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Colonial and State Records of North Carolina
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Minutes of the North Carolina House of Commons
North Carolina. General Assembly
November 19, 1785 - December 29, 1785
Volume 17, Pages 264-426

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HOUSE JOURNAL—1785.
HOUSE JOURNAL FROM NOVEMBER 19, 1785, TO DECEMBER 29, 1785.


State of North Carolina.

To the House of Commons:

At a General Assembly begun and held at Newbern on the nineteenth day of November in the year of our Lord one Thousand Seven hundred and Eighty-five, and in the Tenth year of the Independence of the said State. It being the first Session of this Assembly.

The Returning officers for the several and respective Counties, certified that the following persons were duly Elected as members of the General Assembly, to represent the Same in this House, viz.
For

Anson County—
Beaufort—John G. Blount and Henry Small.
Bertie—Andrew Oliver and Thomas Collins.
Brunswick—
Bladen—
Burke—Waightstill Avery and Joseph McDowell.
Craven—Richard D. Speight and Abner Neale.
Cumberland—Robert Rowan and David Smith.
Carteret—David Cooper and Eli West.
Currituck—Joseph Ferebee and James White.
Chowan—Hugh Williamson.
Camden—Enoch Sawyer and Selby Harney.
Caswell—Robert Dickens and Adams Sanders.
Chatham—Joseph Stewart and Roger Griffith.
Dobbs—Benjamin Coleman and William Sheppard.
Duplin—Robert Dickson and Joseph T. Rhodes.
Davidson—William Polk and Elijah Robertson.
Edgecomb—
Franklin—Denham Hall.
Guilford—John Hamilton and Barzillai Gardner.
Gates—Seth Riddick.
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Granville—Thomas Person and Phill Hawkins.
Greene—
Halifax—John Whitaker and John B. Ashe.
Hertford—James Manney and Robert Montgomery.
Hyde—John Eborne and Thomas Jordan, jun.
Johnston—
Jones—Abner Nash and John Isler.
Lincoln—John Sloan and Daniel McKissick.
Moore—
Martin—
Mecklinburg—
Montgomery—James McDonald and Charles Robertson.
Nash—John Bonds and Micajah Thomas.
Northampton—
Newhanover—
Onslow—
Orange—William Courtney and William Cain.
Pasquotank—Edward Everegin and Abraham Symons.
Perquimons—Robert Riddick and John Skinner.
Pitt—Richard Moye and John Jordan.
Rutherford—George Moore.
Rowan—
Randolph—
Richmond—
Surry—James Martin and William Lewis.
Sullivan—
Sampson—John Hay and David Dodd.
Tyrrel—Nehemiah Norman and Nathan Hooker.
Washington—
Wayne—John Handley and William Taylor.
Wake—James Hinton and William Hayes.
Wilkes—
Warren—Henry Montford and Wyatt Hawkins.
For the Town of Salisbury—
Hillsborough—John Taylor.
Halifax—
Edenton—Stephen Cabarrus.
Newbern—William Tisdale.
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Wilmington—

Pursuant to which the following members appeared, were ratified qualified by taking the oath by Law appointed for qualification of members of the General Assembly and took their seats, viz:

Mr. John G. Blount,
Abner Neale,
Henry Smaw,
David Smith,
Andrew Oliver,
David Cooper,
Thomas Collins,
Joseph Ferebee,
Waightstill Avery,
James White,
Hugh Williamson,
John Sloan,
Enoch Sawyer,
Daniel McKissick,
Selbey Harny,
James MacDonald,
Robert Dickens,
Richard D. Spaight,
Adams Sanders,
John Bonds,
Joseph Stewart,
Micajah Thomas,
Roger Griffith,
William Cain,
Benjamin Coleman,
Edward Everegin,
William Sheppard,
Robert Riddick,
William Polk,
John Skinner,
Elijah Robertson,
Charles Robertson,
Durham Hall,
Abraham Symons,
John Hamilton,
Richard Moye,
Seth Riddick,
John Jordan,
Thomas Person,
George Moore,
Phill Hawkins,
James Martin,
John B. Ashe,
David Dodd,
James Manney,
Nehemiah Norman,
Robert Montgomery,
John Handley,
John Eborne
James Hinton,
Thomas Jordan, Jr.,
William Hayes,
Hardy Bryan,
Henry Montfort,
Benjamin Williams,
Wyatt Hawkins,
Abner Nash,
John Taylor,
John Isler,
William Tisdale,
Stephen Cabarrus,
William Courtney.

Mr. Williamson proposed for Speaker, the Hon. Richard Dobbs Spaight Esquire, who was unanimously chosen, and conducted to the chair accordingly.

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On motion, John Hunt was appointed Clerk and John Haywood assistant.

On motion, Peter Gooding and James Malloy were appointed Doorkeepers.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Senate being now formed are ready to proceed on the public business.

Ordered that the following Message be sent to the Senate in answer to the above.

Mr. Speaker and Gentlemen:

We have received the message of your House acquainting us you are ready to proceed on the public business, in answer to which we inform you that we are formed, and also ready to proceed on the same buiness.

Resolved, That the following rules of decorum be observed during the sitting of the House, viz

1st. That no person shall pass between the Speaker and the person speaking.

2nd. That no Member shall be allowed to speak but in his place, and after rising and addressing himself to the Speaker, shall not proceed until permitted by the Speaker's calling him by name.

3rd. That no person shall stand up or disturb another while he is speaking.

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

5th. That no Member shall speak more than twice to one question upon any debate without leave, except in a Committee of the whole House.

6th. That the Speaker ought to be heard without interruption, and when he rises the Member up shall sit down.

7th. That no person shall be called on for any words of heat but on the day on which they were spoken.

8th. Whenever the members are equally divided, the Speaker shall determine the question, but not vote upon any other occasion.

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9th. That no member shall depart the service of the House without leave.

10th. That the House shall not proceed to debate on any motion unless the same is seconded, and immediately reduced to writing, provided any Member requires the same.

11th. When two or more Members are up together the Speaker shall determine who rose first.

12th. When two or more Members are up that in the course of debate the Members shall treat each other with decency and respect, and whoever violates any of the above rules shall receive such censure as the House shall direct.

13th. Whenever the House shall be devided on a question two tellers shall be appointed to number the Members on each side.

On motion of Mr. Williamson seconded by Mr. Pearson, Resolved, That a Committee be appointed to consider of and report the best and most expeditious mode by which the Laws and Journals may be printed; That for that purpose, Mr. Williamson, Mr. Nash, Mr. P. Hawkins, Mr. Thomas and Mr. Blount be a Committee on the part of this House.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We propose that the Message herewith sent you be presented to his Excellency the Governor; should it meet your approbation, Mr. Harritage and Mr. Harget will on the part of this House attend him with the same.

At the same time received the Message above referred to, which being read was agreed to, and Mr. Martin and Mr. Montfort appointed on the part of the House to wait on his Excellency with the same.

On motion resolved that Mr. Person, Mr. P. Hawkins, Mr. Blount, Mr. Hamilton, Mr. Courtney, Mr. Nash, Mr. B. Williams, Mr. J. Martin, Mr. McKissick, Mr. Cabarrus, and Mr. Polk, be a Committee of Privileges and elections.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House propose that a joint Committee be appointed to consider of, and report the best and most expeditious mode by which the Laws and Journals may be printed, and have for that purpose

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on their part appointed Mr. Williamson, Mr. Nash, Mr. P. Hawkins, Mr. Thomas and Mr. Blount.

On motion of Mr. Williamson, seconded by Mr. Person, Resolved, That before the House proceed to the choice of a Committee they determine of what number the Committee shall consist.

The house adjourned till Monday morning 10 o'clock.


Monday 21 November 1785.

The House met according to adjournment.

Mr. Archibald Maclaine, the Member for the Town of Wilmington, Mr. Jesse Franklin and William T. Lewis, the Members for Wilkes county, Mr. Aaron Hill, one of the Members for Randolph County, Mr. Etheldred Philips and Robert Diggs the Members for Edgecombe County, Mr. John Hay, one of the Members for Sampson County, Mr. James Bloodworth, one of the members for New Hanover County, Mr. Charles Pasteur, the Member for the Town of Halifax, Mr. Joseph McDowell, one of the Members for Burke County, Mr. Barzillai Gardner, one of the Members for Guilford County, Mr. John Whitaker, one of the Members for Halifax County, and Mr. Robert Dickson, one of the Members for Duplin County, appeared, were qualified and took their seats.

Mr. Williamson moved for leave and presented a Bill for Incorporating religious Societies, which was read the first time, passed and sent to the Senate.

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

Received from His Excellency, the Governor, the following address.

To the Honourable the General Assembly of the State of North Carolina:
Gentlemen:

I feel a sensible satisfaction in communicating to you, at the opening of the Session, the many important matters which have come to my hands since my entering upon the executive Department of the State, and as I do myself the Honor of laying before you the several ordinances, acts and Resolutions of the United States in Congress Assembles which have been transmitted to me by the direction of that Honourable body, with such communications and dispatches as I have received from the Delegates of this State and others which are

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proper for your consideration. It will be unnecessary for me to enter into a particular detail of them here, I therefore take the liberty of referring you to the papers in the order they stand numbered on the list herewith.

I cannot however omit requesting your particular attention to the several recommendations of Congress, the propriety and necessity of which I presume I need not urge as I flatter myself every Member of the Legislature will conceive it his duty to pay that respect to the Grand Fæderal Head of our Republican Empire, and give them that dispatch that their Importance require.

I have by the advice of the Council of State, appointed an agent to attend in behalf of this State, the Treaties to be held by the Commissioners appointed by Congress with the Cherokees and other Indians to the Southward of them, and draw on the Treasury for the sum required by the Commissioners, which I hope to be able to obtain so as to remit the same to them in time to save the credit of the State.

A Commissioner appointed by the Board of Treasury, upon the recommendation of the Delegates of this State in Congress to settle and adjust the accounts between the United States, and this State, is lately arrived, and in order to save to the Citizens of the State, the benefit of settling their claims with him, within the time mentioned in the Resolution of Congress, it is my intention to issue a Proclamation notifying his arrival and the time in which such Claims are to be delivered in, otherwise the Claimants will be precluded from an adjustment of the same.

You will observe by General Sevier's letter and other papers laid before you, the disposition of the people in the Counties of Washington, Sullivan and Greene, and that one of their complaints has been the withholding the goods purchased by the direction of the Legislature, to be given to the Cherokees as a Compensation for their claims to Land which this State has permitted to be entered by its Citizens. I thought it would not only be improper to appoint Commissioners to treat with the Indians at the place pointed out, on account of the disposition of the people, but because also the expense which might probably have attended it would have been more than the Legislature intended, and likewise that other consequences of a more disagreeable nature might have ensued. I therefore

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endeavoured to avail the State of the advantage of the Treaty directed to be held by Commissioners appointed by Congress with the Cherokees, and appointed Colonel William Blount the agent who was to attend the said Treaty in behalf of this State (and Colonel Joseph Martin) one of the Commissioners on the part of the United States for treating with the said Indians at the time and place the Treaty was to be held under the authority of Congress where I have directed the goods to be Transported, and distributed under the directions of the Commissioners so appointed; a report of their proceedings I expect to receive in the course of the Session, if I do, the same shall be laid before you.

The Copies of the Laws of the State required by Congress to be forwarded to Congress are not to be procured, indeed if they were to be had in the order they were published in sheets of different sizes they could not with propriety be bound together, and to be sent in such order would be disgraceful to the State; this together with the many complaints of the citizens of the State respecting the irregular manner in which some of the Laws are published and other, withheld from the public eye, induces me to press a Revisal of the Laws and a publication of such as are in force and use to be made as soon as practicable, and that the number of Copies required by Congress may be directed to be printed on good paper with a proper Tipe and neatly Bound.

The frequent Complaints of Congress respecting the non-attendance of the Members so far as relates to this State, are too well founded. This I presume is owing in a great measure to the deficiency of our Finances, which in my opinion might in this particular be remedied by the General Assembly's appointing a person who should be enabled to obtain Drafts on the Treasury to the amount of the sum necessary to support the Delegation, and whose business it should be to purchase and remit to the place where Congress shall be sitting to the amount of the sum required, where the Delegates might have a certainty of receiving their Salaries. This would I presume be some inducement to their entering on the duties of their appointment with more alacrity. As matters have been heretofore conducted the whole Labour with every loss on exportation of produce or purchasing coin or Bills has been on the Delegates, and often they have not been able to obtain even the paper

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Currency, which must of course have been discouraging; another reason for Gentlemen refusing to attend has been their not being consulted before their Election, and many circumstances respecting their private affairs have been so situated as not to admit of their attendance, this I hope also, in future will be remedied.

At present we are not likely to have more than a bare Representation in Congress, Mr. Blount and Mr. Bloodworth are the only Gentlemen who have signified to me they will attend. Mr. Speight has resigned, Mr. Sitgreaves having signified his acceptance of the appointment of one of the Judges of a Federal Court between Massachusetts and New York, to sit this month at Williamsburg in the State of Virginia, cannot attend Congress, Mr. Johnson cannot attend until the second Tour, and I have been informed by my predecessor in office that Mr. Azborn declines going on that business, so that it is absolutely necessary, in order to have a full representation in Congress, that you proceed as soon as possible to the Election of such Gentlemen as you shall think proper to supply the places of those who decline the service.

The Law passed last session “to ascertain the number of white and Black Inhabitants and the Citizens of every age and condition in the State” has not, I presume been attended to by the County Courts and Sheriffs, as not a single return has been made to me, perhaps this has been owing to the Laws not being printed and published in time, be as it may, I flatter myself the General Assembly on considering the resolutions of Congress on this head will think it necessary to proceed something further by explaining and amending that act, as it appears not altogether calculated to answer the views of Congress.

It appears by the letter from Thomas Clark, Esqr., that common Justice requires something further to be done respecting the demands Colonel Simmons has against this State and the officers of the late Continental Line of the same.

This with many other matters contained in the papers now laid before you, I have no doubt will, on mature deliberation, be determined upon according to Justice and right, and as wisdom and good policy shall point out.

Rd. CASWELL.

Newbern 21 Nov., 1785.
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A List of public papers to which His Excellency the Governor's address refers, vizt:

No.1. Mr. DeMarbois's note laid before Congress, December, 1784.

2. Resolutions of Congress respecting Mr. DeMarbois's note.

3. A Letter from Doctr. Williamson.

4. Letter from the Secretary of Congress.

5. Resolutions of Congress 15, 19 & 21 March, 1785.

6. Letter from Messrs. Spaight & Sitgreaves.

7. Resolutions of Congress 17 March, 1785.

8. Letter from the Secretary of Congress.

9. Letter from the Secretary for Foreign affairs.

10. State of Duties payable by American vessels at sundry ports.

11. Letter from the Secretary for Foreign affairs.

12. Copy of a letter from His Excellency John Adams, Esqr., to the President of Congress with Copies and translations of a note from Mr. de St. Saphorin to him, and of an extract of a Letter from the Count de Rosonerone on the subject of ordination.

13. Letter from the Secretary of Congress enclosing Resolutions of Congress of the 13 April, 1785, & 1 June, 1784.

14. Letter from Mr. De Marbois.

15. Letter from the Secretary of Congress.

16. Resolutions of Congress for laying out new States.

17. Ordinance for ascertaining the mode of disposing of Lands.

18. Resolution of Congress recommending a repeal of the Act for repealing the Cession act.

19. Ordinance for regulating the office of Secretary of Congress.

20. Appointment of Surveyors of Lands in the Western Territories by Congress.

21. A Letter from the Secretary of Congress.

22. Resolve of Congress containing directions to the paymaster General.

23. Resolutions of Congress recommending the Legislature to examine the services of the Agents of the Continental Loan Office and make them allowances.

24. Letter from the Secretary of Congress.

25. Act of Congress for the relief of the Officers, Soldiers and Sea-,men disabled during the late war.

26. Letter from the Secretary for Foreign affairs announcing the Birth of a Prince of France.

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27. Letter from the Commissioners to Treat with the Southern Indians.

28. Letter from General Sevier.

29. Letter from the Honbl. Richard D. Spaight.

30. Memorial of the Inhabitants of the Counties of Washington, Sullivan and Greene to Congress.

31. Report of a Committee of Congress and Resolutions respecting the Cession Act and the Act for repealing the same.

32. Mr. Marbois's note to Mr. Spaight respecting Debt due to Martinique.

33. Letter from Mr. Petry on the same subject.

34. Letter from the Honbl. Wm. Blount as Delegate.

35. Letter from the same as Agent.

36. Letter from Messrs. I. Gray & Thos. Blount.

37. Letter from the Secretary for Foreign affairs.

40. Congress's recognition of Consul from France.

41. Resignation of Richard D. Spaight, Esqr.

42. Letter from Mr. De Marbois.

43. Letter from Mr. Petry, French Consul.

44. Letter from the Secretary of Congress.

45. Resolution of Congress requiring thirteen Copies of Laws.

46. Letter from the Secretary of Congress.

47. &.

48. Resolutions of Congress respecting the representation of the States.

49. Abstract of the attendance of the States in Congress.

50. Letter from the Secretary of Congress.

51. Sundry Letters between Capt. Stanhope and Governor Bowdoin and Report thereon by the Secretary for Foreign affairs.

52. Letter from Governor Bowdoin.

53. Rosolutions of the Legislature of Massachusetts.

54. Resolutions of the same.

55. Act for the regulation of the Navigation and commerce of Massachusetts.

56. Letter from Benjamin Hawkins, Esqr.

57. Letter from the Secretary of Congress.

58. Resolutions of Congress on the Representation of the States.

59. Letter from the Secretary of Congress.

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60. Resolution of Congress 20 February, 1782.

61. &.

62. Resolutions of Congress 17 Feby., 1783, & 18 Apr., 1783.

63. Letter from the Secretary of Congress.

64. Representation in Congress August, 1785.

65. Letter from the Secretary for Foreign affairs.

66. Congress's recognition of Consul from the United Netherlands.

67. Letter from Thos. Clarke, Esqr.

68. Letter from Mr. Petry.

69. Letter from Robert Fenner, Esqr.

70. Letter from Charles Johnston, Esqr.

71. Letter from Timothy Bloodworth, Esqr.

72. Letter from the Secretary of Congress enclosing an act of Congress (repecting the Transmitting the Laws of the State) passed 30 April, 1784.

73. Letter from the Secretary of Congress.

74. Requisition of Congress for 1785.

75. Resolve of Congress respecting the Commissioners of the Continental Loan office.

76. Letter from James Hindman, Esqr.

77. Letter from Ebenezer Jackson, Esqr.

79. Letter from the Honbl. John Sevier.

80. Letter from Joseph Martin, Superintendent of Indian affairs.

81. Cherokee Talk from the old Tassell.

82. Copy of a Letter from McDonald to Martin.

83. Journals of Congress from first Monday in November, 1784, to 25th August, 1785.

Council Journal.

Copies of the Governor's Letters, in which are many of the foregoing.

A File of papers received from my predecessor in office, Governor Martin.

RD. CASWELL.

21 November, 1785.

At the same time received the Letters papers &c., contained in the

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foregoing list, and to which his Excellency, the Governor's Message refers, which being read.

On a motion made by Mr. Phil Hawkins, seconded by Mr. Williamson, Resolved, that a Committee of nine Members on the part of this House to act jointly with a Committee to be named by the Senate, be appointed to take under consideration the said address together with the papers therein referred to, and make report thereon. The members chosen are, Mr. Williamson, Mr. Nash, Mr. Blount, Mr. Avery, Mr. Maclaine, Mr. P. Hawkins, Mr. Person, Mr. Hay and Mr. Ashe.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

You will herewith receive an address from his Excellency the Governor to the General Assembly, together with the Letters, papers, &c., therein referred to, which we propose referring to a joint Committee and have for that purpose on our part appointed Mr. Williamson, Mr. Nash, Mr. Blount, Mr. Avery, Mr. Maclaine, Mr. P. Hawkins, Mr. Person, Mr. Hay and Mr. Ashe.

Received from the Senate a Bill for incorporating religious societies.

Endorsed in Senate 21 November, 1785, read the first time and passed.

Received also the following Message:

Mr. Speaker and Gentlemen:

General Skinner, Mr. Campbell and Mr. Gillespie, will on the part of this House, act with the Gentlemen by you appointed to consider of and report the best mode by which the Laws and Journals may be printed.

The House adjourned til To-morrow Morning, 10 O'Clock.


Tuesday, 22 November, 1785.

The House met according to adjournment.

Mr. Eli West, one of the members for Carteret County, Mr. Edward Smithwick and Mr. Samuel Williams, the members for Martin County, and Mr. Howell Edmunds and Mr. Augustin Wood, the

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members for Northampton County, appeared, were qualified and took their seats.

Mr. John Carroll, one of the members for Moore County, appeared, was qualified and took his seat.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

We propose that a Committee of Claims be appointed, consisting of members from each District in the State, and have on our part for that purpose appointed Mr. Harget, from the District of Newbern, Mr. Macon, from the District of Halifax, General Ramsey, from the District of Hillsborough, Mr. Armstrong, from the District of Salisbury, General Gregory, from the District of Edenton, Mr. Clinton, from the District of Wilmington and also General McDowall from the District of Morgan, who will act jointly with such of your Body as may be appointed for that purpose.

Mr. Speaker and Gentlemen:

The Senate have appointed Mr. Macon, Mr. Gillispie, General Skinner, Mr. Battle and Mr. Clinton on their part a Committee of Propositions and Grievances, who will act jointly with such Gentlemen as you think proper to appoint for that purpose.

The foregoing Messages being read, a motion was made by Mr. Blount, seconded by Mr. Franklin, that this House appoint a Committee of Claims, and a Committee of Propositions and Grievances, to-wit, For the District of

Newbern—Mr. Neale and Mr. Henry Bryan.
Hillsborough—Mr. Courtney and Mr. Dickens.
Salisbury—Mr. Martin and Mr. Hamilton.
Edenton—Mr. Williamson and Mr. Cabarrus.
Wilmington—Mr. Hay and Mr. Bloodworth.
Morgan—Mr. Avery and Mr. Franklin.
Halifax—Mr. Whitaker and Mr. Wyatt Hawkins,—as the Committee of Claims.
For the District of Salisbury—Mr. McDowal.
Morgan—Mr. Moore.
Hillsborough—Mr. P. Hawkins.
Halifax—Mr. Ashe.
Edenton—Mr. Montgomery.
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Newbern—Mr. Smaw.
Wilmington-Mr. Dodd, as the Committee of Propositions and Grievances.

Ordered that the following Messages be sent to the Senate:

Mr. Speaker and Gentlemen:

This House have nominated as a Committee of Claims on their part, Mr. Neale, Mr. Henry Bryan, Mr. Courtney, Mr. Dickens, Mr. Martin, Mr. Hamilton, Mr. Williamson, Mr. Cabarrus, Mr. Hay, Mr. Bloodworth, Mr. Avery, Mr. Franklin, Mr. Whitaker and Mr. Wyatt Hawkins.

Mr. Speaker and Gentlemen:

This House have nominated as a Committee of Propositions and Grievances on their part, Mr. McDowall, Mr. Moore, Mr. P. Hawkins, Mr. Ashe, Mr. Montgomery, Mr. Smaw and Mr. Dodd.

Received from the Senate the Memorial of John Allison, the Deposition of Edwin Harris, also the Deposition of John Bartholomew, respectively endorsed, In Senate 21 November, 1785, read and referred to the Committee of Propositions and Grievances, which being read, a Motion was made by Mr. Blount, seconded by Mr. Franklin, that the same be referred to the Committee of Propositions and Grievances on the part of this House. Ordered that they be referred accordingly.

Mr. Hall presented a record of the trial of a Negro, the property of Benjamin Hicks, which was executed at Montgomery Court House, which being read a motion was made by Mr. Hall, seconded by Mr. Ashe, that the same be referred to the Committee of Claims. Ordered that it be referred accordingly.

Mr. Cabarrus moved for leave and presented a record of the trial of Negro Cezar, the property of Cullin Pollock, Esqr., which being read, a motion was made by Mr. Cabarrus, seconded by Mr. Blount, that the same be referred to the Committee of Claims. Ordered that the same be referred accordingly.

Mr. Montfort presented a record of the trial of a Negro, late the property of John Jones, which was executed, the same being read, a motion was made by Mr. Montfort, seconded by Mr. Cabarrus, that the same be referred to the Committee of Claims, which was referred accordingly.

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Mr. Williamson presented a Memorial from sundry of the Inhabitants of the Town of Edenton, praying, &c., which being read.

Mr. Cabarrus moved for leave and presented a Bill impowering the Commissioners of the Town of Edenton to convey part of the Town common to the Trustees of Smith's Academy, which was read the first time, passed and sent to the Senate.

Mr. Hamilton presented a record of the trial of a Negro, the property of Samuel Scott, which was executed for Murder which being read was referred to the Committee of Claims.

Mr. John Bonds presented the discharges of Sion Young and John Lakes from the service of the late State Regiment, which being read was referred to the Committee of Claims.

Mr. Blount moved for leave to bring in a Bill declaring the Lots in the town of Washington saved Lots, also such Lots in the several Towns of this State as have been or may be sold by the Commissioners of Confiscated property. Ordered that he have leave accordingly.

A motion was made by Mr. Blount, seconded by Mr. Skinner that a Committee of five members of this House be appointed to examine and report the evidence which Mr. Blount may address to them relative to the Inhabitants of the Town of Washington, having paid the full value of sundry Lots therein to the proprietors of said Town. The members chosen are Mr. Neale, Mr. Taylor, Mr. Ashe, Mr. Williamson and Mr. Polk.

Mr. Nash presented the Petition of Martin & Company, Printers in the Town of Newbern, which being read.

A motion was made by Mr. Nash, seconded by Mr. Cabarrus, that the said Petition be referred to the Committee appointed to consider and report the best and most expeditious mode by which the Laws and Journals may be printed. Ordered that it be referred accordingly.

On motion of Mr. Hay, seconded by Mr. Cabarrus, Resolved, that the Comptroller General be directed to lay before the House a statement of the accounts of this State with the Continent as far as has come to his knowledge.

That the Treasurer be directed to lay before this House a statement of the Accounts of his office since his appointment, stating the proceeds of the several taxes and duties imposed by Law.

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On motion of Mr. Person, seconded by Mr. Hay, Resolved, that all claims for Militia services and articles furnished and services rendered not heretofore allowed by any of the late several Boards of Auditors, authorized to examine the same be referred to the Committee of Claims appointed by both Houses, and that they report thereon from time to time as they shall think proper during the sitting of the present General Assembly.

Mr. Williamson moved for leave and presented a Bill for securing Literary property, which was read the first time, passed and sent to the Senate.

On Motion of Mr. Blount, seconded by Mr. Cabarrus, Resolved, that a Committee of five Members of the House, with such as may be nominated by the Senate be appointed to examine the proeeedings of the late Commissioners for settling affairs and Soldiers accounts. The Members chosen are Mr. Person, Mr. Dickens, Mr. P. Hawkins, Mr. Blount and Mr. Skinner.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

The House propose that a joint Committee be appointed to examine the proceedings of the late Commissioners for settling Officers and Soldier's accounts, and have for that purpose on their part appointed Mr. Person, Mr. Dickens, Mr. P. Hawkins, Mr. Blount and Mr. Skinner.

On motion of Mr. Avery, seconded by Mr. Polk, Resolved, that a Committee of six Members of this House with such as may be nominated by the Senate be appointed a Committee to examine the Model of a Boat invented by Doctor McClure, which is represented to be calculated to improve the Navigation of this State and make report thereof.

The members chosen for this purpose are Mr. Avery, Mr. Williamson, Mr. Phillips, Mr. Polk, Mr. Martin and Mr. Jordan.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We have appointed Mr. Polk, Mr. Avery, Mr. Philips, Mr. Martin, and Mr. Jordan, a Committee who will act with such Gentlemen

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as may be appointed by the Senate to examine the Model of a Boat invented by Doctor McClure, which is represented to be calculated to improve the inland Navigation of this State, and make report thereof.

The House adjourned till 4 O'Clock.

Met according to adjournment.

Mr. Jacob Leonard, one of the Members for Brunswick County, Mr. Matthew Lock and Mr. George H. Berger, the Members for Rowan County, and Mr. William T. Lewis, one of the Members for Surry County, appeared, were qualified and took their Seats.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

It is likewise the sense of this House that the Message from His Excellency, the Governor to the General Assembly, together with the papers accompanying it should be committed. We have for this purpose appointed on our part General Skinner, Mr. Bledsoe, Mr. Brown, Mr. McCullock, Mr. Coor, Mr. Herndon and Mr. Macon, who will act jointly with the Gentlemen named in your Message on this head.

Received also the Resolutions of this House, the one directing the Comptroller and Treasurer, to lay before the General Assembly the statements therein mentioned, the other referring the unliquidated claims to the Committee of Claims, each endorsed in the Senate 22 Nov., 1785, read and concurred with.

Mr. Joseph Robins, one of the Members for Randolph County, appeared, was qualified and took his seat.

Ordered that Mr. Hay be excused from attending on the Committee of Claims on account of his being appointed on several other Committees, and that Mr. Rowan be appointed in his stead one of the Committee of Claims.

The House adjourned til To-morrow Morning 10 O'clock.


Wednesday, 23 November, 1785.

The House met according to adjournment.

Mr. Thomas Sherrod, one of the Members for Franklin County appeared, was qualified, and took his seat.

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Mr. William Taylor, one of the Members for Wayne County, Mr. Caleb Phifer and Mr. George Alexander, the Members for Mecklenburg County, appeared, were qualified, and took their seats.

Received from the Senate the discharges of John Lukes and Sion Young, the records of the trials of sundry negroes which have been executed, and which were referred by this House yesterday, respectively, endorsed in Senate 22 November, 1785, read and referred as by the Commons.

On motion of Mr. Blount, seconded by Mr. Hay, Resolved, that the consideration of a more expeditious and substantial administration of the Laws and Equity of the State be submitted to the Committee to which the Governor's Message and public papers have been referred.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

We propose that the consideration of a more expeditious and substantial Administration of the Laws and Equity of the State be submitted to the Committee to which the Governor's Message and public papers have been referred.

Received from the Senate the following Messages, vizt:

Mr. Speaker and Gentlemen:

We propose that the Rules adopted by the last General Assembly for the reading and engrossing Bills, be adhered to and observed during the present Session.

Mr. Speaker and Gentlemen:

Mr. Harget, Mr. Gillispie and Mr. Brown will act with the Gentlemen by you appointed to examine the proceedings of the late Commissioners for settling the accounts of the Officers and Soldiers of the Continental Line of this State.

Mr. Speaker and Gentlemen:

Mr. Easton, Mr. Lewis, Mr. Jones and Mr. Skinner, will on the part of this House act with the Gentlemen by you chosen to examine the Model of a Boat invented by Doctr. McClure, and make report.

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Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

We agree that the rules adopted by the last Assembly for the reading and Engrossing Bills be adheared to during the present Session.

Mr. Phill Hawkins presented the Petition of Messrs. Arnett and Hodge, Printers in Town of Newbewn, which being read, on Motion of Mr. Hawkins, seconded by Mr. Bonds, was referred to the Committee appointed to consider of and report the best and most expeditious mode by which the Laws and Journals may be printed.

Mr. Maclaine presented the acct. of John Devane for services as Lieutenant at Fort Johnston, which being read was referred to the Committee of Claims.

Received from the Senate the Petition of Robert Harris, Esquire, of Granville County, endorsed, In Senate 22 November, 1785, read and referred to the Committee of Propositions and Grievances, which being read was referred on the part of this House to the said Committee.

Ordered that Mr. Lock be added to the Committee appointed to take under consideration His Excellency, the Governor's Message, and the papers, &c., accompanying the same.

The House adjourned til Tomorrow Morning 10 O'Clock.


Tuesday, 24 November, 1785.

The House met according to adjournment.

Mr. Franklin presented the resignations of Elijah Isaacs and John Barton, Esquires, as Justices for Wilkes County, which were read and sent to the Senate.

Mr. Polk presented the Petition of James Knox and David Wilson, which being read was referred to the Committee of Claims.

Mr. Aaron Hill presented the Memorial of Ann Field, which being read was referred to the Committee of Propositions and Grievances.

Mr. Aaron Hill presented the Petition of Margaret Balfour, which being read was referred to the Committee of Propositions and Grievances.

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Mr. Williamson presented the Petition of John Brady, Robert Dunlap and William Dunlap, which being read, a motion was made by Mr. Williamson, seconded by Mr. Skinner, that a special Committee of five members of the House, with such of the Senate as may be appointed, be a Committee to examine into the facts, &c., and make report thereon. The members appointed for this purpose are Mr. Maclaine, Mr. Williamson, Mr. Person, Mr. Hay and Mr. Blount.

Received from the Senate the Petition of Ann Field; the Petition, &c., of Reuben Searcy; the Petition of Major Croom; the Memorial of William Field, respectively endorsed in Senate, read and referred to the Committee of Propositions and Grievances.

The said Petitions being read were referred on the part of this House to the said Committee.

Mr. Dickens presented the Petition of Mrs. Martha Dixon, widow of Lieut. Colonel Henry Dixon, which being read was referred to the Committee appointed to take under consideration the Message from His Excellency, the Governor, &c. Mr. Avery presented the acct. of Doctor Hugh Boyd. Ordered that the same be referred to the Committee of Claims.

Mr. Person presented the Petition of Ambrose Ramsey, Esquire, which being read was referred to the Committee of propositions and Grievances.

Mr. Person presented the Petition of William Jones, and the Memoral of George Lain Moore, which being read, a motion was made by Mr. Person, seconded by Mr. Hawkins, that the said Petition and Memorial be referred to a Special Committee composed of Members from both houses; The Members chosen by the House are Mr. Williamson, Mr. Person, Mr. P. Hawkins, Mr. Maclaine and Mr. Hay.

Mr. Reuben Grant, one of the Members for Onslow County, appeared was qualified and took his seat.

Mr. Neale presented the petition of James Jasper, which being read was referred to the Committee of Privileges and Elections.

Received from the Senate the Bill impowering the Commissioners of the town of Edenton to convey part of the Town Common to the Trustees of Smith's Academy, endorsed in Senate 22 Nov., 1785, read the first time and passed, also the Bill to secure literary property, endorsed In Senate 22 Novr., 1785, read the first time and passed.

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The House adjourned till To-morrow Morning 10 O'clock.


Friday, 25 November, 1785.

The House met according to Adjournment.

Mr. James Richardson, one of the members for Bladen County, appeared, was qualified and took his seat.

Ordered on motion of Mr. Bonds, that Mr. Hanley have leave of absence till Tuesday next.

Mr. Hamilton presented a petition from the inhabitants of Guilford County praying a division thereof, at the same time he moved for leave and presented a Bill for dividing the County of Guilford which was read for the first time and passed, and sent to the Senate.

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

Mr. Stewart moved for leave and presented a Bill for establishing a Town on the Lands of Mial Scurlock, deceased, in Chatham County, which was read for the first time, passed and sent to the Senate.

Mr. Bonds presented the petition of a number of the inhabitants of Bladen County, praying a division thereof, which being read. Mr. Bonds 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. Montfort presented the Petition of Abraham Barnes and John Willis of Bladen County, complaining of an undue Election of Members to represent the said County in this House, praying relief, &c.

Ordered that the same be referred to the Committee of privileges and elections.

On motion of Mr. Williamson, seconded by Mr. Hay, Resolved, that the two following Bills be read for the second reading in this House, Viz: a Bill for securing literary property, a bill for incorporating religious Societies.

Ordered that Mr. Polk and Mr. Starkey be added to the Committee appointed on His Excellency, the Governor's message.

Received from the Senate the Petition of Margaret Balfour.

The Petition of John Brady, Robert Dunlap and William Dunlap.

The Memorial of Ann Field.

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The Petition of James Knox and David Wilson.

The Petition of Messrs. Arnett and Hodge and the acct. of John Devane as Lieut. &c., respectively endorsed in Senate, read and referred, as by the Commons; received also the resignations of Elijah Isaacs and John Barton as Justices.

Received from the Senate the following message.

Mr. Speaker and Gentlemen:

We agree that the consideration of a more expeditious and substantial administration of the Laws and Equity of the State be submitted to the Committee to which the Governor's Message and public papers have been referred.

Received also the resignation of John Bell as Justice of Peace, endorsed. In Senate 24 Novr., 1785, read and accepted.

The said resignation being read was accepted by this House.

And received also the representation of Henry E. Lutterloch, which being read, on motion of Mr. Lewis, seconded by Mr. Cabarrus, was ordered to lie on the Table for the perusal of the Members.

Received from the Senate the Petition of James Hogg, Esq., endorsed read and referred to the Committee appointed to consider of the Petition of John Brady, Robert Dunlap and William Dunlap, which being read was referred on the part of this House to the said Committee.

Received from the Senate the record of the Trial of a Negro the property of Thomas Garrett. Endorsed in Senate 24 Novr. 1785 read and referred to the Committee of Claims.

The said record being read was referred as by the Senate.

The House adjourned till Monday morning, 10 O'clock.


Monday 28 November, 1785.

The House met according to adjournment.

Mr. Edmunds presented the petition of the Board of Wardens of the poor of Northampton County, praying &c., which being read, Mr. Edmunds, moved for leave and presented a Bill to impower the Wardens of the poor of Northampton County to build a House or Houses in the said county for the reception of the poor and other purposes, which was read the first time passed and sent to the Senate.

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Mr. Williamson presented the Memorial of Benjamin Jones, Entrytaker, &c., which being read,

Ordered that the same be referred to a Joint Committee of both Houses, that for this purpose, five members be appointed on the part of this House. The Members appointed are Mr. Starkey, Mr. Williamson, Mr. Person, Mr. Ashe and Mr. Ferebee.

Mr. Avery presented the Petition of James Britain which being read was referred to the Committee of propositions and Grievances.

Received from the Senate the Petition of William Jones and the Memorial of George Laine Moore. Endorsed in Senate 25 November, 1785, read and referred on the part of this House to General Rutherford, Mr. Lewis, and Mr. Hill.

Received also the petition of Mrs. Martha Dixon, Widow, &c., and the Petition of Ambrose Ramsey, Esqr. Endorsed in Senate 25 Novr., 1785, read and referred as by the House of Commons.

Mr. Polk moved for leave and presented a bill granting further indulgence to Surveyors for surveying Lands, which was read the first time, passed and sent to the Senate.

Received from the Senate the resignation of William Kirkpatrick as a Justice of the Peace for Bladen County, endorsed, In Senate, 24 November, 1785, read and accepted, the same being read was accepted by this House.

Mr. P. Hawkins presented the Petition of sundry of the Inhabitants of Martin and Halifax Counties praying, &c., which being read, Mr. Hawkins moved for leave and presented a Bill for Erecting a Town on the Lands of Whitmill Hill in Martin County, which was read the first time and sent to the Senate.

Mr. Person presented the Petition of Jacob Richards praying, &c., which being read, was referred to the Committee appointed on the Memorial of Benjamin Jones.

Mr. Person presented the Petition of John Walker praying, &c., which being read was referred to the Committee of propositions and Grievances.

Mr. Person presented the Petition of William Linton praying, &c., which being read was referred to the Committee appointed on the Memorial of Benjamin Jones.

Mr. Person presented one other Petition from John Walker praying, &c., which being read was referred to the Committee of Claims.

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Mr. McDowall presented the Petition of James Taylor White and others of Burke County praying, &c., which being read was referred to a joint Committee. The Members chosen on the part of this House for that purpose are Mr. P. Hawkins, Mr. Williamson, Mr. Phillips, Mr. Grant & Mr. Bonds.

Received from the Senate the following Messages:

Mr. Speaker & Gentlemen:

The Senate have added General Rutherford to the Committee to whom were referred the Message from His Excellency the Governor and the public papers accompanying it.

Mr. Speaker & Gentlemen:

It is the opinion of this House that the acct. of Doctor Hugh Boyd by you referred to the Committee of Propositions and Grievances properly comes before the Committee of Claims, We therefore propose that the adjustment thereof be referred to the Committee last mentioned.

Ordered that the follwing message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree that the acct. of Doctor Hugh Boyd be referred to the Committee of Claims as by you proposed.

Received from the Senate a Bill for the dividing of the County of Guilford and a Bill for establishing a Town on the Lands of Mial Scurlock, decd., in Chatham County, endorsed, In Senate, 25 November, 1785, read the first time and passed.

Received from His Excellency the Governor the following Message:

To the Honorable the General Assembly:
Gentlemen:

Sundry dispatches from the United States in Congress assembled and other papers of a public nature have been received by me since my former Message, and I now do myself the Honor of laying them before you for your information and consideration, vizt:

No. 83. Letter from the Secretary of Congress of the 15th of October, 1785.

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84. Resolves of Congress calling upon the States to compleat their quotas of requisitions of 1782 & 1784.

85. Resolutions of Congress and requisitions for 1782. 4 & 10 September, 1782.

86. Resolutions of Congress respecting their requisitions of 1784, April 27 & 28, 1784.

87. Letter from the Board of Treasury 10 October, 1785, requisition of Congress for 1785, State of North Carolina, their quota of 800,000 Dollars required by act of Congress of 30 October, 1781.

89. North Carolina their quota of 1,200,000 Dollars required by act of Congress of the 4 September, 1782.

90. North Carolina, their quota of 2,000,000 Dollars required by Congress by act October, 1782.

91. North Carolina their quota of 3,000,000 Dollars required by act of Congress 27 September, 1785.

92. North Carolina, amounts due on the acts of Congress of the 27th April, 1784, and September, 1785.

93. Letter from the Secretary for Foreign Affairs 14 October, 1785.

94. Copy of a letter from the Chevr. Paul Jones to the Secretary of Foreign affairs.

95. Letter from the Board of Treasury 25 October, 1785, resolutions of Congress October 12, 1785, and September 4, 1782. Resolutions of Congress April 27 & 28, 1784.

96. Letter from the Secretary of Congress 25 Oct., 1785.

97. State of representation in Congress Sept. 1785.

98. Letter from the Secretary of Congress 7 Nov., 1785.

99. Representation in Congress October, 1785.

100. Journal of Congress from 26 August to 4th November, 1785, inclusive.

I also lay before the Laws of Connecticut, which were transmitted by that State for the use of the Legislature. I have likewise taken the Liberty of sending you an extract of a resolution of Congress of the 20th of February, 1782, recommending to the Legislature of the respective States to Grant to the Commissioners appointed to adjust and settle the accounts between the United States and each particular State certain powers therein mentioned.

The Commissioner appointed for this State is now here, and will

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shortly enter upon that business. I must therefore request you will take this matter into consideration, and if you shall judge such a Law necessary you will be pleased to pass the same without loss of time, so as to prevent any delay in the business.

I also lay before you a Letter from the Governor of Rhode Island, and a Letter from General Greene recommending the case of John Freebody, who informs me he intends to lay a Petition before the Legislature, in which the same will be fully stated. These Letters are intended to show Mr. Freebody's character, and what the State of Rhode Island has done for him.

RD. CASWELL.

Newbern, 25 November, 1785.

Ordered that the papers referred to in the foregoing Message, &c., be referred to the Committee to whom the public papers, &c., were referred.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We herewith send you a Message this day received from His Excellency the Governor, together with the papers therein referred to, which we propose referring to the Committee appointed to consider the public dispatches, &c.

Mr. Clement Hall, one of the Members for Chowan County, appeared, was qualified and took his seat.

The Bill for securing literary property was read the second time amended, passed and sent to the Senate.

Mr. Person presented the Petition of George Laine Moore and others, praying, &c., which being read, was referred to the Committee to whom his other Petition was referred. Mr. James Terry, one of the members for Anson County, appeared, was qualified and took his seat.

On motion of Mr. P. Hawkins, seconded by Resolved, that five Members from this House be added to the Committee of Propositions and Grievances. The Members added are Mr. D. Hall, Mr. Edmunds, Mr. Hinton, Mr. Hayes and Mr. Oliver.

Mr. Cabarrus presented the Petition of Abraham Markoe, which eing read was referred to the Committee of Propositions and Grievances.

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Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

This House have added to the Committee of Propositions and Grievances, Mr. D. Hall, Mr. Edmunds, Mr. Hinton, Mr. Hayes and Mr. Oliver.

Received from the Senate the following Bills, vizt: a Bill erecting a Town on the Lands of Whitmill Hill in Martin County.

A Bill for granting further indulgence to Surveyors for surveying Lands.

A Bill to alter the place of holding the annual Elections for Members of the General Assembly, in and for the County of New Hanover respectively endorsed, In Senate 28 November, 1785, read the first time and passed.

On motion of Mr. Williamson, seconded by Mr. Cabarrus, Resolved that the Bill impowering the Commissioners of the Town of Edenton to convey part of the Town Common to the Trustees of Smith's Academy, be read Tomorrow, for the second reading in this House.

Received from the Senate the Memorial of Andrew Boss, endorsed, In Senate, 28 Novr., 1785, read and referred to a select Committee, the Members chosen on the part of this House, are Mr. McCulloch, Mr. Lewis, Mr. Skinner, and Mr. Clinton.

The said Memorial being read, was referred on the part of this House to Mr. Phifer, Mr. Oliver, Mr. Pasteur, Mr. Dodd and Mr. Williamson.

Received from the Senate a Bill for vesting certain Lands and other Estate in Randolph in Anne Fields, wife of William Fields, and the Heirs of said William and Anne Fields in fee Simple endorsed, In Senate, 28 November, 1785, read the first time and passed.

Received from the Senate, the Petition of John Walker.

The Petition of James Britain.

The Petition of Jacob Richards and the Petition of William Linton, respectively endorsed, In Senate 28 November, 1785, read and referred as by the Commons.

Received from the Senate the Memorial of Benjamin Jones, endorsed, in Senate, read and referred to General Rutherford, Mr. McCullock and Mr. Coor.

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Received also the following Message:

Mr. Speaker & Gentlemen:

We agree that the Message and papers from His Excellency the Governor this day laid before the General Assembly be referred to the Committee, to whom were referred his other Message and the public dispatches accompanying it.

Received likewise a Resolution of the Senate for allowing Robert Hightower fourteen pounds three shillings and nine pence, which being read was concurred with.

Received from the Senate the report of the Committee of Propositions and Grievances on the Petition of Margaret Balfour concurred with by that House.

A motion being made and seconded that the said Report be concurred with by this House, was objected to. The question being put, was carried in the affirmative, whereupon the yeas and Nays were required by Mr. Blount.

On Motion of Mr. Blount, seconded by Mr. Oliver, Ordered that the Petition of Margaret Balfour, and the report thereon be entered on the Journal previous to the Yeas and Nays.


Randolph County,
State of North Carolina,
September 20th, 1785.

To the Honourable General Assembly of said State to be held at Newbern on the seventh Day of November, 1785.

The Petition of Margaret Balfour humbly sheweth, That her Brother Colo. Andrew Balfour, (to whose Estate she Administered) attended for a long time in the Assembly at Wake, for which service he received a certificate, which certificate was plundered by the Tories among their other papers at the same time that they murdered him.

Now Your Petitioner humbly prayeth that your Honors would cause a new certificate to be given her as her Brother's Administrator, and the prosperity of the State shall ever be the constant prayer of your Honours

Most obedient servant,
MARGARET BALFOUR.

Randolph County, State of North Carolina.

Personally appeared before me the above named Margaret Balfour,

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and made oath that the certificate for her Brother's service in the Assembly at Wake, was lost, and that he never received any thing for said service.

MARGARET BALFOUR.

Subscribed before me this 5 Day of November, 1785.

AARON HILL, J. P.

Your Committee to whom was referred the Petition of Margaret Balfour, Administratrix of Andrew Balfour, decd., Decr. Report.

That after considering the premises, are of opinion that she be allowed a sum equal to what was contained in the Former certificate agreeable to the Scale of Depreciation, all which is submitted.

JAMES GILLESPIE, Ch.

On the question does the House concur with this report, the Yeas and Nays are as follows, vizt:

Yeas—Messrs. Collins, Avery, Sawyer, Dickens, White, Sanders, Coleman, Stewart, Griffith, E. Robinson, D. Hall, Person, Ashe, Hamilton, S. Riddick, McKissick, Isler, Sloan, Symons, Cain, J. Taylor, W. Hawkins, Hayes, Martin, Williams, Bryan, C. Roberson, R. Riddick, Hinton, Dodd, Moore, Tisdale, Franklin Lewis, Hill, McDowall, Whitaker, Hay, Bloodworth, Phillips, Diggs, Courtney, Gardner, Rowan, Smithwick, Carroll, Lock, Berger, Lewis, Junr., Sherrod, Phifer, Alexander, Richardson, C. Hall & Terry.

Nays—Messrs. Blount, Smaw, Oliver, Williamson, Harney, Rhodes, Montgomery, Manney, Cabarrus, Tho. Jordan, McDowall, Thomas & S. Williams.

Mr. Person from the Committee of Privileges and Elections delivered in a Report on the Petition of James Jasper, which being read the consideration thereof was postponed until Tomorrow.

Ordered that Mr. Smith have leave to absent himself from the service of this house for a few days.

The House adjourned til Tomorrow Morning 10 O'Clock.


Tuesday, 29 November, 1785.

The House met according to adjournment. Received from Senate the Following Message:

Mr. Speaker & Gentlemen:

The Senate have addded to the Committee of Propositions and

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Grievances, Mr. Spicer, Mr. Hill and Mr. Lewis, and propose that these Gentlemen in conjunction with those this day appointed on the part of the House of Commons compose a second Committee of Propositions and Grievances.

Ordered that the following message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have received your Message proposing a second Committee of Propositions and Grievances, with which we do not concur, from a supposition that the business which properly comes before such Committee can be timely compleated by that already appointed.

Mr. Phifer presented the representation of Hezekiah Alexander, which being read, was referred to the Committee of Propositions and Grievances.

Received from the Senate the Petition of James Taylor White and others, endorsed In Senate 28 November, 1785, read and referred by the Senate to General Skinner, Mr. Battle, Mr. Macon and Mr. Easton.

Received also the Memorial of William Walker, and the representation of a Committee of Mecklenburg County, respectively endorsed, In Senate 28 November, 1785, read and referred to the Committee, to whom was referred the Petition of Benjamin Jones. The said Memorial and representation being read, was referred as by the Senate. And received also, the resignation of Griffith Rutherford for Rowan County and others as Justices of the Peace, which being read was ordered to lie on the Table.

Received from the Senate the Petition of George Laine Moore, and the Petition of Abram Markoe, endorsed, In Senate 28 Nov., 1785, read and referred as by the Commons.

Received also, the Petition of Mercy Bedford endorsed, In Senate 28 Nov., 1785, read and referred to the Committee of Propositions and Grievances. The said Petition being read was referred as by the Senate.

Received also the Petition of the Justices and Militia officers of Rutherford County in favour of Sodowick Wray, endorsed In Senate 28 November, 1785, read and referred to the Petition of Mr. Benjamin Jones. The said Petition being read was referred as by the Senate.

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And received also, the resignation of William Gray McDannel as Justice of the Peace for Bladen County, endorsed In Senate 28 Nov., 1785, read & accepted.

The said resignation being read was accepted by this House.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We propose that a joint Committee be appointed to receive from the late district Treasurers, Collectors and others, and cause to be destroyed all such old Dollar Bills belonging to the public as shall be delivered to them, and that they make a report of their proceedings herein for which purpose Mr. Hill, Mr. Macon, General McDowall and Mr. Brown, are appointed on the part of this House.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We decline for the present a concurrence with your Message as to the appointment of a Committee for burning the old Emission of bills, as we conceive those Bills ought regularly to pass into the Treasurers or Comptrollers office, and a state of their amount laid by those officers respectively before the General Assembly, when in the opinion of this House the appointment of such a Committee may be extremely proper.

Mr. John Cox, one of the Members for Moore County, appeared, was qualified and took his seat.

The House according to order resumed the consideration of the Report of the Committee of Privileges and Elections on the Petition of James Jasper, which is as follows, vizt.:

Your Committee of Privileges and Elections, to whom was referred the Petition of James Jasper, siting forth the disqualification of Thomas Jordan, Esqr., one of the sitting Members for the County of Hyde, Report,

That it appears that Mr. Jordan was at the time of his being Elected a Member to represent the County of Hyde, an Entry-taker, which office he resigned at the first Court of the County which happened after the Election, and has produced to your Committee a receipt dated October the 21st, 1785, signed by Memucan Hunt,

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Esquire, Treasurer of the State, for all the monies, which by virtue of his office he had received.

Your Committee also report that at the last Session of Assembly an act was passed, entitled “an act to prevent persons holding offices of profit from enjoying seats in the General Assembly” expressed in the following words:

“Be it enacted by the General Assembly of North Carolina, and it “is hereby enacted by the authority of the same, that from and after “the present session of the General Assembly, every person holding “public office of profit, either by stated Salary or Commission shall “be and they are hereby declared to be incapable of being Elected “as Members to serve in the General Assembly, or to enjoy seats “therein.”

Your Committee have thought it best, in order to save time to state the facts and the Law respecting the same to the House for their determination thereon, all which is submitted.

THOMAS PERSON, Ch.

On Motion of Mr. Hay seconded by Mr. Skinner, Resolved that the Election of Thomas Jordan, Esqr., as a Member of the present Assembly for the County of Hyde has been improvidently made, he being at the time of his election an entry-taker for said County, and being a holder of public money, was not eligible to the seat in the General Assembly, and that a writ of election issue.

Ordered that the election for Hyde County, be held on the sixth and seventh Days of December next.

Received from the Senate the following Bills, vizt.:

A Bill to impower the Wardens of the poor to build houses for their reception & maintenance and other purposes.

A Bill for empowering the Court of Randolph County to adjourn to the place which they shall think most convenient for holding the same.

A Bill for levying a Tax for the support of Government, and to continue the redemption of Continental Money, old paper currency, Specie and other Certificates.

A Bill to impower the late Commissioners, Sheriffs and Collectors of public Taxes to collect and receive the arrearages of said Taxes,

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endorsed, In Senate, 29 November, 1785, read the first time and passed.

Mr. Phillips moved for leave and presented a Bill for the better regulation of the Town of Tarborough, which was read the first time, passed and sent to the Senate.

Mr. Hamilton moved for leave and presented a Bill to establish the Town laid off at Guilford Court House by the name of—which was read the first time passed and sent to the Senate.

Mr. McKissick moved for leave and presented a Bill for erecting and establishing a Town in the County of Lincoln, which was read the first time passed and sent to the Senate.

Received from the Senate the resignation of Thomas Turner and George Bell as Justices, endorsed, in the Senate 29 November, 1785, read and accepted, which being read were accepted by the House.

Mr. Rowan presented the Memorial of William McRee, &c., which being read was referred to the Committee of Claims.

Received from the Senate the record of a Court on the trial of a Negro belonging to the Estate of George Gibbs, endorsed, In Senate 29 Novr., 1785, read and referred to the Committee of Claims.

The said Record being read was referred as by the Senate.

Mr. Hawkins presented the Memorial of Samuel Lockhart, &c., which being read was referred to the Committee appointed on the Memorial of Benjamin Jones.

Received from the Senate the representation of Hezekiah Alexander, endorsed, In Senate 29 November, 1785, read and referred as by the Commons.

Ordered that the Bill for Granting further indulgence to Surveyors, for surveying Lands, and the Bill for dividing Guilford County, be read for the second time tomorrow.

Received from the Senate a Copy of the Judgment, Absalom Tatom against John Armstrong, endorsed In Senate 29 November, 1785, read and referred to a Special Committee, the Members chosen on the part of the Senate are Mr. Coor, Mr. Lightfoot, General Gregory and Mr. Macon. The said Copy being read, was referred on the part of this House to Mr. Lock, Mr. Avery, Mr. Lewis, Mr. Polk and Mr. Roberson.

Received from the Senate the Petition of James Kenan, endorsed, In Senate 29 November, 1785, read and referred to the Committee

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of Propositions and Grievances, which being read, the following Message was ordered to be sent to the Senate:

Mr. Speaker & Gentlemen:

We cannot concur with you in referring the Petition of Mr. Kenan to the Committee of Propositions and Grievances, but propose that it be submitted to the Consideration of the Committee appointed to consider of the public dispatches, &c.

Mr. Avery presented the petition of William Price which being read was referred to a Special Committee. The members appointed on the part of this House are Mr. Tisdale, Mr. Harney, Mr. Diggs, Mr. Richardson, Mr. West, Mr. Sawyer and Mr. Coleman.

Received from the Senate a Resolve of that House directing the Committee appointed on the public dispatches, &c., to make report which being read was ordered to lie on the table.

Received from the Senate a Resolve of that House allowing Captain Robert Fenner a certain sum therein mentioned which was read and ordered to lie on the table.

Received from the Senate the following report of the Committee of Propositions and Grievances on the claims of John Bartholomew and Edward Harris, concurred with by that House, which being read was rejected.

The House adjourned til Tomorrow Morning 10 O'Clock.


Wednesday, 30 November, 1785.

The House met according to adjournment.

Mr. Richard Singleton, one of the Members for Rutherford County appeared, was qualified and took his seat.

Mr. Moye moved for leave and presented a Bill for annexing a part of the County of Pitt to Beaufort County, which was read the first time, passed and sent to the Senate.

Mr. Griffith presented the Petition of Simon Terrel and Joseph Kirk, which being read were referred to the Committee appointed on the Memorial of Benjamin Jones.

The Bill to alter the place to hold the annual Elections for Members of the General Assembly in and for the County of New Hanover, which was read the first time and passed.

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On motion of Mr. Bloodworth, seconded by Mr. Williamson, ordered, that Mr. Bloodworth have leave to withdraw for amendment the said Bill.

The Public Treasurer laid before the House a statement of his accts. as Treasurer, & whereupon,

On motion of Mr. Williamson, seconded by Mr. Person, Resolved, that they be referred to a joint Committee. That Mr. Blount, Mr. Starkey, Mr. Rowan, Mr. Lock and Mr. Dickens be a Committee on the part of this House for that purpose.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

The Treasurer has laid his accts. before this House, which we herewith send you, and propose that the same be referred to a joint Committe, who shall examine and report the same. The Members chosen by this House are Mr. Blount, Mr. Starkey, Mr. Rowan, Mr. Lock and Mr. Dickens.

The Bill impowering the Commissioners of the Town of Edenton to convey part of the Town Common to the Trustees of Smith's Academy, was read the second time, passed and sent to the Senate.

The Bill granting further indulgence to Surveyors for surveying Lands was read the Second time, amended, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We agree that the Petition of Mr. Kenan be referred as by you proposed.

Received also the Memorials of Samuel Lockhart and William McRee respectively endorsed, In Senate 30 November, 1785, read and referred as by the Commons.

Ordered that Mr. Norman have leave to absent himself from the service of this House.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

This House are of opinion it would tend to expedite the business

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of the Session and would be a measure fraught with no ill consequence, should the two Houses agree to consider no other than Bills of a general and public nature as being comprehended within the meaning of the second and third Sections of the Rules agreed on by both Houses to be observed in reading and engrossing Bills.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We cannot entirely agree with the Senate as to the manner of conducting private Bills, but propose that the third Section only of the rules for passing and Engrossing Bills be for the future dispensed with, with respect to them.

Mr. Wood moved for leave and presented a Bill to repeal the sixth Section of an act passed last Session of Assembly, entitled an act for the more regular collecting, payment of and accounting for the public Taxes, which was read the first time passed and sent to the Senate.

Mr. Oliver moved for leave and presented a Bill for erecting and establishing a Town in the County of Bertie by the name of Millford, which was read the first time passed and sent to the Senate.

The Bill to impower the late Commissioners, Sheriffs and Collectors of public Taxes to collect and receive the arrearages of said Taxes, was read the first time, passed and sent to the Senate.

The Bill for vesting certain Lands and other Estate in Randolph County in Anne Fields, wife of William Fields, and the Heirs of the said William and Anne Fields in fee Simple, was read the first time and rejected.

The Bill for impowering the Court of Randolph County to adjourn to the place which they shall think most convenient for holding the same, was read the first time passed and sent to the Senate.

Mr. Pasteur moved for leave, and presented a Bill to amend an act passed at Hillsborough for regulating the Town of Halifax, which was read the first time passed and sent to the Senate.

Mr. Blount presented the Petition of a number of the Justices of the Peace for Martin County, praying that John Higgins Jones, Esqr., who was suspended from executing the office of a Justice of the Peace for Martin County, be restored, &c., which being read the house came to the following Resolution, vizt:

Whereas, John Higgins Jones, a Justice of Peace for Martin

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County, was by the General Assembly suspended from the exercise of his office, and, whereas, the accusations of upon which the assembly proceeded to suspend him have not been in any wise supported, therefore, Resolved, that the Resolution of the last General Assembly for suspending the said John Higgins Jones, Esquire, from the exercise of the office aforesaid, be and the same is hereby received.

Ordered that Mr. Smaw have leave of absence till Wednesday next.

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


Thursday, December, 1785.

The House met according to adjournment.

Ordered that Mr. Bloodworth have leave to absent himself from the service of this House after to-morrow.

Mr. Hill presented the petition of sundry of the inhabitants of Randolph County, praying &c., which being read, Mr. Hill moved for leave and presented a Bill for removing the public buildings of the County of Randolph from the Cross Roads to the Center, which was read the first time passed and sent to the Senate.

Mr. Montgomery moved for leave and presented a Bill to impower the Justices of Hertford County to establish free Ferries in the said County, and lay a Tax for defraying the charges thereof, which was read the first time passed and sent to the Senate.

Received from the Senate the following Bills, vizt:

A Bill for erecting and establishing a Town in the County of Lincoln.

A Bill for the better regulation of the Town of Tarborough.

A Bill to establish the Town laid off at Guilford Court House by the name of a Bill, for Erecting a Town in the County of Bertie, by the name of Millford.

A Bill for annexing a part of the County of Pitt to Beaufort County respectively endorsed, in Senate 30 November, 1785, read the first time and passed.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen.

We agree that the accounts of the public Treasurer be examined

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and reported on by a Committee, and have for that purpose appointed General Skinner, General Ramsey and Mr. Gillispie on the part of this House.

Received also, the Petition of Simon Terrel and Joseph Kirk, endorsed, in Senate read and referred as by the House of Commons.

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

Received from the Senate a Message proposing to ballot on Tuesday next, for a Governor, Delegates and Secretary, Council of State and public Treasurer, which being read was ordered to lie on the table until To-morrow.

Received also the representation of the public Secretary, endorsed, in Senate 1 December 1785 read & referred to a special Committee, the Members on the part of the Senate, are Genl. McDowall, Mr. Lightfoot and Mr. Gillispie. The said representation being read was referred on the part of this House, to Mr. Skinner, Mr. Starkey, Mr. Avery, Mr. B. Williams and Mr. Courtney, and received also the Petition of Anthony Deering and James Deering, endorsed, in Senate 30 November 1785, read and referred to the Committee of Claims, which being read was referred as by the Senate.

Ordered that the Bill for establishing a Town on the Lands of Mial Scurlock Dec'd. in Chatham County, be read to-morrow for the second reading in this House.

The House adjourned till To-morrow Morning 10 O'clock.


Friday 2 December 1785.

The House met according to adjournment.

Received from the Senate the following Bills, vizt, A Bill for impowering the Court of Randolph County to adjourn to the place which they shall think most convenient for holding the same.

A Bill to impower the late Commissioners, Sheriffs and Collectors of Public taxes to collect and receive the arrearages of said Taxes, endorsed, In Senate 1 Decr. 1785 read the second time and passed.

Received also, a bill to impower Robinson Mumford and James Porterfield to receive storage for tobacco inspected and deposited in their warehouse at Fayetteville.

A Bill to impower the Justices of Hertford County to establish

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free Ferries in the said County and lay a Tax for defraying the Charges thereof.

A Bill to amend an act passed at Hillsborough for regulating the Town of Halifax, respectively endorsed in Senate 1 Decr. 1785 read the first time and passed.

Mr. Avery presented the Petition of John Jones of Rutherford County, which being read was referred to the Committee to whom was referred the Petition of William Price.

Mr. Wood moved for leave and presented a bill for establishing a Town on the Lands of Luke Mezell and William Mackay in Martin County, which was read the first time passed and sent to the Senate.

Mr. B. Williams moved for leave and presented a Bill to impower the county Court of Johnston to levy a further Tax on the Inhabitants of said County for defraying the expence of building the Court House, Prison and Stocks, which was read the first time passed and sent to the Senate.

Mr. Polk moved for leave and presented a Bill impowering Thomas Polk to convey certain Lands in Mecklenburg County, which was read the first time passed and sent to the Senate.

Received from the Senate the Resolve of this House, for rescinding a former resolution for Suspending from the office of a justice of the Peace John Higgins Jones of Martin County, endorsed in Senate 1 Decr. 1785 read and concurred with.

Mr. Maclaine, presented the Memorial of James Flemming &c. which being read was referred to a joint Committee, the Members appointed on the part of this House for that purpose are, Mr. Blount, Mr. Cabarrus and Mr. Hay.

Mr. Phil Hawkins presented the Petition of Timothy deMemroe, which being read, was referred to a joint Committee the Members, appointed on the part of this House for that purpose are, Mr. Whitaker, Mr. Polk and Mr. Person.

Mr. P. Hawkins presented the application of James Armstrong Commissioner of Confiscated property for the District of Newbern, which being read was referred to the Committee to whom was referred the public papers, &c.

Mr. B. Williams moved for leave and presented a bill to allow a further time for saving Lots in the several Towns within this

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

Mr. Maclaine presented the Petition of sundry of the Inhabitants of the town of Wilmington, which being read,

Mr. Maclaine moved for leave and presented a Bill to amend the several acts heretofore passed for regulating the Town of Wilmington, which was read for information.

Ordered that the said Bill be Committed to a joint Committee, that for this purpose, Mr. Cabarrus, Mr. Maclaine, Mr. Tisdale, Mr. Blount and Mr. J. Taylor be a committee on the part of this House.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

A Bill herewith sent you, to amend the several acts heretofore passed “for regulating the Town of Wilmington” we propose Committing to a joint Committee, in order that it may be amended so as to make it General, or extend to the principal Towns in this State, and have for this purpose on our part appointed, Mr. Cabarrus, Mr. Maclaine, Mr. Tisdale, Mr. Blount and Mr. J. Taylor, a Committee.

Mr. Nash presented the Petition of Richard Ellis, which being read was referred to the Committee of Claims.

Mr. Jordan presented the Petition of James Maxwell which being read was referred to the Committee of Propositions and Grievances.

The Bill for incorporating religious Societies, was read the second time amended and passed, and sent to the Senate.

On the question shall this Bill pass or not pass, the yeas and nays were required by Mr. D. Hill, which are as follows, viz:

Yeas—Messrs. Blount, Collins, Oliver, Avery, Neale, Williamson, Ferebee, Sawyer, Dickens, White, Sanders, Rhodes, Polk, Person, P. Hawkins, Montgomery, Manney, S. Reddick, Symons, J. Taylor, Cabarrus, Hayes, B. Williams, H. Bryan, R. Riddick, Hinton, Tisdale, Maclaine, Hay, Pasteur, West, Smithwick, S. Williams, Edmunds, Carroll, Burger, Richardson, Starkey, C. Hall and R. Singleton.

Nays—Messrs. Harney, Coleman, Stewart, Griffith, D. Hall, Hamilton, McKissick, Isler, Sloan, Bonds, Cain, Moye, Montfort, W. Hawkins, Eborne, McDonald, Skinner, C. Roberson, Everegin, Thomas, Dodd, Moore, Franklin, Lewis Senr. Hill, Whitaker, Phillips,

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Diggs, Dickson, Courtney, Gardner, Wood, Lock, Robinson, Sherrod, W. Taylor, Phifer, Alexander and Cox.

Mr. Maclaine delivered in a report of the Committee of Propositions and Grievances on the Petition of John Walker, which being read was recommitted to the same Committee.

Ordered that the said Committee report specially the facts thereon.

Mr. Martin presented the claim of Samuel Cross, which being read was referred to the Committee of Claims.

Received from the Senate the following Bills, vizt:

A Bill for establishing a Town on the Lands of Luke Mezzell and William Mackay.

A Bill for levying a tax in the District of Halifax to discharge a balance due for repairing the Court House, &c.

A Bill to impower the County Court of Johnston to levy a further Tax &c.

A Bill impowering Thomas Polk to convey certain Lands &c.

A Bill to allow a further time for saving Lotts in the several Towns.

A Bill for appointing Commissioners in the County of Rutherford for building a Court House, Prison and Stocks in the said County.

A Bill for establishing a Town on the Lands of Andrew Boss.

A Bill to defray the expence of the Members of the General Assembly of this State &c., respectively endorsed, in Senate 2 December, 1785, read the first time and passed.

Received from the Senate the Petition of Richard Ellis, the Petition of James Maxwell, and the application of James Armstrong Commissioner &c. respectively endorsed, in Senate 2 Decemr., 1785, read and referred as by the Commons.

Received from the Senate the Memorial of James Flemming, endorsed, in Senate 2 December, 1785, read and referred on the part of the House to Mr. Coor, Mr. Spicer, Mr. Easton, Mr. Campbell.

Received from the Senate the Petition of Timothy de Memroe, endorsed in Senate 2 December, 1785, read and referred on the part of this House to Gen. Rutherford and Mr. Bledsœ.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

Mr. Coor, General Harrington, Mr. Lightfoot and Mr. Campbell,

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will act with the gentlemen by you appointed to amend the “Bill to amend the several Acts heretofore passed for regulating the Town of Wilmington.

Mr. Person from the Committee to whom was referred the Governor's Message and Congress papers &c., delivered in a report which being read was ordered to lie on the Table until To-morrow then to be taken up for debate.

Mr. Person from the Committee to whom was referred the Governor's Message &c., delivered in a Bill for the relief of the officers, Soldiers and Seamen who have been disabled in the service of the United States during the last War, which was read the first time passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We propose that the Petition of John Jones of Rutherford County be referred to the Committee to whom was referred the Petition of Benjamin Jones.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House agree to refer the Petition of John Jones as by you proposed.

Ordered that Mr. Moye have leave to absent himself from the service of this House until Tuesday next, and Mr. Starkey for Tomorrow.

Ordered that the Bill to impower the Wardens of the poor to build houses for their reception and maintenance and other purposes, be read tomorrow for the second reading in this House.

The Bill for establishing a Town on the Lands of Mial Scurlock, deceased in Chatham County was read the second time, amended, passed and sent to the Senate.

Mr. Blount presented the Petition of Edward Hall, Executor of the last Will and Testament of Ralph Maclaine, Decd., which being read, was referred to the Committe appointed on His Excellency, the Governor's Message, and State papers.

The House adjourned til To-morrow Morning, 10 O'Clock.

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Saturday, 3 December, 1785.

The House met according to adjournment.

The Honourable, the Speaker, laid before the House a Letter from Timothy Bloodworth, Esqr., which being read was referred to a joint Committee, the Members appointed on the part of this House for that purpose are Mr. Cabarrus, Mr. Blount, Mr. Person and Mr. Berger.

Mr. Robert Webb and Mr. Benjamin Covington, the Members for Richmond County, appeared were qualified and took their seats.

The resignation of William Kindall as a Justice of the Peace for Montgomery County, was read and accepted by this House.

Mr. Polk presented the Petition of a number of the Inhabitants of Anson County, complaining of the disqualification of Mr. James Terry, one of the Members for the said County, and praying relief. Ordered that the same be referred to the Committee of Privileges and Elections.

Mr. Edmunds moved for leave to withdraw for amendment, the bill to impower the Wardens of the poor to build Houses for their reception, &c. Ordered that he have leave accordingly.

Ordered that Mr. Maclaine and Mr. Blount be added to the Committee to whom was referred the representation of James Glasgow, Esqr., public Secretary.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We have added to the Committee appointed on the representation of the Public Secretary, Mr. Maclaine and Mr. Blount.

Mr. Handley who had leave of absence til Tuesday last appeared and took his seat.

The order of the day for taking up for debate, the report of the Committee, to whom was referred his Excellency, the Governor's Message and State papers, being called for,

On motion of Mr. Nash, seconded by Mr. Person, Resolved, that the House resolve itself into a Committee of the whole house to take under consideration the said Report. The House Resolved itself into a Committee of the whole House accordingly and chose John B. Ashe, Esquire, Chairman, and after some time spent therein, Mr.

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Speaker resumed the Chair, and Mr. Chairman Reported as follows, viz:

That the Committee had come to several resolutions on the matters submitted to them, but not having time to reduce them to form desired leave to sit again.

The House taking the said report into consideration, Resolved, that they do concur therewith, and that the Committee have leave to sit again at 4 O'clock in the evening.

The House adjourned til 4 O'clock P. M.

Met according to adjournment.

The several matters to this day referred, being postponed. The House adjourned til Monday Morning 10 O'Clock.


Monday, 5 December, 1785.

The House met according to adjournment.

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

To the Honourable the General Assembly:
Gentlemen:

A Letter from His Excellency, Benjamin Franklin, Esquire, to the Governor of this State will be presented you herewith, the subject of which I beg leave to recommend to your consideration, for although this earnest recommendation of Dr. Franklin was laid before the Legislature in their last Session, I do not learn anything decisive was done thereon.

I also present you with a Petition addressed to me by Robert Palmer, Esquire, accompanied by his address to the General Assembly. In the former you will observe he intimates that I was acquainted with the cause of his leaving the County, and the manner of his conducting himself whilst he resided here. In justice to Mr. Palmer, I can do no less than assure your honourable Body that what he sets forth in his Petition to you respecting the cause and Time of his leaving the County and his conduct whilst a resident here is founded on incontestable facts.

Permit me likewise to present to you the Petition of Mrs. Elizabeth Miller, Widow of Andrew Miller, Deceased, as well as in behalf

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of her children as herself from the manner in which their distresses are pointed out, I am induced to recommend the consideration of this Petition to the Legislature.

RD. CASWELL.

Newbern 3 Dec. 1785.

At the same time received the Letters and Petitions referred to in the foregoing Message which being read were referred to the Committee appointed on His Excellency, the Governor's former Message, & State Papers.

Mr. Blount from the Committee to whom was referred the Memorial of James Flemming, of Wilmington, Mercht., Reported as follows, vizt:

Your Committee are of opinion that the Ship Charlestown was thro' unavoidable necessity for the preservation of the Master, Mariners and Cargo obliged to put into Cape Fear, and that the said Ship having been legally condemned as unfit to proceed to Sea, whereby it became necessary to land her cargo evidently not intended for any of our Ports, as further appears from the same or the greater part thereof having been actually re-shipped for the Port of its original destination.

Your Committee are therefore of opinion that the Memorialist should be relieved from the obligation of his Bonds in the offices of the Collector for Port Brunswick and in the Marine Court for Wilmington District as he can produce to the Court or Collector aforesaid satisfactory proofs of the amount of the Cargo of the Ship Charlestown which hath been or shall be re-shipped for the Port of its original destination, and when he shall have given previous Security to the Collector aforesaid that no part of the Cargo so reshipped shall be relanded within this State with intent to defraud the same of the duties therein imposed by Law, the said Memorialist paying all other costs and charges which can be lawfully demanded.

And your Committee are further of opinion that the Collector of Port Brunswick and the Treasurer of the State shall govern themselves in the premises according to this report. All which is submitted.

JOHN C. BLOUNT, Chr.

The House taking the said report into consideration concurred therewith.

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Received from the Senate the following Bills, vizt:

An additional Bill to an act Intituled an act for raising a public revenue for the support of Government and to repeal an act Intituled an act to suppress excessive gaming.

A Bill to prevent any person from stopping ways leading to Houses of religious worship.

A Bill for the relief of Officers, Soldiers and Seamen who have been disabled in the service of the United States, &c., respectively endorsed, in Senate 3 December 1785, read the first time and passed.

Received from the Senate the Petition of Edward Hall, Executor, &c., and the claim of Samuel Cross, respectively endorsed, in Senate 3 Dec., 1785, read and referred as by the Commons.

Received also the resignation of William Kindall as a Justice of the Peace, &c., accepted of by that House.

Received from the Senate the Letter of Timothy Bloodworth, Esqr., endorsed in Senate 3 Dec. 1785, read and referred on the part of this House to Mr. Gillispie, Mr. Campbell and General Harrington.

The House resumed the consideration of the following Message of the 1st inst., from the Senate, vizt:

Mr. Speaker and Gentlemen:

We propose that the General Assembly ballot at 4 O'Clock on Tuesday evening next for a Governor of this State for the ensuing year, and put in nomination His Excellency Richard Caswell, Esq., and the Honorable John Williams and Samuel Johnston, Esquires, at the same time we propose balloting for a Secretary of the State, Delegates to represent this State in Congress, for a Council of State, and for a public Treasurer; and put in nomination for Secretary, James Glasgow, Esqr., for Delegates, the Honorable Wm. Blount, Charles Johnston and Timothy Bloodworth, Esquires, and Nathaniel Macon, Green Hill, John Kinchen, Abner Nash and Robert Burton, Esquires; for a Council of the State, Joseph Leech, Jacob Blount, John Hawks, Abram Sheppard, the Marquis of Bretigny, Doctor Guion, Nathan Bryan and Doctor McClure; and for a public Treasurer, Memucan Hunt, Esquire.

Should you approve of this measure you will signify the same by Message.

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Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We cannot agree to proceed to the Election of public officers on Tuesday next, but propose entering upon that business on Saturday at 3 O'Clock in the evening at which time shall be balloted for an additional Delegate for the present year in order that this State may be represented by three until the time those now to be elected shall commence; also the place of holding the next General Assembly. We have added to your nomination for Governor, William Richardson Davie, Esqr.; for Delegates, John Sitgreaves, William Cumming and John Baptist Ashe, Esquires; for the Council of State, John Spicer, John Wright Stanley and James Armstrong, Esqr. We think it improper to elect the Council of State until after the choice of a Governor, because the Assembly will probably consult his situation in electing them, we therefore propose this last business be done after the election of a Governor on the same day.

We nominate for the place of holding the next General Assembly the Town of Hillsborough, Newbern, Tarborough, Halifax and Fayetteville.

The order of the day for taking into further consideration the report of the Committee on His Excellency the Governor's Message, &c., being called for,

Resolved, That the House Resolve itself into a Committee of the whole House, to take under their further consideration the said report. The House Resolved itself into a Committee of the whole house accordingly, John B. Ashe, Esquire, in the Chair, and after some time spent therein, Mr. Speaker resumed the Chair and Mr. Chairman reported:

That the Report of the Committee on His Excellency the Governor's Message, so far as relates to the alteration of the Courts of Law, except the third Section, be concurred with.

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 have concurred with the Report of the Committee on His

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Excellency the Governor's Message, with respect to the proposed alterations in the Courts of Law except the third Section as it now stands in the Report.

That part of the report relating to the appointment of a Commissioner of the Loan office in this State we propose to lie for consideration, all the rest we concur with.

We have in conformity to this Report appointed Mr. Hay and Mr. Maclaine to prepare and bring in a Bill for altering the Courts of Law.

Resolved, That Mr. Nash be requested to prepare and bring in a bill for a revisal of the Laws agreeable to the report of a Committee on that head.

Ordered that the Bill for the relief of the Officers, Soldiers and Seamen, who have been disabled in the service of the United States during the last War, be read to-morrow for the second reading in this House.

Mr. Avery moved for leave and presented a Bill to amend an act to establish the Town of Morgan, and to direct the building of a Court House and Prison in the same for the district of Morgan, which was read the first time, passed and sent to the Senate.

Mr. Maclaine presented the petition of Caleb White, Aaron Morris and Benjamin Albertson, in behalf of the people called Quakers which being read,

Mr. Maclaine moved for leave and presented a Bill for permitting the emancipation of Slaves under certain restrictions, when the owners thereof are conscientiously scrupulous of continuing them in perpetual servitude, which was read the first time, passed and sent to the Senate.

Ordered that Mr. Gardner have leave to absent himself from the service of this House until Saturday next.

The Bill to establish the Town laid off at Guilford Court House, by the name of Martinville, was read the third time, amended, passed and sent to the Senate.

Received from His Excellency the Governor, the following Message:

To the Honorable the General Assembly:
Gentlemen:

Having this day received a Petition from Mr. John Burgwin with

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a Memorial addressed to your Honourable Body, and presuming you may be on business of a similar nature, I take the liberty of recommending Mr. Burgwin's case to your consideration.

RD. CASWELL.

Newbern, 5 Decr., 1785.

The papers above referred to, being read were referred to the Committee to whom a former Message from his Excellency, the Governor, accompanied by the State papers, &c., were referred.

Mr. Person from the Committee to whom was referred the Petition of Jacob Richards, Reported as follows, vizt:

That they have taken the same under their consideration, and are of opinion (owing to his particular circumstances) that he be at liberty to discharge his bond for the rent of a house belonging to the State in Hillsborough in Certificates due the Continental officers and Soldiers of the line of this State by their settlement with the Commissioners for that purpose, and that the holder of said bond be directed to receive the same, which shall be allowed in his settlement of public accts.

THOMAS PERSON, Chmr.

The House taking the said Report into consideration concurred therewith.

Mr. Hay moved for leave and presented a Bill impowering the Commissioners impowered to settle the accts. between the United States and the State of North Carolina or the Creditors of the United States within the same to call witnesses and examine the same upon oath or affirmation touching the said accts. which was read the first time, passed and sent to the Senate.

The House adjourned till To-morrow morning, 10 O'clock.


Tuesday, 6 December, 1785.

The House met according to adjournment.

Mr. John Pugh Williams one of the members for New Hanover County appeared was qualified and took his seat.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

This House have added General Rutherford, Mr. Brown and Mr.

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Macon to the Committee appointed to consider of the Secretary's representation.

Received from the Senate a Resolve of that House authorising the present Treasurer to settle all accts. with the late Sheriffs of Salisbury District for the year 1783, which being read was concurred with by this House.

Mr. Williamson moved for leave to prepare and bring in a Bill for enabling the Comptroller to settle all claims against the State for services performed during the late War, which shall be presented to him before the first of Decr. next. Ordered that he have leave accordingly.

Received from the Senate a Resolve of that house directing the Comptroller to issue a Certificate to John Parks as therein mentioned, which being read was concurred with.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith return the Resolve of your House directing the Comptroller to issue a certificate to John Parks as therein mentioned concurred with. We further propose in addition to that Resolve that the Comptroller note in the Checks, the issuing such Certificates.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Senate have appointed Mr. Hill, Mr. Macon, Genl. McDowall and Mr. Brown a Committee, who will act jointly with such of your body as may be appointed to receive from the public Treasurer, and from the late District Treasurers all such old Dollar money as may be handed them, together with such of the Bills of the late Emission as may be too much worn for circulation, and cause that the same be destroyed and make report of their proceedings herein.

Ordered that the following Messages be sent to the Senate:

Mr. Speaker and Gentlemen:

We have on our part appointed Mr. Skinner, Mr. Thomas, Mr. Dickens, Mr. W. Hawkins, Mr. Ashe, Mr. D. Hall, Mr. Cain, Mr. Neale, Mr. Tisdale and Mr. B. Williams a Committee who will act

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with the Gentlemen by you appointed to receive of the Public Treasurer the old Dollar Money &c.

Received from the Senate the Petition of Jane Spurgen, endorsed in Senate read and referred to the Committee of Propositions and Grievances which being read was referred as by the Senate.

Received from the Senate the Petition of John Bradley endorsed in Senate, read and referred to the Committee to whom was referred the Memorial of James Flemming, which being read was referred as by the Senate.

Received from the Senate the affidavit of Catharine Shaver, and the Petition of Hannah Davis respectively endorsed in Senate, read referred to the Committee of Propositions and Grievances, which being read were referred as by the Senate.

Received from the Senate the Claim of Robert Brevard, endorsed in Senate, read and referred to the Committee of Claims, which being read was referred as by the Senate.

Mr. Martin presented two Petitions from Sundry the Inhabitants of Surry County praying to have an Tobacco Inspection established in the said County, which being read,

Mr. Martin moved for leave and presented a bill for the inspection of Tobacco in the County of Surry, which being read the first time passed and sent to the Senate.

Received from the Senate the Resolve of that House directing the Comptroller to issue a Certificate to Isaac McHenry as therein mentioned, which being read was concurred with.

Received from the Senate the following Bills, vizt:

A Bill for establishing a Town on the Lands of Thomas Relf.

A Bill to establish a Town on the Lands of Thomas Dougan in the County of Randolph.

A Bill for adding part of Craven County to Dobbs County.

A Bill for altering the place of holding Courts and other Public Meetings in the County of Wayne &c.

A Bill to impower the several County Courts within this State to establish and lay off towns at their discretion.

A Bill to preclude certain Foreigners therein mentioned from holding any office of profit or trust in this State unless for meritorious services, respectively endorsed in Senate read the first time and passed.

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Mr. Edmunds, who had leave to withdraw for amendment the Bill to impower the Wardens of the poor to build houses for their reception and maintenance and other purposes delivered in the same, which was read the second time amended passed and sent to the Senate.

Received from the Senate the Message from his Excellency the Governor with its inclosures, endorsed read and referred as by the Commons.

Received from the Senate the report of the Committee on the Memorial of Andrew Boss endorsed in Senate read and concurred with, which being read was concurred with by this House.

Mr. Polk moved for leave and presented a Bill for the promotion of learning in the County of Davidson which was read the first time passed and sent to the Senate.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

This House have added General Harrington to the Committee of Claims.

Mr. Speaker and Gentlemen:

The Senate have appointed Mr. Gillispie, General Gregory, General Rutherford and General Harrington a Committee, who will act jointly with such of your body as may be appointed to prepare and bring in a bill for establishing a militia in this State.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We have on our part appointed Mr. Berger, Mr. Williamson, Mr. P. Williams, Mr. Ashe and Mr. C. Hall a Committee, who will act jointly, with the Gentlemen by you appointed to prepare and bring in a bill for establishing a Militia in this State.

On motion of Mr. Williamson seconded by Mr. Person, Resolved that every Bill hereafter introduced to this house shall be first read for information, and then lie on the table until a motion shall be made for its being taken up and put on its passage, in which case it shall be read Paragraph by Paragraph and subject to debate and amendment.

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Mr. Cabarrus moved for leave and presented a Bill to amend an Act passed at Hillsborough the—day of—1784 intitled an Act for appointing Collectors of the imports at the several ports of this State and for regulating the duty of Naval officers, the officers of the Customs and Masters of Vessels, the Bill was read the first time passed and sent to the Senate.

Mr. Wood moved for leave and presented a Bill for the Inspection of Tobacco in the Town of Windsor, which was read for information.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We have appointed Mr. Coor, and Mr. McCullock a Committeeon the part of this house to examine with such of your body as may be appointed, the Engrossed Copies of such Bills as may pass two readings in each House during the present Session.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

We have appointed Mr. Skinner and Mr. S. Riddick to examine with the Gentlemen by you appointed, the Engrossed Bills.

Mr. Blount moved for leave and presented a bill to alter the place of holding the County Court of of Beaufort County from Bath to the Town of Washington in said county and to erect a new Court House, Prison, Pillory and Stocks in said County, which was read for information.

Mr. Blount presented the Petition of Sundry of the inhabitants of Beaufort County praying to have an act passed for removing the Court house of the said County.

Mr. Stewart presented a petition from Sundry the inhabitants of Moore and Chatham Counties and praying &c., which being read,

Mr. Stewart moved for leave and presented a Bill to prevent the stoppage of fish from running up Cape Fear, Deep River, Haw River and Rocky River, which was read for information.

Mr. C. Hall presented the Petition of Sundry Persons in favour of Thomas Garrett which being read was referred to a joint Committee, the members chosen on the part of this house are Mr. Maclaine, Mr. Avery and Mr. Hay.

Mr. Montgomery presented the Petition of Patrick Garvey praying &c., which being read,

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Mr. Montgomery moved for leave and presented a Bill for impowering the Commisssoners of Wynton to let or lease a Lot out of the Town Commons for a term of years, which was read for information.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

It is the wish of this House that the General Assembly should ballot for a Governor of the State, Public Secretary, Delegates to represent this State in Congress and a Treasurer on Friday evening next at 3 O'clock, and have put in nomination for Governor His Excellency Richard Caswell Esquire, and the Honbl. John Williams Esqr. for Public Secretary James Glasgow Esquire, for Delegates William Blount, Abner Nash, Charles Johnston, Timothy Bloodworth, Nathaniel Macon, Green Hill, John Kinchin and Robert Burton Esquires, and for a Treasurer Memucan Hunt Esquire; and that on the following day at 3 O'clock in the afternoon a Council of State, and the place where the next Assembly shall be held be balloted for. Should this proposal meet your approbation you will signify the same by Message.

The name of Samuel Johnston Esqr. is withdrawn from the nomination for a Governor, as is likewise the town of Tarborough from the nomination of places where the next Assembly shall be held.

Mr. Coor & Mr. Macon are appointed on the part of this House to superintend the balloting.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We agree to ballot as by you proposed for the several officers of State, and the place at which the next Assembly shall be held. Mr. Skinner and Mr. Polk will conduct the ballotting.

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


Wednesday, 7 December, 1785.

The House met according to adjournment.

Mr. Skinner moved for leave and presented a Bill for appointing a treasurer in the District of Edenton for the purpose of calling to acct the Commissioners for building a public Gaol in the district

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

Received from the Senate a Message from his Excellency the Governor, endorsed read and referred as by the Commons.

Received from the Senate the report of the Committee on the Petition, of Jacob Richards, endorsed in Senate read and concurred with.

Received from the Senate a resolve allowing James Miller Esquire the sum of Forty two pounds for a lost Certificate for that amount, which being read was concurred with.

Received from the Senate the following Bills, vizt:

A Bill impowering the Commissioners impowered to settle the acco'ts between the United States and the State of North Carolina or the creditors of the United States within the same to call Witnesses and examine the same &c.

A Bill to amend an act to establish the Town of Morgan &c.

A Bill for the Inspection of Tobacco in the County of Surry.

A Bill for the promotion of learning in the County of Davidson.

A Bill to amend an act intitled an act for the better observation and keeping of the Lords day commonly called Sunday, and for the more effectual suppression of vice and immorality, respectively endorsed in Senate, read the first time and passed.

Mr. Oliver moved for leave and presented a Bill for altering the time of holding the County Court of Bertie, which was read the first time passed and sent to the Senate.

Mr. Q. Avery moved for leave and presented a Bill to amend “an Act to impower the County Courts of Pleas and Quarter Sessions of the several Counties in this State to order the laying out public Roads and to establish and settle Ferries, and to appoint where bridges shall be built, and to clear Inland Rivers and Creeks, which was read the first time, passed and sent to the Senate.

Mr. Ferebee presented the Memorial of Isles Simmons, which being read was referred to the Committee of Claims.

The House resumed the consideration of a Resolution of the Senate allowing Capt. Robert Fenner a certain sum therein mentioned, when the same was rejected.

Mr. Ash presented the Memorial of John Eaton, which being read, was referred to the Committee of Propositions and Grievances.

Received from the Senate the resignation of Stephen Williams as

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a Justice of the Peace endorsed, In Senate accepted, which being read was accepted by this House.

The Bill for annexing a part of the County of Pitt to Beaufort County, was read the second time, amended, passed and sent to the Senate.

Mr. Courtney presented the Petition of James Williams, which being read, was referred to a joint Committee, the Members appointed on the part of this House, are Mr. Nash, Mr. Person, Mr. Williamson, Mr. Lock, Mr. Blount and Mr. Polk.

Received from the Senate the following Bills, vizt:

A Bill for appointing and laying out a Town on New River at or near Onslow Court House on the Lands of William Wantland, deceased.

A Bill directing the duty of the Naval officers and of all Masters of Vessels coming into any of the Ports or inlets in this State, endorsed in Senate, read the first time and passed.

Mr. Maclaine presented the Petition of Anne Howard, Executrix of the last Will and Testament of the late Martin Howard Esquire, which being read was referred to the Committee appointed on His Excellency, the Governor's Message and State papers.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We do not concur with the report of the joint Committee to whom was referred the Memorial of Mr. James Flemming, Mercht, of Wilmington as it now stands, but propose that it be amended by expunging that part thereof opposite which in the Margin is the Letter A, should you think proper to make this amendment, the Senate will then concur with the report.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We agree to the amendment by you proposed to be made in the report of the Committee on the Petition of Mr. Flemming and have made the report conformable.

The Bill for the relief of the Officers Soldiers and Seamen who have been disabled in the service of the United States during the

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

Ordered that the Bill impowering Thomas Polk to convey certain Lands in Mecklenburg County be committed to Mr. Lock, Mr. Polk, Mr. Avery and Mr. Phifer for amendment.

Mr. Maclaine presented the Petition of divers of the Inhabitants of Wilmington, Members of the Protestant Presbyterian Church, which being read.

Mr. Maclaine moved for leave and presented a Bill for incorporating the Protestant Presbyterian Church of Wilmington, which was read for information.

The Bill for the Inspection of Tobacco in the Town of Windsor, was read the first time, passed and sent to the Senate.

The Bill for impowering the Commissioners of the Town of Wynton to let or lease a lot out of the Town Commons for a Term of years was read the first time and rejected.

The Bill to amend the several Acts heretofore passed for regulating the Town of Wilmington, was read the first time, amended, passed and sent to the Senate.

An additional Bill to an act instituted an act for raising a Public revenue for the support of Government, and to repeal an act to suppress excessive Gaming, was read the first time, amended, passed and sent to the Senate.

The Bill to impower the several County Courts within this State to establish and lay off Towns at their discretion, was read the first time, passed and sent to the Senate.

The Bill to preclude certain Foreigners, therein mentioned from holding any office of profit or trust in this State unless for meritorious services, was read the first time, passed and sent to the Senate.

The Bill for levying a Tax for the support of Government and to continue the redemption of Continental Money, old paper currency, Specie and other Certificates, was read the first time, passed and sent to the Senate.

The Bill to prevent any person from stopping ways leading to houses of religious Worship, was read the first time, passed and sent to the Senate.

The Bill impowering the Commissioner impowered to settle the accts. between the United States and the State of North Carolina or

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the creditors of the United States within the same, to call Witnesses and examine the same upon oath or affirmation touching the said accts. was read the second time, passed and sent to the Senate.

Mr. Maclaine presented the Petition of Robert Simons, which being read, was referred to the Committee of Propositions and Grievances.

Received from the Senate the Memorial of John Eaton, the Petition of Ann Howard, Executrix, &c., and the Memorial of Isles Simmons, respectively endorsed, In Senate read & referred as by the Commons.

Received also the petition of James Williams endorsed In Senate, read and referred to Mr. Lightfoot, General Rutherford, Mr. Macon & Mr. Coor.

Mr. Tisdale presented the Memorial of George Alston, which being read was referred to a joint Committee. The Members chosen on the part of this House are Mr. P. Hawkins and Mr. Williams and Mr. Skinner.

Received from the Senate a Resolve of that house allowing Ambrose Ramsey, Esqr., Administrator, &c., the sum of ninety-five pounds, four shillings & four pence, which being read and concurred with.

The Bill for levying a Tax in the district of Halifax to discharge a balance due for repairing the Court House and Jail of said District, was read the first time, passed and sent to the Senate.

Received from the Senate a resolve of that house allowing George Lamkin the sum of Thirteen Pounds, Ten Shillings, which being read was concurred with.

Received from the Senate the following Bills, vizt.:

A Bill to secure and quiet in their possession all such persons, their Heirs and assigns, who have purchased or may hereafter purchase Lands and Tenaments, Goods and Chattels which have been sold, or may hereafter be sold by Commissioners of forfeited Estates legally appointed for that purpose.

A Bill for establishing a Town in Duplin County on the Lands of William Houston, Senior.

A Bill for appointing a Treasurer in the District of Edenton for

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the purpose of calling to acct. the Commissioners for building a Public Gaol in the District aforesaid.

A Bill for altering the time of holding the County Court of Bertie.

A Bill to erect and establish a Public School in the County of Duplin respectively endorsed In Senate, read the first time and passed.

On motion of Mr. Skinner, seconded by Mr. Maclaine, Resolved that our late Governors who have not as yet rendered their accts. our late Continental Delegates and the Superintendents for emitting the late paper currency, be required to lay their respective Accts. before the present General Assembly for their inspection.

Resolved, that it be recommended to the Grand Committee to sit from day to day by regular adjournment until the business before them be completed and that they dayly report their proceedings.

On motion of Mr. Philemon Hawkins, seconded by Mr. Maclaine, Resolved, that no private Bill be received after Saturday next except such as shall be introduced in pursuance of the report of a Committee.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We concur with the report of the joint Committee to whom were referred the several Messages from his Excellency the Governor addressed to the General Assembly, &c., the State and other papers accompanying them, in every respect as it was concurred with by your house and have appointed Mr. Coor, Genl. Harrington and Mr. Lightfoot a Committee who will act jointly with the Gentlemen by you appointed to prepare and bring in a Bill for altering the Courts of Laws.

Received also the report of the Committee to whom was referred the Message and State and other papers above alluded to which report agreed to is in the words following:

Your Committee are of opinion that for the more speedy trial of causes and dispatch of business in the several Judicial departments and more effectual administration of Justice several alterations and amendments are necessary and your Committee recommend the following plan:

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That a single Justice of the Peace have cognizance of all sums not exceeding Ten pounds saving to the parties the right of appeal to the County Court.

That the County Court have the unlimited Jurisdiction in civil actions saving to the parties a right of appeal to the Superior Court.

That the Jurisdiction of the several Superior Courts in civil matters and pleas of the State remain nearly as at present with the addition of three more Judges.

That the time for holding the Superior Courts for the several Districts be so fixed that three may begin at a time each held by two Judges who shall proceed in the respective ridings at the same time.

That the Term be enlarged to fifteen or twenty days.

That at the end of every circuit all the said Judges shall compose a Court for the Tryal of appeals, writs of error, and other matters of Law reserved from the Superior Courts and also Courts of Equity.

That not more than one attorney shall be allowed to speak at Bar on the part of either plaintiff or defendant in any suit commenced in the County Court.

That on Judgments given by any Justice of the Peace the following rules shall be observed, viz. : for all sums of forty shillings or under, twenty days stay of execution, for all sums from forty shillings to five pounds inclusive sixty days stay of execution and for all sums from five pounds to ten pounds inclusive one hundred and twenty days stay of execution, the Justice observing to take sufficient security before the stay of execution is granted and provided the amount of the Judgment with lawful Interest from the date it is obtained be not paid at the time limited execution shall issue against principal and securities for the amount of the Judgment, Interest and Costs.

That it would tend to the General advantage of the State that all the Laws now in force in the State should be published in one or more Books. That the most eligible plan for accomplishing the same will be to advance to some individual a sum of money to enable him to collect and publish said Laws and to be invested by Law with the exclusive right of publishing and selling the same and in a certain limited time refund the said sum of money and

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that copies of Laws which have passed since the year 1774 inclusive be first printed in a separate volume.

A Bill for the relief of the Officers, Soldiers and Seamen who have been disabled in the service of the United States during the last War.

TH. PERSON, Ch.

The House adjourned till To-morrow Morning, 10 O'clock.


Thursday, 8 December, 1785.

The House met according to adjournment.

Received from the Senate the following Bills, vizt.:

A Bill for the inspection of Tobacco in the Town of Windsor.

A Bill to prevent the distillation of Spirituous Liquors from grain in the County of Davidson for a limited time.

A Bill to amend an act to impower the County Court of Pleas and quarter Sessions of the several Counties in this State to order the laying out publick Roads and to establish and settle Ferries and to appoint where bridges shall be built and to clear Inland Creeks and Rivers respectively endorsed In Senate, read the first time and passed.

Received from the Senate the Resolve of that House suspending from the office of a Justice of the Peace Thomas Espey of Lincoln County, which being read was concurred with.

Received from the Senate a Resolve of that House impowering His Excellency the Governor to Grant warrants on the Treasury in favour of the District Auditors and their Clerks for services, which being read was concurred with.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

This House approve of this proposition of yours for amending the resolution of the General Assembly in favour of John Parks and have inserted the amendment accordingly.

Received from the Senate a Resolve of that house disqualifying Robert Norris of Franklin County from exercising the office of a Justice of the Peace which being read was concurred with.

Received from the Senate the report of the Committee on the Memorial

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of James Fleeming, Mercht. in Wilmington concurred with, by that house.

The Bill for altering the place for holding Courts and other public meetings in the County of Wayne, and for removing the Court House and Prison from West point to where John Fleetwood now lives, was read the first time, passed and sent to the Senate.

On motion of Mr. Person, seconded by Mr. Sloan, Resolved that his Excellency the Governor be requested to lay before this House a list of Warrants by him granted since the commencement of his administration which list shall specify the name of the parties to whom the warrants were granted, and the amount of the sum contained in each warrant.

Mr. Dickens moved for leave and presented a Bill to amend an act intitled an act for raising a public revenue for the support of Government, which was read the first time, passed and sent to the Senate.

The Bill for adding part of Craven County to Dobbs County, was read the first time, passed and sent to the Senate.

Mr. Person from the Committee to whom was referred the Petition of William Linton Reported as follows, to wit:

That they have considered the same together with the resolution of the General Assembly and the Governor's pardon in consequence thereof, and find that the resolution and pardon exonerates said William Linton in express terms from all pains, penalties, fines, forfeitures whatsoever upon the prosecution against him on account of his being supposed to be accessary to the Murder of Michael Quinn.

Your Committee also find that William Linton having forfeited his recognizance before the Pardon was issued has been compelled to pay for his own account and for account of his Securities to the Sheriff of Halifax County four hundred Pounds, from which forfeiture your Committee believe it was the resolution of the General Assembly that he should be exonerated; Wherefore your Committee recommend that the Sheriff of Halifax County be directed to refund the said four hundred Pounds to the said William Linton and his Securities, and that this report being concurred with by both Houses of Assembly shall be a sufficient Justification to him and discharge for that sum.

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

Mr. Person from the Committee to whom was referred the Memorial of Samuel Lockhart delivered a report, which being read was rejected.

Mr. Polk moved for leave and presented a Bill for the Inspection of Tobacco in the Town of Nashville, which was read the first time, passed and sent to the Senate.

The Bill for appointing a Treasurer in the District of Edenton for the purpose of calling to account the Commissioners for building a Public Gaol in the District aforesaid, was read the first time, passed and sent to the Senate.

The Bill to impower Robinson Mumford, Esq., and James Porterfield to receive their storage for Tobacco inspected and deposited in their Warehouse at Fayetteville, was read the first time, passed and sent to the Senate.

Mr. Nash moved for leave and presented a Bill to appoint and enable—to collect and publish in one or more Volumes all the acts of the General Assembly which are now in force in this State, which was read for information.

The Bill to impower the Justices of Hertford County to establish free Ferries in the said County and lay a Tax for defraying the charges thereof, was read the second time, passed and sent to the Senate.

The Bill to impower the County Court of Johnston to levy a further Tax on the Inhabitants of said County, for defraying the expence of Building the Court House, Prison and Stocks, was read the second time, passed and sent to the Senate.

The Bill to amend an act passed at Hillsborough for regulating the Town of Halifax was read the second time, passed and sent to the Senate.

The Bill to amend an act to establish the Town of Morgan, and to direct the building a Court House and Prison in the same for the District of Morgan, was read the second time, passed and sent to the Senate.

The Bill to prevent the stoppage of Fish from running up Cape Fear River, Haw River and Rocky River was read the first time, passed and sent to the Senate.

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The Bill for the Inspection of Tobacco in the County of Surry, was read the second time, passed and sent to the Senate.

Mr. Nash presented the Petition of Doctor Robert T. Hornby, which being read was referred to the Committee appointed on His Excellency the Governor's Message and State papers.

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

Mr. Tisdale moved for leave and presented a Bill to repeal the fourth Section of an act of the last General Assembly, intituled an Act to explain, amend and supply the deficiencies of an Act passed last Assembly at Hillsborough, intituled an Act to regulate the descent of real Estates, to do away any Entails, to make provision for Widows and prevent frauds in the execution of last Wills and Testaments and for directing how deeds of Gift and Bills of Sale of Slaves shall be executed, authenticated, perpetuated, which was read for information.

The Bill for incorporating the Protestant Presbyterian Church of Wilmington was read the first time, passed and sent to the Senate.

Received from His Excellency the Governor the following Message:

To the Honorable the General Assembly:
Gentlemen:

As I understand the election of Delegates to represent this State in Congress the ensuing year is to come on tomorrow, I conceive it to be my duty to lay before you, the letter herewith from Mr. Sitgreaves.

RD. CASWELL.

At the same time received the letter above referred to, which being read was sent to the Senate.

Ordered that Mr. Isler have leave to absent himself from the services of this House until Monday next.

Ordered that Mr. Williams have leave to withdraw for amendment the Bill to allow a further time for saving Lotts in the several Towns in this State.

The Bill to appoint, collect and publish in one or more volumes all the acts of the General Assembly which are now in force in this State, was read the first time passed and sent to the Senate.

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Received from the Senate the following Bills, vizt.:

A Bill for the inspection of Tobacco in the Town of Nashville endorsed in Senate, read the first time and passed. A Bill to preclude certain foreigners therein mentioned from holding any office of profit or trust in this State unless for meritorious services, endorsed In Senate, read the second time and passed.

Mr. Blount moved for leave and presented a Bill declaring the Lotts in the Town of Washington, also the several Lotts in this State which have been sold by the Commissioners of Confiscated property saved Lotts which was read the first time, passed and sent to the Senate.

Received from the Senate a Bill to amend an act passed at Hillsborough the 27 of October, 1784, Intituled an act for appointing Collectors of the Imports at the several Ports of this State and for regulating the duty of the Naval officers, the officers of the Customs and Masters of vessels, endorsed, In Senate read the first time & passed.

The Bill to amend an act to empower the County Courts of Pleas and Quarter Sessions of the several Counties in this State to order the laying out public Roads, and to establish Ferries and to appoint where bridges shall be built, and to clear Inland Rivers and Creeks, was read the second time, amended, passed and sent to the Senate.

Received from the Senate the Memorial of George Alston, endorsed, In Senate read and referred on the part of the Senate to Mr. Lewis, Mr. Hill, Mr. Moore, and Genl. Rutherford.

Received from the Senate the Petition of Robert Simms, endorsed, In Senate read & referred as by the Commons.

Received from the Senate the following Resolves, vizt.:

A Resolve recommending the Grand Committee to sit from day to day, &c., a Resolve requiring the late Governors, Continental Delegates & superintendents for emitting the late paper currency, to lay their accts. before the Assembly, &c., a Resolve for receiving no private Bills, &c., respectively concurred with.

Received from the Senate the Petition of sundry Persons in favour of Thomas Garrett, endorsed In Senate, read and referred to General Skinner, and Mr. Riddick.

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Received from the Senate an additional Bill to an act intituled an act for raising a public revenue for the support of Government, and to repeal an act intituled an act to suppress excessive gaming endorsed, In Senate read the second time and passed.

Mr. Williamson moved for leave to prepare and bring in a Bill for recovering part of the Artillery belonging to this State.

Ordered that he have leave accordingly.

The House adjourned til Tomorrow 3 O'clock P. M.


Friday, 9 December, 1785.

The House met according to adjournment.

Mr. Skinner from the joint balloting for a Governor, Secretary, Public Treasurer and Delegates to represent this State in Congress, Reported, That by a Majority of the votes of both Houses of the General Assembly Richard Caswell, Esqr., was elected Governor, James Glasgow, Esquire, Secretary, Memucan Hunt, Esquire, Treasurer, Abner Nash, Robert Burton, William Blount, Charles Johnston, Timothy Bloodworth and Nathaniel Macon, Esquires, Delegates.

The House taking the said Report into consideration Concurred therewith.

The House adjourned til Tomorrow Morning 10 O'clock.


Saturday, 10 December, 1785.

The House met according to adjournment.

Mr. Williamson moved for leave and presented a Bill for enabling the Comptroller to settle all claims against the State for services performed during the war, which was read for information.

Mr. Williamson according to order presented a Bill for recovering part of the Artillery belonging to this State, which was read for information.

Mr. Williamson moved for leave and presented a Bill for the relief of Widows or Children of Officers who have died in the service of the United States, which was read for information.

-------------------- page 331 --------------------

The Bill to alter the place of holding the County Court of Beaufort County from Bath to the Town of Washington in said County, and to erect a new Court house, Prison, Pillory and Stocks in said County, was read the first time, passed and sent to the Senate.

Received from His Excellency the Governor the following Message:

To the Honourable the General Assembly:
Gentlemen:

I have the honor to lay before you sundry dispatches received by the last Post, vizt:

No. 101. A Letter from the Secretary of Congress respecting the settlement of Claims of the Army, against the United States.

102. Resolve of Congress on the same subject.

103. A Letter from Mr. Pierce, Paymaster, respecting Army Certificates.

104. Resolve of Congress on the same.

105. A Letter from the Secretary of Congress on the representation of the States.

106. Copy of a Letter from the Secretary for Foreign Affairs to the Secretary of Congress on the subject of representation.

The two latter Letters appear to me to require your immediate attention.

RD. CASWELL.

Newbern, 10th December, 1785.

At the same time received the Letters, &c., referred to in the foregoing Message from his Excellency the Governor, which being read.

Ordered that the two Letters No. 105 & 106 relative to the representation in Congress, be referred to the Committee on the Letter from Mr. Bloodworth; the other Letters, &c., to the Committee on His Excellency the Governor's Message and State papers.

The additional Bill to an act intituled an act for raising Public revenue for the support of Government, and to repeal an act intitled an act to suppress excessive gaming, was read the second time, passed and ordered to be Engrossed.

Mr. Hinton moved for leave and presented a Bill for confirming

-------------------- page 332 --------------------
titles of land therein described, which was read the first time, passed & sent to the Senate.

The Bill to allow a further time for saving Lotts in the several Towns within this State, was read the second time, amended, passed & sent to the Senate.

Mr. Avery moved for leave and presented the two following Bills which were read for information, vizt.:

A Bill to extend the lines between Burke and Rutherford Counties.

A Bill for Inspection of Tobacco in certain Western Counties.

The Bill to prevent the distillation of Spirituous liquors from grain in the County of Davidson for a limited time, was read the first time, passed & sent to the Senate.

Mr. B. Williams presented the Petition of James Lockhart praying, &c., which being read was referred to the Committee of Propositions & Grievances.

Received from the Senate the Engrossed Copy of an additional bill to an Act for raising a public revenue for the support of Government, and to repeal an Act Intituled an Act to suppress excessive Gaming, endorsed In Senate 10 December, read the third time and passed.

Ordered that this Bill be read the third time in this House. The same was accordingly read the third time & passed and ratified.

Received from the Senate the following Bills, vizt.:

A Bill for incorporating the Protestant Presbyterian Church of Wilmington.

A Bill to appoint and enable—to collect and publish in one or more volumes all acts of the General Assembly which are now in force in this State.

A Bill to amend the Act for making provision for the poor, respectively endorsed, In Senate, read the first time and passed.

Received also, a Bill for adding part of Craven County to Dobbs County endorsed in Senate, read the second time and passed.

Mr. Maclaine moved for leave and presented a Bill to amend the acts passed for purchasing a lot or lots in the Town of Wilmington, for the purpose of building a Jail for the district of Wilmington & for repairing the Court House of the said District, which was read for information.

-------------------- page 333 --------------------

Mr. Williamson moved for leave and presented a Bill for the regulation of Commerce, which was read the first time, passed and sent to the Senate.

Received from the Senate the Report of the Committee on the Petition of William Linton, and the Resolve of this House, requesting his Excellency the Governor to lay before the house a list of Warrants, respectively concurred with.

The Bill for establishing a Town in Duplin County on the Lands of William Houston, Senr., was read the first time, passed and sent to the Senate.

Mr. Diggs moved for leave and presented a Bill to impower the wardens of the poor to call to account all former Sheriffs, Clerks of County Courts and other persons who have not accounted for taxes and fines by them received, which are appropriated or intended for the support of the poor, which was read the first time, passed and sent to the Senate.

Received from the Senate the Petition of William King, endorsed, read and referred to the Committee of Propositions and Grievances, which being read was referred as by the Senate.

Received also the Petition of Doctor Robert T. Hornby, endorsed, read and referred as by the Commons.

The Bill for erecting and establishing a Town in the County of Bertie by the name of Millford, was read the second time, and laid over until the next Assembly.

The Bill for altering the time of holding the County Court of Bertie, was read the second time, amended, passed and sent to the Senate.

The Bill for adding part of Craven County to Dobbs County was read and laid over until the next Assembly.

Received from the Senate the Claims of William Webb and Conyers White, endorsed in Senate, read & referred to Genl. Harrington, General Rutherford, Mr. Bryan and Mr. Macon, which being read was referred on the part of this House to Mr. Neale, Mr. Martin, Mr. R. Riddick & Mr. Bonds.

Mr. Polk moved for leave and presented a Bill to establish a Town in the fork of the Cumberland and Red River on the East side of Red river in Davidson County, which was read the first time, passed and sent to the Senate.

Mr. Cabarrus moved for leave and presented a Bill to regulate the Town of Edenton, which was read for information.

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The Bill for the better regulation of the Town of Tarborough, was read the second time, amended, passed and sent to the Senate.

The Bill for inspection of Tobacco in Certain Western Counties, was read the first time, passed and sent to the Senate.

Mr. Williamson moved for leave and presented a Bill for incorporating the Protestant Episcopal Church in the County of Chowan, which was read for information.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We propose to send an address to his Excellency Governor Richard Caswell, Esqr., informing him of his reappointment, &c.

Likewise we have added Mr. James Gillispie and Mr. Guilford Dudley to the nomination for Members of the Council of State.

At the same time received the address above referred to, which being read was agreed to, and Mr. Blount and Mr. B. Williams appointed on the part of this House to wait npon his Excellency with the same.

Ordered, that Mr. J. Blount, Mr. West and Mr. Coleman have leave to absent themselves from the service of this House until Tuesday next.

The Bill for establishing and erecting a Town in the County of Lincoln was read the Second time, amended, passed and sent to the Senate.

Resolved that the claim of Mr. Avery for services performed as Attorney General be referred to the Committee of Claims.

Mr. Person from the Committee to whom was referred his Excellency the Governor's Message &c., delivered in the following report, vizt:

Your Committee on examining the Journals of the Council since the commencement of the administration of the present Governor find that the following warrants have been issued vizt:

No.
1.
In favour of Patrick Cleary in lieu of one granted by the General Assembly.
£1425,8.—
2.
In favour of the Honbl. Wm. Blount to enable him to enter on the duties of the office of Delegate.
£256.—
3.
In favor of the Honbl. William Blount as agent to attend the Treaty to be held by the Continental Commissioners with the So. Indians for which he is to be accountable.
£160.—
-------------------- page 335 --------------------
4.
In favour of his private Secretary for defraying the expences of expresses for which he is accountable.
£118—9.—
5.
In favour of his private Secretary to discharge such draughts as may be made by the Commissioners for holding Treaties with the Indians.
£1733.6—8
6.
In favor of John Hunt, Esqr.,for the purpose of getting the Laws of this State printed in Virginia.
£200.—
7.
In Favour of the Honbl. Wm. Blount for defraying the expence Transporting the Goods appropriated by an act passed at Hillsboro in May, 1783, intituled an act for appointing an agent and holding a Treaty with the Cherokee Indians, and for other purposes, for which sum he is to account.
£1 000.—
8.
In favour of Thomas Davis to enable him to procure paper for printing the Laws.
£5 0.
Amots. of Warrants issued.
£4943—3—8

And are of the opinion that it appears by the Journals now on your table that the Governor in all those cases have been directed by the advice of his Council.

THOMAS PERSON, Chn.

The House adjourned till 3 O'Clock P. M.

The House met according to adjournment.

Ordered that Mr. Carroll and Mr. McDaniel have leave to absent themselves from the service of this House for three Days and Mr. Singleton until Tuesday next.

Mr. Polk from the Joint ballotting for a Council of State, and the place at which the next Assembly shall be held, Reported.

That, James Gillispie, Joseph Leech, John Hawks, John Spicer and Doctr. William McClure, Esquires, were Elected Members of the Council of State by a Majority of the votes of the two Houses of the General Assembly.

-------------------- page 336 --------------------

That there is yet to be ballotted for, two Councillors and the place at which the next Assembly shall be held.

The House taking the said Report into consideration concurred therewith.

The House adjourned til Monday Morning ½ after 9 O'Clock.


Monday, 12 December, 1785.

The House met according to adjournment.

Mr. Davis Flowers, one of the Members for Brunswick County appeared, was qualified and took his seat.

Received from the Senate the following Bills, vizt:

A Bill to amend an act for establishing a Town on the Lands of Richard Evans, &c.

A Bill to ratify and confirm a judgment of Duplin County Court in favor of John Sampson Young.

A Bill to erect a District court of Law and Equity at Fayetteville and other purposes.

A Bill for laying out a Town on the lands of Jesse Peacock in the County of Sampson.

A Bill to vest the estate of Richard Caswell, Junr., in Trustees for the benefit of his creditors.

A Bill for establishing an Academy at Kinston in the County of Dobbs.

A Bill to amend the several acts heretofore passed for regulating the Town of Wilmington.

A Bill for Inspection of Tobacco in certain Western Counties.

A Bill to prevent the stoppage of fish from running up Cape Fear River, Deep River, Haw River and Rocky River.

A Bill to establish a Town in the fork of the Cumberland and Red river on the East side of Red river in Davidson County respectively endorsed in Senate, read the first time and passed.

Received also a Bill for levying a Tax in the District of Halifax to discharge a balance due for the repairing the Court house and Jail of said District, endorsed in Senate, read the second time and passed.

Received from the Senate the Report of the Committee for destroying Money, endorsed, read and Concurred with, which being read was concurred with by this House.

-------------------- page 337 --------------------

Received also a Message from his Excellency the Governor with sundry Letters and Resolutions of Congress, respectively endorsed, read and referred as by the Commons

Received also the Accts. of the Honbl. Richard Dobbs Spaight, Esquire, as Delegate from this State in Congress, endorsed in Senate, read and referred to a special Committee. The members chosen are Mr. Harrington and Mr. Lightfoot, which being read was referred on the part of this house to Mr. Polk Mr. Dickens, Mr. Thomas and Mr. Montfort.

Mr. Williamson from the Committee appointed to consider the most expeditious mode by which the Laws and Journals may be printed Reported.

That the several Printers in Newbern have delivered in their proposals for printing the Laws and Journals which are herewith submitted to the consideration of the General Assembly.

HUGH WILLIAMSON, Chn.

On motion of Mr. Person, seconded by Mr. Williamson, Resolved that this House do accept the proposals of Arnett and Hodge for dispatching the whole of the public printing of this State and binding paper for the sum of five hundred Pounds per year.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen.

This House propose if agreeable to the House of Commons to proceed immediately to the election of two Delegates to represent this State in Congress the present year, two Councillors of State and the place at which the next Assembly shall sit, and put in nomination for Delegates, William Cumming and John B. Ashe, Esquires.

For Councillors, Spier Singleton, Green Hill, Joseph Green, Guilford Dudley, Doctor King and Abraham Shepard, Esquires; for the place at which the next Assembly shall sit NewBern and Fayetteville.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

We agree to ballot immediately for two Delegates, to serve for the

-------------------- page 338 --------------------
remainder of the present year in the room and stead of Mr. Spaight and Mr. Osborn who have declined serving. For the place of holding the next Assembly and the Councillors, Mr. Ashe has directed his name to be withdrawn from the nomination for Delegate. We add to your nomination for Delegates James White, Esquire and William Waters, Esquire.

Mr. Polk from the joint Balloting for two Delegates, two Councillors and the place for holding the next General Assembly at:

Reported that William Cumming and James White Esquires, were Elected Delegates, and Green Hill, Esquire Councillor by a majority of the votes of the two houses of the General Assembly and that Fayetteville had a majority of votes for the place to hold the next Assembly at.

That there is yet one Councillor to be elected.

The House taking the said Report into Consideration Concurred therewith.

The Bill for laying out a town on the Lands of Jesse Peacock in the County of Sampson, was read the first time passed and sent to the Senate.

Ordered that Mr. Ashe and Mr. Neale be appointed with two Members of the Senate to wait upon His Excellency the Governor and acquaint him that the General Assembly was ready to receive him at the State House in order to see him qualify as Governor of the State agreeable to the vote of Saturday last.

Mr. Ashe and Mr. Neale with the two Gentlemen appointed by the Senate accordingly waited upon His Excellency Richard Caswell, Esquire and conducted him into the Council Chamber, where the Senate and Commons had previously assembled, and in their presence he qualified as Governor of the State, by taking and subscribing the State oath, and also an oath of office.

The Bill to alter the manner of holding Elections for Member of the General Assembly for New Hanover County was read the first time, passed and sent to the Senate.

Mr. Hay moved for leave and presented a Bill for increasing the number of judges, for dividing the Superior Courts into different Circuits, and for establishing a Court for the decision of Appeals, and Writs of Error in matters of Law and causes in Equity, which was read the first time, passed and sent to the Senate.

-------------------- page 339 --------------------

The Bill for the relief of the Widows or Children of officers who have dyed in the service of the United States was read the first time, passed and sent to the Senate.

The Bills for recovering part of the Artillery belonging to this State, was read the first time, passed and sent to the Senate.

Mr. Avery moved for leave and presented a Bill directing the mode of levying Executions which was read for information.

The Bill for erecting a Town on the Lands of Whitmill Hill in Martin County, was read the second time, amended passed and sent to the Senate.

Received from the Senate the following Engrossed Bills, vizt:

A Bill for impowering the Commissioners of the Town of Edenton to convey part of the Town Common to the Trustees of Smith's Academy.

A Bill for the relief of the Officers, Soldiers and Seamen who have been disabled in the service of the United States during the late War.

A Bill to establish the Town laid off at Guilford Court House by the name of Martinville.

A Bill to impower the Justices of Hertford and Tyrrell Counties to establish free Ferries in the said Counties and lay a tax for defraying the charges thereof.

A Bill to impower the County Wardens of the poor for the Counties therein mentioned to build houses in their respective Counties for the reception of the poor and other purposes.

A Bill for establishing a Town on the Lands of Mial Scurlock deceased in Chatham County.

A Bill to amend an act intitled an act for opening the Land office and other purposes.

A Bill for dividing the County of Guilford.

A Bill for securing Literary property.

The Bill impowering the Commissioners of the Town of Edenton to convey part of the Town Common to the Trustees of Smith's Academy, was read the third time, passed and sent to the Senate.

Ordered that Mr. Bonds have leave to absent himself from the service of this House after the 17th Instant.

The House adjourned til 5 O'Clock P. M.

The House met according to adjournment and adjourned til To-morrow Morning 10 O'Clock.

-------------------- page 340 --------------------

Tuesday, 13 December, 1785.

The House met according to adjournment.

Mr. Williamson presented the Memorial of Doctr. Charles Pasteur, which being read was referred, to a joint Committee. The Members chosen on the part of this House, are Mr. Williamson, Mr. P. Hawkins and Mr. B. Williams.

The Sheriff of Hyde County certified that Thomas Jordan was reelected, as a member to represent the said County in this House, whereupon Mr. Jordan appeared was qualified and took his seat.

Mr. Oliver presented the Petition of Thomas Flinn, which being read was referred to the Committee of Propositions, and Grievances.

Received from the Senate the following Bills, vizt:

A Bill to alter the manner of holding elections for members of the General Assembly for New Hanover County.

A Bill for appointing a register for registering Grants for Lands lying west of the Cumberland Mountain, &c.

A Bill for the more speedy determining disputes that hath arisen or hereafter may arise from erecting Milldams, &c. A Bill for the regulating of Commerce.

A Bill to alter the times of holding several County Courts of Pleas and Quarter Session in this State.

A Bill to prevent any person from stopping ways leading to houses of religious worship.

A Bill to impower the Wardens of the poor to call to account, all former Sheriffs, Clerks of County Courts and other persons who have not accounted for taxes and fines by them received which are appropriated and intended for the support of the Poor.

A Bill to vest the title of a piece or parcel of Land lying in Granville County in James Cash, &c., respectively endorsed, In Senate, read the first time and passed.

Received from the Senate the Resolve of this House referring the Claim of Mr. Avery to the Committee of Claims, Concurred with.

The Bill for establishing a Town on the Lands of Mial Scurlock, Deceased, in Chatham County was read the third time, passed and sent to the Senate.

The Bill for the dividing of the County of Guilford, was read the third time, passed and sent to the Senate.

-------------------- page 341 --------------------

The Bill for securing Literary property was read the third time, passed and sent to the Senate.

The Comptroller, General, agreeable to a former order of the General Assembly laid before this House a statement of the accts. of this State against the United States together with the following report, vizt.:

In this book is contained all the charges against the United States up to November, 1780, taken from the Journals of Councils of safety, Committees of Claims, &c., by which it is to be observed that, after deducting the sum of £146,766.16.5¼ the amount of sundry credits given the United States, as in Page 229, from £781,341.4.9¼ the amount brought forward to page 130, there will remain due to the to the State the sum of £634,574.8.4.

To which we may suppose to be added ⅞ of the ballance of the account for Certificates, &c., issued by the Auditors, Comptrollers, &c., as per acco'ts herewith rendered, which is,
769,664.3.3.
which two sums amount to
£1,404,238.11.7
To which we may add for sundry allowances made by the Commissioners for settling with the affairs and Soldiers of the Continental Line and other Accounts which have not as yet been returned to the Comptrollers office the sum of
£150,000
making in the whole the sum of
£1,554,238.11.7

of one million five hundred and fifty four thousand two hundred and thirty Eight pounds, eleven shillings and seven pence Specie, to the credit of the State of North Carolina in account with the United States.

The Comptroller begs leave to inform the Honorable Assembly that, the reason why further progress has not been made in these accounts is, that after they had been gone on with a considerable way by distinguishing the Militia from the Continental charges, the Assembly by their resolution dated 31st May, 1784, Resolved, that the Comptroller should intersperse the Militia with other charges. This in the accounts now before you is done, but as the Instruction from the Board of Treasury, to the Commissioner appointed to settle with this State are to settle all accounts in Dollars and ninetieths,

-------------------- page 342 --------------------
the Comptroller apprehends that the whole of the accounts of this State are to be begun anew, but on this, he wishes to have the direction of the Honorable House of Assembly.

FRANS. CHILD, Comptr.

Ordered that the Statement of the acco'ts above referred to and the report of the Comptroller, be referred to the Committee appointed on the Treasurer's accts.

The Bill to erect a District Court of Law and Equity at Fayetteville, was read the first time, amended, passed & sent to the Senate.

The Bill to establish the Town laid off at Guilford Court House by the name of Martinville was read the third time, passed and sent to the Senate.

The Bill to amend an Act Intitled an Act for opening the Land office and other purposes, was read the third time, passed and sent to the Senate.

The Bill to impower the Justices of Hertford and Tyrrell Counties to establish free Ferries in the said Counties and lay a Tax for defraying the charges thereof, was read the third time, passed & sent to the Senate.

The Bill to impower the County Wardens of the Poor for the Counties therein mentioned, to build Houses in their respective Counties for the reception of the Poor and other purposes, was read the third time, passed and sent to the Senate.

The Bill for the relief of the Officers, Soldiers and Seamen, who have been disabled in the service of the United States during the late War, was read the third time, passed and sent to the Senate.

The Bill for appointing Commissioners in the County of Rutherford for building a Court House, prison and stocks in the said County, and for levying a Tax for defraying the expence thereof, was read the first time, passed and sent to the Senate.

The Bill to establish a Town in the fork of the Cumberland and Red river on the East side of Red river in Davidson County was read the second time, passed and sent to the Senate.

The Bill for the Inspection of Tobacco in the Town of Nashville was read the second time, passed and sent to the Senate.

The Bill to establish a Town on the Lands of Thomas Duggan in the County of Randolph, was read the first time and rejected.

-------------------- page 343 --------------------

The Bill to defray the expence of the Members of the General Assembly of this State in traveling to, from and attending at the said Assemblies and for making allowance to the Clerks & Waiters was read the first time and rejected.

Mr. Avery in behalf of himself and others moved for leave to enter reasons of dissent against the vote of the House in rejecting the above Bill.

Ordered that he have leave accordingly.

The Bill for the Inspection of Tobacco in the Town of Windsor, was read the second time, passed and sent to the Senate.

The Bill for Inspection of Tobacco in certain Western Counties was read the second time, passed & sent to the Senate.

Received from the Senate the Memorial of General Rutherford, endorsed In Senate 13 Decr., 1785, read and referred to a joint Committee. The Members on the part of this House are General Harrington, Mr. McCawley and Mr. Gillispie, which being read was referred on the part of this House to Mr. Skinner, Mr. Lock, Mr. McKissick and Mr. Person.

Received from the Senate a Bill for levying a tax for the support of Government and to continue the redemption of Continental Money, old paper Currency, Specie and other Certificates, endorsed, “In Senate read the second time, amended and passed.”

1st Order.

Ordered that the bill for the regulation of Commerce, be read the second time in this House tomorrow.

On motion of Mr. Hay, seconded by Mr. Maclaine, Resolved, that the Public printer be directed to furnish the Members of this House with the Acts of last Session of Assembly.

The Bill for appointing a Register for registering Grants for Lands lying West of the Cumberland Mountain entered in the Land office with John Armstrong, Esquire, and for other purposes.

Mr. Person from the Committee to whom was referred the Petitien of James Williams delivered in a report, on the said Petition which being read was rejected.

Received from the Senate the Memorial of Charles Pasteur, endorsed In Senate 13 Decr., 1785, read and referred on the part of this House to Mr. Payne, Mr. Alexander and Mr. Hill.

Received also the Petition of Edmund McNeal, endorsed, “In Senate the 13 Decr., 1785, read & referred to the Committee of

-------------------- page 344 --------------------
Propositions and Grievances,” which being read was referred as by the Senate.

Received from the Senate a Message proposing to appoint a joint Committee to prepare and bring in “a bill to amend and explain the ambiguities in the Confiscation Laws,” which being read, was rejected.

Received from the Senate the following Bills, vizt.:

A Bill to enable the Public Treasurer more effectually to recover public monies that are now due or hereafter may become due.

A Bill for the relief of the Widows or Children of officers who have dyed in the service of the United States.

A Bill to establish a Superior Court of law and Equity of Davidson.

A Bill to alter the place of holding the County Court of Beaufort County from Bath to the Town of Washington in said County and to erect a new Court house, &c., endorsed, “In Senate read the first time and passed.”

Received also a Bill for appointing Commissioners in the County of Rutherford for building a Court House, Prison and Stocks in said County, &c., Endorsed, “In Senate read the second time & passed.”

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

The House met according to adjournment.

The Bill for impowering the Court of Randolph County to adjourn to the place which they shall think most convenient for holding the same, was read the second time, passed and ordered to be Engrossed.

Received from the Senate the following Bills, vizt.:

A Bill for confirming titles to Lands therein described.

A Bill to encourage the destruction of Bears, wolves and other wild and destructive Creatures in the several Counties in this State, respectively endorsed, “In Senate, read the first time and passed.”

The Bill for the relief of the Widows or Children of officers who have dyed in the service of the United States was read the second time, passed and sent to the Senate.

-------------------- page 345 --------------------

The Bill to erect and establish a public school in the County of Duplin was read the first time, passed and sent to the Senate.

The Bill to secure and quiet in their possessions all such persons their Heirs and assigns who have purchased or may hereafter purchase Lands and Tenements, Goods and Chattels which have been sold, or may hereafter be sold by Commissioners of forfeited Estates legally appointed for that purpose, was read the first time, passed and sent to the Senate.

The Bill to enable the Public Treasurer more effectually to recover Public Monies that are now due or hereafter may become due was read the first time, passed and sent to the Senate.

The Bill to vest the Estate of Richard Caswell, Junr., in Trustees for the benefit of his Creditors, was read the first time, passed & sent to the Senate.

Received from the Senate a bill to impower the Commissioners therein mentioned to sell the Palace and public Lots to the same belonging in the Town of NewBern, endorsed “In Senate read the first time & passed.”

Received also a Bill to prevent the distillation of Spirituous Liquors from Grain in the County of Davidson for a time therein mentioned, endorsed, “In Senate read the second time & passed.”

Mr. Person moved for leave and presented a Bill for Emitting—Pounds in paper Currency, &c., which was read for information.

2nd Order.

Ordered that this bill be read for the first reading in this House Tomorrow.

The Bill to ratify and confirm a Judgment of Duplin County Court in favour of John Sampson Young was read the first time and rejected.

3rd Order.

Ordered that the following Bills be read the second time in this House Tomorrow, vizt.:

A Bill to appoint and enable—to collect and publish in one or more volumes all the acts of the General Assembly which are now in force in this State.

A Bill to preclude certain Foreigners therein mentioned from holding any office of profit or trust in this State unless for meritorous services.

-------------------- page 346 --------------------

Ordered that the Bill for incorporating the protestant Presbyterian Church of Wilmington be read the second time in this house To-morrow.

The Bill to amend the several Acts heretofore passed for regulating the Town of Wilmington, and to regulate and restrict the conduct of Slaves and others in the said Town and in the Towns of New-Bern, Washington, Edenton and Fayetteville was read the second time amended passed and sent to the Senate.

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


Wednesday, 14 Decr., 1785.

The House met according to adjournment.

Received from the Senate the following Bills, vizt:

A Bill declaring the Lots in the Town of Washington, also the several Lots in this State which have been sold by the Commissioners of Confiscated property saved Lots.

A Bill for recovering part of the Artillery belonging to this State respectively endorsed read the first time and passed.

Received also the following Bills vizt:

A Bill to impower Robinson Mumford and James Porterfield to receive storage for Tobacco &c.

A Bill for establishing a Town in Duplin County on the Lands of William Houston, Senr.

A Bill for laying out a Town on the Lands of Jesse Peacock in the county of Sampson, respectively endorsed, “In Senate read the second time and passed.”

Received also the Engrossed Bill for annexing a part of the County of Pitt to Beaufort County.

The House resumed the consideration of the report of the Committee of Propositions and Grievances on the claim of John Bartholomew and Edward Harris, whereupon it was resolved to recommit the said Report.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We do not concur with the report of the Committee of Propositions and Grievances, on the claim of J. Bartholomew and Edward Harris, but propose that it be recommitted.

-------------------- page 347 --------------------

Received from the Senate the Claim of George Hicks, endorsed, “In Senate read and referred to the Committee of Claims,” which being read was referred as by the Senate.

Received from the Senate the report of the Committee on a Letter from Mr. Bloodworth, Concurred with by that House, which being read was concurred with by the Commons.

Received from the Senate the report of the Committee on the Petition of Hannah Davis, concurred with by that house, which being read was concurred with by the Commons.”

Received from the Senate the report of the Comptroller &c., endorsed “In Senate 14 December read and referred as by the Commons.”

Mr. Maclaine moved for leave and presented a Bill to direct the proceedings on proving Wills and granting Letters of Administration, which was read for information.

Mr. Maclaine moved for leave and presented a bill directing that marriage contracts shall be registered and for preventing injury to creditors which was read for information.

Received from the Senate the Report of the Committee to whom was referred the Memorial of George Alston endorsed “In Senate read and concurred with,” which being read was recommitted by this House.

Received from the Senate the report of the Committee of Propositions and Grievances on the Petition of Mercy Bedford, endorsed “In Senate read and Concurred with” which being read was recommitted by this house.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House do not concur with with the reports of the Committees, the one on the Memorial of George Alston, the other on the Petition of Mercy Bedford, as they now are, but propose that they be recommitted.

Received from the Senate a Resolve of that House allowing William Wilson six Pounds fifteen Shillings which being read was concurred with.

The Bill for establishing a Town on the Lands of Luke Mezell and William Mackey in Martin County was read the second time amended passed and sent to the Senate.

-------------------- page 348 --------------------

Received from the Senate a Bill for the relief of Mercy Bedford, and to vest in the heirs male of Jonas and Mary Bedford the Landed Estate of the said Jonas Bedford, endorsed “In Senate 14 Decr. 1785 read the first time and passed.”

Received from the Senate the resignation of John Johnston as Major of Rowan County, endorsed “In Senate read and accepted” which being read was accepted by this House.

Received from the Senate a Resolve of that House, releasing the administrators on the Estate of Andrew Rostain from the payment of the Bonds therein mentioned &c., which being read was concurred with.

Received from His Excellency the Governor, the following Message.

To the Honorable the General Assembly:
Gentlemen:

You will be pleased to received herewith an account of Warrants drawn by me on the public Treasury from the 13th of May last to the 13th instant and also my accounts for the three years in which I was employed in the Comptroller's department, the vouchers in support of the latter are ready to be presented to your Honorable Body or such persons as you shall appoint to settle these accounts whensoever the consideration of them is entered upon.

RD. CASWELL.

Ordered that the above acco'ts referred to be referred to the Committee appointed on the Treasurer's acco'ts.

Received from the Senate a Bill to amend an act passed at New-Bern in 1884 intitled “an Act to describe and ascertain such persons who owed allegiance to this State, and to certain disqualifications on certain persons therein described,” endorsed “In Senate read the first time and passed.”

Mr. Maclaine moved for leave and presented a Bill to amend the Law relative to attachment of Property, which was read for information.

The Bill to enable Abner Nash, Esquire to collect and publish in one or more volumes all the acts of the General Assembly which are now in force in this State was read the second time amended passed and sent to the Senate.

-------------------- page 349 --------------------

Received from the Senate a Bill to impower Commissoners to liquidate the acco'ts of the Officers and Soldiers of the Continental Line of this State, endorsed “In Senate read the first time and passed.”

Received from the Senate a Resolve of that House for authorizing the Comptroller to issue a Certificate to Andrew Kennedy in lieu of the one represented to be lost, which being read was rejected.

Received from the Senate the resignation of Windsor Pearce as a Justice of the Peace for Randolph County, endorsed “In Senate read and accepted,” which being read was accepted by this House.

Ordered that the Bill directing the mode of levying Excutions, be read To-morrow for the first reading in this house.

Mr. Hay moved for leave and presented a Bill for increasing the Jurisdiction of the County Courts of Pleas and Quarter Sessions and of the Justices of the Peace out of Court and directing the time of holding the several Courts of this State, which was read the first time and sent to the Senate.

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

The House met according to adjournment.

Mr. Person presented the Petition of a number of the Inhabitants of the Town of NewBern praying for a further Emission of Paper Currency.

Mr. Nash presented the Petition of, a number of the Merchants, traders and others in the Town of NewBern, praying against a further emission of Paper Currency.

The several matters to this day referred being postponed, the House adjourned till To-morrow Morning 9 O'Clock.


Thursday, 15 December, 1785.

The House met according to adjournment.

Received from the Senate the resignation of Rice Blackman as a Justice of the Peace for Sampson County & of Salathiel Martin as a Justice for Surry County, endorsed “In Senate read and accepted,” which being read were accepted by this house.

Received from the Senate the claim of Andrew Kennedy, endorsed “In Senate read and referred to the Committee of Claims,” which being read was referred as by the Senate.

-------------------- page 350 --------------------

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We agree that the Petition of George Alston and Mercy Bedford be again recommitted.

Received from the Senate a Message from His Excellency the Governor, with his Acco'ts as Comptroller endorsed “In Senate read and referred as by the H. of Commons.”

Received from the Senate the following Engrossed Bills vizt:

A Bill for Inspection of Tobacco in Certain Western Counties.

A Bill to amend an Act to impower the County Courts of Pleas and Quarter Sessions of the several Counties in this State to order the laying out public roads and to establish and settle Ferries and to appoint where Bridges shall be built and to clear inland rivers and creeeks endorsed “In Senate read the third time and passed.”

Ordered that these bills be read the third time in this House Tomorrow.

Received from the Senate the Bill to vest the Estate of Richard Caswell junr. in Trustees for the benefit of his Creditors, endorsed “In Senate read the Second time and passed.”

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We agree that the claims of John Bartholomew and Edward Harris be recommitted.

The Bill to direct the proceedings on proving Wills and Granting Letters of Administration, was read the first time passed and sent to the Senate.

Received from the Senate a Bill to secure and quiet in their possession all such persons their Heirs and assigns who have purchased or may hereafter purchase Lands and Tenements, Goods and Chattels which have been sold or may hereafter be sold by Commissioners of forfeited Estates legally appointed for that purpose endorsed “In Senate 14 Decr. 1785, read the second time and passed.”

Ordered that the Bill to regulate the Naval officers' fees, be read the second time in this House To-morrow.

Ordered that Mr. Sherrod have leave to absent himself from the

-------------------- page 351 --------------------
service of this house To-morrow Morning, and Mr. Sheppard after the 17th Instant.

On motion of Mr. Nash, seconded by Mr. Hay, Resolved that the house Resolve itself into a Committee of the whole house to take under consideration the amendments necessary to be made in the Bill for emitting Paper Currency. The House Resolved itself into a Committee of the whole House accordingly, John B. Ashe Esquire in the Chair. After some time spent therein Mr. Speaker resumed the Chair and Mr. chairman, made report of the amendments recommended by the Committee, which were approved of by the House, whereupon it was ordered that the amendments as Reported by the Chairman of the Committee be made in the Bill, which being done,

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

The House met according to adjournment.

The Bill for emitting one hundred Thousand Pounds in Paper Currency for the purposes therein expressed, was read the first time passed and sent to the Senate.

The Bill to establish a Superior Court of Law and Equity in the County of Davidson was read the first time, passed and sent to the Senate.

Ordered that Mr. Isler have leave to absent himself from the service of this house until Tuesday next, and Mr. Thomas during the session, after Sunday next.

Ordered that Mr. Hall have leave to withdraw the bill to impower the late Commissioners, Sheriffs, &c., to collect arrears of Taxes for amendment.

The Bill directing that marriage settlements and other marriage contracts shall be registered, and for preventing injury to creditors, was read the first time, passed and sent to the Senate.

The Bill for enabling the Comptroller to settle all claims against the State for services performed during the war, was read the first time and rejected.

The Bill to extend the lines between Burke & Rutherford Counties, was read the first time, passed and sent to the Senate.

The Bill directing the mode of levying Executions was read the first time, passed and sent to the Senate.

-------------------- page 352 --------------------

The Bill for establishing an Academy at Kinston in the County of Dobbs, was read the first time, passed and sent to the Senate.

Ordered that Mr. Martin have leave to absent himself from the service of this house after Tuesday next.

The House adjourned til To-morrow Morning, 10 O'Clock.


Friday, 16 December, 1785.

The House met according to adjournment.

Mr. Hay moved for leave and presented a Bill to impose certain Taxes on Law Proceedings for the purposes therein mentioned, which was read the first time, passed and sent to the Senate.

Received from the Senate the following Bills, vizt:

A Bill for increasing the Jurisdiction of the County Courts of Pleas and quarter Sessions and of the Justices of the Peace out of Court and directing the time of holding the several County Courts of this State.

A Bill for increasing the number of Judges, for dividing the Superior Courts into different Circuits and for establishing a Court for the decision of Appeals, and Writs of Error, in matters of Law and causes in Equity, endorsed “In Senate, read the first time and passed.”

Ordered that these Bills be read the second time in this House To-morrow.

Received from the Senate the following Engrossed Bills, vizt:

A Bill for the Inspection of Tobacco in the County of Surry.

A Bill to allow a further time for saving Lots in the several Towns within this State.

A Bill for appointing a Treasurer in the District of Edenton, for the purpose of calling to account the Commissioners for building a Public Gaol in the District aforesaid.

A Bill for Inspection of Tobacco in the County of Davidson, in the Town of Nashville, on Cumberland River.

A Bill impowering the Commissioner appointed to settle the acco'ts between the United States and the State of North Carolina, or the Creditors of the United States within the said State, to call Witnesses and examine them upon oath or affirmation touching such accounts.

Received also a Bill to direct the proceedings on proving Wills

-------------------- page 353 --------------------
and granting Letters of Administration, endorsed, “In Senate, read the first time and passed.”

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We have added Mr. Coor, Mr. Harrington, Mr. Moore, Mr. Macon, Mr. Spicer and Mr. Lewis to the Committee appointed to report on the Treasurer's accounts.

Received from the Senate the Memorial of John Geddy, endorsed “In Senate read and referred to a select Committee. The members on the part of this House are Mr. Payne and Mr. McCawley,” which being read was referred on the part of this House to Mr. Skinner, Mr. Phillips and Mr. Montgomery.

Mr. Durham Hall presented the Memorial of Benjamin Seawell, which being read was referred to the Committee appointed on the Memorial of John Geddy.

Received from his Excellency the Governor, the following Message:

To the Honorable the General Assembly:
Gentlemen:

As applications have been made for a considerable number of Grants and Commissions to be now issued, previous to the same being struck off I think it necessary to submit to your approbation the following additions to the Stile and Test of Grants and Commissions to be issued in future, vizt: In the Stile I propose to add to The State of North Carolina, by the grace of God Free and Independent, and to the Test after the word Witness our Trusty and well beloved our Governor, &c.

By these additions such Grants and Commissions will carry with them, according to my Ideas, greater Dignity and will be more consistent, with the Sovereignty and Independence of a Free People.

RD. CASWELL.

NewBern, Dec. 16, 1785.

Ordered that the above Message be sent to the Senate.

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Mr. Dickens moved for leave and presented a Bill for keeping the principal offices of State in the Town of Hillsborough, which was read the first time and rejected.

On the question shall this bill pass, or not pass, the yeas and nays were required by Mr. Person, which are as follows, vizt:

Yeas:
Nays:
Messr. Dickens,
Messr. Blount,
Messr. White,
Messr. Smaw,
Messr. Stewart,
Messr. Oliver,
Messr. Rhodes,
Messr. Collins,
Messr. Griffith,
Messr. Williamson,
Messr. E. Roberson,
Messr. Smith,
Messr. D. Hall,
Messr. Sawyer,
Messr. Person,
Messr. Coleman,
Messr. Hamilton,
Messr. Sheppard,
Messr. McKissick,
Messr. Polk,
Messr. Sloan,
Messr. Ashe,
Messr. Cain,
Messr. Montgomery,
Messr. J. Taylor,
Messr. Manney,
Messr. W. Hawkins,
Messr. S. Riddick,
Messr. Hayes,
Messr. Symons,
Messr. McDonald,
Messr. Bonds,
Messr. C. Roberson,
Messr. Moye,
Messr. Hinton,
Messr. Montfort,
Messr. Dodd,
Messr. Cabarrus,
Messr. Moore,
Messr. Martin,
Messr. Franklin,
Messr. B. Williams,
Messr. Lewis, Senr.,
Messr. H. Bryan,
Messr. Hill,
Messr. T. Jordan,
Messr. McDowall,
Messr. Skinner,
Messr. Dickson,
Messr. R. Riddick,
Messr. Courtney,
Messr. Handley,
Messr. Gardner,
Messr. Maclaine,
Messr. Carrol,
Messr. Whitaker,
Messr. Lennard,
Messr. Hay,
Messr. Lock,
Messr. Phillips,
-------------------- page 355 --------------------
Yeas:
Nays:
Messr. Berger,
Messr. Diggs,
Messr. Robins,
Messr. Pasteur,
Messr. Phifer,
Messr. Smithwick,
Messr. Alexander,
Messr. S. Williams,
Messr. Richardson,
Messr. Edmunds,
Messr. Covington,
Messr. Wood,
Messr. Webb,
Messr. W. Taylor,
Messr. C. Hall,
37
Messr. Cox,
Messr. J. P. Williams,
Messr. Flowers.
41

The Bill to amend the Law relative to attachments of property was read the first time, passed and sent to the Senate.

Received from the Senate the following Bills, vizt:

A Bill for emitting one hundred Thousand Pounds in paper Currency for the purposes therein expressed, endorsed “In Senate read the first time and Passed.”

A Bill for establishing an Academy at Kinston in the County of Dobbs, and to amend an Act for establishing an Academy in the District of Salisbury, endorsed “In Senate read the second time, amended and passed.”

The Bill to amend the Acts passed for purchasing a lot in the Town of Wilmington for the purpose of building a Jail for the district of Wilmington, and for repairing the Court House of the said District, was read the first time, passed and sent to the Senate.

The Bill to impower Commissioners to liquidate the acco'ts of the Officers and Soldiers of the Continental Line of this State, was read the first time, passed and sent to the Senate.

Received from the Senate the Memorial of Benjamin Seawell, endorsed, “In Senate read and referred as by the Commons.”

The Bill for appointing and laying out a Town on New River, at or near Onslow Court House, &c., was read the first time and rejected.

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Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We propose that the subject matter contained in his Excellency the Governor's Message, be agreed to by the General Assembly.

The House taking the said Message and the subject matter therein referred to into consideration, rejected it.

The Bill to vest the title of a piece or parcel of Land lying in Granville County, in James Cash and his Heirs in fee simple, was read the first time, passed and sent to the Senate.

The Bill to amend the Act for making provision for the Poor, was read the first time, passed and sent to the Senate.

The Bill to impower the Commissioners therein mentioned to sell the Palace and Public Lots to the same belonging, in the Town of NewBern, was read the first time, passed and sent to the Senate.

The Bill to amend an Act for establishing a Town on the Lands of Richard Evans, by the name of Martinborough, passed at Newbern in November, 1771; also one other act to amend the before recited act passed at NewBern in March, 1774, was read the first time, passed and sent to the Senate.

Received from the Senate the following Bills, vizt:

A Bill directing that Marriage settlements and other Marriage contracts shall be registered, &c.

A Bill to extend the lines between Burke and Rutherford Counties, endorsed “In Senate read the first time and passed.”

A Bill to establish a Superior Court of Law & Equity in the County of Davidson, endorsed “In Senate read the second time, amended & passed.”

The Bill for establishing a Town on the Lands of Thomas Relfe was read the first time and rejected.

The Bill to amend an Act, intitled an Act for the better observation and keeping of the Lord's Day commonly called Sunday, and for the effectual suppression of vice and immorality, was read the first time, passed and sent to the Senate.

The Bill to amend an Act passed at NewBern in 1784, intitled an Act to describe and ascertain such Persons who owed allegiance to this State and to impose certain disqualifications on certain Persons therein described, was read the first time, passed and sent to the Senate.

-------------------- page 357 --------------------

Mr. Dickens from the Committee to whom was referred the Treasurer's acco'ts, Reported as follows: That they have examined the same and find the acco'ts in the Treasurer's Books and vouchers, agree as by the statement therewith.

Your Committee further report that since this statement was made the Sum of Eight hundred and twelve Pounds two Shillings of the Current Money of this State and the sum of 110,283,8½ old Dollars, Depreciation 800 for one, equal to the sum of five hundred and fifty-one Pounds, eight Shillings and four pence was burnt by a committee appointed for that purpose. It also appears that the sum destroyed is more than the Sum due by this acco't which is occasioned by Money received by the Treasurer since the acco't was stated and not brought into the same.

Your Committee beg leave to suggest that they are of opinion, that the grants and warrants issued by the General Assembly and Governor, and certificates now in the Treasury ought to be defaced by some means so as to prevent them from circulation hereafter, should any accident happen, all which is submitted.

R. DICKENS, Chn.

Received from the Senate the report of the Committee on the Memorial of George Alston, which being read, the following Message was ordered to be sent to the Senate:

Mr. Speaker and Gentlemen:

This House cannot concur with the report of the Committee on the Memorial of Mr. Alston as it was agreed to by the Senate, but propose deleing all but that part, recommending a bill to be brought in to vest in Mary Alston Bell the Land and negro therein mentioned. If the Senate will make the report conformable to this proposition the Commons will then concur with it.

The House adjourned till To-morrow morning, 10 O'clock.


Saturday, 17 December, 1785.

The House met according to adjournment.

Mr. Nash presented the Memorial of Memucan Hunt, Public Treasurer, which being read was referred to Mr. Williamson, Mr. Person and Mr. Blount on the part of this House, who are to report

-------------------- page 358 --------------------
in what manner the Certificates in his possession are to be marked so as to prevent future circulation.

Received from the Senate the following Bills, vizt:

A Bill to impose certain Taxes on law proceedings for the purposes therein mentioned.

A Bill to amend the Acts passed for purchasing a lot or lots in the Town of Wilmington for the purpose of building a Jail for the District of Wilmington, &c., respectively endorsed “In Senate read the first time and passed.”

Received from the Senate the Memorial of Charles McDowall, endorsed “In Senate read and referred to the Committee appointed on the Treasurer's Acco'ts,” which being read was referred as by the Senate.

Received from the Senate a Message, proposing that the Estimate of allowances to the Members be made to include Saturday next, which being read was ordered to lie on the Table.

Received from the Senate a Resolve of that house directing the Secretary to Copy the Laws therein mentioned and lay before the next Assembly, &c., which being read was ordered to lie on the Table.

Received from the Senate a Resolve of that house for appointing Martin & Co., Public Printers, which being read was rejected, whereupon,

On Motion of Mr. Williamson, seconded by Mr. Hay, Resolved that a Committee of three Members of this House be appointed to prepare and bring in a bill to ascertain the duties of the Public Printer. The members chosen for this purpose, are Mr. Williamson, Mr. Hay and Mr. Maclaine.

Mr. Person presented the Memorial of John Wright and Wright Stanley, Merchants in the Town of Newbern, &c., which being read was referred to a joint Committee. The Members chosen on the part of this House for that purpose are Mr. Person, Mr. Blount and Mr. Williams.

Mr. Blount presented the Petition of Josiah Parker, which being read was referred to the Committee appointed on the Memorial of Messrs. John Wright and Wright Stanley, Merchts., &c.

-------------------- page 359 --------------------

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We have added Colonel Herndon to the Committee appointed to report on the Treasurer's Accounts, &c.

Ordered that Mr. Pasteur and Mr. Covington have leave to absent themselves from the service of this House.

The Bill for incorporating the Protestant Presbyterian Church of Wilmington, was read the second time, amended and passed.

On the question shall this bill pass or not pass, the yeas and nays were required by Mr. Person which are as follows, vizt:

Yeas—Messrs. Blount, Smaw, Oliver, Collins, Avery, Neale, Williamson, Smith, Sawyer, Dickens, White, Coleman, Stewart, Rhodes, Polk, Ashe, Montgomery, Manney, Hamilton, S. Riddick, McKissick, Sloan, Symons, Cabarrus, Hayes, Martin, B. Williams, H. Bryan, Everagin, Thomas, R. Riddick, Hinton, Dodd, Maclaine, Hay, Dickens, Pasteur, Gardner, Rowan, Smithwick, S. Williams, Wood, Carrol, Lennard, Berger, Alexander, Richardson, Starkey, C. Hall, Cox, J. Pugh, Williams and Flowers.

Nays—Messrs. Ferebee, Sheppard, E. Roberson, Person, Bonds, Cain, Moye, J. Jordan, W. Hawkins, J. Taylor, Eborn, T. Jordan, McDowall, Skinner, C. Roberson, Moore, Franklin, Lewis, Hill, McDonald Whitaker, Philips, Diggs, Courtney, West, Lock, Robins, W. Taylor, Phifer, Webb, Covington.

Ordered that the said Bill be sent to the Senate:

The Bill for increasing the number of Judges, for dividing the Superior Courts into different Circuits, and for establishing a Court for the decision of Appeals, Writs of Error and matters of Law and causes in Equity, was read the second time, amended, passed and sent to the Senate.

Received from the Senate the report of the Committee on the Memorial of Benjamim Seawell, endorsed “In Senate read and concurred with,” which being read was ordered to lie on the Table.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We agree to the proposed amendment in the Report of the Committee on the Memorial of George Alston, Esq.

-------------------- page 360 --------------------

Received from the Senate the Memorial of Philip Alston, endorsed “In Senate read and referred to a special committee, the Members chosen, Genl. Rutherford, Genl. Harrington, Mr. McDowall and Mr. McCawley,” which being read was referred on the part of this House to Mr. Maclaine, Mr. Diggs, Mr. Cain, Mr. Alexander and Mr. Richardson.

The House adjourned til 5 O'clock, P. M.

The House met according to adjournment.

Received from the Senate the following Bills, vizt:

A Bill to enable the Public Treasurer more effectually to recover the Public Monies that are now due, or hereafter may become due.

A Bill vesting certain property lying and being in Granville County in Mary Alston Bell in fee Simple, endorsed, “In Senate read the first time and passed.”

A Bill to amend the act for making provision for the Poor.

A Bill to amend an act for establishing a Town on the Lands of Richard Evans, &c.

A Bill to amend an Act passed at NewBern in 1784, entitled “an Act to describe and ascertain such Persons who owed allegiance, &c.,” respectively endorsed “In Senate read the second time and passed.”

The Bill to alter the place of holding the County Court of Beaufort County from Bath to the Town of Washington in said County, and to erect a new Court House, Prison, Pillory and Stocks in said County was read the second time, passed and sent to the Senate.

Received from the Senate the Petition of Josiah Parker, and the Memorial of Messrs. John Wright and Wright Stanley, endorsed, “read and referred as by the Commons.”

Ordered that the Bill for emitting one hundred thousand Pounds be read the second time in this house on Monday next.

Received from the Senate the Memorial of Memucan Hunt, endorsed, “In Senate read and referred to Mr. Coor and Mr. Macon.”

The Bill vesting Certain property lying and being in Granville County in Mary Alston Bell in fee Simple was read the first time, passed and sent to the Senate.

Received from the Senate the Memorial of Isaac Gregory, endorsed “In Senate read and referred to the Committee appointed to report

-------------------- page 361 --------------------
on the acco'ts of General Rutherford,” which being read was referred as by the Senate.

Ordered that the following Bills be laid over until the next Assembly, vizt.:

A Bill for establishing a Town on the Lands of Andrew Bass.

A Bill to regulate the Town of Edenton.

A Bill to repeal the fourth Section of an Act of the last General Assembly intitled “an act to explain, amend and supply the deficiencies of an Act to regulate the descent of real Estates, &c.”

The Bill to alter the manner of holding Elections for Members of the General Assembly for New Hanover County was read the second time, amended, passed and sent to the Senate.

Received from the Senate a Bill to vest the title of a piece or parcel of Land lying in Granville County in James Cash & his Heirs in fee Simple endorsed, “In Senate, read the second time and passed.”

Received also the Engrossed Bills for impowering the Court of Randolph County to adjourn to the place which they shall think most convenient for holding the same.

On motion Mr. Williamson, seconded by Mr. Person, Resolved, that a Committee consisting of three Members, be appointed to prepare and bring in a Bill to quiet the Inhabitants of certain Western Counties. The Members chosen are Mr. Person, Mr. Hay & Mr. Blount.

The Bill for the more speedy determining disputes that hath arisen or hereafter may arise in the Counties of Rowan, Mecklenburg, Rutherford, Guilford and Lincoln from erecting Mill Dams and to prevent persons from building Mills as herein described was read the first time, passed and sent to the Senate.

The Bill for the Inspection of Tobacco in certain Western Counties, was read the third time and passed.

The Bill for annexing a part of the County of Pitt to Beaufort County was read the third time, passed and sent to the Senate.

The Bill for laying out a Town on the Lands of Jesse Peacock in the County of Sampson, was read the second time, passed, ordered to be Engrossed.

The Bill for levying a Tax in the District of Halifax to discharge a balance due for repairing the Court House and Jail of said District was read the second time, passed and ordered to be Engrossed.

-------------------- page 362 --------------------

Mr. S. Williams presented the resignation of Whitmill Hill, Esquire, as Colonel of Martin County, which being read was accepted by this House.

The following Bills were read the third time, passed and sent to the Senate, vizt.:

A Bill for Inspection of Tobacco in the County of Davidson in the Town of Nashville on Cumberland River.

A Bill to amend “an Act to impower the County Courts of Pleas and Quarter Sessions of the several Counties in this State to order the laying out Public roads and to establish and settle ferries and to appoint where Bridges shall be built and to clear inland rivers and Creeks.”

A Bill impowering the Commissioner appointed to settle the accounts between the United States, and the State of North Carolina or the Creditors of the United States within the said State to call Witnesses and examine them upon Oath or affirmation touching such Accounts.

A Bill to allow a further time for saving Lotts in the several Towns within this State.

A Bill for impowering the Court of Randolph County to adjourn to the place which they shall think most convenient for holding the same.

A Bill for appointing a Treasurer in the District of Edenton for the purpose of calling to account the Commissioners for building a Public Gaol in the District aforesaid.

A Bill for the Inspection of Tobacco in the County of Surry.

The House adjourned til Monday Morning, 10 O'clock.


Monday, 14 December, 1785.

The House met according to adjournment.

Mr. Blount presented the Petition of Thomas and Titus Ogden, which was referred by the last, to the present Assembly, which being read was referred to the Committee to whom was referred the Memorial of Josiah Parker.

Mr. Maclaine moved for leave and presented a Bill to amend an Act directing the mode of proceedings against the real estates of declared debtors where the personal estate is insufficient for the payment of the debts, which was read the first time, passed and sent to the Senate.

-------------------- page 363 --------------------

Received from the Senate the following Engrossed Bills, vizt.:

A Bill for the Inspection of Tobacco in the Town of Windsor.

A Bill to amend an Act to establish the Town of Morgan and to direct the building a Court House and Prison in the Same for the district of Morgan.

A Bill for erecting a Town on the Lands of Luke Mezell and William Mackey in Martin County.

A Bill for the better regulation of the Town of Tarborough.

Received from the Senate the following Bills, vizt.:

A Bill for the disposing of the Public buildings commonly called the palace and six Acres of Land in NewBern whereon the said buildings are erected.

A Bill for establishing a Militia in this State, endorsed, “In Senate, read the first time and passed.”

The Bill to amend an Act passed at Hillsborough the 27 of October, 1784, Intitled “an Act for appointing Collectors of the Imports at the several Ports of the State, and for regulating the duty of Naval officers, the officers of the Customs and Masters of Vessels,” was read the second time, amended, passed and sent to the Senate.

Received from the Senate the report of the Committee on the Memorial of John Geddy, and the Acco't of Charles Pasteur endorsed, “In Senate read and concurred with” which being read was concurred with by this House.

Received from the Senate the report of the Committee on the Memorial of Colonel Philip Alston, endorsed, “In Senate read and concurred with,” which being read was concurred with by this house.

Mr. Hay on behalf of himself and others moved for leave to enter reasons for dissenting against the resolution of the house in concurring with the said Report, Ordered that he have leave accordingly.

On motion of Mr. Person, seconded by Mr. Blount, Resolved, that the Comptroller be directed to lay before this House his Books.

Received from the Senate a Resolve of that house directing the Comptroller to credit Colonel John Tillman in his Books the sum of Two hundred and six Pounds, &c., which being read was concurred with by this house.

Mr. Williamson moved for leave and presented a Bill for ascertaining

-------------------- page 364 --------------------
the Duties and Salary of the Public Printer, which was read the first time, passed and sent to the Senate.

Received from the Senate the Memorial of the Honbl. Richard Dobbs Spaight, Esquire, endorsed “In Senate, read & referred to a joint Committee, the Members on the part of this house, General Rutherford, Mr. Gillispie, Mr. Easton & Mr. Lightfoot,” which being read, was referred by this house to Mr. Nash, Mr. Lock and Mr. P. Hawkins.

Received from the Senate the Petition of Thomas and Titus Ogden, Endorsed “In Senate read and referred as by the Commons.”

Received from the Senate a Bill to Erect and establish an Academy in the County of Duplin, endorsed “In Senate read the second time, amended and passed.”

Mr. Polk moved for leave and presented a Bill to amend and explain an Act for opening the Land office and for adding a part of the officer's boundary to the County of Davidson, which was read for information.

Mr. Cabarrus presented the Petition of the Merchants, traders and others of the Town of Edenton praying against a further Emission of Paper Currency.

Mr. Blount presented the Petition of the Merchants, traders and others in the Town of Washington praying against a further Emission of Paper Currency.

The order of the Day, for reading for the second time in this House, the Bill for Emitting One hundred Thousand Pounds in Paper Currency, &c., being called for, and read, It was moved by Mr. Blount, and seconded by Mr. Skinner, that the bill be laid over until the next Assembly, & in the mean time to be published in the North Carolina Gazette for the information of the public at large, which was objected to, the question being put was lost, whereupon the yeas and nays were required by Mr. Cabarrus, which are as follows, vizt.:

Yeas—Messrs. Blount, Oliver, Collins, Williamson, Sawyer, E. Roberson, Ashe, Montgomery, Manney, Hamilton, Symons, Cain, Montfort, Cabarrus, Eborn, Skinner, Maclaine, Whitaker, Hay, Philips, Diggs, Pasteur, S. Williams, Edmunds, Wood and C. Hall.

Nays—Messrs. Moore, Tisdale, Lewis, Hill, Ferebee, Smith, Dickens, White, Cooper, Sanders, Coleman, Sheppard, Stewart, Rhodes, Griffith, Polk, D. Hall, Person, P. Hawkins, McKissick,

-------------------- page 365 --------------------
Sloan, Bonds, Moye, J. Jordan, J. Taylor, W. Hawkins, Hayes, Martin, B. Williams, Bryan, T. Jordan, McDonald, C. Roberson, Dodd, Handley, McDowall, Franklin, Dickson, Gardner, West, Carroll, Lennard, Lock, Berger, Robins, Phifer, Alexander, Richardson, Starkey, Cox, Singleton, Webb, J. P. Williams and Flowers.

It was moved by Mr. Williamson and seconded by Mr. Blount, that the following amendment, be made in “the Bill for Emitting One hundred Thousand Pounds in paper Currency, Vizt.: “Commissioners shall not on any occasion be allowed to give more than “—Shillings for each hundred weight of Merchantable Tobacco “by them respectively Purchased when Inspected at the respective “Warehouses of the said Towns” and on the question to fill up the blank, it was moved by Mr. Williamson and seconded by Mr. Skinner, that the blank be filled up with forty on which the Question was taken and lost. The Yeas & Nays being required by Mr. Oliver, are as follows, vizt.:

Yeas—Messrs. Blount, Oliver, Collins, Avery, Williamson, Ferebee, Sawyer, Polk, E. Roberson, Ashe, Montgomery, Manney, Nash, Symons, Cain, Cabarrus, B. Williams, Skinner, C. Roberson, Dodd, Maclaine, Hay, Philips, Diggs, Dickson, Pasteur, Gardner, Smithwick, S. Williams, Wood, Berger, Starkey and C. Hall.

Nays—Messrs. Smith, Dickens, White, Cooper, Sanders, Coleman, Stewart, Rhodes, Griffith, D. Hall, Person, P. Hawkins, Hamilton, McKissick, Sloan, Bonds, Moye, Montfort, Taylor, W. Hawkins, Hayes, Martin, Bryan, T. Jordan, McDonald, Handley, Moore, Tisdale, Franklin, Lewis, Hill, McDowal, Whitaker, Courtney, West, Edmunds, Carrol, Leonard, Lock, Robins, W. Taylor, Phifer, Alexander, Richardson, Cox, Singleton, Webb. & J. P. Williams.

It was moved by Mr. Williamson, and seconded by Mr. Skinner, that the following amendment be made in “the Bill for emitting One hundred Thousand Pounds in paper Currency, &c., vizt.:

“Whereas it is the duty of the Legislature in all cases to protect the honest creditor against fraudulent or partial payments

“Be it therefore Enacted by the Authority aforesaid, that in case, the paper currency of this State shall depreciate in consequence of this Emission or sink below its present value, it shall be the Duty of the Jurors in all actions when they shall find for the Plaintiff, to consider what shall have been the depreciation at such time and to allow Damages accordingly.”

-------------------- page 366 --------------------

On the Question to agree to this amendment the yeas and nays were required by Mr. Williams which are as follows, vizt.:

Yeas—Messrs. Bonds, Oliver, Collins, Williamson, Sawyer, Sheppard, Montgomery, Manney, Symons, Cain, Cabarrus, Skinner, Dodd, Maclaine, Whitaker, Hay, Pasteur, Courtney, S. Williams. Edmunds, Wood and Starkey.

Nays—Messrs. Ferebee, Smith, White, Cooper, Sanders, Coleman, Stewart, Rhodes, Griffith, Polk, D. Hall, Person, P. Hawkins, Ashe, Hamilton, McKissick, Sloan, Bonds, Moye, J. Jordan, Montfort, J. Taylor, W. Hawkins, Hays, Martin, B. Williams, Bryant, T. Jordan, McDonald, C. Roberson, Handley, Moore, Tisdale, Franklin, Lewis, Hill, McDowall, Philips, Diggs, Dickson, Gardner, West, Smithwick, Carroll, Leonard, Lock, Berger, Robins, Phifer, Alexander, Richardson, Cox, Singleton, Webb, and J. P. Williams.

So the question was carried in the negative.

The Bill for Emitting One hundred Thousand Pounds in paper Currency for the purposes therein expressed, being now read thro' and amended, was put on its passage, when it passed this House the second time & was sent to the Senate.

Ordered that the Bill to secure & quiet in their possession all such persons, their Heirs and assigns who have purchased Lands and Tenements, Goods and Chattels which have been sold or may be sold by Commissioners of forfeited Estates legally appointed for that purpose, be read the second time in this house Tomorrow.

The House adjourned til Tomorrow Morning, 10 O'Clock.


Tuesday, 20 December, 1785.

The House met according to adjournment.

Received from the Senate the following Bills, vizt.:

A Bill to amend an act intitled an act directing the mode of proceeding against the real estates of deceased debtors where the personal estate is insufficient for the payment of the debts, endorsed, “In Senate read the first time and passed.”

A Bill, vesting certain property lying and being in Granville County in Mary Alston Bell in fee Simple.

A Bill for the more speedy determining disputes that have arisen or hereafter may arise in the Counties therein mentioned, &c., endorsed, “In Senate read the second time and passed.”

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Mr. Williamson from the Committee to whom was referred the Memorial of Memucan Hunt, Esquire, Public Treasurer, Reported.

That the Treasurer has in his hands Grants of the General Assembly warrants of the Governor, Certificates of the Judges, Attorney General, Assessors, &c., to the amount according to his statement of Twenty five thousand Pounds and upwards. He also has Auditor's and other Certificates to the amount of Forty Six Thousand Pounds and upwards, on which they submit, That a joint Committee be appointed to examine the Grants of the General Assembly, Warrants of the Governor, Certificates of the Judges, Attorney General, Assessors, &c., compare them with the accounts of the Treasurer, strike them through with a circular Punch so as to deface them, and deliver them to the Comptroller. They shall also compare the Auditor's Certificates with the accounts of the Treasurer, and strike them through with a circular punch, and deliver them to the Comptroller and report their proceedings to the General Assembly.

Your Committee further submit that three Commissioners be appointed, who shall from time to time examine & compare with the Checks in the hands of the Comptroller as well the Certificates already paid, or those which may hereafter be paid into the public Treasury and shall burn the whole of them except such as they may find to be counterfeits and report their proceedings to the General Assembly.

TH. WILLIAMSON, Chn.

The House taking said Report into consideration concurred therewith, as to the two first Sections, (the last Section being reserved for the future consideration of the House) and appointed Mr. Cain and Mr. Tisdale on their part to carry into effect the recommendation therein.

The Engrossed Bill for the Inspection of Tobacco in the Town of Windsor, was read the third time, passed and sent to the Senate.

The Engrossed Bill to amend “an act to establish the Town of Morgan and to direct the building a Court House and prison in the same for the district of Morgan, was read the third time, passed & sent to the Senate.

Received from the Honorable Alexander Martin, Esquire, late Governor of this State, the following Message:

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To the Honorable the General Assembly:
Gentlemen:

Herewith you have an account of all the warrants granted during my administration as Governor of the State from the 22d of April, 1782, to May 5th, 1785, together with my acco'ts current.

I have the Honour to be, &c.,
ALEX. MARTIN.

At the same time received the accot. of Warrants and acco't current referred to in the above Messages which being read were referred to the Committee appointed on the Treasurer's acco'ts.

It was moved by Mr. Nash, seconded by Mr. McDowall, that the following clause in the bill for increasing the Jurisdiction of the County Courts of Please and Quarter Sessions, &c.,” be dele'ed, vizt.: And be it further enacted by the authority aforesaid that in any actions hereafter to be instituted in the several County Courts of Pleas and quarter Sessions within this State on the trial thereof not more than two Attorneys, vizt., one for the plaintiff and one for the defendant shall be heard at bar.

On the question shall the bill remain as it now is, or be amended, the yeas and nays were required by Mr. Nash.

Yeas—Messrs. White, Cooper, Sanders, Coleman, Stewart, Griffith, E. Roberson, D. Hall, P. Hawkins, McKissick, Sloan, Bonds, Cain, Moye, J. Jordan, J. Taylor, T. Jordan, C. Roberson, Moore, Tisdale, Franklin, Lewis, Senr., Hill, Diggs, Dickson, Gardner, West, Smithwick, Edmunds, Carroll, Leonard, Lock, Berger, Robins, W. Taylor, Phifer, Richardson, Cox, Singleton, Webb—40.

Nays—Messrs. Blount, Smaw, Oliver, Collins, Avery, Williams, Smith, Sawyer, Dickens, Sheppard, Rhodes, Polk, Person, Ashe, Manney, S. Riddick, Nash, Symons, Hayes, Martin, B. Williams, H. Bryan, Skinner, Hinton, Dodd, Handley, McDowall, Maclaine, Whitaker, Hay, Phillips, Pasteur, Rowan, S. Williams, Wood, Alexander, J. P. Williams, and Flowers----38.

The House adjourned till 4 O'Clock.

The House met according to adjournment.

Received from the Senate the additional Bill to amend the several Acts for regulating the Town of Wilmington, and to regulate

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and restrain the conduct of slaves and others in the said Town, and in the Towns of Washington, Edenton and Fayetteville.

Received also, the following Engrossed Bills, vizt:

A Bill for the relief of the Widows, or children of Officers who have died in the service of the United States.

A Bill to alter the place of holding the County Court of Beaufort County from Bath to the Town of Washington in said County, and to erect a new Court house, Prison, Pillory and Stocks in said County.

A Bill to establish a Town in the fork of Cumberland and Red River on the East side of Red River in Davidson County. Received from the Senate a resolve of that House allowing Ann Cupples the sum of Seventeen Pounds, fifteen Shillings and six pence half penny, which, being read was concurred with.

Received from the Senate the report of the Committee on the Memorial of Memucan Hunt, Esquire, Public Treasurer, endorsed, “In Senate read and concurred with.”

Received from the Senate the Claim of Richard Farr, endorsed, “In Senate read and referred to the Committee of Claims,” which being read was referred as by the Senate.

The Honorable the Speaker laid before the House a Letter from Mr. Sitgreaves inclosing his acco't. as delegate in Congress, which being read was ordered to to lie on the Table.

Received from the Senate the following Bills, vizt:

A Bill for ascertaining the duties and Salary of the Public Printer.

A Bill to impower certain Persons therein named to receive, sue for, and recover all such bequests, donations, benefactions and other things as have theretofore been bequeathed, given or made by any Person or Persons whatsoever for the use of the Congregation or Society of the Presbyterian Communion at Wilmington, endorsed, “In Senate read the first time and passed.”

The Bill for increasing the Jurisdiction of the County Courts of Pleas and Quarter Sessions, and of the Justices of the Peace out of Court, and directing the time of holding the several County Courts, was read the second time, amended passed and sent to the Senate.

The Bill to amend and explain an Act for opening the Land Office and for adding a part of the Officers and Soldiers boundary to

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

Ordered that Mr. Seth Riddick have leave to absent himself from the service of this House after To-morrow, Mr. Bryan after Thursday and Mr. Hinton after Friday.

Ordered that any five of the Committee of Claims proceed on business.

Ordered that the Chairman of the Committee of Claims report on Friday next.

The House adjourned til To-morrow Morning, 10 O'Clock.


Wednesday, 21 December, 1785.

The House met according to adjournment.

Mr. Person from the Committee to whom was referred the letter from General Clark to his excellency the Governor, respecting the debts due by this State to Mr. Maurice Simmons, of Charleston, Merchant, for supplies furnished the Continental Officers, &c., of the line of this State while in Captivity, Reported as follows:

That your Committee are of opinion that Provision has been already made for all Monies due to Mr. Simmons from this State.

THOMAS PERSON, Chn.

The House taking the said Report into consideration Concurred therewith.

Mr. Person from the Committee to whom was referred a Letter from Doctr. Franklin, in favour of Edward Bridgen, of the City of London, Merchant, Reported as follows:

Your Committee on considering the allegations set forth in the said letter in favour of Mr. Bridgen, are of opinion he is intitled to every indulgence the Legislature can afford.

THOMAS PERSON, Chn.

The House taking the said report into consideration concurred therewith.

Mr. Person from the Committee to whom was referred the Petition of Miss Ann Howard, delivered in a report, which being read was rejected.

Mr. Person from the Committee to whom was referred the Petition

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of Lieutenant Timothy de Monroe, Reported,

that it is their opinion that the Secretary of State shall be requested to issue a warrant in favour of the said Lieutenant Timothy de Monroe, for one Thousand Acres of Land in the limits of Davidson County, under the same rules and regulations as Warrants issued to Officers and Soldiers of the Continental line of this State, all which is submitted.

THOMAS PERSON, Chn.

The House taking the said report into consideration concurred therewith.

Mr. Maclaine moved for leave to prepare and bring in a Bill to carry into effect the recommendation contained in the report of the Committee on the Letter of Doctor Franklin in favour of Mr. Bridgen. Ordered that he have leave accordingly.

Mr. Person, from the Committee to whom was referred the Petition of Mrs. Elizabeth Miller, praying that such part of the Estate of Andrew Miller, her Dec'd husband, that has been confiscated, and which is not sold be restored to her for the support of herself and children, Reported.

Your Committee recommend that such part of the Estate of the above mentioned Andrew Miller, which hath not been sold be restored to her agreeable to the prayer of her Petition.

THOMAS PERSON, Chn.

The House taking the said report into consideration concurred therewith.

Mr. Person, from the Committee to whom was referred the Petition of Robert Palmer, praying that his property hitherto unsold, may not be considered as confiscated, and that the sale of the same may be prevented, Reported as follows.

That the prayer of the Petition cannot be granted.

The House taking the said report into consideration concurred therewith.

Mr. Person, from the Committee to whom was referred a Letter from Captain Robert Fenner, to his Excellency the Governor reported as follows.

Your Committee are of opinion that Captain Fenner be required to deliver all the Certificates in his hands belonging to the officers and Soldiers of the Continental line of this State to the Treasurer,

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and take his receipt for the same, and have it before the next General Assembly, together with a list of all the Certificates he received of Mr. Jackson and the receipts for such as he has delivered out, and that the Treasurer be required to receive of Captain Fenner the said Certificates and deliver them to the proper claimants or their proper order.

THOMAS PERSON, Chn.

The House taking the said Report into consideration concurred therewith.

Mr. Person from the Committee to whom was referred the Petition of Simon Terril and Joseph Kirk praying to be released from a Judgment of the Superior Court of Hillsborough District, passed against them for Five hundred and twenty Pounds on a forfeiture of recognizance in a case wherein they were bound for the appearance of William Rains, Reported,

That it appearing to your Committee, the said William Rains was delivered up to the court by the said Simon Terril and Joseph Kirk his securities and through mistake the Clerk omitted to make any entry thereof, by which means Judgment passed against them, recommended a Bill to be brought in agreeable to the prayer of the said Petition.

THOMAS PERSON, Chn.

The House taking the said Report into consideration concurred therewith.

Mr. Person from the Committee to whom was referred the Petition of John Brady, Robert Dunlap and William Dunlap reported.

That the Petitioners have transgressed the Law of the Land, of which, from the nature of things they could not be ignorant unless the Captain or Skipper of the Vessel did forswear himself which does not appear from any evidence produced to us to be the case, are therefore of opinion we cannot grant them any relief.

THOMAS PERSON, Chn.

The House taking the said report into consideration Concurred therewith.

Mr. Person from the Committee to whom was referred the Petition of John Jones Reported as follows:

Your Committee to whom was referred the Petition of John Jones

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of Rutherford County, praying to be released from a judgment of the Superior Court of Morgan District against him for two hundred and fifty Pounds on a case wherein he was bound for the appearance of a certain James Armstrong, recommend that a bill be brought in agreeable to the prayer of the said Petition.

THOMAS PERSON, Chn.

The House taking the said report into consideration concurred therewith.

Mr. Person delivered in the following Report the Petition of John Burgwin, vizt:

Your Committee to whom was referred the Petition of John Burgwin are of the opinion that he be referred to the decision of the Laws of the Land, to which they are informed he has had recourse.

THOMAS PERSON, Chn.

The House taking the said Report into consideration concurred therewith.

Mr. Person from the Committee to whom was referred the Petition of Edward Hall, Esquire, Executor of the last Will and Testament of Ralph Macnair, Deceased, in behalf of the Orphans of the said deceased, Reported as follows, vizt:

On considering the allegations set forth in said Petition, your Committee recommend that the sale of two Tracts of Land, late the property of said Ralph Macnair, now Confiscated and advertised for sale by Archibald Lytle, Esquire, Commissioner of Hillsborough District, be suspended till the next Session of Assembly, and that the said Edward Hall be impowered to collect the debts due to the Estate of the said deceased and make dur return thereof to the next General Assembly.

THOMAS PERSON, Chn.

The House taking the said Report into consideration concurred therewith.

Received from the Senate the report of the Committee on the Petition of Mercy Bedford, Endorsed “In Senate read and concurred with” which being read was concurred with by this House.

Mr. Person moved for leave and presented a Bill to release Simon Terril and Joseph Kirk from the forfeiture of a recognizance, and from the judgment which insued thereon, which was read the first time, passed and sent to the Senate.

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Mr. Courtney from the Committee to whom was referred the representation of the public Secretary delivered in a report, which being amended, was concurred with, as follows:

The Committee to whom was referred the representation of the Secretary of the State having met, William Courtney, Esquire, in the Chair, and examined the several papers referred to, Reported as follows,

That it appears, that a number of warrants are returned into the Secretary's office from Rutherford County, for the purpose of obtaining Grants therefor, which appear to have been altered from the name of the original Warrantee to some other person since issuing from the office of the Entry Taker which your Committee are of opinion are illegal and ought to be sent back to the Entry Taker of the County.

That it appears there are two warrants in the name of John Earle and one other altered from the name of Timothy Riggs to John Earle, which the Entry Taker David Miller, denies issuing or signing, altho' it appears the entries are legally made, all which is submitted.

WILLIAM COURTNEY, Chn.

Mr. Blount moved for leave and presented a Bill directing the mode of proceeding which shall be observed in the trial of Judges of the Superior Courts of Law and Equity within this State for misdemeanor, or misbehaviour in office, which was read the first time.

Ordered that this Bill be committed to Mr. Maclaine, Mr. Nash and Mr. Hay who shall be a Committee to prepare and bring in a bill directing the mode of trials to be had on impeachment.

Mr. Person from the Committee of Privileges and Elections, to whom was referred the Petition of Abraham Barnes and John Willis, complaining that the late Election held for the County of Bladen was riotous and unlawful, Reported.

That they have examined the several Witnesses and affidavits introduced, as well in support of the allegations set forth in the Petition as against them, from which it appears that on the first day of the Election some disputes did arise between the Inspectors of the Poll, whether the people who had borne Arms, against their Country,

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during the late War, should vote or not, which dispute took up the greatest part of that day, and in the time of that dispute a number of men, some of which were not accused of having borne Arms as aforesaid did offer their votes to the Sheriff, which he declined receiving until that part should be settled. It also appears that some time that day votes were received, and that on the following day the Inspectors of the Poll who had the Day before refused receiving any votes unless the armed men above mentioned were suffered to vote refused to act any longer, and another inspector was appointed and the Election then conducted without any confusion, and such of the men as remained at the Election and was supposed good votes who were the day before not suffered to vote were then informed they might vote and requested so to do but refused. It has also been proved to your Committee that the fray which happened in the Court House on the first day of the Election was about a Horse and that the Arms which were brought to the Election were most probably brought in consequence of General Muster being ordered at the same time and place with the election.

Your committee are therefore of opinion that the allegations set forth in the Petition have not been sufficiently supported to set aside the Election. Your Committee also beg leave to report that by the ninth Section of an act passed at Halifax in January, 1781, intitled “an additional act to an act intitled an act for securing the quiet and inoffensive Inhabitants of this State from being injured, for preventing such property as has or may be confiscated from being wasted or destroyed, and for other purposes”; For continuing an Act intitled an act for suspending the operation of an act for carrying into effect an act commonly called the confiscation Act; and for directing and regulating Elections, in particular instances: and also for giving further time to Surveyors to compleat their surveys does expressly exclude and disqualify all who have borne arms against this State from voting.

THOMAS PERSON, Chn.

The House taking the said report into consideration concurred therewith.

Mr. Bonds moved for leave to enter his protest against the vote

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of the House in amending the Bill for the regulation of Commerce by inserting the following clause, vizt:

“And be it further Enacted that instead of a duty of two per cent “ad Valorem there shall be paid on all salt imported into this State “in American vessels or in vessels belonging to the subjects of any “Government with whom the United States have a Treaty of Commerce, a Duty of two pence per bushel and all dutyable Goods imported by Land shall be considered as having been imported in “American bottoms.”

Ordered that he have leave accordingly.

Ordered that Mr. Cabarrus and Mr. Hamilton have leave to absent themselves from the service of this House after Saturday next.

The Bill for the regulation of Commerce, was read the second time, passed and sent to the Senate.

The House adjourned til 4 O'Clock.

The House met according to adjournment.

Ordered that Mr. Courtney have leave to absent himself from the service of this House To-morrow.

Ordered that Mr. Moore have leave to absent himself from the service of this House after Saturday next, and Mr. Wood after To-morrow.

Received from his Excellency the Governor, the following Message.

To the Honourable the General Assembly:
Gentlemen:

The papers herewith presented you were put into my hands by Mr. Thomas Stewart who says they contain resolutions of a Body of men to the Westward of the Appalachian Mountains, stiling themselves the General Assembly of the State of Franklin, and that he is attending to give the honourable the General Assembly of this State full information on the business contained in the said resolutions, if you shall think proper to call upon him for that purpose.

R. CASWELL.

Ordered that the Message from his Excellency the Governor, with the papers therein referred to, be sent to the Senate.

Ordered that Mr. Nash and Mr. Williamson be added to the Committee

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to prepare and bring in a Bill to quiet the Inhabitants of certain Western Counties.

Received from the Senate the following Message of the 17th Inst., vizt:

Mr. Speaker & Gentlemen:

We propose that the Clerks be directed to make up the Estimate for the allowance of the Members of this present Assembly including Saturday next at the rate of Sixteen Shillings per Day.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House do not concur with the Senate in making up the Estimate to include Saturday, but propose that it be made to include Wednesday next, from a supposition the business cannot be compleated sooner allowing the sum for allowance by you proposed.

Received from the Senate the report of the Committee on a Letter from Doctor Franklin in favour of Edward Bridgen, endorsed “In Senate, read and Concurred with.”

Received from the Senate the following Bills, vizt:

A Bill to restore to Edward Bridgen his Estate and to repeal so much of the Confiscation Laws which respect the same.

A Bill to amend and explain an act for opening the Land office, endorsed “In Senate read the first time and passed.”

Received from the Senate the Petition of John McCrohon, endorsed “In Senate, read and referred to the Committee appointed to report on the Memorial of J. W. Stanley and W. Stanley,” which being read was referred as by the Senate.

The Bill for ascertaining the duties and salary of the Public Printer, was read the second time, amended, passed and sent to the Senate.

The Bill to impower the late Commissioners, Sheriffs and Collectors of Public Taxes to collect and receive the arrearages of said Taxes, was read the second time and passed.

Ordered that the bill to impower the Wardens of the Poor to call to acco't all former Sheriffs, Clerks of County Courts and other Persons who have not accounted for Taxes and fines by them rec'd, &c., be read the second time in this House To-morrow.

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On motion of Mr. Blount, seconded by Mr. Person, Resolved that James Malloy be allowed the sum of Sixteen Pounds in addition to a sum already drawn by him for riding expresses by direction of the late Governor Martin; it appearing to this Assembly that the sum already received was inadequate to those services.

Mr. Person, from the Committee to whom was referred the Petition of Doctor Robert T. Hornby, Reported as follows:

Your Committee to whom was referred the Petition of Doctor Thomas Hornby, praying letters patent to secure to him, his Heirs, &c., the exclusive right for fourteen years, of disposing of a Horizontal Wind Machine, which he is about to erect, are of opinion the said Petition be laid over.

THOMAS PERSON, Chn.

The House taking the said Report into consideration concurred therewith.

Mr. Person, from the Committee to whom was referred the Memorial of James Kenan, Reported as follows:

Your Committee to whom was referred the Memorial of James Kenan, Esquire, praying the title of a Tract of Land containing three hundred Acres, formerly the property of a certain Thomas Torrens, to be vested in fee in him and his heirs, Report,

That it appears to your Committee the Estate of the said Thomas Torrens was confiscated by act of Assembly and agreeable to said Act the County Court of Dobbs reserved for the use of the Widow and Children of the said Thomas Torrens the aforesaid Tract of Land.

That it appears by the Memorial, the wife of said Torrens has since disposed of the Lands aforesaid to the Memorialist.

Your Committee are of the opinion as the Lands prayed for were granted the Widow in manner herein before mentioned, that she had no right to dispose of it, Therefore cannot grant the prayer of the Memorial.

THOMAS PERSON, Chn.

The House taking the said Report into consideration concurred therewith.

Ordered that Mr. Gardner have leave to absent himself from the service of this House.

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


Thursday, 22 December, 1785.

The House met according to adjournment.

The Bill to amend an Act for establishing a Town on the Lands of Richard Evans, by the name of Martinborough, passed at Newbern 1771, also another Act to amend the before recited Act passed at Newbern in March 1774, was read the second time, passed and ordered to be Engrossed.

Received from the Senate the Report of the Committee on the Petition of Robert Palmer, endorsed “In Senate read and concurred with.”

Received from the Senate the Acco'ts. of Dr. Hugh Williamson for services as Delegate &c., Ordered that the same be referred to the Committee to whom was referred the Acco'ts. of the Honbl. Richard Dobbs Spaight, Esqr.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Resolution signed by William White and Stokely Donaldson accompanied with the Governor's Message, we propose referring to the Committee appointed to consider of and report on the State papers, and request the Committee to report thereon To-morrow.

The House taking into consideration the subject matter contained in the above Message rejected it.

The House resumed the consideration of the Letter from the Honbl. John Sitgreaves with his Acco't. as Delegate, and referred them to the Committee on the Acco'ts of the Honbl. Richard Dobbs Spaight, Esquire.

The Bill for the relief of Mercy Bedford, and to vest in Heirs, male, of Jonas and Mercy Bedford, the Landed Estate of the said Jonas Bedford, was read the first time, passed and sent to the Senate.

Received from the Senate a Resolve of that House for allowing Paul Martin the sum of fifty Pounds, which being read was rejected.

The Petition of William T. Lewis, and the Petition of the Militia Officers of Wilks County, being read were referred to a joint

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Committee, The Members chosen on the part of this House, are Mr. Polk, Mr. Blount and Mr. J. P. Williams.

Resolve that His Excellency the Governor, be requested to issue a warrant in favour of Alexander Black, surviving Partner of Smith Bell & Company for ninety eight Pounds Seventeen Shillings and Six pence, in lieu of one heretofore issued by the late Governor Martin to the Commissioner of Specific supplies, which has not as yet been honoured with payment, first taking in and destroying the first Warrant.

Mr. Lock from the Committee to whom the acco't. of the State against General Rutherford was referred, Reported as follows:

That it appears to your Committee from the Testimony of General McDowall and Colonel Gillispie, that General Rutherford ordered his Quarter-Master to receive into his care, and to deliver at Salisbury the Muskets and Powder with which he stands charged, and that it also appears by the same Testimony that not any of the said Muskets, or not more than one of them, were put in service or used in the General Brigade, but that they were delivered to Major Mountflorence, A. D. Q. M. G., at Salisbury, as was the powder, except in a small quantity thereof expended in the General's Camp.

That General Rutherford applied to the Auditors for the middle Board of Salisbury District, to settle with him for the money received of Mallet, that they declined settling with him from an opinion that they were not competent thereto. That as the General has not his vouchers for the payment of the said money with him and being ready to settle at any moment after his return home, your Committee are of opinion that the Treasurer should be impowered to settle with him for the money received of Mallet, and that the General have Credit on his Acco't. with the State for one Thousand Eight hundred and Eighty three pounds, fourteen shillings and Eight Pence, with which he stands charged for the Muskets and Gun Powder, all which is submitted.

MATTHEW LOCK, Chn.

The House taking the said Report into consideration concurred therewith.

Mr. Hay moved for leave and presented a Bill directing the mode of proceeding on impeachments, which was read the first time, passed and sent to the Senate.

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Received from the Senate the following Engrossed Bills, vizt.:

A Bill to amend an act passed at Hillsborough on the twenty second of October one Thousand seven hundred and eighty four intitled an act for appointing Collectors of the Imports at the several Ports of this State, and for regulating the duty of Naval officers of the Customs and Masters of Vessels.

A Bill to alter the manner of holding Elections for Members of the General Assembly for New Hanover County.

A Bill for erecting and establishing a Town in the County of Lincoln.

A Bill for erecting a Town on the Lands of Whitmill Hill in Martin County on Roanoke River.

A Bill for the promotion of learning in the County of Davidson.

Mr. Williamson moved for leave to withdraw the “Bill for incorporating the Protestant Episcopal Church in the County of Chowan.

Ordered that he have leave accordingly.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We agree that the Estimates be made up to include Wednesday next.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

This House will agree to the report of the Committee appointed to consider of the Secretary representation, provided you will agree to set that part which stands delee'd in the report.

The House taking the said report into Consideration, Resolved that it be committed & ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose that the report of the Committee on the representation of the Secretary be committed, and that the Committee be directed to report the facts proved before them specially.

The Bill to confirm titles to Lands therein described, was read the second time, amended, passed and sent to the Senate.

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An additional Bill to amend the several Acts for regulating the Town of Wilmington and to regulate and restrain the Conduct of Slaves and others in the said Town & in the Towns of Washington, Edenton and Fayetteville, was read the second time, passed & sent to the Senate.

Received from the Senate the following Reports of Committees, vizt.:

On the Petition of Doctor Robert T. Hornby.

On the Petition of Edward Hall.

On the Petition of Simon Terril and Joseph Kirk.

On Capt. Robert Fenner's Letter to the Governor.

On the Petition of John Jones.

On General Clark's Letter to the Governor.

On the Petition of Lieut. Timothy de Monroe.

On the Petition of Mrs. Elizabeth Mills, respectively endorsed, “In Senate read and concurred with.”

Mr. Thomas Frohock, one Member for the Town of Salisbury, appeared, was qualified and took his seat.

The Bill for recovering part of the Artillery to the State was read the second time, amended, passed and sent to the Senate.

Whereas, it has been made appear, to this Assembly that Moses Griffin and Isaac Reed are entitled to an allowance from this State under a resolve of the General Assembly of the late Province, they having been wounded in the public service, of which allowance they have received but Ten Pounds each, therefore,

Resolved, that the Treasurer of the State pay to each of them the sum of seventy pounds the sum now due upon their said allowance in full, and that he be allowed for such payment in the settlement of his public accounts.

The Bill to extend the lines between Burke and Rutherford Counties was read the second time, passed and sent to the Senate.

Received from the Senate a Bill directing the mode of proceeding on impeachments endorsed “In Senate read the first time and passed.”

Received from the Senate a Message from the late Governor, endorsed, “In Senate, read and referred as by the House of Commons.”

Mr. Blount moved for leave and presented a Bill to explain &

-------------------- page 383 --------------------
amend an act directing the sale of Confiscated property, which was read the first time, passed and sent to the Senate.

Received from the Senate the additional Bill to amend the several Acts for regulating the Town of Wilmington, endored, “In Senate, read the second time and passed.”

Ordered that the Bill to amend an Act passed at Newbern in one thousand, seven hundred and Eighty-four intitled an Act to describe and ascertain such persons who owed allegiance to this State, &c., be read the second time in this house Tomorrow.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We have rejected the report of the Committee respecting John Brady, &c., and propose that the Resolve herewith sent you be substituted in lieu thereof.

At the same time received the Resolve referred to, which being read the following resolution was agreed upon in lieu of the one proposed by the Senate, vizt.:

Whereas, it appears that John Brady, Robert Dunlap and William Dunlap, whose Petition this House have again taken under consideration, are strangers in the Country and little acquainted with Mercantile regulations, that they are poor, and have suffered under considerable misfortunes since their arrival in America, therefore,

Resolved, that the Collector of Port Roanoke, on the payment of all lawful Duties, together with the expenses attending the seizure, deliver to John Brady, Robert Dunlap and William Dunlap, all the Goods lately seized from them for the nonpayment of Duties, and that the Attorney for the State be directed to prosecute as well the master of the vessel in which these Goods were Imported, as every other person who shall appear to have been concerned in the attempt to defraud the State of its revenue.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose the Resolve herewith sent for your concurrence in favour of John Brady, &c., in lieu of the one by you entered into on the same subject.

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Ordered that the bill for destroying vermin be read this afternoon.

The House adjourned till 4 O'Clock.

The House met according to adjournment.

Received from the Senate the following Message of the 13th Inst.

Mr. Speaker & Gentlemen:

We herewith send for your concurrence a Resolve of this House in favour of John Armstead.

At the same time received the resolve referred to in the above Message, which being read was concurred with.

On motion made by Mr. Blount, seconded by Mr. Cabarrus, Resolved that a Writ of Election issue to the County of Tyrrell for the Election of one Member of this House in the room and stead of Nehemiah Norman, Deceased. That the said Election be held on the first Friday and the Saturday following in April.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We agree to the recommission of the report of the Committee on the Secretary's representation.

Ordered that Mr. Everagin and Mr. Symons have leave to absent themselves from the service of this House Saturday.

The Bill to prevent any person from stopping ways leading to houses of religious worship, was read the Second time, passed and ordered to be Engrossed.

The Bill to empower the Wardens of the Poor to call to acco't all former Sheriffs, Clerks of County Courts and other persons who have not accounted for taxes and fines by them rec'd., which are appropriated or intended for the support of the poor, was read the second time, passed and sent to the Senate.

Ordered that the Bill to amend & explain an Act for opening the Land Office, &c., and the Bill for levying a Tax for the support of Government, &c., be read the second time in this House Tomorrow.

Ordered that the Bill to impose certain Taxes on Law proceedings, and the Bill to alter the times of holding the several Courts of Pleas & Quarter Sessions be laid over until the next Session of Assembly.

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The Bill to restore to Edward Bridgen his Estate & to repeal so much of the confiscation Laws which respect the same, was read the first time, passed & sent to the Senate.

Received from the Senate the Petition of James Miller, endorsed, “In Senate, read and referred to a special Committee. The Members on the part of this House, Mr. Macon, Mr. McCawley, Mr. Hines & Mr. Herndon,” which being read was referred on the part of this House to Mr. Oliver, Mr. Philips & Mr. Moye.

The Bill to prevent the stoppage of fish from running up Cape Fear river, Deep river, Haw river & Rocky river, was read the second time, passed and sent to the Senate.

The Bill to amend an Act intituled an Act directing the mode of proceeding against the real Estates of deceased debtors where the personal estate is insufficient for the payment of debts, was read the second time, passed and sent to the Senate.

The Bill directing that marriage settlements and other marriage contracts shall be registered and for preventing injury to creditors was read the second time, passed and sent to the Senate.

The Bill to prevent the distillation of Spirituous Liquors from grain in the County of Davidson for a time therein mentioned, was read the second time, passed and ordered to be Engrossed.

An additional Bill to amend the several acts for regulating the Town of Wilmington and to regulate and restrain the conduct of Slaves and others in the said Town and in the Towns of Washington, Edenton and Fayetteville, was read the second time, passed and ordered to be Engrossed.

It having been represented to this House that a vessel is arrived at NewBern from Nova Scotia with several Negroes on board the property of Citizens of the United States, and that there is danger that the said Negroes may be secreted so that they may be lost to the owners; Resolved, that his Excellency the Governor be requested to take such measures as may be necessary for securing the said Negroes for the benefit of the respective owners thereof.

The House adjourned til Tomorrow Morning, 10 O'clock.


Friday, 23 December, 1785.

The House met according to adjournment.

Received from the Senate the following Engrossed Bills, vizt.:

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A Bill for levying a Tax in the district of Halifax to discharge a balance due for repairing the Court House and Jail of said District.

A Bill for laying out a Town on the Lands of Jesse Peacock in the County of Sampson, endorsed, “In Senate, read the third time and passed.”

Received also the following Bills, vizt.: a Bill to impower Commissioners to build a Court house, Prison and Stocks in the County of Wilkes & other purposes, and the Bill to release Simon Terrel and Joseph Kirk from the forfeiture of a recognizance & from the Judgment which ensued thereon, endorsed, “In Senate, read the first time & passed.”

Received from the Senate the Petition of William T. Lewis & the Petition of the Militia officers of Wilkes County, endorsed, “In Senate, read and referred to Genl. Rutherford, Genl. McDowal and General Harrington.”

Received also the Report of the Committee on the Acco'ts of this State against General Rutherford, endorsed “In Senate, read and concurred with.”

The Bill to establish a Superior Court of Law and Equity in the County of Davidson, was read the second time, passed and ordered to be engrossed.

Mr. Person from the Committee to whom was referred the Memorial of John Wright and Wright Stanley, delivered a Report which being amended was agreed to, as follows:

“The Committee to whom was referred the Memorial of John Wright and Wright Stanley on behalf of themselves and the heirs of their late partner, James Green, Junior, deceased, report,

That in June, 1780, Forty seven Hogsheads of Rum were impressed from the Memorialists for the use of the Continental Army, for which they have not received payment.

That on the 19th of October, 1782, Stanleys and Green bought a house and lot in Newbern supposed to be the property of Samuel Cornell, for which they paid Eleven hundred and ninety Pounds Specie, which property by a late adjudication of the Superior Court appears not to have belonged to Mr. Cornell and is now taken out of their hands.

With respect to the case last mentioned your Committee observe that forfeited Estates were made subject to the payment of all Debts

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due by the absentee. That the House and Lot in question were sold by the Sheriff of Craven County as the property of Cornell to satisfy an Execution; That although the Estate then sold for the payment of Cornell's debts appears not to have belonged to him there has been other property belonging to him to a very large amount disposed of, and the proceeds lodged in the Treasury, and it is perfectly just, that such part of the same be refunded as may pay his debts, Wherefore the Committe submit this Resolve,

That a warrant issue on the Treasury in favour of Stanleys and Green for the sum of Eleven hundred and ninety Pounds, being the amount of what they paid for a House and Lot sold by John Council Bryan, Sheriff of Craven County, to satisfy an Execution against the Estate of Samuel Cornell, and that the said Sheriff be required to account with the Treasurer for the balance of said Money remaining in his hands.

THOMAS PERSON, Chn.”

On motion of Mr. Blount, seconded by Mr. D. Hall, Resolved, that the Treasurer pay to Stanleys and Green, one Thousand Pounds in part of their extraordinary supplies to this State during the late War, and that the Auditors of the Newbern District take up and destroy the Certificates which they issued to said Stanleys and Green for Three Thousand, one hundred & five pounds, Six Shillings, and issue others for the Sum of Two Thousand, one hundred & five Pounds, Six Shillings.

On the Question to agree to this Resolve the yeas and nays were required by Mr. Lock, which are as follows, vizt.:

Yeas—Messrs. Blount, Smaw, Oliver, Avery, Neale, Williamson, Sawyer, Dickens, Harney, Cooper, Sheppard, Rhodes, Polk, D. Hall, Person, Ashe, Montgomery, Manney, Nash, Moye, Montfort, Cabarrus, Martin, B. Williams, Eborn, Skinner, Everagin, Dodd, Tisdale, Maclaine, Whitaker, Hay, Philips, Rowan, West, Smithwick, S. Williams, Edmunds, Starkey, C. Hall, Webb and J. P. Williams.—42.

Nays—Messrs. Collins, White, Sanders, Coleman, Stewart, Grifith, P. Hawkins, Hamilton, McKissick, Sloan, Symons, J. Jordan, J. Taylor, W. Hawkins, T.Jordan, McDonald, C.Roberson, R.Riddick, Hanley,Moore,Franklin,Lewis, Hill, McDowal, Diggs, Dickson, Leonard, Lock, W. Taylor, Phifer, Alexander, Grant, Richardson, Cox, Singleton and Flowers.—36.

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A Grant of Public Money having been made to Messrs. Stanleys the surviving partners of Stanleys and Green as the purchase of a Lott in the Town of Newbern, vizt.: No 11, by them purchased as the property late belonging to Mr. Cornell whose Estates were confiscated, and from which the said purchasers have been evicted; and it having been suggested that the State have good title to the said Lot, therefore,

Resolved, that it be recommended to the Attorney General if he is of opinion that the Title under any of the Acts of Confiscation is good in Law that he endeavour to recover the same for the use of the Public.

Received from the Senate the two following Bills, vizt.:

A Bill to restore to Edward Bridgen his Heirs and assigns all his property, real and personal in this State.

A Bill for the relief of Mercy Bedford, and to vest in the Heirs male, of Jonas and Mercy Bedford the Landed Estate of the said Jonas Bedford, endorsed, “In Senate, read the second time and passed.”

Mr. Lock from the Committee to whom was referred the Memorial of Brigadier General Gregory, Reported as follows, vizt.:

That by the Testimony of Thomas Relf, Esquire, taken on oath before your Committee it appears that General Gregory offered to pay the full sum of paper Currency which he received on the State's acco't unto the Treasurer of Edenton District within three weeks after he received it and as the General has made it appear to the perfect satisfaction of every Member of your Committee that he did not make use of or speculate on the Public Money; they are of opinion he can not be justly charged with the difference of the depreciation from the day he received it to the day he repaid the said Currency, which difference amounting to Twenty-two pounds, Six Shillings and one penny is the sum total with which he stands charged in the Comptroller's account: All which is submitted.

MATTHEW LOCK, Chn.

The House taking the said Report into consideration concurred therewith.

Received from the Senate the Resolve of that House in favour of John Bradey, Robert Dunlap and William Dunlap, Concurred with.

Received from the Senate the following Resolves of this House, vizt.:

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The Resolve requesting His Excellency the Governor, to grant a warrant on the Treasury in favour of Alexander Black, &c., for the sum therein mentioned.

The resolve allowing James Malloy Sixteen Pounds.

The Resolve allowing Moses Griffin and Isaac Reed Seventy Pounds each.

The Resolve requesting his Excellency the Governor to take such steps as he may think necessary for securing Certain Negroes therein mentioned, respectively endorsed “In Senate read and concurred with.”

Received also the report of the Committee on the Memorial of James Kenan, Esquire, concurred with.

The House adjourned til 5 O'Clock.

The House met according to adjournment.

Received from his Excellency the Governor the following Message:

To the Honorable the General Assembly:

Gentlemen:

I have the honor of laying before you a Letter from the Secretary of Congress informing me that on the Twenty-third of last month, seven States had assembled in Congress and had elected His Excellency, John Hancock, President.

Also a Letter from William Blount, Esquire, on the subject of the Indian Treaties.

R. CASWELL.

Ordered that this Message and the Letters therein referred to be sent to the Senate.

Received from the Senate the Petition of John Simpson, Esquire, which being read was ordered to lie on the Table.

The Bill for establishing a Militia in this State, was read the first time, passed and sent to the Senate.

A motion was made by Mr. Bonds, seconded by Mr. Starkey, that the Bill directing the mode of impeachment, should be laid over until the next Assembly, this being objected to the question was put and carried in the affirmative, whereupon Mr. Maclaine called for the Yeas and Nays. Ordered that the Bill be entered on the Journal previous to the Yeas and Nays.

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A Bill directing the mode of proceeding upon Impeachments.

Whereas, it is declared by the Constitution and form of Government that the Officers thereof offending by violating the Constitution, maladministration or corruption, may be prosecuted by impeachment of the General Assembly, and hitherto no mode hath been directed how such impeachments shall be made and tried.

Be it therefore enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, that when an article or articles of impeachment be exhibited to the General Assembly against any public officer, or officers, notice shall issue to the person impeached that he may appear and show cause by himself and his council why he should not be charged with the articles exhibited against him, and every person against whom articles shall be exhibited as aforesaid, shall have a Copy of such articles at least—days previous to the hearing thereof before the General Assembly, and when any person shall be impeached as aforesaid and shall be present at the time of the impeachment found he shall forthwith enter into recognizanze with sufficient securities in such sum as shall be thought necessary, respect being had to his fortune and credit, to appear at the Court before which he is to be tried as hereafter mentioned, but in case he shall not appear upon notice before the General Assembly then it shall and may be lawful for the Speakers of both Houses to issue their joint warrant to the Sheriff of the County where the person impeached usually resides, which warrant shall be in the following form to wit:

And be it further Enacted that the Court for the trial of impeachments shall be held at the Court house of the district wherein the offence charged in the impeachment is said to have been committed, at the time of holding the Superior Court for such district, and by a good and lawful jury as in other Criminal cases and before the Judges of such Court, except where a judge shall be the person impeached, but where a judge or judges of the Superior Court shall be impeached, then and in that case the Governor with the Speakers of both houses of the General Assembly, all for the time being, with three Persons learned in the Law who shall have practiced not less than—years in the Superior Courts of this State previous to their appointment, shall compose the Court for the trial of any impeached

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Judge as aforesaid, and the General Assembly shall by joint ballot of both Houses nominate three persons to be associates the Governor and Speakers as aforesaid, and if they shall deem it expedient may appoint one or more of their own Members, to assist in the prosecution of any impeachment, and be it further Enacted that any person, or persons, impeached as aforesaid shall be suspended from the exercise of his office whether of honor, trust or profit until he shall be acquitted of the offence of which he may be impeached, and on conviction shall forfeit his office and shall be incapable in law of receiving and enjoying any office or place of trust in this State, and shall also suffer such other punishment as the law shall or may direct for the offence of which he shall be found guilty.

Yeas:—Messrs. Collins, Neale, Cooper, Sanders, Coleman, Stewart, Rhodes, Griffith, D. Hall, Person, P. Hawkins, Manney, Hamilton, Isler, Bonds, Cain, J. Jordan, W. Hawkins, Martin, Eborn, T. Jordan, McDonald, C. Roberson, Everagin, R. Riddick, Dodd, Franklin, Lewis, Hill, West, Smithwick, S. Williams, Edmunds, Carrol, Robins, W. Taylor, Phifer, Richardson, Starkey, Cox and Singleton—41.

Nays—Messrs. Blount, Smaw, Oliver, Avery, Williamson, Dickens, White, Polk, McKissick, Sloan, Symons, Hays, Cabarrus, B. Williams, Moore, McDowal, Maclaine, Hay, Philips, Diggs, Dickson, Rowan, Leonard, Lock, Berger, Alexander, Grant, C. Hall, Webb and Flowers—30.

Mr. Hawkins in behalf of himself and others moved for leave to enter their reasons for laying over the Bill in which the yeas and nays are here taken, until the next Assembly.

Ordered that they have leave accordingly.

The Bill to erect and establish an Academy in the County of Duplin, was read the second time, passed and ordered to be Engrossed.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We have appointed General Harrington and Mr. Hargett in addition to the Gentlemen already appointed to examine the Engrossed Bills.

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The house taking this message into consideration, appointed Mr. Avery and Mr. McDowal on their part to examine the Engrossed Bills, and ordered the following Message to be sent to the Senate.

Mr. Speaker and Gentlemen:

We have on our part appointed Mr. Avery and Mr. McDowal to examine the Engrossed Bills.

Ordered that the Bills for establishing a Town in Duplin County, on the Lands of William Houston, be laid over until the next Assembly.

Received from the Senate the Bill to impower Commissioners to liquidate the acco'ts of the Officers and Soldiers of the Continental Line of this State and receiving the acco'ts of the late Boards of District Auditors for a limited time, endorsed “In Senate, read the second time and passed.”

A Bill for levying a Tax in the district of Halifax to discharge a balance due for repairing the Court House and Jail of said District was read the third time and passed.

The Bill for laying out a Town on the Lands of Jesse Peacock, in the County of Sampson, was read the third time and passed.

The following Bills were read the third time, passed and sent to the Senate, vizt:

The Bill for the relief of the Widows, or Children of officers, who have died in the service of the United States.

The Bill to alter the manner of holding elections for members of the General Assembly for New Hanover County.

The Bill for the better regulation of the Town of Tarborough.

The Bill for erecting a Town on the Lands of Luke Mezell and William Mackenzie, in Martin County.

The Bill to establish a Town in the fork of the Cumberland and Red River, on the east side of Red River, in Davidson County.

The Bill for erecting a Town on the Lands of Whitmill Hill, in Martin County, on Roanoke River.

The Bill for erecting and establishing a Town in the County of Lincoln.

The Bill for the promotion of learning in the County of Davidson.

The Bill to amend an act passed at Hillsborough on the twentysecond of October, one Thousand seven hundred and Eighty four,

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intitled “an act for appointing Collectors of the Imports at the several Ports of this State and for regulating the duty of Naval officers, the officers of Customs and Masters of Vessels.”

Ordered that Mr. Lock be added to the Committee appointed on the Petition of W. T. Lewis and the Militia Officers of Wilkes County.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We have added Mr. Lock to the Committee on the Petition of Mr. Lewis, &c.

The House adjourned till To-morrow morning, 10 O'clock.


Saturday, 24 December, 1785.

The House met according to adjournment.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We propose that the Members for Davidson County be allowed after the rate of twelve days each, over and above the allowance to members on this side of the Mountains.

Received from the Senate a Resolve of that House directing the Treasurer to forbear commencing suit against the Administratrix of John Gaillard until after the next Assembly, &c., which being read was concurred with.

Received also the Resolve of this House directing the Treasurer to pay Stanleys and Green the sum therein mentioned, concurred with.

Received also the report of the Committee on the Memorial of John Wright and Wright Stanley concurred with, as agreed to by this House.

Received from the Senate the resignation of Adam Luckey, as a Justice of the Peace for Guilford County, which being read was accepted by this House.

Received from the Senate the report of the Committee on the Memorial of General Gregory, endorsed “In Senate, read and concurred with.”

Received from the Senate a recommendation of Justices to be

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added to the Commission of the Peace for Dobbs County, which being read was rejected and the following Message ordered to be sent to the Senate.

Mr. Speaker and Gentlemen:

This House have rejected the recommendation for Justices of the Peace for Dobbs County, but as it is represented the want of a Justice in Kinston is an inconvenience, we will agree that John Coart be added to the Commission of the Peace for that County.

A motion was made by Mr. Hay, seconded by Mr. Maclaine, that it is expedient the Tax for the year 1786 should be raised, from what the Tax was for the year 1785. This being objected to, the question being put was carried in the affirmative, whereupon the yeas and nays were required by Mr. Person, which are as follows, vizt:

Yeas:—Messrs. Blount, Oliver, Collins, Neale, Williamson, Sawyer, White, Harney, Cooper, Rhodes, Polk, D. Hall, P. Hawkins, Ashe, Montgomery, Manney, Nash, McKissick, Sloan, Symons, Cain, W. Hawkins, Cabarrus, Hayes, Martin, B. Williams, Skinner, R. Riddick, Tisdale, McDowal, Maclaine, Whitaker, Hay, Phillips, Diggs, Dickson, West, S. Williams, Edmunds, Lock, Berger, Phifer, Alexander, C. Hall and Flowers.—45.

Nays:—Messrs. Smaw, Avery, Ferebee, Dickens, Sanders, Coleman, Sheppard, Stewart, Person, Hamilton, Isler, Bonds, J. Jordan, J. Taylor, Eborn, T. Jordan, McDonald, C. Roberson, Everagin, Dodd, Handley, Moore, Franklin, Lewis, Hill, Rowan, Smithwick, Carrol, Leonard, Robins, W. Taylor, Grant, Richardson, Cox, Singleton and Webb.—36.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Bill for amending the act passed at Hillsborough on the 22 of October, 1784, intitled an act for appointing Collectors of the Imports at the several Ports of this State, and for regulating the duty of Naval Officers, Officers of the Customs and Masters of Vessels, has been read the third time in this House and rejected.

Mr. Nash moved for leave and presented a Bill to amend “an act to prevent persons holding offices of profit from enjoying seats

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in the General Assembly,” which was read the first time, passed and sent to the Senate.

A motion was made by Mr. Lock, seconded by Mr. that the tax for the year 1786 be raised one fourth higher than the Tax for the year 1785, this being objected to, the question was put and carried in the affirmative, whereupon the yeas and nays were required by Mr. Bonds which are as follows, vizt:

Yeas—Messrs. Blount, Smaw, Oliver, Collins, Neale, Williamson, Sawyer, White, Harney, Cooper, Rhodes, Griffith, Polk, D. Hall, P. Hawkins, Ashe, Montgomery, Manney, Nash, McKissick, Sloan, Symons, Cain, E. Roberson, Montfort, W. Hawkins, Cabarrus, Hayes, Martin, B. Williams, R. Riddick, Dodd, Tisdale, Franklin, Maclaine, Whitaker, Hay, Philips, Diggs, Dixon, Rowan, West, S. Williams, Edmunds, Lock, Berger, Phifer, Alexander, C. Hall, Flowers and Frohock—51.

Nays—Messrs. Avery, Dickens, Sanders, Stewart, Person, Bonds, J. Taylor, T. Jordan, McDonald, C. Roberson, Everagin, Handley, Moore, Lewis, Hill, McDowal, Smithwick, Carrol, Leonard, Robins, W. Taylor, Grant, Richardson, Cox, Singleton, Webb and J. P. Williams—27.

The Bill to amend and explain an act for opening the Land office, and for adding a part of the Officers and Soldiers boundary to the County of Davidson was read the second time, amended, passed and sent to the Senate.

It having been suggested that the Secretary is doubtful whether he shall issue grants for Lands surveyed on entries made in the office of John Armstrong, Esquire, where no County is mentioned in the returns of the surveys.

Resolved, therefore, that the Secretary be authorised and required to issue Grants on all Surveys, wherein the District in which the Survey shall be made shall be mentioned in the return.

The Bill to preclude certain Foreigners therein mentioned from holding any office of profit, &c., was read the second time and rejected.

Ordered the Bill directing the mode of proceeding in proving Wills and granting Letters of administration be read the second time in this House on Monday next.

The Bill for establishing an Academy at Kinston, in the County

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of Dobbs, and to amend an act for establishing an Academy in the District of Salisbury, was read the second time, passed and ordered to be Engrossed.

The Bill to vest the Estate of Richard Caswell, Junr., in Trustees for the benefit of his Creditors, was read the second time, passed and ordered to be Engrossed.

The House adjourned til 5 O'Clock P. M.

The House met according to adjournment.

The Bill for levying a tax for the support of Government and to continue the redemption of Continental Money, old paper Currency, Specie and other Certificates, was read the second time, passed and ordered to be Engrossed.

Mr. Avery moved for leave to enter his dissent against this Bill. Ordered that he have leave accordingly.

Ordered that Mr. Smith have leave to absent himself from the service of this House.

Mr. Maclaine moved for leave and presented a Bill to exclude Naval Officers from holding Seats in the General Assembly, which was read the first time, passed and sent to the Senate.

Whereas, Richard Henderson, Esquire, was allowed the sum of two hundred and forty-three pounds, Six Shillings and Eight pence, the 22d May, 1784, for services performed in extending the boundary line between this State and the State of Virginia, the one half of which sum was payable on demand, the other half to wait the further orders of the General Assembly; and it appearing to the Assembly that only the one-half of the allowance aforesaid has been paid, therefore

Resolved, that the Treasurer be and he is hereby required to pay to the Heirs, Executors, or Administrators of the said Richard Henderson, the Sum of one hundred and twenty-one pounds, thirteen Shillings and four pence, the balance yet remaining due on the said allowance, for which this shall be his warrant.

Received from the Senate the report of the Committee on the former Comptroller's acco't, endorsed “In Senate read and concurred with,” which being read was concurred with.

Received from the Senate a Resolve of that House allowing James

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Miller the sum of Forty Pounds, &c., which being read was concurred with.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We do not agree with your Message making an extraordinary allowance to the Members of Davidson County, but propose that they be allowed after the rate of Twenty-four days each over and above the allowance to Members on this side the Mountains for traveling to and from the present Assembly.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We agree that the Members of Davidson County be allowed Twenty-four Days each, that is to say, twelve for coming, the same for returning, &c.

The Bill to release certain persons therein mentioned from Judgments on forfeited Recognizances, and to impower the Judges to suspend Judgments hereafter to be given in like cases, was read the second time, passed and sent to the Senate.

The Bill to impower Robinson Mumford and James Porterfield to receive storage for Tobacco, inspected and deposited in their Warehouses at Fayetteville, was read the second time, passed and ordered to be Engrossed.

The Bill to restore to Edward Bridgen his Heirs and assigns all his property real and personal in this State, was read the second time, passed and ordered to be Engrossed.

The Bill to amend the acts passed for purchasing a lot or lots in the Town of Wilmington for the purpose of building a Gaol for the District of Wilmington and for repairing the Court house of said District was read the second time, passed and sent to the Senate.

The Bill to impower Commissioners to build a Court house Prison and Stocks in the County of Wilkes and other purposes was read the first time, passed and sent to the Senate.

Mr. Blount moved for leave and presented a Bill to prevent the sale of such of the Lands of Ralph Macnair, deceased, as remain unsold in this State, and to impower Edward Hall of Edgecomb

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County Executor of the last Will and testament of the said Ralph, to collect the debts due from the inhabitants of this State to the said Ralph at the time of the confiscation of his property, which was read the first time, passed and sent to the Senate.

The Bill for destroying Wolves, Wild Cats, Crows and Squirrels in the Several Counties herein mentioned was read the first time, passed and sent to the Senate.

Ordered that the Bill to regulate and establish a Militia in this State be read the second time in this House on Monday next.

The Bill for appointing Commissioners in the County of Rutherford for building a Court House, Prison and Stocks in the said County, and for levying a Tax for defraying the expence thereof, was read the second time, passed and ordered to be Engrossed.

The Bill to impower certain persons therein named to receive, sue for, and recover all such bequests, donations, benefactions and other things as have heretofore been bequeathed, given, or made by any person, or persons, whatsoever for the use of the congregation or society of the Presbyterian Communion at Wilmington, was read the first time, passed and sent to the Senate.

Ordered that the Bill to impower Commissioners to liquidate the acco'ts of the Officers and Soldiers of the Continental line of this State, &c., be read on Monday next the second time in this House.

Received from the Senate the following Engrossed Bills, vizt:

A Bill for emitting one hundred Thousand Pounds in Paper Currency, for the purposes therein expressed.

A Bill to amend an act for establishing a Town on the Land of Richard Evans, &c.

A Bill to extend the line between Burke and Rutherford Counties.

A Bill directing that Marriage settlements and other Marriage Contracts shall be registered for preventing injury to creditors.

Received also the following Engrossed Bills, which were read the third time, passed and sent to the Senate, vizt:

A Bill for recovering part of the Artillery belonging to this State.

A Bill to prevent the distillation of Spirituous Liquors for the time therein mentioned, in the County of Davidson.

A Bill to alter the place of holding the County Court of Beaufort County, from Bath to the Town of Washington, in the said County,

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and to erect a new Court House, Prison, Pillory and Stocks in said County.

A Bill for ascertaining the duties and Salary of the Public Printer.

Received from the Senate the Engrossed Bill to establish a Superior Court of Law and Equity in the County of Davidson.

Against the following Report of a Committee made in the Senate which was Concurred with by this House. Mr. Hay in behalf of himself and others obtained leave to enter their dissent, vizt:

General Rutherford, from the Committee to whom was referred the Memorial of Philip Alston, Reported as followeth, vizt:

That from the testimony of John Carroll, Esquire, and Mr. John Kendrick, taken on oath before your Committee, it appears that Thomas Taylor had long been, and continued to be an Enemy to this State, and was actually guilty of misprision of Treason for a few Minutes before, if not at the very instant he fell in the rencounter with Colonel Philip Alston. That the said Alston then commanded a Corps of Militia in the service of this State for the express purpose of suppressing the Tories, the situation of the County, (General Greene being at that time under the necessity of retreating before the British Army) and every circumstance considered, Your Committee are of opinion that Colonel Philip Alston should not be brought to tryal on account of the death of the said Thomas Taylor, and they beg leave to suggest that a recommendation from the Honbl. the General Assembly to his Excellency the Governor to issue a pardon to the said Colo. Alston would be the best method to close the enquiry:—all which is submitted.

GRIFFITH RUTHERFORD, Chn.

Dissentient.

1st. Because it appears that the Memorialist was in Arms and commanding at the time and place of meeting with the deceased Thos. Taylor an armed force by which means the said Thomas Taylor, had he been an open and avowed enemy of the State could have been made Prisoner, and for any crime or misdemeanor made liable to the Justice of the State.

2. Because the strong passions of the Memorialist as set forth in his Memorial cannot as we conceive justify the representatives of the people to pardon or recommend to Pardon a man who has shed

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the blood of a fellow Citizen. Because had the fact been true that a rencounter between the Deceased and the Memorialist had (as in the said Memorial is recited) ensued we cannot doubt but the Memorialist would have stood acquitted on trial by the Laws of his Country and the verdict of a Jury. But no evidence having been adduced in proof of any such rencounter and the Memorialist not appearing to have at any time surrendered himself to Justice, but on the contrary, having applied for an indemnification against any lawful inquiry into this affair, we cannot suppose the suggestion of the deceased Thos. Taylor's maintaining inimical principles, and having a rencounter with Memorialist founded in fact, and when the evidence of a Member of this House was called for it appeared no such rencounter had ensued.

Unwilling at all times to prevent the inquiries of Law into so heinous a crime as Murder we cannot concur in the recommendations of this House to pardon on this occasion as the suggestions if true are not sufficient to warrant it, therefore inconsistent with the offended Justice of the State, and if false the pardon thereon recommended of no avail. Signed John Hay, A. Maclaine, Hu. Williamson, Enoch Sawyer.

The House adjourned til Monday Morning half after 7 O'clock.


Monday, 26 December, 1785.

The House met according to adjournment.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

A Resolve in favour of Mr. Miller has been concurred with by this House, in which it is directed that a certain sum should be paid him by the Collectors of Rutherford and Burke Counties which we are of opinion ought to be confined to Rutherford only, if the Resolve be so expressed. We propose that the Senate reconsider the same and make the alteration according to the opinion of this House.

The Bill to enahle the Public Treasurer more effectually to recover Public Monies that are now due or hereafter may become due, was read the second time, passed and ordered to be Engrossed.

The Bill to amend an act passed at Newbern in one thousand, seven hundred and Eighty four intitled an act to describe and ascertain

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such persons who owed allegiance to this State, and to impose certain disqualifications on certain persons therein described was read the second time, passed and ordered to be Engrossed.

The Bill to amend the act for making provision for the poor was read the second time, passed and ordered to be Engrossed.

The House adjourned til half after 10 O'clock.

The House met according to adjournment.

The Claim of Waightstil Avery, Esquire, being reported to the House by the Committee of Claims, was read and referred to a joint Committee. The Members chosen on the part of this House, are Mr. Person, Mr. Williamson and Mr. Polk.

The Bill for the relief of Mercy Bedford and to vest in the heirs, male, of Jonas Bedford the Landed Estate of the said Jonas Bedford was read the second time, passed and ordered to be Engrossed.

Received from the Senate a Bill to prevent the sale of such of the Lands of Ralph Macnair, Decd., as remain unsold, &c., endorsed, “In Senate, read the first time & passed.”

Received also the Bill for destroying wolves, Wild Cats, &c., endorsed, “In Senate, read the second time, amended & passed.”

Received from the Senate the Petition of Peter Orme, endorsed, “In Senate, read and referred to a Special Committee. The members on the part of this House are Mr. Campbell, Mr. Hargett & Mr. McDowall” which being read was referred by this House to Mr. S. Williams, Mr. McDowall and Mr. Leonard.

The Report of the Committee of Claims being read was concurred with and sent to the Senate.

Received from the Senate the Resolve of this House, requiring the Treasurer to pay the Heirs, &c., of Richard Henderson, Decd., the sum therein expressed, concurred with.

The Bill to direct the proceedings on proving Wills and granting Letters of administration, was read the second time, amended, passed and sent to the Senate.

Received from the Senate the Bill to impower Commissioners to build a Court house, Prison & Stocks in the County of Wilkes, &c., and,

A Bill to impower certain persons therein named to receive, sue for and recover all such bequests, donations, benefactions and other things as have heretofore been bequeathed, given or made by any

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person or persons whatsoever for the use of the Congregation or Society of Presbyterian Communion at Wilmington, endorsed, “In Senate, read the second time and passed.”

The Bill to secure and quiet in their possessions all such persons, their Heirs & assigns who have purchased or may hereafter purchase Lands & Tenements, Goods and Chattels which have been sold or may hereafter be sold by Commissioners of forfeited Estates legally appointed for that purpose, was read the second time, passed and ordered to be Engrossed.

Mr. Maclaine moved for leave to enter his protest against the Bill.

Ordered that he have leave accordingly.

The Bill to impower the late Commissioners, Sheriffs and Collectors of Public taxes to collect and receive the arrearages of said Taxes, was read the second time and rejected.

The Bill for increasing the Jurisdiction of the County Courts of Pleas and quarter Sessions and of the Justices of the Peace out of Court & directing the time of holding the several Courts of this State, was read the third time, passed and sent to the Senate.

Received from the Senate a Resolve of that House allowing Nathan Smith forty Pounds, &c., which being read was laid over until the next Assembly.

Mr. Blount moved for leave and presented a Bill to impower the Free holders and Freemen of the Counties of Washington, Sullivan & Greene to return their representatives otherwise than is heretofore directed, which was read the first time, passed & sent to the Senate.

Received from the Senate a Resolve of that House in favour of Lieutenant Colonel Hardy Murfree respecting certain Lands therein mentioned, which being read was concurred with.

On motion of Mr. Avery, seconded by Mr. Blount, Resolved that a joint Committee be appointed to examine and report what injury the State is likely to sustain by David Miller's antedating Land Warrants, and entering Western Lands since the office shut. The Members chosen on the part of this House for that purpose are, Messrs. Phifer, Singleton, Alexander, McKissick, Phillips and Isler.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

This House propose that a joint Committee be appointed to examine

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and report what injury the State is likely to sustain by David Miller's antedating Land Warrants, and entering Western Lands since the office shut, and have for that purpose, Appointed Messrs. Phifer, Singleton, Alexander, McKissick, Philips and Isler.

The Bill for the more speedy determining disputes that have arisen or hereafter may arise in the Counties of Rowan, Mecklenburg, Rutherford, Guilford and Lincoln from erecting Mill dams, and to prevent persons from building as herein described, was read the second time, passed and ordered to be Engrossed.

Ordered that the Bill to impower Commissioners to build a Court house, &c., in Wilkes County, &c., be laid over until the next Assembly.

The House resumed the consideration of the Report of the Committee on the Petition of Robert Sims, and concurred therewith.

The resignation of John Alexander as a Justice of the Peace for Lincoln County, was read and accepted by this House.

The Bill to prevent the sale of such of the Lands of Ralph Macnair, deceased, as remain unsold in this State, and to impower Edward Hall of Edgecombe County, Executor of the last Will and Testament of the said Ralph to collect the Debts, &c., was read the second time, amended, passed and sent to the Senate.

The House adjourned til Tomorrow Morning, 9 O'Clock.


Tuesday, 27 Decr., 1785.

The House met according to adjournment.

The Bill to amend an act for establishing a Town on the Lands of Richard Evans by the name of Martinborough passed at New Bern, 1771, also to amend the before recited Act passed at New Bern in March, 1774, was read the third time, passed and sent to the Senate.

The Bill to extend the line between Burke and Rutherford Counties was read the third time, passed and sent to the Senate.

The Bill to vest the Estate of Richard Caswell, Junior, in Trustees for the benefit of his creditors, was read the third time, passed & sent to the Senate.

The Bill vesting certain property lying and being in Granville County in Mary Alston Bell in fee Simple, was read the second time, passed and ordered to be Engrossed.

The House resumed the consideration of the report of the Committee

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on the affidavit of Joseph Graham, which being read was rejected.

Whereas, it remains a doubt with the Treasurer whether the Interest due on indented Certificates issued by the late Boards of Auditors should be allowed in his settlement with the Sheriffs and other receivers of Public Monies, therefore,

Resolved, that the Treasurer shall be and he is hereby directed to allow Interest on all such Certificates not already received into his office, also that he be directed to receive all bills of credit of the emission of the present circulating currency altho' the said Bills should be so torn as to be unfit for further circulation.

The Claim of Matthew McClure was read and referred to the next Assembly.

The Bill vesting certain property lying and being in Granville County in Mary Alston Bell in fee Simple, was read the third time, passed and sent to the Senate.

Received from the Senate the Bill to impower the Freeholders and Free men of the Counties of Washington, Sullivan and Greene to return their representatives, &c., endorsed, “In Senate, read the first time and passed.”

Received from the Senate the resignation of John Wright as a Justice of the Peace for Duplin County, which being read was accepted.

Received also the resignation of Jos. Hines as a Justice of the Peace for Richmond County, which being read was accepted.

Received also a Resolve of that House for allowing the Members of Assembly who attended at New Bern in June last the same daily pay as is allowed the Members this present Session, which being read was concurred with.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

The Senate have rejected the bill to extend the line between Burke & Rutherford Counties.

The Bill for establishing a Militia in this State, was read the Second time, passed and ordered to be Engrossed.

The Bill for destroying wolves, Wild Cats, Crows and Squirrels in the several Counties herein mentioned was read the second time, passed and ordered to be Engrossed.

Mr. Avery moved for leave to enter his protest against this bill.

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Ordered that he have leave accordingly.

On reading the recommendation of Chowan Court,

Resolved that Robert Perkins of said County be exempt from the payment of a Poll Tax.

Received from the Senate the Bill for establishing an academy at Kinston in the County of Dobbs, and to amend the act establishing the academy in the District of Salisbury, endorsed, “In Senate read the third time and passed.”

Received from the Senate the Resolve of this House directing the Treasurer to allow Interest on Certificates as therein mentioned concurred with.

The Bill to impower Commissioners to liquidate the accots. of the officers and Soldiers of the Continental line of this State, and to receive those of the late Boards of District Auditors for a limited time, was read the second time, passed and ordered to be Engrossed.

Resolved that the Printer be directed to print the Bill, for incorporating religious Societies, which was rejected this Session, one copy for each Member of the General Assembly.

The Bill to impower certain persons therein named to receive, sue for and recover all such bequests, donations, benefactions and other things as have heretofore been bequeathed, given or made by any person or persons whatsoever for the use of the congregation or society of the Presbyterian communion at Wilmington was read the second time, passed and ordered to be Engrossed.

Received from the Senate the report of the Committee on the Petition in favour of Thomas Garrett, endorsed, “In Senate, read & Concurred with” which being read was concurred with by this House.

Received from the Senate the resignation of John Alexander as a Justice of the Peace for the County of Lincoln, concurred with by that House.

On reading the recommendation of Edgcomb Court, Resolved, that William Scott of said County be exempt from the payment of a Poll Tax.

The Bill for emitting one hundred Thousand Pounds in Paper Currency for the purposes therein expressed, was read the third time, passed and sent to the Senate.

On the question shall this Bill pass or not pass the yeas & Nays were called for by Mr. Bonds, and seconded by Mr. Person.

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Yeas—Messrs. Avery, Ferebee, Smith, Dickens, White, Harney, Cooper, Sanders, Stewart, Rhodes, Griffith, Person, P. Hawkins, Hamilton, McKissick, Isler, Sloan, Bonds, Moye, J. Jordan, J. Taylor, W. Hawkins, Hayes, Martin, B. Williams, T. Jordan, C. Roberson, Dodd, Handley, Moore, Tisdale, Franklin, Lewis, McDowal, Dickson, Rowan, West, Carrol, Leonard, Lock, Berger, Robins, W. Taylor, Phifer, Alexander, Grant, Richardson, Cox, Singleton, Webb, J. P. Williams and Frohock—52.

Nays—Messrs. Blount, Oliver, Collins, Williamson, Sawyer, E. Roberson, Ashe, Montgomery, Manney, Cain, Eborn, Skinner, R. Riddick, Maclaine, Whitaker, Hay, Philips, Diggs, Smithwick, S. Williams and Edmunds—21.

The Bill for the regulation of Commerce was read the third time, passed and sent to the Senate.

The Bill for levying a Tax for the support of Government and to continue the redemption of Continental Money, old paper currency, Specie and other Certificates, was read the third time, passed and sent to the Senate.

The Bill directing that Marriage settlements and other Marriage contracts shall be registered, and for preventing injury to creditors was read the third time, passed and sent to the Senate.

The Bill for the more speedy determining disputes that have arisen or may hereafter may arise in the Counties of Rowan, Mecklenburg, Rutherford, Guilford, Lincoln, and Rockingham from erecting Mill dams and to prevent persons from building Mills as herein directed, was read the third time, passed and sent to the Senate.

The Bill to impower Robinson Mumford and James Porterfield to receive storage for Tobacco inspected and deposited in such Ware house or Houses as they shall build at Fayetteville, was read the third time, passed and sent to the Senate.

The Bill to establish a Superior Court of Law and Equity in the County of Davidson, was read the third time, passed and sent to the Senate.

Mr. Lock from the Committee to whom was referred the Memorial of General McDowal Reported as follows:

That it appears by the Testimony of Colo. Benjamin Herndon taken an oath before your Committee, that Colo. Benjamin Cleaveland had a parcel of Paper Currency marked £7,000 and upwards, which the said Cleaveland informed him he had obtained of Governor

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Nash for Colonel Charles McDowall in May, 1780, but that he could not share it. That by the information of Colonel McKissick it appears that General, then Colonel McDowal was in May, 1780, with his Regiment of North Carolina Militia on Santee in South Carolina. That by the Comptroller's Certificate of the 22nd Instant it appears that there are not any bonds in his office to show to whom the said Monies were paid, that on examining the two Warrants for £7,040 currency each granted by Governor Nash in favour of General McDowal for the purpose of paying bounty Money to the Militia of Burke County, it appears that one of the said Warrants was paid to Colonel John Carter and the other to Colonel Hugh Brevard. That by General McDowal's information taken on oath it appears that the said warrants were not obtained or the said Monies received by his request, or order and that he never had received the said Monies or any part thereof. Your Committee are therefore of opinion that General McDowal ought not to be charged with the said sums, but that the Comptroller charge the first to the account of Colonel Benjamin Cleaveland and the second to Colonel Hugh Brevard, and that the Treasurer take the necessary measures to compel the said Cleaveland and Brevard to account for the same. All which is submitted.

MATTHEW LOCK, Chn.

The House taking the said Report into consideration concurred therewith.

The House adjourned till 4 O'Clock.

Met according to adjournment.

The Bill for establishing an academy at Kinston in the County of Dobbs, and to amend the act establishing the academy in the District of Salisbury, was read the third time.

Resolved, that John Eaton, Coroner of Halifax County be allowed the sum of five Pounds, five Shillings and Eight pence for summoning Jurors and holding Inquests upon view of three dead Bodies in the said County, to wit, of John Miller, Charles Worrel and Bretain Galledge, that the Treasurer pay him the same and be allowed.

The Bill to impower the Freeholders and Freemen of the Counties of Washington, Sullivan and Greene to return their representatives otherwise than is hitherto directed, was read the second time, passed and sent to the Senate.

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Mr. Williamson from the Committee to whom was referred the Memorial of Doctor Charles Pasteur report as follows:

The Committee to whom was referred the Memorial of Doctor Charles Pasteur report

That in the summer of the year 1780 Doctor Charles Pasteur who served in the Militia of this State carried with him a considerable apartment of medicines from his own shops which fell into the hands of the enemy at the action of Camden the 15th of August, according to the Doctor's account, which is confirmed by his oath, those medicines cost him the sum of one hundred and ninety Eight pounds, fourteen Shillings and your Committee believe that the charges are conformable to the prices current—wherefore—they recommend that a warrant issue on the Treasury in favour of Doctor Charles Pasteur for the sum of one hundred and ninety eight pounds, fourteen shillings in full for medicines furnished by him for the use of the Troops that marched in the year 1780, in aid of the State of South Carolina.

Your Committee further report that Doctor Pasteur has adduced an account against the State for medical services and for medicines furnished to officers and soldiers under the following heads, viz:

For his pay as a regimental surgeon during a three months Tour in the year 1780 at two dollars per day the amount is Seventy-two pounds which your Committee are of opinion should be allowed to be paid by a common Certificate, the remaining charge is for his medicines, expences and trouble in attending sick officers and soldiers who were occasionally at Halifax in the years 1779, 1780, 1781.

Your Committee do not find that the Doctor was possessed of any Commission during this space, but they think it reasonable that he should be rewarded for his services, the medicines he expended they believe may have been worth £7 and submit that he be allowed for his time and trouble in administering the same the additional of £—for the whole of which a certificate shall be issued.

HU. WILLIAMSON, Ch.

The foregoing report was read and concurred with as to the first claim & the others ordered to be referred to the District Auditors.

Received from the Senate the following Resolves, vizt.:

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A Resolve impowering the Treasurer to receive Army settlement Certificates in payment of Bonds given for Public Waggons, &c.

A Resolve respecting the Entries of Lands made in or removed from the Countries of Burke, Rutherford, Washington, Sullivan or Greene, &c., which being read were concurred with and returned.

Received also a Resolve explaining the act authorizing Courts to grant toll on Bridges, &c., which being read was rejected.

Received also the report of the Committee on the Petition of William Orme, and a resolve of the Senate requiring the Treasurer to pay the said Orme the sum of Nineteen Pounds, thirteen Shillings, which being read was concurred with.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We have received a recommendation agreed to by your House, adding to the Commission of the Peace Thomas Hines and William Hayes for the County of Wake, with the latter we concur, and will readily agree to the addition of the former, provided you will consent that he stand on the list with respect to Seniority in the same manner that he did previous to removing from said County.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We agree that Mr. Hines be commissioned as a Justice of the Peace for Wake County as by you proposed.

Mr. Bonds, in behalf of himself and others, entered his reasons for dissenting against a part of the Bill for regulating Commerce:

1st. Dissent because heavy taxes ought to be laid only on articles of luxury, which the rich who are able to pay a large proportion of Taxes only make use of, but notwithstanding this the article of Salt which is absolutely necessary for the support of each man's family is taxed highly whereby we conceive the poor are unjustly oppressed.

2nd. Because the article of Salt, necessary as it is, is generally brought into this Country by way of ballast which will be greatly discouraged by this Tax and on this reason only, independent of the foregoing, the price of Salt will be very much inhanced. John Bonds, Aaron Hill, Roger Griffith, William Cain, Joseph Stewart, R. Dickens, Adams Sanders, John Carrol, James McDonald, J. Richardson, Robert Webb, Thomas Person.

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On the passage of the Bill for levying a Tax for the support of Government and to continue the redemption of Continental Money old paper currency, Specie and other Certificates. Waightstill Avery and others dissented and entered their reasons as follows.

1st. Because a respectable part of the poor Citizens of this State well worthy of the notice and regard of the Legislature are freeholders, who with families to support are settled on very poor Lands from which it requires the utmost Industry and frugality to procure a scanty supply of the mere necessaries of Life. These not being so well able to pay, it is unjust, impolitic and oppressive to demand from them a Tax for such poor Lands as great as that imposed on the richest lands equally near to places of exportation.

2dly. Because a very considerable part of the value of produce must be lost in an expensive Land carriage conveying the same to market from the inland parts of this State fartherest back. It is therefore unjust to impose a Tax on those back Lands so far distant from Navigation as great as that imposed on Lands of equal fertility at or near the places of exportation, the advantageous situation whereof so greatly increases the value and profits of the Land and increases the ability of the owners to pay Taxes. A higher Tax may justly and ought to be demanded for Lands worth ten pounds per acre than for Lands worth no more than ten pounds per hundred acres.

3rd. Because a moderate Tax on Lands according to the value will produce a much larger sum; the present mode therefore impolitic being less productive; We therefore protest against the said Bill for taxing Land by the hundred acres in the present mode as unproductive and impolitic and as unjust and oppressive to the poor. Waightstill Avery, Thomas Person, John P. Williams, Robert. Dickens, John Taylor, William T. Lewis, George Moore, Richard Singleton, John Carrol, Robert Webb, Jos. McDowall.

Mr. Hay in behalf of himself and others entered the following reasons for dissenting to the Bill for emitting a paper currency.

Dissentient because the necessity of a further emission of paper currency is not by any means evinced to us but the contrary is now apparent from an actual depreciation of the sum emitted in the year 1783, nor can we conceive that the addition of an equal sum will lessen the evil. The danger resulting from the circulation of such a

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currency, declared by law to be a tender in all payments whatsoever, strikes us with the most alarming apprehensions for the honor of the State, the security of Commerce and the safety of all ranks of honest men. Depreciated and depreciating even before its existence, the Officers of our civil list whose labours are engaged to the public at stated salaries or settled fees as a reward for their services and an excitement to a cheerful discharge of the duties of their respective offices, must murmur at a payment which will necessarily fall short of the provision intended by the State.

The Merchants, from whose aid the principal assurance of the credit of any paper money is to be placed can no longer give consequence to an emission made against their declared opinion and founded on a revenue which appears inadequate to its redemption, whilst the just creditors will be compelled to receive sums nominally equal to the discharge of obligations to them made, but intrinsically of a value far inferior, hence the honest and the unsuspecting may become the dupes of the artful and designing, whose interest it will be to accelerate and increase the depreciation inseparably connected with the existence of a currency thus emitted.

Because the scarcity of money and the necessities of the poor which are held forth by the advocates for this Bill as proof of its expediency are not by this measure to be relieved, whilst an appreciation of all necessaries must bear pace with the depreciation of whatsoever is given in exchange, hence, as far as this money will be conceived to be a circulating medium the effect will be unequal to the design and whilst depreciated money is in circulation, gold and silver will disappear which is the real cause of the scarcity of money and this must continue whilst depreciated Paper continues to circulate, for it operates more forcibly against gold and silver as a circulating medium than a prohibition under the most severe penalties.

Because a considerable portion of the money to be emitted pursuant to this law is proposed to be vested in Tobacco and may be thus vested at a rate beyond the present worth.

Because should this money go forth from our Treasury without valuable and full consideration in exchange we impose a burthen on our Constituents to redeem it in good faith at its nominal price in which we cannot conceive ourselves warranted.

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Because the emission of a further sum of paper money, whenever the necessities of the idle and profligate may require it must injure the credit of the State, promote dissipation, and encourage the dishonest to run further in debt in hope that similar necessities may again produce similar emissions.

Because should the confidence of the people be wanting in the support of this money, the channel of our Commerce already too much diverted from our own ports will be entirely directed to that of the neighboring States to the increase of their national importance and the diminution of our own.

Under these impressions we have stood opposed to this law in the different stages of its progress. In this last we should think ourselves wanting in our regard to public duty and personal character to forbear entering this our solemn protest against a measure which we conceive fraught with such evils.

John Hay, A. Maclaine, Andrew Oliver, Hugh Williamson, J. G. Blount, Enoch Sawyer, J. B. Ashe, John Skinner.

Received from the Senate a Resolve for discharging Nathan Stedman and others from certain fines imposed on them by the Supr. Court of Wilmington, &c., which being read was concurred with and returned.

The House adjourned til To-morrow Morning 7 O'Clock.


Wednesday, 28 December, 1785.

The House met according to adjournment.

Received from the Senate the Resolve in favour of John Eaton, Coroner of Halifax County, concurred with by that House.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We propose that the Genl. Assy. ballot immediately for a Brigadier General for the district of Wilmington and NewBern respectively, for a judge of the Superior Court established in the County of Davidson, for one Councillor of State, for Superintendents of the Press in printing the money now directed to be emitted, for signers of the money, for Commissioners for purchasing Tobacco for the use of the public, and for a public printer and nominate for Brigadier General for the District of Wilmington Colo. Thomas Clark,

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James Kenan and John Pugh Williams, Esquires; for Brigadier General for the District of NewBern Colo. James Armstrong; for Judge of the Court established in Davidson County John Haywood, Junr., Esquire; for a Councillor of State Doctor King and Spyers Singleton, Esquire; for Superintendents of the press Genl. Rutherford, Mr. McCawley, Mr. Gillispie and Genl. Ramsey; for signers of the money now to be emitted Mr. Absolom Tatum, Mr. John Macon and Mr. John Hunt; for Commissioners for purchasing Tobacco for public use John Haywood, Senr., for the town of Tarborough, John Geddy and Thomas Christmas for the Town of Halifax, and Robert Rowan for the Town of Fayetteville; and for public printer Messrs. Arnett and Hodge. Should you accede to this measure you will signify the same by Message. Mr.—& Mr.—will on the part of this House superintend the balloting.

Received from his Excellency the Governor, the following Message:

To the Honorable the Genl. Assembly:

Gentlemen:

I have the honor to lay before you a letter from the Treasury Board with a statement of the accounts of the several States with the United States so far as they relate to the several requisitions for money and specific supplies.

These accounts did not come to hand until yesterday and altho' laid before you so late in the session the subject being of such consequence to the Union, I flatter myself it will be properly attended to before your separation.

RD. CASWELL.

At the same time received the accounts referred to in this Message which being read,

On motion of Mr. Avery, seconded by Mr. McDowal, Resolved, that the last statement of the accounts transmitted from the board of Treasury of the United States be printed and sent to the several Counties with the Journals of this present session of the General Assembly.

Mr. Blount from the Committee of Privileges and Elections to whom was referred the Petition of part of the Inhabitants of the County of Anson, setting forth the disqualifications of James Terry to set as a Member of the House of Commons, Reported as follows:

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Your Committee of Privileges and Elections to whom was referred the Petition of part of the Inhabitants of the County of Anson, setting forth the disqualifications of James Terry to set as a Member of the House of Commons, Report

That they have examined the Testimony produced against the said James Terry, a part of which is certified to have been taken in his presence, by which it appears that the said Terry did at several times during the late War bear Arms against this State and did also voluntarily attach himself to the British by moving with his property within their lines. Your Committee are therefore of opinion that the said James Terry is unworthy of a seat in the General Assembly and is expressly excluded therefrom by an Act passed last Session of Assembly intitled “an act to describe and ascertain such persons who owed allegiance to this State, and to impose certain disqualifications on certain persons therein described.”

The House taking this report into consideration concurred therewith, whereupon, on motion of Mr. Blount, seconded by Mr.—.

Resolved, a Writ of Election issued to the County of Anson for the Election of one Member of this House in the room and stead of James Terry, and that the said Election be held on the third Monday in April next and the Day following.

Mr. Blount, from the Committee to whom was referred the Memorial of Josiah Parker, delivered in a report which being read, was laid over til the next Session of Assembly.

The additional Bill to amend the several acts for regulating the Town of Wilmington, and to regulate and restrain the conduct of Slaves and others in the said Town, and in the Towns of Washington, Edenton and Fayetteville, was read the third time, passed and sent to the Senate.

The following Bills were read the third time, passed and sent to the Senate, vizt:

A Bill to prevent persons from stopping or obstructing ways, leading to houses of Public Worship.

A Bill to amend an act for making provision for the Poor.

A Bill to impower the Wardens of the Poor to call to account all former Sheriffs, Clerks of County Courts and other persons who have not accounted for taxes and fines by them received, which are appropriated to, or intended for support of the Poor, in the several Counties within this State.

-------------------- page 415 --------------------

A Bill to amend an act passed at Newbern in November, One Thousand Seven Hundred and Eighty-four, intitled “an act to describe and ascertain such persons who owed allegiance to this State, and to impose certain disqualifications on certain Persons therein described.”

A Bill to enable the Public Treasurer more effectually to recover Public Monies that are now due, or hereafter may become due.

A Bill to restore to Edward Bridgen, his heirs and assigns, all his property, real and personal.

A Bill to erect and establish an Academy in the County of Duplin.

A Bill to impower certain persons therein named to receive, sue for, and recover, all such bequests, donations, benefactions and other things as have heretofore been bequeathed, given, or made by any Person or Persons, whatsoever, for the use of the Congregation or Society of the Presbyterian Communion at Wilmington.

A Bill for appointing Commissioners in the County of Rutherford for building a Court House, Prison and Stocks in said County, and for levying a Tax for defraying the expence thereof.

Ordered that Mr. Polk and Mr. Skinner be appointed to superintend the balloting.

Received from the Senate the report of the Committee appointed to receive, examine, and punch the several Species of Certificates from the Public Treasurer, endorsed, “In Senate, read and concurred with,” which being read was concurred with and returned.

Received from the Senate a Resolve of that House allowing John Hunt, a certain sum therein mentioned for going to Richmond, in Virginia, to get the Laws of the last Session, &c., printed, which being read was concurred with.

Received also a Resolve impowering the Treasurer to pay William Murphey for lost Certificates, &c., which being read was ordered to lie over until the next Assembly.

Mr. Polk from the joint balloting Reported, That by a Majority of the votes of the two Houses of the General Assembly, James Kenan, Esquire, was elected Brigadier General of the District of Wilmington, James Armstrong, Brigadier General for the NewBern District, John Haywood, Junr., Judge of the Superior Court of Davidson, &c., Doctor Miles King a Member of the Council of State, General Griffith Rutherford, and James Gillispie, Esquires, Superintendents

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of the Press for printing the Paper Currency, and John Hunt and Absalom Tatom, Signers.

John Haywood for Tarborough, Robert Rowan for Fayetteville and John Whitaker for Halifax, Commissioners for purchasing Tobacco, and

That Messrs. Arnett and Hodge were elected Public Printers.

The House taking the said Report into consideration concurred therewith.

Whereas, Major General Robert Howe, formerly Colonel of the second Regiment of the Continental line of this State, having been absent from the year 1775 on duty as an officer of the Army to the end of the War, and having during that period distinguished himself for many signal services.

Resolved, that the thanks of the General Assembly be given to General Howe, for the early and distinguished part he took in the late revolution, and for his long and faithful services to the United States in the late War, and that the Speakers do transmit to him the thanks of the General Assembly accordingly.

The House resumed the consideration of the Petition of John Freebody, which was laid before this house at the beginning of this Session by his Excellency the Governor.

Ordered that the same be laid over until the next Assembly.

Whereas, it is represented to this Assembly that two tracts of Land in the possession of George Laine Moore and William Jones, in the County of Granville, which they purchased of Persons who purchased them of Henry Eustis McCullock, who has not made proper conveyances for the same, to vest a legal title in the said purchasers, which for want of such proper conveyances is supposed to be within the description of Lands liable to Confiscation; and, whereas, it is further represented that the purchase Money has been honestly paid, or secured to be paid, to the persons from whom the said Lands have been purchased.

Resolved, therefore, that the Commissioner of Confiscated property for the District of Hillsborough, be and he is hereby directed, to suspend any proceedings relative to the said Lands, under the Idea of their being confiscated until the next General Assembly, to the end that this subject may be then taken up and Justice done to the parties concerned; and

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Whereas, there is a Tract of Land in the County of Granville in the possession of James Cash, which is represented to be in circumstances, similar to those of the Lands above said.

Resolved, that the Commissioner aforesaid conduct himself with respect to the last mentioned Lands in the same manner.

Resolved, that the execution of a Judgment given on the forfeiture of a recognizance in March Term, 1785, in the Superior Court of Morgan District, for the sum of two hundred and fifty pounds against William Walker, be suspended until the next session of the General Assembly, good reasons having been showed to this Assembly, wherefore such suspension should be granted.

Received from the Senate a Resolve of that House allowing Absolom Tatom five Pounds, which being read was concurred with.

Received also, a Resolve appointing a Committee to receive the old State Dollar Bills of the Treasurer, &c., which being read was concurred with.

Received also a Resolve allowing Benjamin Leonard, three Pounds fourteen Shillings, which being read was concurred with.

Received also a Resolve authorizing the Collectors, Sheriffs, &c., in certain Counties therein mentioned, to Collect arrears of Taxes, &c., which being read was rejected.

Received also a Resolve respecting warrants granted by the late and present Governor, &c., which being read was concurred with.

Received from the Senate a Resolve of that House allowing Jas. Malloy, a certain sum therein mentioned, which being read was rejected.

Received from the Senate the account of Memucan Hunt, amountto Eighty Seven Pounds thirteen Shillings, and a Resolve reserving the Blue House, in Hillsborough, for the purposes therein mentioned, which being read were concurred with.

Received from the Senate, the Resolve of this House requesting the Speakers to present the thanks of the General Assembly to General Howe.

The Resolve directing the statement of the accounts transmitted by the Board of the United States to be printed, &c.

The Resolve to exempt William Scott from the payment of a Poll Tax.

The Report of the Committee on the acco't of Doctor Charles Pasteur, severally concurred with.

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Received from the Senate a Resolve of that House allowing Doctor Hugh Boyd two Hundred Pounds in part of his Acco't, &c., which being read was rejected, and the following Resolve adopted, vizt:

Resolved, That Doctor Hugh Boyd be allowed the sum of two hundred Pounds in full of all accounts against this State, for Medical services and Medicines furnished previous to this day, and that his accounts against this State and the United States for such services exhibited to this Assembly be filed among the Assembly papers. That the Treasurer pay him the above sum and be allowed.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We have received and considered the Resolve of your House in favour of Doctor Hugh Boyd, which we do not concur with, but propose that the one herewith sent you be adopted in lieu thereof.

The Honbl. the Speaker laid before the House a Letter from General Howe, which being read, was ordered to lie on the Table until To-morrow.

Received from the Senate the Report of the Committee on the Memorial of General McDowal, concurred with by that House.

Received from the Senate a Bill to explain an amend an act directing the Sale of confiscated property, endorsed “In Senate read the first time and passed.”

Ordered that this bill be read the second time in this House, the same was accordingly read the second time, amended, passed and sent to the Senate.

Received from the Senate a Resolve of that House, directing the Naval Officers to keep an Acco't of the Monies by them received, &c., which being read was rejected.

Received from the Senate the Resolve of this House for suspending the execution on a recognizance forfeited by William Walker.

The Resolve of this House allowing Doctor Hugh Boyd, two hundred Pounds, &c., and the Resolve in favour of George L. Moore and James Cash, respecting Lands supposed to come under the confiscation Laws, &c., severally concurred with.

The following Bills were read the third time, passed and sent to the Senate, vizt:

A Bill to secure and quiet in their possessions all such persons,

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their heirs and assigns who have purchased, or may hereafter purchase Lands and Tenements, Goods and Chattels, which have been sold or may hereafter be sold by Commissioners of forfeited Estates legally appointed for that purpose.

A Bill to impower Commissioners to liquidate the Acco'ts of the Officers and Soldiers of the Continental line of this State, and to receive those of the late Boards of Auditors for a limited time.

A Bill for destroying Wolves, Panthers, Bears, Wild Cats, Crows and Squirrels in the several Counties therein Mentioned. Mr. Person moved for leave to enter his protest against this Bill. Ordered that he have leave accordingly.

A Bill to impower the free holders and free men of the Counties of Washington, Sullivan and Greene to return their representatives otherwise than hitherto directed.

A Bill for establishing a Militia in this State.

A Bill to prevent the sale of such of the Lands of Ralph Macnair, Deceased, as remain unsold in this State, and to impower Edward Hall, of Edgecombe County, Executor of the last Will and Testament of the said Ralph, to collect the debts due from the Inhabitants of this State to the said Ralph, which have become due to him since the passing of the confiscation Act.

A Bill to release certain Persons therein mentioned from judgments on forfeited recognizances, and to impower the Judges to suspend Judgments hereafter to be given in like cases.

A Bill for the relief of Mercy Bedford, and to vest in the Heirs of Jonas and Mercy Bedford the Landed Estate of the said Jonas Bedford.

Mr. Maclaine delivered in the following protest, on passing the Bill, intitled a Bill to secure and quiet in their possessions all such persons, their Heirs and assigns, who have purchased, or may hereafter, purchase Lands and Tenements, goods and Chattels, which have been sold, or hereafter to be sold by Commissioners of forfeited Estates, legally appointed for that purpose.

Dissentient:

Because, by the Bill as it Stands, it is ex post facto Law, making those acts lawful which might otherwise be unlawful, and therefore contrary to the Constitution.

Because, by Acts passed in the year 1777, persons who were obliged to leave this State for refusing to take the oath of allegiance, were permitted

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to dispose of their property, and to make conveyances thereof, and many such persons did sell their estates to fair purchasers, whereas by the Bill, the estates of Persons who come within the Confiscation Laws, and which they passed on the fourth day of July, 1776, or at any time since, may have been sold as confiscated property, and the sales will be confirmed as far as this Bill can confirm them against the honest purchaser.

Because many persons who, on the fourth day of July, 1776, and for years afterwards, had been Citizens of this State, and possessed of all the rights and privileges of Citizens, may since have committed treasonable acts, whereby their Estates became forfeited, and it would be unjust as well as unlawful to comprehend that property which they may have sold previous to the perpetration of those crimes, by which their estates became forfeited, as it would deprive the purchaser without notice of that which might be lawfully purchased, and which the afterwards guilty person might at the time of the sale lawfully dispose of.

Because the passing into a Law a bill depriving all persons deriving their titles under obnoxious or incapacitated persons, from bringing or maintaining suits without the saving clause once unanimously agreed by this House, but since rejected by the Senate, is a violation even of the forms of Justice, and as an unconstitutional law, is nugatory.

Because in case of the sale of any property which has been fairly purchased before any crime committed by the bargainor, the relief held out by the bill of applying to the General Assembly, and receiving the principal and interest, will in many instances be inadequate to the injury sustained, for the real value of Lands may not be a compensation for the loss of an improveable estate, and where the titles given under sales of Commissioners are suspected to be weak, purchasers will not give the full value of the property.

Because in all such cases the State must be the loser, for as the payments may be made in the certificates Granted to officers and Soldiers, the prices given for property have been, and will in some measure be in proportion to the depreciation of those Certificates, and as the Commissioners for superintending the sales draw from the Treasury a Commission of three per Cent. on the gross amount thereof, this sum when compared with the real value of the property

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sold, will amount to between twenty and thirty per Cent. and in many instances, the nominal value of the purchase money will be refunded in Currency, so that instead of discharging those Certificates in their depreciated State, the people may be obliged to pay eight fold of their value.

Because illegal as this Bill is and injurious as it must be in its operation, the title holds out a doctrine not provided for in the enacting clauses as it appears to comprehend Sales and purchases hereafter to be made, and the refusal of this House to alter the title in that respect, lest the property should sell the lower, is holding out to the Commissioners something like an authority to sell any property which they may think proper, and an interested man will not scruple to seize and sell any estate upon which he can draw Commission.

Because if the titles of those Persons intended to be confirmed are now bad, the confirmation against such as have the legal right is improper, and if good no confirmation is necessary.

Because the Laws of this State and the rules of their construction must apply to all ranks of Citizens, nor do we conceive it possible under the present bill to preclude any subject from the benefit of Law by a denial of the known and established rules of Justice, which protect the property of all Citizens equally, nor to place any of them under the adjudication of the General Assembly, whose desire to redress the grievance may be fluctuating, uncertain and ineffectual. A. Maclaine, Thomas Person, John Hay, J. B. Ashe, Jesse Franklin, Richard Singleton, Robert Dickens, Robert Diggs, George Moore.

The Bill to amend the acts passed for purchasing a lot, or lots, in the Town of Wilmington, for the purpose of Building a Jail for the District of Wilmington, and for repairing the Court House of the said District, was read the third time, passed and sent to the Senate.

Received from the Senate a Resolve appointing a Committee to examine and destroy Certificates, &c., which being read was rejected and the following one adopted, vizt:

Resolved, that Abner Neale, Benjamin Coleman, and James Coor, Esquires, be appointed to examine and compare with the cheques all the Certificates now in the hands of the Comptroller,

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and cause the same to be punched thro' with a circular punch, and report the same to the next General Assembly.

The House adjourned til To-morrow Morning half after 7 O'Clock.


Thursday, 29 December, 1785.

The House met according to adjournment.

Received from the Senate the Resolve of this House appointing certain persons to receive of the Comptroller the Certificates therein referred to, concurred with.

Received from the Senate a Resolve of that House allowing Henry Peers the sum of Thirty Pounds, which being read was rejected, whereupon,

Resolved, that Henry Peers, be allowed two pounds for sundries furnished Committees. That the Treasurer pay him the same and be allowed.

Received from the Senate a Resolve of that House directing the Secretary to detain certain Warrants for Lands, &c., which being read was concurred with.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We agree that William Mears be Commissioned as a Justice of the Peace for the County of Moore, but cannot give our consent that any of the others named in the recommendation shall be Commissioned.

The House taking this Message into consideration agreed that William Mears only, of those recommended to be added to the Commission of the Peace for Moore County, be Commissioned as a Justice of Peace.

Received from the Senate a Resolve of that House directing the Treasurer not to issue a Writ against the Executors of Pinkethman Eaton, &c., for a limited time, which being read was concurred with.

The House resumed the consideration of the Letter from General Howe. Ordered that the same be laid over until the next Assembly.

The General Assembly being desirous on all occasions to signify

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their approbation of the conduct of Public officers who have discharged their trust with reputation, take this earliest opportunity of Testifying their acknowledgements to the Honourable Alexander Martin, Esquire, late Governor of this State, for the honor, and that general satisfaction with which he discharged the duties of that high and important trust.

Received from the Senate a Resolve of that House allowing Hardy Jones a certain sum therein mentioned, which being read was concurred with.

Received from the Senate a Resolve of that House allowing Curtis Ivey Eighty Pounds which being read was rejected, whereupon,

Resolved, that Curtis Ivey be allowed the sum of Sixty Pounds for his services as Clerk to the Grand Committee, and for drawing and Engrossing bills during the present Session, which sum the Treasurer is required to pay him, for which this shall be his Warrant.

The Bill to explain and amend an Act directing the sale of Confiscated property was read the third time and rejected.

Received from the Senate a Resolve of that House directing the Secretary not to issue any Grants for Lands lying west of the Cumberland Mountain, which being read was concurred with.

Resolved that final settlement Certificates issued by John Pearce, Auditor's Certificates, County Commissioners' and Comptroller's Certificates be received by the present Commissioners of Confiscated property, for property hereafter to be sold, which shall be allowed them in their settlements.

Received from the Senate a Resolve of that House directing the mode of appointing Clerks at future Assemblies, which being read was concurred with.

Resolved that Anderson Hunt be allowed the sum of Ten Pounds for drawing and Engrossing Bills, and acting as Clerk to the Committee of Privileges and Elections for the House of Commons. That the Treasurer pay him that sum and be allowed.

Received from the Senate the Resolve of this House allowing Curtis Ivey Sixty pounds, concurred with.

Resolved, that Absalom Tatum be allowed the Sum of fifteen Pounds for drawing and Engrossing Bills, which sum the Treasurer is required to pay him, for which this shall be his Warrant.

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Ordered that the Bill for selling the Palace, &c., be laid over until the next Assembly.

Received from the Senate a Resolve allowing Joshua Winslow Fifteen Pounds, and one other Resolve allowing John Lockhart Twenty Pounds, which being read was concurred with.

Resolved that the Commissioners for the sale of Confiscated property in settling their accounts with the Comptroller for the amount of sales shall distinguish what sums have been paid them in currency from the sums that they have been paid in Certificates, an abstract of which account shall be transmitted to his Excellency the Governor, who shall give his drafts on the Treasurer accordingly, that is to say, the Commissioner shall receive a draft for his allowance of three per Centum in Cash for so much as he shall have received in Cash, and a draft for three per Cent in Certificates, for which he shall have accounted and the Treasurer shall be allowed in the settlement of his accounts for such payments as he shall have made accordingly.

Resolved, that Bazzel Smith be allowed the sum of Twenty Pounds for Fire wood furnished for the Assembly, that the Treasurer pay him the same and be allowed.

Resolved, that James Malloy be allowed the sum of Twenty-four Shillings to pay for a Bible and four benches furnished the last General Assembly and not paid for.

Received from the Senate the Estimate of allowances to the Members, Clerks, &c., of that house for attendance in June, which being read was concurred with.

Received also the Estimate of the allowances to the Members, Clerks, &c., of that House for attendance the present Session. The allowance to the Clerk, being one hundred and Sixty Pounds, was objected to. It was agreed that the allowance be reduced; and one hundred and fifty Pounds was then proposed, which was also objected to, the question being put was carried in the affirmative, whereupon the yeas and nays were required by Mr. P. Hawkins, which are as follows:

Yeas:—Messrs. Oliver, Smith, Dickens, Cooper, Sanders, Sheppard, Rhodes, Polk, D. Hall, Person, Skinner, McKissick, Sloan, Bonds, Taylor, Hayes, Martin, B. Williams, Eborn, Dodd, Tisdale,

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Philips, Diggs, Rowan, Edmunds, Lock, Berger, Phifer, Alexander, Singleton, Webb, J. P. Williams, Flowers and Frohock—34.

Nays—Messrs. Blount, Smaw, Collins, Williamson, Sawyer, White, Stewart, Griffith, P. Hawkins, Montgomery, Manney, Hamilton, Cain, Moye, J. Jordan, W. Hawkins, McDonald, C. Roberson, Moore, Franklin, Lewis, Hill, McDowal, Smithwick, S. Williams, Carrol, Leonard, W. Taylor, Grant, and Coxe—30.

Resolved, that William Good, Esquire, be appointed to take possession of the Palace and other public buildings, thereunto belonging, and take care of the same until the next General Assembly, and that all necessary expenses incurred to secure the said buildings from injury and damage shall be allowed out of the rent, and that the said William Good be authorised to collect the rent, which has become due, or which hereafter shall become due for the same.

Received from the Senate the Resolve of this House allowing the Commissioners of Confiscated property to receive three per Cent on the Money by them received and three per Cent out of the Certificates, &c.

The Resolve allowing James Malloy twenty four Shillings.

The Resolve allowing Bazzell Smith Twenty Pounds.

The Resolve allowing Andrew Hunt Ten Pounds.

The Resolve allowing Absalom Tatum Fifteen Pounds, and the Resolve directing that final settlement Certificates issued by John Pearce, and other Certificates be received in payment for Confiscated property hereafter to be sold, severally concurred with.

The estimates of allowances to the Members, Clerks, &c., of this House for attendance in June, and in the present Session, being completed, were agreed to by this House and sent to the Senate for their Concurrence.

Ordered that the Public Printer publish in the NewBern Gazette for three weeks successively:

The Bill for increasing the number of Judges, for dividing the Superior Courts into different Circuits and for establishing a Court for the decision of appeal, Writs of Error, Matters of Law and causes in Equity, which was rejected in the Senate this Session, and the Bill to impose certain taxes on Law proceedings for the purposes therein mentioned, which was laid over until the next Session.

Resolved, that the thanks of this House be presented to the Honourable

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Richard Dobbs Spaight, Esquire, for his able, faithful and public spirited services as Speaker thereof during this Session.

Received from the Senate the Estimate of allowances concurred with.

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