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Colonial and State Records of North Carolina
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Minutes of the North Carolina Senate
North Carolina. General Assembly
May 03, 1779 - May 15, 1779
Volume 13, Pages 735-783

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SENATE JOURNAL.


State of North Carolina. In Senate 3d May, 1779.

At a General Assembly begun and holden at Smithfield, on the third day of May, in the year of our Lord One thousand seven Hundred and Seventy-nine, and in the third year of the Independence of the said State, being the first Session of this Assembly.

The returning Officers for the several Counties within this State certified that the following persons were duly Elected to represent said Counties in Senate to-wit, for the County of Anson:

Anson—John Childs.
Brunswick—
Beaufort—Thomas Respass, junr.
Bladen—Thomas Owen.
Bertie—Jasper Charlton.
Burke—Ephraim McLean.
Craven—
Chowan—Samuel Johnston.
Cumberland—
Chatham—Ambrose Ramsay.
Currituck—
Camden—John Gray.
Carteret—William Thompson.
Caswell—
Dobbs—Benjamin Exum.
Duplin—James Kenan.
Edgecombe—Elisha Battle.
Franklin—Benj. Seawell.
Granville—Memucan Hunt.
Guilford—
Gates—
Hertford—George Wynn.
Hyde—
Halifax—Oroondates Davis.
Johnston—Samuel Smith.
Jones—
Lincoln—William Graham.
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Martin—Kenneth McKenzie.
Montgomery—
Mecklenburg—Robert Irwin.
Nash—Nathan Boddie.
New Hanover—John Devane.
Northampton—Allen Jones.
Orange—John Hogan.
Onslow—Henry Rhodes.
Perquimans—
Pasquotank—Thomas Relfe.
Pitt—Edward Salter.
Rutherford—
Randolph—John Collier.
Rowan—Griffith Rutherford.
Surry—
Tyrrell—
Wilkes—
Washington—
Warren—John Faulcon.
Wake—John Rand.

Whereupon the following Members appeared, qualified agree-able to Law, & took their Seats, to-wit:

Messrs. John Childs, Benjamin Exum, Elisha Battle, Memucan Hunt, Nathan Boddie, Allen Jones, Henry Rhodes, Griffith Rhodes, John Rand, Thomas Owen, Ephraim McLean, Ambrose Ramsay, John Gray, James Kenan, Benjamin Seawell, Oroondates Davis, Kenneth McKenzie, Robert Irwin, John Devane, John Hogan, Edward Salter, John Collier, John Faulcon & Samuel Smith.

The House then proceeded to the Choice of a Speaker, when Allen Jones, Esquire, was unanimously Chosen, and placed in the Chair accordingly.

John Sitgreaves was appointed Clerk & John Heywood, Assistant Clerk, who qualified accordingly.

William Murphy & William Rigney Murphy, Door Keepers.

Received from the Commons the following Message:

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Mr. Speaker and Gentlemen of the Senate:

This House being now formed, acquaint you that they are ready to proceed on the dispatch of public Business.

Ordered that the following message be addressed to His Excellency the Governor.

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

The General Assembly being now formed acquaint your Excellency that they are ready to take under Consideration such Business as your Excellency may think proper to lay before them.

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

Mr. Speaker & Gentlemen of the House of Commons:

In answer to yours we inform you that this House is likewise formed & ready to proceed on Business & propose that the Address herewith sent you be presented to His Excellency the Governor.

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

Mr. Speaker & Gentlemen of the House of Commons:

This House propose, if agreeable to the House of Commons, to Ballot, at five o'clock this Evening, for a Governor & Council of State, & put in nomination for a Governor, Richard Caswell, Esq.; for Council of State, Joseph Leech, Robert Bignall, John Simpson, William Bryan, John Sampson, William Whitfield and John Spicer.

Should your House accede to this Measure, you will signify the same by Message.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have received the Message of yours proposing to Ballot, at 5. o'clock this Evening, for a Governor & Council of State, to which we concur, & do on our part put in nomination for Governor, Richard Caswell, Esquire; for a Council of State, Joseph Leech, Robert Bignall, John Simpson, William Whitfield, Isaac Guion, Henry Rhodes, John Sampson and John Spicer, Esqs.

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This House have appointed Mr. Person & Mr. Bloodworth, to superinted the Balloting, on our part.

Ordered that Messrs. Exum & Seawell superintend the Balloting on the part of 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 appointing a Chaplain to the present General Assembly.

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, together with the foregoing Resolve:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return your Resolve appointing the Reverend Mr. Cuffles, Chaplain to the present General Assembly, concurred with.

Mr. Seawell, one of the Gentlemen who was appointed on the part of this House to superintend the Balloting for a Governor & Council of State, Reported that Richard Caswell, Esq., was unanimously elected Governor and Joseph Leech, Robert Bignall, John Sampson, John Simpson, Thomas Respass, Isaac Guion and William Whitfield, Esquires, Councellors of State, by a Majority of votes of both Houses.

Received from the Commons the followin Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Message addressed to His Excellency the Governor, should you concur therewith you'll send one of your Members with Mr. Person, who is appointed by this House, to wait on His Excellency with the same.

At the same time received the Message addressed to His Excellency the Governor, which being read was Concurred with.

Colo. Rhodes, on the part of this House, appointed to wait on His Excellency with the address.

The House Adjourned till To-morrow Morning 9 o'Clock.

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Tuesday, 4th May, 1779.

The House met according to adjournment.

Resolved, that the Treasurers of this State receive from the Sheriffs, Collectors or Entry Takers, of the several Counties, all Continental Monies of the Emission of May 20th, 1777, and April 11th, 1776, which the said Sheriffs, Collectors or Entry Takers may have taken in payment of Taxes, and exchange the same for Loan Office Certificates, for the use of this State.

Resolved, also that the Treasurers lay before the next General Assembly an Account of all monies so exchanged.

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 empowering the Treasurers to receive of the Sheriffs & Collectors the Emissions of 20th May, 1777, and 11th of April, 1776.

Whereas, a number of persons are waiting on this Assembly to have their Claims allowed, which, if not done, may have a Tendency to destroy the Faith and Credit of the public,

Resolved, therefore, that General Rutherford, Oroondates Davis and John Rand, Esqs., be a Committee, to act with the Gentlemen appointed by the House of Commons, to receive and pass the public Claims at Colo. William Bryan's, and that Colo. Kenan, Colo. Rhodes, Major Owen & Mr. McKenzie, be a Committee, to act with the Gentlemen appointed by the House of Commons, to receive and pass Claims at Mr. Needham Bryan's, and that Mr. Ramsay, Mr. Hogan & Mr. Seawell, be a Committee, to act with the Gentlemen appointed by the Commons, to receive and pass Claims at Mr. John Smith's, and that Mr. Exum, Mr. Faulcon, Mr. Salter & Mr. Hunt, be a Committee, to act with the Gentlemen appointed by the Commons as a Committee of Accounts, to sit at Mr. John Smith's.

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 appointing Committees of Claims & Accounts.

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Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

Herewith you will receive a Message from His Excellency the Governor addressed to the General Assembly.

At the same time received the Message therein referred to, which was read and filed.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have received the Resolve of yours appointing Committees of Claims and Accounts, to act with such Gentlemen of this House as might be appointed for those purposes, And have appointed Mr. Cogdell, Mr. Clinton, Mr. Phifer, Mr. Hines, Mr. Montfort, Mr. Wilson & Mr, Campbell, to act with the Gentlemen by you appointed, to settle and allow Claims at Colo. Bryan's, and Mr. Horn, Mr. Hunter, Mr. Macon, Mr. Boyd, Mr. McCawley, Mr. Vaughn & Mr. Joseph Hawkins, to act with the Gentlemen by you appointed, to settle & allow Claims at Mr. John Smith's, And Mr. Cain, Mr. Howard, Mr. Williams, Mr. Gillespie, Mr. Cochran & Mr. Brown, to act with the Gentlemen by you appointed, to settle & allow Claims at Mr. Needham Bryan's, And Mr. Person, Mr. G. Hill, Mr. T. Gray & Mr. P. Hawkins, to act with the Gentlemen by you appointed as a Committee of Accounts.

Resolved, that Messrs. Davis, Irwin & Salter, be appointed to act with such Gentlemen as the House of Commons shall think proper to appoint as a Committee to consider of and report what Salaries or allowances are proper to be allowed the Governor, Continental Delegates, Attorney General, & States Attorney for the several Counties, Members of the Council of State, Secretary, Treasurers and public printers.

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 act with such Gentlemen as your House may think proper to appoint to consider of the Salaries of the several public Officers of State:

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Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have received a Message from His Excellency the Governor addressed to the General Assembly, together with the sundry Letters & other papers therein referred to, which we herewith send for your perusal.

At the same time Received the Message from His Excellency the Governor, together with sundry Letters and other papers, which were read.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have received the Message & Resolve of yours appointing certain Gentlemen therein mentioned, to act jointly with such as might be appointed by this House, as a Committee to consider of the Salaries of the several State Officers, And have for that purpose, on their part, appointed Mr. Haywood, Mr. Person, Mr. G. Hill, Mr. P. Hawkins, Mr. Campbell, Mr. Bloodworth, Mr. Gorham and Mr. Hinton, a Committee.

Mr. Thomas Respass appeared, qualified agreeable to Law and took his seat.

The House adjourned till To-morrow Morning 9 o'Clock.

———


Wednesday, 5th May, 1779.

The House met according to Adjournment.

Mr. George Wynn appeared, qualified agreeable to Law & took his Seat.

Ordered that no Bills except of a public nature be received in this House during this present Session of Assembly.

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

Mr. Speaker & Gentlemen of the House of Commons:

This House have entered into a Resolution to admit or receive no Bills during the present Session of Assembly except those of public or General Concern.

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Resolved, that Messrs. Davis, Rand, Respass & Irwin, be a Committee, to act with such Gentlemen as the House of Commons may think proper to appoint, to prepare and bring in such Bills of a public Nature as are necessary to be passed into Laws.

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

Mr. Speaker & Gentlemen of the House of Commons:

This House have appointed Messrs. Davis, Rand, Respass & Irwin, a Committee, to act jointly with such Gentlemen as you may think proper to appoint, to prepare and bring in such Bills of a public nature as are necessary to be passed into Laws.

Read the Petition of Thomas Case, praying to be exempted from paying Taxes, he being disabled and incapable of labouring.

Resolved that the prayer of the Petition be granted.

Ordered that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

Herewith you will receive the Petition of Thomas Case, & the Resolve of the Senate thereon, which we send for your Concurrence.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Mr. Jones, Mr. Starkey, Mr. Gray, Mr. Person, Mr. Haywood, Mr. Horn, Mr. Cogdell, Mr. Hawkins & Mr. Hill, a Committee, on their part, to Act jointly with the Committee appointed by the Senate, to prepare and bring in such Bills of a public Nature as are necessary to be passed into Laws.

Also the following Message:

Mr. Speaker and Gentlemen of the Senate:

This House have received the Message of yours informing that you will not admit or receive any Bills during this Session of Assembly except those of a General or public Nature, with which we agree.

Received from the Commons the following Message:

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Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House in favour of Henry Bufort.

At the same time received the Resolve of the Commons therein referred to, 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:

The Resolve of your House in favour of Henry Bufort we herewith return, Concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

Herewith you will receive two Messages from his Excellency the Governor, addressed to the General Assembly, together with the several Letters, Resolutions of Congress, &c., therein referred to.

At the same time received His Excellency's Messages, together with the several Letters and Resolutions of Congress therein referred to, which being read were ordered to be filed.

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 James Glasgow, Esquire, Secretary.

At the same time Received 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:

The Resolve of your House in favour of James Glasgow, Esquire, we herewith return 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 Captain Francis Tartanson.

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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:

Herewith you will receive the Resolve of your House in favour of Captain Tartanson, 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 Mrs. McDonald, wife of Alexander McDonald.

At the same time received 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 in favour of Mrs. McDonald, concurred with.

The House Adjourned till To-morrow Morning 9 o'clock.

———


Thursday, 6th May, 1779.

The House met.

Mr. William Thompson and Mr. James Sanders, appeared, qualified agreeable to Law & took their Seats.

This Day being set apart by the Hon. the Continental Congress as a Day of Fasting, Humiliation and prayer, On motion of Mr. Battle, the House adjourned till to-morrow morning 9 o'clock.

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Friday, May 7th, 1779.

The House met according to Adjournment.

Mr. Thomas Relfe appeared, qualified agreeable to Law & took his Seat.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House in favour of Thomas Case, Concurred with.

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

Endorsed, In the House of Commons 5th May, 1779, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your perusal a Letter from the Governor of Virginia to Gov. Caswell, of 17th of April last, as also one other Letter from General Sumner, of the 10th, with a return of the North Carolina Brigade under his command.

At the same time Received the Letters referred to in the foregoing Message, which were read, & thereupon ordered that Mr. Davis be appointed, to act with such Gentlemen as the House of Commons may think proper to appoint, to draw up and make report of Instructions to His Excellency the Governor relative to the Letters from His Excellency Governor Henry to Governor Caswell.

Ordered that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have appointed Oroondates Davis, Esquire, to act with such Gentlemen as you may think proper to appoint as a Committee, to draw up and make report of Instructions to His Excellency the Governor relative to the Letter from His Excellency Governor Henry, to him.

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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 consider what Bills of a General nature are necessary to be passed during the present Session, Concurred with by this House.

At the same time received the Report of the Committee referred to in the foregoing Message, which was read and 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 Report of the Committee appointed to consider what Bills of a general nature are necessary to be passed into Laws during the present Session, Concurred with by this House.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your perusal two letters from Colo. Jonas Johnston, of the 3d. April last, addressed to the Speakers of the General Assembly, &c., as also one other from James Davis, Esq.

At the same time Received the several Letters referred to in the foregoing Message, which was read, & Ordered that the Consideration of the letters from Colo. Jonas Johnston be referred to the same Committee who are appointed to take under Consideration the letter from His Excellency Governor Henry.

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

Mr. Speaker & Gentlemen of the House of Commons:

This House, on reading the several Letters from Colo. Jonas Johnston, have thought proper to refer the Consideration of them to same Committee who are appointed to take into Consideration His Excellency Governor Henry's Letter.

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Mr. Rand, one of the Committee who were appointed to prepare & bring in such Bills of a public nature as are necessary to be passed into Laws, presented a Bill for emitting Money for defraying the Expense of the War, and other purposes therein mentioned, which was read the first Time, passed and sent to the Commons.

Resolved, that Mr. Thomas Owens deliver into the hands of Ambrose Ramsey, Esqr., the Bonds taken by the Commissioners for the hire of McKnight's negroes, that Mr. Ramsey collect the monies for the same and account with the next General Assembly therefor.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House directing Mr. Owen to deliver the Bonds for the Hire of McNight's Negroes into the Hands of Colo. Ramsey, who is thereby directed to collect and account for the monies for 1st Bond, with next General Assembly.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House impowering the Treasurers to receive of the Sheriffs, Collectors & Entry Takers, the Emissions of 20th May, 1777, & 11th April, 1778.

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

Indorsed in the House of Commons 7th of May, 1779, Concurred with.

Received from the Commons a Bill for continuing and amending an Act for allowing Salaries to the Governor, Members of the Council of State, Secretary, Treasurers, and other purposes.

Endorsed in the House of Commons 7th May, 1779, Read the first time and passed.

Ordered that the said Bill be read.

Read the same the first time, passed and Ordered to be sent to the Commons.

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Received from the Commons a Bill for raising Regular Forces for the Defence of the United States and for relieving the good people as far as may be, from the inconvenience of Drafts, and other purposes.

Endorsed in the House of Commons 7th May, 1779, Read the first Time & passed.

Ordered that the said Bill be read.

Read the same the first 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 directing Mr. Owen to deliver the Bonds, due for the hire of McKnight's negroes, into the Hands of Colo. Ramsey, 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 7th May, 1779, Concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

This House have received the Message of yours appointing Mr. Davis, to act with such Gentlemen as might be appointed by this, to draw up and report Instructions to be given His Excellency the Governor relative to the letter from Govr. Henry, &c., and have for that purpose, on their part, appointed Mr. Jones.

General Rutherford, from the Committee of Claims, Reported that David Caldwell, one of the Contractors for the District of Salisbury, exhibited a Claim for sundry Expenditures on Account of the public amounting to Eight thousand nine Hundred & sixtytwo pounds, three shillings, and as said Caldwell, and Joseph Dixon the other Contractor for said District, have purchased provisions for the use of the State on their own Credit to a much greater amount than the Sum they have received from the public, for that purpose, it is therefore the Opinion of your Committee that said Caldwell, on giving sufficient security, be allowed the

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above Sum of Eight Thousand nine Hundred and sixty-two pounds three shillings.

All which is submitted.

The House taking 1st Report into Consideration, Concurred therewith.

Ordered that the above 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 a Report of the Committee of Claims relative to David Caldwell, Contractor for Salisbury District, Concurred with by this House.

Received from the Commons a Bill for amending an act for making provisions for the poor, and for other purposes.

Endorsed in the House of Commons 7th May, 1779, Read the first Time and passed.

Ordered that the said Bill be read. Read the same the first Time, passed and sent to the Commons.

Resolved, that all Accounts or Claims against the United States, which are brought before the Committee of Claims or Accounts, be received by said Committee and, if just, allowed.

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

Mr. Speaker & Gentlemen of the House of Commons:

Herewith you will receive a Resolve of this House relative to the proceedings of the Committees of Accounts and Claims.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We cannot concur with your House in receiving the Report of the Committee of Claims, respecting Messrs. Caldwell & Dixon, because by the Rule Established at New Bern for regulating the manner of Conducting Business in the General Assembly, which has never been altered, it was determined that all Reports of Committees, constituted by Members of both Houses, should be first read in the House of Commons.

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Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you the Petition of Charles Medlock, Colonel of the Anson Regiment of Militia, which this House propose referring to a joint Committee, and have for that purpose, on our part, appointed Mr. Bloodworth, Mr. Jones & Mr. Person, a Committee.

At the same time received the Petition 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 have received your Message appointing a Committee to take under Consideration the Petition of Colo. Medlock, and have for that purpose, on our part, appointed Col. Irwin and Mr. Childs to act with the Gentlemen by you appointed.

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 His Excellency the Governor to grant a Warrant on the Treasury in favour of David Caldwell, for 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:

The Resolve of your House empowering David Caldwell to draw a certain Sum of money from the Treasury we return you, with this, 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

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for exempting the persons therein mentioned from the payment of Taxes.

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:

This House have received your Message & Resolve for exempting certain persons from payment of Taxes, and herewith return you the Resolve, Concurred with.

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

———


Saturday, 6th May, 1779.

The House met according to adjournment.

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 His Excellency the Governor to issue orders to the proper Officers countermanding the issuing any Spirits to the Militia, Soldiers, &c., as also orders to General Lillington to discharge the Militia embodied in the District of Wilmington.

At the same time Received the Resolve of the Commons referred to on 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:

Herewith you will receive the Resolve of your House requesting His Excellency to issue Orders to the proper Officers countermanding the issuing Spirits to the Militia, Soldiers, &c., Concurred with.

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Mr. Speaker informed the House that he received a letter from Waightstill Avery, Esquire, State Attorney General, which was read as follows:


Smithfield, 8th May, 1779.

Hond. Sir:

Request the favour of you to lay before the Senate my Resignation of the Office of Attorney General, and express my best Thanks & Gratitude to the public for that Honorable appointment, which my particular Circumstances do not admit me any longer to execute.

Your very Obed. Humble Serv.,
WAIGHTSTILL AVERY.

The Honble. Speaker of the Senate:

Whereas, the holding the General Assembly of this State, and the Offices incident thereto, at some certain fixed place, at or near the centre thereof, would save a considerable Expense to the public and tend much to the Ease and advantage of the Inhabitants in other Respects as well as for the preservation of the public Records,

Resolved, therefore, that two Commissioners from each District be appointed by the Present Assembly, to wit:

For the District of Salisbury, George Cathey and James Green Lee.

For the District of Hillsborough, Thomas Person and John Hogan.

For the District of Halifax, Benjamin Seawell and Willie Jones.

For the District of Edenton, Samuel Johnston and Robert Smith.

For the District of New Bern, James Coor and Thomas Gray.

For the District of Wilmington, Edward Starkey and William Hooper.

And that a majority of them view and fix upon some place in each of the Counties of Johnston, Wake & Chatham, for holding the General Assembly, the most commodious, convenient and agreeable to the persons who may be drawn thither by attendance on the public Business, and that they return a fair plan of each place with a Description of the natural advantages and report the same to the next Assembly.

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Resolved also, that the above Commissioners, or a majority of them, meet at Chatham Court House on or about the twenty-fifth Day of September next, and that for their Services they receive five pounds each per Diem.

On motion, for passing the above Resolve, Mr. Respass moved that the Words “or any other place” be added after the Words “in the Counties of Johnston, Wake & Chatham,” this being objected to, the Question was put and carried in the negative. Then, on motion of Mr. Respass, the yeas and nays were taken, as follows:

Yeas:
Griffith Rutherford,
James Kenan,
John Duane,
Benjamin Seawell,
Henry Rhodes,
Thomas Gray,
Benjamin Exum,
Kenneth McKenzie,
Thomas Respass,
George Wynns,
William Thompson,
Thomas Relfe.—12
.

Nays:
Ephraim Maclain,
Elisha Battle,
Robert Irwin,
Ambrose Ramsay,
John Childs,
John Hogan,
Samuel Smith,
Edward Salter,
John Faulcon,
Nathan Boddie,
John Rand,
Oroondates Davis,
Memucan Hunt,
Thomas Owen,
James Sanders.—15.

Ordered that the foregoing 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 your Concurrence, appointing Commissioners to fix upon a place in the Counties of Chatham, Johnston or Wake, the most convenient for holding the General Assembly at, and return plans thereof to the next General Assembly. The District of Edenton not being fully represented in this House, we expect you will appoint Commissioners for that District in your House.

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Ordered that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House propose, if agreeable to the House of Commons, to ballot this evening at 4 o'Clock for Continental Delegates, a Brigadier General for the District of New Bern, in the room of William Bryan, Esquire, resigned; an Attorney General, in the room of Waightstill Avery, Esquire, resigned; a Judge of the Superior Court, in the room of Archibald Maclaine, Esqr., who refuses to act, & the Time and place for holding the next General Assembly, and put in nomination for Delegates, John Penn and Cornelius Harnett, Esquires; for a Brigadier General, William Caswell and John Simpson, Esquires; a Judge, John Williams, Esq., of Granville; Attorney General, Thomas McGuire, Esq.; for the place of holding the next Assembly, at Hillsborough, New Bern & Halifax, and for the time when, the first Monday in October & second Monday in November.

This House have appointed Mr. Seawell & Mr. Exum, on their part, to superintend the Balloting.

Should your House accede to this measure, you will signify the same to the Senate.

Received from the Commons a Bill for amending an Act for making provision for the poor, and for other purposes.

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

Read the second time and passed.

Ordered that the Bill be read. Read the same the second time, passed and ordered to be Engrossed for the third reading.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence the report of the Committee to which was referred the Petition of Stephen Snell and James Spillen, Concurred with by this House.

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 House of Commons:

-------------------- page 755 --------------------

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Report of the Committee to which was referred the Petition of Stephen Snell & James Spillen, Concurred with by this House.

Read the Petition of a number of the Inhabitants of Lincoln County, praying for a new Writ of Election, setting forth that the Member chosen by last Election to represent said County in Senate was not legally Chosen.

Ordered that General Rutherford, Col. Irwin, Mr. Rand, Mr. Seawell & Mr. Boddie, be a Committee to consider of said Petition, and to make Report to the House thereon.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House having received the Message of yours proposing to Ballot at 4 o'Clock this Evening, for Continental Delegates; a Brigadier General for the District of New Bern, in the room of William Bryan, Esquire, resigned; an Attorney General, in the room of Waightstill Avery, Esquire, resigned; a Judge of the Superior Court, in the room of Archibald Maclaine, Esquire, who refuses to act; and the time and place for holding the next general Assembly, to which we agree, and put in nomination for Delegates, John Penn & Cornelius Harnett, Esquires; for a Brigadier General, William Caswell & John Simpson, Esquires; a Judge, John Williams of Granville and Richard Henderson; Attorney General, Bromfield Ridley, James Williams and Joseph Taylor; For the place for holding the next Assembly, Hillsborough, New Bern & Halifax, and for the Time when, the first Monday in October and the second Monday in November.

This House have appointed Mr. G. Hill & Mr. Starkey, on their part, to superintend the Balloting.

Received from the Commons a Bill for establishing State Loan Offices, for the purpose of borrowing Money to defray the Expenses of the War.

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

Read the first Time and passed.

Ordered that the said Bill be read. Read the same the first Time, passed and sent to the Commons.

-------------------- page 756 --------------------

Mr. Seawell, who was appointed on the part of this House to superintend the Balloting, Reported, that John Penn and Cornelius Harnett, Esquires, were Elected Delegates for the ensuing Year; Thomas McGuire, Esqr., Attorney General; John Williams, Esquire, Judge of the Superior Court; William Caswell, Esquire, Brigadier General, and that the next Assembly is to sit on the first Monday in October at Halifax.

All which were chosen by a Majority of the Votes of both Houses.

The House adjourned till Monday morning 9 o'clock.

———


Monday, 10th May, 1779.

The House met.

Mr. William Graham appeared, qualified agreeable to Law and took his Seat.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House for establishing an Academy in Granville County, and for other 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 and Gentlemen of the House of Commons:

Herewith you will receive the Resolve of your House for establishing an Academy in Granville County, Concurred with.

Mr. Davis moved for leave & presented a Bill to amend an act Entitled an Act for levying a Tax for defraying the Contingencies of the several Counties, and for other purposes, which was read the first Time, passed and sent to the Commons.

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

Received from the Commons the Bill for continuing and amending an Act for allowing Salaries to the Governor, Members of the Council of State, and for other purposes.

Endorsed in the House of Commons 10th May, 1779, read the Second time, amended and passed.

Ordered that the same be read. Read the same the second Time, amended, passed and sent to the Commons.

Received from the Commons a Bill to amend an Act Entitled an Act for directing the method of appointing Jurors in all Causes, Civil and Criminal.

Endorsed in the House of Commons 10th May, 1779.

Read the first time and passed.

Ordered that the said Bill be read.

Read the same 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 investing the Honble. John Penn & Cornelius Harnett, Esquires, Delegates, with certain powers.

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 Commons:

Mr. Speaker & Gentlemen of the House Commons:

We herewith return the Resolve of your House investing John Penn & Cornelius Harnett, Esquires, with certain powers, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

You will with this receive the resignation of Gen. William Skinner, Esquire.

At the same time received the resignation of Gen. Skinner, which was read and filed.

Received from the Commons the following Message:

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

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House directing Nicholas Long, Esqr., Deputy Quarter Master General, to send to the States of Virginia and South Carolina for Fire arms, &c.

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:

Herewith you will receive the Resolve of your House directing Nicholas Long, Esquire, Deputy Quarter Master General, to send to the States of Virginia & South Carolina for fire Arms, &c., Concurred with.

The House adjourned till To-morrow morning 9 o'Clock.

———


Tuesday, 15th May, 1779.

The House met according to adjournment.

Received from the Commons a Bill to amend an Act entitled an Act for levying a Tax for defraying the Contingencies of the several Counties in this State and other purposes.

Endorsed In the House of Commons 10th May, 1779, Read the first time and passed.

Ordered that the said Bill be read.

Read the same the second Time, amended, passed and sent to the Commons.

Mr. Seawell moved for leave and presented a Bill to enable the Governor, with the advice of the Council, to embody and March to the aid of any of the neighboring States any number of the Militia, not exceeding two Thousand Men, and for directing the method of furnishing the Militia of this State, when called into actual Service, with Baggage Wagons, Horses, &c., and for other purposes, which was read the first Time, passed and sent to the Commons.

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

Mr. Samuel Johnston & Mr. Jasper Charlton, appeared, qualified agreeable to law and took their Seats.

Received from the Commons a Bill for raising regular forces for the Defence of the United States, and for other purposes.

Endorsed In the House of Commons 10th May, 1779, read the second time, amended & passed.

Ordered that the said Bill be read.

Read the same the second time, amended, passed and sent to the Commons.

Received from the Commons a Bill for amending an Act for making provisions for the poor, and for other purposes.

Endorsed In the House of Commons 10th May, 1779. Read the third time, amended and passed.

Ordered that the said Bill be read.

Read the same the third time, amended by Consent, passed and ordered to be again 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 impowering His Excellency the Governor to grant a Warrant on the Treasury for a Sum of Money not exceeding One Hundred Thousand pounds, and for other 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:

We herewith return the Resolve of your House impowering His Excellency to grant a Warrant on the Treasury for a Sum of Money not exceeding One Hundred Thousand pounds, &c., 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 favour of Bryan Crosbie.

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

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 in favour of Bryan Crosbie, Concurred with.

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

Endorsed in the House of Commons 11th May, 1779. Read the third time, amended and passed.

Ordered that the aforegoing Bill be read.

Read the same the third time, passed and Ordered to be Engrossed.

Received from the Commons a Bill for emitting Money for defraying the expense of the War, and other purposes therein mentioned.

Endorsed In the House of Commons 7th May, 1779. Read the first Time and passed.

Ordered that the said Bill be read.

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

Mr. Exum has leave of absence from the Service of this House.

The House adjourned til tomorrow morning 9 o'Clock.

———


Wednesday, 12th May, 1779.

The House met according to adjournment.

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 appointing persons to adjust the accounts of this State with the Continental Congress, &c.

-------------------- page 761 --------------------

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 appointing persons to adjust the Accounts of this State with the Continental Congress, Concurred with.

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., praying to be admitted a Citizen of this State, which we propose referring to a joint Committee, and have for that purpose, on our part, appointed Mr. Peebles, Mr. Starkey, Mr. Brown, Mr. Cockrand and Mr. Medlock, a Committee.

At the same time received the Petition of said Cruden, 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 with the Petition of John Cruden, and have appointed Mr. Johnston & Mr. Irwin, to act with the Gentlemen by you appointed, as a Committee to take under Consideration said Petition.

Received from the Commons the Bill to enable the Governor, with the advice of the Council, to embody and march to the aid of any of the neighboring States any number of the Militia, not exceeding two thousand men, and for directing the method of furnishing the Militia of this State, when called into actual Service, with Baggage Waggons, Horses, &c., and for other purposes.

General Rutherford moved for leave to take out and amend said Bill.

Ordered that he have leave accordingly.

Received from the Commons a Bill to amend an Act Entitled

-------------------- page 762 --------------------
an Act for levying a Tax for defraying the Contingencies of the several Counties in this State, and for other purposes.

Endorsed In the House of Commons 11th May, 1779. Read the second time, amended and passed.

Ordered that the said Bill be read.

Read the same the third time, amended, passed and sent to the Commons.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Mr. Jones, Mr. Rowan, Mr. Luttrell, Mr. Person and Mr. Smith, to act jointly with such Gentlemen of the Senate as may be appointed, to take under Consideration the Case of the Continental Officers, and making a further provision for the same.

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

Mr. Speaker and Gentlemen of the House of Commons:

This House have appointed Mr. Johnston, Mr. Davis and Mr. Sanders, to act with the Gentlemen by you appointed, to take under Consideration the Case of the Continental Officers, &c.

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

Mr. Speaker & Gentlemen of the House of Commons:

This House have ordered the Clerk to make out the Estimate to include Saturday next, and propose that the Members should be allowed ten Dollars each per Day, also that those Members who went to New Bern should be allowed for going there and returning.

Should your House concur with this you will signify the same by message.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence a Resolve of this House

-------------------- page 763 --------------------
appointing a Brigadier General for the District of Hillsbroough pro tem.

At the same time received the resolve of the Commons referred to in the foregoing Message, which being read, was Concurred wit.

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 a Brigadier General pro tem for the District of Hillsborough, Concurred with.

Ordered that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have observed a certain Ephraim Barnes is recommended as a Justice of the peace for the County of Edgecombe, whose name was Erased by the order of this House before the book of the Justices was sent to the Commons, we hope therefore that your House will consent to Strike off that name again, as the Senate suppose there is already a sufficient number of Justices in that County.

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

General Rutherford moved for leave and presented a Bill to repeal an Act entitled an Act to Carry into effect an Act passed at New Bern in November, 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 within a certain time therein mentioned appear and submit to the State, whether they shall be admitted as a Citizen, and for other purposes therein mentioned, and for other purposes, which was read the first time, passed and sent to the Commons.

Resolved that General Rutherford be empowered to send the Guns now in the District of Salisbury, belonging to the Inhabitants of Hillsborough District, to Colo. Sanders, and Nathaniel Rochester, in the said District, who are hereby requested to sell

-------------------- page 764 --------------------
the same and return an account of such sales to the next Assembly.

Ordered that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House relative to the sales of certain Guns therein mentioned.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House cannot agree that the daily allowance of the Members should be ten Dollars only, as recommended by your House, as they think thirteen Dollars barely adequate, considering their Expenses.

We propose that all the Members who set off to New Bern to attend the Assembly which was to have met on the first Monday in April last should be paid for the time they were traveling to and attending at New Bern, and not confine it only to those who attended there, as recommended by the Senate.

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 relative to the daily pay of the Members, &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 proposing to strike the name of Ephraim Barnes from the Book of Justices, and cannot Concur therewith.

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

Mr. Speaker & Gentlemen of the Honse of Commons:

This House propose, if agreeable to the Commons, to Ballot at four o'Clock this Evening for a Brigadier General for the District

-------------------- page 765 --------------------
of Edenton, in the room of Gen. Skinner, resigned, and for Treasurers for the several Districts of this State, and put in nomination for a Brigadier General, Isaac Gregory & John Pugh Williams, Esquires, for a treasurer for Hillsborough District, William Johnston, Esquire; for Salisbury, William Cathey; for Halifax, Green Hill; for Edenton, William Skinner, Esqr.; for New Bern, Benjamin Exum, Esqr., & for Wilmington, John Ashe, Esqr.

We have appointed Mr. Faulcon & Mr. Seawell, to superinted the Balloting, on the part of this House.

Should your House accede to this Measure you will signify the same by Message.

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 Sheriff of Orange County to hold an Election for Commissioners for the Town of Hillsborough.

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:

The Resolve of your House impowering the Sheriff of Orange County to hold an Election for Commissioners for the Town of Hillsborough, we herewith return you, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have received the message of yours proposing to Ballot at 4 o'Clock this Evening for a Brigadier General for the District of Edenton, and Treasurers for the different Districts, to which we agree, and have, on our part, put in nomination for a Brigadier General, Isaac Gregory, John Pugh Williams & James Blount, Esquires; for a Treasurer for the District of Hillsborough, John Rand; for the District of Salisbury, David Nesbit and Mathew Lock; for the District of Halifax, Green Hill and Goodman

-------------------- page 766 --------------------
Davis; for the District of Edenton, William Skinner; for the District of New Bern, Richard Cogdell and William Ward; for the District of Wilmington, John Ashe and Henry Rhodes, Esquires.

We have appointed Mr. Person & Mr. Sam. Williams to superintend the Balloting.

Mr. Seawell, from the Committee who was appointed to superintend the Balloting, Reported that John Pugh Williams, Esquire, was Elected Brigadier General for the District of Edenton; William Skinner, Esquire, was Elected Treasurer for the District of Edenton; William Cathey, for the District of Salisbury; William Johnston, for the District of Hillsborough; Green Hill, for the District of Halifax; Richard Cogdell, for the District of New Bern; and John Ashe, for the District of Wilmington.

All which were chosen by a majority of the votes of both Houses.

Resolved, that William Skinner, Esquire, be appointed to adjust the accounts of this State, from the Commencement of the War to the close of this Session, with the Continental Congress, and that he be directed to observe the due distinctions between the charges proper to be made against the State for Expenses incurred for the sole benefit thereof from those which have been incurred by this State for the Benefit of the Continent at large, and that he regulate the vouchers upon which such charges are made; and, in every other matter relative thereto, pursue such plan as may best Conduce to obtain a full and Satisfactory View of such Accounts and do justice to this State.

Resolved, further, that the said William Skinner, Esquire, be allowed for those services the sum of five thousand pounds.

And Resolved, also, that the Resolution of this Assembly of the 11th Instant, appointing three Auditors, be Rescinded.

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 William Skinner, Esquire, to settle and adjust the

-------------------- page 767 --------------------
public Accounts, &c., and allowing him a certain Sum for that Service; also proposing to rescind the Resolve adopted by the Assembly appointing three persons for that purpose.

The House Adjourned till to-morrow Morning 9 o'Clock.

———


Thursday, 13th May, 1779.

This House met according to adjournment.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you a Message from His Excellency the Governor, together with the sundry papers therein referred to.

At the same time received the Message from His Excellency the Governor, together with sundry papers relative to the Inhabitants of Currituck County, which were ordered to be referred to Mr. Relfe and Mr. Respass, to act with such Gentlemen as the House of Commons may think proper to appoint.

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

Mr. Speaker & Gentlemen of the House of Commons:

This House have appointed Mr. Relfe & Mr. Respass, to act with such Gentlemen as the House of Commons may appoint, to take into Consideration the several letters, &c., relative to the Inhabitants of Currituck.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Report of the Committee appointed to take into Consideration the petition of John Cruden, senior, Concurred with, by this House.

At the same time received the Report referred to in the foregoing Message, which, being read, was Concurred with.

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

-------------------- page 768 --------------------

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Report of the Committee appointed to take under Consideration the Petition of John Cruden, Sen., 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 for selling the armed Brigantine Pennsylvania Farmer.

At the same time received the Resolve 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:

Herewith you will receive the Resolve of your House relative to the Brigantine Pennsylvania Farmer, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

Herewith we return you the Resolve of your House appointing General William Skinner to adjust the Accounts of this State with the Continental Congress, &c., and allowing him a certain Sum therein mentioned for those Services, 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 May, 1779, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House beg leave to call the attention of the Senate to the Resolve which accompanies this, it being intended as a substitute for a Resolve, the same in Substance, which failed yesterday from Clerical Error or accidental Misapprehension.

At the same time received the Resolve of the Commons referred

-------------------- page 769 --------------------
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:

Herewith you will receive the Resolve of your House appointing Commissioners to recommend to the next Assembly a suitable place for fixing the Seat of Government, Concurred with.

General Rutherford presented the Bill to enable the Governor, with the advice of the Council, to embody and march to the aid of any of the neighboring States any number of the Militia, not exceeding two thousand Men, which he had leave to take out and amend.

Ordered that the said Bill be read.

Read the same 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 Thomas Craike, Esq., Commissary of Stores.

At the same received the Resolve of the Commons referred to in the foregoing, which was read and Concurred with.

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

Mr. Speaker and Gentlemen of the House of Commons:

The Resolve of your House in favour of Thomas Craike, Esqr., you will with this receive, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Mr. Brown, Mr. Smith, Mr. Campbell & Mr. P. Hawkins, to act with the Gentlemen by you appointed, to take under Consideration the several Letters, &c., relative to the Inhabitants of Currituck.

-------------------- page 770 --------------------

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Mr. Luttrell, Mr. Person, Mr. Smith & Mr. Phifer, a Committee, on their part, to act jointly with such Gentlemen of the Senate as may be appointed, to point out & ascertain the Services to be performed by the Commissary of Stores, as also the allowance for such Services.

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

Mr. Speaker & Gentlemen of the House of Commons:

This House have received the Message of yours appointing a Committee to point out and ascertain the Services to be performed by the Commissary of Stores, and also the allowance for such Services, and have on their part, for that purpose, appointed Messrs. Rutherford, Sanders & Hogan.

Resolved, that the Commissioners who were appointed at the last Session of Assembly, at Halifax, in each respective District, for the purpose of purchasing, for the use of the State, Pork, Beef, Corn, Flour, Pease, Rice, &c., &c., take particular care in Storing, &c., all such Provisions, that the same may be kept sound until called on by proper officers for the same, and repack such as require it, and that they exhibit to the next Session of Assembly an Account of all their Expenditures relative thereto, and be allowed the same & what the Assembly think proper for their Trouble.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House directing the Commissioners appointed by last Assembly to purchase Provisions, to take care of the same until called for by proper Officers.

The House adjourned till to-morrow Morning 9 o'Clock,

-------------------- page 771 --------------------

Friday, 14th May, 1779.

The House met according to adjournment.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you a letter from the Lieut. Governor of South Carolina, addressed to His Excellency Richard Caswell, Esquire, which we propose referring to a joint Committee, and have for that purpose, on our part, appointed Mr. Hooper & Mr. Jones & Mr. Person, a Committee.

At the same time received the Letter from the Lieutenant Governor of So. Carolina, addressed to His Excellency the Governor of this State, 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, together with a Letter from the Lt. Governor of South Carolina to the Gov. of this State, and have appointed Mr. Johnston & Gen. Rutherford, to act with the Gentlemen by you appointed, to take said Letter under Consideration.

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 draw up and make Report of Instructions to His Excellency the Governor relative to the Letter from His Excellency Governor Henry, &c., Concurred with by this House.

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 House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Report of the Committee appointed to draw up and make Report of Instructions to His Excellency relative

-------------------- page 772 --------------------
to the Letter from His Excellency Governor Henry, Concurred with by this House.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence the report of the Committee to take under Consideration the Petition of the Inhabitants of Currituck County, Concurred with by this House.

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 House of Commons:

We herewith return you the Report of the Committee appointed to take under Consideration the Petition of the Inhabitants of Currituck County, Concurred with by this House.

Whereas, it is impossible, from the Difficulties of communicationg Intelligence in this State, and the remote situation of many of the Inhabitants thereof, that they should receive notice time enough to carry in the Monies of the Date of 20th May, 1777, & 11th April, 1778, to the proper office by the Time limited by Congress;

Resolved, therefore, that His Excellency the Governor write to our Continental Delegates to request Congress to grant such further time, as they shall think proper, for carrying in said Emissions, so that the Inhabitants of this State may not be injured.

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 relative to the Continental Money of the Emissions of May 20th, 1777, and 11th April, 1778.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House

-------------------- page 773 --------------------
desiring His Excellency the Governor to appoint a Lieutenant to the Guard of the Magazine at Halifax.

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 desiring His Excellency to appoint a Lieutenant to the Guard of the Magazine at Halifax, 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 authorizing Gen. Skinner to demand and receive of the Clerks of the General Assembly, or other persons, any public papers in their possession.

At the same time received the Resolve of the Commons referred to in the foregoing Message, 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 the Committee appointed to Consider the Petition of Charles Medlock, Colo. of the Anson Regiment of Militia, Concurred with by this House.

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 House of Commons:

Mr. Speaker & Gentlemen of the House of Commons:

Herewith you will receive the Resolve of your House Authorizing Gen. Skinner, to demand and receive from the Clerks of the

-------------------- page 774 --------------------
Assembly, or any other persons, certain papers therein mentioned; also the Report of the Committee appointed to consider the Petition of Colo. Medlock, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

Herewith you will receive the Resolve of your House relative to the Continental Money, of the Emissions of 20th of May, 1777, & 11th April, 1778, Concurred with.

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

Endorsed in the House of Commons 14th May, 1779, Concurred with.

Received from the House of Commons the following Message:

Mr Speaker & Gentlemen of the Senate:

We herewith return you the Resolve of your House, directing the Commissioners appointed by the last Assembly to purchase Provisions, and to take care of the same, Concurred with.

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

Endorsed in the House of Commons 14th May, 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 the Treasurers to receive Loan Office Certificates, of the County Treasurers & Entry Takers, in discharge of Collection, &c.

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 Commons:

Mr. Speaker & Gentlemen of the House of Commons:

Herewith you will receive the Resolve of your House directing the Treasurers to receive of the County Treasurers & Entry

-------------------- page 775 --------------------
Takers Certificates for money deposited in the Loan Office, &c., 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 requesting His Excellency the Governor to order the Cannon Guns therein mentioned to Fort Johnston, for the Defense of that place, &c.

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 Commons:

Mr. Speaker & Gentlemen of the House of Commons:

Herewith you will receive the Resolve of your House requesting His Excellency the Governor to order certain pieces of Cannon to Fort Johnston, Concurred with.

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 Letter from the Lieutenant Governor of South Carolina to the Governor of this State, Concurred with by this House.

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 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 Letter from the Lieutenant Governor of South Carolina to Governor Caswell, &c., Concurred with by this House.

-------------------- page 776 --------------------

Received from the Commons a Bill for emitting Money for defraying the expence of the War, and other purposes therein mentioned.

Endorsed in the House of Commons 11th May, 1779, read the second time, amended and passed.

Ordered that the said Bill be read.

Read the same the third time, amended, passed and sent to the Commons:

The House adjourned till to-morrow Morning 9 o'Clock.

———


Saturday, 15th May, 1779.

The House met.

Resolved that Mr. Craike, Commissary of Stores, make into tents, immediately, all the Canvass & Oznaburg now in the public Stores, for the use of the Militia which may be called into Service. That he purchase all Guns & swords suitable for the foot or Light Horse, and employ persons to make ten thousand Cartridge Boxes, which, when made, shall be sent to the several Districts in proportion to the number of Militia in each.

Resolved, further, that Mr. Craike be and he is hereby empowered to agree with the French Consul at Charleston, or any other person, for ten thousand complete stand of Arms with Bayonetts, to be paid for in Tobacco or money, as he may agree, and that the public Tobacco now in the hands of Mr. Hawkins be kept for this purpose.

Resolved, that Mr. Craike have leave to take out of Service all such Workmen and Artificers as may be necessary to Make up Tents, Cloaths, Cartridge Boxes, & other Articles, and that such Artificers be discharged from Military Duty while in such Service.

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 empowering Thomas Craike, Esquire to make up Tents, Cloathing, &c., and to procure Arms for this State.

-------------------- page 777 --------------------

Resolved, that the Brigadier Generals of this State take every Step in their power necessary to repel an Invasion from our common Enemy.

Resolved, also, that they employ Mechanics to repair all such Guns, as they approve of, which were taken into the Militia Service or from the Tories.

And Resolved, that the Brigadier of Wilmington District cause to be removed from Wilmington & Cross Creek the military Stores, and all provisions of every kind, to a place of safety, taking care to leave provisions sufficient for the Inhabitants.

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 vesting the Brigadier Generals of this State with certain powers.

Resolved that the Commanding Officer of each Brigade, when on Service, shall appoint an Armourer, whose Business it shall be to attend said Brigade with the necessary Tools and Implements for repairing Arms, &c. That he be allowed a waggon for carrying said tools, and Colonel's pay and Rations, for such Service.

Resolved, that the Commanding Officer appoint Deputies or Assistants to said Armourer, if necessary, who shall be allowed Captain's pay and Rations.

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

We herewith send for your Concurrence a Resolve of this House appointing Armourers to the Brigadier Generals of Militia that shall be ordered on Service hereafter, &c.

Received from the Commons the following Message;

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House vesting the Brigadier Generals of this State with certain powers, Concurred with by this House.

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

-------------------- page 778 --------------------

Engrossed In the House of Commons 15th May, 1779, Concurred with.

Received from the Commons a Bill for raising regular Forces for the Defence of this & the neighboring States, and for other purposes.

Endorsed In the House of Commons 14th May, 1779, read the third time, amended and passed.

Ordered that the said Bill be read.

Read the same 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 return the Resolve of your House appointing Armourers to the Brigadier Generals of Militia that shall be ordered on service hereafter, &c. 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 15th May, 1779, Concurred with.

Whereas, from the great Depreciation of our Currency, and the exorbitant Rise of every necessary of life, it is found that the allowance made the Commissioners for printing and signing Eight hundred and fifty thousand pounds, directed to be Emitted by the General Assembly at Hillsborough, is inadequate to their Services.

Resolved, therefore, that the Superintendants be allowed the further Sum of two Hundred pounds, and that the signers for each thousand Bills they may have signed be allowed the further Sum of four Dollars.

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

Mr. Speaker and Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House allowing a further Sum to the Superintendants & Signers of the last Emissions of money.

Received from the Commons the following Message:

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Mr. Speaker and Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House allowing John Hunt 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:

Herewith you will receive the Resolve of your House in favour of Mr. John Hunt, Concurred with.

Resolved, that His Excellency the Governor be empowered to draw on the Continental Treasury for two millions & five hundred thousand Dollars, agreeable to and in consequence of a Resolution of this Session requiring our Delegates to Solicit Congress for that Sum, in order to carry on our Military operations to the Southward, and for other Exigencies of this State.

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 empowering His Excellency the Governor to draw on the Continental Treasury for a certain Sum of Money 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 directing the Contractor for Wilmington District to deliver Corn to Henry Toomer, Quarter Master, &c.

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:

-------------------- page 780 --------------------

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Resolve of your House directing the Contractor for Wilmington District to deliver Corn to Mr. Toomer, Concurred with by this House.

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 Case of the Continental Officers, and Concurred with by this House.

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 & Gentlemen of the House of Commons:

We herewith return you the Report of the Committee appointed to take under Consideration the Case of the Continental Officers, Concurred with.

Resolved, that for the future all Waggons which shall be employed with the Militia of this State, when in Service, shall be entitled to receive fifteen Dollars per Day, and all Carts seven Dollars and a half.

Ordered that said 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 stating the pay of Waggons and Carts in the Service of this State.

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 His Excellency the Governor, with the advice of the Council, to call the Assembly together at a shorter Day than that to which it stands adjonrned, if it should be deemed necessary.

-------------------- page 781 --------------------

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 His Excellency the Governor, with the advice of the Council, to call the Assembly together at a shorter Day than that to which it stands adjourned, Concurred with by this House.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House empowering His Excellency to draw on the Continental Treasury for a certain Sum of Money therein mentioned, 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 15th May, 1779, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herein return you the Resolve of your House stating the daily pay of Waggons & Carts in the Service of this State, Concurred with.

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

Endorsed in the House of Commons 15th May, 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 empowering the Commercial Agent, appointed for this State, to

-------------------- page 782 --------------------
contract for Arms, &c., also empowering His Excellency the Governor to grant Warrants on the Treasury for such Sums of Money as may be necessary to carry into Effect the 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:

Herewith you will receive the Resolve of your House empowering the Commercial Agent of this State to contract for Arms, &c., also empowering His Excellency the Governor to grant Warrants on the Treasury for the necessary Sums of Money to carry into Effect the purposes therein mentioned, 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 for directing His Excellency the Governor to grant Commissions to certain persons in Bertie 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 Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Resolve of your House requesting His Excellency the Governor to grant Commissions to certain persons in Bertie County, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House requesting His Excellency the Governor to issue a Commission

-------------------- page 783 --------------------
of Brigadier General to Isaac Gregory, Esqr., of the District of Edenton.

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 requesting His Excellency the Governor to make out a Commission of Brigadier General for the District of Edenton to Isaac Gregory, Esqr., in the stead of John Pugh Williams, Esquire, resigned, 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 directing John Ashe, Esqr., Treasurer of the District of Wilmington, to advance a certain Sum therein mentioned to James Bloodworth, Contractor.

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 Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Resolve of your House directing John Ashe, Esqr., Treasurer for the District of Wilmington, to advance to Jas. Bloodworth a Sum therein mentioned, Concurred with.

Ordered that Mr. Speaker & the Clerk of this House sign the Journals as the Acts and Journals of the Senate.

The Business of the Session being finished, The House adjourned till the first Monday in October, then to sit at Halifax.

Allen Jones, S. S.
By order, Sitgreaves, Clerk.