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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
October 18, 1779 - November 10, 1779
Volume 13, Pages 825-912

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SENATE JOURNAL.

State of North Carolina,
In Senate, October 18th, 1779.

At a General Assembly begun and holden at Halifax, the Eighteenth day of October, 1779, and in the fourth year of the Independance of the said State, being the second Session of this Assembly, the Honourable Allen Jones, Esquire, Speaker, and the following Members appeared and took their Seats, to-wit: Oroondates Davis, John Gray, Ambrose Ramsay, Edward Salter, Thomas Respass, Kenneth McKenzie, Elisha Battle, Benjamin Seawell, Henry Rhodes, Memucan Hunt, William Graham, John Faulcon, Samuel Smith, James Kenan, Jasper Charlton, Thomas Relfe, James Saunders, Griffith Rutherford, Thomas Owen, John Collier and John Hogan.

Mr. Alexander Martin, the Member for Guilford County ; Mr. James Coor, the Member for Craven County ; Mr. Benjamin Cleveland, the Member for Wilkes County ; Mr. Charles Robertson, the Member for Washington County ; Mr. William Sheppard, the Member for Surry County, having produced their respective Certificates, qualified agreeable to Law and took their Seats.

The Sheriff of Tyrrell County certified that Mr. Jeremiah Frasier was duly elected to represent said County in Senate, whereupon the said Jeremiah Frasier appeared, qualified agreeable to Law and took his Seat.

The Sheriff of Jones County certified that Mr. Abner Nash was duly elected to represent the said County in Senate, whereupon the said Abner Nash appeared, qualified agreeable to Law and took his Seat.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

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

Ordered that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have also met & are ready to proceed on public

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Business, and propose the address herewith sent you be sent to His Excellency the Governor:

To His Excellency, Richard Caswell, Esqr., Governor, &c., &c:

Sir:

The General Assembly being now formed acquaint your Excellency that they are ready to receive such matters as your Excellency may think proper to lay before them.

Mr. John Devane, the Member for New Hanover County, appeared and took his Seat.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

Herewith you will receive a Message addressed to His Excellency the Governor which we propose instead of that which originated in the Senate, as we apprehend it to be more full.

At the same time received the address to His Excellency proposed by the Commons, 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 have received your Message proposing an address to His Excellency the Governor instead of the one proposed by this House, to which we agree, and have appointed Mr. Memucan Hunt, on the part of this House, to wait on His Excellency with the same.

Ordered that Messrs. Coor, Hunt and Ramsay, be a Committee, on the part of this House, as a Committee of Accounts, and that Gen. Rutherford, Colo. Hogan, Colo. Rhodes, Colo. Sheppard, Colo. Cleveland, Mr. Frasier, Mr. Seawell & Mr. Owen, act, on the part of this House, as a Committee of Claims.

Ordered that the following Message be sent to the Commons:

Mr. Speaker and Gentlemen of the House of Commons:

This House have, on their part, appointed Messrs. Coor, Hunt & Ramsay, a Committee of public Accounts, and Messrs. Rutherford, Hogan, Rhodes, Sheppard, Cleveland, Frasier, Seawell & Owen, a Committee of public Claims.

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

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Tuesday, 19th October, 1779.

The House met.

Mr. Graham moved for leave and presented a Bill for annexing a part of Burke County to Lincoln, and other purposes, which was read the first time, passed and sent to the Commons:

Ordered that Mr. Charlton, Mr. Nash and Mr. Martin, be a Committee, on the part of this House, to consider what Bills are necessary to be passed into Laws or amended during this Session, and that they make Report on Saturday next.

Ordered that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have appointed Messrs. Charlton, Nash & Martin, a Committee, who will act with such Gentlemen as the House of Commons may appoint, to report on Saturday next what Bills are necessary to be passed into Laws or amended during the present Session.

Read the Recommendation of the Court of Lincoln County in favour of George Pee as a proper subject to be exempted from paying Taxes.

Resolved, that said George Pee be henceforth exempted from paying a Poll Tax.

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 you the Recommendation of the Court of Lincoln County in favour of George Pee ; also a Resolve of this House in his favour which we send for your Concurrence.

Issued to Colo. Graham:

Resolved, that Thomas Epey, one of the Justices of Lincoln County, appear at the next Session of Assembly to answer the Allegations of Colo. William Graham against him for refusing to commit Criminals and destroying Mittimuses, and that James McAfee, James White & William Yancey, Justices in said County, or any two of them to take the Examination of the Witnesses of the parties and transmit the same to the next Asssembly.

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

Mr. Speaker & Gentlemen of the House of Commons:

Herewith you will receive for your Concurrence a Resolve of this House relative to a certain Thomas Epey, of Lincoln County.

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 exempting William Babb & James Mosely from the payment of poll 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 Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Resolve of your House in favour of William Babb & James Mosely, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have received the Resolve of yours exempting George Pee, of Lincoln County, from the payment of poll Taxes, which we herewith return you, Concurred with.

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

Endorsed in the House of Commons 19th October, 1779, Read and Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House relative to a certain Thomas Epey, of Lincoln County, Concurred with.

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

Endorsed in the House of Commons 19th October, 1779, Concurred.

Issued to Colo. Rhodes.

Resolved, that Archibald Gillespie one of the Justices of Onslow County, appear at the next Session of Assembly to answer the Allegations set forth in a Petition of many of the Inhabitants of said County, complaining that he had refused to commit a felon & had ill treated a person when demanding a Warrant of him; and,

Resolved, also, that James Howard, Seth Ward and John Spicer, Justices of said County, or any two of them, take the Examination of the Witnesses of the parties and transmit the same to the next Assembly.

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 citing Archibald Gillespie to appear at the next Session of Assembly.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House for exempting certain persons therein mentioned from the payment of poll 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 Commons:

Mr. Speaker and Gentlemen of the House of Commons:

We herewith return the Resolve of your House for exempting certain persons from the payment of poll Taxes, Concurred with.

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Mr. John Childs, the Member for Anson County, and Mr. Benjamin Exum, the Member for Dobbs County, appeared and took their Seats.

Read the Petition of Abner Nash, Esquire.

Ordered that it be referred to a Committee of both Houses, and that General Rutherford, Mr. Charlton, Mr. Martin & Mr. Coor, act on the part of this house.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send you the Petition of Abner Nash, Esquire, which we propose referring to a joint Committee, and have, for that purpose, on our part, appointed Messrs. Rutherford, Charlton, Coor & Martin.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you a Message from His Excellency the Governor addressed to the General Assembly, together with the several Letters, &c., therein referred to.

At the same time received the Message of his Excellency the Governor, together with the several Letters, &c., referred to in the foregoing Message.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you the Remonstrance of General William Skinner, in behalf of the Quakers, Moravians, Dunkards & Mennonists, which we propose referring to a joint Committee, and have, for that purpose, on our part, appointed Mr. Person, Mr. Bloodworth & Mr. Smith, a Committee.

At the same time received the Remonstrance of General Skinner referred to in the foregoing Message, which, being read, was referred to Mr. Seawell & Mr. Ramsay, to act with the Gentlemen appointed by the Commons.

Ordered that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

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We have received your Message proposing that the Remonstrance of General William Skinner, in behalf of the Quakers, &c., be referred to a Committee, to which we agree and have, for that purpose, appointed Messrs. Seawell & Ramsay, a Committee.

Read the Resignation of Thomas Robeson, Colonel of Bladen County, and the Resignation of Samuel Smith, Colonel of Granville County, which were ordered to be filed.

Ordered that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

Herewith you will receive the Resignations of Thomas Robeson, Colonel of Bladen County, and Samuel Smith, Colonel of Granville County.

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

———


Wednesday, 20th October, 1779.

The House met.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate;

This House have received the Message of yours appointing Committees of Accounts and Claims and have, on their part appointed Mr. Phil Hawkins, Mr. Smith, Mr. Gorham, Mr. Starkey, Mr. Bloodworth and Mr. Blackstock, as a Committee of Accounts; and Mr. T. Campbell, Mr. Brown, Mr. Tullock, Mr. Hinton, Mr. Harget, Mr. Bryan, Mr. Boyd, Mr. Spruill, Mr. Macon, Mr. Joseph Hawkins, Mr. Winslow & Mr. Medlock, as a Committee of Claims, to act jointly with the Gentlemen by you appointed for the purpose, aforesaid.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We have received the Message of your House proposing to refer the petition of Abner Nash, Esqr., to a joint Committee, to which we agree, and have, for that purpose, on our part, appointed

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Mr. Sharkey, Mr. McCrawley, Mr. Phifer, Mr. Montford, Mr. Hawkins & Mr. Smith, a Committee, 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 for disbanding the State Regiment.

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 for disbanding the State Regiment, Concurred with.

Read the Petition of William Skinner, Esquire, praying that a Committee be appointed to examine and receive the public Accounts. which by a Resolve of last Assembly he was to adjust.

Ordered that Messrs. Salter, Exum and Respass act on the part of this House, and that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have appointed Messrs. Salter, Exum and Respass, a Committee, who will act jointly with such Gentlemen as the House of Commons may appoint, to examine and receive from Gen. William Skinner the Accounts, &c., between this and the United States, as adjusted by him.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House citing Archibald Gillespie to appear at the next Session of Assembly, Concurred with.

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

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Endorsed in the House of Commons, 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 exempting Richard Hays from the payment of Poll 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:

We herewith return the Resolve of your House for exempting Richard Hays from the payment of poll Taxes, 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 John Penn, Thomas Burke and Whitmell Hill, Esquires, to attend on the Assembly on Friday next.

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 John Penn, Thomas Burke and Whitmell Hill, Esquires, to attend on Friday next, Concurred with by this House.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you a Letter from James Green, jun., Esquire; a Resolution of the General Assembly of the State of Virginia, and the Memorial of James Davis, Esqr., which we propose referring to a joint Committee, and have, for that purpose,

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on our part, appointed Mr. Person, Mr. Bloodworth, Mr. Jones, Mr. Smith and Mr. Starkey, a Committee.

At the same time received the journal, Letters, &c., referred to in the foregoing Message which, being read, were referred to Mr. Nash & Mr. Charlton, to act with the Gentlemen appointed by the Commons.

Ordered that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have received the Message of yours proposing that the Resolution of the General Assembly of the State of Virginia; the Letter from James Green, jun., Esquire, and the Memorial of James Davis, Esquire, be referred to a joint Committee, to which we agree, and have, for that purpose, appointed Messrs. Nash and Charlton, a Committee.

Read the Recommendations of the Court of Granville County in favour of John Duncan, James Stanley and James Head, and of the Court of Pasquotank County in favour of Christopher Nicholson, recommending the said persons as fit subjects to be exempted from the payment of poll Taxes.

Resolved, that the said John Duncan, James Stanley, James Head and Christopher Nicholson, be henceforth exempted from the payment of Poll Taxes.

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 exempting certain persons therein mentioned from Poll Taxes.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Mr. Jones, Mr. Person, Mr. Smith, Mr. Starkey, Mr. Hawkins & Mr. Johnston, a Committee on their part, to act jointly with the Committee appointed of the Senate to examine and receive of General Skinner the Accounts, &c., between this and the United States.

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Resolved, that Mr. James Green, jun., be desired to attend the present General Assembly for the purpose of paying the Indented Certificates of Emissions of 20th May, 1777, and 11th April, 1778.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House requesting the attendance of James Green, jun., on this Assembly.

Read the Petition of Sundry Inhabitants of Wilkes County, praying that certain persons be indemnified for putting to Death William Coyle & Lemuel Jones, and for assaulting James Harvell.

Mr. Nash them moved for leave and presented a Bill to indemnify certain persons therein named for putting to Death William Coyle and Lemuel Jones, and for beating James Harvell, which was read the first time, passed and sent to the Commons.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

Ordered that Messieurs Coor, Martin, Nash & Rutherford, act with such Gentlemen as the House of Commons may appoint, as a Committee to bring in a Bill for amending the assessment Law, and for amending the Act for carrying into Effect the Confiscation Law, so that the real Estates of such persons as may be particularly mentioned therein may be sold & the Money arising therefrom paid into the Treasury of this State.

Ordered that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have appointed Messieurs Coor, Martin, Nash, Rutherford, a Committee, who will act jointly with such Gentlemen as the House of Commons may appoint, to bring in a Bill for amending the Assessment Law, and for amending the act for carrying into Effect the Confiscation Law so that the real Estate of such persons as may be particularly mentioned therein may be

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sold and the money arising therefrom paid into the Treasury of this State.

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

Endorsed in the House of Commons 20th October, 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.

Mr. Robert Irwin, the Member for Mecklenburg County, appeared and took his Seat.

Received from the Commons a Bill to lay off and establish a Town in Warren County, and other purposes.

Endorsed in the House of Commons 20th October, 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 return the Resolve of your House exempting certain persons therein mentioned from paying Poll Taxes, Concurred with.

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

Endorsed in the House of Commons 20th October, 1779, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House requesting the attendance of Mr. James Green, jun., on this Assembly, Concurred with.

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

Endorsed in the House of Commons 20th October, 1779, Concurred with.

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Received from the Commons a Bill for annexing part of Carteret County to Jones, and other purposes.

Endorsed in the House of Commons 20th May, 1779.

Ordered that the said Bill be read.

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

Received from the Commons a Bill to lay off and establish a Town in Franklin County, and for other purposes therein mentioned.

Endorsed in the House of Commons 20th May, 1779, read the first Time and passed.

Ordered that said Bill be read.

Read the same the first Time, passed and sent to the Commons.

Ordered that Colo. Saunders be added to the Committee of Claims.

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

———


Thursday, 21st October, 1779.

The House met according to adjournment.

Issued to self:

Resolved, that Colo. Archibald Lytle make out a pay roll of those persons who guarded the prisoners from South Carolina to Salisbury Gaol at one Dollar per Day each for the privates and twelve shillings for the Sergeants, that he receive the amount thereof from the paymaster of this State and account with the Guard for the same.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House for paying the Militia who guarded certain prisoners from South Carolina to Salisbury Gaol.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Mr. Hooper, Mr. Jones, Mr. Person,

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Mr. Bloodworth & Mr. Smith, a Committee, to act jointly with such Gentlemen of the Senate as may be appointed, to take under Consideration the Department of the Commissaries, Clothier General & Quarter Master.

Ordered that Colo. Martin, Colo. Ramsay & Mr. Nash, act, on the part of this House, on said Committee.

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

Mr. Speaker & Gentlemen of the House of Commons:

This House have appointed Colo. Martin, Colo. Ramsay & Mr. Nash, to act with the Gentlemen by you appointed as a Committee, to take under Consideration the Departments of the Commissaries, Clothier General & Quarter Master.

Whereas, by a Resolution of the Council of State, passed at Dobbs Court House the 7th September, 1779, Benjamin Hawkins, Esqr., Commercial Agent, was impowered to barter One thousand Barrels of pork for salt; also to contract for Twenty thousand pounds sterling, to be laid out in the purchase of such Articles as may be wanting for this State.

Resolved, that the Speaker of both Houses of this Assembly write to said Hawkins immediately directing him to barter said pork for salt agreeable to said Resolve, if it can be delivered in in this State by the first of January next, if not, to barter said pork for such other Articles as are most useful to this State; that they also countermand so much of the resolution of said Council as impowers Mr. Hawkins to borrow, on Interest or Contract, for the Sum of Twenty thousand pounds sterling.

Ordered that the foregoing Resolution, 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 respecting a Resolution of the Council of State, which directs Mr. Hawkins to lay out a large Sum of Money for the use of this State, which we propose to recind in part.

Colo. Martin moved for leave and presented a Bill to amend an Act for appointing Sheriffs and directing their Duty in Office,

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and for obliging the late Sheriffs and Collectors of public Monies, who are in Arrear, to account for and pay the same, and other purposes which was read the first Time, passed and sent to the Commons.

On motion Colo. Martin, Mr. Nash, Mr. Coor & Mr. Charlton, are appointed to act, with such Gentlemen as the House of Commons may appoint, as a Committee to take under Consideration the present depreciated State of our public Monies, and to devise Ways and Means to appreciate the same.

Ordered that the following Message be sent to the Commons;

Mr. Speaker & Gentlemen of the House of Commons:

This House have appointed Colo. Martin, Mr. Nash, Mr. Coor and Mr. Charlton, to act with such Gentlemen as the House of Commons may appoint, as a Committee to take under Consideration the present depreciated State of our public Monies, and to devise ways and means to appreciate the same.

Received from the Commons a Bill to lay off and establish a Town in Franklin County, and for other purposes therein mentioned.

Endorsed in the House of Commons 21st October, 1779, read the second time, amended and passed.

Ordered that the said Bill be read.

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

Received from the Commons a Bill to lay off and establish a Town in Warren County, and other purposes.

Endorsed in the House of Commons 21st October, 1779, read the second time, amended and 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 to indemnify certain persons therein named for putting to Death William Coyle & Lemuel Jones and for beating James Harvell.

Endorsed in the House of Commons 20th Oct., 1779, Read the first time and passed.

Ordered that the said Bill be read.

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

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you the Petition of Richard Flannikin, which we propose referring to a joint Committee, and have for that purpose, on our part, appointed Mr. Bloodworth, Mr. Kennedy, Mr. Hawkins and Mr. Gorham, a Committee.

Ordered that Mr. Coor and Mr. Irwin act on said Committee.

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 take under Consideration the Petition of Richard Flannikin, and have, for that purpose, on their part, appointed Messieurs Coor and Irwin.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House for paying the Militia who guarded certain prisoners from South Carolina to Salisbury Gaol, Concurred with.

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

Endorsed In the House of Commons 21st October, 1779, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Messrs. Starkey, Hooper, Bloodworth & Person, a Committee, to act jointly with such Gentlemen by you appointed, to bring in a Bill for amending the Assessment Act, &c.

Received from the Commons the following Message:

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Mr. Speaker and Gentlemen of the Senate:

We herewith return the Resolve of your House respecting a Resolution of the Council of State which directs Mr. Hawkins to lay out a large sum of Money for the use of this State, &c., Concurred with.

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

Endorsed In the House of Commons 21st October, 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 for exempting certain persons therein mentioned from the payment of Poll 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 Commons:

Mr. Speaker & Gentlemen of the House of Commons:

Herewith you will receive the Resolve of your House in favour of Thomas Hampton, of Surry, and William Brown, of Wake County, 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 Mr. William Bennett to sell the Tender belonging to the General Washington Galley.

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:

The Resolve of your House, impowering Mr. William Bennett

-------------------- page 842 --------------------
to expose to sale the Tender belonging to the General Washington Galley, you will herewith receive, Concurred with.

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

———


Friday, 22nd October, 1779.

The House met.

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, that the Resolution of the General Assembly of the 19th of October, Instant, requesting the Honble the Speaker to write to Congress to countermand the march of the No. Carolina Brigade, be rescinded.

Read the recommendation of the Court of Lincoln County recommending Samuel Elder as a proper person to be exempted from paying Taxes.

Resolved, that the said Samuel Elder be henceforth exempted from paying poll Taxes.

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 this House exempting Samuel Elder from paying Poll Taxes, which we send for your Concurrence.

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

Mr. Speaker & Gentlemen of the House of Commons:

From the great number of Claims that are to be presented to the Committee of Claims this Session it is probable they will not be able to receive & pass them before the end of the Session, and as a great number of Members Compose the Committee already appointed we propose to divide it and form two Committees, and have, for that purpose, appointed Mr. Frazier, Mr. Owen, Mr. Saunders & Mr. Irwin, on the part of this House.

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

Ordered that the Commissary of Stores of Edenton, or any other Commissary, furnish Colo. Samuel Jarvis with one Hundred Muskets, One Hundred weight of Powder, Two Hundred weight of Lead and four Hundred Flints, to enable the Inhabitants of Currituck to defend themselves from any Invasions of the Enemy.

Ordered that the foregoing order, together with the following Message, be sent to the House of Commens:

Mr. Speaker & Gentlemen of the House of Commons:

Colo. Jarvis, of Currituck County, having represented to this House the Danger of the Invasion of the Enemy on the Inhabitants of said County, has induced this House to Enter into the Order herewith sent you for your Concurrence.

Received from the Commons a Bill for the separation and divorcement of Alexander Dixon & Elizabeth Dixon formerly Elizabeth Molton, as man and wife, which was read the first time and Rejected.

Received from the Commons a Bill to amend an Act for appointing Sheriffs and directing their Duty in Office, and for obliging the late Sheriffs and Collectors of public Monies, who are in arrear, to Account for and pay the same, and other purposes, which was read 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 requesting General Jones to extend the Parol of John Lane.

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 requesting General Jones to extend the Parol of John Lane we herewith return, Concurred with by this House.

-------------------- page 844 --------------------

Received from the Commons a Bill to Establish and lay out a Town in Washington County, which was read the first time, passed and sent to the Commons.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House directing Green Hill, Esqr., to advance a certain Sum of Money to William Blount, Esquire, for 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 Commons:

Mr. Speaker & Gentlemen of the House of Commons:

The Resolve of your House directing Green Hill, Esqr., to advance a certain Sum of Money to William Blount, Esqr., we return you, Concurred with.

Received from the Commons a Bill to explain and regulate the recommendation of Justices of the peace in this State, which was read the first time, passed and sent to the Commons.

Received from the Commons a Bill to amend an Act Entitled an Act for appointing Commissioners to fix on a certain place within the County of Montgomery to build a Court House, Prison and Stocks, and for other purposes therein mentioned, which was read the first time, passed and sent to the Commons.

Received from the Commons a Bill to amend an Act entitled an Act for dividing Guilford County into two distinct Counties, which was read the first time, passed and sent to the Commons.

Received from the Commons a Bill to amend an act for appointing Sheriffs and directing their Duty in Office, and for obliging the late Sheriffs and Collectors of public Monies, who are in arrear, to Account for and pay the same, which was read the third time, amended, passed and sent to the Commons.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House Concur with the Senate in dividing the Committee of Claims already appointed, and propose, on our part, that Mr.

-------------------- page 845 --------------------
J. Campbell, Mr. Tullock, Mr. Harget, Mr. Macon, Mr. Winslow (and Mr. Johnston, added by this House, in the room of Mr. Boyd, who is excused from attending) act with the Gentlemen mentioned in your Message, proposing the Division.

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

———


Saturday, 23d October, 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 permitting John Grear, Esqr., to resign the office of a Justice of the peace.

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 permitting John Grear, Esqr., to resign the Office of a Justice of the peace.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House exempting Samuel Elder from paying Poll Taxes, concurred with.

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

Endorsed in the House of Commons 22nd October, 1779, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House impowering

-------------------- page 846 --------------------
the Commissary of Stores of Edenton District, or any other Commissaries, to furnish Colo. Jarvis, of Currituck County, with Arms, Ammunition, &c., for the defence of that County, Concurred with.

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

Endorsed in the House of Commons 23rd October, 1779, Concurred with.

Mr. Charlton moved for leave and presented a Bill for establishing a Court of Chancery within the State of North Carolina, and to regulate the manner of proceeding therein, which was read the first time, passed and sent to the Commons.

Received from the Commons a Bill to amend an Act entitled an Act for the regulation of the Town of Hillsborough, in the County of Orange, which was read the first time, passed and sent to the Commons.

The returning Officer for the County of Hyde certified that Mr. William Russell was duly Elected a Member to represent said County in Senate, whereupon the said William Russell appeared, qualified agreeable to Law and took his Seat.

Received from the Commons a Bill to prevent the stopping the Fish in the Uharie River, which was read the first time, passed and sent to the Commons.

Mr. Nash presented a Petition of the Inhabitants of Dobbs County, praying that the property of a Bridge lately built over Contentney be vested in Ethelred Ruffin, &c.

Mr. Nash then moved for leave and presented a Bill to vest the property of a Bridge lately built by Samuel Ruffin, deceased, over great Contentney Creek, in Ethelred Ruffin, his Heirs or Assigners, for years, which was read the first time, passed and sent to the Commons.

Ordered that Messrs. Coor, Nash, Martin, Davis and Rutherford, act with such Gentlemen as the House of Commons may appoint, as a Committee to prepare and bring in a Bill to appoint certain persons to state accounts against all those that have been intrusted with public Monies since the Commencement of this War, and to lay the same before the next Assembly.

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

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

Mr. Speaker & Gentlemen of the House of Commons:

This House have appointed Messrs. Coor, Nash, Martin, Davis and Rutherford, a Committee, who will act in conjunction with such Gentlemen as the House of Commons may appoint, to prepare and bring in a Bill to appoint certain persons to state accounts against all those that have been entrusted with public Monies since the Commencement of the War, and to lay the same before the next Assembly.

Resolved, that the Treasurer of the District of New Bern be directed to attend on this Assembly immediately to give the necessary Information of the Quantity of public Monies in his possession.

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

Mr. Speaker & Gentlemen of the House of Commons:

You will herewith receive, for your Concurrence, a Resolve of this House directing the attendance of the Treasurer of New Bern District.

Received from the Commons a Bill to amend an Act entitled an Act for ascertaining what property in this State shall be deemed taxable property, the method of assessing the same, and collecting the public taxes, and other purposes, which was read the first time, passed and sent to the Commons.

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

Received from the Commons a Bill to amend an Act entitled an Act to regulate and establish a Militia in this State, which was read the first time and rejected.

Received from the Commons a Bill for dividing Duplin County, &c., which was read the first time and rejected.

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 allowing Continental Waggons the same pay as those in the

-------------------- page 848 --------------------
Militia Service, for directing Colo. Long, Deputy Quarter Master General, to pay the same, &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 and Gentlemen of the House of Commons:

We herewith return the Resolve of your House allowing the same pay to the Continental Waggons as those in the Militia Service, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you the Petition of Adam Tate, praying to be admitted a Citizen of this State, which we propose referring to the Committee appointed to take under Consideration the Petition of Abner Nash, Esquire.

At the same time received the Petition of said Tate, which, being read, was referred to said Committee.

On motion, Colo. Martin is excused from sitting on said Committee.

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

Mr. Speaker & Gentlemen of the House of Commons:

This House Concur with you in referring the Petition of Adam Tate to the Committee appointed to take under Consideration the Petition of Abner Nash, Esquire.

The House adjourned till Monday morning 9 o'Clock.

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

Monday, 25th October, 1779.

The House met.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House permitting Michael Wood to resign the office of a Justice of the peace.

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 permitting Michael Wood to resign the office of a Justice of the peace, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House directing the attendance of the Treasurers of New Bern District, Concurred with.

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

Endorsed in the House of Commons 23rd October, 1779, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Mr. Bloodworth, Mr. Starkey, Mr. Jones, Mr. Horn & Mr. Person, a Committee, to act in conjunction with the Gentlemen by you appointed, to prepare and bring in a Bill to appoint certain persons to State Accounts against all those who have been entrusted with public Monies, &c.

Received from the Common a Bill to establish a Town in Washington County, which was read the second time, amended, passed and returned to the Commons.

Received from the Commons a Bill for Erecting a Town on the

-------------------- page 850 --------------------
land of Thomas Hunter, on Squhawky, in Martin County, which was read the first time, passed and returned to the Commons.

Received from the Commons a Bill to amend an Act entitled an Act to encourage Benjamin Heron, Esqr., to build a bridge over the North east branch of Cape Fear River at or near the place where the Ferry is now kept by Edward Davis, which was read the first time, passed and sent to the Commons.

The House received Information that an Express was now in Town with Dispatches from Congress to His Excellency the Governor.

On motion,

Resolved, that the Speakers of the General Assembly be requested to receive and open the Dispatches now in this town for His Excellency the Governor, and lay the same before the Assembly.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence a Resolve of this House requesting the Speaker to receive and open several Dispatches from Congress to His Excellency the Governor, as this House suggest they are necessary to be laid before this Assembly.

Read the Report of the Committee on the Petition of Adam Tate, which was rejected.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Mr. Person, Mr. Starkey, Mr. Locke and Mr. Hooper, a Committee, on their part, to act jointly with such Gentlemen of the Senate as may be appointed, to confer with the Delegates on an adequate Salary for their Services, and to report in what manner it shall be paid them.

Ordered that Colo. Martin & Mr. Nash act, on the part of this House, on said Committee, and that the following Message be sent to the House of Commons:

Mr. Speaker and Gentlemen of the House of Commons:

This House have appointed Colo. Martin & Mr. Nash, to act

-------------------- page 851 --------------------
with the Gentlemen by you appointed, to confer with the Delegates on the Salary necessary to be allowed them for their Services.

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 Nicholas Long, Esquire, to advance a certain Sum of Money to John Matthews, an Express to South Carolina.

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 empowering Colo. Long to advance a certain Sum of Money to John Matthews, Concurred with.

Received from the Commons a Bill to prevent hunting in the Woods in the Night time, with Gun and fire-light, and other purposes therein mentioned, which was read the first time, passed and returned to the Commons.

Received from the Commons a Bill for erecting part of Carteret and Onslow Counties into a new County by the name of—, and for other purposes, which was read the first Time, passed and returned to the Commons.

Received from the Commons a Bill for punishing persons concerned in any of the several Species of Counterfeiting in this State, which was read the first time, passed and returned to the Commons.

Received from the Commons a Bill for establishing Fairs in Halifax town and Edenton, which was read the first time, passed and sent to the Commons.

Received from the Commons a Bill to vest the property of a Bridge, lately built by Samuel Ruffin, deceased, over great Contentney Creek, in Ethelred Ruffin, his Heirs or Assignees, for Twenty Years, which was read the second time, amended, passed and sent to the Commons.

Received from the Commons the following Message:

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

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House requesting the Speakers to receive and open certain Dispatches from Congresss to His Excellency the Governor, Concurred with.

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

Endorsed in the House of Commons 25th October, 1779, Concurred with.

Received from the Commons a Bill for the more effectually preventing Engrossing and Forestalling, for the Encouragement of Commerce and the Fair trader, and for other purposes therein mentioned, which was read the first time, passed and sent to the Commons.

Also a Bill for establishing the Salaries of the Judges of the Superior Courts and of the Attorney General, and for other purposes, which was read the first time, passed and sent to the Commons.

Also a Bill dividing the District of Salisbury, and for other purposes therein mentioned, which was read the first time, passed and sent to the Commons.

Mr. Nash moved for leave and presented a Bill to amend an Act entitled an Act for establishing offices for receiving Entries of Claims for Land in the several Counties within this State, for ascertaining the method of obtaining Titles to the same, and for other purposes therein mentioned, and also to amend one other Act Entitled an Act to amend an Act for establishing Offices for receiving Entries of Claims for Land in the several Counties within this State, for ascertaining the method of obtaining Titles to the same, and for other purposes therein mentioned, which was read the first time, passed and sent to the Commons.

Received from the Commons a Bill for directing the Method of appointing Jurors in all Causes, Civil and Criminal, which was read the first time, passed and sent to the Commons.

Also a bill for Docking the Intail of a certain Tract of Land, therein mentioned, which was read the first Time, passed and sent to the Commons.

Also a Bill to amend an Act entitled an Act for the regulation of the Town of Hillsborough, which was read the first time, passed and sent to the Commons.

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

Also a Bill to prevent persons from stopping the passage of Fish up Tar River, Dan River, great Fishing Creek and Buffaloe Creek in Lincoln County, which was read the first time, passed and sent to the Commons.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House propose, if agreeable to the Senate, to Ballot at 4 o'clock this afternoon for two Delegates in the room of Whitmell Hill and Thomas Burke, Esqrs., whose time is about to expire, and one in the room of Joseph Hewes, Esqr., resigned, and Attorney General, two Councillors in the room of Colo. Respass and Colo. Sampson who refuse to act and a Treasurer for the District of Hillsborough; and put in nomination for Delegates, Whitmell Hill, Thomas Burke, John Kinchen, Philemon Hawkins, jun., Edward Starkey and Ephraim Brevard, Esqrs.; for an Attorney General, James Iredell, Esqr.; for Councillors, Waightstill Avery, Nathan Bryan and John Lillington, Esqrs.; for a Treasurer, John Taylor & Nathaniel Rochester, Esqrs. If you accede to this Measure you'll signify the same by Message.

The House taking the Message into Consideration, Concurred therewith.

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

Mr. Speaker and Gentlemen of the House of Commons:

This House have received the Message of yours proposing that the General Assembly proceed to Ballot for the public officers therein mentioned, and agree thereto, and put in nomination for Councillors of State, Thomas Gray and Furnifold Green, Esquires, and for the other officers the same persons nominated by the Commons.

We have appointed Messrs. Coor & Exum to superintend the Balloting.

Mr. Nash moved for leave and presented a Bill for securing the rights of such persons in the County of Washington as lie between the River Holstein and the line lately run by the Commissioners of this State and the State of Virginia, as the dividing line between

-------------------- page 854 --------------------
the said States, and for dividing the said County of Washington into two distinct Counties, and for other purposes, which was read the first time and passed.

Mr. Nash moved for leave to take out said Bill to amend.

Ordered that he have leave accordingly.

Ordered that the Thanks of this House be given to the Hon John Penn, Thomas Burke and Whitmell Hill, Esquires, for the many important Services rendered this State in the Continental Congress.

Thomas Burke and Whitmell Hill, Esquires, being present, Mr. Speaker addressed them in the following Words:

Gentlemen:

The Senate, highly satisfied with your Conduct as Delegates for this State, have ordered me to return you their Thanks, accordingly I return you the Thanks of this House for the important Services you have rendered this State in Congress. At the same time permit me to assure you that it is a personal Happiness in thus being the Channel through which this House have thought proper to convey this public Testimony of their approbation of your Conduct.

To which the Delegates returned the following Answer:

Mr Speaker:

We are impressed with the most grateful sense of the Honor done us by this Testimony that the discharge of our public Duty meets the approbation of the Honourable the Senate of our Country, an Honor which we are not otherwise Conscious of deserving than in having assiduously attended to the Discharge of our Trust with Abilities far Inferior to its Importance. Accept Sir, our Acknowledgements for the politeness with which you have Communicated to us this Honor, which must, if anything could, enhance the Value to those on whom it is Conferred.

On motion, ordered that the Balloting for the several officers, mentioned in the Message of the Commons this day, be postponed till to-morrow evening 4 o'Clock.

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

Mr. Speaker & Gentlemen of the House of Commons:

This House, on more mature deliberation, propose, if agreeable

-------------------- page 855 --------------------
to the House of Commons, to postpone the Balloting for the several public Officers mentioned, in your Message of this Day, until to-morrow at 4 o'Clock in the afternoon, if your House agree thereto you will signify the same by Message.

We also put in nomination Allen Jones, Esquire, as a Continental Delegate, and the Towns of New Bern, Hillsborough and Halifax, for holding the next assembly at.

Mr. Boddie, the Member for Nash County, appeared and took his Seat.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have received the Message of yours proposing to postpone Balloting for the several public officers until To-morrow, to which we cannot agree, as we think it will take up the greatest part of another Day; but agree to postpone it til 5 o'Clock, and hope the Senate will reconsider their Message and agree on that Time.

We put in nomination the Towns of New Bern & Hillsborough, for holding the next Assembly at.

Mr. Coor, one of the Members who were appointed to Superintend the Balloting, reported that Whitmell Hill, Thomas Burke and Allen Jones, Esquires, were Duly Elected Delegates for the Ensuing Year; James Iredell, Esqr., Attorney General; Waightstill Avery, Esquire, a Councillor; Nathaniel Rochester, Treasurer for the District of Salisbury; and that New Bern was chosen as the place for the next Assembly to sit at, and that one Councillor is still to be Balloted for.

Mr. Speaker having vacated his Seat by the acceptance of the Office of Delegate, Gen. Rutherford moved that Abner Nash, Esqr., should be appointed Speaker, whereupon the said Abner Nash was chosen unanimously and placed in the Chair accordingly.

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

-------------------- page 856 --------------------

Tuesday, 26th October, 1779.

The House met.

Mr. Davis moved for leave and presented a Bill for Docking the Intail of all Lands, Tenements and Hereditaments, within this State, and for other purposes, which was read the first time, passed and sent to the Commons.

Also a Bill to amend an Act entitled an Act to amend the Staple of Tobacco, which was read the first time, passed and sent to the Commons.

And a Bill to amend an Act entitled an Act concerning Servants and Slaves, which was read the first time, passed and sent to the Commons.

Mr. Speaker presented the Bill he had taken out Yesterday to amend by leave of the House, which was sent to the Commons.

Gen. Rutherford, from the joint Committee appointed to take under Consideration the Petition of Abner Nash, Esqr., reported:

That the allegations and Facts contained in the said Petition are true, and without the Interposition of the Legislature the said Abner Nash will be without remedy, and recommend that Commissioners be appointed to lay out and ascertain unto the said Abner Nash one-third part of the Land mentioned in said Petition, regard being had to the Quantity & Quality of the same, and that they shall execute a good and Sufficient Deed of Conveyance for the same, at the Cost and Charges of the said Abner Nash, which, when had and done, shall be deemed sufficient in Law to vest in him all the right and Title which this State hath or may Acquire in and to the same by Confiscation, Forfeiture or otherwise as to the Estate of Edmund Fanning, as mentioned in said Petition.

And, that this report be carried into full Effect, we further recommend that the said Abner Nash have an Act of Assembly passed in his favour for that purpose.

The House taking said Report into Consideration, Concurred therewith.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send you the report of the Committee of both

-------------------- page 857 --------------------
Houses appointed to consider the Petition of Abner Nash, Esqr., Concurred with by this House.

Colo. Martin moved for leave and presented a Bill to vest the Title of certain Lands, therein mentioned, in Abner Nash, Esquire, which was read the first Time, passed and sent to the Commons.

Mr. Boddie moved for leave and presented a Bill for laying a Tax to defray the Expense of the public Buildings in the County of Nash, which was read the first time, passed and sent to the Commons.

Read the Petition of Thomas Burke, Esquire, which was ordered to be referred to the same Committee who were appointed to consider the petition of Abner Nash, Esquire.

Ordered that the following Message, with the said Petition, be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send you the Petition of Thomas Burke, Esquire, which we propose referring to the Committee who were appointed to consider of the Petition of Abner Nash, Esquire.

Resolved, that Benjamin Duberry be allowed the Sum of three Hundred and seventy Dollars for his Expenses & trouble in pursuing and apprehending several persons charged with Counterfeiting the Currency of this State, that the Treasurers or either of them pay him the same, for which they shall be allowed in the Settlement of their Accounts with the public.

Ordered that the foregoing Resolve, 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 allowing Benjamin Duberry a certain Sum therein mentioned, for pursuing and apprehending Counterfeiters.

Mr. Kenan moved for leave and presented a Bill to confirm the Titles of Lands to sundry the Inhabitants of Duplin County, which was read the first time, passed and sent to the Commons.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the report of the Committee appointed to

-------------------- page 858 --------------------
consider the Petition of Abner Nash, Esquire, Concurred with by this House.

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

Endorsed In the House of Commons 26th October, 1779, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the resolve of your House allowing Benjamin Duberry a certain Sum therein mentioned, Concurred with.

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

Endorsed In the House of Commons 26th October, 1779, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We have received the Message of your House proposing to refer the Petition of Thomas Burke, Esqr., to a Committee appointed to consider the Petition of Abner Nash, Esqr., to which we agree.

Received from the Commons a Bill to amend an Act entitled an Act for dividing Guilford County into two distinct Counties.

Ordered that the said Bill be read.

Read the same the second time and rejected.

Then, on motion of Mr. Collier, Ordered that the Yeas and Nays be taken, which were as follows:

Yeas:
Am brose Ramsay.
James Coor.
Benj. Seawell.
Memucan Hunt.
William Graham.
Samuel Smith.
William Sheppard.
James Saunders.
John Devane.
Thomas Owen.
John Collier.
John Hogan.
John Childs.
Nathan Boddie.—14

Nays:
Charles Robertson.
John Gray.
Thomas Respass.
Kenneth McKenzie.
Henry Rhodes.
Jeremiah Frasier.
James Kenan.
Jasper Charlton.
Thomas Relfe.
-------------------- page 859 --------------------
Benjamin Cleveland.
Benjamin Exum.
Alexander Martin.
Griffith Rutherford.
William Russell.
Robert Irwin.—15.

Received from the Commons a Bill to vest the Property of a Bridge, lately built by Samuel Ruffin, deceased, over great Contentney Creek, in Ethelred Ruffin, His Heirs or Assignees for twenty Years, which was read the third time, passed and sent to the Commons.

Received from the Commons a Bill for the division of Dobbs County, and other purposes therein mentioned, which was read the first Time, passed and returned to the Commons.

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

Mr. Speaker moved for leave to take out and amend said Bill.

Ordered that he have leave accordingly.

Mr. Graham moved for leave and presented a Bill for establishing a Town in Lincoln County, on the Land of Valentine Mauney, which was read the first time, passed and sent to the Commons.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House for allowing the Delegates their Expences while at Congress, &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:

We herewith return you the Resolve of your House allowing the Delegates their Expences while at Congress, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House propose, if agreeable to the Senate, to ballot on

-------------------- page 860 --------------------
Saturday at 4 o'Clock in the afternoon for one Councillor, and a Treasurer for the District of Hillsborough, in the room of Nathaniel Rochester, Esquire, whose Electron this House have determined illegal owing to his holding the Clerkship of Orange County Court.

The House having considered the foregoing Message, Concurred therewith, and Ordered that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have received the Message of yours for Balloting on Saturday next for a Councillor, and Treasurer of Hillsborough District, and concur therewith.

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

———


Wednesday, 27th October, 1779.

The House met.

Mr. Seawell moved for leave and presented a Bill to establish the Seat of Government for the State of North Carolina, and for other purposes, which was read the first time, passed and sent to the Commons.

Mr. Seawell also moved for leave and presented a Bill for granting a free pardon to Charles Shearing, now under Sentence o    th, which was read the first time, passed and sent to the Commons.

Mr. John Rand, the Member for Wake County, appeared and took his Seat.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you the Memorial of Thomas Benbury, Esquire, in behalf of Thomas Oldham, late of Chowan County, and the Petition of Jonathan Allen, both of which we propose referring to the Committee appointed to take under Consideration the petition of Abner Nash, Esquire.

The Memorial of Thomas Benbury, Esqr., in behalf of Thomas Oldham, being read, was rejected, and the Memorial of Jonathan Allen, being read, was referred to the Committee appointed to take under consideration the petition of Abner Nash, Esquire.

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

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 your House proposing to refer the Memorial of Thomas Benbury, Esquire, in behalf of Thomas Oldham, and the petition of Jonathan Allen, to the Committee appointed to take under Consideration the Petition of Abner Nash, Esquire.

This House have rejected the Memorial of Thomas Benbury, Esquire, but agree to refer the Petition of Jonathan Allen to the Consideration of said Committee.

Received from the Commons a Bill to lay off and establish a Town in Franklin County, and for other purposes therein mentioned, which was read the third time, amended by Consent of both Houses, passed and ordered to be Engrossed.

Received from the Commons a Bill to lay off and establish a Town in Warren County, and other purposes, which was read the third time, amended by Consent of both Houses, passed and ordered to be Engrossed.

Received from the Commons a Bill for Establishing a Court of Chancery within the State of North Carolina, and to regulate the manner of proceeding therein, which was read the second time, amended, passed and sent to the Commons.

Received from the Commons a Bill for granting a free pardon to Charles Shearing, now under Sentence of Death, which was read the second time, passed and sent to the Commons.

Received from the Commons a Bill for laying a Tax of two and a half per Cent upon all goods, Wares and Merchandize Exposed to public Sale, and for regulating public Auctions, which was read the first time, passed and sent to the Commons.

Received from the Commons a Bill to amend an Act Entitled an Act for establishing Offices for receiving Entries of Claims for Lands in the several Counties within this State, for ascertaining the method of obtaining Titles to the same and for other purposes therein mentioned; and also to amend one other Act Entitled an Act to amend an Act for establishing Offices for receiving Entries of Claims for Lands in the several Counties within this State, for ascertaining the method of obtaining Titles to the same, and for other purposes, which was read.

-------------------- page 862 --------------------

Mr. Rand then moved for leave to take out and amend said Bill.

Ordered that he have leave accordingly.

Mr. George Wynns, the Member for Hertford County, appeared and took his Seat.

Received from the Commons the Bill for granting a Free Pardon to Charles Shearing, now under sentence of Death, which was read the third time, Amended, passed and sent to the Commons.

The Chairman of the Committee of Claims reported that Maj. John Armstrong was allowed four Hundred & Twenty-nine pounds Seventeen Shillings for sundries found himself while in Camp to the Southward, and a Horse lost in the service; also that Mr. Thomas Stewart was allowed Eight Hundred pounds for a new and Compleat Mathematical Instrument called a Theodolite, which 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 the report of the Committee of Claims allowing Maj. John Armstrong four Hundred & twenty-nine pounds seventeen Shillings, also to Mr. Thos. Stewart Eight Hundred pounds, which this House have Concurred with.

Received from the Commons a Bill to amend an Act Entitled an Act for appointing Commissioners to fix on a certain place within the County of Montgomery to build a Court House, Prison & Stocks, and for other purposes therein mentioned, which was read the second time, passed and sent to the Commons.

Resolved, that William Flewellen be allowed the Sum of four Hundred & Seventy-six pounds for the use of his Waggon and four Horses from the third Day of December, 1778, until the sixth day of May, 1779; that the Treasurers or either of them pay him the same, who shall be allowed in the Settlement of their public Accounts.

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

Mr. Speaker & Gentlemen of the House of Commons:

You will herewith receive for your Concurrence a Resolve of this House allowing William Flewellen a certain Sum for the use of his Waggon & Team.

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

Colo. Martin moved for leave and presented a Bill to carry into Effect an Act passed at New Bern, in November, in the year One Thousand seven Hundred seventy-seven, Intitled an Act for confiscating the Property of all such persons as are Inimical to the United States, and of such persons as shall not, within a certain time therein mentioned, appear and submit to the State, whether they shall be received as Citizens thereof; and of such persons who shall so appear and shall not be admitted as Citizens, and for other purposes therein mentioned, which was read the first time and passed.

Colo. Martin moved for leave to take out and amend said Bill.

Ordered that he have leave accordingly.

General Rutherford moved for Leave and presented a Bill to regulate and Establish a Militia in this State, which was read the first time and passed.

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

Ordered that he have Leave.

Colo. Irwin moved for Leave and presented a Bill to prevent the stopping of Fish from running up Rockey River, which was read the first time and passed.

Colo. Irwin then moved for leave to take out and amend said Bill.

Ordered that he have Leave.

Mr. Faulcon has Leave of absence from the Service of this House until Monday next.

Received from the Commons a Bill for annexing part of Carteret to Jones County, which was read the Second time, passed and sent to the Commons.

Mr. Davis moved for leave and presented a Bill for Docking the Intail of a certain piece of Land, as therein mentioned, and vesting the same in John Webb, his Heirs and Assignees; which was read the first time and passed.

Mr. Davis moved for leave to take out and amend said Bill.

Ordered that he have leave.

Mr. Sheppard moved for leave and presented a Bill to lay off a Town in the County of Surry, on the Land, the property of John Armstrong & William Sheppard, at the Court House in said County, which was read the first time and passed.

-------------------- page 864 --------------------

Mr. Sheppard moved for leave to take out and amend said Bill.

Ordered that he have Leave.

Received from the Commons a Bill to amend an Act entitled an Act concerning Servants and Slaves, which was read 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 return the Resolve of your House allowing William Flewellen a certain Sum for the use of his Waggon & Team, Concurred with.

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

Endorsed in the House of Commons 27th October, 1779, Concurred with.

Received from the Commons a Bill to amend an Act Intitled an Act to amend an Additional Act concerning Servants and Slaves, passed at New Bern in the year 1753, and other purposes therein mentioned, which was read the first time and passed.

Mr. Owen then moved for leave to take out and amend said Bill.

Ordered that he have leave accordingly.

Received from the Commons a Bill to confirm the Titles of Lands to sundry of the Inhabitants of Duplin County, which was read the second time, passed and sent to the Commons.

Mr. Hunt moved for leave and presented a Bill to regulate Ordinaries, Houses of Entertainment & Ferries, and other purposes, which was read the first Time and passed.

Mr. Hunt moved for leave to take out and amend said Bill.

Ordered that he have leave accordingly.

Received from the Commons a Bill for securing the rights of such persons in the County of Washington as lie between the River Holstein and the Line lately run by the Commissioners of this State and the State of Virginia, as the dividing Line between the said States, and for dividing the said County of Washington into two distinct Counties, and for other purposes, which was read the second time, Amended, passed and sent to the Commons.

Ordered that Colo. Martin, Mr. Coor, Mr. Davis and Colo. Irwin, be a Committee, to act with such Gentlemen as the House

-------------------- page 865 --------------------
of Commons may appoint, to take under Consideration the requisition of Congress for a Sum of Money from this State, and to devise ways and means to raise the same; also to devise ways and means to collect the public Monies now in the Hands of Individuals, and to consider of the Tax necessary to be laid for the Ensuing Year.

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

Mr. Speaker & Gentlemen of the House of Commons:

This House have appointed Colo. Martin, Mr. Coor, Mr. Davis and Colo. Irwin, to act with such Gentlemen as the House of Commons may appoint, to take under Consideration the requisition of Congress for a Sum of Money from this State, and to devise ways and means to raise the same; also to devise ways and Means to collect the public Monies now in the Hands of Individuals, and to consider of the Tax necessary to be laid the Ensuing Year.

Received from the Commons a Bill for building a Court House in Elizabeth Town, in the County of Bladen, and other purposes, which was read the first time, passed and sent to the Commons.

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

———


Thursday, 28th October, 1779.

The House met according to adjournment.

Mr. Rand, who had Leave to take out and amend the Bill, To amend an Act Entitled an Act for establishing Offices for receiving Entries of Claims for Lands, &c., presented said Bill, which was read the second time and amended.

Then, on motion, Ordered that Gen. Rutherford, Mr. Davis and Mr. Rand, take out and again amend said Bill.

Received from the Commons a Bill for Docking the Intail of a certain Tract of Land in Tyrrell County, which was read the first time, passed and sent to the Commons.

Received from the Commons a Bill to vest the Title of certain Lands, therein mentioned, in Abner Nash, Esquire, which was read the second time, passed and sent to the Commons.

Mr. Owen, who had Leave to take out and Amend the Bill to amend an Act Intitled an additional Act concerning Servants and

-------------------- page 866 --------------------
Slaves, passed at New Bern in the Year 1753, and other purposes therein mentioned, presented said Bill, which was again read, amended and sent to the Commons.

Received from the Commons a Bill to enlarge the Jurisdiction of Magistrates, which was read the first time, passed and sent to the Commons.

Received from the Commons a Bill for establishing an Academy in the County of Granville, and for appointing Trustees, and for other purposes, which was read the first time, passed and returned to the Commons.

Received from the Commons a Bill to enable John Norwood, surviving Executor of the last Will and Testament of Henry Bradley, deceased, to sell and convey the Lands of the said Deceased, which was read the first time, passed and returned to the Commons.

Read the Petition of Cassandra Pindar, praying to be permitted to go to New York, which was Rejected.

Received from the Commons a Bill to Establish a road from James McDaniels, in Pasquotank County, to the Widow White's, in Perquimans County, and granting a Toll for the same, which was read the first time, passed and sent to the Commons.

Also a Bill for directing the method of appointing Jurors in all Causes, Civil and Criminal, which was read the second time, amended, passed and sent to the Commons.

Mr. Charlton and Mr. Devane have leave of absence from the Service of this House for the remainder of the Session.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have received the Message of yours appointing a Committee, to act with such of this House as might be appointed, to take under Consideration the requisition of Congress for a Sum of Money from this State, and to devise ways and Means to raise the same; also to devise ways and Means to Collect the public Monies now in the Hands of Individuals, and have, for that purpose, on our part, appointed Mr. Locke, Mr. Starkey, Mr. Person, Mr. Wilson, Mr. Howard, Mr. Brown and Colo. Hawkins, a Committee.

Received from the Commons a Bill to Explain and regulate the

-------------------- page 867 --------------------
recommendation of Justices of the peace in this State, which was read the second time and rejected.

Received from the Commons a Bill to establish the Seat of Government for the State of North Carolina, and for other purposes therein mentioned, which was read the second time, passed and sent to the Commons.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

From the vast number of Claims that are likely to be presented to the Committee of Claims we are apprehensive that the Committees will not have time during the present Session to examine and allow them, we therefore propose that Mr. Tullock, Mr. Clinton and Mr. Jacob Hunter, from the present Committees, and Mr. Grandy, Mr. Cain, Mr. Norwood, Mr. Luttrell, Mr. Montford, Mr. Isaacs, with such of your Members as you may think proper to appoint, shall Constitute another Committee of Claims.

Ordered that Colo. Rhodes, from one of the other Committees, and Colo. Robeson, Mr. Graham, Mr. Russell and Mr. Kenan, act on said Committee, and that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have received your Message appointing a third Committee of Claims, to which we agree, and have, for that purpose, appointed Colo. Rhodes, from one of the other Committese, Mr. Robeson, Mr. Graham, Mr. Russell and Mr. Kenan.

Received from the Commons a Bill for giving to all persons having Lands in this State, a farther time for proving and registering their Deeds and Mesne Conveyances, and for other purposes, which was read the first time, passed and sent to the Commons.

Also a Bill to amend an Act Entitled an Act for the regulation of the Town of Hillsborough, which was read the third time, passed and ordered to be Engrossed.

Mr. Seawell has leave of absence from the Service of this House until Monday next.

Received from the Commons a Bill to prevent persons from Injurying the Inland Navigation of Rivers, Creeks & water Courses, in this State, in the Counties therein mentioned, which was read the first time, passed and sent to the Commons.

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

Received from the Commons a Bill to amend an Act Entitled an Act to amend the Staple of Tobacco, which was read the second time, passed and sent to the Commons.

Also a Bill for Docking the Intail of all Lands, Tenements and Hereditaments, within this State, and for other Purposes, which was read the Second time.

In passing the said Bill Gen. Rutherford moved that the House resolve itself into a Committee of the whole House, which was done accordingly, General Rutherford chosen Chairman; after some time spent thereon Mr. Speaker resumed the Chair and Mr. Chairman reported,

That it was the Opinion of the Committee that the Bill be received without an Amendment.

The House taking said Report into Consideration, Concurred therewith.

Then the said Bill being read the second time was passed and sent to the Commons.

Mr. Hunt, who had leave to take out and amend the Bill to regulate Ordinaries, Houses of Entertainment and Ferries, and other purposes, presented said Bill, which was sent to the Commons.

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

———


Friday, 29th October, 1779.

The House met.

Received from the Commons a Bill for securing the rights of such persons in the County of Washington as lie between the river Holstein and the Line lately run by the Commissioners of this State and the State of Virginia, as the dividing Line between the said States, and for dividing the said County of Washington into two distinct Counties, and for other purposes, which was read the third time, amended, passed and sent to the Commons.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House investing the Delegates appointed this present Session of

-------------------- page 869 --------------------
Assembly with certain powers and Authorities, also requesting His Excellency the Governor to make out Commissions, &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 Commons:

The Resolve of your House investing the Delegates appointed this Session with certain powers and Authorities and requesting His Excellency the Governor, to make out Commissions, &c., we herewith return you, 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 Nicholas Long, Esqr., to furnish Richard Wheeling an Express with a Horse.

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 directing Nicholas Long, Esquire, to furnish Richard Wheeling an Express with a Horse, 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. Bloodworth, Mr. Starkey, Mr. Locke, Mr. Smith, Mr. Hunter, Mr. Patterson & Mr. James Campbell, a Committee, to act jointly with such Gentlemen of the Senate as may be appointed, to inquire what necessaries are or may be wanting for the use of our Army, and make report thereof.

Ordered that Messrs. Ramsay & Respass, act, on the part of this House, on said Committee, and that the following Message be sent to the Commons:

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

Mr. Speaker & Gentlemen of the House of Commons:

This House have appointed Mr. Ramsay & Mr. Respass, to act jointly with the Gentlemen by you appointed, to enquire what necessaries are or may be wanting for the Army, and make report thereof.

Received from the Commons a Bill for establishing a Town in Lincoln County, on the Lands of Valentine Mauney, which was read the second time, amended, passed and sent to the Commons.

Colo. Martin, who had Leave to take out and amend the Bill to carry into Effect an Act passed at New Bern, in November, in the year 1777, Intitled an Act for Confiscating the property of all such persons as are Inimical to the United States, &c., &c., presented said Bill, which was received with the amendment and sent to the Commons.

Received from the Commons a Bill for the Division of Dobbs County, and other purposes therein mentioned, which was read the second time, passed and sent to the Commons.

Received from the Commons a Bill for Dividing Anson County, and other purposes, which was read the second time, passed and sent to the Commons.

Resolved, that the Prisoners of War now on Parol in the different parts of this State be henceforth allowed the Sum of Six Dollars per Day, for their Subsistence.

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

Mr. Speaker & Gentlemen of the House of Commons:

It being obvious to this House that the Sum heretofore allowed Prisoners of War for their Maintenance is really inadequate, You will herewith receive, for your Concurrence, a Resolve of this House allowing them a larger Sum.

Received from the Commons a Bill for building a Court House in Elizabeth Town, in the County of Bladen, and Other purposes, which was read the second time, passed and returned to the Commons.

Received from the Commons a Bill to impower the Commissioners therein mentioned to purchase a Lot in the Town of Wilmington, for the District of Wilmington, and other purposes, which was read the first time, passed and returned to the Commons.

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

Colo. Graham, who had Leave to take out and amend the Bill for annexing part of Burke County to Lincoln, and other purposes, presented said Bill, which was read the second time, amended, passed and sent to the Commons.

Received from the Commons a Bill to impower the Executors of the last Will and Testament of Richard Quince, late of New Hanover County, Esquire, deceased, to sell part of the Estate of the said Richard Quince, and for other purposes therein mentioned, which was read the first time and Rejected.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith return the Resolve of your House allowing the Prisoners of War in this State Six Dollars per Day, for their maintenance, 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 29th October, 1779, Concurred with.

Received from the Commons a Bill to enlarge the Jurisdiction of Justices of the peace, and for other purposes, which was read the second time, amended, passed and returned to the Commons.

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

———


Saturday, 30th October, 1779.

The House met.

Mr. Thomas Harvey having produced a return from the Sheriff of Perquimans County, certifying he was Elected a Member to represent said County in the Senate, qualified agreeable to Law and took his Seat.

Received from the Commons a Bill to amend an Act Entitled an Act to encourage Benjamin Heron, Esquire, to build a Bridge over the north east Branch of Cape Fear River, at or near the place where the Ferry is now kept by Edward Davis, which was read the second time, passed and sent to the Commons.

Also a Bill to regulate Ordinaries, Houses of Entertainment and Ferries, and other purposes, which was read the second time, passed and sent to the Commons.

Also a Bill for erecting a Town on the Land of Thomas Hunter,

-------------------- page 872 --------------------
at Squhawkey, in Martin County, which was read the second time, passed and sent to the Commons.

Also a Bill to enable John Norwood, Surviving Executor of the last Will and Testament of Henry Bradley, Deceased, to sell and convey the Lands of the said Deceased, which was read the second time, passed and sent to the Commons.

Also a Bill for laying a Tax to defray the Expence of the public Buildings in the County of Nash, which was read the second time, amended, passed and sent to the Commons.

Also a Bill to amend an Act Intitled an Act to amend an Additional Act concerning Servants and Slaves, passed at New Bern, in the Year 1753, and other purposes therein mentioned, which was read the second time, amended, passed and sent to the Commons.

Also a Bill for punishing persons concerned in any of the several Species of Counterfeiting in this State, which was read the second time.

Mr. Shepperd then moved for leave to take out and amend said Bill.

Ordered that he have Leave.

Received from the Commons a Bill to carry into Effect an Act passed at New Bern, in November, in the Year 1777, Entitled an Act for confiscating the property of all such persons as are 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 received as citizens thereof, and of such persons who shall so appear and shall not be admitted as Citizens, and for other purposes therein mentioned, and for other purposes, which was read the second time, amended, passed and sent to the Commons.

Mr. Rand, one of the Gentlemen appointed to take out and amend the Bill to amend an Act entitled an Act for establishing Offices for receiving Entries of Claims for Lands in the several Counties within this State, for ascertaining the method of obtaining Titles to the same, and for other purposes therein mentioned; and also to amend one other Act Entitled an Act to amend an Act for establishing Offices for receiving Entries of Claims for lands in the several Counties within this State, for ascertaining the method of obtaining Titles to the same, and for other purposes

-------------------- page 873 --------------------
therein mentioned, presented said Bill, which was received with the amendments, read as the second time, passed and sent to the Commons.

Received from the Commons a Bill for building a Court House in Elizabeth Town, in the County of Bladen, which was read the third time, passed and ordered to be Engrossed.

Gen. Rutherford, who had leave to take out and amend the Bill to regulate and establish a Militia in this State, presented said Bill, which was received with the amendments and sent to the Commons.

Received from the Commons a Bill to prevent Distilling Grain into Spiritous Liquor, which was read the first time, passed and returned to the Commons.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your Concurrence a resolve of this House allowing Aaron Dudley the Sum One Hundred and fifty pounds.

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:

You will herewith receive the resolve of your House allowing Aaron Dudley one Hundred & fifty pounds, for Services therein mentioned, Concurred with.

Received from the Commons a Bill to confirm the Titles of certain Lands to sundry the Inhabitants of Duplin County, which was read the third time, passed and sent to the Commons.

Received from the Commons a Bill to empower the Commissioners therein mentioned to purchase a Lot in the Town of Wilmington, to build a Gaol thereon for the District of Wilmington, and for other purposes, which was read the second time, amended, passed and sent to the Commons.

On motion, Colo. Graham have leave of Absence from the Service of this House.

In order to prevent Accounts being twice presented and allowed, or any Imposition of the kind on the public,

-------------------- page 874 --------------------

Resolved, that for the future Colo. Nicholas Long be directed to receive and settle the Accounts of all the Continental Waggoners in this State, and pay the same if just, who shall lay the same before the General Assembly for their Inspection when required.

Resolved, further, that the Committees of Claims receive no Accounts of the said Waggoners, but refer them to Colo. Long.

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

Mr. Speaker & Gentlemen of the House of Commons:

This House have thought it most conducive to the public good to refer the Accounts of the Continental Waggoners to Colo. Long, supposing he can discern the propriety of such Accounts more easily than a Committee of Claims; a resolve for that purpose we herewith send for your Concurrence.

Received from the Commons a Bill to amend an Act Entitled an Act for appointing Commissioners to fix on a certain place within the County of Montgomery to build a Court House, Prison & Stocks, and for other purposes therein mentioned, which was read the third time, amended by Consent, passed and Ordered to be Engrossed.

Also a Bill for dividing Anson County, and other purposes, which was read the third time, passed and ordered to be Engrossed.

Ordered that Colo. Kenan & Mr. Exum superintend the Balloting on the part of this House.

Colo. Kenan, one of the Gentlemen appointed, on the part of this House, to superintend the Balloting, Reported

That Edward Starkey, Esquire, was duly elected Councillor by a majority of the votes of both Houses, and that neither of the Candidates for the Office of Treasurer, for the District of Hillsborough, had a majority of Votes.

The House Concurred with the foregoing report.

Ordered that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House propose to Ballot, immediately, for a Treasurer for the District of Hillsborough.

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

Monday, 1st November, 1779.

The House met.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you a Message from His Excellency the Governor, inclosing a Letter from the Governor of South Carolina, which we propose referring to a joint Committee and have, for that purpose, on our part, appointed Mr. Jones, Mr. Locke, Mr. Starkey, Mr. Montford, Mr. Bloodworth, Mr. Brown & Mr. Hawkins, a Committee, who are also to confer with Mr. Edward Rutledge, the Bearer of the Letter from the Governor of South Carolina to Governor Caswell, respecting an Aid from this State to South Carolina.

At the same time received the Letter referred to in the foregoing Message, which, being read,

Ordered that Messrs. Martin, Davis, Rutherford, Harvey, Rand, Salter & Hunt, act on said Committee, and that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House have appointed Colo. Martin, Mr. Davis, Gen. Rutherford, Mr. Harvey, Mr. Rand, Mr. Salter & Mr. Hunt, to act jointly with the Gentlemen by you appointed, to take under Consideration the Letter from the Governor of South Carolina.

Received from the Commons a Bill to prevent the stopping the Fish in the Uharie river, which was read the second time, passed and sent to the Commons.

Also a Bill to prevent persons from stopping the passage of Fish up Tar River, and Dan river, which was read the second time, passed and sent to the Commons.

Colo. Irwin, who had leave to take out and amend the Bill to prevent the stopping of Fish from running up Rockey river, presented said Bill, which was received with the amendment and sent to the Commons.

Received from the Commons a Bill for establishing Fairs at Halifax town and Edenton, which was read the second time, passed and sent to the Commons.

Also a Bill to prevent persons from injurying the Inland navigation

-------------------- page 876 --------------------
of Rivers, Creeks and Water Courses, in this State, in the Counties therein mentioned, which was read the second time, passed and returned to the Commons.

Also a Bill for prolonging the time for saving the Lots in the Town of Windsor and Winton, which was read the first time, passed and sent to the Commons.

Also a Bill to amend an Act Entitled an Act for establishing an Academy in the Town of Hillsborough, which was read the first time, passed and sent to the Commons.

Also a Bill for establishing an Academy in the County of Granville, and for appointing Trustees, and for other purposes, which was read the second time, passed and sent to the Commons.

Also a Bill to amend an Act Entitled an Act concerning Servants and Slaves, which was read the third time, passed and sent to the Commons.

Also a Bill for establishing the Salaries of the Judges of the Superior Courts, and of the Attorney General, and for other purposes, which was read the second time and Rejected.

And a Bill for giving to all persons having Lands in this State a farther time for proving and registering their Deeds and Mesne Conveyances, which was read the second time, amended, passed and sent to the Commons.

On motion, for taking under Consideration the State of the public Finances, and to enforce all persons entrusted with public Monies to make an immediate and fair Settlement for the same, the House resolved itself into a Committee of the whole House, and Chose Mr. Hunt, Chairman; and after some time spent therein, Mr. Speaker resumed the Chair, and Mr. Chairman reported

That the Committee had entered into no Resolutions on the Subjects to them Committed, but beg Leave to sit again at a future time.

The House Concurred with the report.

Read the Memorial of General Jones, setting forth that a number of Militia Officers, in the District of Halifax, have procured Exemptions under the late Act for raising Men, so that they can not be obliged to march out of the State; also that it will be necessary to appoint a Brigadier General for the District of Halifax pro tempore.

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

Ordered that the same lie for Consideration until to-morrow.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the resolve of your House for referring the Accounts of the Continental Waggons to settle, 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 1st November, 1779, Concurred with.

Mr. Seawell, who had leave of absence from the service of this House until this Day, appeared and took his Seat.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence the Report of the Committee appointed to take under Consideration the Petition of Thomas Turner, 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 the report of the Committee appointed to take under Consideration the Petition of Thomas Turner, 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 on the Petition of John Robinson, of Burke 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:

The resolve of your House in favor of John Robinson, of Burke County, you will herewith receive, Concurred with.

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

The Committee appointed to take under Consideration the Petition of Abner Nash, Esquire, to whom also was referred the petition of Thomas Burke, Esquire, Reported, by General Rutherford,

That, having Considered the Allegations in the said Petition, are of Opinion that the Confiscation Law will greatly injure the said Thomas Burke, unless prevented by the Legislature, as to his Contract with Andrew Miller, an absentee now residing with the Enemies of this and the United States, late Executor of the last Will and Testament of James Milnor, Esquire, Deceased, for certain Land mentioned in this Petition, the said Miller not having made Conveyances for the same, and recommend that an Act of Assembly be passed in the favour of the said Thomas Burke, to prevent the injury Complained and vest in him the Title of the same.

The House taking said Report into Consideration, Concurred therewith.

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

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send for your Concurrence the report of the Committee appointed to consider the Petition of Thomas Burke, Esqr., Concurred with by this House.

Received from the Commons a Bill for laying a Tax to defray the Expense of the public Buildings in the County of Nash, which was read the third time, amended, passed and sent to the Commons.

Also a Bill to establish a road from James McDaniel's, in Pasquotank County, to the Widow White's, in Perquimons County, and grant a Toll for the same which was read the second time, passed and returned to the Commons.

Mr. Rand moved for Leave and presented a Bill for sending an Aid to the States of South Carolina & Georgia, which was read the first Time, passed and sent to the Commons.

Colo. Martin moved for Leave and presented the following Protest against passing the Bill for Dividing Anson County, and other purposes.

Dissentient.

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

Because, Each of the Counties to be formed by this Bill will not contain a regiment of One thousand, or at least Seven hundred and fifty Militia, the force necessary in every County for its Defence, the only standard for representation the Legislature can hold up, without greatly endangering the Liberties of Inhabitants of this State.

Because, This Bill is calculated to destroy that equal representation of the People, the best Security for equal and Constitutional Liberty, and will sanctify a Grievance which, thro the inattention of the Legislature, has already grown big with Consequences that will be fatal to the Legislative Power of this State.

Because, The County mentioned in the Bill, before the late Division thereof, not a year past, contained not more than fourteen Hundred Militia, will send nine Members to represent them in the General Assembly, when other Counties containing more than the same number are entitled only to three Representatives.

Because, population and not Territory constitute the power of the State, and this procedure of the House appears an open Trespass on and a direct Violation of the rights of the People & a wanton Surrender of the powers of Legislation transferring the same from a part of the people represented by three to a less number represented by nine, by which means, at some future period, a small Minority will give Law, and may entail Slavery on the Majority of the State.

Because, Britain, whose late Constitution has been the boast of Ages and the Wonder of Nations, is become the Melancholy Example of the Depravity of a Government where the people are unequally represented, where the corrupt and venal representations of a small number of the Inhabitants in old deserted Villages are Legislators to the Counties, Shires and great Towns containing Millions, an evil that has plunged that Kingdom into those late destructive Measures that have already shaken it to its Center and will sooner or later bring its boasted power to the Ground, and when we are treading the same path let us look on the Fate of Britain as our own and Tremble for ourselves.

Alex. Martin.

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

-------------------- page 880 --------------------

Tuesday, 2nd November, 1779.

The House met.

Received from the Commons a Bill to amend an Act for ascertaining what Property in this State shall be deemed taxable Property, the method of assessing the same and collecting the public Taxes, and other purposes, which was read the first time, passed and sent to the Commons.

Mr. Shepperd, who had Leave to take out and amend the Bill to lay off a town in the County of Surry, on the Land the property of John Armstrong & William Shepperd, presented said Bill, which was sent to the Commons.

Mr. Respass has leave of Absence from the Service of this House after this Day.

Read the Memorial of Colo. Walter Lindsay, a Volunteer in the North Carolina Brigade.

Resolved, that the Treasurer of the District of Salisbury advance to the said Walter Lindsay, by half Yearly payments, the Sum of Fifty pounds annually during his life, as a Gratuity for his Services.

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

Mr. Speaker & Gentlemen of the House of Commons:

You will herewith receive, for your Concurrence, a Resolve of this House, allowing Colo. Walter Lindsay, the annual Sum of Fifty pounds.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Report of the Committee appointed to consider the Petition of Thomas Burke, Esqr., concurred with by this House.

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

Endorsed In the House of Commons 2nd of November, 1779, Concurred with.

Received from the Commons a Bill for the Division of Dobbs County, and other purposes therein mentioned, which was read

-------------------- page 881 --------------------
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:

This House propose to Ballot, at 4 o'Clock this Evening, for a Treasurer for the District of Hillsborough, and desire the Concurrence of the Senate.

We put in nomination Matthew Jones, Memucan Hunt and John Taylor, Esquires.

The House examining the report of the Gentlemen appointed to superintend the Balloting for a Treasurer for the District of Hillsborough on Saturday last,

Resolved, that the Votes then in favour of Matthew Jones were sufficient to elect him, and that the Election was valid and Legal.

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

Mr. Speaker & Gentlemen of the House of Commons:

As it is Evident that at the Balloting, on Saturday last, a sufficient number of votes appeared in favour of Matthew Jones, Esqr., to elect him a Treasurer for the District of Hillsborough, and this House having resolved that Election to be Legal, cannot Concur with your Message for Balloting for a Treasurer for the District of Hillsborough again.

Received from the Commons a Bill for sending an Aid to the States of South Carolina and Georgia, which was read 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 return the Resolve of your House allowing Colo. Walter Lindsay the annual Sum of Fifty pounds, Concurred with.

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

Endorsed In the House of Commons 2nd November, 1779, Concurred with.

Received from the Commons a Bill to enlarge the Jursidiction of Justices of the peace, and for other purposes, which was read the third time, passed and Ordered to be Engrossed.

-------------------- page 882 --------------------

Also a Bill for establishing Fairs in Halifax Town & Edenton, which was read the third time, passed and Ordered to be Engrossed.

Also a Bill to prevent hunting in the Night time, with Gun and Fire light, and other purposes therein mentioned, which was read the second time, amended, passed and sent to the Commons.

Also a Bill for sending an Aid to the States of South Carolina & Georgia, which was read the third time, amended, passed and sent to the Commons.

And a Bill to establish a Board of Commissioners for settling and adjusting the public Accounts of this State, and other purposes.

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

———


Wednesday, 3rd November, 1779.

The House met.

Whereas, it is suggested to this House that a Cartel will shortly be dispatched from Charlestown to the Island of Providence to effect an Exchange for all Prisoners of War belonging to South Carolina, and it being expedient for this State to adopt a similar Measure touching their Prisoners; Therefore,

Resolved, that His Excellency the Governor be requested to send all the Prisoners of War belonging to this State as expeditiously as may be to said Island, in order to obtain in exchange an equal number of the good Citizens of this or the United States.

Ordered that the foregoing Resolve, 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 requesting His Excellency to effect an Exchange of Prisoners.

Received from the Commons a Bill to prevent the stopping the Fish from running up Rockey river, which was read the Second time, passed with amendments and sent to the Commons.

Also a Bill for annexing a part of Carteret County to Jones, and other purposes, which was read the third time, passed and Ordered to be Engrossed.

Mr. Shepperd, who had Leave to take out and amend the Bill for punishing persons concerned in any of the several Species of

-------------------- page 883 --------------------
Counterfeiting in this State, presented the same, which was received with the amendments, read the second time, passed and sent to the Commons.

Received from the Commons a Bill to amend an Act for ascertaining what Property in this State shall be deemed taxable property, the method of assessing the same, and collecting the public Taxes, and other purposes, which was read the second time, amended, passed and sent to the Commons.

The Yeas and Nays being required by Gen. Rutherford, on passing the said Bill were as follows:

Yeas:
O. Davis.
J. Gray.
J. Coor.
E. Salter.
K. McKenzie.
H. Rhodes.
J. Smith.
T. Relfe.
W. Shepperd.
A. Martin.
J. Hogan.
W. Russell.
N. Boddie.
J. Rand.
G. Wynns.
T. Harvey.
B. Seawell.
M. Hunt.—18.

Nays:
C. Robertson.
I. Frasier.
B. Cleveland.
G. Rutherford.
T. Owen.
B. Exum.
J. Saunders.
J. Childs.
R. Irwin.—9.

Received from the Commons a Bill for giving to all persons having Lands in this State a farther time for proving and registering their Deeds and Mesne Conveyances, and for other purposes, which was read the third time and Rejected.

Also a Bill to enable the Administrator of John Robinson, deceased, to sell and dispose of the Estate of said Robinson, which was read the first time, amended, passed and sent to the Commons.

Also a Bill to amend an Act Entitled an Act to amend the Staple of Tobacco, which was read the third time, amended, passe and sent to the Commons.

-------------------- page 884 --------------------

Also a Bill for Erecting a town on the Lands of Thomas Hunter, at Squhawkey, in Martin County, which was read the third time, passed and Ordered to be Engrossed.

Also a Bill to lay off a Town in the County of Surry, on the Lands, the property of John Armstrong & William Shepperd, at the Court House in said County, which was read the second time, amended, passed and sent to the Commons.

Also a Bill to regulate Ordinaries, Houses of Entertainment and Ferries, and other purposes, which was read the third time, amended, passed and sent to the Commons.

Also a Bill to empower the Commissioners therein mentioned to purchase a Lot in the Town of Wilmington, to build a Gaol for the District of Wilmington, and other purposes, which was read the third time, passed and Ordered to be Engrossed.

Also a Bill for dividing the Mecklenburg Regiment of Militia into two separate and distinct Regiments, which was read the first time, passed and sent to the Commons.

Also a Bill for prolonging the time for saving the Lots in the towns of Windsor and Winton, which was read the second time, passed and sent to the Commons.

And a Bill to prevent the stopping the Fish in the Uharie river, which was read the third time, passed and Ordered to be Engrossed.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the resolve of your House requesting His Excellency to effect an Exchange of Prisoners, Concurred with.

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

Endorsed In the House of Commons 3rd November, 1779, Concurred with.

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

———


Thursday, 4th November, 1779.

The House met.

On motion, Ordered that a Writ of Election issue to the Sheriff of Northampton County to elect one Member to represent said

-------------------- page 885 --------------------
County in the Senate, in the room of Gen. Jones, who has vacated his Seat by the acceptance of the Office of Continental Delegate, and that the said Election be held on the 26th & 27th days of this Instant.

The House taking under Consideration the Memorial of Gen. Allen Jones,

Resolved, that Colo. Thomas Eaton be appointed Brigadier General of the District of Halifax, in the room of General Jones, during his Continuance in the Office of Continental Delegate.

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

Mr. Speaker & Gentlemen of the House of Commons:

You will herewith receive, for your Concurrence, a Resolve of this House, appointing Colo. Thomas Eaton, Brigadier General of Halifax District, you will also Receive General Jones's Memorial on that Subject.

Resolved, that all Claims against the public, allowed and certified, and all Indented Loan Office Tickets properly endorsed, shall be received by the several Sheriffs in this State in Discharge of public Taxes for the present Year.

Ordered that the foregoing Resolve, 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 several Sheriffs in this State to receive in payment of Taxes all Claims allowed and certified, and Indented Loan Office Tickets.

Received from the Commons a Bill for the more effectually preventing Engrossing and Forestalling, for the encouragement of Commerce and the Fair Trader, and for other purposes therein mentioned, which was ordered to be read.

Then, on motion, the House resolved itself into a Committee of the whole, Mr. Hunt in the Chair; and after some time spent thereon Mr. Speaker resumed the Chair and Mr. Chairman reported

That the Committee proposed several amendments to the said Bill.

The House received the amendments, and the Bill was read the second time, passed and sent to the Commons.

-------------------- page 886 --------------------

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the resolve of your House impowering the several Sheriffs in this State to receive in payment of Taxes all Claims allowed and properly certified, and Indented Loan office Certificates, 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 4th November, 1779, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the resolve of your House appointing Colo. Thomas Eaton, Brigadier General of the District of Halifax, during the time General Jones shall continue a member of the Continental Congress, 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 4th November, 1779, Concurred with.

Received from the Commons a Bill to establish a road from James McDaniel's, in Pasquotank County, to the Widow White's, in Perquimans County, and granting a Toll on the same, which was read the third time, amended by Consent of both Houses, passed and Ordered to be Engrossed.

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

———


Friday, 5th November, 1779.

The House met.

Colo. Martin moved for Leave and presented a Bill to receive the Continental Battalions of this State, which was read the first time, passed and sent to the Commons.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you the Petition of Thomas Person, Esquire, which we propose referring to the joint Committee to take under Consideration the Petition of Abner Nash, Esqr., and desire the Concurrence of the Senate.

-------------------- page 887 --------------------

On reading the Petition of the said Thomas Person, Esq., the House Concurred with the Commons in referring it to the Committee appointed to consider of the Petition of Abner Nash, Esq.

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 proposing to refer the Petition of Thomas Person, Esqr., to the Committee appointed to consider of the Petition of Abner Nash, Esqr., to which we agree.

Received from the Commons a Bill to prevent persons from stopping the passage of Fish up Tar River and Dan River, which was read the third time, passed and Ordered to be Engrossed.

Also a Bill for prolonging the time for saving the Lots in the towns of Windsor and Winton, which was read the third time, passed and Ordered to be Engrossed.

Also a Bill for dividing the Mecklenburg Regiment of Militia into two separate and distinct Regiments, which was read the second time, passed and sent to the Commons.

Also a Bill to Establish and lay out a Town in Washington County, which was read the third time, passed and Ordered to be Engrossed.

Also a Bill to enable John Kirkwood and Thomas Robeson to sell and dispose of the Estate of John Robinson, deceased, which was read the second time, passed with amendments, 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 requesting Nicholas Long, Esq., Deputy Quarter Master General, to furnish the Assembly with a list of the Waggons in public Service and under his Care, &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 888 --------------------

Mr. Speaker & Gentlemen of the House of Commons:

The Resolve of your House directing Colo. Long to furnish this Assembly with an Account of the public Waggons, &c., you will herewith receive, Concurred with.

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

———


Saturday, 6th November, 1779.

The House met.

Received from the Commons a Bill to establish a Board of Commissioners for settling and adjusting the public Accounts of this State, and other purposes, which was read the second time, amended, passed and sent to the Commons.

Resolved, that His Excellency the Governor be requested to grant a Pardon to Colo. Benjamin Cleveland and Captain Benjamin Herndon, of Wilkes County, and others concerned in killing Lemuel Jones and William Coyle, two known Traitors, Murderers, Robbers and House thieves, and for beating James Harvel, who had harboured the same.

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

Mr. Speaker & Gentlemen of the House of Commons:

You will herewith receive a Resolve of this House recommending Colo. Benjamin Cleveland & Capt. Benjamin Herndon, and others, to His Excellency the Governor to be Pardoned for killing Lemuel Jones and William Coyle, and for beating James Harvell, which is sent for your Concurrence.

Received from the Commons a Bill to carry into Effect an Act passed at New Bern, in November, in the Year 1777, Entitled an Act for confiscating the Property of all such persons as are inimical to this State or the United States, and of such persons as shall not, within a certain time therein mentioned, appear and submit to the State, whether they shall be received as Citizens thereof, and of such persons who shall so appear and shall not be admitted as Citizens, and for other purposes therein mentioned, and for other purposes, which was read the third time, amended, passed and sent to the Commons.

Received from the Commons a Bill to prevent hunting in the

-------------------- page 889 --------------------
Night time, with Gun and firelight, and other purposes therein mentioned, which was read the third time, amended by Consent, passed and Ordered to be Engrossed.

Whereas, Benjamin Hawkins, Esqr., Commercial Agent, &c., has purchased on behalf of the State Two Hundred thousand weight of Tobacco, and has chartered a vessel to transport Eighty thousand weight of the same to St. Eustatia, not being able to procure Vessels to carry the remainder,

Resolved, that the said Hawkins be empowered to dispose of the said Eighty thousand weight of Tobacco in manner heretofore directed by Resolves of the General Assembly and Instructions from His Excellency the Governor, and also to contract in any foreign port for any Quantity of Pork, not exceeding One thousand Barrels, and for the remaining One Hundred and Twenty thousand Weight of Tobacco to be delivered, either in any foreign Country or in this State, at his Discretion, and that he apply the Proceeds of said Tobacco and Pork to the purcahse of such Articles for the use of this State as are directed by the aforesaid Instructions, and that he comply with the resolve of the General Assembly of the 21st October, respecting his purchasing of salt, &c.

Ordered that the foregoing Resolve, 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 Benjamin Hawkins, Esqr., in the Execution of the Office of Commercial Agent for this State.

Received from the Commons a Bill to enable John Norwood, Surviving Executor of the last Will and Testament of Henry Bradley, Deceased, to sell and convey the Lands of the said Deceased, which was read the third time, passed and Ordered to be Engrossed.

Also a Bill to enable John Kirkwood and Thomas Robinson to sell and dispose of the Estate of John Robinson, deceased, which was read the third time, passed and Ordered to be Engrossed.

Also a Bill to amend an Act Intitled an additional Act concerning Servants & Slaves, passed at New Bern, in the Year 1753, and other purposes therein mentioned, which was read the third time, passed and Ordered to be Engrossed.

-------------------- page 890 --------------------

Received from the Commons a Bill to fill up the Continental Battalions of this State, and other purposes, which was read the first Time, passed and sent to the Commons.

Read the Petition of John Hogan, impeaching William McCauly, one of the Justices of the peace for Orange County, of Misbehaviour in Office.

Resolved, that the said William McCauly be cited to appear at the next Session of General Assembly, to answer the accusations of the said Hogan, and that William Courtney & Thomas Hart, Justices in said County of Orange, take the examination of the witnesses of the Parties & transmit the same to the next Assembly.

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

Mr. Speaker & Gentlemen of the House of Commons:

You will herewith receive, for your Concurrence, a Resolve of this House citing William McCauly, Esqr., to appear at the next Session of Assembly, to answer the Accusations alledged in the Petition of John Hogan, Esquire.

Mr. Hogan and Mr. Relfe have Leave of absence from the Service of this House.

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

———


Sunday, 7th November, 1779.

The House met.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the resolve of your House directing Benjamin Hawkins, Esqr., in the Execution of the Office of Commercial Agent for 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 7th November, 1779, Concurred with.

Received from the Commons a Bill to prevent the stopping of Fish from running up the Rockey & Haw rivers, which was read the third Time, passed and sent to the Commons.

Received from the Commons a Bill to amend an Act for ascertaining

-------------------- page 891 --------------------
what Property in this State shall be deemed Taxable property, the method of assessing the same and collecting the public Taxes, and other purposes, which was read the third time, amended by Consent, passed and Ordered to be Engrossed.

Also a Bill to prevent persons from injurying the Inland Navigation of Rivers, Creeks & Water Courses, in this State, which was read the third time and Rejected.

Also a Bill for dividing the Mecklenburg Regiment of Militia into two separate & Distinct Regiments, which was read the third time, passed and Ordered to be Engrossed.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence a Resolve of this House allowing William Tisdale, Esqr., the Sum of One Hundred and fifty pounds for making the great Seal of the State.

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:

You will herewith receive the Resolve of your House allowing William Tisdale, Esqr., One Hundred and fifty pounds for making the great Seal of this State, Concurred with.

Received from the Commons a Bill to amend an Act Entitled an Act for establishing offices for receiving Entries of Claims for Lands, in the several Counties within this State, for ascertaining the method of obtaining Titles to the same, and for other purposes therein mentioned; and also to amend one other Act Entitled an Act to amend an Act for establishing offices for receiving Entries of Claims for Lands, in the several Counties within this State, for ascertaining the method of obtaining Titles to the same, and for other purposes, which was read the third time, passed and sent to the Commons.

Also a Bill for directing the method of appointing Jurors, in all Causes Civil and Criminal, which was read the third time, amended by Consent of both Houses, passed and Ordered to be Engrossed.

Resolved, that Benjamin Hawkins, Esqr., be desired to attend

-------------------- page 892 --------------------
this House to give Information of the State of the Transactions between William Savage, Merchant, of Edenton, and himself, in behalf of the 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 directing Colo. Long to pay the Board of War, in Virginia, for the Goods 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 directing Colo. Long to pay the Board of War, in Virginia, for the Goods therein mentioned, you will herewith receive, 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 Gen. Skinner to compleat the Settlement of the public Accounts, &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:

The Resolve of your House, requesting Gen. Skinner to compleat the Settlement of the public Accounts, you will herewith receive, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you a Letter from Mr. Adam Boyd, which we propose referring to the joint Committee appointed to enquire what necessaries are or may be wanting for the use of our Army.

-------------------- page 893 --------------------

At the same time the Letter from Mr. Boyd was read, and the House Concurred with the Commons in referring the Consideration of it to the aforementioned Committee.

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

Mr. Speaker & Gentlemen of the House of Commons:

This House Concur with yours in referring the Letter of Adam Boyd, Esqr., to the Consideration of the Committee appointed to consider what Articles are necessary for the use of our Army.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

This House have directed their Clerk to make up the Estimate of allowances at Twenty-five Dollars per Day, and to include Wednesday next.

The House Concurred with the foregoing Message, and Ordered that the following Message be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

This House Concur with your Message for making up the Estimate of allowances at Twenty-five Dollars per Day, including Wednesday next.

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

———


Monday, 8th November, 1779.

The House met.

Received from the Commons a Bill to fill up the Continental Battalions of this State, and other purposes, which was read the second time, passed and returned to the Commons.

Also a Bill for punishing persons Concerned in any of the several Species of Counterfeiting in this State, which was Ordered to be read.

On reading the Bill, a motion was made that the Bill be amended so that no persons apprehended & charged with counterfeiting should be admitted to Bail; this being objected to, the Question was put and carried in the negative.

-------------------- page 894 --------------------

And the Yeas and Nays being required, by Gen. Rutherford, were as follows:

Yeas:
C. Robertson.
A. Ramsay.
J. Frasier.
B. Cleveland.
W. Sheppard.
A. Martin.
G. Rutherford.
J. Childs.
R. Irwin.
T. Harvey.—10.

Nays:
J. Gray.
J. Coor.
E. Salter.
K. McKenzie.
B. Seawell.
H. Rhodes.
M. Hunt.
T. Faulcon.
S. Smith.
J. Kenan.
J. Saunders.
T. Owen.
J. Collier.
W. Russell.
N. Boddie.
J. Rand.—16.

Then the said Bill was read the third time, passed and Ordered to be Engrossed.

Whereas, it is found by experience that the Office of Inspector over any considerable Brigade or Division of Militia, while in actual Service, is expedient and conducive to good Order and Discipline among such Troops, Therefore,

Resolved, that Major Henry Dickson be and he is hereby appointed Inspector General over the aid of Militia, voted by the present Assembly for the Defence of So. Carolina and Georgia, during the Continuance of such aid in Service, and that the said Henry Dickson be allowed the Sum of Four Hundred Dollars per month for this particular Service, and also to have and bear the Rank of Lieutenant Colonel of Militia.

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

Mr. Speaker & Gentlemen of the House of Commons:

You will herewith receive, for your Concurrence, a Resolve of this House appointing Major Henry Dickson, Inspector General

-------------------- page 895 --------------------
over the aid of Militia, voted by the present Assembly, for the Defense of So. Carolina and Georgia, and allowing him a certain Sum for such Service.

Received from the Commons a Bill to establish a Town in the County of Surry, heretofore laid out on the Lands of John Armstrong and William Sheppard, at the Court House of said County, which was read the third time, passed and Ordered to be Engrossed.

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

———


Tuesday, 9th November, 1779.

The House met.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the resolve of your House appointing Major Henry Dickson, Inspector General over the aid of Militia, voted by the present Assembly, for the Defence of South Carolina and Georgia, and allowing him a certain Sum for such Service, Concurred with.

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

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

Resolved, that General Lillington be directed to reland the public Stores out of the Sloop George, now laying at Wilmington, and deliver said Sloop to the owners thereof, or their Order, without Delay, which said owners shall be entitled to receive adequate Satisfaction from the next Assembly for the hire of said Sloop.

And Resolved further, that Colo. Henry Young, of Wilmington, be requested to attend at the next Session of Assembly to give Information relative to his Contract for the hire of said Sloop.

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

Mr. Speaker & Gentlemen of the House of Commons:

Herewith you will receive, for your Concurrence, a Resolve of this House relative to public Stores on board the Sloop George,

-------------------- page 896 --------------------
now lying at Wilmington, also for citing Colo. Young, of Wilmington, to attend the next Session of Assembly to give Information relative to the hire of said Sloop.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the resolve of your House relative to the Stores on board the Sloop George, &c., and also for citing Colo. Young to attend on the next Session of Assembly, Concurred with.

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

Endorsed In the House of Commons 9th November, 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 requesting His Excellency the Governor to issue a Captain's Commission to Ptolemy Powell, &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:

You will herewith receive the resolve of your House requesting His Excellency the Governor to issue a Captain's Commission to Ptolemy Powell, Concurred with.

Resolved, that the person to be appointed, by this Assembly, Deputy Commissary of Military Stores and Deputy Clothier General, shall, previous to his entering on the Execution of those Offices, take an Oath that he will not, during his Continuance in Office, be engaged or concerned directly or indirectly in Trade or Merchandize on his own account, family consumption excepted, or otherwise than as the Duty of his office requires.

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

-------------------- page 897 --------------------

Mr. Speaker & Gentlemen of the House of Commons:

You will herewith receive, for your Concurrence, a Resolve of this House Enjoining the person who, by this Assembly, shall be appointed Deputy Commissary of Military Stores & Deputy Clothier General, to take an Oath of Office.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the resolve of your House recommending Colo. Benjamin Cleveland and Captain Benjamin Herndon, and others, to His Excellency the Governor to be pardoned for killing Lemuel Jones and William Coyle, and for beating James Harvell, 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 9th November, 1779, Concurred with.

Resolved, that John Hatch, Waggon Master of the Militia, lately to the Southward, under the Command of General Bryan, from the District of New Bern, be cited to attend at the next Session of Assembly to give Information of a Waggon and two Horses lost in the Service, belonging to Daniel Clany.

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

Mr. Speaker & Gentlemen of the House of Commons:

You will herewith receive, for your Concurrence, a Resolve of this House citing John Hatch to attend at the next Session of Assembly, to give Information of a Waggon & Horses lost in the Service on the Expedition to South Carolina.

Received from the Commons a Message proposing amendments to the Bill to carry into Effect an Act passed at New Bern, in the Year 1777, Intitled an Act for confiscating the property of all such persons as are inimical to this State or the United States, &c., &c.

An amendment, in the following Words, was proposed by the Commons:

“Provided, nevertheless, that nothing herein Contained shall be construed to empower the Commissioners appointed by Virtue of

-------------------- page 898 --------------------
this Act to take into their possession any Household Furniture or Provision belonging to the aged Parents, Wives, Children or Widows of any person whose Estate is confiscated by virtue of this or any other Act passed in this State.”

This amendment being objected to, the Question was put, and carried in the Affirmative.

Then the Yeas and Nays being required, by General Rutherford, were as follows:

Yeas.
A. Ramsay.
J. Coor.
E. Salter.
K. McKenzie.
B. Seawell.
H. Rhodes.
M. Hunt.
J. Frasier.
J. Faulcon.
S. Smith.
J. Kenan.
A. Martin.
T. Owen.
J. Collier.
W. Russell.
J. Rand.
W. Sheppard.
B. Exum.
J. Childs.
N. Boddie.
G. Wynns.—21.

Nays.
J. Saunders.
G. Rutherford.
R. Irwin.—3.

Mr. Russell has leave of absence from the Service of this House for the remaining part of the Session.

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


Wednesday, 10th November, 1779.

The Committee appointed to take under Consideration the Petiion of Abner Nash, Esqr., to whom was also referred the Petition of Thomas Person, Esquire, Report

That they find the facts Stated in the Petition of Thomas Person,

-------------------- page 899 --------------------
Esquire, to be true, and are of the Opinion that a Provision ought to be made for the said Petitioner in the Bill for securing the right of certain Lands to the said Abner Nash, Esqr., all of which is submitted.

The House concurred with the foregoing Report and Ordered that the same, with the following Message, be sent to the Commons:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send you the report of the joint Committee appointed to take under Consideration the Petition of Abner Nash, Esqr., to whom was referred the Petition of Thomas Person, Esqr., Concurred with by this House.

Received from the Commons a Bill to vest the Title of certain Lands therein mentioned in Abner Nash, Esquire, and other purposes, which was read the third time, amended, passed and sent to the Commons.

Resolved, that Major John Nelson be and he is hereby appointed Deputy Inspector General, to act with Major Dixon heretofore appointed, to march with the aid voted by this Assembly for the Defense of South Carolina and Georgia, and that the said Nelson be entitled to the same pay and Rank allowed by the aforesaid Resolve to Major Dixon; and,

Resolved, further, that the Speakers of the Assembly be requested to write to General Summer, desiring the aforementioned Officers have leave to perform this Duty.

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

Mr. Speaker & Gentlemen of the House of Commons:

You will herewith receive a Resolve of this House appointing a Deputy Inspector General over the Aid of Militia Ordered to South Carolina, which we send for your Concurrence.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Report of the joint Committee on the Petition of Thomas Person, Concurred with.

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

-------------------- page 900 --------------------

Endorsed In the House of Commons 10th November, 1779, Concurred with.

Whereas, upon the Dismission of the State Regiment, it is probable that, of the Horses, Waggons, Military Stores & Camp Equipage, &c., thereto belonging to, Individuals still retain in their Hands, to a Considerable Amount,

Resolved, therefore, that Colo. Nicholas Long, Quarter Master General, be and he is hereby empowered and requested to obtain and take into his possession (on behalf of the public) all the Horses, Waggons with their Implements, Military Stores and Camp Equipage of every kind, to said Regiment lately belonging, wheresoever the same may be or in whatsoever persons Possession such Articles may be found; and further, that when there may be just ground to suspect that any person hereafter fraudulently doth retain any of the aforesaid Articles in his possession under pretence of the same being his own Property, that it shall and may be legal for any Justice of the peace within his own County to call and cause such suspected persons to come before him and examine such person on Oath respecting the Remedies.

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

Mr. Speaker & Gentlemen of the House of Commons:

You will herewith receive, for your Concurrence, a Resolve of this House empowering Colo. Long to take into his Possession all the public Waggons, Horses and Military Stores, lately made use of by the State Regiment.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House citing John Hatch to attend on the next Session of Assembly, &c., Concurred with.

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

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

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House impowering

-------------------- page 901 --------------------
Colo. Long to take into his possession all the public Waggons, Horses and Military Stores, lately made use of by the State Regiment.

Also the Resolve appointing a Deputy Inspector General over the aid of Militia Ordered to South Carolina, Concurred with.

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

Endorsed In the House of Commons 10th November, 1779, Concurred with.

Resolved, that Thomas Scarlock be and he is hereby appointed Commissary of Issues, for the purpose of supplying the Soldiers and Prisoners in and about Halifax with Provisions. That he be directed to receive of William Amis all the Public Provisions now in his Hands, and that he be allowed, at the next Assembly, an adequate reward for such Services.

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

Mr. Speaker & Gentlemen of the House of Commons:

You will herewith receive, for your Concurrence, a Resolve of this House appointing Thomas Scarlock, Commissary of Issues, for the purpose of supplying the Soldiers & Prisoners in and about Halifax with Provisions.

Resolved, that His Excellency the Governor be empowered to establish a Company of Militia, consisting of not more than twenty-five men, to be composed and Officered of the Inhabitants of said Island, and to be stationed there for its Protection and Defence, which said Company shall be Entitled to the same pay and Rations as the Garrison of Fort Johnston are Entitled to receive.

Resolved, also, that His Excellency the Governor direct that Thomas Benbury & Robert Smith, Esquires, deliver to the Officers of the said Company four pieces of Cannon, Eighteen and twentyfour pounders, imported into this State by Capt. Borrits, from Spain, and that he also direct the said Company to be furnished with a sufficient Quantity of Powder and Ball for the aforementioned purposes.

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

-------------------- page 902 --------------------

Mr. Speaker & Gentlemen of the House of Commons:

Herewith you will receive, for your Concurrence, a Resolve of this House for embodying a Company for the Defence of Ocracock.

Resolved, that John Graham be allowed the Sum of Two Hundred & fifty-six pounds for acting as Quarter Master to General Rutherford's Brigade, that the Treasurers or either of them pay him the same, who shall be allowed, &c.

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

Mr. Speaker & Gentlemen of the House of Commons:

You will herewith receive, for your Concurrence, a Resolve of this House in favour of John Graham.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the resolve of your House appointing Thomas Scarlock, Commissary, &c., Concurred with.

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

Endorsed In the House of Commons 10th November, 1779, Concurred with.

Received from the Commons a Bill for Establishing an Academy in the County of Granville, and for appointing Trustees, and for other purposes, which was read the third time, passed and Ordered to be Engrossed.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send, for your Concurrence, a Resolve of this House impowering the Commanding Officers in the respective Counties to appoint persons to take into their possession the stray Cattle & Horses belonging to the public.

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:

-------------------- page 903 --------------------

Mr. Speaker & Gentlemen of the House of Commons:

The Resolve of your House empowering the Commanding Officers in the respective Counties to appoint persons to take into their possession the Stray Cattle & Horses belonging to the public, you will herewith receive, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the resolve of your House in favour of John Graham, Concurred with.

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

Endorsed In the House of Commons 10th November, 1779, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the resolve of your House enjoining the person to be appointed Deputy Commissary of Military Stores & Deputy Clothier General to take an Oath of Office, Concurred with.

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

Endorsed In the House of Commons 10th November, 1779, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you a Letter from Thomas Craike, Esqr., resigning his appointments of Deputy Commissary of Military Stores and Deputy Clothier General; also a resolve of this House, for your Concurrence, appointing Robert Rowan, Esqr., to fill the said appointments.

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 904 --------------------

Mr. Speaker & Gentlemen of the House of Commons:

You will herewith receive the Resolve of your House appointing Robert Rowan, Esqr., Deputy Commissary of Military Stores and Deputy Clothier General, 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 Mr. William Lock to receive a number of old Guns and a broken Waggon from Matthew Lock, Esqr., to sell the same and pay the money to the Treasurer of the District of Salisbury.

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:

You will herewith receive the Resolve of your House empowering Mr. William Lock to receive a number of old Guns and a broken Waggon from Matthew Lock, Esqr., and to sell the same, Concurred with.

Resolved, that Andrew Allison, a wounded Soldier be allowed the Sum of Two Hundred pounds for his Support, and that the Treasurers or either of them pay him the same, who shall be allowed.

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

Mr. Speaker & Gentlemen of the House of Commons:

You will herewith receive a Resolve of this House in favour of Andrew Allison, a wounded Continental Soldier, which is sent for your Concurrence.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith send, for your Concurrence, a Resolve of this House requiring Robert Rowan, Esqr., to enter into Bond with sufficient Security, &c., before he enters on the Execution of the offices of Deputy Commissary General of Military Stores, &c.

-------------------- page 905 --------------------

At the same time received the resolve of this House of 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:

You will herewith receive the Resolve of your House requiring Robert Rowan, Esqr., to enter into Bond, Concurred with by this House.

Received from the Commons a Bill to fill up the Continental Battalions of this State, and other purposes, which was read the third time and Rejected.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House for impowering the Governor to establish a Company of Militia for the Defence of Ocracock, Concurred with.

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

Endorsed In the House of Commons 10th November, 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 His Excellency the Governor, with the advice of the Council, to call a meeting of the Assembly sooner than the first Monday in April next, provided it shall be absolutely necessary.

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

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

Mr. Speaker & Gentlemen of the House of Commons:

You will herewith receive the resolve of your House impowering His Excellency the Governor, with the advice of the Council,

-------------------- page 906 --------------------
to call a Meeting of the Assembly sooner than the first Monday in April next, provided it shall be absolutely necessary, Concurred with by this House.

Resolved, that Colo. Martin Armstrong be allowed the Sum of Six Hundred and Seventy-four pounds sixteen Shillings for Flour & Beef furnished Michael Henderson, for the Troops commanded by General Rutherford, in November, 1778, that the Treasurers or either of them pay him the same, who shall be allowed.

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

Mr. Speaker & Gentlemen of the House of Commons:

You will herewith receive a Resolve of this House in favour of Martin Armstrong, which is sent for your Concurrence.

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 Clerk to deliver to General William Skinner, or his order, the Vouchers, &c., belonging to the Account he Stated against the United.

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

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

Mr. Speaker & Gentlemen of the House of Commons:

You will with this receive the Resolve of your House directing the Clerk to deliver to General Skinner, or order, the Vouchers, &c., therein mentioned.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House in favor of Martin Armstrong, Concurred with.

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

Endorsed In the House of Commons 10th November, 1779, Concurred with.

-------------------- page 907 --------------------

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 allowing an additional Sum of Ten Dollars per Day to the Members of the Council of State.

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 allowing Ten Dollars per Day to the Councillors, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House in favour of Andrew Allison, Concurred with.

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

Endorsed In the House of Commons 10th November, 1779, Concurred with.

Received from the Commons the following Message:

Mr. Speaker & Gentlemen of the Senate:

It appears by the Reports of the Committee of Accounts that there is in the hands of the Chairman the sum of two thousand five Hundred & Eighteen pounds four Shillings, old proclamation money, which we propose burning, and desire that the Senate would send some of the Members of their House to see the same done.

Ordered that Mr. Hunt and Mr. Rhodes attend to see the proclamation money burned.

The Business of the Session being Ended,

Resolved, that the Speaker & Clerk sign the Journals as the acts of this House.

By order
Sitgreaves, Clerk.
A. Nash, S. S

-------------------- page 908 --------------------

The following is appended at the end of this Journal.—Ed.

Resolve allowing John Jarvis 56.16 for a Certificate heretofore granted & lost. Toole's first Journal, 12th November, 1779.

Resolve allowing Robert Lanier 37.0.6 for a Certificate heretofore granted and lost. Toole's first Journal, 12th November, 1779.

Resolve allowing William Amis 500 pounds to supply the Troops at Halifax. Toole's Second Journal, 9th December, 1777.

Resolve allowing Thomas Whitson an Annuity of 10 pounds, for three Years. Toole's Second Journal, 15th December, 1777.

Resolve allowing James Davis, Esqr., the Sum of 550 pounds for printing the Confederation Journals, &c., of last Session. Toole's 4th Journal, 22d December, 1777.

Resolve allowing the Commissioners appointed to run the dividing Line and hold a treaty with the Indians 1,000 pounds. Toole's 4th Journal, 23rd December, 1777.

Resolve allowing James Davis, Esquire, 75 pounds, for printing Blank Certificates. Sitgreaves' first Journal, 14th day of April, 1778, Newbern. Allowance made 25th April.

Resolve allowing John Christain 20 pounds. Sitgreaves' Journal, Newbern, 14th April, 1778. Allowance made 25th April.

Resolve allowing Nicholas Long 1,400 pounds for 4 Waggons & Teams, sent to Headquarters and detached on public acct. Sitgreaves' 2nd Journal, Newbern, 14th April, 1778. Allowance made 30th April.

Resolve allowing Archibald Best Eighty pounds for apprehending the Murderers of Nathaniel Richardson. Sitgreaves' first Journal, Hillsborough, 8th day August, 1778. Allowance made 11th day.

Resolve allowing James Williams, Esq., £400 for damage done his Houses in Halifax Town, by Continental Soldiers. Sitgreaves' first Journal, Hillsborough, August, 1778. Allowance made 15th of December.

Resolve allowing doctor Lancelot Johnston £150 to purchase Medicines for Troops. Sitgreaves' first Journal, Hillsborough, August, 1778. Allowance made 16th August.

Resolve allowing Martin Armstrong, contractor, £500. Sitgreaves' first Journal, 8th August, 1778. Allowance made 19th December.

-------------------- page 909 --------------------

Resolve allowing Sarah Dupree £80 for Negro Executed. Sitgreaves' first Journal, January, Halifax, 1779. Allowance made 27th.

Resolve allowing James Robertson £487.18.1¾ for his Services while Tending on Indian Affairs. Sitgreaves' first Journal, Halifax, January, 1779. Allowance made 29th.

Report of Committee allowing Commissary of Stores to draw on the Treasury for £15,000, to purchase Cloth for Officers. Sitgreaves' 2nd Journal, Halifax, January, 1779. Allowance made 5th February, 1779.

Resolve allowing Charles Waddel £12 for sundry Services. Sitgreaves' Second Journal, January & February, 1779. Allowance made 9th February.

Resolve allowing William Bryan, of Johnston County, £271.12.11, an equal Sum of his own being spent on public account. Sitgreayes' Second Journal, January & February, Halifax, 1779. Allowance made 9th February.

Resolve allowing William Wooten a further Sum of £5,000, to compleat his contracts on public accounts. Sitgreaves' 2nd Journal, January & February, 1779. Allowance made 9th February.

Resolve allowing Charles Pasteur £110 for Medicines furnished Sick Soldiers. Sitgreaves' 2nd Journal, Halifax, January & February, 1779. Allowance made 9th February.

Resolve allowing Charles Pasteur £162 for Medicines. Sitgreaves' 2nd Journal, Halifax, January & February, 1779. Allowance made 10th February.

Resolve allowing Dr. Wm. Savage £884.12 for, furnishing Chariol's Troops. Sitgreaves' 2nd Journal, January & February 1779. Allowance made 11th February.

Resolve allowing Whitmell Hill £252.5.2, he having advanced that Sum on public account. Sitgreaves' Journal, January & February, 1779. Allowance made 11th February.

Resolve allowing William Amis £4,000, to be applyed in his department. Sitgreaves' 2nd Journal, Halifax, January & February, 1779. Allowance made 11th February.

Resolve allowing Benjamin Duberry 370 Dollars, for his expences and Trouble in apprehending Deserters. Sitgreaves' first Journal, Halifax, 18th October, 1779. Allowance made 26th October.

-------------------- page 910 --------------------

Resolve allowing William Flewellin £476, for the use of his Waggon & Team a certain Time. Sitgreaves' first Journal, Halifax, October, 1779. Allowance made 27th October.

Resolve that John Graham be allowed £256, for acting as Quarter Master to Rutherford's Brigade. Sitgreaves' 2nd Journal, Halifax, October, 1779. Allowance made 9th November.

Resolve allowing Martin Armstrong £674.16, for provision furnished the public. Sitgreaves' Second Journal, Halifax, October & November, 1779. Allowance made 10th November.

Resolve allowing Andrew Allison £200, for his support. Sitgreaves', Halifax, October & November, 1779. Allowance made 10th November.

Resolve allowing William Skinner 5,000 pounds, for settling Public Accounts. Sitgreaves' Smithfield Journal, 3rd May, 1779. Allowance made 13th May.

Resolve impowering the Governor to draw on the Continental Treasury for 2 Millions five Hundred Thousand dollars. Sitgreaves' Smithfield Journal, 3rd May, 1779. Allowance made 15th May.

Resolve directing the Treasurers to pay into the Hands of John Haywood, Sec. Board of War, 50,000 pounds. John Haywood, first Journal, Halifax, January & February, 1781. Allowance made 2nd February.

Resolve allowing George Harper 20 Barrels of Corn, out of Specific Tax, Franklin County. John Haywood, Halifax, January & February, 1781. Allowance made 10th February.

Resolve allowing Thomas Hunter 11,950 pounds, for so much of his own spent on public Account. John Haywood, Halifax, January & February, 1781. Allowance made 11th February.

Resolve allowing Isaac Gregory £25,000, to defray necessary expences. John Haywood, Halifax, February, 1781. Allowance made 13th February.

Resolve allowing Isaac Shelby Eight Thousand five Hundred and thirty-Seven dollars, for an equal Sum spent in the Service. John Haywood, Halifax, January & February, 1781. Allowance made 14th February.

Resolve allowing Gen. Harrington 36,587 dollars, for sundry Sums by him spent on public account, amongst which was 920 Continental dollars.

-------------------- page 911 --------------------

Resolve allowing James Iredell 20,000 pounds, for his last year's Services, to be paid by the Treasurer of Edenton District. John Haywood, Wake Session, 23rd June, 1781. Allowance made 28th June.

Resolve allowing Robert Bignall, Esqr., £14,744 for Counsel attendance.

Resolve allowing John Spicer, Esquire, Nine thousand and Eighty-two pounds, for his Services on the Council. John Haywood, Wake, 23rd June, 1781. Allowance made 13th July, 1781.

Report of Committee allowing Joshua Gordon 25 Barrels of Corn. John Haywood, Wake, 23rd June, 1781. Allowance made 14th July.

Resolve allowing W. Vass 25,000 pounds, for Service. John Haywood, Wake, enclusive 1800 dollars, (720 pounds) which he is also allowed.

Resolve allowing Joel Lane 15,000 pounds, as a compensation for House Rent, Pasturage, &c. John Haywood, Wake, 23rd June. Allowance made 14th July, 1781.

Resolve allowing James Glasgow £201.9.0 Specie, the Ballance of his Account as per Report of the Committee, to whom the same was referred, either of the Treasurers to pay him. John Haywood, Hillsborough, 15th April, 1781. Allowance made 5th May.

Resolve allowing Daniel Shaw 30 Barrels of Corn, to support on. John Haywood, Hillsborough, April & May, 1782. Allowance made Sixth of May.

Resolve allowing Frances Newby 30 Barrels of Corn, to be paid him out of the Specific Tax. John Haywood, Hillsborough, May, 1782. Allowance made 8th May, 1782.

Resolve allowing John Spiers 30 Barrels of Corn, out of the Specific Tax, of Cumberland. John Haywood, Hillsborough, May, 1781. Allowance made 10th May.

Resolve allowing Lewis Tucker 20 Barrels of Corn, out of Randolph. John Haywood, Hillsborough, day above.

Resolve allowing Elizabeth Forbes 25 Barrels of Corn, out of the Specific Tax, of Guilford County. John Haywood, Hillsborough, April & May Session, 1782. Allowance made 11th May. She is also allowed the like Quantity for the Year EightyThree.

Resolve allowing William Sharpe £248.9 Specie, for his Congress Service.

-------------------- page 912 --------------------

Resolve allowing Abner Nash £593.3.4, the Balance due for his Salary, &c. John Haywood, Hillsborough, April & May, 1782. Allowance made 14th May.

Resolve allowing James Coor £114.9, Specie, for his own and Son's attendance on Accounts.

Resolve allowing John Hawks 46 pounds, Specie, for Services as Auditor for a certain time.

Resolve allowing Mr. Bryan 20 pounds, Specie, for his attendance as an Auditor, that the Treasurers, or either of them pay the above Sums. John Haywood, Hillsborough, April & May, 1782. Allowances made 15th May.

Resolve allowing John Huske, Sec. to Gov. Burke, 130 pounds, Specie, for his many great and important Services rendered, when acting in that Office. John Haywood, Hillsborough, April & May, 1782. Allowance made 15th May.