colo. Robert Salter to the Command of the Detachment ordered as an Escort to the Commissioners, &c., Coucurred with.

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

Endorsed in the House of Commons 10th February, 1779, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House in favour of Doctor William Savage, Concurred with.

At the same time Received the Resolve of this House referred to in the foregoing Message.

Endorsed in the House of Commons 10th February, 1779, Concurred with.

Received from the Commons a Bill to prevent stealing of Slaves and other purposes.

Which was read the third time, passed and sent to the Commons.

The House adjourned till tomorrow morning 9 o'clock.

———


Thursday, 11th February, 1779.

The House met.

Colo. Rogers, from the Committee appointed to reconsider the accounts of Mr. Graham, reported as follows:

The Depositions exhibited by Mr. Gilbert, against Mr. Graham, appeared to your Committee to have been improperly taken, and, upon examining Mr. Graham's Accounts, we find by the Vouchers that he hath received no more money from the public than what he was justly entitled to, and lastly, upon thoroughly investigating the Charges alledged against Mr. Graham, we find them to to have been malicious and groundless.

All which is submitted.

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

The House taking said Report into consideration, Concurred therewith, and ordered that the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence the Report of the Committee appointed to examine the Accounts of Wm. Graham, Concurred with by this House.

Resolved, that Whitmell Hill, Esquire, be allowed the sum of Two Hundred and fifty-two pounds five shillings and two pence, being the Ballance of Bounty money advanced by him to the Volunteers & Ballotted Men of Martin County.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House allowing Whitmell Hill, Esquire, a certain sum of money advanced to the Volunteers & Ballotted Men of Martin County.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House appointing John Hunt to settle the public Accounts, which passed this House some Days ago.

Also the Resolve of the House of Commons referred to in the foregoing Message.

Which being read was rejected, and ordered that the following Message be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have received your Message appointing Mr. John Hunt, Sole Auditor, &c., and cannot concur therewith.

This House would wish to avoid giving the public Reason to say that instead of employing Men adequate to the Service of the State we endeavour to render offices Suitable to the convenience of the Individuals.

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

We hope the Commons will reconsider the Resolution of this House appointing three Auditors, and adopt the same; otherwise the Senate consider this as a protest against the proceedings of the Commons, who, from partiality to an Individual, deny Justice to the public.

Received from the Commons the following Message:

This House have Resolved that William Bryan have leave to resign his Command as Colo. of Johnston County, as also the Office of a Justice of the peace, agreeable to his request herewith sent you, and desire your Concurrence.

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

Mr. Speaker & Gentlemen of the House of Commons:

This House have received your Message permitting Mr. Bryan to resign the Command of Johnston County and his Office of a Justice of the peace.

With which we concur.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have ordered their Clerk to make out the Estimate of allowances to include to-morrow.

Ordered that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House concur with yours in ordering the Clerks to make out the Estimate to include to-morrow.

Resolved, that Mr. William Amis be allowed to draw the sum of four thousand pounds from the Treasury, who shall account with the next Assembly for the same.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your concurrence a Resolve of this House in favour of Mr. William Amis.

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

The Petition of Joshua Parker, setting forth that he was taken up as a Vagrant & turned into the Continental Service, being read & it appearing that the measure was unjust,

Resolved that the said Joshua Parker, be and he is hereby discharged from the service.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House for discharging a certain Joshua Parker from the Continental Service.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith return the Resolve of your House in favour of Whitmell Hill, Esquire, Concurred with.

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

Endorsed in the House of Commons 11th February, 1779, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House in favour of William Amis, Concurred with.

At the same time received the Resolve of this House referred to in the foregoing Message:

Endorsed in the House of Commons 11th February, 1779, Concurred with.

Received from the Commons a Bill to carry into Effect an act passed at New Bern in November, in the year one thousand seven hundred & seventy-seven, intitled an act for confiscating the property of all such persons as are inimical to the United States, and of such persons as shall not within a certain Time therein mentioned appear an submit to the State whether they shall be received as citizens thereof, and of such persons as shall so appear and shall not be admitted as citizens, & for other purposes therein mentioned & for other purposes.

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

Which was read the third time, amended by consent of both Houses, passed and Ordered to be Engrossed.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House for authenticating a plan of the Town of New Bern by a Certificate Endorsed thereon and signed by the Speakers of both houses.

Also the Resolve therein referred to, which being read was concurred with.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Resolve of your House for authenticating the plan of New Bern, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House for discharging a certain Joshua Parker from the Continental Service, concurred with by this House.

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

Endorsed in the House of Commons 11th February, 1779, Concurred with.

Received from the Commons a Bill to Regulate & establish a Militia in this State.

Which was read the third time, amended by consent of both Houses, passed and ordered to be Engrossed.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your Concurrence the Report of the Committee appointed to settle the Accounts of Nicholas Long, Esq., Deputy Quarter Master General, Concurred with by this House.

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

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

Ordered that the following Message be sent to the Commons:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the Report of the Committee appointed to settle the accounts of Nicholas Long, Esq., concurred with.

Received from the Commons a Bill to amend part of an Act entitled an Act 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 & other purposes.

Which was read the third time, passed & ordered to be Engrossed.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have Resolved that Benjamin Blount have leave to resign the office of Colonel of Tyrrell County & desire your Concurrence.

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

Mr. Speaker and Gentlemen of the House of Commons:

We concur with your Resolve relative to Mr. Blount's resigning his Command in Tyrrell County.

The House adjourned till tomorrow morning 9 o'clock.

———


Friday, 12th February, 1779.

The House met.

Received from the Commons a Bill to amend an Act entitled an Act to amend an Act for establishing offices for receiving Entries of Claims for Lands in several Counties within this State, for ascertaining the Method of obtaining Titles to the same & for other purposes therein mentioned.

-------------------- page 615 --------------------

Which was read the third time, amended by Consent of both Houses, passed and Ordered to be Engrossed.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House allowing Nathan Williams a certain sum therein mentioned.

Also the Resolve therein referred to, which was read and concurred with.

Also the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House allowing John Armstrong a certain sum therein mentioned.

Also the resolve therein referred to, which was read & concurred with.

Also the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House in favour of Mr. Agerton.

Also the Resolve therein referred to, which was read & concurred with.

Also the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House in favour of William Wilkinson.

Also the Resolve therein referred to, which being read was concurred with.

Also the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence the Report of a Committee appointed to examine the Accounts of Cap. Christopher Dudley, Concurred with.

Also the Report of the Committee aforementioned.

Which being read, was concurred with.

-------------------- page 616 --------------------

Also the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence the Report of a Committee appointed to take under Consideration the Petition of Corlin Wallard and William Coughton, Concurred with by this House.

Also the Report of the Committee therein referred to, which being read was concurred with.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Resolve of your House in favour of Cap. Nathan Williams, Concurred with.

We also concur with the Report of the Committee relative to Mr. Christopher Dudley.

We also concur with your Resolve in favour of John Armstrong, & you will likewise receive your Resolve in favour of Agerton, Concurred with.

The Resolve in favor of William Wilkinson we likewise concur with, & the Report of the Commons relative to Corlin Wallard & William Coughton.

Whereas, at the present alarming Situation of affairs it is absolutely necessary that there should be a Commanding Officer in the County of Cumberland;

Resolved therefore, that Colo. David Smith be and he is hereby appointed Colo. Commandant Cumberland County, until the return of——.

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

Mr. Speaker & Gentlemen of the House of Commons:

We have appointed Col. Graham & Mr. Shepherd to act with the Gentlemen by you appointed to consider and report upon sundry letters, &c.

Received from the Commons the following Message:

-------------------- page 617 --------------------

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House for Discharging the light Dragoons raised by this State.

Also the Resolve of this House.

Endorsed in the House of Commons 12th February, 1779, Concurred with.

Received from the Commons a Bill for raising forces for the defence of this & the Neighboring States, and other purposes therein mentioned.

Which was read the third time, passed & Ordered to be Engrossed.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House appointing Colo. David Smith Commandant Colonel of Cumberland County, and the Resolve for disarming the disaffected persons in this State, Concurred with.

At the same time Received the Resolve of this House appointing Colo. Smith & the resolve for disarming the Disaffected persons, &c.

Endorsed in the House of Commons 12th February, 1779, Concurred with.

Mr. Coor who was appointed on the part of this House to consider and examine the Accounts of Thomas Craike, Esquire, Deputy Commissary General of Stores, made report, which being read was Concurred with.

Ordered that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence the Report of the Committee appointed to examine the Accounts of Thomas Craike, Esquire, Concurred with by this House.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Report of the Committee appointed to

-------------------- page 618 --------------------
examine the Accounts of Thomas Craike, Esquire, Concurred with.

At the same time Received the Report of the aforementioned Committee.

Endorsed In the House of Commons 12th February, 1779, Concurred with.

Resolved, that Colo. Nicholas Long, Deputy Quarter Master General, be requested immediately to send off for Salisbury & deliver to Mr. Mathew Lock One thousand pounds of Gun powder and twice the quantity of Lead for the service of the Troops now to be raised.

Ordered that the Above Resolve, together with the following Message, be sent to the House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

Herewith you will receive a Resolve of this House for conveying Powder, &c., to Salisbury, which we send for your Concurrence.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence the Report of the Committee appointed to consider and report upon the Letters from the Frontiers, &c., concurred with by this House.

At the same time received the Report of the Committee aforementioned, which being read was concurred with.

Ordered that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

Herewith you will receive the Report of the Committee appointed to consider and report upon the Letters from the Frontiers &c., concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have resumed the Consideration of the Resolve of your House ascertaining the pay of several State Officers, which we herewith return you concurred with.

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

At the same time Received the Resolve this of House referred to in the foregoing Message.

Endorsed in the House of Commons 12th February, 1779, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House for conveying powder, &c., to Salisbury, Concurred with.

At the same time Received the Resolve of this House referred to in the foregoing Message.

Endorsed in the House of Commons 12th February, 1779, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House allowing Thomas Craike, Esquire, Commissary of Stores, a certain sum therein mentioned.

At the same time Received the Resolve of the Commons referred to in the foregoing Message, which being read was Concurred with.

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

Mr. Speaker & Gentlemen of the House of Commons:

You will with this Receive the Resolve of your House in favour of Thomas Craike, Esq., Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House impowering the Justices within the several Counties in this State to seize and secure disaffected persons, &c.

At the same time received the Resolve therein referred to, which being read was concurred with.

-------------------- page 620 --------------------

Also the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House allowing General William Skinner a certain sum therein mentioned.

At the same time received the Resolve of the Commons referred to in the foregoing Message, which being read was concurred with.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Resolve of your House empowering the Justices in the several Counties of this State to secure disaffected persons, Concurred with.

We likewise concur with your Resolve in favor of General Skinner.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House requesting the Speakers of both Houses to send Expresses to Governor Caswell and the Governor of Virginia, for purposes therein mentioned.

At the same time Received the Resolve of the Commons referred to in the foregoing Message, which being read was Concurred with.

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

Mr. Speaker & Gentlemen of the House of Commons:

Your Resolve requesting the Speakers of both Houses to send Expresses to Governor Caswell, &c., we herewith return you, Concurred with.

Received from the Commons the following Message:

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

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House recommending to his Excellency the Governor to remove certain prisoners now in Johnston County.

At the same time received the Resolve of the Commons referred to in the foregoing Message, which being read was concurred with.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Resolve of your House for removing certain prisoners, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House recommending to his Excellency the Governor to dispatch a Sum of Money to Brigadier General Lock, for the purposes of beginning the March of the Militia.

At the same time Received the Resolve of the Commons referred to in the foregoing Message, which being read was concurred with.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Resolve of your House recommending to the Governor to send a sum of Money to Brig. Gen. Lock, for the purposes therein mentioned, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House appointing Officers to command the light Horse to be raised.

At the same time received the Resolve of the Commons referred to in the foregoing Message, which was read and concurred with.

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

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Resolve of your House appointing Officers to the Command of the Light Horse to be raised, &c., concurred with by this House.

The House adjourned till Monday morning 9 o'clock.

———


Saturday, 13th February, 1779.

The House met.

Resolved, that Messrs. Coor & Davis examine, correct and prepare for the press the Acts of this Assembly, so far as any Clerical Mistakes may appear therein.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House appointing persons to examine & revise the Acts of Assembly.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House directing the Commissary of Stores to deliver to John Whitaker a quantity of Ammunition.

At the same time received the Resolve referred to in the above, which being read, Ordered the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

You will with this receive the Resolve of your House directing the Commissary of Stores to deliver Ammunition, &c., to Colo. Whitaker, Concurred with.

Received from the Commons the following Message:

-------------------- page 623 --------------------

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House directing the printers to print certain Acts of the Assembly, and transmit the same to the respective Districts, immediately.

At the same time received the Resolve of the Commons referred to in the foregoing Message.

Endorsed in the Senate 13th February, 1779. Read & Concurred with.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Resolve of your House directing the printers to strike off certain Acts therein mentioned, with which we concur.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith return the Resolve of your House appointing Gentlemen to receive & prepare for the press the Acts of Assembly, concurred with.

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

Endorsed in the House of Commons 13th February, 1779, Concurred with.

On motion the Bill for confirming certain Grants of Land in East Granville District, made by Thomas Child, Esquire, agent for said East Granville, after his Departure from Edenton, in North Carolina, and during his Residence in Suffolk, in Virginia, and for other purposes, was read the third time and rejected.

The Business of the Session being Ended,

Resolved, that Mr. Speaker & the Clerk of this House sign the Journals as the Acts of the Senate.

ALLEN JONES, S. C.
By order
Sitgreaves, Ch.
-------------------- page 624 --------------------

List of Members:
Ephraim McLean.
Willm. Graham.
Griffith Rutherford.
Samuel Johnston.
Elisha Battle.
Jasper Charlton.
James Kenan.
Robert Irwin.
Ambrose Ramsay.
John Childs.
John Hogan.
Samuel Smith.
John Devane,
Benj. Seawell.
Allen Jones.
Edwd. Salter.
Henry Rhodes.
John Faulcon.
Nathan Boddie.
John Rand.
John Gray.
Benj. Exum.
Oroondates Davis.
John Collins.
Memucan Hunt.
Thomas Owen.
Thomas Respass.
Kenneth McKenzie.
Colo. William Thompson.
George Wynns.
Thomas Relfe.
James Sanders.