powered by google
Documenting the American South Logo
Colonial and State Records of North Carolina
Advanced Search Options
Minutes of the North Carolina House of Commons
North Carolina. General Assembly
May 03, 1779 - May 12, 1779
Volume 13, Pages 784-824

-------------------- page 784 --------------------
HOUSE JOURNAL.


State of North Carolina,

In the House of Commons, May, 1779.

At a General Assembly begun and held 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 Sheriffs and other returning officers within this State certified that the following persons were duly Elected as members of the Commons House of Assembly for the respective Counties and Towns as follows, Viz.:

Anson—Stephen Miller and Charles Medlock.
Brunswick—
Beaufort—Robert Trip and John Kennedy.
Bladen—Thomas Brown and Samuel Cain.
Bertie—
Burke—Thomas Whitson and William Morrison.
Craven—Hardy Bryan and Benjamin Williams.
Chowan—Thomas Benbury and William Boyd.
Cumberland—Robert Cochran and Robert Rowan.
Chatham—Jonathan Harper and John Luttrell.
Currituck—
Camden—Willis Bright and Caleb Grandy.
Carteret—
Caswell—William Moore and Peter Farrow.
Dobbs—Thomas Gray and Jesse Cobb.
Duplin—Richard Clinton and James Gillespie.
Edgecomb—William Haywood and Etheldred Exum.
Franklin—Thomas Sherrod and Green Hill.
Granville—Thomas Person and Philemon Hawkins, Jun.
Guilford—James Hunter and Daniel Gillespie.
Gates—Jacob Hunter and William Baker.
Hertford—William Wynns and Authur Cotton.
Hyde—
Halifax—
Johnston—Lewis Bryan and Philip Raiford.
Jones—Frederick Harget and Samuel Hill Lincoln.
-------------------- page 785 --------------------
Martin—Samuel Smithwick and Samuel Williams.
Montgomery—John Kimbrough and Solomon Gross.
Mechlinburg—Caleb Phifer and David Wilson.
New Hanover—John A. Campbell and Timothy Bloodworth.
Northampton—Robert Peebles and James Vaughan.
Nash—William Horn and Thomas Hunter.
Orange—William M. Crawley and Mark Patterson.
Onslow—James Howard and Edward Starkey.
Perquimans—
Pasquotank—
Pitt—James Gorham and John Williams.
Rowan—
Randolph—
Rutherford—
Surry—Gray Bynum and Frederick Miller.
Tyrrel—Benjamin Spruill and Joshua Swain.
Wilkes—
Washington—
Warren—Joseph Hawkins and John Macon.
Wake—Thomas Hines and John Hunter, Jun.

Towns.
Wilmington—William Hooper.
New Bern—Richard Cogdell.
Edenton—Robert Smith.
Halifax—Henry Montford.
Hillsborough—
Salisbury—

Pursuant to which the following Members appeared and qualified, by taking the several Oaths by Law appointed for the qualification of Members of the General Assembly, subscribed the same and took their Seats, to wit, Messrs.,

William Haywood.
Henry Montford.
William McCrawley.
John Williams.
Mark Patterson.
Joseph Hawkins.
Wm. Morrison.
James Gorham.
David Wilson.
Daniel Gillespie.
Caleb Phifer.
James Hunter.
Stephen Miller.
Jonathan Harper.
-------------------- page 786 --------------------
Charles Medlock.
Hardy Bryan.
Wm. Horn.
Phil Hawkins.
Thomas Hunter.
John Kennedy.
Richard Cogdell.
James Howard.
Lewis Bryan.
Phillip Raiford.
Thomas Hines.
James Gillespie.
John Hinton.
John Luttrell.
Timothy Bloodworth.
John A. Campbell.
Jesse Cobb.
Robert Tripp.
Thomas Benbury.
Willis Bright.
Fred. Harget.
Richard Clinton.
Saml. Hill.
Solomon Gross.
Gray Bynum.
James Vaughan.
Green Hill. Farrow.
Thomas Sherrod.
Joshua Swain.
John Macon.
Benjamin Spruill.
Robert Rowan.
Jacob Hunter.
Robert Cochran.
William Boyd.
Thomas Brown.
Thomas Person.
Samuel Williams.
Samuel Cain.
Authur Cotton. Thomas Gray.

Mr. Bloodworth proposed for Speaker, Thomas Benbury, Esquire, who was unanimously chosen and conducted to the Chair accordingly.

On motion, John Hunt was appointed Clerk and Mr. John Haywood assistant: who were qualified and took their Seats.

On motion, Evan Swain and John Gooding were appointed Door keepers.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

This House being now formed acquaint you that they are ready to proceed on the dispatch of Publick business.

Resolved, that the following Rules of decorum be observed during the sitting of this House

1st. When the Speaker is in the Chair, every Member shall sit in his place with his Hat off.

2nd. That no person shall pass between the Speaker and the Member then Speaking.

-------------------- page 787 --------------------

3rd. That no member shall be allowed to speak but in his place; and after rising and addressing himself to the Speaker shall not proceed until permitted by the Speaker calling him by name.

4th. That no member shall come into the House, or remove from one place to another, with his Hat on.

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

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

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

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

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

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

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

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

13th. Whoever violates any of the above Rules shall receive such censure as the House shall Direct.

Resolved that Mr. Person, Mr. Bloodworth, Mr. Phil. Hawkins, Mr. Haywood, Mr. Hinton, Mr. Gorham, Mr. Rowan, Mr. Medlock and Mr. Hill, be a Committee of priviledges and Elections.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

In answer to yours we inform you that this House is likewise formed and ready to proceed to business, and propose that the address herewith sent you be presented to His Excellency the Governor.

At the same time received the address referred to in the above Message, and the same being read was ordered to lie on the Table for Consideration.

-------------------- page 788 --------------------

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

This House propose, if agreeable to the House of Commons, to Ballot at 5 o'Clock this Evening for a Governor & Council of State, and put in nomination for Governor, Richard Caswell, Esquire; for a Council of State, Joseph Leech, Robert Bignall, John Simpson, William Bryan, William Whitfield & John Spicer. Should your House accede to this Measure you will signify the same by Message.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & 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, with which we concur, and 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 Guyon, Henry Rhodes, John Sampson & John Spicer, Esquires.

This House have appointed Mr. Person & Mr. Bloodworth to superintend the Balloting on their part.

Resolved, that the Reverend Charles Cupples be appointed Chaplain to this present General Assembly to perform Divine Service at such times as they shall think proper.

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

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House appointing a Chaplain to the present General Assembly.

The House Adjourned til 4 o'Clock P. M.

-------------------- page 789 --------------------

The House met according to Adjournment.

Mr. Person, one of the Committee, on the part of this House, appointed to superintend the Balloting for a Governor & Council, Reported that Richard Caswell, Esquire, was unanimously Elected Governor; That Joseph Leech, Robert Bignall, John Sampson, John Simpson, Thomas Respass, Sen., Isaac Guyon and William Whitfield, Esquires, were Elected a Council of State, by a Majority of the votes of both Houses.

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

Ordered that the following Message be addressed to His Excellency the Governor:

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

Sir:

The General Assembly this day proceeded to the appointment of a Governor for the current year. You, Sir was unanimously Elected to fill that important office; we therefore hope you will qualify and proceed in the Election thereof.

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

Mr. Speaker & Gentlemen of the Senate:

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

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return your Resolve appointing the Revd. Charles Cupples, Chaplain to the present Assembly, concurred with.

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

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

-------------------- page 790 --------------------

Tuesday, 4th May, 1779.

The House met according to Adjournment.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

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 & Credit of the Publick;

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

Resolved, that Mr. Cogdell, Mr. Clinton, Mr. Phifer, Mr. Hines, Mr. Montford, Mr. Wilson and Mr. Campbell, be a Committee of Claims, on the part of this House, to Act with the Gentlemen appointed by the Senate for that purpose, to sit at Col. William Bryan's. That Mr. Horn, Mr. Hunter, Mr. Macon, Mr. Boyd, Mr. McCrawley, Mr. Vaughan and Mr. Joseph Hawkins, be a Committee of Claims, on the part of this House, to Act with the Gentlemen appointed by the Senate for that purpose, to sit at Mr. John Smith's. That Mr. Cain, Mr. Howard, Mr. Williams, Mr. Gillespie, Mr. Cochran and Mr. Brown, be a Committee of Claims, on the part of this House, to act with the Gentlemen appointed by the Senate for that purpose, to sit at Mr. Needham Bryan's; and that Mr. Person, Mr. G. Hill, Mr. T. Gray, Mr. P. Hawkins, be a Committee of Accounts, on the part of this House, to Act with the Gentlemen appointed by the Senate for that purpose.

-------------------- page 791 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

This House have rec'd the Resolve of yours appointing Committees of Claims and Accounts, to Act with such Gentlemen of this House as might be appointed for these purposes, and have appointed Mr. Cogdell, Mr. Clinton, Mr. Phifer, Mr. Hines, Mr. Montfort, Mr. Wilson and 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. McCrawley, Mr. Vaughan and 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 and Mr. Brown, to Act with the Gentlemen by you appointed, to settle and 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.

Received from His Excellency the Governor the following Message:

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

Gentlemen:

In answer to your Message of yesterday acquainting me that you had made choice of me as Governor of the State for the Current year, and requesting that I would qualify and proceed in the Execution of that important office.

I take the Liberty of informing you that it would have been much more agreeable to me to have returned to my own concerns in private life, which have suffered much by my having from the first of our Disputes with Great Britain Given up my whole time to the service of the Public, and altho' the General Assembly have heretofore made such allowances as might have been considered as Adequate to my services, yet the depreciation of Currency has been such as to render such allowances far short of the expenses incident to my appointment.

The appointment is, I know, important, and the manner in which I have received it very Honorable, yet I am morally Certain

-------------------- page 792 --------------------
the General Assembly do not wish me to make so Great a sacrifice in prejudice to my Family, therefore, in order to prevent delay in the necessary Business, and in full confidence that a Reasonable allowance will be made me, or that my Resignation will be received, I have qualified to the appointment and shall proceed in the execution of the office.

R. CASWELL.

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

Mr. Speaker & Gentlemen of the Senate:

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

Received from His Excellency the Governor the following Message:

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

Gentlemen:

The raging of the Small Pox in the Town of New Bern, having prevented your assembling there on the Time appointed by Law for the annual meeting of the General Assembly, and being, myself, of opinion that our public affairs required as speedy a meeting of the Legislature as might be practicable, but not having power to call the same to any other place, than that to which the same stood adjourned, I was induced to request your attendance at this place, not only for the purpose of making your Election of the public officers of the State, who are directed by the Constitution to be annually chosen, but also to take under consideration sundry weighty matters proper for your deliberation, such as the State of your Continental Battalions, the pay of our Militia which have been and now are in actual service, the sending a further aid to the assistance of the Southern States, and providing our Militia with Arms and accoutrements.

To show the necessity of your entering immediately upon the Consideration of these matters, I lay before you sundry Letters from the General Officers, and Governor of South Carolina, with

-------------------- page 793 --------------------
other Papers containing information respecting the same, and I shall direct the public accounts to be also laid before you, by which, you will be acquainted with the exhausted state of the Treasury. You will also receive General Bryan's Resignation, whose place you will please supply by the appointment of such person as you shall think proper.


4th May, 1779.
R. CASWELL.

At the same time received the Letters and other papers referred to in the above Message, and the same being read were ordered to be sent to the Senate, together with 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 and other papers, therein referred to, which we herewith send for your perusal.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence the 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.

At the same time received the Resolve of the Senate referred to in the above Message, and the same being read,

Resolved, that Mr. Haywood, Mr. Person, Mr. G. Hill, Mr. P. Hawkins, Mr. Campbell, Mr. Bloodworth, Mr. Gorham and Mr. Hinton, be a Committee, on the part of this House, to act jointly with the Gentlemen of the Senate, for the purpose before mentioned.

Ordered that the following Message be sent to the Senate:

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,

-------------------- page 794 --------------------
Mr. G. Hill, Mr. P. Hawkins, Mr. Campbell, Mr. Bloodworth, Mr. Gorham & Mr. Hinton, a Committee.

Mr. Edward Starkey, one of the members for Onslow County, appeared, was qualified and took his seat.

The House Adjourned til To-morrow Morning 8 o'Clock.

———


Wednesday, 5th May, 1779.

The House met according to Adjournment.

Mr. Joseph Hancock, one of the members for Hyde County; Mr. William Wynns, one of the Members for Hertford County; Mr. James Campbell, one of the members for Bertie County, and Mr. Willie Jones, one of the members for Halifax County, appeared, were qualified and took their Seats.

Whereas, Walter Gibson, Esqr., of Bladen County, one of the Nine Month's men in apprehending a Deserter, received a wound whereby he is disabled from Military Service, therefore

Resolved, that he be discharged from the same.

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

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House in favour of Walter Gibson, Esquire, and sundry papers relative thereto.

Read the recommendation of General McIntosh in favour of James Christian, a disabled Soldier.

Resolved, that Mr. Person, Mr. Hawkins, Mr. Bloodworth, Mr. Starkey, Mr. Hunter, Mr. Harper & Mr. Horn, be a Committee to take the same into consideration and report what allowance ought to be made to the said James Christian.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

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

-------------------- page 795 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

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

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

This House have appointed Messrs. Davis, Rand, Respass, and 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.

Resolved, that Mr. Jones, Mr. Starkey, Mr. Gray, Mr. Person, Mr. Haywood, Mr. Horn, Mr. Cogdell, Mr. Hawkins & Mr. Hill, be a Committee, on the part of this House, to act jointly with the Committee appointed of the Senate, for the purposes above mentioned.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Mr. Jones, Mr. Starkey, Mr. Gray, Mr. Person, Mr. Haywood, Mr. Horn, Mr. Cogdell, Mr. Hawkins and 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.

Resolved, that the Commissary of Stores be, and he is hereby directed to furnish William Bufort, who has served as a Cornet in Capt. Samuel Ashe's Troop of Light Horse, with a suit of Cloaths at the same price that other officers in the service of this State are entitled to draw them at.

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

Mr. Speaker & Gentlemen of the Senate:

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

-------------------- page 796 --------------------

Received from His Excellency the Governor the following Messages:

To the Honorable the General Assembly:

Gentlemen:

Herewith you will receive a Letter from the War Office, inclosing an order of that Board respecting the officers of the Third North Carolina Regiment, which I beg leave to refer to your Consideration.


5th May, 1779,
R. CASWELL.

To the Honorable the General Assembly:

Gentlemen:

I have this day received Several Resolutions of Congress, recommending certain measures for the defence of the Southern States, which I send for your perusal and Consideration.


5th May, 1779.
R. CASWELL.

At the same time received the Several Letters, Resolutions, of Congress, &c., &c., referred to in the above Messages, and the same being read were ordered to be sent to the Senate, together with 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.

The Chairman of the Committee of Claims Reported that there is due to James Glasgow, Esqr., Secretary, the sum of one Thousand Three Hundred and fifty-seven pounds Sixteen Shillings and nine pence, for Money expended & paid for sundry Public Services, as appears by his Account filed.

Resolved, therefore, that the Treasurers or either of them pay the said James Glasgow, Esquire, Secretary, the aforesaid sum of one Thousand Three Hundred and fifty-seven pounds Sixteen Shillings & nine pence, and be allowed.

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

-------------------- page 797 --------------------

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House in favour of James Glasgow, Esquire, Secretary.

On reading the Petition of Captain Francis Tartasan,

Resolved, that His Excellency the Governor be requested to grant a Commission of Lieutenant Colonel to the said Francis Tartasan, as a Testimony of our approbation of his conduct, and in order to give him Rank in his native County: provided, nevertheless, that the said Francis Tartasan shall not be entitled to any pay or Rank in this State in Consequence of such Commission.

Resolved, also, that Mr. Craik, the Commissary of Stores, be directed to supply Mr. Tartasan with a suit of Cloaths, upon the same terms, provided by former Resolutions respecting Continental Officers in the service of this State.

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

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House in favour of Captain Francis Tartasan.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

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

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

The Resolve of your House in favour of James Glasgow, Esquire, we herewith return, Concurred with.

At the same time received the Resolves of this House referred to in the above Message, Concurred with.

Resolved, that Mr. John Montgomery, of Chatham County, deliver unto Mrs. McDonald, Wife to Alexander McDonald, or to her order, a Still which he has in his possession, the property of the said Alexander McDonald.

-------------------- page 798 --------------------

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

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House in favour of Mrs. McDonald, wife to Alexander McDonald.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

Herewith you'l receive the Resolve of your House in favour of Captain Tartasan, Concurred with.

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

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Resolve of your House in favour of Mrs. McDonald, Concurred with.

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

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

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

At the same time received the Resolve of the Senate, &c., referred to in the above Message, and the same being read was Concurred with.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

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

The House Adjourned till To-morrow Morning 8 o'clock.

———

-------------------- page 799 --------------------

Thursday, 6th May, 1779.

The House met according to Adjournment.

Mr, Ethelred Exum, one of the members for Edgecomb County; Mr. Frederick Miller, one of the members for Surry County; Mr. Thomas Reding, one of the members for Pasquotank County; and Mr. John Kimbrough, one of the members for Montgomery, appeared, were qualified and took their Seats.

The Honorable the Speaker laid before the House a Letter from the Governor of Virginia to Gov. Caswell, requesting that an aid from this State be sent to the assistance of Georgia; that in lieu of such Aid from this State, Virginia would send the same number of Men to do duty here until their return.

Also one other Letter from Brigadier General Sumner, with a return of the North Carolina Brigade under his Command, and the same being read were ordered to be sent to the Senate together with the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your perusal a letter from the Governor of Virginia to Governor Caswell, of the 17th of April last; and also one other Letter from General Summer, the 10th, with a return of the North Carolina Brigade under his Command.

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


Friday, 7th May, 1779.

The House met according to adjournment.

Mr. Robert Smith, the Member for the Town of Edenton, appeared, was qualified and took his Seat.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House impowering the Treasurers to receive of the Sheriffs, Collectors & Entry Takers, the Emissions of 20th May, 1777, and 11th April, 1778.

-------------------- page 800 --------------------

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker & 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, and 11th April, 1778.

Col. Haywood, from the joint Committee appointed to Consider what Bills of a General nature are necessary to be passed into laws during the present Session, Reported as follows:

That it is absolutely necessary the following Bills should be passed into Laws, Viz.

A Bill for raising Troops to fill up the Continental Battalions belonging to this State.

A Bill to enable the overseers of the poor to lay a further or greater Tax.

A Bill for ascertaining the Salaries of the Governor and other officers.

A Bill for Establishing a State Loan office.

A Bill to enable the Governor with the advice of the Council to raise and March two Thousand or less of the Militia to the Assistance of South Carolina.

The House taking the said Report into Consideration, Concurred therewith.

Ordered that the above Report be sent to the Senate for their Concurrence, ogetther with 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 into Laws during the present Session, Concurred with by this House.

The Honbl. the Speaker laid before the House two letters from Colo. Jonas Johnston, of the 3rd of April last, addressed to the Speakers of the General Assembly, &c., as also one other from James Davis, Esqr., and the same being read were ordered to be

-------------------- page 801 --------------------
sent to the Senate, for their perusal, together with the following Message:

Mr. Speaker & Gentlemen of the Senate:

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

On motion,

Resolved, that Major General Ashe have leave to lay before this House To-morrow such papers, &c., as he may think necessary relative to his late Expedition to the Southward.

Received from the Senate the following Message:

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 this present Session, Concurred with by this House.

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

Mr. Gray moved for leave and presented a Bill for raising Regular Forces for Defence of the United States, and for relieving the good People of this State, as far as may be, from the Inconveniences of Drafts, and for other purposes, which was read the first time, passed and sent to the Senate.

Mr. Starkey moved for leave and presented a Bill for continuing and amending an Act for allowing Salaries to the Governor, Members of the Council of State, Secretary, Treasurers, & for other purposes, which was read the first time, passed and sent to the Senate.

Received from the Senate the following Message:

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 of His Excellency, Governor Henry to Him.

-------------------- page 802 --------------------

Resolved, that Mr. Jones be appointed to act with Mr. Davis for the purposes above mentioned.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & 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 House, to draw up and report Instructions to be given His Excellency the Governor relative to the Letter from His Excellency Governor Henry, &c., and have, for that purpose, on their part, appointed Mr. Jones.

Received from the Senate the following Message:

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 McKnight's Negroes, into the hands of Colo. Ramsey, who is thereby directed to collect & account for the Monies for said Bonds with the next General Assembly.

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House directing Mr. Owen to deliver the Bonds for the Hire of McKnight's Negroes, into the hands of Colo. Ramsey, &c., Concurred with by this House.

Mr. Hill moved for leave and presented a Bill for amending an Act for making provisions for the poor, and for other purposes, which was read the first time, passed and sent to the Senate.

Received from the Senate the Bill for emitting Money for Defraying the expense of the War, and other purposes therein mentioned.

Ordered that the said Bill be read.

The same was read the first time, passed and sent to the Senate.

-------------------- page 803 --------------------

Read the Petition of Charles Medlock, Colo. of the Anson Regiment of Militia, praying, &c.

Ordered that the same be referred to a joint Committee. That for this purpose Mr. Bloodworth, Mr. Jones and Mr. Person, be a Committee on the part of this House.

Ordered that the following Message be sent to the Senate:

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 and Mr. Person, a Committee.

Received from the Senate the following Message:

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.

At the same time received the Report of the Committee of Claims, referred to in the above Message, and the same being read was Rejected.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

We cannot concur with your House in receiving the Report of the Committee of Claims respecting Messrs. Caldwell and 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.

Received from the Senate the following Message:

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 & Claims.

-------------------- page 804 --------------------

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

Resolved, that His Excellency the Governor be requested to grant a warrant on the Treasury in favour of David Caldwell, for the sum of Eight Thousand nine Hundred & Sixty-two pounds three Shillings, to enable him to discharge sundry Contracts for provisions, &., he first giving Bond & Security to account with the General Assembly at their next Session for the same.

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

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House requesting His Excellency the Governor to grant a warrant on the Treasury in favour of David Caldwell, for certain sum therein mentioned.

Resolved, that George Pearce and John Simmons, of Franklin County, be for the future exempted from the payment of Taxes, they being recommended by the Court of the said County as proper persons to be exempted.

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

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House for exempting the persons therein mentioned from the payment of Taxes.

Read the Petition of Stephen Snell and James Spellen, praying, &c.

Ordered that the same be referred to a Committee; that Mr. Jones, Mr. Montford, Mr. Haywood, Mr. Smith and Mr. Lewis Bryan, be a Committee for that purpose.

This House being informed that the Commissary of the Militia, imbodied in Wilmington District, and the Commissary of the State Regiment, have issued Rum to the Soldiers belonging thereto, on a supposition that they were entitled to the same under the expression in the Militia Law, which declares that they shall have the same pay & Rations as Continental Troops, and being of

-------------------- page 805 --------------------
opinion that such allowance is not included within the meaning of that expression,

Resolved, therefore, that His Excellency the Governor be desired to issue orders to the proper officers Countermanding such allowances in future, as no charge for Rum, issued to any Troops while in the State (the Men lately drafted to March to the Southward excepted), will be hereafter allowed, unless by Law directed.

Resolved, that His Excellency the Governor be directed to issue orders to General Lillington to discharge the Militia, imbodied in Wilmington District, immediately.

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

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House 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 imbodied in the District of Wilmington.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

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

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

The Resolve of your House impowering David Caldwell to draw a certain sum of Money from the Treasury we return you, with this, Concurred with.

Received from the Senate the following Message:

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 Colo. Irwin and Mr. Childs, to act with the Gentlemen by you appointed.

-------------------- page 806 --------------------

At the same time received the several Resolves of this House referred to in the above Message, Concurred with.

The House Adjourned til Saturday Morning 9 o'Clock.

———


Saturday, 8th May, 1776.

The House met according to Adjournment.

Mr. Absolom Tatum, one of the Members for Randolph County, appeared, was qualified and took his Seat.

The House being informed that Mr. Absolom Tatum, one of the Members for Randolph County, was Clerk of the Court of the said County, and of course not entitled to a Seat in this House, therefore,

Resolved, that a writ of Election issue to the said County for the Election of one member of this House in the room of the said Tatum, That the said election be held on the 17th and 18th Day of June next.

Mr. Haywood, from the Committee to whom was referred the Petition of Stephen Snell and James Spellen, Prisoners, paroled to Halifax, &c., Reported as follows:

That having duly considered the prayer of the said Petition, we are of opinion that there is not even a probability of any Cartel's taking place by which they cou'd possibly be exchanged, and are therefore of opinion that they continue at Halifax under the Regulations and provisions that other prisoners paroled to Halifax are.

The House taking the said Report into Consideration, Concurred therewith.

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

Mr. Speaker & Gentlemen of the Senate:

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

Mr. Bloodworth moved for leave to withdraw and amend the “Bill” for raising Regular Forces for the Defence of the United

-------------------- page 807 --------------------
States, and for relieving the good People of this State, as far as may be, from the Inconvenience of Drafts, &c.

Ordered that he have leave accordingly.

The Honorable the Speaker laid before the House a Letter from Waightstill Avery, Esqr., Attorney General, Resigning his office.

Received from the Senate the following Message:

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.

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

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

Ordered that the said Bill be read the second time.

The same was read the Second time, amended, passed and sent to the Senate.

Read the Report of the joint Committee appointed to consider of the Salaries of the Several public officers of the State, which was ordered to lie on the Table for further Consideration.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

This House propose, if agreeable to the House of Commons, 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 Courts, in the room of Archibald Maclaine, Esquire, who refuses to act; and the time and place for holding the next General Assembly at; 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, Esquire, of Granville, Attorney General———.

For the place of holding the next Assembly, Hillsborough, New Bern, Halifax; and for the time when, the first Monday in October and Second Monday in November.

-------------------- page 808 --------------------

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

Should your House accede to this measure you will Signify the same to the Senate:

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

This House have received the Message of yours proposing the 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, Esqr., Resigned; and 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; and the time and place for holding the next General Assembly; to which we agree, 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, and Richard Henderson; Attorney General, Bromfield Redley, James Williams and Joseph Taylor; For the place of holding the next Assembly, Hillsborough, New Bern, and Halifax; and for the time when, the first Monday in October and Second Monday in November.

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

Mr. Jones moved for leave and presented a Bill for Establishing State Loan Offices, for the purpose of borrowing Money to defray the Expences of the War, which he read in his place and Delivered in at the Table where it was again read, passed and sent to the Senate.

Read the Petition of Etheldred Ruffin, complaining of an undue Election in Dobbs County.

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

Received from the Senate the following Message:

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 and James Spellen, Concurred with by this House.

-------------------- page 809 --------------------

At the same time received the Report of the Committee referred to in the above Message, Concurred with.

Received from the Senate the following Message:

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 & 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.

At the same time received the Resolve of the Senate, referred to in the above Message, and the same being read was ordered to lie over until Monday, for consideration.

Whereas, the proper Education of youth in this State is Highly necessary and would answer the most valuable and Beneficial purposes to the good people thereof; and,

Whereas, the County of Granville, from its situation, both pleasant and healthy, well Watered and abounding with provisions, is a fit and proper place to Erect Buildings for a Seminary of Learning; and,

Whereas, Large Sums of Money have already been subscribed to promote and Encourage such a Laudable and Beneficial Establishment, which, Together with such other sums as may be given in Donations and otherwise, will answer the Expence attending the same; and,

Whereas, it is necessary and Convenient that Trustees should be appointed, with full and ample powers for the Government thereof, and for other purposes;

Resolved, that His Excellency, Richard Caswell, Esqr., Allen Jones, Abner Nash, Samuel Johnston, William Hooper, Henry Patillo, Thomas Person, Richard Henderson, John Williams, Edmund Taylor, John Taylor, William Bullock, Howel Lewis, Memucan Hunt, Philemon Hawkins, jun., Robert Lewis, Charles Rust Eaton, John Young, Samuel Stith, Benjamin Seawell, James Sanders, Osborn Jeffreys, William Johnston, Philemon

-------------------- page 810 --------------------
Hawkins and Thomas Banks, Esquires, Be and they are hereby Constituted and appointed Trustees, with full power and authority to Receive into their hands and possession all Monies or other Personal property, as also to receive a Grant or Grants in fee for all such Lands as shall be given in Donations, with such Uses and Trust necessary for the purpose aforesaid, And that a Majority of the said Trustees shall be, and they are hereby declared, a Board to make Choice of Land, Receive on Donation, or purchase, the same in the said County, not Containing less than one Thousand Acres of Land, whereon to Erect the Buildings of the Academy aforesaid, which, when Built, shall be Called Granville Hall; and that a Majority of the said Trustees shall be a Board, on other occasions, to make all such Regulations necessary for the Improvement of the said Academy, who are hereby Vested with all such powers and authorities as the Trustees of any Academy in this State by Law possess and hold for the purposes aforesaid, and that a Majority of the Trustees aforesaid shall lay out one Hundred Acres of the said Land into half Acre Lotts, with proper Streets and squares, and when Fifty Lotts are Subscribed for, the same to be drawn by Ballot, and any five of the said Trustees shall make a Deed in fee to the Subscriber, who shall draw a Lott or Lotts as aforesaid.

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

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House for establishing an academy in Granville County, and for other purposes therein mentioned.

The House Adjourned til 4 o'Clock P. M.

-------------------- page 811 --------------------

The House met according to adjournment.

Mr. Green Hill, one of the Committee appointed, on the part of this House, to Superintend the Balloting for Continental Delegates, a Brigadier General for the District of New Bern, Attorney General, a judge of the Superior Court, the place where and the time when the next Session of Assembly shall be held, Reported,

That by a Majority of the votes of both Houses, Thomas McGuire, Esqr., was Elected Attorney General; John Williams, Esquire, of Granville, a judge; William Caswell, Esquire, Brigadier General; John Penn and Cornelius Harnett, Esquires, Delegates; That the next Session of General Assembly is to be held at Halifax, on the first Monday in October next.

The House taking the said Report into Consideration, Concurred therewith.

The several Matters to this Day referred being postponed the House Adjourned til Monday Morning 8 o'clock.

———


Monday, 10th May, 1779.

The House met according to Adjournment.

Mr. Robert Peebles, one of the Members for Northampton County; Mr. Miles Abernathy, one of the members for Lincoln; Mr. Thomas Younghusband, one of the members for Currituck; Mr. John Blackstock, one of the members for Pasquotank; appeared, were qualified and took their Seats.

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

Ordered that the said Bill be read the second time.

The same was read the second time, amended, passed and sent to the Senate.

On reading the above Bill the second time, Mr. Person moved for leave to amend it by inserting the words Three Thousand five Hundred pounds, as the Salary of the Governor for the Current year. This was objected to and a greater sum proposed.

Then, on motion, the question was put for 3500, or a greater sum, and carried for the Greater.

-------------------- page 812 --------------------

Then £6.000 was proposed. This being objected to, the Question was put for £6.000 or a less sum and carried for £6.000, 34 to 23.

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

Yeas:—Messrs. McCrawley, Patterson, Morrison, Wilson, Miller, Medlock, Horn, Cogdell, Lewis Bryan, Cobb, Harget, S. Hill, Montfort, J. Williams, J. Hawkins, J. Hunter, Harper, H. Bryan, Kennedy, Howard, Raiford, J. Gillespie, Luttrell, Bright, Starkey, Rowan, Cochran, S. Williams, Cotton, Jacob Hunter, Boyd, T. Gray, W. Wynns and R. Smith.

Nays.—Messrs. Haywood, Phifer, Hinton, Bloodworth, Bynum, G. Hill, Sherrod, Macon, D. Gillespie, P. Hawkins, J. Campbell, Tripp, Clinton, Gross, Farrow, Swain, Spruill, Brown, Person, Cain, Exum, F. Miller and Kinbrough.

Mr. Person proposed, as another amendment in the said Bill, that five pounds per Day be allowed to each of the Members of the Council while on Duty. This was objected to and a greater sum proposed. The Question was put for five pounds or a greater sum & carried for the greater. Then Eight pounds was proposed. This being objected to, the question was put & carried in the affirmative.

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

Yeas.—Messrs. McCrawley, Patterson, Morrison, Cogdell, L. Bryan, Bloodworth, Cobb, Harget, S. Hill, Montfort, J. Williams, J. Hawkins, D. Gillespie, Harper, H. Bryan, Kennedy, Raiford, J. Gillespie, Tripp, Swain, Starkey, Rowan, Cochran, S. Williams, Cotton, Gray and Smith.

Nays.—Messrs. Haywood, Wilson, Phifer, S. Miller, Medlock, Horn, Hinton, Bynum, G. Hill, Sherrod, Macon, Jas. Hunter, P. Hawkins, J. Howard, J. Campbell, Clinton, Gross, Farrow, Spruill, Brown, Jacob Hunter, Boyd, Person, Cain, Exum, F. Miller, and Kimbrough.

Mr. Bloodworth proposed, as another amendment to the said Bill, that the Public Secretary be allowed two Thousand five Hundred pounds, as a Salary for the Current year, for his public services, exclusive of Fees. This was objected to, and a less sum

-------------------- page 813 --------------------
proposed. The Question was put for £2500 or a less sum, and carried in the affirmative, 34 to 19.

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

Yeas.—Messrs. Haywood, McCrawley, Patterson, Wilson, Phifer, S. Miller, Medlock, Cogdell, S. Bryan, Hinton, Bloodworth, Cobb, Harget, S. Hill, Montfort, J. Williams, Harper, H. Bryan, Kennedy, Raiford, J. Gillespie, J. Campbell, Bright, Clinton, Farrow, Starkey, Cotton, Boyd, J. Campbell, W. Wynns, F. Miller, Smith, S. Miller and T. Gray.

Nays.—Messrs. Morrison, Horn, Bynum, G. Hill, Sherrod, Macon, Jas. Hunter, P. Hawkins, Howard, Gross, Swain, Spruill, S. Williams, Jacob Hunter, Person, Cain, Exum, Kimbrough and Brown.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

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

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

The Honorbl. the Speaker laid before the House a Letter from Genl. William Skinner, Esquire, resigning his Commission as Brigadier General of the District of Edenton.

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

Mr. Speaker & Gentlemen of the Senate:

You will herewith receive the Resignation of General William Skinner, Esqr., &c.

Received from the Senate the Bill to amend an Act entitled an act for laying a Tax for defraying the Contingencies of the Several Counties in this State, and for other Purposes.

Ordered that the said Bill be read.

The same was read the first time, passed and sent to the Senate.

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

-------------------- page 814 --------------------

Ordered that the said Bill be read the third time.

The same was read the third time, amended, passed and sent to the Senate.

Resolved, that this House will To-morrow proceed to read, for the third and last time, the Bill for continuing and amending an Act for allowing Salaries to the Governor, Members of the Council of State, and for other purposes.

Mr. Rowan moved for leave and presented a Bill to amend an Act entitled an Act for directing the method of appointing Jurors in all Causes, Civil and Criminal, which he read in his place & delivered in at the Table, where it was again read, passed and sent to the Senate.

Mr. Bloodworth presented a Petition from a Number of the Inhabitants of New Hanover County, praying to have a part of the Militia, under the Command of Gen. Lillington, kept up as a Guard over the Salt works, &c.

Ordered that the said Petition be read.

The same being read, was Rejected.

Resolved, that Nicholas Long, Esquire, Deputy Quarter Master General, be, and he is hereby directed, to send to the States of Virginia and South Carolina, for all the Fire Arms, in said States, which have been deposited there by the Soldiers from this State. That he have the same repaired and Stored at Halifax, and return an Account of his expenditures to the General Assembly at their next Session.

Ordered that the above Resolve be sent to the Senate, for their Concurrence, together with the following Messages:

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 & South Carolina for Fire Arms, &c.

Resolved, that John Penn and Cornelius Harnett, Esquires, Delegates, appointed by the present General Assembly, to represent this State in Congress the ensuing year, in conjunction with Whitmell Hill, Thomas Burke, Joseph Hewes and William Sharpe, Esquires, be, and they are hereby invested with the same

-------------------- page 815 --------------------
powers & authorities that the Delegates appointed by the last General Assembly of this State were invested with.

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

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve investing the Honorable John Penn and Cornelius Harnett, Esquires, Delegates, with certain powers.

The House Adjourned til 4 o'Clock P. M.

———

This House met according to Adjournment.

Resolved, that the Reverend Mr. Charles Cupples be allowed the sum of two Hundred pounds for his attendance as Chaplain to the present General Assembly, that the Treasurers or either of them pay him the same and be allowed.

Resolved, also, that Mr. Cupples have leave to absent himself from any further attendance on this Assembly.

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

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House in favour of the Rev. Mr. Cupples.

Received from the Senate the Bill for establishing State Loan offices, for the purpose of borrowing Money to defray the expences of the War.

Ordered that the said Bill be read the second time.

The same was read the second time and Rejected.

Mr. Maxwell Chambers, the Member for the Town of Salisbury, appeared, was qualified and took his seat.

Received from the Senate the following Messages:

Mr. Speaker & Gentlemen of the House of Commons:

Herewith you will receive the Resolve of your House directing

-------------------- page 816 --------------------
Nicholas Long, Esquire, Deputy Quarter Master General, to send to the States of Virginia and South Carolina for Fire Arms, &c., Concurred with.

Mr. Speaker & Gentlemen of the House of Commons:

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

At the same time received the Resolves of this House referred to in the above Messages, Concurred with.

Mr. Bloodworth, who had leave to take out and amend the Bill for raising Forces for the Defence of the United States, &c., brought in the same amended.

Ordered that the said Bill be read the second time, with the amendments.

The same was read the second time, with the amendments, passed and sent to the Senate.

The several Matters to this day referred being postponed, the House Adjourned til to-Morrow Morning 9 o'clock.

———


Tuesday, 11th May, 1779.

The House met according to Adjournment.

On reading the Petition of Bryan Crosbie, of Hillsborough, praying for leave to return to England, &c.

Resolved, that His Excellency the Governor be requested to grant a permit to the said Crosbie to embark in any of the vessels bound from this State to Virginia to the French West Islands or any of them.

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

-------------------- page 817 --------------------

Mr. Speaker & Gentlemen of the Senate:

We herewith send, for your Concurrence, a Resolve of this House in favour of Mr. Bryan Crosbie.

Mr. Hooper, the Member for the Town of Wilmington, appeared, was qualified and took his Seat.

Resolved, that His Excellency the Governor be requested to Grant a Warrant on the Treasury in favour of Thomas Craik, Esquire, Commissary of Stores, for any Sum of Money not exceeding one Hundred Thousand Pounds, to enable him to purchase Cloathing, &c., for the Continental Soldiers belonging to this State. That for this purpose he immediately proceed to Charles Town in South Carolina, or elsewhere.

Resolved, also, that His Excellency the Governor, with the advice of the Council, be impowered to grant a Warrant on the Treasury for any further sum which may appear necessary.

Resolved, further, that His Excellency the Governor be requested to write to the Governor of South Carolina, requesting that he will give Mr. Craik all necessary aid or assistance in his power, towards the Accomplishment of the End proposed by the preceeding Resolution.

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

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House impowering His Excellency the Governor to Grant a Warrant on the Treasury for a sum of Money not exceeding one Hundred Thousand Pounds, &c., for the purposes therein mentioned.

Order of the Day for reading the third and last time the Bill for continuing and amending an Act for allowing Salaries to the Governor, Members of the Council of State, and for other purposes, being called for and read,

Ordered that the said Bill be read the third time.

The same was read the third time, amended, passed and sent to the Senate.

Received from the Senate the Bill to enable the Governor, with the advice of the Council, to imbody and March to the aid of any of the Neighboring States any Number of the Militia, not exceeding

-------------------- page 818 --------------------
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.

Ordered that the said Bill be read.

The same was read the first time, passed and sent to the Senate.

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

Ordered that the said Bill be read the second time.

The same was read the second time, amended, passed and sent to the Senate.

Received from the Senate the Bill to amend an Act entitled an act for directing the method of appointing Jurors in all Causes civil and Criminal.

Ordered that the said Bill be read the second time.

The same was read the second time and Rejected.

The House Adjourned til 4 o'Clock P. M.

———

The House met according to Adjournment.

Received from the Senate the following Messages:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Resolve of your House in favour of Bryan Crosbie, Concurred with.

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.

At the same time received the Resolves of this House referred to in the above Messages.

Resolved, that three persons be appointed to Adjust the Accounts of this State with the Continental Congress; and that they be directed to observe the due distinctions betwixt the charges proper to be made against the State for expenses incurred for the sole

-------------------- page 819 --------------------
benefit thereof from those which have been incurred by this State for the benefit of the Continent at large, and that they regulate the vouchers upon which such charges are made, and, in every other matter relative thereunto, they pursue such plan as may best conduce to obtain a full and satisfactory view of such accounts and do justice to this State.

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

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House for appointing Persons to Adjust the Accounts of this State with the Continental Congress, &c.

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

Ordered that the same be read the second time.

The same was read the second time, amended, passed and sent to the Senate.

Read the Petition of John Cruden, Sen., praying to be admitted a Citizen of this State.

Resolved, that the same be referred to a joint Committee. That Mr. Pebles, Mr. Starkey, Mr. Brown, Mr. Cochran and Mr. Medlock, be a Committee, on the part of this House, for the purposes aforesaid.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

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. Pebles, Mr. Starkey, Mr. Brown, Mr. Cochran and Mr. Medlock, a Committee.

The House Adjourned til To-morrow Morning 8 o'Clock.

-------------------- page 820 --------------------

Wednesday, 12th May, 1779.

The House met according to Adjournment.

Mr. Samuel Smithwick, one of the Members for Martin County, appeared, was qualified and took his Seat.

Resolved, that the reading of the Bill for raising Regular Forces for the Defence of the United States be postponed until To-morrow Morning.

Resolved, that Mr. Jones, Mr. Rowan, Mr. Person, Mr. Luttrell and Mr. Smith, be a Committee, on the part of this House, to act jointly with such Gentlemen of the Senate as may be appointed, to take into Consideration the Case of our Continental Officers, &c., and making further provision for the same.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

This House have directed their Clerk to make out the Estimate of allowances to their Members, to include Saturday next, at Thirteen Dollars per Day, and desire your Concurrence of the Senate.

Resolved, that Mr. Ambrose Ramsey, Esqr., be appointed Brigadier General of the District of Hillsborough protempore, in the room of Brigadier General Butler who is out upon Duty, that a certificate of his appointment, Signed by the Speakers of the Assembly, shall operate as a Commission.

Ordered that the above Resolve be sent to the Senate, for their Concurrence, together with the following Message;

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House

-------------------- page 821 --------------------
appointing a Brigadier General for the District of Hillsborough protempore.

Received from the Senate the following Message:

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, &c., Concurred with.

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

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

This House have received your Message, with the Petition of John Cruden, and have appointed Mr. Johnston and Mr. Irwin, to act with the Gentlemen by you appointed, as a Committee to take under Consideration said Petition.

Received from the Senate the following Message:

Mr. Speaker & 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.

Received from the Senate the following Message:

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 per Day each; 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.

Ordered that the following Message be sent to the Senate:

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

-------------------- page 822 --------------------
they think Thirteen Dollars barely adequate, considering their expences.

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.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

This House observe a certain Ephraim Barns is recommended as a Justice of the Peace for the County of Edgecomb, whose name was erased by order of this House before the Book of 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.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

This House have received the Message of yours proposing to strike the name of Ephraim Barns from the Book of Justices, and cannot Concur therewith.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

Herewith you will receive the Resolve of your House appointing a Brigadier General protempore, for the District of Hillsborough, Concurred with.

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

Received from the Senate the following Message:

Mr. Speaker & 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 Senate the following Message:

-------------------- page 823 --------------------

Mr. Speaker & Gentlemen of the House of Commons:

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

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

Whereas, by omission of the Sheriff of Orange County, the Town of Hillsborough is Destitute of Commissioners.

Resolved, therefore, that the Sheriff of the said County be impowered to hold an Election on the first Monday in June next, for seven Persons qualified for the purpose to regulate the said Town agreeable to an act of Assembly for that purpose, and that they hold and exercise all the powers and authorities that the Managers thereof have been heretofore invested with untill their next annual Election.

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

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House impowering the Sheriff of Orange County to hold an Election for Commissioners for the Town of Hillsborough.

[Note. Here there is a hiatus in the MSS. Journals.—Ed.]

LIST OF MEMBERS:
William Haywood,
John Campbell,
William McCrawley,
Robert Tripp,
Mark Patterson,
Willis Bright,
William Morrison,
Richard Clinton,
David Wilson,
Solomon Gross,
Caleb Phifer,
James Vaughan,
Stephen Miller,
Peter Farrow,
Charles Medlock,
Joshua Swain,
William Horn,
Benjamin Spruill,
Thomas Hunter,
Robert Rowan,
Richard Cogdell,
Robert Cochran,
Lewis Bryan,
Thomas Brown,
Thomas Hines,
Samuel Williams,
John Hinton,
Authur Cotton,
Timothy Bloodworth,
Jacob Hunter,
Jesse Cobb,
William Boyd,
Fred. Harget,
Thomas Person,
-------------------- page 824 --------------------
Samuel Hill,
Samuel Cain,
Gray Bynum,
Thomas Gray,
Green Hill,
Joseph Hancock,
Thomas Sherrod,
James Campbell,
John Macon,
Williams Wynns,
Henry Montfort,
Etheldred Exum,
John Williams,
Frederick Miller,
Joseph Hawkins,
John Kimbrough,
James Gorham,
Thomas Reding,
Daniel Gillespie,
Robert Smith,
James Hunter,
Edward Starkey,
Jonathan Harper,
Absolom Tatum,
Hardy Bryan,
Robert Pebles,
Phil. Hawkins,
Miles Abernathy,
John Kennady,
James Howard,
Phillip Raiford,
James Gillespie,
John Lutrell,
Thomas Younghusband,
John Blackstock,
Maxwell Chambers,
William Hooper,
Samuel Smithwick.