powered by google
Documenting the American South Logo
Colonial and State Records of North Carolina
Advanced Search Options
Minutes of the North Carolina House of Commons
North Carolina. General Assembly
April 16, 1782 - May 18, 1782
Volume 16, Pages 1-177

HOUSE JOURNAL FROM APRIL 16, 1782, TO MAY 18, 1782.

Anson—Stephen Miller and John Jackson.
Beaufort—Richard N. Stevens and John G. Blount.
Bertie—William Horn and David Turner.
Bladen—Benjamin Clark.
Brunswick—William Waters and Dennis Hawkins.
Burke—Waightstill Avery and Joseph McDowell.
Camden—Dempsey Sawyer and Benjamin Jones.
Carteret—
Caswell—David Shelton and Robert Dickens.
Chatham—James Williams and John Ledhill.
Chowan—Michael Payne and Thomas Benbury.
Craven—Wm. Bryan and John Tillman.
Cumberland—Edward Winslow and Patrick Travis.
Currituck—Thomas Jarvis and Joseph Ferebee.
Duplin—Richard Clinton and James Gillespie.
Edgecombe—Robert Diggs and James Wilson.
Franklin—William Brickell and Wm. Green.
Gates—Jethro Sumner and Joseph Reddick.
Guilford—Wm. Gowdy and James Hunter.
Granville—Thomas Person and Philemon Hawkins.
Halifax—John Branch and Benjamin McCullock.
Hertford—Louis Brown and Thomas Brickell.
Hyde—Robert Jennett and John Eborne.
Johnston—Arthur Bryan and Nathan Williams.
Jones—Abner Nash.
-------------------- page 2 --------------------
Lincoln—Robt. Alexander and John Sloan.
Martin—Saml. Smithwick and Saml. Williams.
Montgomery—Robt. Moss and Peter Randle.
Mecklenburg—Caleb Phifer and David Wilson.
Nash—Joseph Arrington and Edward Nicholson.
New Hanover—Timothy Bloodworth and Jas. Bloodworth.
Northampton—John Dawson and James Sikes.
Onslow—Edward Starkey and George Mitchell.
Orange—William McCawley and Mark Patterson.
Pasquotank—Thomas Reading and Wm. Lane.
Perquimons—Jonathan Skinner and Richard Whedbee.
Pitt—James Gorham and John Simpson.
Randolph—Jonathan Harper and Absalom Tatom.
Richmond—Robert Webb and Thomas Crawford.
Rowan—William Sharpe and Samuel Young.
Rutherford—William Gilbert and David Dickey.
Surry—Samuel Cummins and Trangott Bagge.
Tyrrell—Nehemiah Norman and Nathan Hooker.
Wake—James Hinton and Burwell Pope.
Warren—Joseph Hawkins and John Macon.
1 Washington—Joseph Hardin and Thomas Haughton.
Wayne—Burwell Moring and Richard McKinney.
Wilkes—William Lenoir and Joseph Herndon.
Town of Edenton—Dr. Hugh Williamson.
Town of Halifax—Henry Montfort.
Town of Hillsborough—Thomas Farmer.
Town of Newbern—Richard D. Spaight.
Town of Salisbury—Doctor Anthony Newman.
Town of Wilmington—William Hooper.

Pursuant to which the following members appeared, were qualified by taxing the several oaths by Law appointed for the qualification of members of the General Assembly, subscribed to the same and took their seats, viz:

Thomas Benbury, Dr. Hugh Williamson, William Hooper, William McCawley, Michael Payne, Joseph Cole, Micajah Thomas, Phil. Hawkins, Harrison Macon, John Willis, Simon Jeffreys, Joseph

-------------------- page 3 --------------------
Hawkins, Joseph Arrington, John Moore, John Brickell, George Mitchell, William Bryan, Trangott Bagge, Thomas Johnston, Matt. Ramsey, Mark Patterson, Elisha Carr, William Moore, David Turner, Henry Montfort, Joseph B—, David Dodd, Joseph Fereby, Elisha McBride, Jos. Hardin, John Sloan, John Branch, Thomas Haughton, Benjamin McCullock, Burwell Moring, Benjamin Clark, Etheldred Phillips, William Sharp, Lewis Brown, William Slade, Samuel Cummins, William Gilbert, Dr. Anthony Newman, James Wilson, John Macon, James Hunter, Richard McKinney, James Vaughan, John Dawson, Samuel Young, John Johnston, Thomas Crawford, Joseph Herndon, William Lenoir, Thomas Farmer, Thomas Person, Joseph Jones, James Gilbert and Robert Webb, Esquires.

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

At the same time John Hunt was appointed Clerk and Mr. John Haywood, Assistant Clerk, and Lovett Burgess, Assistant Pro Tem.

On motion John Gooding and James Malloy were appointed Door Keepers.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

This House being now formed are ready to proceed on the dispatch of public business.

Mr. Jonathan Harper presented a Certificate of his having been elected a member to represent the County of Randolph on the 22d & 23d Days of March last. The House taking up the Consideration thereof, Resolved the said Election as being legal, and that a Writ issue to the said County for the Election of two Members to Represent said County, in this House and that the said Election be held on the 26th & 27th Inst.

-------------------- page 4 --------------------

Resolved that the following rules of decorum be observed during the sitting of this House.

1st. No Member shall move any Resolve unless he shall Previously reduce the purport thereof to writing.

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

3rd. That no Member shall be allowed to Speak but in his place and after rising and addressing himself to the Speaker, shall not proceed unless permitted by the Speaker, calling him by name.

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

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

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

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

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

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

That no member shall depart the service of the House without leave. No question shall be put on any motion made unless the same is seconded.

When two or more members are up together the Speaker shall determine who rose first.

Whoever violates any of the above rules shall receive such censure as the House shall direct.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

You will herewith receive a Message addressed to His Excellency, the Governor, which we wish to be presented him and have for that purpose on our part appointed Mr. Coor.

At the same time received the address referred to in the above Message which being read and agreed to, Mr. Hooper was appointed on the part of this House to wait on His Excellency, the Governor with the same.

-------------------- page 5 --------------------

Resolved that Mr. Sharpe, Dr. Williamson, Phil. Hawkins, Mr. William Bryan, John Johnston, Wm. Montfort and Wm. Payne, be a Committee on Privileges and Elections.

A Petition from a number of the Inhabitants from New Hanover County, and the Town of Wilmington, complaining of an undue Election for Members to represent the said County in the House of Commons, was presented and read whereupon resolved that the same be referred to the Committee of Privileges and Elections.

Received from His Excellency, the Governor, the following Message:

To the Honorable the General Assembly—Gentlemen:

Since the last meeting of the General Assembly some important events have given a new and far more pleasing face to the present affairs of America and now there is good ground to hope for a successful and not distant Issue to our Struggles, and a commencement to National Greatness and felicity. The Superiority of the Marine force of France over that of Great Britain is decided. The success of the former in their interprises is splendid, important and uninterrupted. The latter is everywhere reduced to efforts of mere defence, which are always the result not of choice but necessity, and even those brave and obstinate, have been generally ineffectual.

The capture of the whole force of the Enemy in Virginia by the allied forces has freed that State from the ravages of a destructive Army, and compelled the British Commanders to contract their posts and withdraw their garrison from Wilmington, in this State, to reinforce their Army in South Carolina. In that State also Gen. Greene with consummate skill and abilities always keeping up a countenance of formidable confidence and attacking them in every quarter with vigor, activity and Judgement, notwithstanding the general inferiority of his force and the inexpressible difficulties he had to encounter, has gained such important advantages that the whole face of the war is changed and the Enemy from being altogether offensive are reduced to defend themselves within their fortification at Charles Town, to which their quarters have long been restricted. Tho’ this prospect of affairs is exceedingly hopeful yet the war still continues, the Enemy have still larger forces in our Country, and nothing can be completed until they are utterly excelled. Tho’ unsuccessful they are still capable of great exertions

-------------------- page 6 --------------------
through the public faith which they have had the wisdom to keep sacred and inviolate under all circumstances and gives them resources that are scarcely to be exhausted. We ought to conclude that for an object of such importance everything will be attempted. It was safe to expect great efforts even when success be impossible, because a Nation so ambitious as Great Britain will long be influenced by the enthusiasm which the pursuit of great objects creates, and her Councils must with great reluctance relinquish prospects which they have held in view so long, such sanguine hopes and at such vast expense to the Nation. Tho’ we have gained great advantages that is not enough, those advantages are to be secured and ought to be improved into compleat and indisputable success. Victory gives strength and energy. Defeat imposes weakness and dismay. While our Arms are prevailing is therefore the precise season for such actions as remain to put us in possession of peace and prosperity.

Concurring events and favorable prospects make it probable that the American Councils will be called on to decide on the most Interesting Questions. At such a Period there is the greatest necessity for full and able representation. The Strength and services of this State enable her to give important assistance to the common Cause, and her sacred engagements as one of the Confederate States as well as her own Interest and safety, make it her indispensable duty to supply her Quota of force, of expense and of Council. The first and most important objects for your consideration will be the recruiting the line in this State in the Federal Army, furnishing the due proportions of revenue and supplies for the support of the war, and the appointing of Delegates to represent the State in Congress and providing for their decent support, while employed in that high and important service.

Altho’ the General Assembly by their Acts have always testified the strongest disposition to provide effectually for those objects yet the views of the Legislature have never been answered and tho’ the People have been put to immense expense the Public have never derived any proportionable benefit. The Draughts directed for recruiting the Army have been but very partially and imperfectly furnished. The Collection of Taxes and supplies have been irregular and unseasonable and the expenditure wasteful and disorderly.

These are matters of a more general concern which require the

-------------------- page 7 --------------------
particular attention of the Representative Body in considering which it may be necessary not only to look forward to future provisions but also to look back to the correction of former defects and oversights which experience has abundantly discovered in the Acts that relate to those several subjects and which their wisdom cannot overlook.

But nevertheless as I esteem it my Duty to point out in General such defects as have occurred in executing the several Laws, I presume to state the following for your consideration. No penalty is provided for the neglect of making the returns of the draughts assigned for the recruiting the Continental Line, nor is it necessary for the Continental officers to make any distinguishing the Counties from whence the draughts have been derived. For this reason it cannot be known what command and Counties have failed in their Duty, nor on which to inflict penalties even were there penalties provided; the same cause renders it difficult, if not impracticable to detect and punish the frauds committed in substitutions, tho’ the evil is very much and I fear with reason complained of. The exemptions for taking up deserters have introduced some shameful practices which want of provision in the expression of the Law left room for.

The Public Collectors are under no particular control, nor are they bound by any Law now in force, either to make returns of their collections or account for their expenditures, except possibly to the General Assembly, who never have leisure for such inquiries. This naturally occasions great negligence and confusion, and renders it impossible to know what can be supplied either in quantity or kind, and as the public wants are often pressing and indispensable, the powers of government must be interposed in a manner unfavorable and unequal and repugnant to the genius of Freedom.

The Specific Taxes being payable in any one Article of produce at the election of the tax-payer has prevented a proper variety in the supplies, which the executive power has been obliged to remedy by commutation and contributions. Some attempts have been made to introduce system and simplicity into the collections and expenditures which will be found in the proceedings of the Council of State but they have not been successful.

It has been found necessary to send Special agents to almost every County Commissioner, who was required to perform his Duty

-------------------- page 8 --------------------
either to interest him therein or to urge him to a more precise execution and the supplying the Army made this expensive and laborious interposition indispensable. The services in Congress became so burthensome to the Delegates who were attending at the time of the last session of Assembly, their continuance long beyond the period proposed at the time of their Election and their want of necessary supplies rendered it too inconvenient to themselves and families to continue their attendance. Only one has attended for many months and the Death of one of the Delegates Elected the last Session and the resignation of the rest have left the State without the power of filling up the representation in Congress during the recess of the General Assembly though pressed thereto by repeated letters which are laid before you.

Several papers from Congress, from General Washington, from General Greene, from the Superintendant of Finance and from the Secretary of War respecting these subjects which I take the liberty of recommending to your most early and serious attention will be laid before you. Those from the Superintendent of Finance unfold to us the prospects of the long wanted economy in the public expenses and contain the true principles on which alone States can make great exertions. Revenues which will insure punctual payments command all the supplies which the public want at moderate prices, and even excite the Industry of the people to create them in greater abundance. In the modes hitherto adopted individuals have been subjected to great injustice and the public have been at inconceivable loss in the waste of supplies as well as expense of collecting and issuing.

The Superintendent of Finance has happily been able to apply a remedy by supplying the Northern Army on contract and the savings are very considerable. It is much to be wished that the Southern States may find themselves in condition to enable him by a punctual collection of an adequate revenue to extend the remedy to the supplies of the Southern Army. This State would derive the advantage of being freed from the necessity of supplying the Army with so great a proportion of the requisite support, without any present compensation, by means inconvenient, unjust and unequal, and from the difficulty, perplexity and waste inseparable from numerous Collectors and infinite claims scarcely capable of check or liquidation. Many other advantages would most certainly result from it

-------------------- page 9 --------------------
and I beg leave to recommend most earnestly that the General Assembly take effectual measures for complying substantially with the request of the Superintendent of Finance and freeing the people from the heavy and unequal burdens which they have so long sustained. I hope I shall be pardoned for dwelling on a subject which so materially affects the property of the people and the supplies of the Army.

As soon as I perceived that no credit was to be given to the States for any supplies furnished by the Act of Congress requiring the specie supplies I conceived it my duty to endeavor an arrangement which would do justice to the State, and accordingly I wrote to General Greene and the Superintendent of Finance. The former has answered me agreeably to my wishes—the latter I have not heard from. This correspondence will be laid before you.

The situation of this State, tho’ much improved since the last meeting of the General Assembly, is not yet peaceable and happy. A considerable part of this Country is stilled infested by those men who were so far abandoned as to attach themselves to the Enemy and become their instruments in perpetrating the most sanguinary and inhumane outrages, to which many good men have fallen much lamented victims.

Great numbers of them have laid down their arms and profess great contrition, and an earnest desire to be received to the protection and clemency of their Country, but with what sincerity must be left to be proved by measures which are now in train for execution and shall be laid before the General Assembly when ripe for their consideration.

Some have undergone the punishment appointed by the Laws, and others have been reprieved on condition of twelve Months Faithful service in the Army.

Against those now in Arms a force is operating and I should have probably the pleasure of informing you that they were before this entirely subdued, had not the deranged and unprovided State of the Troops made it impossible to employ them as early as I intended. I mean that the object be unremittingly pursued until their success shall be compleat. Having early discovered the evil tendency of Arbitrary Impressments, I set myself absolutely to restraining them and hoped finally to render them unnecessary. The measures adopted, though far from being compleated, have had

-------------------- page 10 --------------------
some good effects, and with respect to commerce, they had great success. Perceiving that this delicate and important subject had suffered exceedingly from impressments, and convinced that the wealth and Industry of the Country depend on Commerce, and that rendering the merchant’s property precarious, and depriving him of the Means of carrying on his trade by seizing without payment his stock, must infallibly ruin our Importations and exportations, and leave us without foreign supplies, I prohibited all impressments of merchandize, and I am happy to find that the merchants have supplied freely to the public wants and that the commerce and Industry of the State revive with considerable vigor.

I take the Liberty to recommend to the patronage of the General Assembly this important source of wealth, strength and population.

The disorder of the public accounts calls loudly for a remedy to to distinguish what should be charges against the United States. To obtain just credits in their present State seems impracticable, and tho’ this State has in a great measure supplied the Army for several years, yet it has no credit. The want of it exposes us to reproach as well as to unequal requisitions, and endangers much loss to the State in the General Settlement.

The persons intrusted with public money or supplies have not yet been brought to settlement by all the efforts which have been made.

The Militia Laws require a complete revision, the exemptions have grown into an abuse, and no adequate provisions are made for restraining or governing either men or officers when in actual service. This very important object ought not, for obvious reasons, to be postponed and their force ought to be made as formidable as their numbers.

I have the pleasure to inform the General Assembly we are now better furnished with Arms than for some considerable time past. The insufficiency of the provisions for the Judges and Attorney-General has much embarrassed the Judiciary Department of the Government and threatens to leave the State altogether without Courts of Justice, nor does this arise from want of virtue or a due regard to the public service in those officers, but from an impossibility of performing duties attended with great expenses without the means of paying them.

-------------------- page 11 --------------------

Many abuses and defects will be found to prevail in the detail of Government which could probably be remedied by a steady and vigorous, attentive and prudent administration of the executive power if these greater evils were sufficiently provided against by the Legislature.

Gentlemen:

Having now laid before you those subjects which are of more public importance, either as they relate to the General Confederacy or to our own Internal situation.

I am constrained farther to engage your attention on what relates to those unhappy accidents by which I fell into the hands of the Enemy, and the causes which moved me to escape from them after I had been admitted to parole. I had laid a plan for effectually expelling the Enemy who were then in our country, and for entirely suppressing the disaffected by conspiring together Vigor, Money & Prudence by the Continual operation of an adequate force which alone promised any success. I found great difficulty in collecting such a force from the deranged situation in which I found all departments of Government and the habitual remissness and inattention to orders. This made it necessary to make repeated efforts in person. The lower and Middle Districts were at length put in march and everything required in those quarters were in fair train for answering my views, but the most considerable force was to be drawn from the Western Districts which had far the greater proportion of strength and of Arms. I found that my presence would be necessary to put the District in such order as might afford the requisite assistance and remedy the abuses which prevailed there and of which the people complained. When things were in this situation I received Intelligence of the arrival of the Fleet in Chesapeake Bay, by whose seasonable and fortunate assistance the reduction of the enemies force in Virginia was afterwards affected. The danger of Lord Cornwallis’s situation was evident and it could not be doubted that he would endeavor to make good his retreat through this State if possible. I did not hesitate upon resolving to put our whole force in motion in order to act as occasion might require for opposing, retarding or embarrassing him, or co-operating with the forces in Virginia for reducing him, or if happily this should become unnecessary for seizing the favorable opportunity and attacking the Enemy here upon my original plan, and re-inforcing

-------------------- page 12 --------------------
General Greene so as to give him a decisive superiority. I foresaw that the Garrison at Wilmington would co-operate with his Lordship, and the great Body of the disaffected would be employed to distress the Country and prevent the Militia from collecting to oppose him. I therefore saw that it would be necessary to make such a disposition as would cover the Country from their ravages, while we prepared to dispute the retreat of Lord Cornwallis, and I had given orders accordingly, copies of which are ready to be inspected.

With all these important objects in view, and well knowing that everything depended upon prompt execution, at so critical a season, and that my personal exertions, influence and authority were necessary for every effort, I proposed staying a few days at Hillsborough on my way to Salisbury in order to complete the disposition I had directed in that part of the Country. During my short stay, I received intelligence of the enemies intention to surprise General Butler, who lay with a small party advanced some distance on the South side of Haw River, and knowing that his force and equipments were not sufficient for the necessary resistance, and unwilling to risque any action until we should have a proper force collected, I sent him orders to retreat secretly and take a secure position behind Haw River, which he happily effected.

The Enemy, disappointed in their enterprise, pursued towards Hillsborough in hopes of falling in with him on their march, were informed by their connections in and about Hillsborough that I was there with little or no force, and they instantly made me their object, forgetting, or perhaps not knowing the danger of leaving General Butler with a force in their rear, for which Ignorance or neglect they suffered very severely on their retreat, and were very near being utterly routed.

The covered Country, chiefly in the line of their march, thinly inhabited by people who were either affected to them or indifferent to both parties, enabled them to move a considerable distance unobserved. A dark night and foggy Morning with the neglect of the patroles who were ordered on the roads leading to the Town, enabled them to invest it in the surrounding woods, and a little after sunrise about five hundred entered on all sides. We were in no condition to engage. We had few or no effective Arms, and but few men, even including the Townsmen, who were all peaceably in

-------------------- page 13 --------------------
their houses, and no number was in one place collected. A scattering fire was for some little time kept up, but my house soon became the principal object. To escape was impracticable and resistance was in vain, yet the savage manners and appearance of the men made me expect nothing but massacre, and I preferred dying, sword in hand, than yielding to their barbarity. Thus resolved attended by Capt. Reid, my aid-de-camp, Mr. Huske, my Secretary, and an orderly Sergeant of the Continental Service, and armed only with our swords and pistols, we sustained for some time a close and hot fire, until at length Capt. Reid went through their fire and brought a gentleman in the uniform of a British Officer up to me to whom, after repeated assurances of proper treatment, I gave up my sword. This gentleman had much difficulty afterwards to preserve us from the violence of the men, but being joined by some Highland gentlemen whom I had formerly made prisoners and remembered that they had been treated with humanity, they were at length able to cover us from the fury of our assailants. Thus I became a prisoner, and after a tedious and distressing march in which we suffered every injurious extreme, which to describe would only too much affect your sensibility, we arrived at Wilmington, where I was put up in close confinement as a prisoner of State.

Through the whole of this unfortunate proceeding, the attention and affectionate respect with which I was treated by my fellow prisoners and the firmness and even cheerfulness with which they bore every distress in Company with me afforded me very pleasing, though melancholy sensations, and merit my most grateful acknowledgement and remembrance. The Continental Officers even refused paroles which were offered them on the march and which would have relieved them from much hardship and from the too well grounded apprehensions of being Murdered should a rescue be attempted, because they perceived that I was determined not to degrade myself by giving a parole to a traitorous banditti nor to disappoint the hopes of my Countrymen who I knew was in pursuit. Col. Reid, who alone was permitted to see me when I was confined at Wilmington, was in his attention to me affectionate, assiduous and unremitting, and Mr. William Campbell, at the risque of offending those who had him absolutely in their power supplied me with money and every necessary.

I was at length removed to Fort Arbuthnot on Sullivan’s Island,

-------------------- page 14 --------------------
where I was also closely confined. From thence I wrote to the Commandant at Charles Town demanding reasons for my being treated in a manner different from other American Citizens, and even Magistrates that I might lay them before the Councils of America, who I doubted not would find their Independence concerned in the distinction and would, therefore, retaliate. I was answered respectfully that he would not take upon him to decide, but meantime, I might have a parole either on the Island I was then upon or to James Island which was opposite.

The Island I was upon had no Habitation except the apartments within the fort so that I deemed I had no choice but James Island. Thither I was paroled on the Sixth of November and the people paid me much respect and did everything in their power to make my situation agreeable. After I had been there some considerable time a number of refugees were sent on who became immediately contentious, and I perceived they committed every species of offence, even murder with impunity; their persons were unknown; their dress was all alike, that is literally dirty rags; their outrages were committed in strong parties, and as they always retreated in security to their encampment, it was impossible to detect them; they were under no control or discipline, and they were desperate with want, rage and disappointment. Many of them were refugees from this State, and to them my Political rank and character were particularly obnoxious. That of an American was generally so to all of them, and they were accustomed to murder them without reluctance. I was often threatened, and I considered myself every moment in danger of assassination, but I for some time forebore to represent my situation in hopes of being relieved from it, either by exchange or some interposition of my Country, or a parole on the principles of the late Cartel.

At length a party of the refugees fired on a small group who were at my Quarters and one man was killed on one hand of me and one wounded at a little distance on the other; how much further their violence might have gone I know not had they not been prevented by a British Officer who was in the group, and who, rushing in amongst them seized one, but he was soon afterwards torn from him by his associates. Next morning I wrote to General Leslie requesting a Parole within the American lines, or if that was deemed inexpedient, requesting that I might be removed to a place

-------------------- page 15 --------------------
where my person might be safe, at the same time explaining to him my danger.

General Leslie never answered the Letter, nor was anything done to secure my person, which indeed could only be effected by removing me out of the power of men, who could at any time murder me with impunity, and who were well known to be actuated by passions which would dispose them to it, and who were under no restraints. I remained in hourly expectation of an answer for sixteen days, during all which time I was exposed to those people in continual apprehensions nor was it deemed safe by any one for me to walk out unless in company with several persons whose good sight might supply the defect in mine, and who could be disposed in such manner as to see everything within Rifle shot around me, and I was obliged to vary my place of sleeping frequently and secretly in order to disappoint any design upon me in the night. At length I was informed that General Leslie, excusing himself for not keeping a promise which he gave to some Gentleman of giving me a parole to this State, declared he was prevented by Major Craig’s making a point that I should be reserved as a subject of retaliation for his adherents left behind in this State especially Fanning. Recollecting the Major’s declaration in a letter directed to Governor Nash, and which came to my hands immediately after my accession that he would not hesitate to deliver over to the people who took Arms for his King those prisoners who, from character of situation, are most likely to gratify them in the sentiments of revenge, and having no doubt of the great promises he had made to people whom he was forced to abandon, having also heard of the clamor made by all of the refugees on that occasion, and having penetrated the man during the time of my being his prisoner, no doubt remained with me that I was left in the power of those people in order to appease them, and that I should be sacrificed to their rage, whenever they thought proper without its appearing to be by authority, if therefore no apprehensions of retaliation from my Country could secure me. I was the more confirmed in this when I reflected that Colonel Ash and every Continental officer who had been prisoner in Charles Town refused, at the risque of close confinement, to give a parole for James Island, alleging the apprehensions for their persons from the same set of men as the reason, and that reason was admitted.

-------------------- page 16 --------------------

It was difficult to account on any other principle for my being left in a situation which was deemed too dangerous for other prisoners whose persons could not be more obnoxious than mine, and probably not as much. When I had well weighed all these matters, I concluded myself perfectly released from the obligation of my parole as a Prisoner of War. I well knew that a Prisoner of War surrenders himself as such to save his life from a prevailing enemy; that the strictest parole obliges him to remain within certain limits and to surrender himself when required, but still as a Prisoner of War, such as at the first surrender; that is on condition of being protected in his life and person. This could never imply an obligation to remain where his life and person were exposed to assassination nor to surrender himself in order to be put to death by an executioner. I recollect the case of Lord Drummond and Governor Wright of Georgia and some others on the part of the enemy who had withdrawn from their paroles on the principle of danger to their persons, and of Judge Pendleton on our part and no satisfaction was ever rendered so that the reasoning had the sanction of practice. Feeling myself divested of the protection to which I was entitled to as a Prisoner of War I could not doubt that my obligation, which was equivalent, was dissolved and I was very clear to escape was justifiable. I therefore determined to attempt it, tho’ the attempt certainly would be attended with very great hazard as I might fail in it, and captivity would probably embarrass the State in the execution of the Laws. I wrote a letter which was necessarily to be inspected, to come by a Flag which was soon to set off in which I avowed my knowledge of their intentions to retaliate and requested that the State might execute her Laws regardless of me. After this I expected every moment either to be dispatched or put in close confinement, and believing myself to be no longer bound by my parole, I executed my resolution without delay and effected my escape on the 16th of January.

When I arrived at the headquarters of our Army I wrote by General Greene’s advice a letter to General Leslie of which a copy was to be laid before you. My avowed Intention in that letter was to make such a proposition as would prove to candid Men, that no dishonorable motive induced me to escape and to reserve the liberty of acting in my official character, which I doubted not I had regained if I should find it serviceable to my Country. That proposition

-------------------- page 17 --------------------
if accepted by the Enemy, obliged me to endeavor to procure a just equivalent exchange, or if that could not be effected to return on parole within the enemies lines provided General Leslie would pledge his honor that I should not be treated differently from the Continental officers when prisoners of War, and meantime avowed my purpose of returning to my Government and awaiting his answer. General Greene was so good as to assure me that the equivalent should be tendered if the Enemy accepted the proposition, but they have not. No answer has been returned to me hitherto and I have since written to General Greene that I should expect the answer be the first of this month, or no longer deem myself bound by the proposition as that was time more than sufficient, and I deemed it unreasonable that the Enemy should keep it longer suspended. They have demanded of General Greene my return and he in order to prevent every appearance that might make against me in so delicate a point has endeavored to adjust the matter on terms of exchange which he is far from being under any obligation to admit. The Enemy however are strenuous for having me again in their power but I no longer deem myself under a proposition which was merely voluntary and which the Enemy by not accepting in a reasonable time must be presumed to have rejected. Candor requires me to declare that during my captivity I experienced great politeness from the individual British officers who saw and conversed with me and even the soldiers who formed my Guard, behaved with respect and civility in discharging their duty. I also experienced great attention and civility from some of the former inhabitants of the State and Governor Rutledge was so attentive to me as to send a letter of unlimited credit for me which the Enemy prevented from reaching me. Fortunately I had no occasion for it, having very soon the command of any credit I thought proper which I sometimes made use of in favor of our distressed countrymen, in which I certainly would have gone much further had not my situation prevented my knowing their wants. In short I experienced much private attention and regard but was by the public utterly neglected. The most serious misfortune had happened to me while I was exerting myself strenuously for the common cause and which I should certainly have avoided had I been indolent, negligent or more attentive to my safety than my duty.

-------------------- page 18 --------------------

Tho’ I was confined as a prisoner of State, and that particularly a vowed, and published, and though our Arms were triumphant and our power unquestioned, not the least regard was paid to my situation, no effort was made even to procure me the treatment of a prisoner of War and I was left to subsist as I could though plundered of everything. Congress has also refused to give in exchange for me any but the citizens taken at York a people who the enemy are so far from wishing to regain that they are already burthened with a useless train of them. This was certainly equivalent to a negative and if founded either in justice or utility is incomprehensible to me. All this might have been attributed to the necessity of affairs, if our successes had not put it eminently in our power to have acted on far different principles. I am happy that this conduct has no such excuse, and I take the liberty of a freeman to say that it was both unwise and unworthy and far from that degree of respect to which the State whose Magistrate I had the honor to be is entitled.

It affords me one consolation however which is that the public no longer wants the services of a man whom they could treat with such unmerited neglect and I may hereafter deviate from the principles on which I have hitherto acted, that the public had a right to my best exertions when required.

The nearer I approached to home and the more information I received, the more was I induced to decline forever all public business and I expected to find the General Assembly convened at Salem and into their hands to resign the Trust with which they had invested in me. If there should be no house my intention was to retire into some other State until the next Session that my presence might not make it necessary for me to act in my public character but the Speaker of the Senate suggested to me that this office would expire on the next General election and apprehending that great confusion might arise and much injury to the public especially while preparations were making for a vigorous campaign and the country still remained infested with internal enemies, I conceived that I could not be justifiable in declining to discharge my duty unless I was disqualified. This could not be unless my escape was unjustifiable which was certainly my opinion, notwithstanding my proposition to General Leslie which was solely intended to prove that

-------------------- page 19 --------------------
my motive was not dishonorable. These considerations determined me to resume the government and to continue in the administration of it until the next session of the General Assembly though repugnant to my private interest and inclination. I do not expect to be so fortunate as that every one will judge candidly of an affair so circumstanced as this I have related and I am aware that some men who felt no concern for me while in captivity and who would have been very easy had I been murdered have taken some malicious liberties on the subject of my escape, but I hope for the fair and candid decision of the General Assembly to whom only I deem myself accountable and I forbear to lay before you any correspondence on the subject in the order that the opinions you give may be unquestionably your own on a plain statement of circumstances. I have some other affairs to lay before the General Assembly which shall be prepared for your consideration without delay. After I shall have discharged the duties of my office which may be necessary for the security and more convenient deliberations of the sessions I hope I shall be permitted to return to a more private life which is so necessary to my affairs.

THOMAS BURKE.

Resolved, That the letter referred to by His Excellency in the foregoing message to General Leslie be entered on the journal verbatim which is as follows:

Sir:

You will pleased to recollect that I wrote to you on the 30th of last month requesting a parole within the American lines and informing you that my person was in great danger from the refugees who were exceedingly licentious and to whom persons of my political character are peculiarly obnoxious and therefore that if granting my request was inexpedient it would be necessary to remove me to some place where my person might be safe. You were not pleased to answer that letter and I find myself still exposed to men who are but too well known to be little restrained by moral principles and whom I had seen commit even murder with entire impunity. Deeming it exceedingly probable that they might conceive some violent design against me and knowing the fear of punishment could not restrain men who felt themselves secure even

-------------------- page 20 --------------------
from discovery I felt every hour during sixteen days all the apprehensions of assassination. As my representation to you had not procured your notice so far as even to induce you to answer me, I saw no prospect of being relieved from my dangerous situation and I concluded that such neglect of my personal safety would justify my withdrawing my person. But tho’ I carried this resolution into effect I do not thereby intend to deprive you of the advantage which my capture would by the rights of war entitle you to. I purpose returning to my government and there to expect an answer from you to the following proposition. I will endeavor to procure for you a just and reasonable equivalent in exchange for me or if that cannot be effected I will return within your lines on parole provided you will pledge your honor that I shall not be treated in any manner different from the officers of the Continental Army when prisoners of war.

This proposition will I hope be satisfactory and will leave you no doubt that in withdrawing I had no dishonorable Intentions.


Jan. 18, 1782.

Ordered that the foregoing message from His Excellency the Governor together with the papers therein referred to be sent to the Senate with the following message:

Mr. Speaker and Gentlemen:

We herewith send for your consideration and perusal a message from His Excellency the Governor accompanied by sundry letters from the President of Congress and the Superintendent of Finance. On motion, resolved that Mr. John Brickell have leave to absent himself from the service of the House for a few days.

The House adjourned until to-morrow morning at 9 o’clock Wednesday 17, April, 1782.

The House met according to adjournment.

Mr. Stephen Miller and Mr. John Jackson the members for Anson county, and Mr. David Dickey one of the members for Rutherford county appeared were qualified and took their seats.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

The Senate has appointed Mr. Brown, Mr. William Baker, and

-------------------- page 21 --------------------
William Hill a Committee who will act jointly with such gentlemen as you may appoint to receive the returns from the District Auditors and to settle with such county commissioners as may attend this General Assembly for that purpose and make report thereof.

Mr. Speaker and Gentlemen:

This House have appointed Mr. Medlock, Mr. Grainger, Mr. Kenan and Mr. Johnson a Committee of propositions and grievances, who will act jointly with such of your body as may be appointed for that purpose.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House have appointed Mr. Badge, Mr. Montfort, Mr. Young, Mr. John Johnson and Mr. Harrison Macon as a Committee on their part to act jointly with the Gentlemen by you appointed as a committee to receive the returns from the District Auditors and to settle with the County Commissioners &c. And Mr. Bryan, Mr. Parson, Mr. Culloch, Mr. John Macon and Mr. Bagge as a Committee of propositions and grievances.

Mr. Hooper moved for leave and presented a Bill to restrain the propagation of diseases amongst horned cattle which was read first time passed and sent to the Senate.

Mr. Hooper presented a Memorial from a number of inhabitants of the Town of Wilmington and its vicinity which being read was ordered to be referred to a joint committee to examine and report upon; the members appointed on the part of this House Mr. Sharpe, Dr. Williamson, Mr. Payne, Mr. Person and Mr. J. Hawkins.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

This accompanies a Memorial from a number of the inhabitants of the town of Wilmington and its vicinity which we propose referring to a Joint Committee, and have for that purpose, on our part, appointed Mr. Sharp, Dr. Williamson, Mr. Payne, Mr. Person, Mr. J. Hawkins, a Committee. Dr. Williamson moved for leave, and presented

-------------------- page 22 --------------------
a Bill for the promotion of Learning in the District of Edenton, which was read the first time, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

This House propose that the Petition of John Cole, John Crawford, and Mary Mullen herewith sent you be referred to the Committee on Propositions and Grievances to consider of and report on.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House agree that the Petitions of John Cole, John Crawford and Mary Mullen be referred to the Committee on Propositions and Grievances.

On reading the recommendations of Wilkes County Court in favor of James Jackson:

Resolved, That the said Jackson be exempted from paying poll-taxes for the future.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve of this House for exempting James Jackson of Wilkes County from paying poll-taxes.

The Honorable Speaker laid before the House an address from William Tisdale, Esq., who, by a Resolution of the last General Assembly, suspended from the office of Judge of the Court of Admiralty for Port Beaufort, relative to the said suspension, which, being read, was ordered to be reported to the Committee on Propositions and Grievances.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send for your perusal and consideration an address from William Tisdale, Esq., on the subject therein mentioned, which we propose referring to the Committee on Propositions and Grievances.

Dr. Williamson moved for leave, and presented a Bill for regulating

-------------------- page 23 --------------------
the town of Edenton, which was read the first time, passed and sent to the Senate.

The House adjourned till 3:00 o’clock P. M.

The House met according to agreement.

The Honorable Speaker laid before the House a letter from Maj. Hardy Murfree inclosing a return of sundries impressed for public purposes by order of His Excellency, Governor Nash, which, being read, was ordered to be sent to the Senate with the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your perusal a return of Sundries impressed for public Service.

Read a petition from a number of Inhabitants of Rowan County in favor of Edward Turner, which was rejected.

Read a petition from John Walker, Esq., complaining of an undue election for a member to represent the town of Wilmington in the General Assembly; ordered that the same be referred to the Committee on Privileges and Elections.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Senate have appointed Mr. Jones, Mr. Coor, Mr. Macon, Mr. Irwin and Mr. Moore, a Committee who will act jointly with such Gentlemen of your Body as may be appointed to consider of and report on His Excellency, the Governor, the Message of yesterday, the Resolves of Congress, &c., accompanying it, and prepare and bring in Bills relative to the Subject Matter of such of them as they may think proper.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House have appointed Mr. Sharpe, Mr. Johnson, Mr. P. Haw. kins, Mr. Montfort, Mr. Bagge, Mr. Person, Mr. Bryan, Doctor Williamson a Committee on their part, who will act jointly with the Gentlemen of the Senate appointed as a Committee to consider of and report on His Excellency, the Governor’s Message of yesterday, Resolves of Congress, &c., accompanying it, and prepare and bring in

-------------------- page 24 --------------------
Bills relative to the Subject Matter of such of them as they may think proper.

Received from the Senate a Bill to establish a Court of Equity in the State of North Carolina.

A Bill to restrain the propagation of diseases amongst horned cattle.

A Bill for regulating the Town of Edenton.

A Bill for the promotion of learning in the District of Edenton. Endorsed in the Senate, April 17th, 1782, read the first time and passed.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

Mr. Moore, Mr. Griffin, Mr. Lockhart, Mr. Kenan and Mr. Isaacs will, on the part of this House, act with the gentlemen, by you appointed, to consider of and report on the Memorial of the Inhabitants of Wilmington and its vicinity.

Mr. Speaker and Gentlemen:

This House propose that the return of Sundries impressed for the use of the public as made by Mr. Hardy Murfree be filed among the papers belonging to the General Assembly.

If you approve of this measure you will cause the same to be done.

Mr. Speaker and Gentlemen:

This House agree that the letter from William Tisdale, Esq., and the papers accompaying it be referred to the Committee on Propositions and Grievances.

Mr. Speaker and Gentlemen:

You will herewith receive a Letter from Sundry of the Inhabitants of New Hanover County addressed to the General Assembly, which we propose referring to the Committee on Propositions and Grievances.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House agree that the Letter from a number of the Inhabitants

-------------------- page 25 --------------------
of New Hanover County be referred to the Committee on Propositions and Grievances.

Received from His Excellency, the Governor, the following Message:

To the Honorable the General Assembly—Gentlemen:

I send for your perusal Sundry papers respecting the line of this State in the Federal Army, and also several papers on mixed Military Subjects, which may in some degree elucidate the matters already laid before you.

It is with the highest pleasure I observe that, in general, they reflect much honor upon the corps, and bear the fullest testimony to the merit of our officers, many of them describe their wants and suffering, but it is with truth and modesty. To recommend them to the particular attention of the Representatives of their Country must be superuflous, as every man of sense and honor, either in the collective or Representative body, must know the worth of. Men who have suffered severely for their country and served it ably and faithfully in the most trying circumstances, and we must feel that they are entitled not only to justice but to liberality.

The Cartel settled between General Greene and Lord Cornwallis for the exchange of Prisoners in the Southern States has occasioned a Correspondence of a very interesting nature which is also laid before you.

As I have explained myself fully in my letter and laid down the only line by which in my opinion the Chief Magistrate can Act with becoming firmness and necessary prudence, I will not enlarge upon it.

THOS. BURKE.

To the Honorable the General Assembly—Gentlemen:

I send you some Intelligence which came to hand late last night. Orders are dispatched to the Districts of Edenton and Newberne for raising five hundred Militia in each in order to Cover such places as may appear to be the objects of the Enemy. This measure may agreeably to the Constitution require your sanction.

THOS. BURKE.
-------------------- page 26 --------------------

At the same time received the papers, Letters, &c., referred to in the foregoing Message which being read were ordered to be referred to the joint Committee, appointed to take under consideration the Letters, papers, &c., received with His Excellency’s Message of yesterday.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

We herewith send for your perusal the Messages from His Excellency the Governor addressed to the General Assembly and the Letters, papers, &c., therein referred to, which we propose referring to the Committee appointed to take under consideration the several papers, &c., referred to in His Excellency’s Message of yesterday.

The House Adjourned until To-morrow Morning, 9 o’clock.


Thursday, 18 April, 1782.

The House met according to Adjournment.

Mr. Sharpe presented a Petition from Frederick William, Marshall of Wachovia, in Surrey County, praying, &c., which being read, Mr. Sharpe moved for leave and presented a Bill agreeable to the prayer of the said Petition, which was read the first time passed and sent to the Senate.

Mr. Jeffreys moved for leave and presented a Bill to compel the attendance of members of the General Assembly, which was read the first time passed and sent to the Senate.

Mr. James Hinton, one of the Members for Wake County, Mr. Abner Nash, one of the members for the County of Jones; Mr. Edward Winslow, one of the members for the County of Cumberland; and Mr. Robert Jinnett, one of the members for Hyde County, appeared, were qualified and took their seats.

Mr. Sharpe presented a Petition from Colonel Thomas Clarke in behalf of himself, his brother John Innis Clark, and his sister, Ann Hooper, respecting an Estate in the hands of James Murry, Esq., which being read, Mr. Sharpe moved for leave and presented a Bill agreeable to the Prayer of said Petition which was read the first time passed and sent to the Senate.

Dr. Williamson moved for leave and presented a Bill for giving

-------------------- page 27 --------------------
an Equity Jurisdiction to the Superior Courts, which was read the first time, passed and sent to the Senate.

The Bill to establish a Court of Equity in the State of North Carolina was read the first time, passed and sent to the Senate.

Mr. McCulloch presented a Petition from John Hay, praying that an Act be passed to invest in him the said John Hay, his heirs, &c., Certain Lands in Duplin County, which being read Mr. McCulloch moved for leave and presented a Bill agreeable to the prayer of the said Petition which was read the first time passed and sent to the Senate.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House propose referring the Petition of John Hay herewith sent you to a joint Committee and have for that purpose appointed Mr. J. Hawkins, Mr. McCulloch and Mr. Herndon a Committee on their part.

Dr. Williamson moved for leave and presented a Bill for building a Prison and Jailor’s House in the Town of Edenton which was read the first time, passed and sent to the Senate.

Received from the Senate a Bill to compell the attendance of Members of the General Assembly.

A Bill to vest in Frederick William Marshall, of Salem, in Surrey County, Esq., the Land of the Unitas Fratrum in this State, for the use of the said United Brothers, and other purposes.

A Bill to prolong the time of saving Lotts in Warrenton, in Warren County. Endorsed, in Senate, 18 April, 1782, read the first time and passed.

The Bill to prolong the time of saving Lotts in Warrenton, in Warren County, was read the first time, passed and sent to the Senate.

Read the Petition of Joseph Benthall, Jr., of Hertford County, praying, &c., ordered that the same be referred to a joint Committee and that Mr. Branch, Mr. Mitchell, Mr. Jeffreys, Mr. Horton and Mr. Turner be a Committee on the part of this House for that purpose.

Ordered that the following Message be sent to the Senate.

-------------------- page 28 --------------------

Mr. Speaker and Gentlemen:

This House proposes referring the Petition of Joseph Benthall herewith sent you to a Committee, and have for that purpose appointed Mr. Branch, Mr. Mitchell, Mr. Jeffreys, Mr. Horton and Mr. Turner on their part as a Committee.

Resolved, That the Secretary of the State be requested to lay before the General Assembly a list containing the number and names of Justices of the Peace in each County distinguishing such as stand appointed and to whom commissions have not been issued.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

We send for Concurrence a Resolve requesting the Secretary to lay before the General Assembly a list of the Justices as therein mentioned.

Mr. Mitchell presented a petition from the Justices, Military Officers and other respectable inhabitants of the County of Onslow, in favor of Stephen Shackleford, which being read was ordered to be sent to the Senate with the following Message.

Mr. Speaker and Gentlemen:

We send herewith for your perusal a Petition from the Justices, &c., in Onslow County, on the subject alluded to.

The House adjourned til 3 o’clock p. m.

The House met according to adjournment.

Mr. Joseph Jones moved for leave and presented a Bill for allowing the times of holding certain Courts therein mentioned which was read the first time, passed and sent to the Senate.

Resolved, That His Excellency, the Governor, be requested to lay before the General Assembly the Descriptive lists of the volunteers, Drafts, and Substitutes (returned by the Brigadiers or Commanding Officers of the several Districts) raised to serve twelve months, in virtue of an act of Assembly passed at Halifax on the 14th February, 1781, or such of those lists as have been received by His Excelleney.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

We send herewith for your concurrence a Resolve requesting His

-------------------- page 29 --------------------
Excellency, the Governor, to lay before the General Assembly, the Descriptive lists therein alluded to.

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


Friday, 19 April, 1782.

The House met according to Adjournment.

General William Caswell, one of the members of Dobbs County; Mr. Jonathan Skinner, one of the Members for Perquimons County; Mr. Richard Dobbs Speight, Member for the town of Newbern; Mr. Richard Whidbee, one of the Members for Perquimons County; Mr. James Gorham, and Mr. John Simpson, the Members for Pitt County; and Mr. Richard Nassau Stephens, one of the Members for Beaufort County; appeared, was qualified and took their seats.

Received from the Senate the following Messages.

Mr. Speaker and Gentlemen:

Mr. Jones, Mr. Irwin, and Mr. Isaacs, will Act with the gentlemen by you appointed to consider of and report on the Petition of John Hay.

Mr. Speaker and Gentlemen:

We agree that His Excellency the Governor’s Message of yesterday, and the papers accompanying them be referred to the Committee appointed to take under consideration his other message to the General Assembly and the State papers.

Mr. Speaker and Gentlemen:

Mr. Mebane, Mr. Hill, and Mr. John Baker, will act with the Gentlemen by you appointed to consider of and report on the petition of Josiah Benthall.

Received from the Senate a Bill for giving an Equity Jurisdiction to the Superior Courts.

A Bill for building a Prison and Jailor’s House in the Town of Edenton.

A Bill for appointing commissioners to examine the claims of Thomas Clark and others against the Estate of James Murray and other purposes therein mentioned. Endorsed, In the Senate 18th April, 1782, read the first time and passed.

-------------------- page 30 --------------------

Received from His Excellency, the Governor, the following Message:

To the Honorable the General Assembly—Gentlemen:

Sundry Acts of Congress, Letters from the President, Letters from the Delegates and a Letter from the Minister Plenipoteniary of his most Christian Majesty, which arrived in the recess of the General Assembly, will be laid before you. Also Letters from Marquis de Bretigny, and others on the Subject of His Agency.

Also Sundry papers respecting the Capture of a Flag of Truce in the Harbor of Edenton after she had been surrendered and in possession of the Commanding Officer of Chowan County.

This affair, which will be fully explained by the papers appearing to me to be an Insult to the dignity of this State, I have resolved to Chastise the offenders, but deeming it necessary to prevent the appearance of offence to Virginia where they had taken Shelter, the measures I took for that purpose were mistaken by the Governor, and he undertook to give satisfaction in a matter which has proved to be out of his power, and which was never required.

It being far from my opinion that the matter though of much consequence, was so serious as to justify a quarrel with a friend and confederate neighbor who had no intention to offend us, I pursued it no farther with the State than when I perceived their apprehensions, but resumed my first intention which were however frustrated by the delay occasioned by the Interposition of Virginia.

I esteem it my duty to lay the whole transaction before the General Assembly and I beg leave to add in order to give the General Assembly an opportunity of restraining or admitting the power that I intended by virtue of the Supreme Executive Authority to have punished the officers in so exemplary a manner, as might deter others from insulting the dignity of the State. What measures shall be hereafter taken will rest with the General Assembly to direct.

Some papers also will be laid before you which have just been delivered to me from the Speaker of the Senate together with his letters and my answer.

At the same time received the several Letters and State papers referred to in the above message which being read were ordered to be

-------------------- page 31 --------------------
referred to the joint Committee, to whom the other State papers received from His Excellency the Governor were referred.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith a Message from His Excellency the Governor addressed to the General Assembly Accompanied by the Several Letters and State papers therein referred to, which this House propose referring to the same Committee to whom the other State papers were referred.

Received from the Senate a Bill for altering the times of holding certain Courts therein mentioned.

A bill to invest in John Hay the property of certain Lands in Duplin County Endorsed in Senate 19 April, 1782, read the first time and passed.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

You will with this receive the Report of the Joint Committee to whom was referred the Memorial of John Hay, Concurred with by this House.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return herewith the Report of the joint Committee to whom was referred the Memorial of John Hay, Concurred with by the Commons, who have added the Honorable Abner Nash, Esquire, to the Committee to whom the several State papers were referred.

Mr. Sharpe from the Committee of privileges and Elections Reported as follows, Viz:

That in the opinion of your Committee the last annual Election of a member to represent the town of Wilmington was illegally conducted by the Sheriff, and Inspectors and that the seat of William Hooper, Esquire, the sitting member ought to be vacated. That a Writ of Election ought to immediately to issue for the Town of Wilmington to elect a Member to represent the Said town.

That the Sundry papers and affidavits respecting the Election for the Town of Wilmington and County of New Hanover ought to

-------------------- page 32 --------------------
be transmitted to the Attorney for the State, and that he be required to inquire into the conduct of that Election and prosecute such of the parties as may have appear to have violated the Law.

The House taking the said Report into consideration Concurred therewith.

Received from the Senate the following Message.

Mr. Speaker and Gentlemen:

The Resolve of your House requesting the Secretary of the State to lay before this Assembly a List of Justices of the Peace as herein mentioned we return you concurred with.

Mr. Speaker and Gentlemen:

The Resolve of your House requesting His Excellency the Governor to lay before the General Assembly the Descriptive Lists therein alluded to. You will herewith receive Concurred with.

At the same time received the Resolve referred to in the two foregoing Messages concurred with.

Received from the Senate the following Message.

Mr. Speaker and Gentlemen:

The Senate appointed Mr. Grainger, Mr. Brown, Mr. Griffin, and Mr. Gregory a Committee who will act jointly with such of your body as may be appointed to hear and report on such reasons, as may by any officers of this State who have taken paroles from the enemy be urged in justification of their having so done.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

This House has appointed Mr. P. Hawkins, Mr. Nash, Mr. Gillespie and Mr. Young, a Committee, on their part who will act jointly with the gentlemen by you appointed, as a Committee to hear and report on such reasons as may by any officers of this State who have taken paroles from the Enemy be urged in justification of their having so done.

The Bill for the promotion of learning in the District of Edenton was read the second time, amended, passed and sent to the Senate.

-------------------- page 33 --------------------

Dr. Newman presented a Petition from Sundry, the inhabitants of Salisbury and its vicinity, complaining of the great distresses occasioned by impressing supplies, &c., for the use of the Army which being read was ordered to be referred to the Committee of propositions and grievances.

Ordered that the following Message be sent to the Senate with the petitions above mentioned:

Mr. Speaker and Gentlemen:

We herewith send you a petition from sundry inhabitants of Salisbury, and the vicinity thereof, which we propose referring to the Committee on propositions and grievances.

Resolved, That a Writ of Election issued for the Election of a Member to represent the Town of Wilmington in this House, that the said Election be held on the third Monday and Tuesday in June next.

Received from the Senate a Bill to prolong the time of saving Lotts in the several Towns in this State.

Endorsed in the Senate, 19 April, 1782, read the second time and passed.

The House adjourned till 4 o’clock p. m.

The House met according to adjournment.

Mr. David Wilson and Mr. Caleb Phifer, the members for Mecklenburg County, appeared, were qualified and took their seats.

On reading recommendations of the Courts of Surrey and Duplin Counties, Resolved that Christopher Kirshner of Surry County, and Isaac Dawson of Duplin County be exempted from the payment of poll taxes.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

We send herewith a Resolve of the House for exempting Christopher Kirshner of Surry County and Isaac Dawson of Duplin County from the payment of poll taxes.

The Bill to restrain the propagation of diseases amongst neat cattle was read the second time, amended, passed and sent to the Senate.

-------------------- page 34 --------------------

A Bill to vest in John Hay the property of certain Lands in Duplin County was read the second time, amended, passed and sent to the Senate.

The House adjourned till To-morrow morning 9 o’clock.


Saturday, 20th April, 1782.

The House met according to adjournment.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We agree that His Excellency, the Governor’s Message to the General Assembly of this day, together with the papers accompanyihg it, be reterred to the Committee to whom was referred his former Message and the State Papers accompanying them.

Mr. J. Hawkins presented a Memorial from Bennett Crafton, Major of the State Regiment, which being read resolved that the same be referred to a joint Committee. That Mr. J. Hawkins, Mr. Wilson, Mr. H. Macon, Mr. Ramsey be a Committee on the part of this House for that purpose.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith the Memorial of Bennett Crafton, which we propose referring to a joint Committee and have for that purpose appointed Mr. J. Hawkins, Mr. Wilson, Mr. H. Macon, and Mr. Ramsey, a Committee on the part of the House for that purpose.

Ordered that the following Address be sent to His Excellency, the Governor.

To His Excellency, Thomas Burke, Esqr., Governor, Captain General, &c.:
Sir:

The General Assembly being informed that your Excellency has issued orders for raising and embodying a number of Militia in the District of New Bern and Edenton, to prevent the Enemy from committing depredations on the sea coast in those districts, if your Excellency has not received any intelligence respecting a Descent intended by the Enemy on the seacoast of this State more than what you have communicated to the General Assembly, they would

-------------------- page 35 --------------------
suggest the impropriety of embodying the Militia in that quarter as the Enemy have embarked and put to sea.

Sent by Mr. Bryan and Mr. McCulloch.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House propose balloting at four o’clock Monday next for a Governor (and Naval Officer for Port Brunswick) and put in nomination for Governor Alexander Martin, Samuel Johnston, William Sharp, Thomas Burke and John Williams of Granville, Esquires.

For naval officer John Walker, Thomas Craik, and John James.

If you accede to this proposition, you will signify the same by message.

Resolved, That Mr. Cain have leave to absent himself from the service of the House until Monday next.

The House adjourned until Monday Morning, 9 o’clock.


Monday, 22nd April, 1782.

The House met according to adjournment.

Received from the Senate a Bill to vest in John Hay the property of certain Lands in Duplin County. Endorsed in the Senate 20th April, 1782. Read the second time, amended and passed.

Mr. Burwell Pope, one of the members for Wake County, and Mr. Thomas Reading, one of the members for Pasquotank County, appeared, were qualified and took their seats.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

The Senate have added Dr. Guion to the Committee appointed to consider of and report on His Excellency, the Governor’s, Message and the State papers, laid before this Assembly.

Mr. Speaker and Gentlemen:

The Senate have appointed Mr. Gill, Mr. Salter, and Mr. Grainger a Committee who will act jointly with the gentlemen by you appointed, to consider of and report on the Memorial of Bennett Crafton.

-------------------- page 36 --------------------

Mr. Speaker and Gentlemen:

We return herewith the resolve of your House exempting Christopher Kirshner and Isaac Dawson from the payment of poll taxes. 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 Messages:

Mr. Speaker and Gentlemen:

This House agree that the petition of Sundry Inhabitants of Salisbury and its vicinity be referred to the Committee of Propositions and Grievances.

Mr. Speaker and Gentlemen:

We propose that the Memorial of William Blount here withsent you be referred to the Committee of Propositions and Grievances to consider of and report on.

At the same time received the Memorial referred to in the above message which being read was ordered to be entered on the Journal as follows:

To the Honorable the General Assembly of North Carolina:

The Petition of William Blount humbly showeth that your petitioner did in May, 1780, settle his accounts with your Committee when there appeared a balance in his hands unaccounted for of fourteen thousand five hundred and sixty seven pounds sixteen shillings and four pence as will appear by the report of the said Committee. In June and July following he received from the Public Treasury for the use of his department eight hundred and seventy-five thousand pounds currency, the greater part of which your petitioner had in camp August 16th, 1780, on which unfortunate day your petitioner with pain is constrained to add that upwards of three hundred thousand pounds of the above sum was by him lost, together with many articles of his own private property, and never since recovered. Your petitioner does not conceive himself bound in justice to replace this sum to the public no more than every other person, who on that day lost any other kind of public property. Yet as your petitioner wishes to remove every imputation of injury

-------------------- page 37 --------------------
done the public by him and to the end that the mouth of defamation in this head may be silent, it is the prayer of the petitioner that you will be pleased to pass a resolution directing the Auditors to settle the accounts of your petitioner agreeable to the current mercantile depreciation. That is to say that your petitioner shall be charged for the money in his hands, accounted for at the value it ought to have been paid out of his hands at, and that your petitioner shall have credit against such debit, for all money by him paid away at the value it was paid at and your petitioner is in duty bound will pray.

WM. BLOUNT.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen.

This House Agree that the Memorial of William Blount, Esqr., be referred to the Committee of propositions and grievances, &c.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

The Senate agree that the General Assembly ballot at 4 o’clock this evening for a Governor of this State for the current year and put in nomination for Governor the honorable Alexander Martin, Samuel Johnston, William Sharp, Thomas Burke and John Williams of Granville, Esqrs.

For a Naval officer for Port Brunswick Thomas Craik, and John Walker, Esqrs. and propose that the ballotting be conducted at the Church. You will receive the Memorial of Mr. Craik respecting the appointment of a Naval officer for said port.

Ordered that the following Message be sent to the Senate:

This House agree to ballot at the Church, this morning for a Governor (and Naval officer for Port Brunswick) and have appointed Mr. Winslow, and Mr. McCulloch to superintend the ballotting.

The Bill to vest in Frederick William Marshall of Salem in Surry County, Esqr., the Lands of the Unitas Fratrum in this State for the use of the said United Brethren, and other purposes, was read the second time amended, passed and sent to the Senate.

-------------------- page 38 --------------------

Mr. Stephens presented a Petition from a number of the Inhabittants of Beaufort County praying that a town be established by public authority at the forks of Tar River which being read Mr. Stephens presented a Bill agreeable to the prayer of the said petition which was read first time, passed and sent to the Senate.

Mr. Sharpe presented a petition from a number of the Inhabitants of Rowan County praying that the Regiment of Militia of the said County be divided into two separate and distinct Regiments, and being read, Mr. Sharpe presented a Bill agreeable to the prayers of said Petition, which was read the first time, passed and sent to the Senate.

Mr. P. Hawkins presented a Memorial from James Tate, which being read, ordered that the same be referred to a joint Committee. That Mr. Webb, Mr. Spaight, Mr. Hawkins, Mr. Phifer and Mr. Moore be a committee on the part of this House for that purpose.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith a Memorial from James Tate, which we propose referring to a joint Committee and have for that purpose on our part appointed Mr. Webb, Mr. Spaight, Mr. Hawkins, Mr. Phifer and Mr. Moore a Committee.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

Mr. Coor, and Mr. Macon, on the part of this House, will superintend the Balloting for a Governor, &c.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

This House have appointed Mr. Nash, Mr. Sharpe, Mr. Person, Mr. J. Johnson, Mr. Spaight and Mr. McCulloch a Committee on this part who will act jointly with such Gentlemen of the Senate as may be appointed to prepare and bring in a Bill of attainder. A Bill repealing the act making paper money a tender in payment of debts, &c., and a Bill for paying all private debts and contracts, and making out a Table of depreciation for such cases to which it may be applicable.

-------------------- page 39 --------------------

The House adjourned til half an hour after 3 o’clock P. M.

The House met according to Adjournment.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons propose that the Scrolls of paper or Ballots for a Governor should be put in a box, separate from the box in which the Scrolls or Ballots for a Naval Officer shall be in.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Senate agree that the Scrolls of paper in Balloting for a Governor, &c., be put in a Box Separate from those that are for a Naval Officer and propose that the Ballotting begin immediately. Mr. Winslow, one of the Committee appointed on the part of this House to Superinted the Ballotting for a Governor and for a Naval Officer for Port Brunswick, Reported that by a Majority of the votes of both Houses of the General Assembly the Honorable Alexander Martin, Esquire, was Elected Governor, and John Walker, Esquire, Naval Officer for Fort Brunswick.

The House taking the said Report into Consideration concurred therewith.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Senate have added General Lock to the Committee appointed to consider of and report on His Excellency the Governor’s Messages to this General Assembly and the State papers accompanying them.

Mr. Harrison Macon moved for leave and presented a Bill for leving a further Tax of —— Shillings on every hundred pounds value of Taxable property in the County of Cambden for defraying the expence of compleating the Public buildings thereof, which was read the first time, passed and sent to the Senate.

The House adjourned until tomorrow morning at 9 o’clock.

-------------------- page 40 --------------------

The House met according to Adjournment.

Received from His Excellency the Governor the following Messages of yesterday:

To the Honorable the General Assembly—Gentlemen:

This Afternoon is appointed for the Election of a Governor, and I am in nomination. Permit me to say it was my wish that the several Intimations I have given the General Assembly might have prevented any Gentleman from naming me as a candidate for an office which I sincerely wish to be filled by a much abler man, or by any man rather than myself. When the General Assembly did me the honor to make choice of me for their Chief magistrate, tho’ nothing could be more injurious to me or more repugnant to my inclinations, I accepted the trust because I was apprehensive that declining it would be Construed into a doubt of our Success, which at a time when our prospects were overcast, might have had bad Consequences. Happily, that reason no longer exists, and I do not now feel the necessity of sacrificing my time and Industry, which are absolutely necessary to retrieve my private affairs from the ruin in which my being constantly employed in public Service for several years has very nearly involved them. My misfortunes during this year have been heavy and complicate and have involved me in debts and in private distresses which it would be painful to particularize. I hope it may be sufficient to say that it will require the best exertions of my Industry to Extricate me from them.

Tho’ I could offer many other reasons, I hope they are unnecessary, and that what I have said will sufficiently justify my request that my name be struck out of the nomination.

As this will, I presume, be the last Message I shall have the honor to send the General Assembly I hope I shall be indulged in requesting that they may point out some mode whereby I am to settle my accounts, for such applications as I have made of the Monies voted for the Contingencies of Government during my Administration, and of such other Supplies as have fallen under my direction; Also to inform me whether I am to consider the advances made on my Credit to the Citizens of this State when prisoners with the Enemy, are to be ultimately borne by the public or

-------------------- page 41 --------------------
myself. Though several of my vouchers I fear are lost through the destruction of my papers by the Enemy, yet I had rather suffer the loss of the Sums they may be for than leave unsettled Accounts, and give the least color for ranking me in the number of public defaulters.

On the 20th a Message was delivered to me by two members from the House of Commons purporting to be from the General Assembly but it does not appear to be Concurred in by the Senate. Altho’ I cannot consider any body to be the General Assembly of this State except the Senate and House of Commons assembled for the purpose of Legislation, yet in respect to the suggestion of that message, the orders therein alluded to were, contrary to my Judgment, countermanded. Whether the omission of the Concurrence of the Senate was by oversight or design, I presume it will be deemed necessary to prevent an Act from being drawn into precedent, by which one Branch Assumes the Authority of the Whole Legislature.

I hoped to have attained during the Session returns from the Brigadiers of the Militia but none are yet come in but such as appear in an imperfect General return herewigh sent to you. I had also taken measures for procuring a State of the Quarter Master and Commissaries department which I hope will produce some effect before the General Assembly adjourns from hence. Some returns from the Quarter Master are already come to hand. One more thing I beg leave to trouble the General Assembly with. During the misfortune of my captivity I had great obligations to a few persons who were then with the Enemy.

Those to Mr. William Campbel have already been suggested. A Mr. John McLean and A Mr. McIver of Cumberland, and Mr. Murphy of Surrey County have not before now been mentioned. In favor of the first there is a Petition which will be laid before you and which only speaks what I well know to be true, relatively to his behavior to those who were with me in the hands of a barbarous Enemy. The two latter continued to us the most humane care and attention during our long and harassing March and more than once prevented our being murdered. I have the clearest conviction that all those persons are proper objects for the mercy of the State and did I not feel my personal obligations to them I

-------------------- page 42 --------------------
should not hesitate upon extending it to them by virtue of the power vested in me for such purposes, but as every thing Intrusted Magistrates of a free people ought to be exercised from altogether public motives and without the least Suspicion of the Influence of private affections I am unwilling to execute the power of pardoning in this Instance, without consulting the General Assembly. This induces me to trouble them on a Subject otherwise not sufficiently important for their deliberation. I request therefore that I may be favored with their advice time enough to enable me to execute this Act of Mercy mingled with gratitude before I go out of office.

THOS. BURKE.

To the Honorable, the General Assembly—Gentlemen :

Several papers containing complaints and requests to the granting or redressing of which the General Assembly is only fully Competent will be laid before you.

Also some papers respecting the Agency of the Marquis De Bretigny which came to hand on the 19th. Perhaps the General Assembly may think with me that it is high time to inquire into the utility of this Agency and to resolve speedily either to close or continue it as may appear from the result of such enquiry.

I also send for your perusal the proceedings of the Council of State since my return (of the former proceedings I am possessed only of a Copy, the Clerk of the Council not being yet arrived with the originals) as these contain the measures which I had concerted for reducing the State to peace and good order. They will best inform the General Assembly of the principles upon which those measures were founded and best enable them to judge whether it be eligible to pursue them or not.

The State Troops on which I principally relied for executing the measures against the disaffected would probably have brought the business to a conclusion had I not been prevented by the disobedience of one of their officers from sending them forward on the service.

It being part of my plan to have obtained as many of my soldiers from amongst the people who had been in Arms as I could in order to the more speedy recruiting the Army as well as to lessen the number of draughts from the good people of the State, I judged

-------------------- page 43 --------------------
that Continental officers were necessary for the enlistment. A want of officers also in the State Regiment made it necessary to supply them and none could better answer the purpose than our Continental officers. For these reasons I applyed to General Sumner for permission to use such of them as could be spared which he readily granted. By the rules of the Army and the advice of the principal Generals, every recruit should be passed by a field officer and this together with my attention to the feelings of the State officers made me request a field officer to command the Expedition. I was happy to find that a Gentlemen of Major Hogg’s Character could be spared for this occasion, and I accordingly appointed him and gave him Instructions. When he proceeded to their execution, Major Crafton disputed, disobeying my orders, and thereby delayed the March of the Troops at a very necessary period and the consequences have suspended to this time the operations. What farther relates to this affair will appear from the papers on that subject which will be laid before you.

THOS. BURKE.

At the same time received the several papers, &c., referred in the two foregoing Messages which being read were ordered to be referred to the joint Committee to whom the other State papers were referred, and sent to the Senate with the following Messages:

Mr. Speaker and Gentlemen:

This accompanys two Messages from His Excellency, the Governor, and the several papers therein referred to which we propose referring to the joint Committee to whom the other State papers were referred. This House have appointed Mr. Macon, Mr.Speight, Mr. Wilson, Mr. Cummins, and Mr. Stevens, a Committee who will act jointly with such Gentlemen of the Senate as may be appointed to settle his Excellency the Governor’s Accounts agreeable to his request.

Mr. Joseph Hawkins presented an address from the officers of the North Carolina line which being read, Resolved that the same be referred to a Joint Committee, that for this purpose Dr. Williamson, Mr. Jo. Hawkins, Mr. Nash, and Mr. Winslow be a Committee on the part of this House.

-------------------- page 44 --------------------

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

This accompanys an address from the officers of the North Carolina line which we propose referring to a joint Committee and have for that purpose on our part appointed Dr. Williamson, Mr. J. Hawkins, Mr. Nash, and Mr. Winslow a Committee.

Resolved, That the thanks of the General Assembly be given to the Honorable Thos. Burke, Esquire, for his steady and constant attention to the duties of his office and his vigorous dispatch of public business while he was Governor of this State.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve for giving the thanks of the General Assembly to the Honorable Thomas Burke, Esquire, &c.

Mr. Sharpe presented a Memorial from John Taylor, Esquire, of Virginia respecting certain Lands in dispute between himself and Edmund Pendleton, Esquire, of Virginia on the one part and certain Citizens of this State on the other part praying that the General Assembly would on Friday the 26th inst., hear in Conference the claims of the said parties and finally determine thereon agreeable to the resolution of the General Assembly at Halifax, Feb. 1781. Whereupon

Resolved, That the parties be heard agreeable to the prayer of the Memorialist on Friday the 26th Inst.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

This accompanys a Memorial from John Taylor, Esquire, of Virginia and a Resolution of this house in consequence thereof which we send for your concurrence.

Received from the Senate a Bill for dividing the Rowan Regiment of Militia into two separate and distinct Regiments. Endorsed in the Senate 23 April, 1782, read the first time and passed.

The Bill to vest in John Hay the property of certain lands in Duplin County, was read the third time, passed and sent to the Senate.

-------------------- page 45 --------------------

A Petition from Mary Wright of Wilmington was presented and read, whereupon, Resolved that it be referred to the Committee appointed to take under Consideration the petition of Mr. John Hay.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

This accompanys a Petition from Mary Wright of Wilmington which we propose shall be referreed to the Committee appointed to take under consideration the Petition of John Hay.

Received from the Senate the following Message.

Mr. Speaker and Gentlemen:

Mr. Bryan, Mr. Bledsoe, and Mr. Lock, on the part of this House will act with the Gentlemen by you appointed to prepare and bring in a Bill of attainder, a Bill repealing the Act making paper money a Tender in payment of Debts and a Bill respecting the payment of private Debts and Contracts.

Mr. William Gowdy, one of the Members for Guilford County, was qualified and took his seat.

Mr. Person presented a Petition from Thomas Clark, Colonel of the First Regiment of the North Carolina Continental Troops, which, being read, was ordered to be referred to the Committee appointed to take under Consideration the address from the officers of the North Carolina line.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith the Memorial of Thomas Clark. Esquire, Colonel of the First Regiment of North Carolina Continental Troops which we propose shall be referred to the Committee appointed to take under consideration the address from the officers of the North Carolina line, together with the letter from Colonel Little of the 30th of January last.

The Honorable the Speaker laid before the House a letter from William Sharpe, Esquire, requesting that the House would appoint a Committee to Examine Little and report on his account with the public. Ordered that Mr. McCulloch, Mr. J. Macon, Mr. Wilcox,

-------------------- page 46 --------------------
Mr. Phifer and Mr. Young be a Committee on the part of this House for that purpose.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House have, on their part, appointed Mr. McCulloch, Mr. J. Macon, Mr. Wilson, Mr. Phifer and Mr. Young a Committee who will act jointly with a Committee of the Senate to settle and report on the accounts of Mr. Sharpe, agreeable to his request herewith sent you.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

With this you will receive the Petition of Ambrose Ramsey, Esquire, the first part of which we propose referring to the Committee appointed to receive the returns of the District Auditors and settle with the County Commissioners to report; on the latter part, we are of the opinion ought to be referred to the Executive of the State.

At the same time received the Petition referred to in the above Message, which, being read, resolved that Mr. H. Macon, Mr. Dodd, Mr. Newman and Mr. Johnston be appointed a Committee on the part of this House to examine into the facts contained in the said Petition and settle the Accounts, agreeable to the prayer thereof.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House have received the Petition of Ambrose Ramsey and the Message of your House proposing to refer the first part thereof to the Committee appointed to receive the returns of the District Auditors, &c., and the latter to the Executive of this State with which we do not concur, but propose that a Joint Committee be appointed to examine into the facts contained in the said Petition and settle the accounts, agreeable to the prayer thereof. The Commons have for that purpose, on their part, appointed Mr. H. Macon, Mr. Dodd, Mr. Newman and Mr. Johnston a Committee.

The House adjourned until half an hour after three o’clock this p. m.

The House met according to adjournment.

-------------------- page 47 --------------------

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

You will with this receive a report of the Committee appointed to consider of and report on the cases of paroled officers concurred with by this House.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return the Report of the Joint Committee appointed to consider and report on the cases of paroled officers concurred with by this House.

Mr. Jeffreys moved for leave and presented a Bill for the relief of persons who have suffered or may suffer by their Deeds or Mesne Conveyances not being proved and registered within the time heretofore appointed by Law, which was read the first time, passed and sent to the Senate.

General Caswell presented a Petition from John Ward and others, which being read, was ordered to be referred to a Joint Committee. The members chosen, on the part of this House, are Mr. Herndon, Mr. J. Macon, Mr. Payne, Mr. J. Johnson, Mr. Phifer and Mr. Gilbert.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith a Petition from John Ward and others, which we propose referring to a Joint Committee, and have for that purpose on our part appointed Mr. Herndon, Mr. J. Macon, Mr. Payne, Mr. J. Johnston, Mr. Phifer and Mr. Gilbert a Committee.

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

Received from the Senate a Bill to vest in Frederick William Marshall, Esq., of Salem, in Surry County, the lands of the Unitas Fratrum in this State for the use of the United Brethren and other purposes endorsed in the Senate, 23rd of April, 1782, read the second time, amended and passed.

A Bill for Levying a further Tax of —— Shillings on every hundred pounds value of taxable property in the County of Cambden

-------------------- page 48 --------------------
for defraying the Expense of compleating the Public Buildings thereof.

A Bill for erecting a Town on the Lands of Colonel James Bonner. Endorsed in the Senate, 23rd of April, read the first time and passed.

The Bill for altering the time of holding certain Courts therein mentioned was read the second time, passed and sent to the Senate.

Mr. Turner moved for leave, and presented a Bill for erecting a Prison in the County of Bertie, which was read the first time, passed and sent to the Senate.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

The Resolve of your House declaring that the thanks of the General Assembly be given to His Excellency, Thomas Burke, Esquire, for his steady and constant attention to the duties of his office, &c., we return you concurred with, and propose that the Speakers of this Assembly be requested to communicate to His Excellency the sense of the two Houses on this Head.

Mr. Speaker and Gentlemen:

Mr. Lockhart, Mr. June Baker and Mr. Grainger will act with the Gentlemen by you appointed to consider of and report on the Memorial of the North Carolina officers.

Mr. Speaker and Gentlemen:

The Senate agree that the Messages from His Excellency, the Governor, to the General Assembly of the 22nd inst., be referred to the Committee to whom his other Messages and the State papers were referred. They have appointed Mr. Wade and Mr. Kenan, who will act jointly with the Gentlemen by you appointed to settle his accounts.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Senate have appointed Mr. Jones and Mr. Coor, who will act jointly with such of your body as you may appoint to inform the Honorable Alexander Martin, Esquire, of his late appointment to

-------------------- page 49 --------------------
the Chief Magistracy of this State to prepare an address to be presented him.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House have appointed Mr. P. Hawkins and Mr. Sharpe to act jointly with the gentlemen by you appointed to inform the Honable Alexander Martin, Esquire, of his late appointment to the Chief Magistracy of this State and to prepare an address to be presented him.

Mr. Harrison Macon moved for leave, and presented a Bill to amend an Act entitled an Act to suppress excessive Gaming; passed the 10th of May, 1780, which was read the first time, passed and sent to the Senate.

Received from the Senate a Bill for the relief of persons who have suffered or may suffer by their Deeds or Mesne conveyances not being proved and registered within the time heretofore appointed by Law. Endorsed in the Senate, 23rd of May, 1782, read the first time and passed.

Mr. Wilcox, from the Committee to whom was referred the Memorial of Bennett Crafton, reported as follows:

That as there appeared to your Committee no charge against the said Crafton it is their unanimous opinion that he resume his command as Major of the State Regiment, all which is submitted.

The House taking the said report into consideration concurred therewith. On the question does the House concur with the report or not, it was objected to and carried in the affirmative. The yeas and nays being requested by Mr. Sharpe are as follows:

Yeas: 36.

Messrs. Cole, Thomas, P. Hawkins, H. Macon, J. Hawkins, Arrington, J. Moore, Mitchell, W. Bryan, Ramsey, Patterson, Cain, W. Moore, Turner, Coor, Dodd, McBride, Sloan, Branch, Philips, Slade, Cummins, J. Macon, Hunter, Webb, Miller, Dickey, Hunter, Jennet, Whidbee, Phifer, Reding, Pope, Simpson, Gowdy, J. Wilson.

Nays: 23.

Messrs. B. Williamson, McCawly, Payne, J. Willis, Bagge, T. Johnston, H. Montfort, Fereby, Haughton, Sharpe, Newman,

-------------------- page 50 --------------------
Young, J. Johnston, Crawford, Herndon, Lenoir, Farmer, J. Jones, Gillespie, Jackson, Winston, Caswell and Stephens.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentleman:

We send for concurrence the report of the Joint Committee on the memorial of Bennett Crafton, Major of the State Regiment, concurred with by the House.

On reading the recommendation of Cumberland County Court in favor of Francis Falkner, Senr., Resolved, That he be exempted from paying poll taxes for the future.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve for exempting Francis Falkner, of Cumberland County, from paying poll taxes.

The House adjourned until to-morrow morning at 9 o’clock.


Wednesday, 24th April, 1782.

The House met according to adjournment.

Mr. Hinton moved for leave and presented a Bill to prevent the stoppage of fish up Neuse River, which was read the first time, passed and sent to the Senate.

Mr. Waightstill Avery and Mr. Joseph McDowell, members for Burke County, appeared, were qualified and took their seats.

Mr. Gowdy moved for leave and presented a Bill to vest a certain tract of land in Robert Cummins, which was read the first time, passed and sent to the Senate.

Mr. Gillespie presented a Petition from Jessee Dardin and Joseph Herring, of Duplin County, which was read and ordered to be sent to the Committee appointed to take under consideration the petition of John Hay.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This accompanies a petition from Jesse Dardin and Joseph Herring, which we propose referring to the Committee appointed to take under consideration the petition of John Hay.

-------------------- page 51 --------------------

The Bill for erecting a town on the lands of Colonel James Bonner, was read the second time, passed and sent to the Senate.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

Mr. Williams and Mr. Miller will, on the part of this House, act with the Gentlemen by you appointed to report on the petition of John Ward and others.

Mr. Speaker and Gentlemen:

We agree that Colonel Clark’s Memorial be referred to the Committee appointed to report on the address from the North Carolina officers to the General Assembly.

Mr. Speaker and Gentlemen:

Dr. Guion and Mr. William Baker, on the part of this House, will act with the Gentlemen, by you appointed, to examine and report on the accounts of Mr. Sharpe.

Mr. Nash presented a petition from Richard Dobbs Speight praying to have the Intail on certain Lands Docked, which, being read, Mr. Nash moved for leave, and presented a Bill, agreeable to the prayer of the said Petition, which was read the first time, passed and sent to the Senate.

Read a Petition of Abner Nash, Esquire, praying that a Committee be appointed to settle his accounts with the public; ordered that the Committee appointed to settle the accounts of Mr. Sharpe settle those of Mr. Nash.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This accompanys a Petition from the Honorable Abner Nash, Esquire. The Commons, in consequence thereof, proposed that the Committee appointed to settle the accounts of Mr. Sharpe also settle those of Mr. Nash.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

With this you will receive Sundry Memorials and Petitions from

-------------------- page 52 --------------------
the District of Salisbury which we propose referring to the Committee on Propositions and Grievances to report on.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons agree that the several Memorials and Petitions from the District of Salisbury be referred to the Committee on Propositions and Grievances.

Received from the Senate a Bill for erecting a prison in the County of Bertie. Endorsed in the Senate 23 of April, 1782, read the first time and passed.

The Bill for regulating the town of Edenton was read the second time, passed and sent to the Senate.

Resolved, That the Bill for giving an Equity Jurisdiction to the Superior Courts be read to-morrow at 10 o’clock for the second time.

Mr. Speight moved for leave and presented a Bill for ascertaining the salaries of the Governor, Secretary and other Officers of the State, which was read the first time, passed and sent to the Senate.

Mr. Phifer moved for leave and presented a Bill to oblige the inhabitants of Bladen County to attend public meetings with their arms, which was read the first time, passed and sent to the Senate.

The Bill for the relief of persons who have suffered, or may suffer, by their Deeds and Mesne conveyances not being proved and registered within the time heretofore appointed by Law was read the second time, amended, passed and sent to the Senate.

The Bill to prolong the time of saving lots in the several towns in this State was read the second time, amended, passed and sent to the Senate.

Resolved, That the Bill to vest in Frederick William Marshall, Esquire, of Salem, of Surry County, the Lands of the Unitas Fratrum in this State for the use of the said United Brethren and other purposes be read to-morrow for the third and last time in this House.

Received from the Senate a Bill for erecting a town on the lands of Colonel James Bonner. Endorsed in the Senate 24th of April, 1782, read the second time and passed.

A Bill to Dock the Intail of certain Lands therein mentioned.

A Bill to invest a certain tract of Land in Robert Cummins. Endorsed

-------------------- page 53 --------------------
in the Senate 24th April, 1782, read the first time and passed.

A Bill for dividing the Rowan Regiment of militia into two separate and distinct Regiments. Endorsed in the Senate 24th April, 1782, read the second time, amended and passed.

Mr. J. Macon moved for leave and presented a Bill for vesting power in the several County Courts within this State to levy such taxes as they shall deem necessary for repairing and compleating their Public Buildings and other purposes which was read the first time, passed and sent to the Senate.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

The Senate has added Colonel Wade to the Committee on Propositions and Grievances.

Mr. Speaker and Gentlemen:

With this we return the report of the Joint Committee on the Memorial of Major Crafton concurred with by this House.

Mr. Speaker and Gentlemen:

This House agree that a Joint Committee examine and report on the facts contained in Colonel Ramsey’s Petition and settle his accounts, agreeable to the prayers thereof, and have on their part for that purpose appointed Mr. Evergin and Mr. Bryan.

Mr. Speaker and Gentlemen:

We return herewith the resolve of your House exempting Francis Falkner, of Cumberland County, from the payment of poll taxes concurred with.

At the same time received the report and resolve referred to in the foregoing Message concurred with.

Read the Petition of John Spears, ordered that it be reported to a Joint Committee; that Dr. Williamson, Mr. Ramsey and Mr. Gillespie be a Committee on the part of this House for that purpose.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith the petition of John Spears, which we propose

-------------------- page 54 --------------------
referring to a Joint Committee and have for that purpose appointed Dr. Williamson, Mr. Gillespie and Mr. Ramsey a Committee on our part.

Read a Petition from the Standing Committee of the people called Quakers.

Ordered that it be sent to the Senate with the following Message:

Mr. Speaker and Gentlemen:

We send herewith a Petition from the Standing Committee of the people called Quakers for your perusal.

The Honorable Speaker acquainted the House that he had with the Honorable Speaker of the Senate, agreeable to the Resolution of the General Assembly of yesterday given to His Excellency, Thos. Burke, Esquire, the thanks of the State for his Steady and constant attention to the duties of his office as Chief Magistrate thereof the last year to which His Excellency answered as follows:

Gentlemen:

I offer you my thanks for the polite and respectful manner in which you have conveyed to me the sense of the General Assembly. I feel very sensibly the pleasure arising from the public approbation, but permit me to assure you that tho’ I highly value the esteem of all good and wise men, yet the prosperity of my country is always the object of my most earnest wishes and that the hope of promoting it has always been the principle that engaged me in public service. I am happy that our fair prospect affords a period which a citizen may return to private life without deviating from his obligations to society.

THOS. BURKE.

The House adjourned until 4 o’clock p. m.

The House met according to adjournment.

Mr. Payne presented a petition from the officers of Rutherford County complaining of the conduct of William Gilbbert, which, being read, was ordered to be referred to a Committee. The members chosen are Mr. Speight, Mr. Payne, Mr. Avery, Mr. Hinton, Mr. Ramsey, Mr. McCawley, Mr. Young and Mr. Gillespie.

-------------------- page 55 --------------------

Mr. Isaac Shelby and Mr. Joseph Martin, the members for Sullivan County appeared, were qualified and took their seats.

Received from the Senate a Bill for vesting power in the several County Courts within the State to levy such Tax as they shall deem necessary for repairing and compleating their Public Buildings and for other purposes. Endorsed in the Senate, 24th of April, 1782, read the first time, amended and passed.

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

A Bill to oblige the Inhabitants of Bladen County to attend Public meetings with their Arms. Endorsed in the Senate 24th April, 1782, read the first time and passed.

A Bill for the relief of persons who have suffered or may suffer by their deeds and mesne conveyances not being proved and registered within the time heretofore appointed by Law. Endorsed in the Senate 24th of April, 1782, read the second time and passed.

A bill to prolong the time of saving lots in the several towns in this State. Endorsed in the Senate 24th of April, 1782, read the third time and passed.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

The Senate agree that the Committee to settle the accounts of Mr. Sharpe settle the accounts of Mr. Nash.

Mr. Speaker and Gentlemen:

The Senate have added Mr. Lockhart to the Committee ap point ed to take under consideration the Petition of Ambrose Ramsey, Esquire.

Mr. Speaker and Gentlemen:

With this you will receive the report of the Joint Committee ap pointed to inform the Honorable Alexander Martin, Esquire, of the late vote of the General Assembly respecting the Chief Magistracy of this State and to prepare an address to be presented him. Concurred with by the House.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return herewith the report of the Joint Committee appointed

-------------------- page 56 --------------------
to inform the Honorable Alexander Martin, Esquire, of the late vote of the General Assembly respecting the Chief Magistracy of this State to prepare an address to be presented him, concurred with by this House.

This House adjourn until to-morrow at 10 o’clock, Thursday, 25th April, 1782.

The House met according to adjournment.

Mr. Jno. Johnston from the Committee appointed to take under consideration the Petition of Ambrose Ramsey reported as follows:

Your Committee are of opinion that his accounts ought to be allowed by the General Assembly as well as for the money paid by him and Lt. Scurlock as for other articles by him furnished the public on his making oath that the vouchers and receipts for such monies paid and articles delivered were lost in the manner set forth in the Petition. Your Committee are further of opinion that in order to cause the Calamities of War to fall as lightly as possible on individuals and alleviate the distresses of those who may be made prisoners by the Enemy, especially those brave men and officers who have been taken in the defence of their Country.

We are, therefore, of the opinion that Colonel Ambrose Ramsey be permitted to send as much Tobacco to Charles Town as will be sufficient to discharge any debt he may have contracted whilst a prisoner there for his support on his giving Bond and capital Security to the Governor or Commander in Chief not to abuse the Trust; all which your Committee submit.

The House taking the said report into consideration concurred therewith.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith the report of the Joint Committee on the Petition of Ambrose Ramsey. Concurred with by this House.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

Mr. Hill and Mr. Atkins on the part of this House will meet with the gentlemen by you appointed to consider of the Petition of John Spears.

-------------------- page 57 --------------------

Mr. Speaker and Gentlemen:

The Senate have with your Message received the Petition from the standing Committee of the people called Quakers, and propose that the same be committed, and have for that purpose on their part appointed Mr. Williams and Mr. Lockhart a Committee.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons agree to refer the Petition of the Standing Committee of the people called Quakers to a joint Committee and have for that purpose on their part appointed Mr. Payne, Mr. Winston, Mr. Thomas and Mr. J. Macon, a Committee.

Received from the Senate a Bill for regulating the Town of Edenton. Endorsed in Senate 24 April, 1782. Read the second time, amended and passed.

The order of the day for reading for the third and last time in the House, the Bill to vest in Frederick Williams Marshall, of Salem, in Surry County, Esqr., the Lands of the Unitas Fratrum in this State, for the use of the United Brethren and other purposes, being called for and read.

Resolved, That the House proceed thereon.

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

Mr. Lenoir moved for leave to enter a protest against the passage of said Bill. Ordered that he have leave.

The Matters to this day referred being postponed the House adjourned till To-morrow Morning 9 o’clock, Friday, 26th April, 1782.

The House met according to adjournment.

Read a Petition from a number of the people called Quakers in the Western Quarter. Ordered that the same be referred to a joint Committee, that for this purpose Mr. Crawford, Mr. Phifer, Mr. Branch and Mr. Bagge be a Committee on the part of this House for that purpose.

-------------------- page 58 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith a Petition from a number of people called Quakers in the Eastern Quarter, which we propose referring to a joint Committee, and for that purpose on our part, have appointed Mr. Crawford, Mr. Phifer, Mr. Branch and Mr. Bagge, a Committee.

Mr. McCulloch moved for leave and presented a Bill to amend an Act entitled, An Act for the relief of such persons as have taken parole and for other purposes which was read the first time, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

A Petition of David Marshall, of the Town of New Bern, herewith sent you, we propose referring to the Committee appointed to take under consideration the Memorial of John Hay, to which Committee we added Mr. Hill.

Mr. Speaker and Gentlemen:

This House have received the Message and Resolve of yours of the 23rd Inst., declaring that the General Assembly of this State would agreeable to the Petition of John Taylor, Esqr., on Friday next hear the contending Parties respecting certain Lands in dispute between himself and Edmund Pendleton, Esq., of Virginia, on the one part, and certain Citizens of the State on the other part, which we have thought proper to reject and propose that a hearing of this matter be had in presence of both Houses of Legislature, in the Church on Tuesday next.

Mr. Speaker and Gentlemen:

This House have thought proper to reject the report of the Committee on the Petition of Ambrose Ramsey, Esqr., and propose that the Resolve herewith sent you be substituted in lieu of a part thereof. It is our opinion that the Committee appointed to receive the returns from the District Attorneys, and settle the accounts of the County Commissioners, do settle his accounts for monies he may have received from the Treasury on public accounts and make report thereof.

-------------------- page 59 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return herewith the resolve of your House entered into in consequence of the Petition of Ambrose Ramsey. Concurred with.

We agree that the Committee appointed to receive the returns of the District Auditors and settle the accounts of the County Commissioners, do also settle his accounts.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

This House agree to postpone hearing the contending parties respecting certain Lands in dispute between John Taylor and Edmund Pendleton, Esq., on the one part of Virginia and certain Citizens of this State on the other until Tuesday next, agreeable to your proposition on that head.

The Bill to compell the attendance of Members of the General Assembly was read the second time and rejected.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House agree to refer the Petition of David Marshall to the Committee to whom was referred the Petition of John Hay.

Read the Petition of Sarah Beacham. Ordered that it be referred to the Committee to whom was referred the Petition from a number of the people called Quakers in the Western Quarter.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith a Petition of Sarah Beacham which we propose referring to the Committee to whom was referred the Petition from the people called Quakers in the Western Quarters.

Mr. Avery moved for leave and presented a Bill for Docking and destroying Intails which was read the first time, passed and sent to the Senate. Resolved that a joint Committee be appointed to prepare and bring in a Bill for appointing one place for holding the General Assembbly at hereafter. That for this purpose Mr. Nash, Mr. P. Hawkins, and Mr. Phifer, be a Committee on the part of this House.

-------------------- page 60 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House have appointed Mr. Nash, Col. P. Hawkins, and Mr. Phifer, a Committee, who will act jointly with such Gentlemen of your House as may be appointed to prepare and bring in a Bill for appointing one place for holding the General Assembly at hereafter.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

With this we send you the Report of the joint Committee on the Petition of the people called Quakers. Concurred with by this House.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return herewith the Report of the joint Committee on the Petition of the people called Quakers. Concurred with by this House.

The Order of the day for reading for the second time the Bill for giving an Equity Jurisdiction to the Superior Courts being called for and read. Resolved, that the said Bill be read according to order. The same was read the second time, amended, passed and sent to the Senate.

Read a Petition from the Rev’d Harvey Patillo, and John Springer. Ordered that the same be referred to a joint Committee and report upon and that Dr. Williamson, Mr. Speight, Mr. Nash, Mr. Avery, and Mr. J. Moore, be a Committee on the part of this House for that purpose.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

We send herewith the Petition of Rev’d Harvey Patillo, and John Springer which we propose referring to a joint Commttee and have for that purpose on our part appointed Dr. Williamson, Mr. Speight, Mr. Nash, Mr. Avery, and Mr. J. Moore, a Committee.

Read a Petition from a number of the refugees of South Carolina and Georgia.

-------------------- page 61 --------------------

Ordered that the said Petition be sent to the Senate for their perusal.

Read the Petition of Martha Thompson. Ordered that the same be sent to the Senate with the following Message:

Mr. Speaker and Gentlemen:

We send herewith the Petition of Martha Thompson which we propose referring to a joint Committee to examine and Report upon, and have for that purpose on our part appointed Dr. Williamson, Mr. Thomas, Mr. Bryan, Mr. McCawley, and Mr. P. Hawkins, a Committee.

We send a Petition from sundry refugees from South Carolina and Georgia for your perusal.

The Bill for appointing the Commissioners to examine the claims of Thomas Clark and others against the estate of James Murray, and other purposes therein mentioned, was read the second time, amended, passed and sent to the Senate.

Received from the Senate a Bill to amend an Act entitled, An Act for the relief of such persons as have taken paroles and for other purposes.

A Bill for Docking and destroying Intails. Endorsed in Senate 26th April, 1782. Read the first time and passed.

A Bill for giving an Equity Jurisdiction to the Superior Courts. Endorsed in Senate 26th April, 1782. Read the second time and passed.

Col. Joseph Hawkins laid before the House the Proceedings of a Board of Officers of the North Carolina line, held by order of the Honorable Brigadier General Sumner, to Regiment the Officers of said lines, agreeable to the Resolves of Congress of the 3rd and 21st of October, 1780, which being read was concurred with. Resolved, that Colonel James Armstrong of the Fifth, Lt. Col. Comd’g James Thackston of the Fourth, and Captain Francis Childs of the Third Regiment be permitted to retire on half pay agreeable to the Report of the said Board.

Ordered that the following be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith the proceedings of a Board of Officers of the

-------------------- page 62 --------------------
North Carolina line, and a Resolve of this House permitting certain officers therein mentioned to retire on half pay in consequence thereof, for your concurrence.

The Bill for erecting a Town on the Lands of Colonel James Bonner was read the third time, passed and sent to the Senate.

Read the Petition of John Birdsong. Ordered that it be referred to the Committee to whom was referred the Petition of Ambrose Ramsey.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith the Petition of John Birdsong, which we propose referring to the Committee, to whom was referred the Petition of Ambrose Ramsey.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House propose referring the settlement of the Accounts of the late General Davidson, to the Committee to whom was referred the Memorial of the Continental officers, agreeable to the request of Mr. Sharp herewith sent you.

The Bill for the relief of Persons who have suffered or may suffer by their Deeds and Mesne Conveyances not being proved and Registered within the time heretofore appointed by Law, was read the third time, amended, passed and sent to the Senate.

Mr. Herndon presented the Resignation of Memucan Hunt, Esqr., as a member of the State Board of Auditors.

Read a Letter from James Davis, Esquire. Ordered that the said Letter and resignation of Memucan Hunt, Esquire, be sent to the Senate with the following Message.

Mr. Speaker and Gentlemen:

We send herewith for your perusal a Letter from James Davis, Esqr., and the resignation of Memucan Hunt.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

With this you will receive the representation of James Glasgow,

-------------------- page 63 --------------------
Esquire, Secretary of State, which we propose referring to the Committee appointed to settle the accounts of Mr. Sharpe.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons agree to refer the representation of the public Secretary to the Committee appointed to settle the accounts of Mr. Sharp.

Received from the Senate the following Message.

Mr Speaker and Gentlemen:

The Senate have appointed Mr. Cocke, Mr. Evergin and Mr. Shepperd, a Committee who will act jointly with the Gentlemen you appointed to consider of the Petition of the people called Quakers in the Western Quarter.

The House adjourned till To-morrow morning, 9 o’cock.


Saturday, 17 April, 1782.

The House met according to adjournment.

Received from the Senate the following message.

Mr. Speaker and Gentlemen:

This House agree that the Petition of John Dardin aud Joseph Herring be referred to the Committee to take under consideration the petition of Mr. John Hay.

Mr. Speaker and Gentlemen:

Mr. Lock, Mr. Irwin and Mr. Coor, will act with the Gentlemen by you appointed to prepare and bring in a Bill for appointing a place at which the General Assembly hereafter shall be held.

Mr. Speaker and Gentlemen:

We agree that the petition of Martha Thompson be referred to a Committee, and for that purpose have an our part appointed Mr. Blount, Mr. Whidbee, and Mr. Cocke, who will act jointly with the Gentlemen by you appointed for that purpose.

Mr. Speaker and Gentlemen:

We agree that the Petition of Sarah Beacham be referred to the

-------------------- page 64 --------------------
Committee to take under consideration the Petition of the people called Quakers in the Western Quarter.

Mr. Speaker and Gentlemen:

Mr. Jones, Mr. Macon, and Mr. Williams, will Act with the Gentlemen by you appointed to consider of and report on the Petition of the Rev’d Mr. Patillo and Mr. Springer.

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve in favor of James Bazell of Duplin County.

Ordered that the following Message be sent to Senate:

Mr. Speaker and Gentlemen:

The Resolve of your House in favor of James Bazell we return you herewith concurred with.

Mr. Jones moved for leave and presented a Bill to repeal an Act entitled, An Act investing the property of a Bridge or cause-way in Gideon Lamb, his heirs and assigns, already built through the great Dismal Swamp from Lebanon to Camden County, for the term of twenty-five years, &c., which was read the first time, passed and sent to the Senate.

The Bill to prolong the time of saving Lotts in the Several Towns in this State, was read the second time, passed aud sent to the Senate.

The Bill to amend an Act entitled, An Act for the relief of such persons as have taken paroles, and for other purposes, was read the second time and rejected.

Received from the Senate a Bill to suppress excessive Gaming. Endorsed in Senate 27th April, 1782. Read the first time, amended and passed.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We agree that the Committee to whom was referred the Memorial of the Continential Officers, settle the Accounts of the late General Davidson.

Mr. Speaker and Gentlemen:

The Resolve of your House permitting certain officers of the Continental

-------------------- page 65 --------------------
line belonging to this State to retire on half pay, we return you concurred with.

Mr. Sharp moved for leave and presented a Bill to repeal such Laws and Clauses of Laws which make paper money a legal tender in the payment of private Debts and contracts, and for other purposes, which was read the first time, passed and sent to the Senate.

Mr. Avery moved for leave and presented a Bill for dividing the District of Salisbury, which was read the first time, passed and sent to the Senate.

Resolved, That the Bill for giving an Equity Jurisdiction to the Superior Courts, be read on Monday next, the third and last time in this House.

The Bill for docking and destroying Intails was read the second time, passed and sent to the Senate.

The Bill for vesting power in the several County Courts within this State, to levy such Tax as they shall deem necessary for repairing their public buildings and for other purposes, was read the second time and was rejected.

Received from the Senate a Bill for appointing Commissioners to examine the claims of Thomas Clark and others, against the estate of James Murray and other purposes therein mentioned. Endorsed in the Senate 27th April, 1782, read the second time, amended and passed.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve in favor of such officers and other Citizens of this State who, when in captivity with the Enemy at Charles Town have been under the necessity of contracting Debts with the Merchants and others of that place.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return herewith the Resolve of your House in favor of such Officers and other Citizens of this State, who when in Captivity with the Enemy at Charles Town have been under the necessity of contracting

-------------------- page 66 --------------------
Debts with the Merchants and others of that place, concurred with by this House.

Mr. P. Hawkins presented a Petition from a number of the Inhabitants on the frontiers of this State, praying to have the boundary line between this State and the Cherokee Indians extended. Mr. Hawkins moved for leave and presented a Bill agreeable to the prayer thereof, which was read the first time, passed and sent to the Senate.

The Bill to suppress excessive gaming was read the second time and rejected.

Whereas the persons nominated to the Commission of the Peace in the several Counties of this State at the Sessions of Halifax and Wake, in the year 1781, appear to have been only on the part of the House of Commons. And whereas the number of Justices of the Peace in some Counties have been increased so as to be the means of perplexing and delaying the business of the Inferior Courts, and in some instances the persons so nominated have since joined the Enemies of this State and the United States, therefore

Resolved, That no commissions issue in consequence thereof, except when expressly directed by the General Assembly, and that the qualification of any persons nominated by the House of Commons only hath been illegal.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith for your concurrence a Resolve of this House respecting the appointment of Justices of the Peace made in Halifax and Wake Sessions.

Mr. Person moved for leave and presented a Bill to encourage Caleb Grainger to build a bridge over Smith’s Creek at the place where the late bridge stood, in New Hanover County, which was read the first time, passed and sent to the Senate.

Received from the Senate a Bill for Docking and Destroying Intails, Endorsed in Senate 27th April, read the second time, amended and passed.

A Bill to repeal an Act entitled, An act investing the property of a Bridge or causeway in Gideon Lamb, his heirs and assigns already

-------------------- page 67 --------------------
built through the great Dismal Swamp, &c., Endorsed in Senate 27th April, 1782, read the first time and passed.

Resolved, That Mr. William Moore, Mr. H. Macon and Mr. Gowdy have leave to absent themselves from the service of the House for a few days.

The House adjourned till Monday morning 9 o’clock.


Monday, 29th April, 1782.

The House met according to adjournment.

The Bill to oblige the Inhabitants of Bladen County to attend public meeting with their Arms, was read the second time passed and sent to the Senate.

Read the Memorial of Timothy Bloodworth, Esquire, respecting the settlement of his Accounts with the public. Ordered that the settlement thereof be referred to the Committee appointed to settle the accounts of Mr. Sharp.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

We send herewith the Petition of Timothy Bloodworth, Esquire, and propose that the Committee appointed to settle the Accounts of Mr. Sharpe, do also settle the Accounts of Mr. Bloodworth, agreeable to the prayer of his said Petition.

Read the Petition of Waightstill Avery, Esquire, and the Petition of Charles Vandiver, Ordered that they be referred to the Committee of Propositions and Grievances.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith the Petition of Waightstill Avery, Esquire, and the Petition of Charles Vandiver, which we propose referring to the Committee of Propositions and Grievances.

Dr. Williamson moved for leave and presented a Bill for raising a revenue for the Support of Government, which was read the first time, passed and sent to the Senate.

Received from the Senate A Bill for dividing the District of Salisbury.

-------------------- page 68 --------------------

A Bill to encourage Colonel Grainger to build a Bridge over Smith’s Creek at the place where the late Bridge stood in New Hanover County.

A Bill to appoint Commissioners for fixing on a place within the County of Anson to build a Court House, prison and stocks, and other purposes therein contained.

A Bill to repeal such Laws and clauses of Laws which make paper money a legal tender in the payment of private debts and contracts and for other purposes.

A Bill for extending the boundary line between this State and the Cherokee and other purposes. Endorsed in Senate 29th April, 1782, read the first time and passed.

Resolved, That the Bill for docking and destroying Intails be read the third time to-morrow.

Mr. Nash moved for leave and presented a Bill for appointing a place for the future meetings of the General Assembly, which was read the first time, passed and sent to the Senate.

Read a Petition from the Inhabitants settled on Cumberland River, ordered that it be referred to a joint Committee. That Mr. Sharp, Mr. Shelby, Mr. Bryan, Mr. Avery, and Mr. P. Hawkins be a Committee on the part of this House for that purpose.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith a Petition from the Inhabitants settled on Cumberland River which we propose referring to a joint Committee and have for that purpose on our part appointed Mr. Sharp, Mr. Shelby, Mr. Bryan, Mr. Avery and Mr. P. Hawkins a Committee.

Received from His Excellency, the Governor, the following Message:

To the Honorable the General Assembly—Gentlemen:

I send you herewith Benjamin Cleveland’s resignation of his Commission of Colonel of Militia for the County of Wilkes.

ALEXANDER MARTIN.

Ordered the above Message from His Excellency, the Governor, be sent to the Senate together with the resignation of Colonel Cleveland therein mentioned with the following Message.

-------------------- page 69 --------------------

Mr. Speaker and Gentlemen:

We send herewith a Message from His Excellency, the Governor, and the resignation of Benjamin Cleveland.

The order of the Day for reading for the third time the Bill for giving an Equity Jurisdiction to the Superior Courts, being called for and read the Bill was read according to order, and previous to its being put on its passage Mr. Person moved for leave to withdraw and amend it. Ordered that he have leave.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

We propose that the petition of Sundry Officers of Rutherford County in favor of the wife of George Russell, and the Petition of William Landsdell and Isaac Newton herewith sent you, be referred to the Committee of Propositions and Grievances.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We have received the Petition of Sundry Officers of Rutherford County in favor of the wife of George Russell and the Petitions of William Landsdell and Isaac Newton and agree that they be referred to the Committee of Propositions and Grievances.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

The Resolve of your House respecting the appointment of Justices of the Peace made at Halifax and Wake Session we return you concurred with.

Mr. Speaker and Gentlemen:

Your proposition relative to the Petition of Waightstill Avery, Esquire, and the Petition of Charles Vandiver, we agree to.

Resolved, that Mr. John Willis have leave to absent himself from the service of the House during this Session.

Received from the Senate a Bill for raising a Revenue for the support of Government.

A Bill for appointing a place for the future meetings of the General Assembly, Endorsed in the Senate 29th April, 1782, read the first time and passed.

-------------------- page 70 --------------------

A Bill to oblige the Inhabitants of Bladen County to attend public Meetings with their Arms. Endorsed in the Senate 29th April, 1782, read the second time and passed.

Mr. Avery from the Committee to whom was referred the Petition of the Officers of Rutherford County, complaining of the conduct of William Gilbert, reported as follows:

That the several charges against Mr. Gilbert ought to be tried by a Court of Law and that being supported at this time by affidavits taken ex parte without the knowledge of Mr. Gilbert, your Committee are of opinion that they cannot with propriety decide on such testimony either to censure or to acquit Mr. Gilbert.

W. AVERY, Chairman.

The House taking the said Report into consideration concurred therewith.

Mr. Nash moved for leave and presented a Bill to alleviate in some degree the distressed Inhabitants of the several Counties in the District of Wilmington, which was read the first time, passed and sent to the Senate.

Mr. Person from the Committee of Propositions and Grievances, reported that the Petition of John Crawford, referred to the said Committee, would properly be a subject of consideration for the Committee appointed to hear and report on such reasons as may by any officer of this State who have taken parole be urged in justification of their having so done. The House taking the said report into consideration ordered that the said Petition be referred to the said Committee.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

We send herewith the Petition of John Crawford which we propose referring to the Committee appointed to hear and report on such reasons as may by any officer of this State who have taken parole be urged in justification of their having so done instead of the Committee of propositions and grievances.

The bill for appointing Commissioners to examine the Claims of Thomas Clark and others against the estate of James Murray and

-------------------- page 71 --------------------
others therein mentioned was read the third time passed and sent to the Senate.

Received from the Senate a Bill to alleviate in some degree the distressed Inhabitants of the several Counties in the District of Wilmington Endorsed in the Senate 29th April, 1782, was read the first time and passed.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We agree that the Committee appointed to settle the accounts of Mr. Sharpe, likewise settle the accounts of Mr. Bloodworth.

Mr. Speaker and Gentlemen:

Mr. Bledsoe, Mr. Isaacs and Mr. Shepperd will act jointly with such gentlemen by you appointed to report on the Petition of the Inhabitants settled on Cumberland River.

Ordered that the following arrangements of the North Carolina officers be entered on the Journal as follows:

Proceedings of a Board of Officers of the North Carolina line held 30th March, 1782, to regiment the officers thereof agreeable to the Resolutions of Congress of the 3rd and 21st October, 1780.

NAMES AND RANK.
DATE OF COMMISSON.
The Reverend Boyd, Chaplain,
1 June, 1778.
Thomas Clark, Colonel,
5 February, 1777.
Hardy Murphey, Lieutenant Colonel,
1 April, 1778.
John Nelson, Major,
3 February, 1778.
Tillman Dixon, Captain,
5 February, 1777.
Howell Tatum, Captain,
3 April, 1777.
James Read, Captain,
8 July, 1777.
Joshua Hadley, Captain,
13 June, 1779.
John Summers, Captain,
10 July, 1778.
Thomas Callandar, Captain,
8 August, 1780.
William Walton, Captain,
8 September, 1781.
Peter Bacot, Captain,
8 September, 1781.
Samuel Jones, Captain,
11 Sept., 1781.
James Pearl, Lieutenant,
26 October, 1777.
William Bush, Lieutenant,
1 February, 1779.
-------------------- page 72 --------------------
Dixon Marshall, Lieutenant,
4 July, 1779.
Daniel Shaw, Lieutenant,
1 October, 1779.
Thomas Pasteur, Lieutenant,
20 November, 1779.
Robert Hayes, Lieutenant,
16 February, 1780.
William Hargrave, Lieutenant,
30 March, 1780.
Abner Lamb, Lieutenant,
1 June, 1781.
James Moore, Lieutenant,
1 July, 1781.
Jesse Steed, Lieutenant,
8 September, 1781.
James W. Green, Surgeon,
7 December, 1779.
Thomas Bull, Surgeon’s Mate,
22 July, 1781.
John Patton, Colonel,
22 November, 1777.
Henry Dixon, Lieutenant Colonel,
12 May, 1778.
Reading Blount, Major,
12 May, 1778.
Robert Rayford, Captain,
28 November, 1776.
Clement Hall, Captain,
19 April, 1777.
Benjamin Coleman, Captain,
30 April, 1777.
Robert Fenner, Captain,
20 May, 1777.
John Ingles, Captain,
24 October, 1777.
Thomas Armstrong, Captain,
25 October, 1777.
John Cruddock, Captain,
21 December, 1777.
Benjamin Carter, Captain,
10 March, 1778.
Charles Stewart, Captain,
18 May, 1781.
Jesse Reed, Lieutenant,
25 October, 1777.
Sam Budd, Lieutenant,
11 November, 1777.
James Campen, Lieutenant,
21 December, 1777.
Charles Gerrard, Lieutenant,
1 June, 1778.
Richard Andrews, Lieutenant,
10 May, 1780.
Arthur Cotgrave, Lieutenant,
26 March, 1778.
Thomas Fenney, Lieutenant,
23 January, 1781.
Stephen Slade, Lieutenant,
23 January, 1781.
Nathaniel Lawrence, Lieutenant,
23 January, 1781.
Richard Fenner, Lieutenant,
12 May, 1781.
Anthony Croutcher, Lieutenant,
18 May, 1781.
Robert Bell, Lieutenant,
8 September, 1781.
William McClure, Surgeon,
1 May, 1776.
James Fergus, Surgeon’s Mate,
2 February, 1782.
Selby Harney, Lieut. Colonel,
22 November, 1777.
Thos. Hogg, Major,
19 October, 1777.
-------------------- page 73 --------------------
Griffith John McRee, Major,
1 March, 1779.
William Armstrong, Captain,
1 October 1777.
Kedar Ballard, Captain,
4 October, 1777.
Gee. Bradley, Captain,
19 September, 1778.
Joseph Montford, Captain,
9 January, 1779.
Edward Yarborough, Captain,
10 May, 1779.
William Fawn, Captain,
1 June, 1781.
Benjamin Bailey, Captain,
8 September, 1781.
Alexander Brevard, Captain,
20 October, 1780.
John Davis, Captain,
8 September, 1781.
John McNees, Lieutenant,
20 November, 1777.
John Clendennen, Lieutenant,
23 December, 1777.
Reuben Wilkinson, Lieutenant,
9 January, 1779.
Francis Graves, Lieutenant,
14 July, 1779.
James Tatum, Lieutenant,
14 December, 1779.
John Ford, Lieutenant,
29 March, 1780.
Samuel Ashe, Lieutenant,
23 January, 1781.
Thomas Dudley, Lieutenant,
10 March, 1781.
Hardy Holmes, Lieutenant,
3 July, 1781.
Joseph Brevard, Lieutenant,
1 August, 1781.
Jonathan Lumas, Surgeon,
26 November, 1776.
Archibald Lytle, Lieut. Colonel,
26 January, 1777.
John Armstrong, Major,
4 October, 1777.
Thomas Donoho, Major,
13 October, 1781.
George Doherty, Captain,
28 October, 1776.
Anthony Sharpe, Captain,
24 August, 1777.
James Mills, Captain,
9 January, 1779.
William Little, Captain,
28 January, 1779.
Samuel Chapman, Captain,
5 April, 1779.
Thomas Evans, Captain,
1 July 1781.
William Fereby, Captain,
1 August, 1781.
Elijah Moore, Captain,
13 October, 1781.
Thomas Clark, Lieutenant,
10 February, 1779.
Curtis Ivey, Lieutenant,
1 February, 1779.
Charles Dixon, Lieutenant,
8 February, 1779.
William Sanders, Lieutenant,
8 February, 1779.
John Campbell, Lieutenant,
5 April, 1779.
Nathaniel Williams, Lieutenant,
23 Jaunary, 1781.
-------------------- page 74 --------------------
Wynn Dixon, Lieutenant,
5 July, 1781.
John Hill, Lieutenant,
5 July, 1781.
William Alexander, Lieutenant,
8 September, 1781.
James Scurlock, Lieutenant,
11 September, 1781.
Joseph Blyth, Surgeon,
——————.

Resolved, That this House do approve of the within arrangement and do accordingly recommend for Continental Commissions the officers therein mentioned.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We send herewith for your concurrence a Resolve recommending for Continental Commissions the officers mentioned in the arrangement made by a Board of officers of the North Carolina line March 30, 1782.

The House adjourned till to-morrow morning at 9 o’clock, Tuesday, 30 April, 1782.

The House met according to Adjournment.

Mr. Thomas Armstrong, one of the members from Cumberland County, was qualified and took his seat.

Read the Petition of Henry Williams; ordered that it be referred to the Committee to settle the accounts of Mr. Sharpe.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith the Petition of Henry Williams, which we propose referring to the Committee appointed to settle the account of Mr. Sharpe. Mr. Johnson moved for leave and presented a Bill for finishing the Court House in the Town of Windsor, in Bertie County, and other purposes, which was read the first time, passed and sent to the Senate.

The Bill to repeal an Act intitled an Act investing the property of a Bridge Company or causeway in Gideon Lamb, his heirs, and assigns already built through the Dismal Swamp from Lebanon to Cambden County for the term of twenty-five years, was read the second time and rejected.

-------------------- page 75 --------------------

Mr. Dawson moved for leave and presented a Bill to repeal an Act intitled an Act to suppress excessive Gaming, which was read the first time and sent to the Senate.

The Bill to encourage Caleb Grainger to build a Bridge over Smith’s Creek at the place where the late Bridge stood in New Hanover County, was read the second time, amended, passed and sent to the Senate.

Read a Petition from a number of Inhabitants of New Hanover County.

Ordered that it be sent to the Senate with the above mentioned Bill.

Mr. Jonathan Harper, one of the members from Randolph County appeared, was qualified and took his seat.

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

Resolved, That Mr. Thomas Crawford have leave of absence during the session and Mr. James Hinton until Monday next.

The House adjourned until to-morrow morning at 10 o’clock.


Wednesday, 1st May, 1782.

The Bill for appointing a place for the future meetings of the General Assembly was read the second time, passed and sent to the Senate.

Read a Petition from a number of the Inhabitants of Hatteras and Ocracoke Island praying to have a new County erected, &c., by taking a part off Carteret, Hyde and Currituck.

Mr. Bryan moved for leave and presented a Bill agreeable to the prayer of said Petition, which was read the first time, passed and sent to the Senate.

Mr. McCulloch moved for leave and presented a Bill to amend an Act intitled an Act for the relief of such persons of particular description as have taken paroles and for other purposes which was read the first time, passed and sent to the Senate.

Mr. Mouring moved for leave and presented a Bill for appointing Commissioners to fix on a place to build a Court House, prison and

-------------------- page 76 --------------------
Stocks in the County of Wayne and for other purposes which was read the first time, passed and sent to the Senate.

Mr. Sharpe moved for leave and presented a Bill to confirm certain patents therein specified, issued in Virginia for lands which, on the extension of the boundary line between this State and that, are found to lie within the State of North Carolina, which was read the first time, passed and sent to the Senate.

Mr. Person moved for leave to enter a protest against the passage of the said Bill.

Ordered that he have leave accordingly.

Received from the Senate a Bill to repeal an Act intitled an Act to suppress excessive Gaming.

A Bill for finishing the Court House in the Town of Windsor, in Bertie County, and other purposes. Endorsed in the Senate 1st of May, 1782, read the first time and passed.

Resolved, That William Bryan, Esquire, of Craven County, be allowed the sum of one hundred pounds specie for a negro man slave who took up Arms against the State, and who was destroyed by some of the good subjects thereof.

Ordered that the following Message be sent to the Senate.

Mr. Speaker & Gentlemen:

We send for concurrence a Resolve allowing William Bryan, Esquire, of Craven County, a hundred pounds specie.

Resolved, That Benjamin Wade, of Granville County, be allowed the sum of three thousand four hundred pounds for thirty days service collecting live Stock for use of the public.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for your concurrence a resolve of this House allowing Benjamin Wade, of Granville County, a certain sum there mentioned.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send herewith the report of the Joint Committee on the Petition of John Ward and others concurred with by this House.

-------------------- page 77 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return the report of the Joint Committee on the Petition of John Ward and others concurred with by this House.

Mr. Payne moved for leave and presented a Bill to confirm the right of a certain patent therein mentioned, which was read the first time, passed and sent to the Senate.

Resolved, That John Green, of Halifax County, be allowed one hundred pounds Specie for a negro executed in said County.

Resolved, That William Eaton, Esquire, be allowed five pounds Specie for a negro executed in Halifax County.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This accompanys two Resolves—the one allowing John Green, a certain sum therein mentioned, the other allowing William Eaton a certain sum, which we sent for your concurrence.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

We agree that the Petition of Henry Williams be referred to the Committee appointed to settle the accounts of Mr. Sharpe.

Mr. Speaker and Gentlemen:

The Resolve of your House respecting the arrangement of the officers of the North Carolina line we return you concurred with. We propose that the Message from His Excellency herewith sent you be referred to the members of the Districts of Hillsborough and Salisbury.

Mr. Speaker and Gentlemen:

The Senate agree that the Petition of John Crawford be referred to the Committee appointed to hear and report on such reason as may by any officers of this State who have taken parole be urged in justification of their having so done.

-------------------- page 78 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House agree that the Message from His Excellency, the Governor, referred to in your Message be referred to the members of the Districts of Salisbury and Hillsborough.

The Bill for dividing the District of Salisbury was read the second time, amended, passed and sent to the Senate.

Dr. Williamson, from the Joint Committee who was referred the Petition of Martha Thompson, reported as follows:

That having inquired into the facts stated in the Petition, they find that on or about the 23 of March, 1781, John Hinton, Jr., with a small party of armed men came to the house of John Strother, in Orange County, where the negroes of Amos Thompson then were, and that he carried off such negroes, viz: Two women and a child, giving as the reason of his conduct that he had lately been robbed of two negroes and other valuable effects by a party of armed men and had reason to believe that Amos Thompson did belong to that robbing party; he added that he should return the negroes of Amos Thompson as soon as his own negroes and other effects should be restored.

Your Committee further find that the said John Hinton, Jr., did remove the negroes of Amos Thompson, into Wake County, and there caused them to be detained. That he afterwards caused the said negroes to be attached for damages, which he supposed he has suffered as above mentioned by Amos Thompson. That at the September Term judgment was obtained and execution issued against the said negroes, and they were immediately sold.

Your Committee apprehend that the whole subject of the Petition is of a judiciary nature and within the cognizance of your Courts of Law, all which is humbly submitted.

HUGH WILLIAMSON,
Chairman.

The House taking the said report into consideration concurred therewith.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for your concurrence the report of the Joint Committee

-------------------- page 79 --------------------
on the Petition of Martha Thompson, concurred with by this House.

Received from the Senate a Bill to confirm certain Patents therein specified, issued in Virginia for lands, which on the extension of the Boundary Line, between this State and that, are found to be within the State of North Carolina. Endorsed in the State 1st May, 1782, read the first time.

Ordered that the said Bill be read, the second time, the same was read the second time, passed and sent to the Senate.

The Bill for levying a further Tax of —— Shillings on every hundred pounds value of Taxable property in the County of Cambden for defraying the expense of compleating the Public Buildings thereof, was read the second time, passed and sent to the Senate.

Mr. J. Macon moved for leave and presented a Bill to amend an act passed at Newbern the 2nd day of May, 1778, Intitled an act to empower the Courts of pleas and quarter Sessions in this State to order the laying off public Roads and establish and settle Ferries and other purposes therein mentioned, which was read the first time passed and sent to the Senate.

Mr. Dickey moved for leave and presented a Bill to amend an act entitled an act for dividing Tryon County and other purposes which was read the first time passed and sent to the Senate.

Mr. Sharpe moved for leave and presented a Bill to establish a department for adjusting and liquidating the public accounts of this State and for appointing a Comptroller which was read the first time, passed and sent to the Senate.

The Bill to Dock the Intail of certain Lands therein mentioned, was read the second time, passed and sent to the Senate.

Mr. Farmer moved for leave and presented a Bill to impower the Commissioners therein mentioned to repair the public Buildings in the Town of Hillsborough, which was read the first time passed, and was sent to the Senate.

Received from the Senate a Bill for the promotion of Learning in the District of Edenton.

A Bill for appointing a place for the future meetings of the General Assembly, Endorsed in the Senate 1st May, 1782, read the second time and passed.

A Bill to confirm the right of a patent therein mentioned.

-------------------- page 80 --------------------

A Bill for appointing Commissioners to fix on a place to build a Court House, Prison and Stocks in the County of Wayne and other purposes.

A Bill to amend an act entituled an act for the relief of such persons of a particular description as have taken paroles and for other purposes. Endorsed in Senate 1st May, 1782, read the second time and passed.

A Bill for dividing the district of Salisbury, Endorsed in the Senate 1st May, 1782, read the second time and passed.

Resolved, That the Bill for the promotion of learning in the District of Edenton, be read To-morrow for the third Time.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send for Concurrence a Resolve in favour of Mr. John Devane of New Hanover County, together with his Petition.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return the resolve of your House in favor of John Devane, of New Hanover County Concurred with by this House.

Read the Petition of Thomas Kilpatrick ordered that it be referred to the Committee of Propositions and Grievances.

The House adjourned til To-morrow morning 6 o’clock.


Thursday, 2nd May, 1782.

The House met according to adjournment.

Mr. Cole moved for leave and presented a Bill appointing Commissioners for the purpose of carrying on and compleating the building of a Court House, Prison and Stocks in the County of Caswell, which was read the first time and passed.

Dr. Williamson moved for leave and presented a Bill for ascertaining what property in this State shall be deemed Taxable property, the method of assessing the same and collecting the public Taxes, which was read the first time, passed and sent to the Senate.

Mr. Bagge moved for leave and presented a Bill for levying a Specific provision Tax for defraying contingencies and supporting

-------------------- page 81 --------------------
the Armies of the United States for the year 1782, which was read the first time passed, and sent to the Senate.

Received from the Senate a Bill for levying a further Tax of one shilling on every hundred pounds value of Taxable property in the County of Cambden, for defraying the expenses of compleating the public Buildings thereof. Endorsed, in the Senate May 1, 1782, read the second time and passed.

A bill to establish a department for adjusting and liquidating the public accounts of this State, and for appointing a Comptroller, Endorsed, in the Senate May 1, 1782, read the first time and passed.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

You will herewith receive the report of the joint Committee on the Petition of Martha Thompson concurred with.

Received from the Senate a Bill to empower the Commissioners therein mentioned to repair the public Buildings in the Town of Hillsborough.

A bill to amend an act passed at Newbern the 2 Day of May, 1773, Intituled an act to empower the Courts of Pleas and quarter Session in this State to order the laying off public Roads & Establish and settle Ferries and other purposes therein mentioned. A Bill to amend an act Intituled an Act for dividing Tryon County and other purposes. Endorsed in the Senate 2 May, 1778, read the first time and passed.

Mr. Person moved for leave and presented a Bill for raising Troops to compleat the Continental Battalions of this State, which was read the first time amended passed and sent to the Senate.

Resolved, That Mr. John Dawson have leave to absent himself from the service of the House during the Session.

Dr. Williamson moved for leave and presented a Bill for the security of the Bank of North America which was read the first time passed and sent to the Senate.

Resolfed, That Mr. Josiah Cole have leave of absence for a few days.

The House adjourned til 10 O’clock.

Met according to adjournment.

-------------------- page 82 --------------------

Read the petition of William Hannah. Ordered that it be referred to the Committee appointed to take under Consideration the Petition of the Quakers in the Western Quarter.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith the Petition of William Hannah which we propose referring to the joint Committee appointed to take under Consideration the Petition of the Quakers in the Western quarter.

We propose that the Petition of Waightstill Avery, of Charles Vandever, and of Thomas Kilpatrick, be also referred to the same committee.

On reading the recommendation of the Courts of Orange and Surry Counties, Resolved that Lazarus Benton, of Surry and William Watson, or Orange County, be exempted from payment of Poll Taxes.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for Concurrence a Resolve for exempting Lazarus Benton and William Watson from the payment of Poll Taxes.

The Order of the Day for reading for the third time the Bill for the promotion of learning in the District of Edenton, being called for and read, the Bill according to order was read the third time amended passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Senate agree that the Petition of Thomas Kilpatrick be referred to the Committee of Propositions and Grievances.

Resolved, That Thomas Tynes be allowed the sum of two Hundred and Eighty Eight pounds for a pair of Cart wheels impressed for the use of the public and not returned, that the Treasurer or either of them pay him the same and be allowed.

Resolved, That John Stewart be allowed the sum of Five Dollars specie for a pair of Cart wheels impressed for the use of the

-------------------- page 83 --------------------
public, and not returned, that the Treasurer or either of them pay him for the same and be allowed.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

We send herewith a Resolve allowing Thomas Tynes a certain sum therein mentioned, also a Resolve allowing John Stewart a certain sum therein mentioned for your Concurrence.

Received from the Senate a Bill for levying a Specific provision Tax for defraying Contingencies and Supporting the Armies of the United States for the year 1782.

A Bill for raising Troops to compleat the Continental Battalions of this State.

A Bill for ascertaining what property in this State shall be deemed Taxable property and the method of assessing the same and collecting the public Taxes.

A Bill for appointing Commissioners for the purpose of carrying on and compleating the Building of a Court House, Prison & Stocks in the County of Caswell. Endorsed in the Senate May 2, 1782, read the first time and passed.

A Bill to confirm certain patents therein specified, issued in Virginia for Lands which on the extension of the boundary Line between this State and that, are found to lie within the State of North Carolina.

A Bill to encourage Caleb Grainger to build a Bridge over Smith’s Creek at the place where the late Bridge stood in New Hanover County. Endorsed, in the Senate May 2, 1782, read the second time, amended and passed.

The Bill to amend an Act entitled an Act for the relief of such persons of a particular discription as have taken paroles and for other purposes, was read the second time, amended, passed, and sent to the Senate.

The Bill to repeal an Act entitled an Act to suppress excessive Gaming was read the second time and rejected.

The Bill to confirm certain patents therein specified issued in Virginia for Lands, which on the extension of the Boundary Lines between this State and that, are found to lie within the State of

-------------------- page 84 --------------------
North Carolina was read the third time, amended, passed and sent to the Senate.

Received from the Senate a Bill for the security of the Bank of North America. Endorsed in the Senate 2nd May, 1782, read the first time and passed.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We propose that the recommendation in the Court of Caswell County in favour of William Kensey and John Swayney and the Petition of William McLean and Younger Burt herewith sent you be referred to the Committee of Propositions and Grievances.

Mr. Speaker and Gentlemen:

We send for your Concurrence a Resolve in favour of David Langley, James Mosby and June Bledsoe, of Franklin County and a resolve in favour of Tabes (?) Bumpass, of Jones County.

Mr. Speaker and Gentlemen:

We send for Concurrence a Resolve in favor of Hezekiah Merritt, of Jones County.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

We agree that the recommendation of the Court of Caswell County in favour of William Kensey and John Swayney, and the Petition of William McLean and Younger Burt be referred to the Committee of Propositions and Grievances.

This House cannot concur with the Resolve of your House exempting David Lansley, James Mosby, James Bledsoe, and Tabes Bumpass from paying taxes, but agree that they be exempted from paying of Poll Taxes.

Mr. Speaker and Gentlemen:

We return the resolve of your House in favor of Hezekiah Merritt concurred with by this House.

Received from the Senate the following Message:

-------------------- page 85 --------------------

Mr. Speaker and Gentlemen:

With this you will receive the Report of the Joint Committee to whom was referred the representation of the Secretary of State, concurred with by this House.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return you the report of the joint Committee to whom was referred the representation of the Secretary of State, Concurred with by this House.

The Bill for ascertaining the Salaries of the Governor, Secretary and other Officers of the State was read the second time, amended, passed and sent to the Senate.

Received from the Senate a Bill to amend an Act entitled an Act for the relief of such persons of a particular description as have taken paroles and other purposes. Endorsed in the Senate 2nd May, 1782, read the second time, amended and passed.

Resolved, That the Bill for appointing a place for the future meetings of the General Assembly be read the third Time Tomorrow.

The Bill to oblige the Inhabitants of Bladen County to attend public meetings with their Arms, was read the third time, passed, and sent to the Senate.

The House adjourned til Tomorrow morning at 6 O’clock.


Friday, 3rd May, 1782.

The House met according to adjournment.

Mr. John Macon from the Committee appointed to settle the accounts of Mr. Sharpe, and to whom was referred the accts. of Colo. James Williams, Deceased, Reported as follows:

That it appears to your Committee that the said Williams had received Twenty-Five Thousand Dollars out of the Treasury to enable him to carry on an expedition against the Common Enemy and that upon examining the aforesaid account we find a ballance due the State of Four Thousand, Three Hundred & Twenty nine and a half Dollars, all which your Committee humbly submit.

J. Macon, Chr.
-------------------- page 86 --------------------

The House taking the said Report into Consideration Concurred therewith, Whereupon, Resolved that Mr. Henry Williams, Executor of the said James Williams, Deceased, pay into the hands of Robert Lanier, Esquire, Treasurer of the District of Salisbury such ballance.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

We send herewith the Report of the joint Committee to whom was referred the Petition of Mr. Henry Williams, Concurred with by this House, & a Resolve in consequence thereof for your Concurrence.

Mr. Thomas moved for leave and presented a Bill to amend an Act entitled an Act for dividing Edgecomb County and for other purposes therein mentioned which was read the first time, passed and sent to the Senate.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

You will herewith receive your Resolve in favor of Thomas Tyner concurred with.

Mr. Speaker and Gentlemen:

We send for Concurrence a Resolve in favour of Benjamin Orman, of Lincoln County.

Mr. Speaker and Gentlemen:

With this you will receive the Resolve of your House exempting Lazarus Benton and William Watson from the payment of Poll Taxes concurred with.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return the Reselve of your House in favour of Benj. Orman, concurred with by this House.

Received from the Senate the following Message.

-------------------- page 87 --------------------

Mr. Speaker and Gentlemen:

We send herewith for yonr perusal and consideration a remonstrance and Petition from a number of the Inhabitants of the District of Salisbury.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House propose that the remonstrance and Petition from a number of Inhabitants of the District of Salisbury be referred to the Committee of Propositions and Grievances.

Read the petition of William McCawley and John Branch. Ordered that it be referred to the Committee appointed to settle the accounts of Mr. Sharpe, &c.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

We send herewith the petition of William McCawley and John Branch which we propose referring to a joint Committee to whom was referred the settlement of Mr. Sharpe’s accounts.

The Bill for regulating the Town of Edenton was read the third time, amended, passed and sent to the Senate.

The House adjourned till 10 o’clock.

Met according to adjournment.

Read the Memorial of Richard Nassau Stephens; ordered that the same be referred to the Committee to whom was referred the Petition of John Hay.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith the Memorial of Richard Nassau Stephens, which we propose referring to the Committee to whom was referred the Petition of John Hay.

The Bill for levying a further Tax of one shilling on every hundred pounds value of Taxable property in the County of Cambden for defraying the expenses of compleating the Public Buildings, was read the third time, amended, passed and sent to the Senate.

-------------------- page 88 --------------------

Received from the Senate a Bill for ascertaining the Salaries of the Governor, Secretary and other Officers of the State. Endorsed in the Senate 3rd of May, 1782, read the second time, amended and passed.

A Bill to amend an Act intitled an Act for dividing Edgecombe County and for other purposes therein mentioned. Endorsed in the Senate 3rd May, 1782, read the first time and passed.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

We agree that the Petition of William Hannah, Waightstill Avery, Esquires, Charles Vandiver and Thomas Kilpatrick be referred to the Committee appointed to take under Consideration the Petition of the Quakers in the Western Quarter.

Mr. Speaker and Gentlemen:

We return the report of the Joint Committee to whom was referred the Petition of Henry Williams and the Resolve of your House entered into in consequence thereof concurred with.

Mr. Speaker and Gentlemen:

With this you will receive the report of the Joint Committee on the accounts of Thomas Burke, Esquire, late Governor of the State, which we concur with.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return herewith the report of the Joint Committee on the accounts of Thomas Burke, Esquire, late Governor of this State, concurred with by this House.

Mr. John Macon, from the Committee to whom was referred the Petition of Timothy Bloodworth, Esq., Treasurer of the District of Wilmington, reported as follows:

That upon examining of the said Bloodworth’s books and vouchers, we find a balance due the State of Five Thousand and six pounds, nine shillings and eleven pence, three farthings.

And further, your Committee having taken up sundry extra services,

-------------------- page 89 --------------------
which we recommend to be allowed to said Mr. Bloodworth as follows:

Attending three several times at Newbern, to receiving Money from the Signers, agreeable to Law, the distance of Eighty Miles, supposed to be twenty-one days, Eight hundred & forty pounds. Sending into the several Counties to collect Money for the use of the Army, agreeable to Governor Nash’s orders, Two Thousand Eight Hundred and fifty pounds. Sundry expresses to the different Counties within the district with Copies of two Acts of Assembly to forward the raising the Continental Troops at request of Messrs. Coor and Pasteur two Thousand pounds. Going to Wilmington to preserve Loan Office Certificates and acting in that department, twelve hundred pounds.

For attending at the place of rendezvous and afterwards at the Town of Wilmington to pay the bounty of the Soldiers & Signing the Tickets for that purpose, &c., Two Thousand four hundred pounds.

Salary for the year, 1771, at 60 Specie, which we recommend to be allowed at the rate of Eight hundred for one, Forty-Eight Thousand pounds.

Upon the whole your Committee find that there is due from the State to Mr. Bloodworth the sum of Fifty-One Thousand six hundred and Eighty-Three pounds, Ten Shillings, all which is submitted.

J. MACON,
Chairman.

The House taking the said Report into consideration concurred therewith, whereupon Resolved that the Treasurer or either of them pay him the same and be allowed.

Mr. Montfort moved for leave and presented a Bill for directing the Sale of confiscated property, which was read the first time, passed and sent to the Senate.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons propose Balloting at 4 o’clock this evening for Delegates to represent this State in Congress the Current year, a Council

-------------------- page 90 --------------------
of State, a Judge of the Court of Admirality and Marshal for Port Brunswick and an Attorney General, and for a place at which the future Assembly shall be held, and put in nomination for Delegates Abner Nash, Dr. Hugh Williamson, Thomas Person, William Blount, Benjamin Hawkins, Richard D. Spaight, Joseph Jones, Archibald McLaine and Adlai Osborne, Esquires.

For a Council of State: John Penn, Richard Henderson, Spruce McCoy, Willie Jones, John Taylor, William Johnson, Whitmel Hill, Griffin Rutherford, Hezekiah Alexander, Benjamin Seawell, Phillip Hawkins, Sen., Allen Jones, Joseph Winston and Robert Lanier, Esquires.

For a Judge of the Court of Admirality for Port Brunswick, John A. Campbell.

For a Marshal, Thomas Bloodworth.

For an Attorney General, Alfred Moore and John Kinchen, Esquires.

For a place at which the future Assembly shall be held, Halifax, New Berne, Cross Creek, Hillsborough and Tarborough.

If you accede to this Proposition you’ll signify the same by Message.

Mr. Spaight moved for leave and presented a Bill for appointing Public Treasurers and directing their Duty in Office, which was read the first time, passed and sent to the Senate.

Mr. Sharpe moved for leave and presented a Bill to regulate and ascertain the fees of the Secretary of State, the Governor’s Private Secretary and the Surveyors, which was read the first time, passed and sent to the Senate.

The Bill to encourage Caleb Grainger to build a Bridge over Smith’s Creek at the place where the late Bridge stood in New Hanover County, was read the third time, amended, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Senate agree that the General Assembly ballot at four o’clock this evening as by you proposed, and add to the nomination for Delegates, Robert Irwin, Esquire. Mr. Coor and Mr. Macon, will

-------------------- page 91 --------------------
superintend the balloting, which we propose shall be as usual in the Church.

Received from the Senate a Bill directing the sale of confiscated property. Endorsed in the Senate May 3rd, 1782, read the first time and passed.

Received from His Excellency, the Governor, the following Message:

To the Honorable the General Assembly—Gentlemen:

As there are a number of vacancies in the Legionary Troops of this State, a return of which I do myself the honor to lay before you, you will please to make further appointments or direct the same to be done in the manner most agreeable to you.

At the same time permit me to suggest it will be necessary to point out by a Resolve of your Honorable Body the mode of rise in the two Corps of said Troops that the Officers’ Rank can be ascertained with precision and future disputes prevented.

ALEX. MARTIN.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith a Message from His Excellency, the Governor, with the papers therein referred to, which we propose shall be referred to a Joint Committee, and that this Committee point out the mode as recommended by His Excellency, the Governor; for this purpose Mr. Payne, Mr. J. Macon, Mr. Phifer and Mr. Armstrong will act as a Committee with such Gentlemen of the Senate as may be appointed.

Mr. Speaker and Gentlemen:

We send herewith the report of the Joint Committee on Mr. Bloodworth’s Petition concurred with by this House, and a Resolve in consequence thereof for your concurrence.

Resolved, That the Bill for giving an Equity jurisdiction to the Superior Courts be read to-morrow for the third time.

A Bill for dividing the District of Salisbury was read the third time, amended, passed and sent to the Senate.

Received from the Senate the following Messages:

-------------------- page 92 --------------------

Mr. Speaker and Gentlemen:

The Senate agree that Tabes Bumpass be exempted from paying Poll Taxes.

Mr. Speaker and Gentlemen:

The Senate have added to the nomination of Councillors Memucan Hunt, Esquire, and Thomas Jones for Marshal of Port Brunswick.

Mr. Speaker and Gentlemen:

We agree that the Memorial of Richard Nassau Stephens be referred to a Committee appointed to take under consideration the Petition of John Hay.

Mr. Speaker and Gentlemen:

The Senate agree that the remonstrance from a number of the inhabitants of Salisbury District be referred to a Committee on Propositions and Grievances.

Mr. Speaker and Gentlemen:

We agree that the Petition of William McCawley and John Branch, Esquires, be referred to the Committee appointed to settle the accounts of Mr. Sharpe.

The Bill for ascertaining the Salaries of the Governor’s Secretary and other Officers of the State, was read the third time, amended, passed and sent to the Senate.

Resolved, That Mr. Jones have leave to absent himself from the service of the House, after to-morrow, during the Session, and Mr. Cain until Monday next.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Senate propose that the time when the next Assembly shall be held be also balloted for and nominate for that purpose the first Monday in November next.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons agree to ballot for the time when the next Assembly

-------------------- page 93 --------------------
shall be held and nominate the second Monday in October next. Mr. Payne and Mr. Winslow will superintend the balloting on the part of this House.

Received from the Senate the following Message.

Mr Speaker and Gentlemen:

We send for concurrence a Resolve respecting the printed Certificates issued in virtue of an Act of Assembly passed in February, 1781.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return the Resolve of your House, respecting the printed Certificates Concurred with.

Resolved, That the Bill for ascertaining what property in this State shall be deemed Taxable property, the method of assessing the same and collecting the Public Taxes be read on Monday next the second time.

Mr. Avery moved for leave to enter his protest against the passage of the Bill to confirm Certain patents therein specified, issued in Virginia for lands, which, on the extension of the Boundary line between this State and that, are found to lie within the State of North Carolina.

Ordered that he have leave to enter his protest as follows because the preamble thereof acknowledges too much and may prove a dangerous precedent to encourage the encroachments of Virginia.

Because the first Enacting paragraph ratifys and confirms Grants and Acts of that State which are an usurpation of property which they have disclaimed by their Constitution and in usurpation of authority beyond the limits to which the Federal Union ought to confine them and the same paragraph, and defeats all over legal and equitable, titles of the first and present settlers to the Lands therein mentioned except by grant or deed, whereas several other legal justifiable and equitable means of acquiring property are excluded by descent and other wise and this exclusion takes place in favour of the several old grants enumerated which may have been void even

-------------------- page 94 --------------------
by the Laws of Virginia for twenty years after the settlers had acquired equitable claims, agreeable to the Laws of both States the Confirmation which then took place in Virginia, and the grant made in that State in the year 1779 may have been in prejudice of better legal and equitable titles of many settlers whose Claims are ousted and defeated by this Act, although the parties have not been heard.

The Act in this view is unconstitutional and it is my opinion that valuable Improvements made on the premises by honest settlers under the sanction of Custom and Law in equity and good Conscience ought be secured them to them against all speculation of those, who, after such improvements made, might from lucrative and covetous views, wish to obtain grants over their Heads or for a small consideration buy up old dormant Claims to deprive old settlers of their honest labor, which may have been the Case of the grant of 1779.

And because that, if the State of Virginia should ratify and obsolete dormant claims for Lands in this State the Legislature ought not, in establishing such Virginia claims, to abolish all legal and equitable claims of our own Citizens who possess the same Lands by Titles which they deem both legal and equitable.

3rd. Because the investigation of the Titles under this Act ought to be made in the Supreme Courts of Law before Judges of the greatest knowledge and abilities and the causes tried by Juries every way impartial, whereas by this Act the trial is directed to be had before any Justice of the Peace who cannot be supposed to possess sufficient Law knowledge and by a Jury of the County where the people have so generally taken part in the disputes and cannot be presumed so impartial as a Jury at the Superior Court who came from the several Counties of the District..

A Judge without sufficient knowledge and a Jury under the influence and bias of passions pre-engaged, have power to dispossess the honest settlers of those Lands of their property acquired by the labor and industry of their whole lives.

WAIGHTSTILL AVERY.

Mr. Winston, from the joint balloting for the several officers, &c., reported that on examining the ballots it appeared that by a majority

-------------------- page 95 --------------------
of the votes of both Houses of the General Assembly that Abner Nash, Dr. Hugh Williamson, Benj. Hawkins and William Blount were elected Delegates to represent this State in Congress the Current year.

Richard Henderson, Allen Jones, Spruce McCoy, Phil. Hawkins, Senator Griffith Rutherford, Benjamin Seawell and John Penn, Esquire, a Council of State.

Alfred Moore, Esquire, Attorney General; John A. Campbell, Esquire, Judge of a Court of Admiralty for Port Brunswick, and Thos. Bloodworth, Esquire, Marshal of the said Port.

That the next Assembly is to be held the first Monday in November next, and that the place at which it shall be held is still to ballot for.

The House taking the said Report into consideration Concurred therewith.

The matters of this Day being postponed, the House adjourned till to-morrow, 10 o’clock.


Saturday, 4th May, 1782.

The House met according to adjournment.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Senate propose that the General Assembly ballot immediately for the place at which the next General Assembly shall be held.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons agree to ballot immediately for a place at which the future Assemblys shall be held.

Received from the Senate a Bill to regulate and ascertain the fees of the Secretary of State, and the Governors private Secretary and the Surveyors.

A Bill for appointing Public Treasurers, and directing their Duty

-------------------- page 96 --------------------
in Office. Endorsed in Senate 3 May, 1782, read the first time and passed.

Mr. Winslow from the joint balloting for place at which the future Assembly shall be held reported that Hillsborough was the place at which the next Assembly is to be held as appears by a majority of the votes of both Houses.

The House taking the said Report into consideration Concurred therewith.

Resolved, That Mr. Jeffreys have leave to absent himself from the service of this House until Monday next.

Resolved, That Mr. William Bryan have leave to absent himself from the service of this House after Monday next.

Mr. Nash moved for leave and presented a Bill for laying a further Tax of —— shillings on every hundred pounds value of Taxable property in the County of Jones for defraying the expense of compleating the public buildings thereof, which was read the first time, passed and sent to the Senate.

Mr. Phil Hawkins moved for leave and presented a Bill to amend an Act to prevent burning the woods, which was read the first time, passed and sent to the Senate.

Read the Petition of William Borden. Ordered that the same be referred to the Committee appointed to take under Consideration the Petition of the Quakers in the Western Quarter.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith the Petition of William Borden which we propose referring to the joint Committee to whom the Petition of the Quakers in the Western Quarter was referred.

Resolved, That this House will not receive any new Bills after Monday next only of a public nature.

The Bill to appoint Commissioners for fixing on a place within the County of Anson to build a Court House, prison and stocks, and other purposes therein contained, was read the first time, passed and sent to the Senate.

Read the Petition of James Archer, John Griffith, David Mucklewrath, Brice Collins, and Lewis Hicks, and the representation of the upper Board of Auditors for the District of Salisbury. Ordered

-------------------- page 97 --------------------
that they be referred to the Committee to whom the Petition of the Quakers of the Eastern Quarter was referred.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

We send herewith the Petition of James Archer, John Griffith, David Mucklewrath, Brice Collins and Lewis Hicks and the repsentation of the upper Board of Auditors for the District of Salisbury, all of which we propose referring to the joint Committee, to whom was referred the Petition of the Quakers of the Eastern Quarter.

Read the Petition of John Walker, Esqr. Ordered that it be referred to the Committee to whom was referred the Petition of John Spears.

Read the Petition of sundry of the Inhabitants of Surry County and the Petition of Giles Kelly and Absalom Manley of Wilkes County, and a representation of Grievances from the District of Salisbury. Ordered that they be referred to the Committee of Propositions and Grievances.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith the Petition of John Walker which we propose referring to the Committee to whom was referred the Petition of John Spears.

The Petition of sundry of the Inhabitants of Surry County and the Petition of Giles Kelley and Absalom Manley of Wilkes County and a representation of Grievances from the District of Salisbury. We propose referring to the Committee of Propositions and Grievances.

Whereas, it appears from under the hands of the Clerk of Tyrrell County that three Bills of Indictment have been lately found against James Philips, Esqr., one of the Justices of the Peace for the said County for Misdemeanor in office.

Therefore Resolved that the said James Philips be and he is hereby cited to appear before the next General Assembly, and show cause if any he can, why he shall not be turned out of office for such Misdemeanor.

-------------------- page 98 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith for Concurrence a Resolve for citing James Philips, one of the Justices of the Peace in Tyrrel County, to appear before the General Assembly, &c.

Received from the Senate a Bill for levying a further Tax of —— shillings on every hundred pounds of value of Taxable property in the County of Jones for defraying the Expense of the compleating the public Buildings thereof.

A Bill to amend an Act entitled an Act to prevent burning the woods. Endorsed in the Senate 4 May, 1782. Read the first time and passed.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

Mr. Lockhart, Mr. Macon and Mr. John Baker will act with the Gentlemen by you appointed to consider of His Excellency, the Governor’s Message of yesterday and the Papers therein alluded to.

Mr. Speaker and Gentlemen:

We send herewith the report of the joint Committee on the Petition of Joseph Benthal concurred with by this House.

Ordered that the following Message be sent to Senate:

Mr. Speaker and Gentlemen:

We return the Report of the joint Committee on the Petition of Joseph Benthall, concurred with by this House.

The Bill for appointing Commissioners to fix a place to build a Court House, Prison and Stocks, in the County of Wayne and other purposes, was read the second time, amended and passed.

Mr. J. Macon moved for leave and presented a Bill to amend an Act intitled an Act to amend an Act passed at Newbern in May, 1780, intitled an Act to enlarge the jurisdiction of the Justices of the Peace and other purposes which was read the first time, passed and sent to the Senate.

Received from the Senate a Bill to appoint Commissioners for fixing on a place within the County of Anson to build a Court House, prison and stocks, and other purposes therein contained.

-------------------- page 99 --------------------

A Bill for appointing Commissioners to fix on a place to Build a Court House, Prison and Stocks in the County of Wayne, and other purposes. Endorsed in Senate 4 May, 1782, read the second time passed.

The Bill to amend an Act intitled an Act for dividing Tryon County and other purposes, was read the second time, amended, passed and sent to the Senate.

The Bill to amend an Act passed at Newbern the 2nd May, 1778, Intitled an Act to empower the Courts of pleas and quarter Sessions in this State to order the laying out of public Roads and establish and settle Ferries and other purposes therein mentioned was read the second time, amended, passed and sent to the Senate.

The Bill to alleviate in some degree the distress of the Inhabitants of the several Counties in the District of Wilmington, was read the second time, amended, passed and sent to the Senate.

The House adjourned till 4 o’clock p. m.

Met according to adjournment.

Read a Petition from a number of the Inhabitants of Burke County praying that a part thereof be added to Lincoln County, whereupon Mr. Sharpe moved for leave and presented a Bill agreeable to the prayer of the said Petition, which was read the first time, passed and sent to the Senate.

Resolved, That Mr. John Moore have leave to absent himself from the service of the House during the session.

Received from the Senate a Bill to amend an Act entitled an Act for dividing Tryon County and other purposes.

A Bill to amend an Act passed at Newbern the 2nd day of May, 1778, entitled an Act to empower the Courts of Pleas and Quarter Sessions in this State to order the laying off of Public Roads and establish and settle ferries and other purposes therein mentioned.

A Bill to alleviate in some degree the distresses of the Inhabitants of the several Counties in the district of Wilmington. Endorsed in Senate 4 May, 1782, read the second time and passed.

A Bill to amend an Act entitled an Act to amend an Act passed at Newbern in May, 1780, entitled an Act to enlarge the Jurisdiction of the Justices of the Peace, and for other purposes.

-------------------- page 100 --------------------
Endorsed in the Senate 4 May, 1782, read the first time and passed.

Bill for finishing the Court House in the Town of Windsor in Bertie County, and other purposes, was read the second time, amended, passed and sent to the Senate.

The Bill to amend an Act entitled an Act for dividing Edgecombe County and for other purposes therein mentioned, was read the second time, amended, passed and sent to the Senate.

A Bill for appointing Commissioners for the purpose of carrying on and compleating the Building of a Court House, Prison and Stocks in the County of Caswell, was read the second time, amended, passed and sent to the Senate.

Read the Petition of William Eldridge, whereupon resolved, that the Commissioners of Confiscated estates in the County of Rowan be authorized and directed to put the said William Eldridge in possession of two tracts of land of a hundred and fifty acres each on the waters of Hunting Creek entered in the name of Nicholas Aldridge, supposed to come within the description of Confiscated estates. And that the State relinquish all Claim to the Lands aforesaid.

Ordered that the following be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith the Petition of William Eldridge, and a resolve of this House in consequence thereof for your Concurrence.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

The Senate agree that the Petition of John Walker be referred to the Committee to whom was referred the Petition of John Spears. They also agree that the other Petitions and the representation by you mentioned be referred to the Committee of Propositions and Grievances.

Mr. Speaker and Gentlemen:

We agree that the several Petitions by you enumerated and the representation of the upper Board of Auditors be referred to the

-------------------- page 101 --------------------
Committee to whom was referred the Petition of the Quakers in the Eastern Quarter.

Mr. Speaker and Gentlemen:

The Senate agree that the Petition of William Borden be referred to the Committee, to whom was referred the Petition of the Quakers in the Western Quarter.

Mr. Speaker and Gentlemen:

The Resolve of your House citing James Philips of Tyrrell County to appear before the next Assembly we Concur with.

Mr. Speaker and Gentlemen:

We propose that the Petition of Nathan Bryan and Lewis Bryan, Esqrs. of Jones County, herewith sent you, be referred to a joint Committee and have for that purpose appointed Mr. McDowell, Mr. Gray and Mr. Bass who will act jointly with such Gentlemen as you may appoint for that purpose.

Mr. Speaker and Gentlemen:

You will herewith receive the petition of Edward Nicholson, which we propose referring to the Committee appointed to consider of and report on such excuses as by any officers of this State who have taken paroles from the Enemy be urged in justification of their having so done.

Mr. Speaker and Gentlemen:

We send for Concurrence a Resolve respecting the proceedings of a Court Martial, held for the trial of Col. Charles McDowell of Burke County. We also send herewith the proceedings aforesaid.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons agree to refer the Petition of Lewis Bryan and Nathan Bryan, Esquire, to a Joint Committee, and have for that purpose appointed Mr. Turner, Mr. Shelby, Mr. Hardin, Mr. P. Hawkins and Mr. Nash a Committee.

Mr. Speaker and Gentlemen:

The Commons agree that the Petition of Edward Nicholson be

-------------------- page 102 --------------------
referred to the Committee appointed to consider of and report on such excuses as may by any Officers of this State who have taken Paroles from the Enemy be urged in justification of their having so done.

Mr. Speaker and Gentlemen:

We return the Resolve of your House in favour of Col. Charles McDowell Concurred with by this House.

Matters of this Day referred to being postponed till Monday the House adjourned till To-morrow Morning, 10 o’clock.


Sunday, 5 May, 1782.

The House met according to adjournment.

Received from the Senate a Bill for adding a part of Burke County to Lincoln County, for appointing Commissioners for the purposes therein mentioned and for laying a Tax to complete the Buildings therein. Endorsed in the Senate, 4 May, 1782, read the first time and passed.

A Bill to amend an Act entitled an Act for dividing Edgecombe County and for other purposes therein mentioned. Endorsed in Senate 4 May, 1782, read the second time, amended and passed.

Received from the Senate the following messages.

Mr. Speaker and Gentlemen:

We send for Concurrence a Resolve directing the Treasurers or either of them to pay James Glasgow, Esqr., a certain sum therein mentioned.

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House in favor of George Lewis of Rutherford County.

Read a recommendation from the Court of Cumberland County in favor of Daniel Shaw, whereupon Resolved, that the said Daniel Shaw be allowed the sum of Thirty pounds Specie to be paid him by the Commissioner of said County in Specific Commodities.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return the Resolve of your House allowing James Glasgow,

-------------------- page 103 --------------------
Esquire, a certain sum therein mentioned and the Resolve in favour of George Lewis concurred with. We also send for Concurrence a Resolve of this House allowing Daniel Shaw a certain sum therein mentioned.

Received from the Senate the following Message.

Mr. Speaker and Gentlemen:

We send herewith the resignation of Robert Bignall, Esquire, Commissioner of Trade which is accepted by this House.

Mr. Avery moved for leave and presented a Bill for granting out certain vacant lands therein mentioned, which was read the first time, passed and sent to the Senate.

Mr. Bryan, from the Committee to whom was referred the petition of the settlers upon Cumberland River reported as follows:

That they have maturely considered the case of the petitioners and find from the best information they can obtain that a number of Families settled at that place in the year 1779, which was previous to the passing of the Law reserving Certain Lands upon Tennessee and Cumberland Rivers for the Officers and Soldiers of the State line. That there is now a considerable settlement tho’ greatly diminished from what it was in the year 1780. Your Committee have collected the opinion of the officers of the line respecting establishing a County and Granting the Lands where the settlement now is, their sentiments are so communicated in writing which is herewith submitted.

Notwithstanding which your Committee are of opinion the petition ought not wholly to be Rejected, as they are of opinion the Lands reserved are more than sufficient for the purpose of Soldiery, all of which is submitted.

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence the report of the joint Committee to whom was referred the petition of the Inhabitants on Cumberland River concurred with by this House.

-------------------- page 104 --------------------

Mr. Sharpe moved for leave and presented a Bill for establishing a County by the name of—on Cumberland River, ascertaining the quantity of Land for each Officer and Soldier in the Continental line, and for appointing Commissioners to survey the same, which was read the first time, passed and sent to the Senate.

Read the Petition of John Warrington in behalf of the Inhabitants of Tyrell County ordered that the same be referred to a joint Committee.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith the Petition of John Warrington which we propose referring to a joint Committee and do for that purpose on our part appoint Mr. Nash, Mr. J. Johnston, Mr. McCulloch, Mr. Bryan, Mr. Bagge, Mr. McCawley and Mr. Gorham, Mr. Person and Mr. P. Hawkins a Committee.

We also appoint Mr. McCawley, Mr. Sharpe and Mr. P. Hawkins, a Committee who will act with such Gentlemen of the Senate as may be appointed to devise Ways and Means to defray the expenses of the Members of the General Assembly and also Ways and Means to support the Delegates in Congress and other Officers of the Civil list.

The Bill for Building a Prison and Jailer’s House in the Town of Edenton was read the second time, amended, passed and sent to the Senate.

Mr. Hardin moved for leave and presented a Bill for dividing Washington County into two distinct Counties and for other purposes therein mentioned, which was read the first time, passed and sent to the Senate.

Mr. Herndon moved for leave and presented a Bill to repeal part of an Act entitled an Act to suppress excessive Gaming, and to amend the said Act which was read the first time, passed and sent to the Senate.

Read the Memorial of Dennis O’Brian, ordered that it be referred to the Commtttee of Propositions and Grievances.

Read the Petition of Martin Hanchey, ordered that it be referred to the Committee to whom was referred the Petition of John Spears.

-------------------- page 105 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith the Memorial of Dennis O’Brian, which we propose referring to the Committee of Propositions and Grievances, and the Petition of Martin Hanchy which we propose referring to the Committee to whom was referred the Petition of John Spears.

Received from the Senate a Bill to repeal a part of an Act entitled an Act to suppress excessive Gaming and to amend the said Act. Endorsed in the Senate 5 May, 1782. Read the first time and passed.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

Mr. Coor, Mr. James Williams and Mr. Locke will with the Gentlemen by you appointed consider of and report on the Petition of John Warrenton.

And Mr. Irwin, Mr. Guion, Mr. Moore and Mr. Coor, will set with the Gentlemen by you appointed to devise Ways and Means for defraying the expenses of the Members of the General Assembly, &c.

Mr. Speaker and Gentlemen:

Your Resolve in favour of William Eldridge, we return you Concurred with.

Mr. Speaker and Gentlemen:

We do not Concur with your Resolve allowing Daniel Shaw thirty pounds Specie, but will consent that he be allowed Thirty Barrels of corn.

Mr. Speaker and Gentlemen:

We send herewith the Report of the joint Committee on the Memorial of Jesse Darden and Joseph Herring concurred with by this House.

Mr. Speaker and Gentlemen:

With this we send you the report of the joint Committee on the Memorial of Richard Nassau Stephens, Concurred with by this House.

-------------------- page 106 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return herewith the Report of the joint Committees on the Petition of John Darden and Joseph Herring, and on the Memorial of Richard Nassau Stephens, Concurred with by this House.

We agree that Daniel Shaw be allowed Thirty Barrels of Corn instead of Thirty pounds of Specie which this House allowed him by Resolve of this day.

Mr. Bryan moved for leave and presented a Bill for establishing a Copy of a Deed therein menioned which was read the first time, passed and sent to the Senate.

Mr. Person, from the Committee of Propositions and Grievances, reported as follows:

That they have taken under Consideration the Petition of William Blount, and that it is the opinion of your Committee, that the State Auditors or such other Board as shall be established to settle and adjust public accounts be directed to settle with him, the said William Blount, in the same manner under the same laws and regulations as they do other persons entrusted with public Money and that they make him an allowances of such sums of Money as he shall make appear (to their satisfaction) that he lost on the 16 day of August, One Thousand Seven Hundred and Eighty. That they have taken under consideration the Petition and other Papers, respecting the suspension of William Tisdale, Esqr., Judge of the Court of Admiralty of Port Beaufort, and having duly Considered the same are of opinion that the Resolution of the General Assembly of the Thirteenth July, 1781, suspending the said Judge from the execution of his office ought to be rescinded as being in the opinion of your Committee a violation of the Twelfth Article of the Bill of Rights.

That they have taken under consideration the Petition and Representation of the Justices of New Hanover County, and are of opinion that where any Military man has heretofore, or may hereafter, for any delinquency be turned over, or shall voluntarily enter themselves as Soldiers in the Continental Service, upon producing to any County Commissioner where the Family of such person resides, a Certificate from under the hand of any Continental Officer or the Commanding Officer of the County, that he has present such

-------------------- page 107 --------------------
delinquent Militiaman, or that he is actually serving in the Continental Army and also a Certificate from the Court of the County or from under the Hands of any two Justices of the Peace that such Soldier has a wife and one or more children under the age of ten years, and that such Family are likely to suffer in that Case, it is the Opinion of your Committee that the Commissioner be directed to issue the same quantity to the Family of each and every such Soldier as is directed to be issued to persons entering the Continental service by an act passed at Halifax, February, 1781.

And that it is the opinion of your Committee that the most eligible effort made for relief to our distressed Military Officers and Soldiers and other citizens hereafter, that now are or may be in captivity with the Enemy is to recommend to His Excellency, the Governor, to negotiate and exchange upon principles of equality as speedily as possible and in the mean time to cause to be forwarded to them such relief as is in his power and as he shall think proper.

That your Committee have taken under consideration the Petition of Mary Mullen and are of opinion that sufficient provision is already made in her Case by Act of Assembly passed at Wake Court House.

That they have read the Petition of John Cole, and it appearing that there are a number of Cases in this State similar to his, that his Petition lay before the House for further Consideration.

That your Committee present as a Grievance, not to be borne in a Government where Civil Law is established the abominable practice of Robbing and Plundering and recommend that a Law be passed making the Penalties more penal so as in the future to prevent such practices.

That your Committee present as a Grievance the establishment of a Commissary General in this State as now exercised by a numerous train of Deputies and Assistant Deputies. They also represent that it appears to your Committee that some of those Deputies are exercising the most unlimited powers in calling upon County Commissioners and receiving from them Public Stores of every denomination and making Grievances and unheard of impressments and requisitions on men of little or no property whereby the State or injured Citizens might be secured; that your Committee also observe that the same abuses prevail in a very extensive latitude in the Quarter

-------------------- page 108 --------------------
Master’s Department, whereby great waste of Public Store and impress private property daily made.

They are, therefore, of opinion that these Offices ought to be annihilated and the Commissary and Quarter Master’s Departments supplied by a Law to be prepared for that purpose, and that a Committee be appointed to prepare and bring in a Bill for that purpose upon such principles as will most tend to lessen the number of Officers and Servants in those Departments and for regulating impressments of every Denomination.

THOMAS PERSON,
Chairman.

The House taking the said Report into Consideration concurred therewith, excepting that paragraph respecting William Tisdale, Judge of the Court of Admiralty, and rescinding a Resolution of the last General Assembly of the 13th July, 1781, herein alluded to, which they do reject.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith the Report of the Committee on Propositions and Grievances for your Concurrence, which is concurred with by this House, who have appointed Mr. Nash and Mr. Sharpe a Committee on their part to act jointly with such Gentlemen of the Senate as may be appointed to prepare and bring in Bills agreeable to such Report.

The House adjourned till to-morrow morning, 6 o’clock, Monday, 6th May, 1782.

The House met according to adjournment, and adjourned till 10 o’clock.

Mr. J. Johnston, from the Committee for settling with the County Commissioners, &c., reported,

that having taken under consideration the account of John Baker, the Commissioners for County of Hertford have settled with him in the following manner: It appears to your Committee that there remains in his hands of specific Articles for the year one thousand seven hundred and eighty-one, six hundred and sixty-six Barrells, one Bushel and one peck of Indian

-------------------- page 109 --------------------
Corn or the value thereof and seventeen bushels of Salt, all which were by him delivered up to the Justices of the said County, for which delivery there appears no receipt; that he furnished your Committee with a receipt for having paid to Timothy Bloodworth, Esqr., Treasurer for the District of Wilmington, the sum of six thousand nine hundred and thirty pounds sixteen shillings the balance of public Monies in his Hands, part received from the Treasurer of the County, and part from delinquents and that there is due to him for Commissions for receiving and issuing ninety-five pounds, two shillings, for which he is entitled to Specie Certificates if the General Assembly concur with this report, all which is submitted.

JOHN JOHNSTON,
Chairman.

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

Read the Memorial of Col. James Armstrong; ordered that it be referred to a Joint Committee.

Read the Memorial of Joseph Martin, of Sullivan County, agent and Superintendent of Indian affairs; ordered that it be referred to a Joint Committee.

Mr. Bryan presented an account for Horses purchased for the use of General Greene’s Army; ordered that the settlement thereof be referred to the Committee appointed to settle with the County Commissioners, &c.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for your concurrence the Report of the Joint Committee on the settlement of Mr. John Baker’s accounts as Commissioner of Hertford County, concurred with by this House.

We send the Memorial of Colonel James Armstrong, which we propose referring to a Joint Committee and have appointed General Caswell, Mr. Bryan and Mr. Macon a Committee on their part for that purpose.

Also the Memorial of Joseph Martin, of Sullivan County, Agent and Superintendant of Indian Affairs, which we propose referring to a Joint Committee, and for that purpose do appoint Mr. Shelby,

-------------------- page 110 --------------------
Mr. Person and Mr. Avery a Committee, and also the account of Lewis Bryan, Commissioner for purchasing Horses in the District of New Berne; the settlement of which we propose referring to the Committee appointed to settle with the County Commissioners, &c.

Mr. Bagge, from the Committee to whom was referred the Petition of William Borden, reported as follows:

Your Committee are of opinion that your Petitioner has suffered considerable losses, but that it would not be expedient to grant his request to be exempted from Taxes in the years 1782 and 1783; yet that it will be just that he pay no Taxes in 1782 for his Negroes carried away by the Enemy, tho’ they were in his possession on the first of April last past.

And your Committee are further of opinion that your Petitioner’s request to receive Governor Martin’s papers to exchange for his in possession of the Enemy should not be granted, which is submitted.

TRANGOTT BAGGE,
Chairman.

The House taking the said Report into consideration, concurred therewith, except that part respecting the exchanging of Governor Martin’s Papers, &c. Whereupon Resolved, that the subject thereof be referred to the Governor and Council.

And Resolved further, thatthe said William Borden have permission to ransom his Slaves, lately captured by the Enemy, and that it be recommended to His Excellency, the Governor, to grant him a Flag of Truce for that purpose.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

We send herewith for concurrence a Report of the Joint Committee on the Petition of William Borden, concurred with by this House; also a Resolve in consequence thereof.

Read the resignation of Joseph Herndon as First Major of the Wilkes Regiment of Militia.

The Honorable Speaker laid before the House a letter from Thos. Burke, Esqr., to the Governor of this State, and formerly a member of Congress.

Resolved, That the Subject thereof be referred to the Committee to

-------------------- page 111 --------------------
whom was referred the settlement of his accounts as Governor.

Received from His Excellency, the Governor, a Message of this day, which, being read, was ordered to be sent to the Senate for their perusal.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith the resignation of Joseph Herndon, First Major of Wilkes Regiment of Militia, also a letter from Thomas Burke, Esqr., the subject of which we propose referring to the Committee to whom the settlement of his accounts as Governor was referred, and also a Message from His Excellency, the Governor, for your perusal.

Mr. Edward Williams, one of the members of Randolph County, appeared, was qualified and took his seat.

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

Mr. W. Moore moved for leave and presented a Bill laying a duty on certain goods imported in this State therein mentioned, and for establishing a fund for defraying the expence of keeping up the Stakes which point out the Channels leading up the several Sounds and Rivers from Ocracoke Bar and other purposes, which was read the first time, passed and sent to the Senate.

Mr. H. Macon moved for leave and presented a Bill to amend the several Acts passed within this State to prevent stoppage of the passage of Fish up the several Rivers therein mentioned, which was read the first time, passed and sent to the Senate.

Mr. Sharpe moved for leave and presented a Bill to attain certain persons therein mentioned of treason to pardon others on certain conditions for repealing the acts disqualifying non-jurors and for the relief of certain Officers therein described who have taken paroles from the Enemy, which was read the first time, passed and sent to the Senate.

Mr. Avery moved for leave and presented a Bill to alter the times of holding the several County Courts of Pleas and Quarter Sessions within the Districts of ——— which was read the first time, passed and sent to the Senate.

-------------------- page 112 --------------------

Mr. J. Wilcox moved for leave and presented a Bill to amend an Act for appointing District Auditors, which was read the first time, passed and sent to the Senate.

Mr. Speaker and Gentlemen:

The Senate have appointed Mr. Salter, Mr. James Williams and Mr. Baker a Committee who will act jointly with the Gentlemen by you appointed to consider of and report on the Memorial of Colonel James Armstrong.

Mr. John Williams and Mr. McDowell will act with the Gentlemen by you named to consider of and report on the Memorial of Colonel Joseph Martin.

We agree that Mr. Lewis Bryan’s accounts be referred to the Committee appointed to settle with the County Commissioners.

Mr. Speaker and Gentlemen:

This House agree that the Memorial of Dennis O’Brian be referred to the Committee on Propositions and Grievances.

Mr. Speaker and Gentlemen:

This House accept Major Herndon’s resignation and agree that the Letter from Thomas Burke, Esquire, of the 23rd instant, be referred to the Committee to whom his accounts as Governor of this State was referred.

Mr. Speaker and Gentlemen:

We return the Report of the Committee on Propositions and Grievances concurred with, as by this House, and have appointed Mr. Jones, Mr. Coor and Mr. James Williams to act with the Gentlemen by you appointed to prepare and bring in a Bill as therein recommended.

Mr. Speaker and Gentlemen:

The Report of the Joint Committee on the Petition of William Borden and the Resolve of your House in consequence thereof, we returned you concurred with.

Mr. Speaker and Gentlemen:

We send herewith the report of the Committee on the accounts of Major Williams and Mr. McCawley concurred with by this House.

-------------------- page 113 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return the Report of the Joint Committee on Major McCawley’s accounts concurred with by this House.

Dr. Williamson, from the Joint Committee to whom was referred the Memorial of the officers of the North Carolina Line, reported as follows:

That there appears to be large arrears of Cloathes and other Articles due the Officers and privates, the amount being uncertain they apprehended that it might be proper to appoint some persons who would as soon as possible liquidate the whole of their accounts, making the proper allowance for depreciation, and as it will be impracticable for some of the Officers to join the Army without some money in hand, perhaps it may be proper to allow them some months pay in Certificates that shall be negotiable as hard Money in prompt payment for some public property that may be sold; it may be proper also to appoint an Officer not of the Civil Staff, who shall have charge of such Cloathing and the other enumerated Articles as may hereafter be allotted them. To this Officer the late Cloathier should render an account of what arrearages in cloathes are due. The Lands appropriated by an Act of Assembly in the year 1780 for the Officers and Soldiers become an object of attention to those who have little else left.

Your Committee apprehend that it would be proper to appoint two or more Commissioners or Surveyors, who, accompanied by one or more of the Officers, may in the course of the present year lay off the Lands in great or small tracts, as it may be less or more broken, as there are many families living on Cumberland River and some of them settled before the passage of the above mentioned Law and of course are not charged with contempt.

Your Committee apprehend it would be proper to indulge those families and those only leaving them a tract of Land of Three Hundred Acres.

Your Committee apprehend that as by a certain Law Six Hundred and Forty Acres of Land is promised to each Soldier who should serve during the War; that it will be just to allow Officers serving during the War in proportion to their additional pay. For Soldiers who have been wounded and disabled in Service, they

-------------------- page 114 --------------------
would lay off a Soldier’s Lot and that they would allott to the child of an Officer or Soldier who was killed in the service, the same Lot as his father from his Rank would have Claimed.

It is further submitted to the General Assembly whether an allowance should not be made to Officers on half pay and those whom the want of health or other necessity has obliged to leave the service, all which is humbly submitted to the General Assembly.

HUGH WILLIAMSON,
Chairman.

The House taking the said Report into Consideration concurred therewith.

Whereupon, Resolved, that Dr. Williamson and Mr. P. Hawkins be a Committee on the part of this House to prepare and bring in a Bill, agreeable to said Report.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for concurrence the Report of the Joint Committee to whom was referred the Memorial of the Officers of the North Carolina Line concurred with by the Commons, who have on their part appointed Mr. P. Hawkins and Dr. Williamson a Committee to prepare and bring in a Bill agreeable to such Report.

The House adjourned till 5 o’clock P. M.

The House met according to adjournment.

Received from His Excellency, the Governor, the following Message:

To the Honorable General Assembly—Gentlemen:

I do myself the honor to lay before you the Letter herewith sent received from Major General Greene, including a correspondence between him and Lieutenant General Leslie, relative to certain prisoners therein mentioned, under sentence of death for high treason in Salisbury Jail. As a Negotiation has actually taken place between Major General Greene and the British General in consequence of certain proposals made by my predecessor to them on that subject with whose reason for this measure you have already been

-------------------- page 115 --------------------
presented, and to which their letters are answers, I request the sense of this, the Honorable Legislature, in this transaction which involves in it many great Political Questions that may, without your interposition, much embarass my administration, the whole object of which shall be to maintain the sovereign independent power of this State against all its Enemies and Opposers whatsoever and carry into execution all its Laws built on the Constitutional foundation.

ALEX. MARTIN.

Ordered that the following Message be sent to the Senate with the Letters, &c., therein referred to for their perusal with the following Message:

Mr. Speaker and Gentlemen:

We send herewith for your perusal a Message from His Excellency, the Governor, and the Sundry Letters therein, &c., referred to.

Read a Letter from Brig. Gen. Gregory, whereupon Resolved, that Ammon Grandy be appointed a Commissioner who shall sell a residue of Horses taken in Virginia at the time the Enemy evacuated Portsmouth, &c., as soon as the intended sale has been advertised four weeks in the neighbouring Counties which said Horses shall be sold for Specie or six months credit on Bonds with security. It shall be the duty of the said Commissioner to settle the accounts for such as have been sold and expence of feeding those now on hand. After deducting a Commission of two and a half per cent. for his trouble, he shall pay the balance arising from the sales into the hands of the District Treasurer.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith for your concurrence a Resolve appointing Ammon Grandy a Commissioner for the purposes therein mentioned.

The Honorable the Speaker laid before the House a Letter from Mr. Matthew Brooks, Commissioner of Surry County; ordered that the same be referred to the Committee to whom was referred the Memorial of Col. Joseph Martin.

-------------------- page 116 --------------------

Mr. P. Hawkins presented the resignation of John Taylor, Esqr., of the State Board of Auditors, which was read and his resignation accepted.

Read the petition of Elizabeth Forbes; ordered that it be referred to a Joint Committee, and that Mr. Vaughn, Mr. McDowell Mr. Webb and Mr. Hunter be a Committee on the part of this House for that purpose.

Read the Petition of John Walker, John Moore and Caleb Grainger, Esquires; ordered that it be referred to a Joint Committee, and that Mr. Simpson, General Caswell, Mr. H. Macon, Mr. Sharpe and Mr. Hinton be a Committee on the part of this House for that purpose.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith a Letter from Matthew Brooks, Commissioner of Surry County, which we propose referring to the Committee to whom was referred the Memorial of Col. Joseph Martin.

The Petition of Elizabeth Forbes, which we propose referring to a Joint Committee and have appointed Mr. Vaughn, Mr. McDowell, Mr. Webb, Mr. Horton and Mr. Hunter a Committee on our part for that purpose, and the Petition of John Walker, John Moore and Caleb Grainger, Esquires, which we also propose referring to a Joint Committee and have appointed Mr. Simpson, Gen. Caswell, Mr. H. Macon, Mr. Sharpe and Mr. Hinton a Committee on our part for that purpose.

We also send you the resignation of John Taylor, Esquire, one of the State Board of Auditors.

On reading the recommendation of the Court of Guilford County, Resolved that Robert Brasher of said County be exempted from paying Poll Taxes for the Future.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve exempting Robert Brasher from paying Poll Taxes.

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

-------------------- page 117 --------------------


Tuesday, 7th May, 1782.

The House met according to adjournment.

Read the recommendation of the Court of Orange County recommending to the General Assembly to exempt David Anderson from paying pecuniary and Specific Taxes.

Resolved, That the same be referred to the Committee to whom was referred the petition of Elizabeth Forbes.

On reading the recommendation of the Court of Orange County, Resolved that Matthew Lyon be exempted from paying Poll Taxes for the Future.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith for your concurrence a Resolve for exempting Matthew Lyon from paying Poll Taxes, also a recommendation of the Court of Orange County in favor of David Anderson, which we propose referring to the Committee to whom was referred the Petition of Elizabeth Forbes.

Read the Report of the State Board of Auditors on the Accounts of Nicholas Long, Esqr., Deputy Quarter Master General. Ordered that the same be referred to a Joint Committee.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith the report of the State Board of Auditors on the Accounts of Nicholas Long, Esquire, Deputy Quarter Master General, which we propose referring to a Joint Committee, and do for that purpose on our part appoint Mr. McCawley, Mr. D. Wilson, Mr. McCulloch and Mr. Jo. Hawkins a Committee.

Mr. Bryan, from the Joint Committee to whom was referred the Memorial of Col. James Armstrong, of the North Carolina Line, reported as follows:

That agreeable to the arrangement of the said line as ratified by this present Assembly, Colonel Armstrong is considered as an officer retired from the service on half pay since the 23rd of January,

-------------------- page 118 --------------------
1781, whereas it appears by sundry orders from Brigadier General Summer, that the Colonel was not considered in that light, he having from time to time received and executed orders, and in every respect exercised the powers and performed the Duties of an officer in actual service. Your Committee are therefore of opinion that Colonel Armstrong cannot, without manifest injustice to him, and great prejudice to many others with whom he has negotiated business in the line of his Duty, be considered as a retired officer of an earlier date than the Day of the ratification of the Last arrangement and that a Resolve of the two Houses of Assembly pass for that purpose, all which is submitted.

WILLIAM BRYAN,
Chairman.

The House taking the said Report into consideration concurred therewith, whereupon Resolved, that Col. James Armstrong, of the Continental line of this State, be considered as an officer in Actual Service until the twenty-fourth day of April last, at which time the new arrangement of the said line took place, anything contained in the said arrangement to the contrary notwithstanding.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for concurrence the Report of the Joint Committee on the Memorial of Colonel James Armstrong concurred with by this House, also a Resolve of this House in consequence thereof.

Mr. Nash, from the Joint Committee to whom was referred the Memorial of Nathan and Lewis Bryan, reported as follows:

That having taken the said Memorial into their consideration, do report that it appears to your Committee the Memorialists have sustained very considerable damage from the sundry persons who owed allegiance to this State and have absconded, and withdrawn themselves from the same, ’tis the opinion of your Committee that the said Nathan and Lewis Bryan ought to have their remedy at Common Law, and that the Act or Acts of Assembly for the Confiscation of Property in this State ought not to operate or be pleaded in Bar to any recovery or recoveries, they or either of them may

-------------------- page 119 --------------------
obtain in any Courts of Judication against any person or persons concerned in injuring them or either of them all, which is submitted.

THOS. GRAY,
Chairman.

The House taking the said report into consideration concurred therewith.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for your Concurrence the Report of the Joint Committee on the Memorial of Lewis and Nathan Bryan Concurred with by this House.

Mr. John Johnston, from the Committee appointed to receive the returns of the District Auditors, &c., reported as follows on the accounts of Mr. James Coor:

Your Committee report that they have examined the vouchers and accounts of James Coor, Commissioner for Craven County for the year 1780, and find that after accounting for the whole Provision Tax for that year as per the Clerk’s certificate there remains due from the public to the said James Coor, five hundred and fifty pounds, State Currency exclusive of his Commission on purchasing thirty-nine Barrels of pork and thirty-five Barrels Beef at Congress prices all which is submitted.

JOHN JOHNSTON,
Chairman.

The House taking the said Report in Consideration concurred therewith.

Mr. John Johnston, from the Joint Committee, appointed to receive the returns of the District Auditors, &c., reported as follows:

That they have received the Copy of the proceedings of the Board of Auditors for the District of New Berne with the check and vouchers to the first day of April, 1782. That there appears due to Mr. John Hawks for his attendance forty-six pounds Specie, to Mr. William Bryan twenty pounds Specie, and that after deducting the ballance of money received from the Treasury, there remains due to Mr. James Coor and Thomas Coor for attendance, agreeable to

-------------------- page 120 --------------------
the Law the sum of one hundred and fourteen pounds, nine Shillings Specie, and that the Clerk of the Auditors aforesaid has transmitted to your Committee a Copy of their proceedings, with the check and vouchers of the Certificates by them issued.

JOHN JOHNSTON,
Chairman.

The House taking the said report into consideration concurred therewith.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for concurrence two Reports of the Committee appointed to receive the returns of the Districts Auditors, &c., concurred with by this House.

The Bill for raising a Revenue for the support of Government, was read the second time, amended, passed and sent to the Senate.

The Bill to establish a department for adjusting and liquidating the public accounts of the State and for appointing a Comptroller was read the second time, amended, passed and sent to the Senate.

Received from His Excellency, the Governor, a Message accompanied by a Letter from Robert Morris, Esquire, Superintendent of Finance, and a return of the Militia in this State, which, being read, were ordered to be sent to the Senate with the following Message:

Mr. Speaker and Gentlemen:

We send herewith for your perusal a Message from His Excellency, the Governor, and the Letter, &c., therein referred to.

Dr. Williamson moved for leave and presented a Bill for the relief of the Officers and Soldiers in the Continental line and for other purposes therein mentioned, which was read the first time, passed and sent to the Senate.

The Bill to repeal part of an Act intitled an Act to suppress excessive gaming, and to amend the said Act, was read the second time, passed and sent to the Scnate.

The Bill to regulate and ascertain the fees to the Secretary of State, the Governor’s Private Secretary and the Surveyors, was read the second time, amended, passed and sent to the Senate.

-------------------- page 121 --------------------

Mr. P. Hawkins moved for leave and presented a Bill to repeal part of an Act passed at Wake Court House in the year 1781, entitled an Act to regulate and ascertain the several officers fees therein mentioned, and for other purposes which was read the first time passed and sent to the Senate.

The Bill to amend an Act entitled an Act to prevent burning the woods was read the second time, passed and sent to the Senate.

The House adjourned till 5 o’clock P. M.

Met according to Adjournment.

Resolved, That the Bill for giving an Equity Jurisdiction to the Superior Courts be read To-morrow the third time.

Resolved, That the Bill for directing the sale of confiscated property be read To-morrow the second time.

The Bill for appointing Commissioners to fix on a place to build a Court House, Prison and Stocks in the County of Wayne, and other purposes, was read the third time, amended, passed and sent to the Senate.

The Bill to amend an Act entitled an Act for dividing Edgecomb County, and for other purposes therein mentioned, was read the third time, passed and sent to the Senate.

Read the Petition of Lewis Tucker and of John Campbell. Ordered that they be referred to the Committee to whom was referred the Petition of Elizabeth Forbes.

Read the Petition of Benjamin Kimball and Littleberry White. Ordered that it be referred to the Committee to whom was referred the petitions of Nathan Bryan and Lewis Bryan.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith the Petition of Lewis Tucker, which we propose referring to the Committee to whom was referred the Petition of Elizabeth Forbes, also the Petition of Benjamin Kimball and Littleberry White, which we propose referring to the Committee to whom was referred the Petition of Nathan and Lewis Bryan.

Mr. J. Macon from the Committee to whom was referred A Letter from His Excellency, the Governor, relative to the Promotion of the officers of the State Legion Reported as follows:

-------------------- page 122 --------------------

That it is their opinion that the Officers should rise in their respective Corps agreeable to the rules and regulations of the Continental Army. And further, that His Excellency, the Governor, be requested to issue Commissions immediately for vacancies which are or hereafter may be, Recommendation being made by a Board of Officers; all of which your Committee submit.

The House taking the said Report into consideration concurred therewith.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for Concurrence the Report of the joint Committee to whom a Letter from His Excellency, the Governor, respecting the rank of the officers of the State Legion, was referred, which is concurred with by this House.

The Bill to alleviate in some degree the distressed Inhabitants of the Several Counties in the District of Wilmington, was read the third time, passed and sent to the Senate.

Received from the Senate a Bill to amend an act for appointing District Auditors and other purposes.

A Bill for laying a Duty on certain Goods imported in this State therein mentioned and for establishing a fund for defraying the expense of keeping up the Stakes which point out the Channels leading up the several Sounds and Rivers from Ocracoke Bar, and other purposes.

A Bill to attaint certain persons therein mentioned of Treason; to pardon others on certain conditions; for repealing the acts disqualifying non-jurors; and for the relief of certain officers therein described, who have taken paroles from the Enemy.

A Bill for establishing a Copy of a Deed therein mentioned. Endorsed in Senate 6 May, 1782, read the first time and passed.

The Bill for the Security of the Bank of North America was read the second time, passed and sent to the Senate.

The Bill to amend an Act entitled an Act to amend an Act, passed at New Bern in May, 1780, Entitled an Act to enlarge the Jurisdiction of Justices of the Peace and for other purposes was read the second time, amended, passed and sent to the Senate.

-------------------- page 123 --------------------

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

The Report of the Committee on the Accounts of James Coor, Esqr., Commissioner of Craven County and on the proceedings of the Board of Auditors for the District of New Berne, we return you concurred with.

Mr. Speaker and Gentlemen:

The Senate return the Report of the joint Committee on the Memorial of the Officers of the North Carolina line, concurred with and have appointed Mr. Coor and Mr. Gray who will act with the Gentlemen by you appointed to prepare and bring in a Bill agreeable to the recommendation therein contained.

Mr. Speaker and Gentlemen:

We propose that His Excellency, the Governor’s, Message of yesterday addressed to the General Assembly, and the Letters accompanying it, be referred to the Committee appointed to consider of and report on the State papers laid before the Assembly.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons agree that the Memorial of John Arnold be referred to the Committee to which was referred the Petition of Nathan and Lewis Bryan, and that His Excellency, the Governor’s, Message and the Letters accompanying it, be referred to the Committee appointed to consider of and report on the other State papers.

Resolved, That Mr. Joseph Martin have leave of absence during the session.

Resolved, That the Bill for appointing a place for the future meetings of the General Assembly be read To-morrow the third time.

The House adjourned till To-morrow Morning, 7 o’clock.

-------------------- page 124 --------------------


Wednesday, 8 May, 1782.

The House met according to adjournment.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send herewith for your perusal a letter of the 12 Ultimo from the Honbl. Samuel Ashe, Esquire, addressed to the General Assembly.

The Bill for establishing a Copy of the Deed therein mentioned, was read the second time and sent to the Senate.

Read the Memorial of James Houston of Rowan County. Ordered that the same be referred to the Committee to whom was referred the Memorial of Nathan and Lewis Bryan.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith the Memorial of James Houston of Rowan County which we propose referring to the Committee to whom was referred the Petition of Nathan and Lewis Bryan.

Received from the Senate a Bill to repeal part of an Act entitled an Act to suppress excessive gaming and to amend the said Act. A Bill to regulate and ascertain the fees to the Secretary of State, the Governor’s private Secretary and the Surveyors. A Bill for the Security of the Bank of North America. Endorsed in the Senate 7 May, 1782, read the second time and passed.

A Bill for the relief of the Officers and Soldiers in the Continental line, and for other purposes therein mentioned. Endorsed in Senate 7 May, 1782, read the first time and passed.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

We send herewith the Report of the joint Committee on the Memorial of David Marshall of the Town of New Berne, concurred with by this House.

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve in favor of Francis Newby of Franklin County.

-------------------- page 125 --------------------

Mr. Speaker and Gentlemen:

This House propose that the representation of Capt. James Reed herewith sent you be referred to a joint Committee and for that purpose have on their part appointed Mr. Macon, and Mr. James Williams a Committee.

Mr. Speaker and Gentlemen:

We propose that the Message from His Excellency, the Governor, of this day addressed to the General Assembly, and the papers accompanying it be referred to the Committee appointed to consider of and report on the other State papers and Messages from the late Governor.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return the Report of the joint Committee on the Memorial of David Marshall, and the Resolve of your House in favor of Francis Newby, concurred with.

This House agree that the representation of Capt. Reed be referred to a joint Committee, and for that purpose do appoint Mr. Winslow, Mr. Wilson, Mr. Branch and Mr. McCulloch a Committee.

We also agree that the Message from His Excellency, the Governor, be referred to the Committee as by you proposed.

The order of the Day for reading the third time the Bill for giving an Equity Jurisdiction to the Superior Courts being called for and read the Bill was according to order, read the third time, amended passed, and sent to the Senate.

Mr. Person moved for leave to enter a Protest against the passage of the said Bill. Ordered that he have leave.

The House adjourned till 10 o’clock.

Met according to adjournment.

Read the Petition of Brigadier General Sumner. Ordered that it be referred to the Committee to whom the representation of Capt. Reed was referred.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith the Petition of Brigadier General Sumner,

-------------------- page 126 --------------------
which we propose referring to the Committee to whom was referred the representation of Capt. Reed.

Received from the Senate a Bill for ascertaining what property in this State shall be deemed taxable property, the method of assessing the same, and collecting the public Taxes. Endorsed in Senate 7 May, 1782, read the second time, amended and passed.

A Bill to establish a department for adjusting and liquidating the public accounts for this State, and for appointing a Comptroller. Endorsed in Senate 8 May, 1782, read the second time, amended and passed.

A Bill for Establishing a Copy of a Deed therein mentioned. Endorsed in Senate 8 May, 1782, read the second time and passed.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

You will herewith receive the Report of the joint Committee on the representation of Capt. James Reed, concurred with by this House.

Mr. Speaker and Gentlemen:

We agree that the petition of Lewis Tucker he referred to the Committee to whom was referred the Petition of Elizabeth Forbes.

We also agree that the Petition of Benjamin Kimball and Littleberry White be referred to the Committee to whom was referred the Petition of Nathan and Lewis Bryan, Esquires.

Mr. Speaker and Gentlemen:

The Senate agree that the Memorial of James Houston be referred to the Committee to whom was referred the Petition of Nathan and Lewis Bryan, Esquires.

Mr. Speaker and Gentlemen:

The Report of the joint Committee respecting the rise of the officers of the State Legion, we return you concurred with by this House.

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve entered into by this House in

-------------------- page 127 --------------------
consequence of the Report of the joint Committee on the Memorial of David Marshall.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return the report on the representation of Capt. James Reed and the Resolve of your House in consequence of the Report on the Petition of David Marshall, concurred with by this House.

Received from the Senate a Bill for building a Prison in the Town of Edenton. Endorsed in the Senate 5 May, 1782, read the second time, amended and passed.

A Bill to amend an Act entitled an Act to amend an Act passed at New Berne In May, 1780, entitled an Act to enlarge the jurisdiction of the Justices of the Peace and for other purposes. Endorsed in Senate 8 May, 1782, read the second time, amended and passed.

The Order of the Day for reading the second time the Bill directing the sale of confiscated property being called for and read. The said Bill was read the second time, amended, passed and sent to the Senate.

The Order of the Day for reading for the third time the Bill for appointing a Place for the future meetings of the General Assembly being called for and read, the said Bill according to Order, was read the third time, amended, passed and sent to the Senate. On the Question shall the Bill pass or not, the Yeas and Nays being required by General Bryan are as follows: Yeas—Messrs. Dr. Williamson, McCawley, Payne, Thomas P. Hawkins, H. Macon, Jeffreys, J. Hawkins, Arrington, Bagge, Ramsey, Patterson, Cain, W. Moore, Turner, Roan, Boon, Hardin, Sloan, Branch, Haughton, Sharp, Cummins, Gilbert, J. Macon, Hunter, Vaughn, Young, J. Johnston, Hardin, Lenoir, Farmer, Person, Miller, Jackson, Dickey, Hinton, Nash, D. Wilson, Phifer, Pope, Gowdy, McDowell, Shelby, Harper and Williams. Nays—Messrs. Mitchell, Bryan, I. Johnston, Dodd, Fereby, McBride, McCulloch, Philips, Brown, Slade, J. Wilson, McKenny, Gillespie, Jennett, Caswell, Stephens, Simpson, Armstrong.

Resolved, That the Bill for extending the Bonudary line between this State and the Cherokees, and other purposes, and the

-------------------- page 128 --------------------
Bill for raising Troops to complete the Continental Battalions of this State be read to-morrow, each the second time.

The House adjourned till 5 o’clock p. m.

Met according to adjournment.

Received from the Senate the Bill for raising a revenue for the support of Government. Endorsed in Senate 8 May, 1782, read the second time, amended and passed.

Resolved, That a Committee be appointed of this House one from each of the Districts in this State with such members of the Senate as may be appointed for that purpose to examine into the state of the Public Buildings in the Town of New Berne and report on the expediency of selling the same who shall also prepare and bring in a Bill for that purpose.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House have appointed Mr. Bryan, Mr. J. Hawkins, Mr. Payne, Mr. Person, Mr. Sharpe, Mr. Gillespie, and Mr. Shelby a Committee on their part who will act jointly with such gentlemen of the Senate as may be appointed to inquire into the state of the public buildings in the Town of New Berne and Report on the expediency of selling the same who shall also prepare and bring in a Bill for that purpose.

General Bryan laid before the House Sundry Letters which induced the House to think that George Meek of Wilmington carries on a correspondence with the Enemy.

Ordered that they be referred to the Committee appointed to devise Ways and Means to defray the expenses of the members of the General Assembly.

Read a Memorial from Sundry the Inhabitants of Mecklenburg and one other from sundry, the Inhabitants of Guilford. Ordered that they be referred to the Committee appointed to inquire into the state of the public Building of New Berne.

Mr. McCulloch from the Committee to whom was referred the report of the State Board of Auditors on the Accounts of Colo. Long delivered in the Report, which being read was ordered to be referred

-------------------- page 129 --------------------
to the Committee appointed to enquire into the state of the public buildings in New Berne, &c.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith sundry Letters which show that George Meek, of Wilmington, carries on a correspondence with the Enemy at Charles Town, which we propose referring to the Committee appointed to devise ways and means to defray the expence of the General Assembly.

We propose that the Memorials of Mecklenburg and Guilford and the Report of the Committee on Colonel Long’s accounts herewith sent you be referred to the Committee appointed to inquire into the state of the public Buildings in New Berne, &c.

Mr. John Johnston from the Committee appointed to settle with the County Commissioners and District Auditors, &c., reported as follows:

That on settling with the Auditors of Hillsborough District there appears to be due to Charles Abercrombie the sum of sixteen pounds Specie; to Absalom Tatom thirty-four pounds Specie; to John Nichols thirty-two pounds Specie, for their services as Auditors, and to Josiah Watts twenty-seven pounds Specie, to John Easter eighteen pounds Specie, to Dudley Gatwood four pounds Specie for their services as Clerks to the said Auditors, all which is humbly submitted.

JOHN JOHNSTON, Char’mn.

The House taking the said report into consideration concurred therewith.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

We send herewith the report of the Committee appointed to settle with the Auditors, &c., on the accounts of Charles Abercrombie, Absalom Tatom and others therein mentioned, concurred with by this House.

Read the Memorial of James Hogg and William Johnston on behalf of themselves and others. Ordered that the same be referred to a joint Committee.

-------------------- page 130 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send you herewith the Memorial of James Hogg and William Johnston on behalf of themselves and others which we propose referring to a joint Committee and have for that purpose on our part appointed Mr. Sharpe, Mr. Person, Mr. Shelby, Mr. Phifer, Mr. P. Hawkins, and Mr. Hardin a Committee.

The Bill to repeal such laws and Clauses of Laws which make paper money a legal tender for the payment of private Debts and Contracts and for other purposes was read the second time, amended, passed and sent to the Senate.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House do appoint Mr. Speight, Mr. Williamson, Mr. Person, Mr. Gillespie, Mr. Herndon, Mr. McCulloch, and Mr. D. Wilson a Committee on their part who will act jointly with such Gentlemen of the Senate as may be appointed to settle on a Scale of Depreciation.

The Bill to impower the Commissioners therein mentioned to repair the public Buildings in the town of Hillsborough, was read the second time, amended, passed and sent to the Senate.

Resolved, That Mr. P. Hawkins have leave of Absence after Saturday next Mr. Richard D. Speight and Mr. Whidbee after Sunday next, Mr. Avery after Friday, Mr. Sharpe after Saturday and Mr. Simpson and Mr. Stevens after Sunday.

The House adjourned till To-morrow morning, 10 o’clock.


Thursday, 9 May, 1782.

The House met according to adjournment.

Resolved, that Major Henry Dixon of the Continental line be allowed the sum of eighty pounds Specie for a Horse killed in the Battle of the Eutaw, that the Treasurers or either of them pay him the same and be allowed.

-------------------- page 131 --------------------

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

We send for concurrence Resolve for allowing Major Henry Dixon a certain sum therein mentioned.

Read the Memorial of William Lenoir. Ordered that it be referred to a joint Committee.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith the Memorial of William Lenoir which we propose referring to a joint Committee and do for that purpose on our part appoint Mr. Shepperd and Mr. McCawley a Committee.

Resolved, That this House will not during the Session receive any Memorial or Petition unless it shall be presented after the whole of the public business shall be finished.

The order of the day for reading the third time the Bill for raising Troops to complete the Continental Battalions of this State being called for and read, the Bill was according to order read the second time, amended, passed and sent to the Senate.

Resolved, That Mr. Jonathan Skinner have leave to absent himself from the service of the House during the Session.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

We agree that the several Letters now before the General Assembly showing that George Meek of Wilmington corresponded with the Enemy at Charles Town be referred to the Committee appointed to devise ways and means to defray the expence of the Members of the General Assembly. We also agree that the Memorial from Mecklenburg and Guilford, and the Report of the Committee on Colo. Long’s accounts be referred to the Committee appointed to inquire into the State of the Public Buildings in New Berne.

Mr. Speaker and Gentlemen:

We concur with your Resolve in favor of Major Dixon and return the report of the Committee on the accounts of Charles Abercrombie, Absalom Tatom and others, concurred with by this House.

-------------------- page 132 --------------------

Mr. Speaker and Gentlemen:

We agree that the Petition of Brigadier General Sumner be referred to the Committee to whom was referred the representation of Capt Reed.

Mr. Speaker and Gentlemen:

Mr. Coor, Mr. Gray, and Mr. Jones will act with the Gentlemen by you appointed to enquire into the State of the Public Buildings in the Town of New Berne, &c.

Mr. Speaker and Gentlemen:

Mr. Moore, Mr. Bledsoe, Mr. Coor, and Mr. John Williams will act with the Gentlemen by you appointed to consider the Memorial of James Hogg and William Johnson.

Mr. Speaker and Gentlemen:

Mr. Irwin, Mr. John Williams, Mr. James Williams, and Mr. Griffin will act with the gentlemen by you appointed to fix and settle a Scale of depreciation.

Mr. Speaker and Gentlemen:

Mr. Shepperd and Mr. Johnston will act with the Gentlemen by you appointed to consider of the Memorial of William Lenoir.

Mr. Speaker and Gentlemen:

We propose that the Petition of Sundry Inhabitants of Duplin County herewith sent you be referred to the Committee of Propositions and Grievances.

Mr. Speaker and Gentlemen:

We propose that the Petition of John King of Bladen County herewith sent you be referred to a joint Committee and have for that purpose on our part appointed Mr. Irwin and Mr. Brown a Committee.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We agree that the Petition from Sundry Inhabitants of Duplin County be referred to the Committee of Propositions and Grievances and have appointed Mr. Dodd, Mr. Gillespie, and Mr. Bryan a

-------------------- page 133 --------------------
Committee to Act with the Gentlemen by you appointed to consider of and report on the Petition of John King.

Mr. Avery from the Committee to whom was referred a Letter from Matthew Brooks, Esquire, reported as follows:

Your Committee are of opinion that the several charges in said Letter against the Commanding officer of the Militia of Surry County are not supported.

W. AVERY,
Chairman.

The House taking the said Report into Consideration concurred therewith.

Received from His Excellency, the Governor, the following Message:

To the Honorable the General Assembly—Gentlemen:

A Letter from Mr. Morris, superintendant of Finance, together with a Resolve of Congress thereon, received yesterday, I beg leave to lay before you, the subject matter whereof you will find demands your immediate consideration.

ALEXANDER MARTIN.

The Honbl. Speaker laid before the House a letter from the Honbl. Samuel Spencer, Esquire, one of the Judges of the Superior Courts of Law, inclosing his accounts against the State. Ordered that they be referred to the Committee to whom was referred the Settlement of Mr. Sharp’s Accounts.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for concurrence the report of the Committee on Mr. Brook’s Letter concurred with by this House. We also send for your perusal a Message from His Excellency, the Governor, with a Letter from the superintendent of Finance and a Resolution of Congress, and also the Accounts of Judge Spencer, which we propose referring to the Committee to whom was referred the settlement of Mr. Sharp’s accounts.

The House adjourned till 5 o’clock p. m.

-------------------- page 134 --------------------

Met according to adjournment.

The Bill for Establishing a Copy of a Deed therein mentioned was read the third time, passed and sent to the Senate.

Mr. William Bryan, from the Committee to whom was recommitted the report of the Committee on Colo. Long’s accounts, reported as follows:

That they cannot report on facts further than it appears, there is a very considerable balance due him, a great part of which Colo. Long alleged, was for articles furnished at the lowest Specie prices, viz: Corn at ten shillings per barrel, Fodder at three shillings and four pence per hundred, and that the Auditors estimated those sums of Specie in Currency at an exchange of two hundred for one, whereby he is greatly injured. Your Committee are of opinion that in justice to Colo. Long the accounts ought to be recommitted to the State Auditors, or such other person or persons as may be appointed, to state and settle public accounts, and that they be directed to make out and allow him Specie Certificates at the prices usually allowed by the State for the same kind of Articles furnished at the same time, all which is submitted.

W. BRYAN,
Chairman.

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

Resolved, That the State Auditors be empowered and directed to reconsider the accounts of Colo. Nicholas Long, D’y. Q. M. General, and that they ascertain what part of the balance of said accounts are for Articles furnished at Specie prices, and that they make out and deliver Colo. Long Specie Certificates at the prices usually allowed by the State for the same kind of Articles furnished to the public at the same several times.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for concurrence the report of the Committee to whom was recommended the report on Colo. Long’s accounts concurred with by this House, also a Resolve of this House in consequence thereof.

-------------------- page 135 --------------------

The Bill for building a prison in the Town of Edenton was read the third time, passed and sent to the Senate.

Mr. Brown moved for leave to enter his protest against the passage of the said Bill. Ordered that he have leave.

The Bill for adding part of Burke County to Lincoln County, for appointing Commissioners for the purposes therein mentioned, and for laying a Tax to compleat the public Buildings therein, was read the second time, amended, passed and sent to the Senate.

Resolved, That the Bill for ascertaining what property in this State shall be deemed Taxable property, &c., be read to-morrow for the third time.

Resolved, That the Bill for appointing public Treasurers, and directing their duty in office, be read To-morrow the second time.

Mr. Bagge, from the Committee to whom was referred the Petition of Thomas Kilpatrick, reported as follows:

That they upon inquiry have found that your Petitioner continues disabled by the wound he received at the Battle of Alamance, in 1771 and that the General Assembly has allowed him formerly Twenty pounds proc. annually; in consideration of which your Committee propose that the Petitioner be allowed Twenty Barrels of Indian Corn yearly out of the Specific Tax of the County where he shall reside as long as he continues disabled, which he should make appear by certificate from three Justices of such County which is submitted.

TRANGOTT BAGGE,
Chairman.

The House taking the said report into consideration concurred therewith.

Mr. Bagge, from the Committee to whom was referred the Petition of Sarah Beacham, reported as follows:

That they are of opinion that the Petitioner being a widow with four small Children would deserve to have her Petition granted, but find that many more are under the like circumstances and that her

-------------------- page 136 --------------------
case comes under the Law already existing except this General Assembly should provide otherwise, which is submitted.

TRANGOTT BAGGE,
Chairman.

The House taking the said report into consideration concurred therewith.

Mr. Bagge from the Committee to whom was referred the Petition of Waightstill Avery, reported as follows:

It is their opinion, that your Petitioner having been taxed twice for the year 1781, viz: In the County of Burke, and in the County of Jones, ought to be relieved and to be exempted from paying Tax in the County of Jones, where the Taxation does not appear to have been regularly made and laid on him. And as to the Grievances complained of in his Taxation for the year 1780, your Committee are of opinion, that the Petitioner ought to have leave to bring his proof to the next General Assembly and ascertain the facts more clearly, which is submitted.

TRANGOTT BAGGE,
Chairman.

The House taking the said Report into consideration concurred therewith, whereupon, Resolved, that Waightstill Avery be exempted from paxing Taxes in the County of Jones for the year 1781.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

We send herewith the report of the Committee on the Petition of Thomas Kilpatrick, the report of the Committee on the petition of Sarah Beacham and the Report of the Committee on the petition of Waightstill Avery and a Resolve of this House in consequence thereof for your concurrence.

The Bill for erecting a prison in the County of Bertie and finishing the Court House was read the second time, amended, passed and sent to the Senate.

The Bill to repeal part of an Act entitled an Act to suppress excessive gaming was read the third time, amended, passed and sent to the Senate.

-------------------- page 137 --------------------

The Bill to amend an Act passed at New Berne the 2nd day of May, 1778, entitled an Act to empower the Courts of Pleas and Quarter Sessions in this State to order the laying off public roads and establish and settle Ferries and other purposes therein mentioned, was read the third time, amended, passed and sent to the Senate.

Mr. Person, from the Committee to whom was referred the Memorial of Dennis O’Bryan and others, reported as follows:

That they find that Dennis O’Bryan, George Duncan and Jos. Pittman with others, in the County of Granville, were Drafted in the Militia, that the Colonel of the County, did promise the Memorialists, that if they would furnish their own Horses and Arms, and serve two months they should be considered as having served a Tour of Duty, that they accordingly did procure and furnish their own Horses and Arms, and did faithfully serve for the space of two Months, and that they then considered themselves at liberty to return home, which they did accordingly; since which they have been taken up by designing Men and delivered to a Continental officer as delinquents. Your Committee are therefore of opinion that a Resolve of the General Assembly should pass requiring the immediate discharge of those Men.

THO. PERSON,
Chairman.

The House taking the said Report into consideration concurred therewith, whereupon, Resolved, that it be recommended to Briganier General Sumner immediately to discharge Dennis O’Bryan, George Duncan and Joseph Pittman from the Continental service as the General Assembly consider them unjustly detained therein.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith the Report of the Committee on the Memorial of Dennis O’Bryan and others, and a Resolve of this House in consequence thereof for your concurrence.

Mr. Brown, according to order, delivered in his protest against the passing the Bill for laying six pence on every hundred pounds value of Taxable property in the District of Edenton for the purpose

-------------------- page 138 --------------------
of building a District Gaol in the Town of Edenton as follows:

1st. Because the public Tax and raising our quota of Continental Troops in the current year will be a great burthen on the people, therefore all private Taxes ought to be deferred until our circumstances are more eligible.

2nd. Because six pence in every hundred pounds value of Taxable property will amount to a much greater sum than will be necessary to defray the expence of building a suitable Gaol in the said Town of Edenton, and therefore it will be injurious and oppressive to the people.

LEWIS BROWN.

The matters to this day referred being postponed, the House adjourned till to-morrow morning 9 o’clock.


Friday, 10th May, 1782.

The House met according to Adjournment.

The Bill to confirm the right of a certain patent therein mentioned, was read the second time, passed and sent to the Senate.

Ordered that a Memorial from Sundry, the Inhabitants of Burke and Rutherford Counties be referred to the Committee to whom was referred the settlement of Mr. Sharpe’s accounts.

Dr. Williamson, from the Joint Committee of the General Assembly to whom was referred the Memorial of Colonel Clark, reported as follows:

That Sundry of your officers of the Continental line when prisoners of Charles Town and greatly distressed from the want of Cloathes were supplied by Maurice Simmons, Mercht, in Charles Town with sundry Goods for Cloathing on the Faith and Credit of this State. The mode of payment does not appear to have been stipulated. Your Committee apprehend that it would be proper to request His Excellency, the Governor, to write to the Commanding Officer in Charles Town for proper passes, and that he send Tobacco for payment of the Debt, which shall be passed to the Account of the Continental Officers, all which is humbly submitted.

H. WILLIAMSON,
Chairman.
-------------------- page 139 --------------------

The House taking the said Report into consideration concurred therewith.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send the Report of the Committee to whom was referred the Memorial of Colonel Clark for your concurrence.

Mr. John Macon moved for leave and presented a Bill to amend an Act passed the last Session of the General Assembly intitled an Act for levying a Specific and pecuniary Tax, which was read the first time, passed and sent to the Senate.

Received from the Senate a Bill for raising Troops to compleat the Continental Battalions of this State and other purposes.

A Bill for adding part of Burke County to Lincoln County for appointing Commissioners for the purposes therein mentioned, and for laying a Tax to compleat the Public Buildings therein.

A Bill directing the sale of confiscated property. Endorsed in Senate 9th May, 1782, read the second time, amended and passed.

A Bill to vest a certain Tract of Land in Robert Cummins.

A Bill to impower the Commissioners therein mentioned to repair the Public Buildings in the Town of Hillsborough and other purposes. Endorsed in Senate 9th of May, 1782, read the second time and passed.

A Bill to amend the several Acts passed within this State to prevent the stoppage of the passage of fish up the several Rivers therein mentioned.

A Bill to alter the times of holding several County Courts of Pleas and Quarter Sessions within the District of ———.

A Bill to repeal part of an Act passed at Wake Court House in the year 1781, intitled an Act to regulate and ascertain the several officers’ fees therein mentioned and for other purposes. Endorsed in Senate 7th May, 1782, read the first time and passed.

A Bill to amend an Act intitled an Act to prevent burning the woods. Endorsed in Senate 7th May, 1782, read the second time and passed.

Received from the Senate the following Messages:

Mr Speaker and Gentlemen:

We send herewith the Petition of Joseph Dixon, also the petition

-------------------- page 140 --------------------
of Sarah McLean, relict of Alex. McLean, both of which we propose referring to the Committee appointed to receive the returns of the District Auditors and settle with the County Commissioners.

Mr. Speaker and Gentlemen:

The Report of the Committee on Mr. Brook’s Letter we concur with. We propose that the Message from His Excellency, the Governor, and the papers accompanying it be referred to the Committee to whom was referred the consideration of the other State papers. We agree that Judge Spencer’s accounts be referred to the Committee to whom was referred the settlements of Mr. Sharpe’s accounts.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons agree that the Petition of Joseph Dixon and Sarah McLean be referred to the Committee as by you proposed, as also Governor’s Message and State papers.

The order of the day for reading for the second time the Bill for extending the Boundary line between this State and the Cherokees, and other purposes being called for and read, the said Bill was according to order read the second time, amended, passed and sent to the Senate.

Resolved, That the Bill directing the sale of Confiscated property be read to-morrow for the third time.

Received from His Excellency, the Governor, two Messages of this Day, accompanyed by Sundry Letters from Robert Livingstone and sundry Resolves of Congress, which, being read, were ordered to be sent to the Senate with the following Message:

Mr. Speaker and Gentlemen:

You will with this receive sundry Letters and Resolves of Congress which we send for your perusal, as also two Messages from His Excellency, the Governor.

Received from the Senate a Bill for erecting a Prison in the County of Bertie and finishing the Court House.

A Bill to confirm the right of a certain patent therein mentioned.

A Bill to repeal such Laws and Clauses of Laws which make paper money a legal tender in the payment of private debts and contracts

-------------------- page 141 --------------------
and for other purposes. Endorsed in Senate 10th May, 1782, read the second time and passed.

A Bill to amend an Act passed the last Session of the General Assembly intitled an Act for levying a Specific and pecuniary Tax. Endorsed in the Senate 10th of May, 1782, read the first time and passed.

A Bill for altering the times of holding certain Courts therein mentioned. Endorsed in the Senate 10th May, 1782, read the second time, amended and passed.

The Bill for raising Troops to compleat the Continental Battalions of this State and for other purposes, was read the third time, amended, passed and sent to the Senate.

The Bill for levying a further Tax of —— Shillings on every hundred pounds value of Taxable property in the County of Jones for defraying the expence of compleating the Public Buildings thereof, was read the second time, passed and sent to the Senate.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

The Senate have appointed Mr. Jones, Mr. Coor and Mr. James Williams who will act jointly with such gentlemen as you may appoint to examine the Engrossed Copies of Bills passed this Session.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons have appointed Mr. J. Macon, Mr. Payne and Mr. Bagge to act with the gentlemen by you appointed to examine the Engrossed Copies of the Bills passed this Session.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send herewith the Report of the Joint Committee on the Petition of Brigadier General Summer concurred with by this House.

Mr. Speaker and Gentlemen:

The Report of the Committee on the Memorial of Col. Clark we return you concurred with by this House.

-------------------- page 142 --------------------

Mr. Speaker and Gentlemen:

The Book in which the names of those recommended as Justices of the Peace and Field Officers for the respective Counties of this State are to be entered is now prepared. This House disapproving the mode heretofore adopted, wish that for the future, recommendations of that kind be conducted as follows, viz:

The Representatives of each County shall recommend in writing such persons whom they deem proper to be commissioned, either as Justices or Field Officers, which recommendation, when by them signed and delivered to the Speaker of the House of Commons if approved of by that House, shall be countersigned by the Speaker thereof and sent to the Senate, when, if the same is approved of, they will cause that the names therein contained be entered in the the Book. We propose that the business be done to-morrow.

Should you approve of this mode you will signify the same by Message.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return the Report of the Committee on the Petition of the Hon. Brigadier General Sumner concurred with by this House. We approve of the mode by you pointed out by which the Justices and Field Officers shall hereafter be nominated.

The House adjourned till 5 o’clock P. M.

Met according to adjournment.

The Bill to confirm the right of a certain patent therein mentioned was read the third time, passed and sent to the Senate.

The Bill for erecting a Prison in the County of Bertie and finishing the Court House was read the third time, amended, passed and sent to the Senate.

The Bill to vest a certain Tract of Land in Robert Cummins was read the third time, amended, passed and sent to the Senate.

The Bill to amend an Act intitled an Act to prevent burning the woods was read the third time, amended, passed and sent to the Senate.

The several matters of this day referred being Postponed, the House adjourned till to-morrow morning 9 o’clock.

-------------------- page 143 --------------------


Saturday, 11th May, 1782.

The House met according to adjournment.

Resolved, That Mr. Harrison Macon have leave of absence during the Session.

Read the Memorial of John Taylor, of Hillsborough; ordered that it be referred to the Committee appointed to receive the returns and settle with the County Commissioners.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith the Memorial of John Taylor of the Town of Hillsborough, which we propose referring to the Committee appointed to receive the returns and settle with the County Commissioners, &c.

The Bill for the Security of the Bank of North America was read the third time, passed and sent to the Senate.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

We propose that the Letter from Lieut. Col. Lytle of the Fourth North Carolina Regiment herewith sent you be referred to a Joint Committee, and have for that purpose appointed Mr. Mebane and Mr. Hill.

Mr. Speaker and Gentlemen:

We send for concurrence the Report of the Committee on the situation of David Anderson, Lewis Tucker and Elizabeth Forbes concurred with by this House.

Mr. Speaker and Gentlemen:

The report of the Committee on the Memorial of Dennis O’Bryan and others and the Resolve of your House in consequence thereof, we return you herewith concurred with by this House.

Mr. Speaker and Gentlemen:

The Report of the Committee on the Petition of Thomas Kilpatrick,

-------------------- page 144 --------------------
the Report on the Petition of Sarah Beacham and the Report on the Petition of Waightstill Avery, Esq., and the Resolve of your House in consequence thereof, we return you concurred with.

Mr. Speaker and Gentlemen:

We send herewith for your concurrence a Resolve respecting such persons who have taken up Dennis O’Bryan, George Duncan and Joseph Pitman from a supposition of their being delinquents from the militia service.

Mr. Speaker and Gentlemen:

We send herewith the Report of the Joint Committee on the Petition of John Spiers concurred with by this House.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons agree to refer the Letter from Lieut. Col. Lytle to a Joint Committee, and have on their part appointed Mr. P. Hawkins, Mr. Turner, Mr. Sheppard and Mr. Vaughn a Committee.

We return the report of the Committee on the situations of David Anderson, Lewis Tucker, Elizabeth Forbes and John Spiers and the Resolve of your House respecting such persons as have taken up Dennis O’Bryan and others therein mentioned concurred with by this House.

Received from the Senate a Bill for extending the Boundary line between this State and the Cherokees and other purposes. Endorsed in Senate 11th May, 1782, read the second time and passed.

A Bill for levying a further Tax of one Shilling on every hundred pounds value of Taxable property in the County of Jones for defraying the expence of compleating the Public Buildings thereof. Endorsed in Senate 11th May, 1782, read the second time, amended and passed.

The Bill to impower the Commissioners therein mentioned to repair the Public Buildings in the Town of Hillsborough and other purposes was read the third time, amended, passed and sent to the Senate.

The order of the Day for reading for the third time the Bill for ascertaining what property in this State shall be deemed Taxable property, the method of assessing the same and collecting the Public

-------------------- page 145 --------------------
Taxes being called for and read, the said Bill was, according to order, read the third time, amended passed and sent to the Senate.

The House adjourned till 6 o’clock P. M.

Met according to adjurnment.

Received from the Senate the following Message:

The Report of the Committee to whom was recommitted the Report of the Committee on Colonel Long’s accounts we concur with, and send for your Concurrence a Resolve which we adopt in lieu of the one by you proposed on that head.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

We return the Resolve of your House impowering the late Auditors to settle the Accounts of Colonel Long, &c., concurred with.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve respecting such of the good citizens of this State who are in captivity in Charles Town.

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve respecting the Agency of the Marquis of Bretigny.

Mr. Speaker and Gentlemen:

With this you will receive for concurrence a Resolve respecting the settlement of the Accounts of Allen Jones, Esquire, Whitmell Hill and Willie Jones, Esquire, late Delegates of this State in the Congress of the United States.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return the Resolve of your House respecting such of the good citizens of this State who are in captivity at Charles Town, the Resolve respecting the Agency of the Marquis of Bretigny and the Resolve respecting the settlement of the accounts of Allen Jones,

-------------------- page 146 --------------------
Whitmell Hill and Willie Jones, Esquires, late Delegates from this State in Congress.

The Bill to amend an Act intitled an Act to amend an Act passed at New Berne in May, 1780, intitled an Act to enlarge the jurisdiction of Justices of the Peace and for other purposes, was read the third time, amended, passed and sent to the Senate.

The Bill to alter the times of holding several County Courts of Pleas and quarter Sessions within the District of Morgan was read the second time, amended, passed and sent to the Senate.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

We do not agree that the settlement of Mr. John Taylor’s accounts be referred to a Committee, but propose that they be settled by the Auditors for the District of Hillsborough.

Mr. Speaker and Gentlemen:

You will herewith receive the Report of the Joint Committee on the Petition of William Lenoir concurred with by this House; we send likewise a Resolve of this House entered into in consequence of the Report for your concurrence.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We agree that the settlement of Mr. John Taylor’s accounts be referred to the Auditors for the District of Hillsborough. We return the Report of a Joint Committee on the Petition of William Lenoir and the Resolve of your House in consequence thereof concurred with by this House.

The Bill for altering the times of holding certain Courts therein mentioned was read the third time and rejected.

Mr. Sharpe, from the Committee on Ways and Means, reported as follows:

That the members of the General Assembly, the several Clerks and Door Keepers shall have certificates of their services respectively which shall be allowed and received in the Specific part of taxes for the current year, or in payment on the purchase of any confis

-------------------- page 147 --------------------
cated property which may be sold, or they shall be redeemable by the County Commissioners for corn out of the Specific Taxes at two Shillings and six pence per bushel, equal to and at the same rate as if the same amount had been paid in Gold or Silver, and either of the Treasurers, the Collectors of Taxes, the Commissioners for the sale of confiscated estates, or the County Commissioners receiving the said Certificates shall be allowed the same in the settlement of their accounts.

Your Committee further report that the amendment of the Bill for the sale of confiscated property herewith presented be received in order to provide for our Delegates and other officers on the civil list.

The House taking the said Report into consideration concurred therewith and ordered that the amendment referred to in the above Report be made in the Bill directing the sale of confiscated property.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for concurrence the Report of the Committee of Ways and Means concurred with by this House, we have caused the amendment referred to in the said Report to be made in the Bill.

Resolved, That Mr. Abner Nash have leave of absence during the Session.

The matters to this day referred being postponed the House adjourned till to-morrow morning 6 o’clock.


Sunday, 12th May, 1782.

The House met according to adjournment.

Resolved, That William Moore, Colonel, of Caswell County, have leave to resign his Commission as Colonel of said County.

The House adjourned till 5 o’clock P. M.

Met according to adjournment.

Resolved, That a Writ of Election issue to the County of Jones to Elect one Member of this House in the room and stead of Abner

-------------------- page 148 --------------------
Nash, Esquire, whose seat is vacated by his acceptance of the appointment of a Delegate from this State to Congress; that the said Election be held on the Wednesday and Thursday after the third Monday in June next.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

We send you herewith the resignation of John Collier, Esquire, Colonel, of Randolph County, accepted by this House.

The resignation referred to in the above Message being read was accepted by the House.

The House adjourned till to-morrow morning 6 o’clock.


Monday 13th May, 1782.

The House met according to adjournment.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

This House propose Balloting this evening at 5 o’clock for a Judge of the Court of Oyer and Terminer for the Counties of Washington and Sullivan, two Colonel Commandants for the District of Morgan, three Commissioners to Superintend the sales of confiscated property, a Comptroller and a Treasurer for each of the Districts of Salisbury, Hillsborough, Halifax, Edenton, New Berne, Wilmington and Morgan, and put in nomination for Judge, Spruce McKoy, for Colonels Commandant, Charles McDowell, Elijah Isaacs and Isaac Shelby, for a Commissioner of confiscated property of the Lower Department comprehending the Districts of Edenton, New Berne and Wilmington, William Bryan, for the Upper Department comprehending the Districts of Salisbury and Morgan, Griffith Rutherford and Robert Lanier and for the Middle Department comprehending the Districts of Halifax and Hillsborough, Joseph Hawkins, for a Comptroller, Major General Caswell and William Sharpe, for Treasurer, William Skinner, Timothy Bloodworth, Richard Cogdell, Benjamin Exum, Robert Lanier, Matthew Jones, Memucan Hunt, Ambrose Ramsey, Green Hill and John Brown for their respective Districts.

If you accede to this proposition you will signify the same by message.

-------------------- page 149 --------------------

It having been represented to this Assembly that Nathan Bryan and Lewis Bryan, of Jones County, have sustained very considererable damage in their property by sundry persons, who at that time and since, did owe allegiance to this State, and have absconded and withdrawn themselves from the same or are dead and having made application to this Assembly for relief in the premises.

Resolved, That the said Nathan Bryan and Lewis Bryan ought to have their action of common Law against all or any of those persons concerned in injuring them and that no Act or Acts of the General Assembly for the confiscation of property in this State shall be pleaded in Bar against a recovery in any Court of Judicature which they or either of them might otherwise have or legally obtain against any person whatever.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve in favor of Nathan and Lewis Bryan of Jones County.

The Bill directing the sale of confiscated property was read the third time, amended, passed and sent to the Senate.

The House adjourned till 10 o’clock.

Met according to adjournment.

The Bill for the relief of the Officers and Soldiers in the Continental line and for other purposes therein mentioned was read the second time, amended, passed and sent to the Senate.

Mr. Sharpe moved for leave and presented a Bill for abolishing the State Quarter Master and Commissary Departments within this State, and for restraining impressments, which was read the first time, amended, passed and sent to the Senate.

Mr. John Johnston, from the Committee appointed to receive the return of the District Auditors, &c., reported as follows:

Your Committee having taken under consideration the Accounts of Joseph Dickson find them to be of so complicated a nature and so great a Number of vouchers to go through that they think it will be out of their power to go through them this Session with any degree of accuracy beside one of his most considerable vouchers from General Rutherford not having the amount of Provisions delivered

-------------------- page 150 --------------------
by said Dickson to him expressed in it. We recommend that the said accounts be referred to the District Auditors.

Your Committee having taken under consideration the Petition of Sarah McLean, no papers or any kind of evidence but of a very vague nature having been laid before them, more that the Petition itself are of opinion that the Petition ought to be referred to the Board of Auditors where the Petitioners may have an opportunity of producing some kind of Testimony more clearly to ascertain the accounts of her claims.

The House taking the said Report into Consideration concurred therewith.

Whereupon, Resolved, That the accounts of Colonel Joseph Dickson and the claims of Sarah McLean be taken up and settled by the Auditors for the District of Morgan.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith for your concurrence the Report of the Committee appointed to receive the returns of the District Auditors on the Accounts of Colonel James Dickson and the Petition of Sarah McLean concurred with by this House. We also send for concurrence a Resolve of this House in consequence thereof.

Received from His Excellency, the Governor, a Message accompanyed by a Copy of a Letter wrote by him to General Leslie in answer to two Letters from him respecting the exchange of Bryant, Hampton and White in Salisbury Gaol, which, being read, were ordered to be sent to the Senate with the following Message:

Mr. Speaker and Gentlemen:

We send for your perusal a Message from His Excellency, the Governor, accompanied by a Copy of a Letter to General Leslie.

The Bill to alter the times of holding several County Courts of Pleas and Quarter Sessions within the District of Morgan was read the third time, passed and sent to the Senate.

The Bill for levying a further Tax of one Shilling on every hundred pounds value of Taxable property in the County of Jones for defraying the expence of compleating the Public Buildings thereof was read the third time, passed and sent to the Senate.

-------------------- page 151 --------------------

The Bill for adding part of Burke County to Lincoln County for appointing Commissioners for the purposes therein mentioned and for laying a Tax to compleat the Public Buildings therein was read the third time, passed and sent to the Senate.

The Bill to amend an Act for appointing District Auditors and other purposes was read the second time, amended, passed and sent to the Senate.

The Bill to amend the several Acts passed within this State to prevent the stoppage of the passage of Fish up the several Rivers therein mentioned was read the second time, amended, passed and sent to the Senate.

The Bill to amend an Act passed the last Session of the General Assembly intitled an Act for levying a Specific and pecuniary Tax, was read the second time, amended, passed and sent to the Senate.

Mr. Sharpe, from the Committee to whom was referred the Memorial of James Hogg and William Johnston for themselves and others, reported as follows:

That in March, 1775, Richard Herndon, on behalf of himself and Thomas Hart, Nathaniel Hart, John Williams, John Luttrell, William Johnston, James Hogg, David Hart and Leonard Henly Bullock did, contrary to a Royal Proclamation, treat with and purchase from the Chiefs of the Over Hill Cherokee Indians a large Tract of Land on Powels, Cumberland and other Rivers within this State, bounded as follows, to-wit:

Beginning on Holston River six miles Eastward of the Long Island in Donaldson’s line; thence with that line to the Virginia Boundary; thence West with that line to the dividing Ridge between Cumberland and the Tennessee Rivers; thence Eastward, including all the waters on said Cumberland River to the head of the most Southwardly branch thereof; thence to a Southeast course to a point directly in the rake or course of Powell’s Mountain; thence in the direction of Powell’s Mountain to the River Tennessee or Holston; thence up the same to the beginning.

Your Committee are of opinion that the aforesaid purchase was illegal and that all such attempts to monopolize Lands are dangerous and may prove injurious to Society.

It appears that Mr. Herndon and Company have thereby incurred

-------------------- page 152 --------------------
a heavy expence and have had great trouble and risques; that the purchases which they have made may save the State some expence in attaining peaceable possession of the Lands from the Indians.

Your Committee are, therefore, of opinion that a sufficient compensation ought to be made to the said Company in Lands lying in Powell’s Valley adjoining the Lands described for the Officers and Soldiers of the line, that if there should not be a sufficient quantity of unappropriated Lands in Powell’s Valley to fill up the Grant which may be made by the General Assembly, it ought to be compleated from some other vacant and unappropriated Lands.

WILLIAM SHARPE.

The House taking the said Report into consideration concurred therewith.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for your concurrence the Report of the Committee to whom was referred the Memorial of James Hogg and others concurred with by this House.

The House adjourned till 5 o’clock P. M.

Met according to odjournment.

The Bill to appoint Commissioners for fixing on a place within the County of Anson to build a Court House, Prison and Stocks and other purposes therein contained, was read the second time, amended, passed and sent to the Senate.

The Bill to amend an Act intitled an Act for dividing Tryon County and other purposes was read the third time, amended, passed and sent to the Senate.

The Bill to regulate and ascertain the fees to the Secretary of State, the Governor’s Private Secretary and the Surveyors was read the third time, amended, passed and sent to the Senate.

On the question shall the Bill pass or not, the yeas and nays being required by Mr. Lenoir are as follows:

Yeas:

Messrs. Dr. Williamson, Payne, P. Hawkins, Jeffreys, J. Hawkins,

-------------------- page 153 --------------------
Arrington, J. Moore, Mitchell, Bagge, T. Johnston, Patterson, W. Moore, Turner, Boon, Dodd, Ferebee, McBride, Hardin, Sloan, Horton, Mouring, Sharpe, Slade, Dr. Newman, J. Macon, Hunter, Vaughn, Young, Jennett, Stephens, Gorham, Simpson, Shepperd, Armstrong, J. Johnston, D. Wilson, Miller, W. Bryan, Farmer, Person, Gillespie, Webb, Jackson, Dickey and Hinton.

Nays.:

Messrs. McCawley, Ramsey, Gilbert, Lenoir, Phifer, Avery, Gowdy, McDowell, Shelby and E. Williams.

The House adjourned till 6 o’clock to-morrow morning.


Tuesday, 14th May, 1782.

The House met according to adjournment.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House have directed their Clerk to make out the Estimate, to include Thursday next, at Twenty Shillings per Day and propose that the members who attended at Salem in November and January last be allowed two Dollars per Day for their attendance.

Received from the Senate a Bill for abolishing the State Quarter Master and Commissary Departments within this State and for restraining impressments. Endorsed in Senate 13 May, 1782, read the first time and passed.

A Bill for the relief of the Officers and Soldiers in the Continental line and for other purposes therein mentioned.

A Bill to amend the Several Acts passed within this State to prevent the Stoppage of the passage of fish up the several Rivers therein mentioned. Endorsed in Senate 13 May, 1782, read the second time and passed.

A Bill to amend an Act passed last session of the General Assembly entitled an Act for levying a Specific and Pecuniary Tax. Endorsed in Senate 13 May, 1782, read the second time, amended and passed.

A Bill to appoint Commissioners for fixing on a place within the County of Anson to build a Court House, Prison and Stocks and other purposes therein contained. Endorsed in Senate 13 May, 1782, read the third time and passed.

-------------------- page 154 --------------------

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

The Report of the joint Committee on the Petition of Colo. Joseph Dixon, and the Petition of Sarah McLean, and the Resolve of your House in consequence thereof, we return you concurred with.

Mr. Speaker and Gentlemen:

The Report of the Committee on Ways and Means we return you concurred with.

Mr. Speaker and Gentlemen:

The Report of the Committee on the Memorial of James Hogg and William Johnston, in behalf of themselves and others, we return you concurred with by this House.

Mr. Speaker and Gentlemen:

This House have appointed Mr. Wade and Mr. Isaacs who will act in conjunction with such Gentlemen as you may appoint as a Committee to take under consideration the Memorial from the Inhabitants of Rutherford and Burke Counties.

Mr. Speaker and Gentlemen:

We propose that the Memorial of John Huske herewith sent you be referred to the Committee to whom was referred the settlement of Governor Burke’s Accounts.

Mr. Speaker and Gentlemen:

We send for Concurrence a Resolve in favor of William Landsell of Bladen County.

Mr. Speaker and Gentlemen:

With this you will receive the Report of the joint Committee on the Letter from Colonel Lytle concurred with by this House.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We agree that the Memorial of John Huske be referred to the Committee to whom was referred the settlement of Governor Burke’s Accounts. We return you the Resolve in favor of William Landsell

-------------------- page 155 --------------------
and the report of the joint Committee on Colo. Lytle’s letter concurred with by this House.

Whereas it is apprehended that the Cherokee Indians seduced by British emissaries may soon make an incursion on the frontier inhabitants of this State, therefore

Resolved, That his Excellency, the Governor, by and with the advice of the Council of State be directed to take such prudential measures as may effectually defend against or repel the Enemy if it may be judged necessary.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve for the protection of the Frontiers of this State which we propose instead referring the petition from Rutherford and Burke Counties.

Whereas it has been represented to the General Assembly, that one Negro man, late the property of Charles Vandiver, who joined the Enemy under command of Sam Bryan; and that one Negro woman with her child, late the property of John Bryan who deceased in the enemies service, are now in possession of Mrs. Davidson, the relict of Brigadier General Davidson, deceased, and that Mrs. Davidson will be greatly distressed if those Negroes should be sold by virtue of the Confiscation Act before the claims of General Davidson are fully settled, therefore

Resolved, That the Commissioner or Commissioners of Confiscated Estates in the County of Rowan do allow Mrs. Davidson to keep possession of the aforesaid Negroes until the further order of the General Assembly,

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve in favor of Mrs. Davidson, relict of the late General Davidson, deceased.

The Bill to amend an Act passed the last Session of the General Assembly entitled an Act for levying a Specific and Pecuniary Tax was read the third time, amended, passed and sent to the Senate.

On the question shall the Bill pass or not the Yeas and Nays being required by General Bryan, were are as follows:

-------------------- page 156 --------------------

Yeas—Messrs. McCawley, P. Hawkins, J. Hawkins, J. Moore, Mitchell, Bagge, T. Johnston, Ramsey, Patterson, W. Moore, Turner, Boon, Dodd, Ferebee, Sloan, Branch, Mouring, Sharpe, Slade, Newman, Hunter, McKinne, Young, Farmer, Person, Miller, Jackson, Hinton, Phifer, D. Wilson, Gowdy, Avery, McDowell, Shelby, Armstrong and E. Williams.

Nays—Messrs. Dr. Williamson, Payne, Arrington, Bryan, Cain, McBride, Hardin, Horton, Brown, Gilbert, J. Wilson, J. Johnston, Lenoir, Gillespie, Dickey, Gorham, Reading, Pope, Simpson and Sheppard.

Resolved, That Adam Cooper, who was a Soldier under the Command of Colo. Isaac Shelby, in an action on the 8th Day of July, 1780, with a Detachment of the Enemy under the Command of a Major Dunlap, at the Cedar Springs in South Carolina, and who on that Day received Sundry wounds, be allowed the Sum of Seventy pounds Specie, and that the same shall be accounted for as Specie in the purchase of any confiscated property which the Commissioners of Confiscated Estates are required to allow accordingly, and in lieu of Specie.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve of this House in favor of Adam Cooper.

Mr. John Johnston from the Committee to whom was referred the settlement of Mr. Sharp’s Accounts, reported as follows:

That it appears to your Committee that Mr. Sharpe served as a Delegate in Congress from the 3rd of September, 1780, until the 27th of October, 1781, and that before the last Session of the General Assembly there was no fixed salary assigned that office. Mr. Sharpe states his Account at Seventy-five pounds per month, by which there is due him £1031-5, and he gives credit in the same Account for £782-16 for Sundry Sums received by him in Philadelphia, from which there appears due to him a Balance of two hundred and forty-eight pounds Nine Shillings.

Your Committee are of opinion that he be allowed the balance aforesaid at the rate of Gold and Silver actual pay on the purchase of any confiscated property and that a Certificate therefor

-------------------- page 157 --------------------
ought to be received by the person who may be appointed to make sale of any such property as aforesaid, all which is submitted.

ISAAC GUION,
Chairman.

The House taking the said Report into consideration concurred therewith in consequence whereof the following Resolve was adopted.

Whereas, it appears to this House that there is due to William Sharpe two hundred and forty-eight pounds nine Shillings in consideration of time and services as Delegate in Congress, therefore

Resolved, That William Sharpe shall have a certificate allowing him the aforesaid sum of two hundred and forty-eight pounds nine shillings at the rate of Gold and Silver actually paid on the purchase of any confiscated property and any commissioner of confiscated property receiving the same shall be allowed therefor in the settlement of their Accounts.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for your concurrence the report of the Committee to whom was referred the settlement of Mr. Sharpe’s Accounts, concurred with by this House. We also send for your concurrence a Resolve of this House in consequence thereof.

Received from the Senate the following Message.

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve allowing Waightstill Avery, Esquire, a certain sum therein mentioned.

At the same time received the Resolve referred to in the above Message which being read was rejected, whereupon

Resolved, That the Treasurers, or either of them, pay into the hands of Waightstill Avery, Esquire, the Sum of Eighty pounds Specie for attending the Superior Courts of Law for the Districts of Halifax and New Berne, April and May Term, 1778, as Attorney General of the State for which sum they shall be allowed in the Settlement of their public Accounts.

-------------------- page 158 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve of this House in favor of Waighstill Avery, Esquire, which we propose adopting instead of the one by you proposed on the same subject.

The Bill for levying a Specific provision Tax for defraying Contingencies and Supporting the Armies of the United States for the year 1782, was read the second time, amended, passed and sent to the Senate.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

The Resolve of your House in favor of Mrs. Davidson you will herewith receive concurred with.

Mr. Speaker and Gentlemen:

We agree that the Estimate be made out in every respect as by you proposed.

Mr. Speaker and Gentlemen:

The Resolve of your House for the Protection of the Frontiers of this State we return you concurred with.

Mr. Speaker and Gentlemen:

You will herewith receive the Resolve of your House in favor of Adam Cooper concurred with.

Mr. Speaker and Gentlemen:

We send for concurrence Sundry Resolves directing the Treasurers or either of them to pay the respective sums therein mentioned to the persons named, agreeable to Report of the Committee on that head.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return the Sundry Resolves directing the Treasurers or either of them to pay the respective sums therein mentioned to the persons named in the Report of the Committee, &c., concurred with.

The House adjourned till 5 o’clock p. m.

-------------------- page 159 --------------------

Met according to adjournment.

The Bill to amend the several acts passed within this State to prevent the stoppage of the passage of fish up the several Rivers therein mentioned was read the third time, passed and sent to the Senate.

The Bill to appoint Commissioners for fixing on a place within the County of Anson to build a Court House, Prison and Stocks and other purposes therein contained was read the third time, passed and ordered to be Engrossed.

Whereas, it appears to the General Assembly that it is necessary to nominate and appoint three Gentlemen in Surrey County to act as Justices of the Peace in said County, therefore Resolved, that Trangott Bagge, John Rights, and Hugh Armstrong be nominated and appointed Justices of the Peace in the County of Surrey and that they be commissioned accordingly.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve for appointing three Justices of the Peace in Surrey County.

Mr. Avery protests against the Bill to appoint Commissioners within the County of Anson to build a Court House, &c., as follows:

1st. Because the last paragraph empowers the Justices of the Several Counties to lay Taxes not exceeding one Shilling Specie on every hundred pounds value, &c., and because the Justices are not the representatives of the people, and no Taxes ought to be laid by others as appears by the Sixteenth Section of the Bill of Rights.

Received from the Senate the following Message.

Mr. Speaker and Gentlemen:

With this you will receive for your concurrence a Resolve directing the Treasurers, or either of them to pay William Sharpe, Esquire, a certain sum therein mentioned which we propose in lieu of the one by you adopted on that head.

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve directing the Treasurers

-------------------- page 160 --------------------
or either of them, to pay Abner Nash, Esquire, a certain sum therein mentioned.

Mr. Speaker and Gentlemen:

We send herewith the Report of the joint Committee on the Accounts of Thomas Burke, Esquire, late a Delegate from this State to the Congress of the United States, Concurred with by this House.

We send for your Concurrence a Resolve entered into by this House in consequence thereof.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Resolve of your House directing the Treasurers, or either of them, to pay William Sharpe, Esquire, a certain sum therein mentioned; the Resolve directing the Treasurers, or either of them, to pay Abner Nash, Esquire, a certain sum therein mentioned; the Report of the joint Committee, on the Accounts of Thomas Burke, Esquire, late a Delegate from this State in Congress, and the Resolve of your House in consequence thereof, we return you concurred with.

The Bill for abolishing the State Quarter Master and Commissary Departments within this State and for restraining impressments was read the second time, amended, passed and sent to the Senate.

Resolved, That the Bill to attaint certain persons therein mentioned of Treason, &c., be read To-morrow the second time.

Resolved, That the Bill to repeal such Laws and Clauses of Laws which make paper money a legal Tender, &c., be read To-morrow the third time.

The House adjourned till To-morrow Morning 7 o’clock.


Wednesday, 15 May, 1782.

The House met according to adjournment.

Received from the Senate a Bill for abolishing the State Quarter Master and Commissary Departments within this State and for restraining impressments. Endorsed in Senate 14 May, 1782, read the second time and passed.

Received from the Senate a Bill to amend an Act passed the last

-------------------- page 161 --------------------
Session of the General Assembly entitled an Act for continuing the District Auditors of this State, directing their duty in office and for other purposes, and also one other Act passed at Halifax on the 18th Day of January, 1781, entitled an Act for appointing District Auditors for the Settlement of public Claims. Endorsed in Senate 13 May, 1782, read the second time and passed.

Ordered that the said Bill be read the third time; the same was read the third time, amended, passed and sent to the Senate.

Resolved, That Longfield Cox be and he is hereby appointed to take charge of the State House and its appendages in the Town of New Berne. That he be impowered to cause all necessary repairs to be made to the roof of the House so as to preserve the buildings from damage by Leaks. Provided, such repairs not exceed the rents of the said Buildings, and that he be authorized to rent the whole of the public buildings and the lotts thereunto belonging in one or more tenements as he shall judge most advantageous, for any term not exceeding one year, and that he make return to the next General Assembly or to the Governor, of his proceedings therein for which service he shall be allowed a reasonable sum upon the settlement of his account.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve for appointing Longfield Cox to take charge of the State House in New Berne for the purpose therein mentioned.

The House adjourned till 11 o’clock.

Met according to adjournment.

The resignation of James Martin as Colo. of Guilford County was read and accepted of.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith the resignation of James Martin as Colo. of Guilford County accepted by this House.

The Bill for levying a Specific and provision Tax for defraying

-------------------- page 162 --------------------
Contingencies and supporting the Armies of the United States for the year 1782, was read the third time, amended, passed and sent to the Senate.

Mr. Sharpe moved for leave and presented a Bill to suspend the execution of part of an act passed this session of the General Assembly intitled an Act directing the sale of confiscated property which was read the first time and rejected.

Resolved, That the District Auditors shall be permitted to settle the accounts of any person or persons who are in the predicament here described on the oath of the parties; provided, that no person shall be allowed to establish any account on his own oath till he has proved by the oath of some indifferent person, or otherwise explained to the satisfaction of the Auditors, the manner in which he lost his Certificate or vouchers, or has been prevented from obtaining the usual Vouchers.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve impowering the Auditors to allow the Accounts therein alluded to.

The Bill for raising a Revenue for the support of the Government was read the third time, amended, passed and sent to the Senate.

Mr. Person, from the Committee of Propositions and Grievances, reported as follows:

Your Committee report as follows on the Petition from the Officers of Rutherford County and the petition of Mrs. Mary Russell:

That it is the unanimous opinion of your Committee that the property of George Russell, Deceased, taken into possession by the Commissioners of Confiscated Property for the County of Rutherford, be immediately restored to the said Mary Russell for the Benefit and use of her Children, all which is submitted.

THO. PERSON,
Chairman.

The House taking the said Report into consideration concurred therewith.

-------------------- page 163 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for concurrence the report of the Committee of Propositions and Grievances concurred with by this House.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

With this you will receive the resignation of Thomas Brown, Esquire, Colonel of the Bladen Regiment of Militia, accepted by this House.

Mr. Speaker and Gentlemen:

We send herewith the Report of the joint Committee on the Memorial of John King concurred with by this House.

Mr. Speaker and Gentlemen:

You will herewith receive the Petition of John Kimbrough and a Resolve of this House entered into in consequence thereof which we send for your concurrence.

The Petition and Resolve referred to in the above Message being read was rejected.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return the report of the joint Committee on the Memorial of John King concurred with; also the resignation of Thomas Brown, Colo. of Bladen County, accepted by this House.

The Bill to establish a department for adjusting and liquidating the public Accounts of this State and for appointing a Comptroller and other purposes was read the third time, amended, passed and sent to the Senate.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

We return the Resolve of your House appointing Longfield Cox to take charge of the State House, &c., concurred with.

Mr. Speaker and Gentlemen:

This House accept the resignation of James Martin, Esquire, as Colonel of Guilford County.

-------------------- page 164 --------------------

Mr. Speaker and Gentlemen:

We propose that the Accounts of John Haywood as Secretary of the late Board of War be reported on by the Committee appointed to settle with the County Commissioners agreeable to his request herewith sent you.

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve for establishing a post from the Town of Hillsborough to the Town of Richmond, Virginia. The Resolve referred to in the above Message being read was rejected.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House agreed that the Committee appointed to settle with the County Commissioners Report on the Accounts of Mr. John Haywood as Secretary of the late Board of War.

The House adjourned till To-morrow Morning 6 o’clock.


Thursday, 16th May, 1782.

The House met according to adjournment.

Received from his Excellency, the Governor, a Message accompanied by a Letter from Major General Greene, which being read were ordered to be sent to the Senate with the following Message:

Mr. Speaker and Gentlemen:

We send herewith for your perusal a Message from His Excellency, the Governor, accompanied by a Letter from Maj. General Greene.

Resolved, That His Excellency, the Governor, be requested to open a correspondence with the Governors of the States of Maryland and Delaware, intimating that this State is disposed to grant a quantity of Lands to the Officers and Soldiers of those States who have served and continue to serve under the command of Major General Greene, in the Southern Department, and to the legal representative of those Officers and Soldiers, who have been killed or have died in the service during the time aforesaid, in consideration

-------------------- page 165 --------------------
of the high sense this State entertains of their gallantry and faithful services.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve requesting his Excellency, the Governor, to open a correspondence with the Governors of Maryland and Delaware States on the subject therein mentioned.

The Bill for the relief of the Officers and Soldiers in the Continental line, and for other purposes, was read the third time, amended, passed and sent to the Senate.

The House adjourned till 10 o’clock.

Met according to adjournment.

A letter from George Doherty, agent to the Officers of the North Carolina line was read. Ordered that it be sent to the Senate with the following Message.

Mr. Speaker and Gentlemen:

We send for your perusal a letter from George Doherty, Agent, &c., to the officers of the North Carolina line.

The Bill to repeal such Laws and Clauses of Laws which make paper money a legal tender in the payment of private Debts and Contracts and for other purposes, was read the third time, amended, passed and sent to the Senate.

On the question shall the Bill pass or not the Yeas and Nays being required by Mr. J. Macon are as follows:

Yeas: 31.

Messrs. Dr. Williamson, Payne, Thomas, Bagge, Turner, Boon, McBride, Sloan, Sharpe, Newman, Hunter, McKinne, Young, J. Johnston, Person, Gillespie, Miller, Dickey, Hinton, Stephens, Gorham, D. Wilson, Phifer, Pope, Simpson, Gowdy, Avery, McDowell, Shelby, Armstrong and Harper.

Nays: 26.

Messrs. McCawley, P. Hawkins, Jeffreys, J. Hawkins, Arrington, Mitchell, Bryan, Johnston, Ramsey, Patterson, Cain, W. Moore, Dodd, Hardin, Branch, Haughton, Philips, Slade, Gilbert, J. Wilson, J. Macon, Vaughn, Lenoir, Webb, Jennett, and Shepperd.

-------------------- page 166 --------------------

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

The Resolve of your House directing the Auditors as to the settlement of Claims the vouchers which are lost, we return you concurred with.

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve in favor of such officers of the Militia of this State who have been captured by the Enemy.

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve of this House in favor of Mr. John Huske.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Resolve of your House in favor of the Militia officers of this State who have been captured, and the Resolve in favor of Mr. John Huske concurred with by this House.

Resolved, That Mr. P. Hawkins have leave to withdraw The Bill for extending the Boundary line between this State and the Cherokees, and other purposes, to amend and that the said Bill be read on Monday next the third time.

Rsolved, That His Excellency, the Governor, be and he is hereby impowered to give an order on any one of the County Commissioners in favor of Mr. John Kelley, for such quantity of Writing Paper as he may have furnished for the use of the public at Eight pounds per Rheam; to be paid him in Specific Commodities at the Current price.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith for your concurrence a Resolve in favor of Mr. John Kelly.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

The Senate consent that the Bill for raising a revenue be passed

-------------------- page 167 --------------------
as by you agreed to in your last Message on Condition that you will agree that 27 be substituted in lieu of 47 as this House proposed. This being a Condition we cannot recede from we hope the passage of the Bill will be no longer delayed.

On the question will the House concur with the proposition of the Senate or not the yeas and nays being required by Mr. Thos. Johnston are as follows:

Yeas: 26.

Messrs. McCawley, Thomas, Jeffreys, Moore, T. Johnston, Patterson, W. Moore, Haughton, Philips, Slade, Gilbert, J. Wilson, F. Macon, Vaughn, Young, J. Johnston, Farmer, Jackson, Dickey, Hinton, Hardin, Phifer, Simpson, Gowdy, Shepperd, and Harper.

Nays: 28.

Messrs. Payne, Mitchell, Bryan, Bagge, Ramsey, Cain, Boon, Ferebee, McBride, Sloan, Mouring, Sharpe, Brown, Newman, Hinton, Lenoir, Person, Gillespie, Miller, Webb, Stephens, Gorham, D. Wilson, Reading, Avery, Shelby, Armstrong, and E. Williams.

So it was Resolved on the Negative.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

This House cannot by any means agree to the Amendment by you proposed to be made in the Bill for raising a revenue. You will therefore either pass or reject the Bill as you think best.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We propose that the General Assembly ballot this Evening at 6 o’clock for the Comptroller for this State and put in nominating the Honorable Richard Caswell, Esquire, for that appointment. For a Judge of the Court of Oyer and Terminer for the District of Morgan and nominate Spruce McKoy for that appointment.

For the Commissioners of Confiscated Property for the respective Districts of this State and nominate for the District of New Berne, Benjamin Shepperd; Wilmington, Richard Bradley; Salisbury, Griffith Rutherford; Hillsborough, William Moore and John Taylor; Halifax, John Macon, Samuel Lockhart; Edenton, William Righten, and for the District of Morgan, James Johnston.

-------------------- page 168 --------------------

For Treasurers for the respective Districts and nominate for the District of New Berne, Richard Cogdell; Wilmington, Timothy Bloodworth; Hillsborough, Matthew Jones; Salisbury, Robert Lanier; Halifax, Green Hill; Edenton, William Skinner, and for the District of Morgan, John Brown.

For a Brigadier General for the District of Morgan and nominate for that appointment Charles McDowell and Elijah Isaacs, Esqrs. Mr. Coor and Mr. Macon, Superintendents of the Balloting.

Should this be agreeable to you you will signify the same by Message.

The House adjourned till To-morrow Morning 6 o’clock.


Friday, 17th May, 1782.

The House met according to Adjournment.

Resolved, That the Bill for laying a Duty on Certain Goods imported to this State, &c., be read on Monday next the second time, and the Bill for appointing Public Treasurers on Tuesday for the second time.

Resolved, That the Attorney General be directed to prosecute Peter Mallett and George Meek for Treason against this State.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve directing the Attorney General to prosecute Peter Mallett and George Meek for Treason.

Resolved, That John Walker be, and he is hereby appointed, Commissioner for the Port of Brunswick, to receive the Duty on Tonnage of Vessels coming into that Port as an Act of Assembly directs. Passed at Halifax in February, 1781, for the encouragement of the Importation of Warlike Stores.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve appointing John Walker, Commissioner for the purposes therein mentioned.

The House adjourned till 10 o’clock.

Met according to adjournment.

-------------------- page 169 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons propose Balloting for the several officers at five o’clock this evening and put in nomination for Commissioner of confiscated property in the District of Edenton, William Righton; for the District of Morgan, James Johnston; Hillsborough, William Moore, Ambrose Ramsey and John Taylor; Halifax, John Macon; Salisbury, Griffith Rutherford; Wilmington, Richard Bradley and James Gillespie; New Berne, William Bryan and Benjamin Shepperd.

The other officers to be Balloted for we nominate as in our former Message on this Head and agree to ballot for a Brigadier General for the District of Morgan instead of two Colonels Commandant and put in nomination for Brigadier General the same as by you mentioned. Mr. Payne and Mr. Thomas will superintend the Balloting.

Resolved, That Major Bennett Crafton, of the State Legion, be allowed three hundred and ninety dollars, being in full for Six month’s pay, and Subsistance money which shall be received in the sale of confiscated property as Gold and Silver, and any Commissioner may be allowed the same in the settlement of their accounts.

Resolved, That Major Joel Lewis, of the State Legion, be allowed three hundred and ninety dollars for six month’s pay and subsistance money, which shall be received in payment of any of the sales of confiscated property as Gold and Silver.

Resolved, That Capt. George Farragutt, of the State Legion, be allowed three hundred dollars in full for six month’s pay and subsistance money, which shall be received in the sales of confiscated property as Gold and Silver, and any Commissioner may be allowed the same in the settlement of their accounts.

Resolved, That Swan Troughton, Lieutenant of the State Legion, be allowed one hundred and ninety dollars, in full for six month’s pay and subsistance money, which shall be received in the sales of confiscated property as Gold and Silver, and any Commissioner may be allowed the same in the settlement of their accounts.

Resolved, That Maurice Raiford, Lieutenant of the State Legion, be allowed one hundred and ninety dollars in full for six month’s

-------------------- page 170 --------------------
pay and subsistance money, which shall be received in the sales of any confiscated property as Gold and Silver, and any Commissioner may be allowed the same in the settlement of their accounts.

Resolved, That Captain Samuel Jones, of the State Legion, be allowed three hundred dollars, being in full for six month’s pay and subsistence money, which shall be received in the sale of any confiscated property as Gold and Silver, and any Commissioner may be allowed the same in the settlement of their accounts.

Resolved, That Capt. Charles Gordon, of the State Legion, be allowed three hundred dollars in full for six month’s pay and subsistence money, which shall be received in the sale of confiscated property as Gold and Silver, and any Commissioner may be allowed the same in the settlement of their accounts.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for concurrence Sundry Resolves allowing the Officers of the State Legion the respective sums therein mentioned in full for six month’s pay and subsistence.

The Bill for abolishing State Quarter Master and Commissary Departments within this State and for restraining impressments was read the third time, amended, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Resolve of your House in favour of Mr. John Kelly we return concurred with.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve in favour of Lieut. Colonel Arch’d. Lytle.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return the Resolve of your House in favour of Lieut. Colonel Arch’d. Lytle concurred with by this House.

-------------------- page 171 --------------------

The Bill to attaint certain persons therein mentioned of Treason, to pardon others on certain conditions, for repealing the Acts disqualifying non-jurors and for the relief of certain Officers therein described who have taken paroles from the enemy was read the second time, amended, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Senate wish not to defer Balloting until 5 o’clock as by you proposed, but are of opinion that it be done at one o’clock this afternoon.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House are ready to Ballot for the several officers, &c., immediately.

Received from His Excellency, the Governor, a Message, accompanied by a Letter from Major Genl. Greene and one other Letter from Lieut. Col. Arch’d. Murphy, which, being read, were ordered to be sent to the Senate with the following Message:

Mr. Speaker and Gentlemen:

We send herewith a Message from His Excellency, the Governor, accompanied by the Letters therein referred to.

Mr. John Johnston, from the Committee appointed to receive the returns of the District Auditors and settle with the County Commissioners to whom was also referred the settlement of the accounts of John Haywood, as Secretary to the late Board of War, reported as follows:

That having examined the accounts of the said Haywood, as Secretary aforesaid, they find that there hath been advanced on public account for defraying the necessary expences and public expenditures of the said Board the following sums, viz:

By Robert Bignall, Esquire, Commissioner of Trade, the sum of sixty thousand pounds by a Resolve of the General Assembly in February, 1781, the sum of Fifty Thousand pounds and by Warrants on the Treasury from Governor Nash in February, 1781, to be applied by William R. Davie, Commissary General in his Department,

-------------------- page 172 --------------------
the sum of one hundred thousand pounds, which several sums when added together, amount in the whole to two hundred and ten thousand pounds.

That the public expenditures of the said Board of War from the time of their Establishment until the time of their being discontinued, together with the necessary allowance for their daily support, amounts to the sum of seventy-six thousand eight hundred and fifty-seven pounds Twelve Shillings exclusive of the before mentioned Warrants of one hundred thousand pounds granted in favour of and delivered William Richardson Davie, Commissary aforesaid, which augments the expenditures of the Board to one Hundred and Seventy-Six Thousand Eight Hundred and Fifty-seven pounds twelve shillings, which last mentioned sum, together with the allowance of thirty-three thousand one hundred and forty-two pounds eight shillings by the said Board of War, made their Secretary, his necessary expences amounting nearly to one-half thereof included, making in the whole the sum of two hundred and ten thousand pounds, which balances his, the said Secretary’s accounts, with the public, all which is submitted.

JOHN JOHNSTON,
Chairman.

The House taking the said report into consideration concurred therewith.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith the report of the Committee to whom was referred the accounts of Mr. John Haywood, Secretary to the late Board of War, concurred with by this House.

Mr. John Johnston, from the Committee to whom was referred the account of Lewis Bryan, Commissioner for purchasing Horses in the District of New Berne, reported as follows:

That it appears to your Committee that your Commissioner, under a Resolve of the General Assembly at Wake, purchased and impressed seven Horses in New Berne District for the use of General Greene’s Army and gave receipts for them on the public to the amount of four hundred and ten pounds specific, two of which were taken by the British and five delivered to John Council Bryan, A.

-------------------- page 173 --------------------
Q. M., under Colonel Long on March the 5th, 1782, and that the Commissioner has expended in procuring, keeping and forwarding the said Horses Twenty-Seven pounds ten shillings Specie for which your Committee are of opinion he ought to be paid by a Resolve, all which is submitted.

The House taking the said Report into Consideration concurred therewith.

Whereupon, Resolved, That the Treasurers or either of them pay him, the said Lewis Bryan, the aforesaid sum of twenty-seven pounds ten shillings Specie and shall be allowed in the settlement of their accounts.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for concurrence the report of the Committee to whom was referred the accounts of Lewis Bryan; also a Resolve of this House in consequence thereof.

Received from the Senate a Bill to bring certain persons therein mentioned to Tryal for Treason, to pardon others on certain conditions, to repeal the several Acts that disqualify non-jurors; also to relieve certain officers therein described who have taken paroles and for other purposes. Endorsed in Senate 17th May, 1782, read the second time and passed. Ordered that the said Bill be read the third time. The same was read the third time, amended, passed and sent to the Senate.

A Letter from Dr. Hugh Williamson informing that he accepted the appointment of Delegate to represent this State in Congress was read.

Whereupon, Resolved, That a writ issue to Chowan County for the election of one Member of this House in the room and stead of the said Williamson whose seat is vacated by his acceptance of such appointment; that the said election held on the Fourth Monday and Tuesday in June next.

The General Assembly of North Carolina have taken into their consideration the Representation of the General Assembly of Virginia of June 14th, 1781, in behalf of those persons who have obtained Titles to Lands supposed to be in Virginia, but which are now found to be in State of North Carolina.

-------------------- page 174 --------------------

The distracted situation of North Carolina for the last two years, in which time the General Assembly have mostly set under alarms and dangers or have been prevented from sitting at the appointed season, has prevented a more early and deliberate attention to this business. Under these circumstances which were notorious, it was not to have been expected that a friend and sister State should have cherished against them the suspicion of a fixed intention of doing injustice. The Assembly of North Carolina do not apprehend that their Title to any Land or Territory can depend on the assent of the State of Virginia. Boundary Lines, whend described by certain Degrees of Latitude, may be fixed by Mathematical Rules, and therefore cannot be the subject of speculative disputation, nor is it to be presumed that the State of Virginia should refuse her assent to a Mathematical truth for the unkind purpose of preserving or proppagating the seeds of discord. The General Assembly of the State of North Carolina have taken such measures on the late representation of the Assembly of Virginia as they think are dictated by humanity, Justice, the Tyes of good Neighborhood, such measures as they would expect and desire to receive from a sister State in like circumstances, tho’ they have some times desired them in vain; and they shall, on all occasions be ready to prove by such conduct that they are equally disposed to cultivate the affection of a Confederate State and to support their Charter Right to a certain described Tract of Land against any claimants whatever.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for concurrence an address to the Commonwealth of Virginia.

Mr. Bryan moved for leave and presented a Bill to explain and amend an Act passed this present Session intitled an Act to direct the sale of confiscated property, which was read the first time, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Resolve of your House dirrcting the Attorney General to prosecute Peter Mallett and George Meek for Treason, your Resolve

-------------------- page 175 --------------------
appointing John Walker, Commissioner, for the purpose therein mentioned, and the report of the Committee on Propositions and Grievances in favor of Mrs. Russell, relict of George Russell late of Rutherford County, deceased, we return you severally concurred with.

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve impowering Colonel Lockhart to purchase and procure Horses as therein mentioned, agreeable to the request of Major General Greene.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return the Resolve of your House impowering Colonel Lockhart to purchase Horses concurred with by this House.

Mr. Payne, from the Joint Committee, appointed to superintend the Ballotting for the several officers, reported that by a majority of the votes of both Houses of the General Assembly, Major General Richard Caswell was elected Comptroller.

John Macon, Commissioner of confiscated property for the District of Halifax.

William Moore for the District of Hillsborough.

William Righton for the District of Edenton.

Benjamin Shepperd for the District of New Berne.

Richard Bradley for the District of Wilmington.

Griffith Rutherford for the District of Salisbury.

James Johnston for the District of Morgan.

Charles McDowell, Brigadier General for the District of Morgan.

Spruce McKoy, Judge of the Court of Oyer and Terminer for the Counties of Washington and Sullivan.

Benjamin Exum, Treasurer, for the District of New Berne.

Timothy Bloodworth, for the District of Wilmington.

Robert Lanier for the District of Salisbury.

Green Hill for the District of Halifax.

William Skinner for the District of Edenton.

John Brown for the District of Morgan.

Memucan Hunt for the District of Hillsborough.

The House taking the said Report in Consideration concurred therewith.

The House adjourned till To-morrow Morning, 6 o’clock.

-------------------- page 176 --------------------


Saturday, 18th May, 1782.

The House met according to adjournment.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

The Report of the Committee on the accounts of Lewis Bryan and the Resolve of your House in consequence thereof, we return you concurred with by this House.

Mr. Speaker and Gentlemen:

The Report of the Committee on the accounts of John Haywood, Secretary of the late Board of War, we return you concurred with by this House.

Mr. Speaker and Gentlemen:

We send for concurrence the Report of the Joint Committee appointed to hear the excuses of paroled officers, &c., concurred with by this House.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Report of the Committee appointed to hear the excuses of paroled officers, &c., we return you concurred with.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The proposed address to the Assembly of Virginia this House approve of.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve in favor of Joseph Pittman, of Edgecombe County.

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve for procuring Cloathing for the purposes therein mentioned.

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve of this House in favour of

-------------------- page 177 --------------------
Brigadier General Sumner and Major Henry Dixon of the North Carolina Line.

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House appointing Thomas Davis Public Printer of this State.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Resolve in favour of Jo. Pittman, the Resolve for procuring Cloathing, the Resolve in favour of B. Genl. Sumner and the Resolve appointing a Public Printer we return you concurred with.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve of this House in favour of Col. Samuel Lockhart.

Mr. Speaker and Gentlemen:

We return the Resolves of your House in favour of the officers of the State Legion concurred with by this House.

Received from the Senate a Resolve impowering the Auditors to allow certain accounts therein alluded to.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Resolve respecting Col. Lockhart we return you concurred with; also the Resolve respecting the Auditors.

The business of the Session being ended, Resolved, that the Speaker do sign the Journal as the Acts ofthis House and the Clerk attest the same.

The House Adjourned till the first Monday in November next, then to meet at Hillsborough.

THOS. BENBURY, S. C.
By Order,
J. Hunt, C. H. C.


———

1 Now Washington County, Tennessee.—Editor.