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Colonial and State Records of North Carolina
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Minutes of the North Carolina House of Commons
North Carolina. General Assembly
October 18, 1779 - November 10, 1779
Volume 13, Pages 913-1000

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HOUSE JOURNAL.


State of North Carolina,

In the House of Commons.

At the General Assembly, begun and held at Halifax on the Eighteenth Day of October, in the year of our Lord one Thousand Seven Hundred and Seventy-Nine, and in the fourth Year of the Independence of the said State, Being the Second Session of this Assembly.

The Honorable Thomas Benbury, Esqr., Speaker, and the following Members appeared and took their Seats, viz.:

Messrs. Robert Smith, Robert Peebles, Willie Jones, Henry Montfort, Joseph Hawkins, John Macon, William Haywood, Robert Tripp, John Kennady, James Gorham, John Williams (Pitt), Frederick Harget, Hardy Bryan, John Blackstock, Willis Bright, Edward Starkey, John A. Campbell, William Boyd, Phil. Hawkins, Benjamin Spruill, Joshua Swain, James Campbell, Miles Abernathy, John Hinton, Benjamin Williams, Richard Clinton, Lewis Bryan, Thomas Reading, Charles Medlock, William McCrawley, Mark Patterson, Daniel Gillespie, John Kimbrough, Thomas Person, Timothy Bloodworth, Thomas Tullock, Samuel Cain, Thomas Brown, Samuel Williams, William Horn, James Vaughan, William Hooper, Gray Bynum and Thomas Sherrod.

The Sheriff of Franklin County Certified that John Norwood, Esqr., was duly Elected a Member of the Commons House of Assembly, for the said County, in the room and stead of Green Hill, Esqr., whose seat was vacated by his acceptance of the appointment of Treasurer of the District of Halifax, whereupon the said John Norwood, Esqr., appeared, was qualified and took his Seat.

The Sheriff of Randolph County Certified that John Arnold, Esq., was Duly Elected a member of the Commons House of Assembly, for said County, in the room and stead of Absolom Tatum, Esqr., Whose Seat was vacated by his being Clerk of the Court of said County at the time of his being Elected a member thereof, Whereupon the said John Arnold, Esqr., appeared, was qualified and took his Seat.

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Mr. Elisha Isaacks, one of the Members for Wilkes County; Mr. Jesse Walton & Mr. Henry Clarke, the Members for Washington County; Mr. Jacob Shepperd, one of the Members for Randolph County; Mr. Moses Winslow, one of the Members for Rowan County; Mr. William Baker, one of the Members for Gates County; Mr. John Humphreys, one of the Members for Currituck County; Mr. Caleb Grandy, one of the Members for Camden County, and Mr. Augustin Willis, one of the Members for Halifax County, appeared, were qualified and took their Seats.

The Sheriff of Craven County Certified that Mr. Richard Dobbs Spaight was duly Elected a Member of the Commons House of Assembly, for the Town of New Bern, in the room and stead of Richard Cogdell, Esqr., whose seat was vacated by his acceptance of the appointment of Treasurer for the District of New Bern, Whereupon the said Mr. Spaight appeared, was qualified and took his Seat.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

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

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

This House have also met and are ready to proceed on Public business, and propose the address herewith sent you be presented to His Excellency the Governor.

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

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

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

Sir:

The two Houses of the General Assembly being now formed acquaint your Excellency that they are ready to take under consideration such matters as are necessary to be laid before them which you may have received since the rising of the last Assembly.

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Ordered that the above address to His Excellency the Governor be sent to the Senate for their Concurrence, together with 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.

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

The House met according to Adjournment.

Received from the Senate the following Message:

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. Hunt, on the part of this House, to wait on His Excellency with the same.

Ordered that Mr. Hawkins be appointed, on the part of this House, to wait on His Excellency the Governor with the above mentioned address, in Conjunction with Mr. Hunt.

Resolved, that Mr. McCrawley, Mr. Horn, Mr. Medlock, Mr. Jones, Mr. Jas. Campbell, Mr. Isaacs, Mr. Haywood, Mr. Person, Mr. Starkey, Mr. R. Abernathy, Mr. Norwood, Mr. Willis, Mr. J. Campbell, Mr. Peebles and Mr. Patterson, be a Committee of Priviledges and Elections.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

This House have, on their part, appointed Messrs. Coor, Hunt and Ramsey, a Committee of Public Accounts; and Messrs. Rutherford, Hogan, Rhodes, Shepperd, Cleveland, Frazier, Seawell and Owen, a Committee of Public Claims.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

This House have received the Message of yours appointing Committees of Accounts and Claims, and have, on their part,

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appointed Mr. Phil. Hawkins, Mr. Smith, Mr. Gorham, Mr. Starkey, Mr. Bloodworth and Mr. Blackstock, as a Committee of Accounts; and Mr. J. Campbell, Mr. Brown, Mr. Tullock, Mr. Hinton, Mr. Harget, Mr. Bryan, Mr. Boyd, Mr. Spruill, Mr. Macon, Mr. Joseph Hawkins, Mr. Winslow and Mr. Medlock, as a Committee of Claims, to act jointly with the Gentlemen by you appointed for the purposes aforesaid.

Received from His Excellency the Governor the following Message:

To the Honorable the General Assembly:

Gentlemen:—

Herewith you will receive sundry Resolutions of Congress, Letters from the President, and the Delegates of this State, with sundry other Public Letters and Papers, which I lay before you for your information and consideration.

You will also receive sundry Copies of the Journals of Congress, two Hundred proof sheets of the Continental Currency emitted in September, 1778; A Copy of the Laws passed in the State of New York in the years 1778 and 1779, a Copy of the Journal and proceedings of the Council of State since the last Session.

The several matters recommended to me by the Council have been carried into effect, so far as the same were practicable.

You will be pleased to observe that the appointment of Public Officers, by me made, in consequence of the advice of the Council since the last Session of the General Assembly, will end with the present Session; of course you will either continue those Officers, or supply their places by such appointments as you shall think proper. You will also observe among the papers laid before you, is a Letter from William Johnston, Esqr., declining to accept the office of Treasurer of the District of Hillsborough, that Letter came to hand so lately that I thought it most proper to defer the appointment till the meeting of the General Assembly.

In pursuance of a Resolution of the last Session I drew on Congress for Two Million and Five hundred Thousand Dollars, but have only received one Million of Dollars, part of which is Lodged in the Treasury & the remainder will be paid to the Treasurers on their arrival in Town. The motives which induced

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Congress to make only a partial payment you will find mentioned in the Delegates' letter of the fifteenth of July.

Mr. Sampson and Mr. Respass having declined Qualifying as Members of the Council of State, has rendered the attendance of the Gentlemen who have taken their Seats at that Board more burthensome, You will therefore be pleased to appoint two Gentlemen, in the room of Mr. Sampson and Mr. Respass, as soon as it may be convenient.

At the same time received the several Resolutions of Congress, Letters, &c., &c., referred to in the above Message.

Ordered that the same lie over until To-morrow Morning 9 o'Clock.


Tuesday, 19th October, 1779.

The House met according to Adjournment.

The Honorable the Speaker laid before the House a Letter from James Green, jun., Esq., Treasurer of the Continental Loan Office, of the 7th Inst., &c.

Also a Resolution of the General Assembly of the State of Virginia, and the same, being read, were ordered to lie on the Table for Consideration.

Read the Memorial of James Davis, Esqr., Public printer of this State.

Ordered that the same lie on the Table until To-morrow, for Consideration.

Mr. James Gillespie, one of the Members for Duplin County, and Stephen Miller, one of the Members for Anson County, appeared and took their seats.

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

In the Senate, 19th October, 1779, read the first time and passed.

The several Letters, papers, &c., referred to in His Excellency the Governor's Message, of yesterday, addressed to the General Assembly, being laid over until to-day, the House proceeded to read, take under consideration the same, upon which

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Resolved, that the same be sent to the Senate, with 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.

Mr. John Johnston, one of the Members for Bertie County, appeared, was qualified and took his Seat.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send 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.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

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

Resolved, that William Babb and James Mosely, of Franklin County, be exempted from the payment of Poll Taxes; they being recommended by the Court of the said County as persons incapable of paying Taxes.

Ordered that the above Resolve be sent to the Senate for their Concurrence, with 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 Moseley from the payment of Poll Taxes.

The Bill for annexing part of Burke County to Lincoln, and other purposes, was read the first time, passed and send to the Senate.

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

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The House met according to Adjournment.

Mr. William Wynns, one of the Members for Hertford County; Mr. David Wilson, and Mr. Caleb Phifer, the Members for Mecklenburg County, appeared and took their seats.

Received from the Senate the following Message:

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 Espey, of Lincoln County.

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

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

Read the Petition of Mr. William Blount, of New Bern, Complaining of an undue Election for a Member of the said Town, in stead of Richard Cogdell, Esqr., whose seat was vacated by his acceptance of the appointment of Treasurer for the District of New Bern.

Ordered that the same be referred to the Committee of priviledges and Election.

Resolved, that a writ of Election issue to the County of Edgecombe, for Election of one member of this House, in the room and stead of Etheldred Exum, Esqr., Deceased. That the said Election be held on the fifteenth & sixteenth Days of November next.

Resolved, that John May, of Orange County; John Murphey, John Fugil and Robert Jones, of Wilkes County, be exempted from the payment of Poll Taxes, they being recommended by the respective Courts of the said Counties as proper persons to be exempted from the payment of Taxes.

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

Mr. Speaker & Gentlemen of the Senate:

We herewith send, for your Concurrence, a Resolve of this

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House, for exempting certain persons therein mentioned, from the payment of Poll Taxes.

Read the remonstrance of General William Skinner, in behalf of the Quakers, Moravians, Dunkers and Mennonists.

Ordered that the same be referred to a joint Committee.

That Mr. Person and Mr. Smith be a Committee, on the part of this House, for the purpose aforesaid.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

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

Resolved, that a Committee be appointed to take under consideration the Departments of the Commissaries, Clothier General and Quarter Master, &c.

That Mr. Hooper, Mr. Jones, Mr. Person, Mr. Bloodworth, Mr. Horn and Mr. Smith, be a Committee for that purpose.

Received from the Senate the following Messages:

Mr. Speaker & Gentlemen of the House of Commons:

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

Mr. Speaker & Gentlemen of the House of Commons:

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

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

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send, for your Concurrence, a Resolve of this House Citing Archibald Gillespie to appear at the next Session of Assembly.

Ordered that the following Message be sent to the Senate:

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Mr. Speaker & Gentlemen of the Senate:

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

Received from the Senate the following Message:

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 and Martin.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

We have received the Message of your House proposing to refer the Petition of Abner Nash, Esq., to a joint Committee, to which we agree, and have, for that purpose, on our part, appointed Mr. Starkey, Mr. McCrawley, Mr. Phifer, Mr. Montfort, Mr. Hawkins and Mr. Smith, a Committee, to act with the Gentlemen by you appointed.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

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

Resolved, that the Regiment Raised agreeable to a Resolution of the General Assembly, passed at Halifax in January last, be disbanded from the service of this State.

Ordered that the above Resolve be sent to the Senate, with 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.

Resolved, that Mr. Jones, Mr. Bloodworth, Mr. Person, Mr. Johnston and Mr. Starkey, be a Committee, to Act in Conjunction with such members of the Senate as may be appointed, to prepare

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and bring in such Bills of a General and Public nature as are necessary to be passed into Laws this Session, and that no Bills be brought in after Monday next.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Mr. Jones, Mr. Bloodworth, Mr. Person, Mr. Johnston and Mr. Starkey, a Committee, on their part, to act jointly with such Gentlemen of the Senate as may be appointed, to prepare and bring in such Bills of a General and public nature as are necessary to be passed into Laws this Session, and have Resolved that no bills be brought in after Monday next, and desire your Concurrence.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

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

Resolved, that John Penn, Thomas Burke and Whitmell Hill, Esquires, be requested to attend the Assembly on Friday next, to give information with respect to Matters which have come under the deliberation of Congress since January last, so far as they may interest this State, may be made public without prejudice to the Continent at large, and may consist with the Injunctions of secrecy which Congress may have imposed on the Delegates of the Respective States.

Ordered that the above Resolve be sent to the Senate, for their Concurrence, with 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 Monday next.

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

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Wednesday, 20th October, 1779.

The House met according to Adjournment.

The Sheriff of Dobbs County certified that William Caswell and Abraham Shepperd, Esqrs., were duly Elected as Members of the Commons House of Assembly, in the room & stead of Thomas Gray and Jesse Cobb, Esqrs., whose seats were vacated the last Session of this General Assembly.

Whereupon Abraham Shepperd, Esqr., appeared, was qualified and took his seat.

Mr. John Lutrell, one of the Members for Chatham County, and Mr. Thomas Younghusband, one of the Members for Currituck County, appeared and took their seats.

The House resumed the Consideration of the Letter from James Green, jun., Esqr., Treasurer of the Continental loan office, of the 7th Inst.; The Resolution of the General Assembly of the State of Virginia, and the Memorial of James Davis, Esquire, the public printer of this State; Whereupon,

Resolved, that they be referred to a joint Committee.

That Mr. Bloodworth, Mr. Person, Mr. Jones, Mr. Smith and Mr. Starkey, be a Committee, on the part of this House, for that purpose.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you a Letter from James Green, jun., Esqr.; 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, on our part, appointed Mr. Bloodworth, Mr. Person, Mr. Jones, Mr. Smith and Mr. Starkey, a Committee.

Resolved, that Richard Hays, of Bertie County, be exempted from the payment of Poll Taxes, he having been represented as a proper person to be exempted.

Ordered that the above Resolve be sent to the Senate, for their Concurrence, with 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.

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Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

Herewith you will receive the Resolve of your House for disbanding the State Regiment, Concurred with.

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

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Mr. Jones, Mr. Person, Mr. Smith, Mr. Starkey, Mr. Hawkins and Mr. Johnston, as 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.

This House have received information that the North Carolina Brigade of Continental Troops is on their March to the Southward.

Resolved, that the Speaker of the Senate and Commons write a Letter to the Continental Congress requesting that the March of that Brigade be countermanded, as the necessity which induced this State to ask their return no longer subsists, and that they also write to the Commanding Officer of the Brigade requesting him to halt his Men until the result of such application to the Congress be known, and that the express be directed to call upon the Commanding officer of the Brigade on his way to Congress.

Mr. Haywood objected against the House entering into the above Resolve, urging that it was more than probable they might be under the necessity of Drafting some of the Militia of this State to March to the Southward, which might be prevented, was not the March of the said Brigade Countermand. The question

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was put, and carried in the affirmative, 38 to 19. Then, on motion of Mr. Haywood, Ordered that the Yeas and Nays be taken down on the said Question, which are as follows:

Yeas:
Messrs. R. Smith.
Montfort.
Trip.
Kennady.
Gorham.
J. Williams.
H. Bryan.
Blackstock.
Bright.
J. Campbell.
Boyd.
Spruill.
Swain.
J. Campbell.
M. Abernathy.
Hinton.
B. Williams.
L. Bryan.
Medlock.
McCrawley.
Kimbrough.
Bloodworth.
S. Williams.
Horn.
Hooper.
Norwood.
Isaacs.
Clarke.
Baker.
Humphreys.
Grandy.
Willis.
J. Gillespie.
S. Miller.
J. Johnston.
Wynns.
Shepperd.
Luttrell.—38.

Nays:
Messrs. Peebles.
J. Hawkins.
Macon.
Haywood.
Starkey.
P. Hawkins.
Clinton.
D. Gillespie.
Person.
Tullock.
Cain.
Brown.
J. Vaughan.
Bynum.
Sherrod.
Arnold.
Shepperd.
Phifer.
Wilson.—19.

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

Mr. Speaker & Gentlemen of the Senate:

We herewith send, for your Concurrence, a Resolve of this House, requesting the Speakers of the Senate & Commons to write to the Continental Congress, requesting that the North Carolina Brigade, now on its March to the Southward, be countermanded, & c.

Received from the Senate the following Message:

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, and the Letter from James Green, jun., Esqr, be referred to a joint Committee, to which we agree, and have, for that purpose, appointed Messrs. Nash and Charlton a Committee.

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.

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Resolve of your House requesting John Penn, Thomas Burke and Whitmell Hill, Esqrs., to attend on Friday next, Concurred with by this House.

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

Received from the Senate the Bill to indemnify certain persons therein named, for putting to Death William Coyl and Lemuel Jones, and for beating James Harwell.

In the Senate, 20th October, 1779, read the first time and passed.

Ordered that the said Bill be read, the same was read the first time and passed.

Mr. Hawkins presented a Petition from a number of the Inhabitants of Tyrrell County, praying a Division thereof.

Mr. Hawkins moved for leave and presented a Bill agreeable to

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the prayer of the said Petition, which he read in his place and Delivered in at the Table, where it was again read, passed and sent to the Senate.

Mr. Macon moved for leave and presented a Bill to lay off and establish a Town in Warren County, and other purposes, which he read in his place, and Delivered in at the Table, where it was again read, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

The Resolve of your House requesting the Honbl. the Speakers of the Assembly to write to Congress relative to the No. Carolina Brigade, now Marching to the Southward, you will herewith receive, concurred with.

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

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

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

Ordered that the following Message be sent to the Senate:

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.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send, for your Concurrence, a Resolve of this House exempting certain persons therein mentioned from paying Poll Taxes.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House exempting certain

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persons therein mentioned from paying Poll Taxes, concurred with.

Mr. Harget Presented a Petition from a number of the Inhabitants of Carteret County, praying that a part thereof be added to the County of Jones.

Mr. Harget moved for leave and presented a Bill agreeable to the prayer of the said Petition, which he read in his place, and delivered in at the Table, where it was again read, passed and send to the Senate.

Mr. Norwood moved for leave and presented a Bill to lay off and establish a Town in Franklin County, and for other purposes, which he read in his place, and delivered in at the Table, where it was again read, passed and sent to the Senate.

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


Thursday, 21st October, 1779.

The House met according to Adjournment.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Mr. Hooper, Mr. Jones, Mr. Person, Mr. Bloodworth, and Mr. Smith, a Committee, to act jointly with such Gentlemen of the Senate as may be appointed, to take under consideration the Departments of the Commissaries, Clothier General and Quarter Master.

Resolved, that Mr. John Luttrell be added to the Committee appointed to examine and receive the Accounts of General Skinner, &c.

Mr. Haywood, from the Committee of Privileges and Elections, Reported as follows:

Your Committee, to whom was referred the Petition of Mr. William Blount, beg leave to report: That upon examination of Depositions, produced by said Blount & Mr. Richard Spaight, they find that an election was held at New Bern on the 25th and 26th days of June, last, for Electing a Member to represent the

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said Town of New Bern in General Assembly, that the Poll was opened about 10 o'Clock in the forenoon, that the Tickets were received and put into a Tin Cannister without a Top, and that the said Cannister at neither of the adjournments was sealed. That a certain David Thompson, a Soldier in the State Regiment, and a certain Richard O'Dowdy, offered their Tickets, which were refused by the Sheriff; the Ticket of the former, because he was a Soldier, and that of the latter, because he had removed from New Bern to avoid the Small Pox.

Your Committee further beg leave to report that it appears, by the Confession of the said Blount & Spaight, that many persons voted who had no right to do so.

Upon the whole, your Committee are of opinion that the Election was illegal and ought to be set aside.

All which is Humbly submitted.

W. Haywood, Chairman.

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

Read the Petition of Richard Franklin, praying, &c.

Ordered that the same be referred to a joint Committee.

That Mr. Bloodworth, Mr. Kennady, Mr. Gorham and Mr. Hawkins, be a Committee, on the part of this House, for the purpose aforesaid.

Ordered that the following Message be sent to the Senate:

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. Kennady, Mr. Hawkins and Mr. Gorham, a Committee.

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

In the Senate 20th October, 1779.

Ordered that the said Bill be read the second time.

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

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

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In the Senate 20th October, 1779, read the first time and passed.

Ordered the said Bill be read the second time.

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

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

This House have appointed Messrs. Coor, Martin, Nash and 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 a Bill 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 and the Money arising therefrom paid into the Treasury of this State.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

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

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

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

Ordered that the following Message be sent to the Senate:

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.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

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

-------------------- page 931 --------------------

Received from the Senate the Bill to amend an act for appointing Sheriffs and directing their duty in office, and for obliging the late Sheriffs & Collectors of Public Monies, who are in arrears, to account for and pay the same, and other purposes.

In the Senate 21st October, 1779, Read the first time and passed.

Ordered that the said Bill be read the first time.

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

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

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 rescind in part.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & 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.

Resolved, that the House will proceed to read, on Monday next, for the second time the Bill to indemnify certain persons therein named for putting to Death William Coyle & Lemuel Jones, and for beating James Harwell.

Resolved, that Mr. William Bennett be and he is hereby authorized & impowered to sell, at public vendue, for Ready Money, first giving Ten Days public notice, the Tender belonging to the General Washington Galley, together with her Tackle, apparel & furniture, and that he account with the Treasurer of the District of Edenton for the Monies arising from the sale thereof.

Ordered that the above Resolve be sent to the Senate, for their Concurrence, with 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, &c.

Resolved, that Thomas Hampton, of Surry County, and William

-------------------- page 932 --------------------
Brown, of Wake County, be exempted from the payment of Poll Taxes, they being represented to this Assembly as persons incapable.

Ordered that the above Resolve be sent to the Senate, for their Concurrence, with 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.

Received from the Senate the following Message:

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 Messrs. Coor and Irwin.

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


Friday, 22d October, 1779.

The House met according to Adjournment.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

Herewith you will receive the Resolve of your House in favour of Thomas Hampton, of Surry County, and William Brown, of Wake County, Concurred with.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

The Resolve of your House, impowering Mr. William Bennett to expose to Sale the Tender belonging to the General Washington Galley, you will herewith receive, Concurred with.

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

Read the Petition of Alexander Dickson, of Duplin County, praying a Divorce from Elisabeth his wife.

-------------------- page 933 --------------------

Mr. Bloodworth moved for leave and presented a Bill agreeable to the prayer of the said Petition, which he read in his place, and Delivered in at the Table where it was read again, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

This House propose, if agreeable to the House of Commons, that the Resolution of the General Assembly of the 19th October, Instant, requesting the Honbl. the Speaker to write to Congress to Countermand the March of the North Carolina Brigade, be rescinded.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

This House concur with the Senate in rescinding the Resolution of the General Assembly of the 19th Instant requesting the Honbl. the Speakers of the Assembly to write to Congress requesting them to Countermand the March of the North Carolina Brigade, &c.

Resolved, that General Jones be requested to extend the paroll of John Lane, a prisoner in Halifax, to Wake County.

Ordered that the above Resolve be sent to the Senate, for their Concurrence, with 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 Paroll of John Lane, &c.

Mr. Walton moved for leave and presented a Bill to Establish and lay out a Town in Washington County, which he read in his place, and delivered in at the Table, where it was again read, passed and sent to the Senate.

Resolved, that Green Hill, Esqr., advance to William Blount, Esqr., paymaster, the sum of fifteen Thousand Pounds, in order to enable him to pay off the Militia of Halifax District, the said Blount to be accountable for the same.

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

-------------------- page 934 --------------------

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, Esqr., for the purpose therein mentioned.

Mr. Shepperd moved for leave and presented a Bill to amend an Act entitled an Act for dividing Guilford County into two distinct Counties, &c., which he read in his place, and delivered in at the Table, where it was again read, passed and sent to the Senate.

Mr. Kimbrough moved for leave and presented 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 he read in his place, and delivered in at the Table, where it was again read, passed and sent to the Senate.

Mr. Bloodworth moved for leave and presented a Bill to explain and regulate the recommendation of Justices of the peace in this State, which he read in his place, and Delivered in at the Table, where it was again read, passed and sent to the Senate.

The Bill to amend an Act for appointing Sheriffs and directing their Duty in office, and for obliging the late Sheriffs & Collectors of Public Monies, who are in arrears, to account for & pay the same, and other purposes, was read the second time, amended, passed and sent to the Senate.

Received from the Senate the following Message;

Mr. Speaker & Gentlemen of the House of Commons:

The Resolve of your House, requesting General Jones to extend the paroll of John Lane, we herewith return, concurred with by this House.

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

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

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 and pass them before the end of the Session,

-------------------- page 935 --------------------
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 and Mr. Irwin, on the part of this House.

Ordered that the following Message be sent to the Senate:

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. 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, to act with the Gentlemen mentioned in your Message proposing the division.

Resolved, that John Grear, of Wilkes County, have leave to resign his office of Justice of the peace.

Ordered that the above Resolve be sent to the Senate, for their concurrence, with 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.

Read the Petition of Thomas Turner, praying, &c.

Ordered that the same be referred to a Committee.

That Mr. Macon, Mr. Person, Mr. Phifer, Mr. Brown, and Mr. P. Hawkins, be a Committee, for that purpose.

Read the Petition of Thomas Drummond, Luke Young, John Crain and Nathanial Perry, prisoners of War, praying to be permitted to take the Oath of Allegiance to this State and become Citizens thereof.

Ordered that the same be Rejected.

Ordered that Mr. Campbell be excused from attending the Committee of Claims, as a Member thereof, and Mr. Clinton added in his room.

Ordered that Mr. Horn, Mr. Jas. Hunter, Mr. Jacob Hunter and Mr. Phifer, be added to the Committee of Claims.

Read the Petition of a number of the Inhabitants on Tarr River, praying to have the same kept open.

-------------------- page 936 --------------------

Mr. Sherrod moved for leave to bring in a Bill agreeable to the prayer of the said Petition.

Ordered that he have leave accordingly.

Read the Petition of a number of the Inhabitants of Randolph County, settled on the River Uharie, praying to have the said River kept open, &c.

Mr. Arnold moved for leave to bring in a Bill agreeable to the prayer of the said Petition.

Ordered that he have leave accordingly.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

Herewith you will receive a 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 Senate:

Mr. Speaker & Gentlemen of the Senate:

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

Received from the Senate the following Message:

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.

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

Resolved, that Mr. Thomas Reading have leave to absent himself from the service of the House.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

Col. Jarvies, of Currituck County, having represented to this House the Danger of the Invasion of the Enemy on the Inhabitants of the said County, has induced this House to enter into the order herewith sent you, for your Concurrence.

Ordered the following Message be sent to the Senate:

-------------------- page 937 --------------------

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House impowering the Commissaries of Stores of Edenton District, or any other Commissary, to furnish Colo. Jarvies, of Currituck County, with Arms, Ammunition, &c., for the Defence of that County, Concurred with.

The Resolve of the House requesting the Delegates to attend thereon, this Day, being read, on the request of the Delegates, their attendance was postponed til To-morrow.

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


Saturday, 23rd October, 1779.

The House met according to Adjournment.

Mr. Hawkins moved for leave and presented a Bill to amend an Act Entitled an act for the Regulation of the Town of Hillsborough, in the County of Orange, which he read in his place, and delivered in at the Table, where it was again read, passed and sent to the Senate.

Read the Petition of Thomas Warff, of Edenton, praying to be permitted to take the Oath of Allegiance to this State & become a Citizen thereof.

Resolved, that the prayer of the said Petition be granted.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

We herewith send, for your Concurrence, a Resolve of this House permitting Thomas Warff, of Edenton, to take the Oath of Allegiance to this State and become a Citizen thereof, agreeable to the prayer of his Petition.

Mr. Arnold, according to order, presented a Bill to prevent the stopping the Fish in the Uharie River, which he read in his place, and Delivered in at the Table, where it was again read, passed and sent to the Senate.

Read the Petition of Adam Tate, praying to be admitted a Citizen of the State.

-------------------- page 938 --------------------

Resolved, that the same be referred to the joint Committee appointed to take under consideration the Petition of Abner Nash, Esqr.

Ordered that the following Message be sent to the Senate:

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, Esqr.

Mr. Miller presented a Petition from a number of the Inhabitants of Anson County, praying a Division thereof.

Mr. Miller moved for leave and presented a Bill agreeable to the prayer of the said Petition, which he read in his place, and delivered in at the Table, where it was again read, passed and sent to the Senate.

Mr. Horn moved for leave and presented 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 he read in his place, and delivered in at the Table, where it was again read, passed and sent to the Senate.

Mr. Person moved for leave and presented a Bill to amend an Act entitled an Act to regulate and establish a Militia in this State, which he read in his place, and delivered in at the Table, where it was again read, passed and sent to the Senate.

Mr. Person moved for leave and presented a Bill for establishing the Salaries of the Judges of the Superior Courts, Attorney General, and for other purposes, which he read in his place, and Delivered in at the Table, where it was again read, passed and sent to the Senate.

Mr. Clinton presented a Petition from a number of the Inhabitants of Duplin County, praying a division thereof.

Mr. Clinton moved for leave and presented a Bill agreeable to the prayer of the said Petition, which he read in his place, and delivered in at the Table, where it was again read, passed and sent to the Senate.

Mr. Hancock, one of the Members for Hyde county, and Mr. Peter Farrow, one of the Members for Caswell County, appeared and took their Seats.

-------------------- page 939 --------------------

Received from the Senate the following Message:

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, Concurred with.

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

Resolved, that all Waggons and carts in the Continental service shall be under the same pay and Regulation, from the 15 Day of May last, as those in the Militia service, and that Nicholas Long, Esqr., Deputy Quarter Master General, be and he is hereby directed to pay the same.

Resolved, that he be directed to pay all expences incurred by Waggons, Carts, Horses, &c., in the Continental service, passing through the State.

Ordered that the above Resolve be sent to the Senate, with 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 Militia service; for directing Colo. Long, Deputy Quarter Master General, to pay the same.

Resolved, that Michal Woods have leave to resign the office of a justice of the Peace for Wilkes County.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

We herewith send, for your Concurrence, a Resolve of this House permitting Michal Woods to resign the office of justice of the peace.

The Bill to invest the property of a Bridge, lately built by Samuel Ruffin, Deceased, over great Contentney Creek, in Etheldred Ruffin, his Heirs or assigns, for——years, was read the first time, passed and sent to the Senate.

Mr. Bloodworth presented a Petition from a number of the Inhabitants of New Hanover, Bladen and Duplin Counties, praying to have a new County erected by taking part of each of the said Counties, which was rejected.

-------------------- page 940 --------------------

The Bill for establishing a Court of Chancery within the State of North Carolina, and to regulate the Manner of proceeding therein, was read the first time, passed and sent to the Senate.

Resolved, that Mr. William Baker have leave to absent himself from the service of this House.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

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

Received from the Senate the following Message:

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.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

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

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

This House have appointed Messrs. Coor, Nash, Martin, Davis & 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 this War, and to lay the same before the next Assembly.

Resolved, that Mr. Bloodworth, Mr. Starkey, Mr. Jones, Mr. Horn and Mr. Person, be a Committee, on the part of this House, for the purpose aforesaid.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Mr. Bloodworth, Mr. Starkey, Mr.

-------------------- page 941 --------------------
Jones, Mr. Horn and 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 intrusted with Public Monies, &c.

Mr. Johnston moved for leave and presented a Bill for Erecting a Town, on the Lands of Thomas Hunter, at Squhawkey, in Martin County, which he read in his place, and delivered in at the Table, where it was again read, passed and sent to the Senate.

The Bill to amend an Act entitled an Act for dividing Guilford County into two distinct Counties, &c., was read the second time, passed and sent to the Senate.

The Bill to Establish and lay out a Town in Washington County, was read the second time, passed and sent to the Senate.

Received from the Senate the following Message:

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, Esqr.

The House Adjourned till Monday Morning 9 O'Clock.


Monday, 25th October, 1779.

The House met according to Adjournment.

Mr. Matthew Locke, one of the Members for Rowan County, appeared, was qualified and took his Seat.

Resolved, that Mr. Person, Mr. Starkey, Mr. Locke and Mr. Hooper, be a Committee, on the part of this House, to act jointly with such Gentlemen of the Senate as may be appointed, to confer with the Delegates on an adequate Salary, &c.

Ordered that the following Message be sent to the Senate:

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.

-------------------- page 942 --------------------

Mr. Hooper moved for leave and presented 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 he read in his place, and delivered in at the Table, where it was again read, passed and sent to the Senate.

Resolved, that Nicholas Long, Esqr., Deputy Quarter Master General, be requested to advance to John Matthews an express to South Carolina, three Hundred Dollars, and to notify the same to His Excellency the Governor of this State, to prevent a further sum's being advanced him, unless it may appear absolutely necessary.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

We herewith send, for your Concurrence, a Resolve of this House requesting Nicholas Long, Esqr., to advance a certain sum of Money to John Matthews, an express to South Carolina.

Mr. Campbell moved for leave and presented a Bill to prevent Hunting in the woods in the night time with Gun & firelight, and other purposes therein mentioned, which he read in his place, and delivered in at the Table, where it was again read, passed and sent to the Senate.

Mr. Starkey moved for leave and presented a Bill for Erecting part of Carteret & Onslow Counties into a new County by the name of——, and for other purposes, which he read in his place, and delivered in at the Table, where it was again read, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Resolve of your House permitting Michael Woods to resign the office of a justice of the Peace, Concurred with.

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

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send, for your Concurrence, a Resolve of this

-------------------- page 943 --------------------
House requesting the Speakers 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.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

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

Mr. Jones moved for leave and presented a Bill for furnishing persons concerned in any of the several species of Counterfeiting in this State, which he read in his place, and Delivered in at the Table, where it was read, again read, passed and sent to the Senate.

Mr. Jones moved for leave and presented a Bill for Establishing Fairs, at Halifax Town & Edenton, which he read in his place, and Delivered in at the Table, where it was read again, passed and sent to the Senate.

Mr. Person moved for leave and presented a Bill for the more effectually preventing Engrossers and forestalling, for the encouragement of Commerce and the fair Traders, and for other purposes therein mentioned, which he read in his place, and delivered in at the Table, where it was again read, passed and sent to the Senate.

Read the Petition of John Kirkwood, praying, &c.

Resolved, that the same be referred to a Committee. That Mr. Brown, Mr. Bloodworth and Mr. Person, be a Committee for that purpose.

Mr. Hooper presented a Petition from the Executors of the last will & Testament of Richard Quince, late of New Hanover County, Esqr., Deceased, praying that an act of Assembly be passed impowering them, the said Executors, to sell the real and personal Estate of the said Deceased for the Benefit of Jean & Ann, the Legatees.

Mr. Hooper presented a Bill agreeable to the prayer of the said Petition, which he read in his place, and delivered in at the Table, where it was again read, passed and sent to the Senate.

Mr. Johnston moved for leave & presented a Bill for Docking the Intails of a certain Tract of Land therein mentioned, which he read in his place, and delivered in at the Table, where it was read again, passed and sent to the Senate.

-------------------- page 944 --------------------

Mr. Sherrod presented a Bill to prevent persons from stopping the passages of Fish up the Tar River & great Fishing Creek, which he read in his place, and delivered in at the Table, where it was again read, passed and sent to the Senate.

Mr. Howard, one of the Members for Onslow County; Mr. Morrison, one of the Members for Burke County, appeared and took their seats.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Resolve of your House impowering Colo. Long to advance a certain sum of Money to John Matthews, concurred with.

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

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

This House have appointed Colo. Martin and Mr. Nash, to act with the Gentlemen by you appointed to confer with the Delegates on the Salary necessary to be allowed them for their services.

Mr. Hooper moved for leave and presented 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 he read in his place, and delivered in at the Table, where it was again read, passed and sent to the Senate.

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

The Bill to amend an act Entitled an Act for the Regulation of the Town of Hillsborough, was read the second time, amended, passed and sent to the Senate.

Read the Petition of Matthew Collins, praying, &c., and the same was Ordered to lie on the Table for consideration.

Ordered that the following Message be sent to the Senate: Mr. Speaker & Gentlemen of the Senate:

This House propose, if agreeable to the Senate, to Ballot, at 4

-------------------- page 945 --------------------
O'Clock this afternoon, for two Delegates in the room of Whitmell Hill & Thomas Burke, Esquires, whose time is about to expire, and one in the room of Joseph Hewes, Esqr., resigned; an 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, Esqr.

If you accede to this measure you'l signify the same by Message.

Mr. Johnston moved for leave to prepare and bring in a Bill for prolonging the time limited by Law for securing the Lots in the Towns of Windsor and Winton, and for other purposes therein mentioned.

Ordered that he have leave accordingly.

Mr. Johnston moved for leave to prepare and bring in a Bill for giving the Inhabitants of this State a further time to acknowledge or prove their Deeds and Mesne conveyances, and other purposes therein mentioned.

Ordered that he have leave accordingly.

The Bill to indemnify certain persons therein named for putting to Death William Coyle and Lemuel Jones, and for beating James Harwell, was read the second time and rejected.

Resolved, that Mr. Speaker give the thanks of this House to the Honbl. Whitmell Hill and Thomas Burke, Esqrs., for their able, faithful and diligent and public spirited services, as Delegates from this State in the Continental Congress.

The Gentlemen being present, Mr. Speaker gave the thanks of the House as follows:

Mr. Hill, Mr. Burke:

Gentlemen:—

In all human probability, that day is not at a great distance which will give to these United States, peace and happiness, and Independence amongst the first powers of the Earth, and acknowledged even by the haughty Empire of Britain itself. This event,

-------------------- page 946 --------------------
brought about in the midst of manifold difficulties and dangers, is to be ascribed, under Heaven, to the wisdom of our Councils in the Grand Congress of America; in those, Gentlemen, you have borne an important share, and with unremitting diligence have watched over the general interest of the State at large, as well as of the grateful Thousands who this day, through me, unite to honor you, their Fellow Citizens, with their acknowledgements. And I do, in obedience to the Commands of the House of Commons of this State, in their name and in behalf of them and those whom they represent, give you their thanks for the integrity, wisdom and perseverance with which you have discharged the sacred trust reposed in you.

It is with singular pleasure that I acquit myself of this order of the House, in which my wishes warmly conspire with my duty to bear Testimony to such distinguished worth.

To which Mr. Burke returned the following Answer:

Mr. Speaker:—

Conscious, only, of having discharged the trust reposed in us with fidelity, but with abilities far unequal to its Importance, we arrogate not, to ourselves, superior merit; and we cannot but consider this distinguished and unlooked for Testimonial of our Country's approbation, as flowing from the generous gratitude of this honorable and virtuous House, and not as due to citizens, who, tho' they exerted their Talents to the utmost, could do no more than their Duty. Happy in being the citizens of a free State, and in being thought by our Country worthy of a Trust so sacred and important as that with which we were invested, we should have been content with the reflection, that we had used our best endeavours for perfecting the great and generous purpose of our common Country, the rooting out of Tyranny and planting in its room the palm of Freedom, under whose shade the present race and nations yet unborn might enjoy the blessings of equal Liberty. But this Honourable proof, of the approbation of our Country, fills us with an honest and most pleasing Triumph, we hope entirely unmixed with self-weening arrogance.

We congratulate you, Sir, and thro' you our Country, on the glorious prospects that are opening fast upon us, and which we

-------------------- page 947 --------------------
hope will be secured by the still requisite Efforts of the States in Co-operation with Congress.

Permit us, Sir, to offer our most grateful acknowledgements to you, for the singular honor you have done us by the polite and respectful manner in which you have discharged that part of your high office which related to us, and in which you have communicated to us the thanks of this honorable house, to whom we are unable to express our gratitude.

Whitmell Hill.
Thomas Burke.

Received from the Senate the following Message:

Mr. Speaker & 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 and Exum to superintend the Balloting.

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

The House met according to Adjournment.

Resolved, that Colo. Hawkins and Mr. Bloodworth be appointed, on the part of this House, to superintend the Balloting.

The 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 arrears, to account for and pay the same, and other purposes, was read the third time, amended by consent of both Houses, passed and ordered to be Engrossed.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

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

-------------------- page 948 --------------------
to the House of Commons, to postpone the Balloting for the several public officers mentioned in their 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, Esqr., as a Continental Delegate; and the Towns of New Bern, Hillsborough and Halifax, for holding the next Assembly at.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

This House have received the Message of yours, proposing to 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 and Hillsborough, for holding the next Assembly at.

Mr. Bloodworth informed the House that, according to the order thereof, he had attended the balloting for the several public officers, &c., and was ready to report the result thereof to the House.

Resolved, that the same lie over until To-morrow.

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


Tuesday, 26th October, 1779.

The House met according to Adjournment.

Mr. Bloodworth, who was appointed, on the part of this House, to superintend the Balloting for the several officers, Reported as follows:

That, by a Majority of the votes of both Houses, Whitmell Hill, Thomas Burke and Allen Jones, Esqrs., were Elected Delegates; Waightstill Avery, Esquire, a Councillor; James Iredell, Esqr., Attorney General; Nathaniel Rochester, Esqr., Treasurer; and that the next Assembly is to be held at New Bern.

-------------------- page 949 --------------------

That Mr. Gray and Mr. Bryan had the next greatest number of votes for Councillors, but neither of them a Majority of the two Houses, and recommended to the House to Ballot again for one Councillor.

The House taking the said Report into Consideration, Concurred therewith, except the appointment of Nathaniel Rochester, Esqr., whose Election to the office of Treasurer is illegal, owing to his holding the Clerkship of Orange County Court.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

This House propose, if agreeable to the Senate, to ballot on 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 Election this House have determined illegal, owing to his holding the Clerkship of Orange County.

Colo. Shepperd presented a Petition from a number of the Inhabitants of Dobbs County, praying a Division thereof.

Mr. Shepperd moved for leave and presented a Bill agreeable to the prayer of the said Petition, which he read in his place, and delivered in at the Table, where it was again read, passed and sent to the Senate.

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

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send you the Report of the Committee of both Houses, appointed to consider the petition of Abner Nash, Esquire, concurred with by this House.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Report of the Committee, appointed to consider the Petition of Abner Nash, Esqr., Concurred with by this House.

-------------------- page 950 --------------------

Resolved, that His Excellency the Governor be requested to grant a Pardon to Charles Shearing, a Criminal under Sentence of Death in Hillsborough Gaol, the said Shearing having been represented to this House as a person descending from a reputable Family.

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

Mr. Speaker & Gentlemen of the Senate:

We herewith send, for your Concurrence, a Resolve of this House requesting His Excellency the Governor to grant a Pardon to Charles Shearing, a Criminal in Hillsborough Gaol.

The Bill to invest the property of a Bridge lately built by Samuel Ruffin, Deceased, in Etheldred Ruffin, his Heirs or assigns, for Twenty years, was read the second time, amended passed and sent to the Senate.

Read the Petition of a number of the Inhabitants of Caswell County, praying a Division thereof, and the same was Rejected.

The Bill to amend an Act entitled an Act for the regulation of the Town of Hillsborough, was read the third time, passed and sent to the Senate.

The Bill to invest the Titles of certain Land therein mentioned in Abner Nash, Esquire, was read the first time, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send, for your Concurrence, a Resolve of this House allowing Benjamin Duberry a certain sum therein mentioned, for pursuing and apprehending Counterfeiters.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House allowing Benjamin Duberry a certain sum therein mentioned, concurred with.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send you the Petition of Thomas Burke, Esquire,

-------------------- page 951 --------------------
which we propose referring to the Committee who were appointed to consider of the Petition of Abner Nash, Esquire.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

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

The Bill to lay off and establish a Town in Franklin County, and for other purposes therein mentioned, was read the third time, passed and sent to the Senate.

Mr. James Campbell moved for leave to present a Bill to prevent persons from Injuring the Inland Navigation of Rivers, Creeks and Water Courses, in this State, in the Counties therein mentioned, which he read in his place, and delivered in at the Table, where it was read again, passed and sent to the Senate.

Mr. Johnston, According to order, presented a Bill giving the Inhabitants of this State a further time for proving and registering their Deeds and Mesne Conveyances, which he read in his place, and delivered in at the Table, where it was again read, passed and sent to the Senate.

Mr. Blackstock moved for leave and presented 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 he read in his place, and delivered in at the Table, where it was again read, passed and sent to the Senate.

The Bill for Erecting a Town on the Land of Thomas Hunter, at Squhawky, in Martin County, was read the second time, amended, passed and sent to the Senate.

The Bill for securing the rights of such persons in the County of Washington as lie between the River Holstein and the dividing 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, was read the first time, passed and sent to the Senate.

The Bill for Docking the Intails of all Lands, Tenements & Hereditaments, within this State, and for other purposes, was read the first time, passed and sent to the Senate.

-------------------- page 952 --------------------

The Bill to amend an Act Entitled an Act to amend the Staple of Tobacco was read the first time, passed and sent to the Senate.

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

Resolved, that the Delegates appointed to represent this State in the Continental Congress shall be reimbursed their expences going to, returning from and attending at Congress; and shall receive such other compensation as the next Assembly shall think reasonable for their trouble and the disadvantages arising from the neglect of their own private business.

Ordered that the above Resolve be sent to the Senate, with 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.

The Bill for laying a Tax to defray the expence of the public Buildings in the County of Nash, was read the first time, passed and sent to the Senate.

The Bill to amend an Act Entitled an Act concerning Servants & Slaves, was read the first time, passed and sent to the Senate.

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

Read the Memorial of Thomas Benbury, Esqr., in behalf of Thomas Oldham, late of Chowan County.

Resolved, that the same be referred to the Committee appointed to take under Consideration the Petition of Abner Nash, Esqr.

Read the Petition of Jonathan Allen, praying, &c.

Resolved, that the same be referred to the Committee appointed to take under consideration the Petition of Abner Nash, Esqr.

Ordered that the following Message be sent to the Senate:

-------------------- page 953 --------------------

Mr. Speaker & Gentlemen of the Senate:

We herewith send you the Memorial of Thomas Benbury, 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, Esqr.

Resolved, that Mr. Hooper have leave to absent himself from the service of this House after To-morrow.

Resolved, that Mr. Sherrod have leave to absent himself from the service of the House.

The Bill to confirm the Titles of Lands to sundry the Inhabitants of Duplin County, was read the first time, passed and sent to the Senate.

Resolved, that Mr. William Bennett have leave to resign the appointment of Contractor for the District of Edenton, and that William Gardner be appointed to take care of the provisions, &c., already purchased by Mr. Bennett.

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

Mr. Speaker & Gentlemen of the Senate:

We herewith send, for your Concurrence, a Resolve of this House permitting Mr. William Bennett to resign the appointment of Contractor, and appointing William Gardner to take care of the provisions purchased by Mr. Bennett.

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


Wednesday, 27th October, 1779.

The House met according to Adjournment.

Received from the Senate the following Messages:

Mr. Speaker & Gentlemen of the House of Commons:

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

-------------------- page 954 --------------------

Mr. Speaker & Gentlemen of the House of Commons:

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

The Bill to invest the property of a Bridge lately built by Samuel Ruffin, deceased, over great Contentney Creek, in Etheldred Ruffin, his Heirs or Assigns, for Twenty years, was read the third time, passed and ordered to be Engrossed.

Mr. Bloodworth moved for leave and presented 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 he read in his place, and delivered in at the Table, where it was again read, passed and sent to the Senate.

Mr. Johnston, according to order, presented a Bill for prolonging the time for saving Lots in the Towns of Windsor and Winton, which he read in his place, and delivered in at the Table, where it was again read, passed and sent to the Senate.

The Bill to lay off and establish a Town in Warren County, and other purposes, was read the third time, passed and sent to the Senate.

The Bill for dividing Tyrrell into two Distinct Counties, and for other purposes therein mentioned, was read the second time and Rejected.

The Bill to prevent persons from stopping the passage of Fish up Tar River and Dan River, was read the second time, amended, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

This House have received the Message of yours proposing to refer the Memorial of Thomas Benbury, Esqr., in behalf of Thomas Oldham, and the Petition of Jonathan Allen, to the Committee appointed to take under Consideration the Petition of Abner Nash, Esqr.

This House have rejected the memorial of Thomas Benbury, Esqr., but agree to refer the Petition of Jonathan Allen to the consideration of said Committee.

The Bill for granting a free Pardon to Charles Shearing, now under sentence of Death, was read the first time, passed and sent to the Senate.

-------------------- page 955 --------------------

Mr. Brown moved for leave and presented a Bill for building a Court House in Elizabeth Town, in the County of Bladen, and other purposes, which he read in his place, and delivered in at the Table, where it was read again, passed and sent to the Senate.

Mr. Brown moved for leave and presented a Bill to amend an Act entitled an Act to an additional Act Concerning Servants & Slaves, passed at New Bern in the year one Thousand seven hundred & fifty three, and other purposes therein mentioned, which he read in his place, and delivered in at the Table, where it was again read, passed and sent to the Senate.

The Bill to establish the seat of Government for the State of North Carolina, and for other purposes therein mentioned, was read the first time, passed and sent to the Senate.

Mr. Bloodworth moved for leave and presented a Bill for laying a Tax of 2½ per cent. upon all goods, wares and Merchandize exposed to Public Sale, and for regulating public Auctions, which he read in his place, and delivered in at the Table, where it was again read, passed and sent to the Senate.

The Bill for dividing the District of Salisbury, and for other purposes therein mentioned, was read the second time and Rejected.

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

The Bill to prevent the stopping the Fish in the Uharie River, was read the second time, amended, passed and sent to the Senate.

The Bill for establishing Fairs in Halifax Town and Edenton, was read the second time, amended, passed and sent to the Senate.

The Bill for establishing the Salaries of the Judges of the Superior Courts, and of the Attorney General, and for other purposes, was read the second time, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

This House have received the Report of the Committee of Claims, allowing Major John Armstrong four Hundred and twentynine pounds seventeen Shillings; also to Mr. Thomas Stewart, Eight Hundred pounds, which this House have concurred with.

Mr. Tullock moved for leave and presented a Bill to enlarge the

-------------------- page 956 --------------------
Jurisdiction of Magistrates, which he read in his place, and Delivered in at the Table, where it was read again, passed and sent to the Senate.

The Bill for annexing part of Carteret County to Jones, and other purposes, was read the second time, passed and sent to the Senate.

Resolved, that William Tisdale, Esqr., be allowed the sum of one hundred and fifty pounds, for making the great Seal of this State; that the Treasurers, or any one of them, pay him the same and be allowed.

Ordered that the above Resolve be sent to the Senate, for their Concurrence, with 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 & fifty pounds, for making the great Seal of this State.

The Bill for directing the method of appointing Jurors in all causes, Civil and Criminal, was read the second time, amended, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

You will herewith receive, for your Concurrence, a Resolve of this House allowing William Flewelling a certain sum, for the use of his waggon and Team.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House allowing William Flewelling a certain sum, for the use of his waggon and Team, Concurred with.

Resolved, that the Bill for granting a free pardon to Charles Shearing, now under Sentence of Death, be read To-morrow Morning for the third and last time.

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

-------------------- page 957 --------------------

The House met according to Adjournment.

Mr. Bloodworth moved for leave and presented a Bill directing the Sale of the Estate of John Roberson, deceased, and for other purposes therein mentioned.

Mr. Norwood moved for leave and presented 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 he read in his place, and Delivered in at the Table, where it was again read, passed and sent to the Senate.

Mr. Person moved for leave and presented a Bill for Establishing an Academy in the County of Granville, and for appointing Trustees, and for other purposes, which he read in his place, and delivered in at the Table, where it was again read, passed and sent to the Senate.

The Bill for establishing a Town in Lincoln County, on the Land of Valentine Mauney, was read the first time, passed and sent to the Senate.

Resolved, that the Bill for establishing a Court of Chancery within the State of North Carolina, and to regulate the manner of proceeding therein, be read the second time To-morrow.

Mr. Lutrell moved for leave and presented a Bill for Docking the Intail of a certain Tract of Land in Tyrrell County, which he read in his place, and delivered in at the Table, where it was again read, passed and sent to the Senate.

The Bill for punishing persons concerned in any of the several species of Counterfeiting in this State, was read the second time, amended, passed and sent to the Senate.

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


Thursday, 28th October, 1779.

The House met according to Adjournment.

Received from the Senate the following Message:

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

-------------------- page 958 --------------------
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 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 Senate:

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.

Ordered that the following Message be sent to the Senate:

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 Committee 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. Lutrell, Mr. Montford and Mr. Isaacs, with such of your members as you may think proper to appoint, shall Constitute another Committee of Claims.

Mr. Hooper moved for leave and presented a Bill to amend an act entitled an act for establishing an Academy in the Town of Hillsborough, which he read in his place, and Delivered in at the Table, where it was again read, passed and sent to the Senate.

Mr. Tullock moved for leave and presented a Bill to prevent Distilling Grain into Spirituous Liquors, which he read in his place and Delivered in at the Table, where it was again read, passed and sent to the Senate.

The order of the Day for reading for the second time the Bill for establishing a Court of Chancery within the State of North Carolina, and to regulate the manner of proceeding therein, being called for and read,

-------------------- page 959 --------------------

Ordered that the said Bill be read the second time; the same was read the second time and rejected.

The Bill for the Division of Dobbs County, and other purposes therein mentioned, was read the second time, amended, passed and sent to the Senate.

The Bill to amend an act entitled an act to encourage Benjamin Heron, Esqr., to build a Bridge over the Northeast branch of Cape Fear River, at or near the place where the ferry is now kept by Edward Davis, was read the second time, amended, passed and sent to the Senate.

The 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 Dividing the said County of Washington into two Distinct Counties, and for other purposes, was read the second time, amended, passed and sent to the Senate.

The Bill for dividing Anson County, and other purposes, was read the second time, passed and sent to the Senate.

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

The Bill for building a Court House in Elizabeth Town, in the County of Bladen, and other purposes, was read the second time, passed and sent to the Senate.

Resolved, that Mr. Norwood have leave to absent himself from the services of this House until Monday next.

Resolved, that Mr. Bloodworth, Mr. Starkey, Mr. Locke, Mr. Smith, Mr. Hunter, Mr. Patterson and Mr. James Campbell, be a Committee, on the part of this House, 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 thereon.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Mr. Bloodworth, Mr. Starkey, Mr. Locke, Mr. Smith, Mr. Hunter, Mr. Patterson and Mr. James Campbell, be a Committee, to act jointly with such Gentlemen of

-------------------- page 960 --------------------
the Senate as may be appointed, to enquire what necessaries are or may be wanting for the use of our Army, and make report thereof.

Resolved, that Whitmell Hill, Thomas Burke and Allen Jones, Esquires, Delegates appointed by the present General Assembly to represent this State in Congress the ensuing year, in conjunction with John Penn, Cornelius Harnett and William Sharpe, Esquires, be and they are hereby invested with the same powers and Authorities that the Delegates appointed by any former Assembly of this State were invested with.

Resolved, that His Excellency the Governor be impowered and requested to make out Commissions to Whitmell Hill, Thomas Burke and Allen Jones, Esquires, as Delegates, certifying the powers and authorities which they are invested with, to which the Great Seal of this State shall be affixed.

Ordered that the above Resolve be sent to the Senate, for their Concurrence, with 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 Assembly with certain powers and authorities, also requesting His Excellency the Governor to make out Commissions, &c.

The Bill for giving to all persons having Lands in this State a further time for proving and registering their Deeds and Mesne conveyances, and for other purposes, was read the second time, amended, passed and sent to the Senate.

Received from the Senate the following Message:

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 Committees, and Mr. Roberson, Mr. Graham, Mr. Respass and Mr. Kenan.

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

-------------------- page 961 --------------------

Friday, 29th October, 1779.

The House met according to Adjournment.

Resolved, that Nicholas Long, Esqr., be directed to furnish Richard Wheeling an express from Virginia to Joseph Green, Esqr., purchasing Commissary, with a Horse.

Ordered that the following Message be sent to the Senate:

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.

The Bill for granting a free Pardon to Charles Shearing, now under sentence of Death, was read the third time, passed and ordered to be Engrossed.

The Bill to Enlarge the Jurisdiction of Justices of the Peace, was read the second time, amended, passed and sent to the Senate.

On reading the Petition of Charles Radcliff, a prisoner of War, in Halifax,

Resolved, that General Jones be requested to Paroll the said Radcliff to Charles Town in South Carolina, or to some Sea port Town in this State, as to him shall seem best.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

We herewith send, for your Concurrence, a Resolve of this House requesting General Jones to Paroll Charles Radcliff, a prisoner of War.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

The Resolve of your House directing Nicholas Long, Esqr., to furnish Richard Wheeling an express with a Horse, you will with this receive, concurred with.

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

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

The Resolve of your House investing the Delegates appointed

-------------------- page 962 --------------------
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 Senate the following Messages:

Mr. Speaker & Gentlemen of the House of Commons:

This House have appointed Mr. Ramsey and 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.

Mr. Speaker & Gentlemen of the House of Commons:

We herewith return the Resolve of your House impowering our Delegates to ratify the Articles of Confederation, on the part of this State, Concurred with by this House.

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

General William Caswell, one of the Members for Dobbs County, appeared, was qualified and took his Seat.

The Honorable the Speaker laid before the House a Letter from His Excellency the Governor of the 27th Inst., Inclosing sundry Resolves of Congress, Letters from the North Carolina Delegates, &c., which were read and ordered to be sent to the Senate.

The Bill to regulate Ordinaries, Houses of Entertainment and Ferries, and other purposes, was read the first time, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

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.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & 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.

The Bill to carry into effect an Act passed at New Bern, in

-------------------- page 963 --------------------
November, of 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 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, was read the first time, passed and sent to the Senate.

The Bill for establishing a Town in Lincoln County, on the Land of Valentine Mauney, was read the second time and rejected.

The Bill to prevent persons from Injurying the Inland Navigation of Rivers, Creeks and water courses in this State, in the counties therein mentioned, was read the second time, passed and sent to the Senate.

Resolved, that General Jones be and he is hereby impowered and requested to Paroll such Prisoners of War, in the District of Halifax, to such place or places as he may judge best for the safety of this State.

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

Mr. Speaker & Gentlemen of the Senate:

We herewith send, for your Concurrence, a Resolve of this House impowering General Jones to Paroll such Prisoners of War, in the District of Halifax, to such places as he may judge best for the safety of this State.

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

The Bill for annexing part of Burke County to Lincoln, and other purposes, was read the second time and rejected.

The Petition of Thomas Pierce, Master of the Brigantine Mars, now a Prisoner of War in Halifax, praying, was read and rejected.

The Bill to amend an Act entitled an Additional Act Concerning servants and slaves, passed at New Bern in the year one thousand seven Hundred and fifty-three, and other purposes therein mentioned, was read the second time, passed and sent to the Senate.

The House adjourned til To-morrow Morning 9 O'Clock.

-------------------- page 964 --------------------

Saturday, 30th October, 1779.

The House met according to Adjournment.

The Bill to impower the Commissioners therein mentioned to purchase a Lot in the Town of Wilmington, for the District of Wilmington, and other purposes, was read the second time, passed and sent to the Senate.

The Bill for Building a Court House in Elizabeth Town, in the County of Bladen, and other purposes, was read the third time, amended, passed and sent to the Senate.

The Bill to vest the Title of certain Land, therein mentioned, in Abner Nash, Esquire, was read the second time, passed and sent to the Senate.

The Bill to amend an Act Entitled an Act concerning servants & slaves, was read the second time, passed and sent to the Senate.

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

Mr. Jones, from the Committee appointed to examine and receive the public papers from General Skinner, Reported as follows:

Your Committee have examined the papers and find those in a proper State for settlement with the Continental Congress, and that we have received from General Skinner the accounts and vouchers, which we are ready to lay before the House,

The House taking the said Report into Consideration,

Resolved, that the same be Rejected, and the Vouchers rec'd by the Committee, filed in the office of the Clerk of this House, and the accounts stated by General Skinner, on his request, returned to him.

Resolved, that Aaron Dudley, of Martin County, be allowed the sum of one hundred and fifty pounds for his vigilance in endeavoring to apprehend and take up a certain John Hays, a noted disaffected person to the United States. That any one of the Treasurers pay him the same and be allowed.

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

-------------------- page 965 --------------------

Mr. Speaker & Gentlemen of the Senate:

We herewith send, for your Concurrence, a Resolve of this House allowing Aaron Dudley the sum of one hundred and fifty pounds.

Resolved, that a Committee be appointed to take under consideration the state of the Garrison and supplys necessary for Fort Johnston; that for this purpose Mr. Brown, Mr. Starkey, Mr. Johnston, Mr. Macon, Mr. Luttrell, Mr. Phifer, Mr. Jones, and Mr. Tullock, be a Committee, to act jointly with such members of the Senate as may be appointed for that purpose.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

This House have appointed Mr. Brown, Mr. Starkey, Mr. Johnston, Mr. Macon, Mr. Luttrell, Mr. Phifer, Mr. Jones and Mr. Tullock a Committee, to Act jointly with such members of the Senate as may be appointed, to take under consideration the State of the Garrison, and supplies necessary for Fort Johnston.

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

Resolved, that Colo. Medlock have leave to absent himself from the Service of this House.

Resolved, that the Treasurers of the District of Wilmington be discharged from any further attendance on this Session of Assembly.

The Bill to Confirm the Titles of Lands to Sundry the Inhabitants of Duplin County, was read the second time, passed and sent to the Senate.

The Bill for dividing Anson County, and other purposes, was read the third time, passed and sent to the Senate.

-------------------- page 966 --------------------

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

You will herewith receive the Resolve of your House allowing Aaron Dudley one Hundred and fifty Pounds for services therein mentioned, concurred with.

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

The Bill to establish the seat of Government, and for the other purposes therein mentioned, was read the second time and rejected.

On motion of Mr. Person, ordered that the Yeas and Nays be taken, which are as follows:

Yeas:—Messrs. J. Hawkins, Macon, P. Hawkins, M. Abernathy, Hinton, Medlock, McCrawley, Patterson, D. Gillespie, Kimbrough, Person, Tullock, Brown, Bynum, Arnold, Isaacs, Clarke, J. Shepperd, Winslow, S. Miller, Phifer, Wilson, Luttrell, Younghusband, Jas. Hunter, Locke, Morrison, Farrow.

Nays:—Messrs. Peebles, Haywood, Tripp, Kennady, Gorham, Williams (Pitt), Hargett, H. Bryan, Blackstock, Bright, Starkey, J. A. Campbell, Boyd, Spruill, Swain, B. Williams, Clinton, L. Bryan, Bloodworth, Horn, Humphries, Grandy, J. Gillespie, Johnston, A. Sheppard, Jacob Hunter, Hancock, Howard, Smithwick, Caswell.

The House Adjourned til 4 OClock P. M.

The House met according to Adjournment.

Mr. Bloodworth, who was appointed on the part of this House to Superintend the Balloting for a Councillor, and Treasurer for the District of Hillsborough, Reported,

That by a majority of the votes of both Houses of the General Assembly, Edward Starkey, Esquire, was Elected a Councillor; but that neither of the persons in nomination for a Treasurer had a majority of votes, and recommended to the House to Ballot again for a Treasurer.

-------------------- page 967 --------------------

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

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

We agree to Ballot immediately for a Treasurer for the District of Hillsborough, and put in nomination Matthew Jones, Memucan Hunt and John Patterson, Esquires.

The House Adjourned til Monday Morning 10 O'Clock.


Monday, 1st November, 1779.

The House met according to Adjournment.

Received from His Excellency the Governor a Message inclosing a Letter from the Governor of South Carolina, requesting a further aid from this State for the defence of that State and Georgia.

Ordered that the same be referred to a joint Committee.

That, for this purpose, Mr. Jones, Mr. Locke, Mr. Starkey, Mr. Montfort, Mr. Bloodworth, Mr. Brown and Mr. Hawkins, be a Committee, on the part of this House.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

We herewith send you a Message from His Excellency 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. Montfort, Mr. Bloodworth, Mr. Brown and 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.

-------------------- page 968 --------------------

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

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

Colo. Hawkins, from the Committee to whom was referred the Petition of Thomas Turner, of Warren County, Reported as follows:

That the losses of his son, Capt. Jacob Turner, Deceased, in the Battle at Brandy Wine, the 11th of September, 1777, was to the amount of one hundred and seventy pounds at that time, and that the same ought to be allowed.

The House taking the said Report into consideration, Concurred therewith, and

Resolved, that the Treasurers or any one of them pay the said Thomas Turner the same, and be allowed.

On reading the petition of John Robinson, of Burke County, deemed one of the nine months Men, praying to have a formal Tryal by the Court Martial of said County,

Resolved, that the prayer of the said Petition be granted.

Ordered that the following Message be sent to the Senate:

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.

Read the Petition of John Robinson, of Wilmington, praying, &c.

Resolved, that the same be referred to a joint Committee. That for this purpose, Mr. Locke, Mr. Starkey, Mr. Brown, Mr. Hawkins, Mr. Campbell, Mr. Hunter and Mr. Harget, be a Committee, on the part of this House.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

-------------------- page 969 --------------------

We herewith send you the Petition of John Robinson, of Wilmington, which we propose referring to a joint Committee, and have, for that purpose, on our part, appointed Mr. Locke, Mr. Starkey, Mr. Brown, Mr. Hawkins, Mr. Campbell, Mr. Hunter and Mr. Harget, a Committee.

The Bill to Enlarge the jurisdiction of Justices, and for other purposes, was read the third time, amended, passed and sent to the Senate.

The Bill to regulate & establish a Militia in this State, was read the first time and rejected.

Received from the Senate the following Message:

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 Waggons 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.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House for referring the accounts of the Continental Waggons to Col. Long to settle, Concurred with by this House.

The Bill to establish a road from James McDaniel's, in Pasquotank County, to the Widow White's, in Perquimons County, and granting a Toll on the same, was read the second time, amended, passed and sent to the Senate.

The Bill for the Division of Dobbs County, and other purposes therein mentioned, was read the third time, amended, passed and sent to the Senate.

Read the Report of the Committee to whom was referred the Governor of South Carolina's Letter, and the same was Rejected.

On taking under Consideration the critical Situation of affairs in Georgia and South Carolina, and it appearing absolutely necessary that an immediate aid from this State should be sent there;

-------------------- page 970 --------------------

Resolved, therefore, that His Excellency the Governor be requested to order on to South Carolina, with all possible Expedition, the Force directed to be raised by an Act passed at the last Session of the General Assembly held at Smithfield, entitled “an Act for raising Regular Forces for the Defence of this and the Neighboring States, and for other purposes,” taking care that each and every County in this State send their due proportion of men agreeable to the said Act.

Resolved, also, that His Excellency be impowered, with the advice of his Council, to order further Drafts from the Militia, not exceeding one thousand men, agreeable to the Militia Law, and cause the said Drafts to be marched to South Carolina, under the same Regulations established by the Act herein before mentioned.

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

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your Concurrence, a Resolve of this House, requesting his Excellency the Governor to send, with all possible expedition, to the aid of South Carolina, the Militia lately drafted in virtue of an Act of Assembly passed at Smithfield, also another Resolve impowering His Excellency to send, by the advice of the Council, an additional aid, &c.

The Bill for laying a Tax for defraying the expence of the public buildings in the County of Nash, was read the second time, amended, passed and sent to the Senate.

The Bill for establishing Fairs in Halifax Town and Edenton, was read the third time, amended, passed and sent to the Senate.

Received from the Senate the following Messages:

Mr. Speaker & Gentlemen of the House of Commons:

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

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.

-------------------- page 971 --------------------

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

The House Adjourned till To-morrow Morning 10 O'Clock.


Tuesday, 2nd November, 1779.

The House met according to Adjournment.

Received from the Senate the following Message:

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.

Ordered that the following Message be sent to the Senate:

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.

The Bill to prevent Hunting in the woods, in the night time, with Gun and firelight, and other purposes therein mentioned, was read the second time, amended, passed and sent to the Senate.

The Bill for sending an aid to the States of South Carolina and Georgia was read the first time, passed and sent to the Senate.

Mr. Bloodworth, who was appointed, on the part of this House, to superintend the Balloting for a Treasurer for the District of Hillsborough, Reported

That Matthew Jones, Esqr., the person in nomination, had the greatest number of votes of any, but that Members sufficient to constitute an Assembly had not voted, and recommended to the House to ballot again.

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

Ordered that the following Message be sent to the Senate:

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.

-------------------- page 972 --------------------

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

Mr. Wilson moved for leave and presented a Bill for dividing the Mecklenburg Regiment of Militia into two separate and Distinct Regiments, which he read in his place, and delivered in at the Table, where it was again read, passed and sent to the Senate.

The Bill to prevent Distilling Grain into Spiritous Liquor, was read the second time and rejected.

Mr. Bloodworth moved for leave and presented a Bill to enable the administrators of John Roberson, Deceased, to sell and dispose of the Estate of said Roberson, which he read in his place, and Delivered in at the Table, where it was again read, passed and sent to the Senate.

The 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, was read the Second time and rejected.

The Bill for giving to all persons having Lands in this State a further time for proving and registering their Deeds and Mesne Conveyances, and for other purposes, was read the third time, amended, passed and sent to the Senate.

Received from the Senate the following Message:

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.

Ordered that the following Message be sent to the Senate:

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.

The Bill for erecting a Town on the Lands of Thomas Hunter, Squhawkey, in Martin County, was read the third time, amended, passed and sent to the Senate.

The Bill to amend an act for ascertaining what property in this State shall be deemed Taxable property, the method of asessing the same, and collecting the public Taxes, and other purposes, was read the second time, amended, passed and sent to the Senate.

-------------------- page 973 --------------------

A second 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, was read the second time and rejected.

Mr. Person moved for leave and presented a Bill to establish a board of Commissioners for settling and adjusting the public Accounts of this State, and other purposes, which he read in his place, and delivered in at the Table, where it was again read, passed and sent to the Senate.

The Bill for sending an aid to the States of South Carolina and Georgia, was read the second time, passed and sent to the Senate.

The Bill for Docking the Intail of a certain Tract of Land therein mentioned, was read the Second time and rejected.

The Bill to amend an Act Entitled an Act concerning Servants & Slaves, was read the third time, passed and ordered to be Engrossed.

Mr. Person moved for leave to withdraw and amend the Bill for the more effectually preventing Engrossing, &c.

Ordered that he have leave accordingly.

The House Adjourned til To-morrow Morning 9 OClock.


Wednesday, 3rd November, 1779.

The House met according to adjournment.

The Bill for annexing part of Cartaret to Jones, and other purposes, was read the third time, amended, passed and sent to the Senate.

Received from the Senate the following Message:

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, Esquire, 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.

-------------------- page 974 --------------------

The Petition of John Johnston and Walter Baird, prisoners of War, paroled to Halifax, praying to have their parolls extended to New York, was Read and Rejected.

The Bill for Docking the Intail of all Lands, Tenements & Hereditaments, within this State, was read the second time and rejected.

The Bill to impower the Commissioners therein mentioned to purchase a Lot in the Town of Wilmington, build a gaol for the District of Wilmington, and other purposes, was read the third time, passed and sent to the Senate.

The Bill to Establish a Road from James McDaniel's, in Pasquotank County, to the Widow White's, in Perquimons County, and granting a Toll on the same, was read the third time, amended, passed and sent to the Senate.

The Bill to prevent the stopping of Fish from running up Rockey River, was read the first time, passed and sent to the Senate.

The Bill to lay off a Town in the County of Surry, on the lands the property of John Armstrong and William Sheppard, at the Court House of said County, was read the first time, passed and sent to the Senate.

The bill for prolonging the time for saving the Lots in the Towns of Windsor and Winton, was read the second time, amended, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send, for your Concurrence, a Resolve of this House requesting His Excellency to effect an Exchange of Prisoners.

Ordered that the following Message be sent to the Senate:

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.

Resolved, that the Bill to carry into effect the Confiscation Act, &c., be read To-morrow for the Second time.

-------------------- page 975 --------------------

The Bill to amend an Act entitled an act to encourage Benjamin Heron, Esqr., to build a Bridge over the northeast branch of Cape Fear River, at or near the place where the ferry is now kept by Edward Davis, was read the third time and rejected.

The Bill for docking the Intail of a certain tract of Land in Tyrrell County, was read the second time and rejected.

The Bill for laying a Tax to defray the expense of the Public buildings in the County of Nash, was read the third time, passed and ordered to be Engrossed.

The Bill to amend an Act Entitled an Act to amend the Staple of Tobacco, was read the Second time, passed and sent to the Senate.

The Bill to regulate Ordinaries, Houses of Entertainment and Ferries, and other purposes, was read the Second time, amended, passed and sent to the Senate.

The Bill to confirm the Titles of Lands to sundry the Inhabitants of Duplin County, was read the third time, passed and ordered to be engrossed.

This being objected to, ordered that yeas and nays be taken, which are as follows:

Yeas:—Messrs. Peebles, Haywood, Tripp, Williams (Pitt), Harget, Blackstock, Bright, Starkey, J. A. Campbell, Boyd, Spruill, Swain, M. Abernathy, Hinton, B. Williams, Clinton, L. Bryan, M. Crawley, Patterson, Bloodworth, Tullock, Cain, Brown, S. Williams, Horn, Vaughan, Norwood, Arnold, Isaacs, Walton, Clarke, J. Sheppard, Humphries, R. Abernathy, J. Gillespie, S. Miller, Phifer, Wilson, A. Sheppard, Younghusband, Jacob Hunter, Farrow, J. Howard, Smithwick.—44.

Nays:—Messrs. Smith, J. Hawkins, Macon, H. Bryan, P. Hawkins, J. Campbell, Person, Winslow, Willis, Johnston, Luttrell, Jas. Hunter, Gorham, Locke, Morrison, Caswell.—16.

Mr. Person moved for leave to enter his reason of dissent against the passage of the before mentioned Bill.

Ordered that he have leave at any time before the breaking up of this Session.

The Bill for the more effectually preventing Engrossing and Forestalling, for the encouragement of Commerce and the fair

-------------------- page 976 --------------------
Trader, and for other purposes therein mentioned, was read the Second time, amended, passed and sent to the Senate.

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


Thursday,4th November, 1779.

The House met according to Adjournment.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

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

Ordered that the following Message be sent to the Senate:

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.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

We herewith send, for your Concurrence, a Resolve of this House impowering the several Sheriffs in this State, to receive in payment of Taxes, all Claims allowed, and certified and Indented Loan office Certificates.

Ordered that the following message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House impowering the several Sheriffs in this State to receive in payment of Taxes all

-------------------- page 977 --------------------
Claims allowed and property certified and Indented Loan office Certificates, Concurred with by this House.

The Bill for directing the method of appointing Jurors in all Causes, Civil and Criminal, was read the third time, amended, passed and sent to the Senate.

The Bill to enable the Administrators of John Robeson, Deceased, to sell and dispose of the Estate of said Deceased, was read the second time, amended, passed and sent to the Senate.

The Bill for prolonging the time for saving the Lots in the Towns of Windsor and Winton, was read the third time, passed and sent to the Senate.

The Bill for sending an aid to the States of South Carolina and Georgia, and for other purposes, was read the third time, passed and ordered to be Engrossed.

Mr. Robert Rowan, one of the Members for Cumberland County, appeared and took his seat.

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


Friday, 5th November, 1779.

The House met according to Adjournment.

The Petition of John Hoof, praying, &c., was read and rejected.

The Bill to Establish and lay out a Town, in Washington County, was read the third time, passed and sent to the Senate.

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

Read the Petition of Thomas Person, Esqr.

Ordered that the same be referred to the joint Committee appointed to take under consideration the Petition of Abner Nash, Esqr.

-------------------- page 978 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

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

The Bill to Establish a board of Commissioners for settling and adjusting the Public Accounts of this State, and other purposes, was read the second time, passed and sent to the Senate.

The Bill for Dividing the Mecklenburg Regiment of Militia into two separate and distinct Regiments, was read the Second time, passed and sent to the Senate.

The Bill to prevent Persons from stopping the passage of Fish up Tar River and Dan River, was read the third time, amended, passed and sent to the Senate.

The Bill to regulate Ordinaries, Houses of Entertainment and Ferries, and other purposes, was read third time, passed and ordered to be Engrossed.

Resolved, that Nicholas Long, Esqr., Deputy Quarter Master General, be requested to furnish the General Assembly with a list of all the waggons in public service, and under his care, and the names of the persons owning such waggons, and an account of the time they have respectively been in service, discriminating those that have been put in service voluntarily from those impressed.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

We herewith send for your concurrence, a Resolve of this House requesting Nicholas Long, Deputy Quarter Master General to furnish the Assembly with a list of waggons in public service and under his care, &c.

The Bill to prevent persons from injuring the Inland Navigation of Rivers, Creeks and Water Courses in this State, &c., was read the third time, amended, passed and sent to the Senate.

Received from the Senate the following Message:

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 the petition of Abner Nash, Esqr., to which we agree.

-------------------- page 979 --------------------

Resolved, that the Bill for the more effectually preventing Engrossing and forestalling, for the Encouragement of Commerce and the fair Trader, &c., be read to-morrow for the third and last time in this House.

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


Saturday, 6th November, 1779.

The House met according to adjournment.

Resolved, that Mr. Boyd & Mr. Grandy have leave to absent themselves from the service of this House.

Received from the Senate the following Message:

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.

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

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 impowered to dispose of the said Eighty Thousand weight of Tobacco in manner heretofore directed by Resolve of the General Assembly, and also to contract for the Delivery of the remaining one hundred and Twenty Thousand weight, either in the West Indies or in this State, at his discretion.

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

Mr. Speaker & Gentlemen of the Senate:

We herewith send, for your concurrence, a Resolve of this House impowering the commercial agent to dispose of part of the public Tobacco as heretofore directed, and to contract for the delivering of the remainder, either in the West Indies or in this State, at discretion.

-------------------- page 980 --------------------

The Bill to amend an Act entitled an act to amend the Staple of Tobacco, was read the third time, passed, and ordered to be Engrossed.

The Bill to recruit the Continental Battalions of this State, was read the first time and rejected.

The Bill for dividing the Mecklenburg Regiment of Militia into two separate and distinct Regiments, was read the third time, amended, passed and sent to the Senate.

The Bill to enable John Kirkwood & Thomas Robeson to sell and dispose of the Estate of John Robeson, Deceased, was read the third time, passed and sent to the Senate.

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

The Bill to amend an Act for ascertaining what property in this State shall be deemed Taxable property, the method of assessing the same, collecting the public Taxes, and other purposes, was read the third time, passed and sent to the Senate.

It was moved and Seconded that the Continental Officers, ordered by His Excellency General Washington from the Northward to the Southward, should be allowed three Dollars per Day for subsistence Money, and that the Continental paymaster be directed to pay the same.

This being objected to, the question was put and carried in the negative—the yeas and nays being required by Colo. Luttrell:

Yeas.—Messrs. Smith, J. Hawkins, Macon, Harget, Blackstock, Spruill, Hinton, B. Williams, L. Bryan, D. Gillespie, Bloodworth, Tullock, S. Williams, Norwood, Humphries, Willis, J. Gillespie, J. Johnston, Phifer, Wilson, A. Sheppard, Luttrell, Jas. Hunter, R. Rowan, R. Abernathy.—25.

Nays.—Messrs. Peebles, Haywood, Tripp, J. Williams, Bright, Starkey, J. A. Campbell, W. Boyd, P. Hawkins, Swain, Clinton, Wm. McCauley, Patterson, Person, Brown, Cain, Horn, Vaughan, Isaacs, Walton, J. Shepperd, Miller, Hancock, Jacob Hunter, Farrow; Locke, Howard, Morrison.—28.

-------------------- page 981 --------------------

The Bill to amend an Act entitled an additional Act concerning Servants & Slaves, passed at New Bern, in the year one thousand Seven Hundred & fifty-three, and other purposes therein mentioned, was read the third time, amended, passed and sent to the Senate.

The Bill to prevent Hunting, in the night time, with Gun and firelight, and other purposes therein mentioned, was read the third time, amended, passed and sent to the Senate.

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

The House met according to adjournment.

Mr. Bloodworth moved for leave and presented a Bill to fill up the Continental Battalions of this State, and other purposes, which he read in his place, and Delivered it at the Table, where it was again read, passed and Sent to the Senate.

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

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


Sunday, 7th November, 1779.

The House met according to adjournment.

The Bill to prevent the stopping the Fish from running up Rockey and Haw Rivers, was read the second time, amended passed and sent to the Senate.

Received from the Senate the following Message:

-------------------- page 982 --------------------

Mr. Speaker and 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.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

We herewith return the Resolve of your House directing Benjamin Hawkins, Esqr., in the Execution of the office of Commercial Agent for this State, Concurred with.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

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

At the same time received the Resolve of the Senate and the Petition of John Hogan, Esquire, referred to in the above Message.

Resolved, that the same be rejected, as the said Hogan left the service of the Assembly without giving any reason to this House why the said McCauley should be called on in manner aforesaid.

The Bill to Establish a board of Commissioners for settling and adjusting the Public accounts of this State, and other purposes was read the third time and rejected.

On the question shall the Bill pass or not pass, the yeas and nays being required by Mr. Person:

Yeas.—Messrs. J. Hawkins, Macon, Haywood, Harget, Starkey, J. A. Campbell, P. Hawkins, M. Abernathy, Hinton, B. Williams, Clinton, L. Bryan, McCauley, Patterson, D. Gillespie, Person, Bloodworth, Tullock, Cain, Brown, Norwood, Humphries, J. Gillespie, Miller, Hancock.—25.

Nays.—Messrs. R. Smith, Peebles, Jones, Gorham, Williams, (Pitt), H. Bryan, W. Boyd, Spruill, Swain, J. Campbell, S. Williams, Horn, Vaughan, Arnold, Isaacs, Walton, Winslow, R.

-------------------- page 983 --------------------
Abernathy, J. Johnston, Phifer, Wilson, Luttrell, Younghusband, Jas. Hunter, Jacob Hunter, Farrow, Locke, Morrison, Smithwick—29.

So it was Resolved in the Negative.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

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

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

Received from the Senate a Bill for docking the intail of a certain piece or parcel of Land as therein mentioned, and the same was rejected.

Whereas, General William Skinner, by direction of the General Assembly, at Smithfield, proceeded to state the accounts of this State against the United States, and Compleated the same, but it being necessary that Accounts be raised against the several States, individually, with which this State has had dealings, and also against all persons who have been interested with public Money and have failed to account,

Resolved, that General Skinner be requested to state the acc'ts above mentioned up to the end of the Session at Smithfield, and lay them, together with the acc'ts by him already compleated, before the General Assembly at their next Session at New Bern, and that he be impowered to call on all persons for such public papers as may be necessary to obtain this end.

Resolved, that General Skinner shall be allowed a reasonable Sum by the General Assembly adequate to his trouble for this additional service.

Mr. Person objected to the above Resolve.

On the question, will the House enter into this Resolve or not, the yeas and nays being required by Mr. Person:

Yeas.—Messrs. R. Smith, Jones, Montford, J. Hawkins, Tripp, Gorham, J. Williams (Pitt), Bright, J. A. Campbell, Boyd, Spruill, Swain, J. Campbell, M. Abernathy, Clinton, L. Bryan, McCauley,

-------------------- page 984 --------------------
Patterson, D. Gillespie, Bloodworth, Brown, S. Williams, Horn, Vaughan, Norwood, H. Bryan, Arnold, Isaacs, Humphries, Willis, J. Gillespie, Miller, Johnston, Wilson, Jas. Hunter, Jacob Hunter, Farrow, Morrison, Smithwick, Rowan, Starkey.—41.

Nays.—Messrs. Macon, Person, Tullock, Cain, Locke, Howard, Peebles, R. Abernathy, Blackstock, Luttrell.—10.

So it was resolved in the affirmative.

Ordered that the following Message be sent to the Senate:

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 Acc'ts, &c.

The Honbl. the Speaker laid before the House a Letter from Adam Boyd, Esqr.

Ordered that the same be referred to the joint Committee appointed to enquire what necessaries are or may be wanting for the use of our Army.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

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

Resolved, that Nicholas Long, Esqr., be directed to pay the Board of War in Virginia for such goods as were left, by Capt. Knox, of the Eighth Virginia Regiment, in the Town of Halifax in the year 1776, and applied to the use of this State.

Ordered that the following Message be sent to the Senate:

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.

Resolved, that the Clerk be, and he is hereby, directed to make up the Estimate of allowances to the Members at twenty-five Dollars per Day, and to include Wednesday.

-------------------- page 985 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

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

Received from the Senate the following Messages:

Mr. Speaker & Gentlemen of the House of Commons:

The Resolve of your House, requesting Genl. Skinner to compleat the Settlement of the Public Acc'ts, you will herewith receive, concurred with.

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.

Mr. Speaker & Gentlemen of the House of Commons:

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

At the same time received the Resolves of this House referred to in the two preceding Messages, concurred with.

The Bill for punishing persons concerned in any of the several Species of Counterfeiting in this State was read the third time, amended, passed and sent to the Senate.

The Bill to fill up the Continental Battalions of this State, and other purposes, was read the second time, passed and sent to the Senate.

The Bill to prevent the stopping of Fish from running up Rocky and Haw Rivers, was read the third time, passed and ordered to be Engrossed.

The 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, and for other purposes, was read the second time, amended, passed and sent to the Senate.

-------------------- page 986 --------------------

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

This House concur with your Message in 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 according to adjournment.

Mr. Thomas Hines, one of the Members for Wake County, appeared and took his seat.

The House adjourned till 5 o'Clock P. M.

The House met according to adjournment.

Resolved, that Mr. Horn and Mr. Johnston have leave to absent themselves from the Service of this House.

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


Tuesday, 9th October, 1779.

The House met according to adjournment.

Received from the Senate the following Message:

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 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 Services.

Ordered that the following Message be sent to the Senate:

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

-------------------- page 987 --------------------
voted by the present Assembly for the Defence of South Carolina and Georgia, and allowing him a certain sum for such services, concurred with.

Resolved, that His Excellency the Governor be requested to issue a Captain's Commission to Ptolemy Powell, constituting him Captain of the Guard at Halifax Town.

Resolved, also, that the said Guard consist hereafter of a Captain, two Sergeants, two Corporals, a Drummer, Fifer and Twentyfour privates.

Ordered that the following Message be sent to the Senate:

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.

Received from the Senate the following Message:

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, 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.

Ordered that the following Message be sent to the Senate:

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.

On Reading a Letter from Thomas Craike, Esqr., Deputy Commissary General of Military Stores & Deputy Clothier General, resigning the said appointments.

Resolved, that Robert Rowan, Esq., be, and he is hereby appointed to fill the said appointments, and that he receive of the said Thomas Craike, Esquire, all the Military Stores and Cloaths in his possession, belonging to the United States and this State.

-------------------- page 988 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

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

Received from the Senate the following Messages:

Mr. Speaker & Gentlemen of the House of Commons:

You will herewith receive a Resolve of this House recommending Colo. Benjamin Cleveland and Capt. Benjamin Herndon, and other, 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.

On the question will the House concur with the Resolve of the Senate referred to in the above Message or not concur, the yeas & nays being required by Mr. Starkey:

Yeas.—Messrs. Peebles, J. Hawkins, Macon, Tripp, J. A. Campbell, Swain, McCauley, D. Gillespie, Brown, S. Williams, Vaughan, Norwood, Arnold, Isaacs, Walton, S. Shepperd, Winslow, Humphries, Willis, Phifer, Wilson, A. Shepperd, Luttrell, Jas. Hunter, Hancock, Locke, Morrison, Smithwick, Hines.—29.

Nays.—Messrs. R. Smith, Jones, Montford, Gorham, Harget, Bright, Starkey, Boyd, Spruill, James Campbell, B. Williams, Clinton, Patterson, Person, Bloodworth, Cain, Bynum, J. Gillespie, Miller, Younghusband, Jacob Hunter, Farrow, J. Howard, Rowan.—24.

So it was Resolved in the affirmative.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House recommending Colo. Benjamin Cleveland & Captain Benjamin Herndon, and others, to His Excellency the Governor, to be pardoned for killing

-------------------- page 989 --------------------
Lemuel Jones and William Coyle, and for beating James Harvell, Concurred with by this House.

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

The House met according to adjournment.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen of the House of Commons:

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.

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

The 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, was read the third time, amended by Consent of the Senate, passed and ordered to be Engrossed. Mr. Howard objected against the said Bill's passing, and moved for leave to enter his dissent against the same.

On motion,

Resolved, that Mr. Howard, on behalf of himself and the other Members who were against the passage of the said Bill, have leave to enter their reasons of dissent against it at any time before the breaking up of this Session of Assembly.

The Bill for the more effectually preventing Engrossing and forestalling, for the Encouragement of Commerce and the fair Trader, and for other purposes therein mentioned, was read the third time and Rejected.

On the question shall the Bill pass or not pass, The yeas and nays being required by Mr. Person:

-------------------- page 990 --------------------

Yeas.—Messrs. Peebles, J. Hawkins, Macon, Tripp, Gorham, H. Bryan, Blackstock, Spruill, Hinton, Clinton, Patterson, Person, Cain, Brown, Arnold, Walton, J. Shepperd, J. Gillespie, Miller, Phifer, Wilson, Jas. Hunter, Hancock, Farrow, Lock, Morrison.—26.

Nays.—Messrs. Smith, Jones, Montford, Harget, Bright, Starkey, J. A. Campbell, Boyd, H. Hawkins, Swain, J. Campbell, M. Abernathy, B. Williams, L. Bryan, McCauley, Bloodworth, S. Williams, Bynum, Norwood, Isaacs, Clarke, Humphries, R. Abernathy, A. Sheppard, Luttrell, Jacob Hunter, Howard, Smithwick, Rowan, Johnston, Vaughan, Willis.—32.

So it was Resolved in the Negative.

Received from the Senate the following Message:

Mr. Speaker and 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 and Horses lost in the service on an Expedition to South Carolina.

Ordered that the following Message be sent to the Senate;

Mr. Speaker and Gentlemen of the Senate:

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

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


Wednesday, 20th November, 1779.

The House met according to adjournment.

Received from the Senate the following Message:

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,

-------------------- page 991 --------------------
Esqr., to whom was referred the Petition of Thomas Person, Esquire, Concurred with by this House.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

We herewith return the Report of the joint Committee on the Petition of Thomas Person, Esqr., concurred with by this House.

Mr. Howard, according to order, presented the following protest against the Bill for carrying into effect the Confiscation Act, &c., viz.:

Reasons assigned for protesting against the Bill entitled a Bill for carrying the Confiscation Act into Effect:

1st. Because the Treason Bill, passed at New Bern, in April, 1777, declares that Merchants, &c., refusing to take the oath of allegiance shall depart out of the State and provides that all persons so departing shall and may dispose of their property agreeable to the directions of the said act, and shall not return on pain of Death. Whereas, the present Act, after reciting the preamble of the Confiscation Act, declares that the property of all persons who come within the meaning of said Act shall be seized by the Commissioners, and yet includes among the names therein inserted all persons who went out under the Treason Bill aforesaid without any reference to the said Treason Bill, and altho' it is expressly declared by the Confiscation Bill, passed at New Bern, as aforesaid, that such persons as departed from the Country, under compulsive authority of the Treason Bill, should not be construed to come within the said Confiscation Bill. Thus this part of the present Act condemns all the property of the persons above referred to which they were possessed of on the fourth day of July, 1776, even altho' disposed of bona fide agreeable to the Treason Act, and condemns the said property for this Reason, that the said persons did not appear and submit to the General Assembly, whether they should be received as Citizens, and have the possessions which to them foremerly belonged restored, when at the same time it is evident by the Treason Act that if they did appear they must suffer

-------------------- page 992 --------------------
Death. And yet, the fourteenth section of the present Act declares that sales bona fide made agreeable to the Treason Bill, shall not be void. Thus the first Section of the present Act expressly contradicts the Confiscation Act passed at New Bern, as aforesaid, and the Treason Bill, which are both in force, and the said first Clause is again expressly contradicted by the fourteenth Section of this Act above referred to, so that we humbly conceive the aforesaid first Section to be fraught with the highest Injustice (which happily however cannot be carried into Execution) inasmuch as it Tends to make void Titles bona fide obtained agreeable to the Treason Bill; and that it also involves such a Complication of Blunders and betrays such ignorance in Legislation as would disgrace a Set of Drovers.

2nd. Because by the Act passed at Halifax, for carrying the Confiscation Act into Effect, provision was made for such unfortunate and Innocent Wives and Children resident in the State, who had been abandoned by their Fathers or Husbands, and also for aged parents in particular Cases. Whereas, the present Act destroys that provision without suggestion of Blame or misconduct on the part of the Objects of it, seizes all their property or nearly all to the use of the State, directs immediate Sale thereof, and leaves the unhappy sufferers to precarious Dependance on the Charity of a future Assembly. That we may not draw down upon our Heads the Curses of the unfortunate, helpless, innocent sufferers above referred to, we declare that we war not against such aged parents or against Women & Children, more especially being, as in this Case, our fellow Subjects, and in this public manner testify our Disapprobation.

3rd. In mere modesty and Humility, and that no merit may be imputed to us as Members of the House of Commons on Account of the bright Display of Wisdom, Virtue and Humanity exhibited by the General Assembly in this masterly performance, we enter this our protest.

Willie Jones.
Robert Smith.
Wm. Boyd.
Jas. Howard.
Rd. Clinton.
Saml. Williams.
Aug. Willis.
Timothy Bloodworth.
Tho. Younghusband.
John Johnston.
James Campbell.
H. Montford.
L. Luttrell.
James Gorham.
Edwd. Starkey.

-------------------- page 993 --------------------
Received from the Senate the following Messages:

Mr. Speaker & Gentlemen of the House of Commons:

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

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.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House impowering Colo. Long to take into his possession all the Public Waggons, Horses & 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.

The Bill to vest the Title of certain Lands, therein mentioned, in Abner Nash, Esquire, and other purposes, was read the third time, amended by Consent of the Senate, passed and ordered to be Engrossed.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House appointing Thomas Scurlock, Commissary, &c., concurred with.

The Bill for establishing an Academy in the County of Granville, and for appointing Trustees, and for other purposes, was read the third time, amended, passed and sent to the Senate.

-------------------- page 994 --------------------

Whereas, it has appeared to this House that there is at this time a number of Stray Cattle and Horses in different parts of this State belonging to the Public; Therefore,

Resolved, that the Commanding Officer of each County, where there are any such Strays, be authorized and impowered to appoint some person to take them into possession and deliver them to some of the Contractors or Commissaries imployed in victualing the Troops for the aid of South Carolina, for which a reasonable allowance shall be made by the public.

Ordered that the following Message be sent to the Senate:

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 Cattle belonging to the Public.

The Bill to amend an Act entitled an Act for establishing offices for receiving Entries & 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, was read the third time, amended by consent of the Senate, passed and ordered to be Engrossed.

Received from the Senate the following Message:

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.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

We herewith return the Resolve of your House in favour of John Graham, concurred with.

-------------------- page 995 --------------------

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

Herewith you will receive, for your Concurrence, a Resolve of this House enjoining the persons, who by this Assembly shall be appointed Deputy Commissary of Military Stores & Deputy Clothier General, to take an oath of office.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House enjoyning the person to be appointed Deputy Commissary of Military Stores & Deputy Clothier General, to take an oath of office, concurred with.

Whereas, there is in the possession of Matthew Locke, Esqr., a considerable number of broken Guns belonging to this State, and a broken Waggon belonging to this State, and entirely rendered useless, therefore,

Resolved, that Mr. William Locke take into his possession said Guns and Waggon, and Sell the same by public vendue, or otherwise, to the best advantage, and account for the Money arising from such Sale, with the Treasurer of the District of Salisbury, for the same.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

We herewith send, for your Concurrence, a Resolve of this House, impowering Mr. William Locke to receive a number of old Guns, &c., a broken Waggon from Matthew Locke, Esqr., to sell the same and pay the Money to the Treasurer of the District of Salisbury.

Received from the Senate the following Messages:

Mr. Speaker & Gentlemen of the House of Commons:

The Resolve of your 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, you will herewith receive, concurred with.

-------------------- page 996 --------------------

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 & Deputy Clothier General, concurred with.

Mr. Speaker & Gentlemen of the House of Commons:

You will herewith receive the Resolve of your House impowering Mr. William Locke to receive a number of old Guns & a broken Waggon from Matt Locke, Esqr., and to sell the same, Concurred with.

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

Resolved, that Robert Rowan, Esqr., before he Enters on the Execution of the offices of Deputy Commissary General of Military Stores and Deputy Clothier General, shall enter into Bond, with sufficient Security, in the Sum of five Hundred Thousand pounds, payable to His Excellency the Governor & His Successors, for the faithful Discharge of the said offices.

Ordered that the following Message be sent to the Senate:

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 Security, &c., before he enters into the Execution of the office of Deputy Commissary General of Military Stores, &c.

The Bill to fill up the Continental Battalions of this State, and other purposes, was read the third time, amended, passed and sent to the Senate.

Received from the Senate the following Message:

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.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

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

-------------------- page 997 --------------------

Received from the Senate the following Message:

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.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

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

Received from the Senate the following Message:

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.

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

It appearing 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.

Resolved, that His Excellency the Governor with the advice of the Council be and he is hereby invested with power to call a meeting of the Assembly sooner than the first Monday in April next, provided it shall appear to be absolutely necessary.

Ordered that the following Message be sent to the Senate:

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

-------------------- page 998 --------------------
of the Council, to call a meeting of the Assembly sooner than the first Monday in April next, provided it shall be absolutely necessary.

Resolved, that the Clerk of this House be and he is hereby directed to deliver to General William Skinner, or his order, the vouchers belonging to the account he stated against the United States, &c., which was delivered into his care by order of this House.

Ordered that the following Message be sent to the Senate:

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 Accounts he Stated against the United States, &c.

Received from the Senate the following Message:

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, 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.

Received from the Senate the following Message:

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.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

We herewith return the Resolve of your House in favour of Martin Armstrong, concurred with.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

-------------------- page 999 --------------------

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, concurred with.

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

Resolved, that each of the Members of the Council of State be allowed the additional Sum of Ten Dollars per Day to what they were allowed by Act of Assembly for each Day they shall be on duty as Councillors of this State.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen of the Senate:

We herewith send, for your Concurrence, a Resolve of this Honse for allowing an additional Sum of Ten Dollars per Day to the Members of the Council of State.

Received from the Senate the following Message:

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.

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

The business of the Session being ended,

Resolved, that the Speaker sign the several Acts as the Acts of Assembly, and the Journal as the Acts of this House.

Resolved, that the thanks of this House be given to the Honorable Thomas Benbury, Esquire, for his able, faithful and public Spirited Services as Speaker of the House of Commons.

By Order
J. HUNT, C. H. C.

A list of the Members of the House of Commons:
Robert Smith.
Samuel Cain.
Robert Peebles.
Thomas Brown.
Willie Jones.
Samuel Williams.
-------------------- page 1000 --------------------
Henry Montford.
William Horn.
Joseph Hawkins.
James Vaughan.
John Macon.
William Hooper.
William Haywood (dead.)
Thomas Sherrod.
Robert Tripp.
Gray Bynum.
John Kennady.
John Norwood.
James Gorham.
John Arnold.
John Williams (Pitt).
Elisha Isaacs.
Frederick Hargett.
Jesse Walton.
Hardy Bryan.
Henry Clark.
John Blackstock.
Jacob Shepperd.
Willis Bright.
Moses Winslow.
Edward Starkey.
William Baker.
John Campbell.
John Humphreys.
William Boyd.
Caleb Grandy.
Phil. Hawkins.
Augustin Willis.
Benjamin Spruill.
Richard Spaight.
Joshua Swain.
Robert Abernathy.
James Campbell.
James Gillespie.
Miles Abernathy.
Stephen Miller.
John Hinton.
John Johnston.
Benjamin Williams.
William Wynns.
Richard Clinton.
Caleb Phifer.
Lewis Bryan—dead.
David Wilson.
Thomas Reading.
Abram Shepperd.
Charles Medlock.
John Luttrell.
William M'Cauley.
Tho. Younghusband.
Mark Patterson.
James Hunter.
Daniel Gillespie.
Jacob Hunter.
John Kimbrough.
Joseph Hancock.
Thomas Person.
Peter Farrow.
Timothy Bloodworth.
Matthew Lock.
Thomas Tullock.
James Howard.
William Morrison.
Samuel Smithwick.