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Minutes of the North Carolina Senate
North Carolina. General Assembly
January 27, 1781 - February 14, 1781
Volume 17, Pages 635-714

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SENATE AND HOUSE JOURNALS—1781.
FROM 27TH JANUARY TO 23RD JUNE, 1781.


State of North Carolina,
In Senate 27th January, 1781.

At a General Assembly begun and held at Halifax the 27th day of January in the year of our Lord one thousand seven hundred and eighty-one, and in the 5th year of the Independence of the said State, it being the third session of the Assembly.

Present: The Honorable Alexander Martin, Esquire, Speaker, and the following members, to-wit: Oroondates Davis, Benjamin Williams, John Devane, Ambrose Ramsey, James Johnson, Robert Irwin, William Shepperd, John Collier, Richard Clinton, Elisha Battle, Memucan Hunt, Herbert Haynes, Henry Hill, Nathan Boddie, Benjamin Cleveland, William Courtney, Edward Everagin, Richard Caswell, Charles Medlock, Evan Shelby, John Hinton, and Kenneth McKenzie, Esquires.

Mr. Charles Johnson for the County of Chowan, Mr. John Gray for the County of Camden, and Mr. Drury Ledbetter for the County of Montgomery, pursuant to the Certificates of the Returning Officers of said counties respectively, appeared, qualified agreeable to law and took their seats.

John Sitgreaves, Esq., late Clerk of the Senate, having declined acting, on motion John Haywood was appointed Clerk and Sherwood Haywood, Assistant.

Ordered that the following Message be sent to the Commons:

Mr. Speaker and Gentlemen:

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

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

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

Adjourned til to-morrow morning 10 o'clock.

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Sunday 28 January, 1781.

Met according to adjournment.

Ordered that the following address be presented His Excellency, the Governor, first having the approbation of the House of Commons:

To His Excellency, Abner Nash, Esquire, Captain General, Governor, &c., &c.

Sir:

The General Assembly being now convened beg leave to inform your Excellency that they are ready to take under consideration such dispatches and other public matters you may think proper to lay before them.

Ordered that the foregoing address with the following Message be sent the Commons for concurrence.

Mr. Speaker and Gentlemen:

We propose that the Address herewith sent you, be presented his Excellency, the Governor, and have on our part appointed Mr. Hunt to wait on him with the same.

Ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

This House have appointed Colonel Irwin, Mr. Davis, Colonel Ramsey, Mr. Clinton, Mr. Charles Johnson, and Major General Caswell a Committee, who will act jointly with such gentlemen of your House as may be appointed to ascertain the adequate and proper allowances to be made by the General Assembly for articles furnished the public.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send you the remonstrance of sundry people called Quakers, which we propose referring to a joint Committee of both Houses and have on our part appointed Messrs. Person, Hawkins, Wilson, Harrington, and Williams a Committee.

Ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

Colonel Shelby, Mr. Courtney, and Mr. Battle will act with the

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gentlemen by you appointed to consider of the Remonstrances of the Quakers of Wayne County.

Received from the Commons, a Bill to enforce the attendance of the Members of the General Assembly. Endorsed in the House of Commons 28 January, 1781, “read the first time and passed.”

Ordered that the same be read. Read the first time, passed and returned to the Commons.

Ordered that the following Message be sent to the Commons:

Mr. Speaker and Gentlemen:

The Senate have appointed Mr. Davis, Major General Caswell, Mr. Charles Johnson, Mr. McKenzie, Col. Irwin, and Mr. Shepperd a Committee, who will act jointly with such of your body as may be appointed to consider of and report what Bills of Public Utility are absolutely necessary to be passed into Laws by the present Assembly, and prepare the same.

Adjourned til to-morrow morning 10 o'clock.


Monday 29th January, 1781,

The House met.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send you a Message from his Excellency, the Governor, addressed to the General Assembly, together with sundry letters and public papers, which this House have had under consideration.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

The Commons have appointed Messrs. Person, Phifer, Bloodworth, Macon, Smith and Blount to act as a Committee with the Gentlemen by you appointed to ascertain the adequate and proper allowances to be made by the General Assembly for Articles furnished the Public.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

This House have appointed Messrs. Lock, Starkey, Harrington, Williams, Person, and P. Hawkins to act with the Gentlemen by you appointed to consider of and report what Bills of Public Utility

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are necessary to be passed into Laws by the present Assembly, and to prepare the same.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

This House have appointed Messrs. Jordan, Harrington, Blount, Winslow, and Smith to act with such Gentlemen as the Senate may appoint to examine the accounts of Robert Bignall, Esqr., Commissioner of Trade, and make report thereon.

Ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

This House have received the Message of yours appointing certain members to act as a Committee on your part for settling and adjusting the accounts of Mr. Bignall, one of the Commissioners of Trade, with which we do not concur; but propose in lieu thereof that a settlement should be made with the Commissioners of Trade generally, and appoint on our part Mr. Hunt and Mr. Ramsey for this purpose.

Resolved, That Mr. Benjamin Hawkins be summoned to attend this present Session of Assembly and settle his accounts as Commissioner of Trade and Commercial Agent.

Ordered that the foregoing Resolves, with the following Message, be sent the Commons for Concurrence:

Mr. Speaker and Gentlemen:

We send for your Concurrence a Resolve of this House, directing Benjamin Hawkins, Esquire, to appear at this Session and settle his accounts as Commissioner of Trade and Commercial Agent.

Mr. James Coor, the Member for the County of Craven, and Mr. John Simpson, the Member for the County of Pitt, appeared and took their seats.

Ordered that Mr. Coor be added to the Committee appointed to consider and report what Bills of Public Utility are absolutely necessary to be passed into Laws by the present Assembly, and prepare the same.

On motion, ordered that the Message from His Excellency the the Governor of this date, addressed to the General Assembly, together with the several Resolves of the General Assembly, Congress,

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Letters, &c., therein alluded to, be referred to the joint Committee appointed to consider of and report what Bills of Public Utility are absolutely necessary to be passed into laws by the present Assembly, and prepare the same.

Read the petition of John Wooten, of Franklin County, praying, &c.

Resolved, That the said John Wooten be allowed an annuity of Twenty Barrels of Corn, to be paid him yearly out of the Specific Tax by the Commissioner of Franklin County.

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

Mr. Speaker and Gentlemen:

We send for your Concurrence a Resolve in favor of John Wooten, of Franklin County, together with his petition.

Received from the Commons a Bill to continue the Executive powers of Government in the present Governor and Council after the 15th day of April next, on the contingency therein mentioned. “Endorsed in the House of Commons 29th January, 1781; read the first time and passed.”

Ordered said Bill be read. Read, passed the first time and returned to the Commons.

Read the petition of Anne Lovick, of Craven County, praying, &c.

Ordered that it be referred to a joint Committee, and that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

This House have appointed Colonel Medlock and Colonel Williams a Committee to act in Conjunction with such of your Body as may be appointed to examine and report on the Facts contained in the Petition of Anne Lovick, herewith sent you.

Received from the Commons a Bill to repeal an Act entitled an Act to suppress excessive Gaming, passed at Newbern the first Session of the present General Assembly. Endorsed in the House of Commons 29th January, 1781, “read the first time and passed.”

Ordered the said Bill to be read. Read the first time and passed and returned to the Commons.

Colonel John Carter, the Member for the County of Washington, appeared and took his seat.

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On motion, resolved, that the Honorable Joseph Leech, Esquire, remit to the Continental and Militia Officers in the service of this State now on Parole to the Southward with the Enemy, through the Hands of Captain Armstrong, such Sum in Specie as he may have in his Hands due to the Public for and on account of salted Provisions sold in the West Indies.

Resolved, That Benjamin Hawkins, Esquire, deliver into the Hands of Captain Armstrong such Sum in Specie as he may have lately received from the Hon'ble Joseph Leech, Esquire, on public Account, for the use of the Continental and Militia Officers belonging to this State, now on Parole to the Southward with the Enemy.

Ordered that the foregoing Resolves, with the following Message, be sent the Commons for Concurrence.

Mr. Speaker and Gentlemen:

We send for your Concurrence a Resolve directing Joseph Leech, Esquire, to deliver Captain Armstrong, Esquire, such Sum in Specie as he may have in his hands due the Public; also a Resolve directing Benjamin Hawkins, Esquire, to deliver said Armstrong such Sum in Specie as he may have received of Colonel Leach, to be sent for the relief of the Continental and Militia Officers belonging to the State, now on Parole to the Southward with the Enemy.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your Concurrence a Resolve of this House exempting Alexander Downie, of Duplin County, from the payment of poll Taxes.

The Resolve above referred to being read, ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Resolve of your House in favor of Alexander Downie, of Duplin County, we return you herewith, concurred with.

Received from the Commons a Bill to enforce the Attendance of the Members of the General Assembly. “Endorsed in the House of Commons 29th January, 1781. Read the second time, amended and passed.” Ordered said Bill be read. Read, and on motion, ordered that Mr. Battle and Mr. Hunt have leave to take out and amend the same.

Adjourned til to-morrow Morning 10 o'clock.

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Tuesday 30th January, 1781.

The House met.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith return the Resolve of your House, directing Jos. Leech, Esquire, to deliver Captain Armstrong such sum in Specie as he may have in his hands due the public, and the Resolve directing Benjamin Hawkins, Esquire, to deliver said Armstrong such sum in Specie as he may have received of Colonel Leech, to be applied as therein directed. Concurred with.

Received the Resolve above referred to. Endorsed in the House of Commons 29th January, 1781, “Concurred with.”

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House requesting the Board of War to lay the Journal of their proceedings before th Assembly.

The Resolve above referred to being read was concurred with.

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve of this House for requesting the Commissioners of the Board of Trade to repair to the present Assembly in order to settle their accounts, &c.

Ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Resolve of your House requesting the Board of War to lay the Journal of their Proceedings before the Assembly, and the Resolve requesting the Commissioners of the Board of Trade to repair to the present Assembly in order to settle their accounts, &c., we return you concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Message which we propose presenting to His Excellency the Governor, informing him that the Assembly are ready to take under Consideration the Journals and proceedings of the Council of State since the last Session.

The Message referred to in the above being read, was rejected.

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Ordered that the following be addressed to and sent to his Excellency the Governor, first having the assent of the House of Commons.

To His Excellency Abner Nash, Esquire, Gov., Captain General, &c.:

Sir:

The General Assembly inform your Excellency that they are ready to take under Consideration the Proceedings of the Council of State since the last Session of Assembly, and request your Excellency will be pleased to direct the Journal thereof to be laid before them.

Ordered that the foregoing address be sent the House of Commons for their approbation.

Mr. Speaker and Gentlemen:

This House have received the Message of yours addressed to His Excellency the Governor and propose that the address herewith sent you be substituted in lieu thereof.

Mr. Battle, according to order, presented the Bill “to Enforce the Attendance of the Members of the General Assembly and to make adequate allowance for such attendance,” which, being read with the amendments, was passed the second time and returned to the Commons.

Received from the Commons the following message:

Mr. Speaker and Gentlemen:

We herewith send for your Concurrence the Report of the Committee appointed to take under Consideration the Remonstrance of the Quakers, together with the Resolve of this House, entered into in consequence thereof.

The Report and Resolve above alluded to, being read, were rejected, and on motion,

Resolved, That the respective Taxgatherers within this State collect from the Quakers, Moravians, Mennonists and Dunkards, who have not inventoried their Taxable Property, no more than seven times the Sum which the good Citizens who have fully complied with the Laws of this State in every respect would be liable to pay on the same amount of Taxable Property.

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

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Mr. Speaker and Gentlemen:

This House cannot agree to the Resolve of yours respecting the Tax to be collected from Quakers, &c., &c. We are of opinion the Law is clearly expressed, and requires those Denominations to pay a threefold Tax in lieu of Military Duty, and for neglecting to return List of their Property a Four fold Tax for such neglect, which, in the last mentioned case amounts to a Seven fold Tax; agreeable to which we send for your Concurrence a Resolve for the direction of the several Collectors.

Received from the Commons a Bill to raise Men to complete the Continental Battallions of this State. Endorsed in the House of Commons 30th January, 1781. “Read the first time and passed.” The same being read, passed the first time and was returned to the Commons.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith return the Resolve of your House allowing John Wooten an Annuity of Twenty Barrels of Corn. Concurred with.

Received the Resolve referred to in the foregoing Message. Endorsed, in the House of Commons 30th January, 1781. “Concurred with.”

Mr. Speaker and Gentlemen:

The House have appointed Messrs. Starkey, Caswell, and Mitchell to act jointly with the Committee appointed by the Senate to examine and report on the Facts contained in the Petition of Anne Lovick.

Received from the Commons “a Bill to continue the executive powers of Government in the present Governor and Council after the fifteenth day of April next, on the Contingency therein mentioned.” Endorsed, in the House of Commons 30th January, 1781. “Read the second time, amended and passed.” Ordered said Bill be read. Read, passed the second time and returned to the Commons.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send you a Message from His Excellency the Governor, addressed to the General Assembly, with Sundry Letters, &c., as

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also a Letter from the Marquis of Bretaigne, an Address from Colonel Malmedy, the Petition of James Hunter, and the Petition of Larllin (?) Cleveland, which we propose referring to a joint Committee to examine and report upon, and have for that purpose on our part appointed Messrs. J. Hawkins, Person, Williams, Harrington, Blount, and Scurlock (?) a Committee.

Ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Senate agree with the Commons in referring the Message from His Excellency the Governor, together with the Letter, &c., by them alluded to, to a joint Committee, and have on their part for that purpose appointed Mr. Courtney, Colonel Cleveland, Colonel Medlock, and Colonel Ledbetter a Committee.

Resolved, That Joseph Leech, Esquire, Commissary of Prisoners, be directed to purchase or obtain on Loan, Fifty Hogsheads of Tobacco, and remit the same as soon as may be to Charlestown by a Flag of Truce, to be applied towards alleviating the distresses of the Officers and Soldiers of the Continental and Militia Lines belonging to this State, in Captivity to the Southward, and that he pledge the faith of this State that such Tobacco shall be duly paid for if purchased, or replaced in case the same is obtained on Loan, at the rate of ten per cent. Interest until paid.

Resolved, That His Excellency the Governor be requested to grant a warrant or warrants on the Treasury in favor of such person as he shall appoint to proceed with the said Flag to Charlestown for such sum or sums as may be necessary to defray the Expenses and Charges accruing on the Executing this Business.

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

Mr. Speaker and Gentlemen:

We send for Concurrence a Resolve in favor of the Officers and Soldiers belonging to this State, now in Captivity with the Enemy to the Southward.

Received from the Commons the following Messages:

Mr. Speaker and Gentlemen:

We herewith return the Resolve of your House respecting the Tax to be collected from the Quakers, &c. Concurred with.

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Received the Resolve above referred to. Endorsed, in the House of Commons 30th January, 1781. “Concurred with.”

Mr. Speaker and Gentlemen:

The Message proposed by the Senate to be presented to His Excellency the Governor requesting that he will be pleased to lay the Journals of the Councils of State since the last Session, before the Assembly, this House approve of.

On motion, resolved, that the Prisoners of War at Salisbury and Hillsborough be removed from the respective places of their confinement to Halifax. And that General Jones, as Commanding Officer of the Militia in the district of Halifax for the time being, be directed to order a guard of at least One Hundred Men, to be commanded by a Field Officer, and that he order such Guard to be relieved every three Months, which Guard shall take charge of not only the prisoners aforesaid, but also of all other Prisoners of War which may be sent by Public Authority to be confined at Halifax aforesaid. That the Officer commanding the said Guard cause such Numbers of the Men as he shall think proper to be employed in erecting a Stockade Fort to enclose the Gaol in the said Town of Halifax.

It is further resolved, that General Jones be directed to order One Hundred of the Militia of his District, to be commanded by a Field Officer, to proceed to take charge of and March the said Prisoners from Salisbury and Hillsborough to Halifax aforesaid.

Ordered that the foregoing Resolve, with the following Message be sent the Commons for Concurrence.

Mr. Speaker and Gentlemen:

We send for your Concurrence a Resolve directing the Removal of the Prisoners of War at Salisbury and Hillsborough, &c.

Mr. John Devane has leave of absence during the present Session of Assembly.

Adjourned till To-morrow Morning 9 O'clock.


Wednesday, 31st January, 1781.

The House met.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We return the Resolve of the Senate in favour of the Officers and

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Soldiers belonging to this State now in captivity with the Enemy to the Southward, concurred with.

Received the Resolve referred to in the above Message Endorsed, “In the House of Commons 31st January, 1781, concurred with.”

Received from the Commons “a Bill to regulate and establish a Militia” Endorsed, “In the House of Commons 31st January, 1781, read the first time and passed.” Ordered the said bill be read. Read, passed the first time and returned to the Commons.

Sundry Affidavits being laid before the House charging Mark Allen and Joel McClendon, two of the Justices of the Peace in the County of Montgomery, with sundry treasonable practices and misdemeanors, rendering them unworthy of their said offiees, whereupon it is Resolved, that the said Mark Allen and Joel McClendon be suspended from executing their respective offices of Justices of the Peace for the County of Montgomery aforesaid, until re-instated by the General Assembly, and that each of them have notice thereof.

It is further Resolved, that the said Mark Allen and Joel McClendon be committed by some Justice of the Peace for the said offences to the public Gaol for the District of Salisbury until they respectively give proper security for their appearance before the next Superior Court for that District to answer the said charges.

Ordered that the foregoing Resolve with the following Message be sent the Commons for concurrence.

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve suspending from office, &c., Mark Allen and Joel McClendon, two of the Justices of the Peace for Montgomery County; together with sundry affidavits relative to the conduct of the said Allen and McClendon.

Mr. Charles Johnston moved for leave and presented “a Bill for encouraging the Importation of Arms, Ammunition and other warlike Stores” which was read the first time, passed and sent the Commons.

Read the petition of William Courtney, Esquire, praying, &c. Ordered that Major General Caswell, Mr. Everagin, Mr. Shepperd and Mr. Collier be a Committee on the part of this House to consider of and report on the same; and that the following Message be sent the Commons.

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Mr. Speaker and Gentlemen:

This House propose referring the Petition of William Courtney, Esquire, herewith sent you to a joint Committee, and have for that purpose on their part appointed Major General Caswell, Mr. Everagin, Mr. Shepperd and Mr. Collier.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your perusal and examination a Letter from Dr. Williamson, Surgeon General to the Militia, late under the command of Major General Caswell, with a return of the wounded, prisoners, &c., taken by the enemy at the action near Camden, on the 16th of August last. We also send the resignation of the Lt. Colonel of Camden, and the first Major of Perquimans County.

The Papers alluded to in the above being read, ordered, that the following Message be sent the Commons.

Mr. Speaker and Gentlemen:

The Senate have received your Message together with Dr. Williamson's Letter and the other papers mentioned, and propose that they be referred to a joint Committee, and have for that purpose appointed Mr. Speaker, General Caswell, Col. Williams, Mr. Davis, Mr. Charles Johnston, Colonel Irwin, Colonel Shelby and Mr. Hunt, a Committee who will likewise act with such Gentlemen as may be appointed by the House of Commons, to devise Ways and Means for effecting an exchange of the Militia belonging to this State now in Captivity to the Southward.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

This House agree to refer the Petition of William Courtney, Esquire, to a joint Committee and have on their part appointed Mr. McCawley, Mr. Williams, Mr. Peebles, Mr. Winslow, Mr. Starkey and Mr. Whitaker, a Committee for that purpose.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send you the Petition of Kedar Harold, which we propose referring to a joint Committee and have on our part appointed

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Messrs. Freeman, Macon, Wilson and Dixon, a Committee for that purpose.

Ordered that Mr. Hill and Mr. Clinton on the part of this House act on the above Committee, and that the following Message be sent the Commons.

Mr. Speaker and Gentlemen:

Mr. Hill and Mr. Clinton on the part of the Senate, will act with the Gentlemen by you appointed, to consider of the Petition of Kedar Harold and report thereon.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send you the Petition of William Richardson Davie and a Resolve of this House in consequence thereof, for your concurrence.

The Petition and Resolve above referred to being read, were ordered to lie on the table.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your Perusal a Message from His Excellency the Governor.

The Message above referred to being read was ordered to lie on the table.

On motion agreed that Mr. Hill have leave of absence until Monday next.

Received from the commons the following Message:

Mr. Speaker and Gentlemen:

We send for your Perusal, &c., sundry extracts of Letters and Resolutions of Congress which we propose referring to the joint Committee appointed to examine and report upon the sundry public papers, &c., laid before the Assembly by His Excellency the Governor, &c., we propose referring the Petition of Captain Armstrong herewith sent you to the same Committee.

Ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Senate agree with the Commons in referring the Extracts of Letters, Resolutions of Congress, &c., also Captain Armstrongs Memorial,

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to the joint Committee appointed to take under consideration the Public Papers laid before the Assembly by His Excellency the Governor.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send you the Report of the Committee on the Petition of Mrs. Anne Lovick, concurred with by this House.

Received the report above referred to as follows:

The Committee to whom the Petition of Anne Lovick was referred, report as follows:

That after maturely considering the Allegations set forth in the said Petition, we have reason to believe that they are true; but as it appears that Mr. Smith, has not had notice, previous to the presentment of the said Petition, we are therefore of opinion, that two Justices of the Peace, of the County of Craven be appointed to take the Deposition of the witnesses and Examination of the Parties concerned, and make their proceeding known to the next General Assembly, and that Mr. Smith have notice of the subject matter of the Petition
.

The House taking the above report into consideration concurred therewith.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send you a Message from His Excellency the Governor, accompanied by a Letter from Colonel Kenan of Duplin County, which we propose referring to a joint Committee, and have on our part appointed Messrs. Starkey, Gillespie and Herndon, a Committee.

The Message and Letter above referred to being read, Resolved, that James Kenan, Esquire, be appointed Colonel Commandant of the Militia in the District of Wilmington, in the absence of Brigadier General Lillington, with all the power to call out the Militia of that District as occasion may require, which are by law vested in the Brigadier General when present.

Resolved, that His Excellency the Governor, be directed to order to be raised immediately such and so many of the Militia of the Districts of Newbern and Wilmington as shall appear to him to be

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convenient and necessary to repel the Enemy lately arrived in Cape Fear River, and to take such other measures as he shall deem conducive to the defence and safety of the State. Ordered that the foregoing Resolve with the following Message be sent the Commons for concurrence.

Mr. Speaker and Gentlemen:

This House have received the Message of yours proposing that the Message from His Excellency the Governor, together with the Letter from Colonel Kenan be referred to a joint Committee, with which we do not concur, but propose that the Resolve herewith sent you, relative to the subject matter thereof, be immediately adopted.

Resolved that the annual allowance heretofore made Richard Fletcher, late of Washington County, be discontinued; the said Fletcher being notoriously guilty of passing counterfeit money. Ordered that the foregoing Resolve with the following Message be sent the Commons for concurrence.

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve discontinuing an allowance heretofore made R. Fletcher, late of Washington County.

Resolved, that agreeable to the Recommendation of the Court of Pitt County, William Kilpatrick, a wounded Soldier, be allowed twenty barrels of corn, to be paid him out of the Specie Tax of said County.

Ordered that the foregoing Resolve with the following Message be sent the Commons.

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve in favour of Wm. Kilpatrick of Pitt County.

Adjourned till to-morrow morning 9 O'Clock.


Thursday, February 1st, 1781.

The House met.

Mr. Hunt moved for leave and presented a Bill to continue an Act for quieting such persons as may suffer in their titles and claims of land, by reason of the extension of the Boundary line between

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this State and the Commonwealth of Virginia; which was read the first time, passed and sent the Commons.

Received from the Commons the following Message.

Mr. Speaker and Gentlemen:

We send for your concurrence a resolve of this House appointing the Field Officers in Rutherford County.

The Resolve above referred to being read was concurred with.

Ordered that the following Message be sent the Commons.

Mr. Speaker and Gentlemen:

The Resolve of your House appointing Field Officers in Rutherforn County, we return you concurred with.

Received from the Commons the following Message.

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House appointing Field Officers for the County of Cumberland, &c.

The Resolve above alluded to being read was concurred with.

Ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Resolve of your House appointing Field Officers for the County of Cumberland, we return you concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve of this House requesting His Excellency the Governor, to grant warrants on either of the Treasurers of this State in favor of Colonel Blount for ten thousand pounds.

The Resolve above referred to being read was concurred with.

Ordered that the following Message be sent the Commons.

Mr. Speaker and Gentlemen:

We return the Resolve of your House requesting His Excellency the Governor, to grant warrants on either of the Treasurers of this State in favor of Colonel Blount concurred with. On motion, Resolved, that His Excellency the Governor be requested to send a Flag of Truce to Charlestown, for the purpose of conveying a quantity

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of Cloathing in the possession of Col. Long purchased to the Northward for the Continental Officers; and other supplies to the Officers and Soldiers of the Continental and Militia Lines, belonging to this State in captivity to the Southward, and that Captain Thomas Armstrong be recommended as a proper person to be the bearer of the said Flag.

Ordered that the foregoing Resolve with the following Message be sent the House of Commons.

Mr. Speaker and Gentlemen:

We send for your Concurrence a Resolve requesting His Excellency the Governor to send a Flag of Truce to Charlestown for the purpose therein mentioned; also recommending Captain Armstrong as the Bearer thereof.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

This House have rejected the Resolve of your House allowing William Kilpatrick Twenty Barrels Corn out of the Specific Tax in Pitt County, and with the Concurrence of the Senate in exempting him from the Payment of Poll Taxes.

Ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Resolve of your House exempting William Kilpatrick, of Pitt County, from Payment of Poll Taxes we return you Concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith return the Resolve of your House discontinuing an Annual Allowance heretofore made Richard Fletcher, Concurred with.

Received the Resolve referred to in the foregoing Message. Endorsed, in the House of Commons 31st January, 1781. “Concurred with.”

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith return the resolve of your House suspending Mark

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Allen and Joel McClendon from the Execution of their Offices of Justices of the Peace, Concurred with by this House.

Received the Resolve above alluded to. Endorsed, “in the House of Commons 31st January, 1781. Concurred with.”

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith return the Resolve of your House requesting His Excellency the Governor to send a Flag of Truce to Charlestown, Concurred with.

Received the Resolve above referred to, Endorsed, “In the House of Commons 31st January, 1781, Concurred with.”

Colonel John Gray, the Member from Camden County, hath leave of absence during the present Session.

Resolved, That Major General Caswell and Mr. Davis be a Committee on the part of this House to prepare an address of Thanks to be presented the Officers who were Active in the Capture of the British Troops commanded by Lieutenant Colonel Ferguson at King's Mountain.

Ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Senate have appointed Major General Caswell and Mr Davis a Committee, who will act jointly with such Gentlemen of your Body as may be appointed to prepare an address of Thanks to be presented the Officers who were Active in the Capture of the British Troops Commanded by Lieutenant Colonel Ferguson at King's Mountain.

On motion, ordered that the following be presented His Excellency the Governor, first having the assent of the Commons:

To His Excellency Abner Nash, Esquire, Governor, &c.:
Sir:

The General Assembly beg leave to assure your Excellency that in case it be found necessary to continue a Board of War in this State, the Powers of that Board will be so regulated as to prevent all just Cause of Umbrage or Complaint from your Excellency in future.

Ordered, that the foregoing Address with the following Message be sent the Commons for their Approbation:

-------------------- page 654 --------------------

Mr. Speaker and Gentlemen:

You will herewith receive for your Concurrence an address proposed by this House to be presented His Excellency the Governor.

Received from the Commons “a Bill to continue an Act for quieting such persons as may suffer in their Titles by reason of the Extension in the Boundary Line between this State and the Commonwealth of Virginia.” Endorsed, in the House of Commons, 1st February, 1781, read the first time and passed.

Ordered, that the same be read. Read, passed the second time, and sent the Commons.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We return the address proposed by you to be presented His Excellency the Governor, Concurred with.

Whereas, it is represented to the General Assembly by Colonel Cleveland, of Wilkes County, that he hath now on his Hands One Hundred and Fifty-three stands of Arms taken from Major Ferguson's Party at the Battle of King's Mountain. Fifty-three of which stands Colonel Cleveland considers as his own Property by Purchase from the Captors; the other Hundred stands ready to be applied to public use, on the said Captors receiving satisfaction for the same; Therefore,

Resolved, That Charles Gordon, John Brown, and—Herndon be and they are hereby nominated and app't Commissioners for receiving said Arms, valuing the same and Granting Certificates for the amount thereof, which Certificates shall bear interest at the rate of six per cent. per annum until paid, and then be divided amongst the Captors legally claiming a share and part of said Arms.

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

Mr. Speaker and Gentlemen:

We send for your Concurrence a Resolve relative to certain Arms in the Hands of Colonel Cleveland, taken at the Capture of the British at King's Mountain.

-------------------- page 655 --------------------

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your Concurrence a Resolve of this House requesting His Excellency the Governor, to grant a warrant on the Treasurer of the District of Wilmington in favor of David Dood, Commissioner of Duplin County.

Ordered, that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

We return the Resolve of your House requesting His Excellency the Governor to grant a warrant in favor of David Dood on the Treasurer of the District of Wilmington, Concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your Concurrence a Resolve of this House in favor James Hunter, of Guilford County.

Ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Resolve of your House in favor of James Hunter, of Guilford County we return you, Concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

The Commons have appointed Messrs. Lock, Smith, May, Phifer, and Montford to act with the Gentlemen appointed by the Senate to take under consideration the Letter of Dr. Williamson, and to devise Ways and Means for effecting an Exchange of the Militia belonging to the State now in Captivity to the Southward.

Major General Caswell, from the joint Committee appointed to ascertain the adequate and proper allowances to be made by the General Assembly for Articles furnished the public, reported as follows:

The Committee appointed to ascertain adequate and proper allowances to be made by the General Assembly for Articles for furnished the Public,

-------------------- page 656 --------------------

Report, that it is their opinion the Prices following are adequate and proper to be allowed, that is to say,

For every pound of French Beef
£1
12
Three year old steers and barren or dry cows each.
440
Four year old steers
560
Five year old steers
640
Six year old steers and upwards
720
Salt Beef per Barrel
800
Fresh Pork per pound
2/
8
Salt Pork per Barrel
1000
Mutton each, good sheep
100
Wheat per bushel
45
Flour per hundred weight
135
Oats per bushel
24
Oats in the sheaf, each sheaf
2
Rye per bushel
40
Hay and Corn Blades per Cwt. each
30
Bran per bushel
6/
8
Brandy per gallon
80
Whiskey per gallon
60
Cider per barrel
60
Brown sugar per pound
16
Molasses per gallon
50
For butter and cheese per pound
6
For bacon per pound
5
Dried Beef per pound
3/
10
Hire of a single horse per day
10
A wagon without team per day
10
A cart without team per day
5
Clean rice per hundred weight
150
Rough rice per bushel
45
Shoeing horses, each shoe
14
Pasturage, each horse 24 hours
2/
Pot Iron per pound
6
Bar Iron per pound
8
-------------------- page 657 --------------------

In the Counties of Rowan, Mecklenburg, Lincoln, Rutherford, Burke, Anson, Montgomery, and Richmond:

For Corn per Bushel
£140
Rum per Gallon
120
Salt per Bushel
640

In the Districts of Halifax and Hillsborough—

For Salt per Bushel
500

In every other part of the State—

For Salt per Bushel
400
Corn per Bushel
25
Rum per Gallon
100

All which is transmitted by the Committee to the Consideration of the General Assembly.

RICHARD CASWELL, Chairman.

The House taking this report into Consideration concurred therewith. and Ordered that with the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

We send for your Concurrence the report of the joint Committee appointed to ascertain the adequate and proper allowance to be made by the General Assembly for Articles furnished the Public, Concurred with by this House.

Resolved, That the Treasurers or any one of them pay into the Hands of John Haywood, Secretary of the Board of War, Fifty Thousand pounds, to defray the necessary Expences and Public Expenditures of the said Board, for which said Secretary is to be accountable. Ordered that the above Resolve with the following Message be sent the Commons for Concurrence:

Mr. Speaker and Gentlemen:

We send for your Concurrence a Resolve directing the Treasurers or either of them to pay into the Hands of the Secretary of the Board of War Fifty Thousand pounds, to be applied as therein directed.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send you a Message from His Excellency the Governor,

-------------------- page 658 --------------------
and have appointed on our part Messrs. J. Williams, Person, Locke, Harrington, and Caswell to confer immediately in conjunction with such Gentlemen as the Senate may appoint, with His Excellency, on the measures proper to be taken for the immediate defence of the State.

Ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

Major General Caswell, Mr. Davis, Mr. Coor, and Mr. Hunt, on the part of the Senate, will, with the Gentlemen by you appointed, attend and confer with His Excellency the Governor, the measures proper to be taken for the immediate defence of the State and report the result of such Conference.

Mr. Davis moved for leave, and presented “a Bill for vesting certain lands therein mentioned in Evan Shelby, his Heirs and Assigns in fee Simple,” which was read the first time, passed and sent the Commons.

Major-General Caswell, from the joint Committee appointed to attend and confer with His Excellency the Governor on the measures proper to be taken for the immediate defence of the State, reported as follows:

The Committee appointed to confer with His Excellency the Governor, &c., beg leave to report as followeth:

That it is the opinion of your Committee a Law be immediately enacted to appoint a Council extraordinary, to consist of three persons in whom the Legislature can place the greatest confidence, to advise His Excellency the Governor in the Exigencies of the State, and that the Governor, with the advice of any two of them, be invested with full power to take such measures as shall be deemed necessary for the defense and preservation of the State, in all cases whatsoever, until the end of the next Session of the General Assembly.

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

Ordered, that the following Message be sent the Commons, with the above Report.

Mr. Speaker and Gentlemen:

We herewith send you the Report of the joint Committee appointed

-------------------- page 659 --------------------
to confer with His Excellency the Governor, &c., concurred with by this House.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We return the Resolve of your House appointing Mr. James Kenan, Esq., Colonel Commandant of the Militia, &c., in the district of Wilmington, &c., concurred with.

Received the Resolve of this House referred to in the foregoing Message. Endorsed in the House of Commons 1st February, 1781. “Concurred with.”

Received from the Commons “a Bill for laying a further tax for compleating the public Buildings in Gates County.” Endorsed in the House of Commons, 31st January, 1781. “Read the first time and passed.” Ordered, that the same be read. Read the first time and rejected.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send you the Memorial of the Affairs of the North Carolina Line, which we propose referring to a joint Committee, and have on our part appointed Messrs. Caswell, Harrington, Blount, Mason, and Person a Committee.

Ordered, that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Senate agree with the Commons in referring the Memorial of the officers of the North Carolina Line to a joint Committee, and have for that purpose appointed Colonel Williams, Mr. Hinton and Mr. Shelby a Committee.

Adjourned til to-morrow 9 o'clock.


Friday, 2nd February, 1781,

The House met.

Received from the Commons a Bill to continue an Act entitled “an Act to suspend the operation of the Confiscation Law.” Endorsed in the House of Commons February 1st, 1781. “Read the first time and passed.” Ordered said Bill be read. Read the first time and reported.

Colonel Irwin moved for leave and presented a Bill to amend an

-------------------- page 660 --------------------
Act entitled “an Act for securing the quiet and inoffensive Inhabitants of this State from being injured; for preventing such property as hath or may be confiscated from being wasted or destroyed, and for other purposes,” which was read the first time and passed, and sent the Commons.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We return the resolve of your House appointing Anthony Bledsoe, Esq., Lieutenant-Colonel of the Sullivan Regiment of Militia. Concurred with.

Received the Resolve referred to in the foregoing. Endorsed in the House of Commons 1st February, 1781. “Concurred with.”

Received from the Commons the following message:

Mr. Speaker and Gentlemen:

We herewith return the Resolve of your House directing the Treasurers to pay into the hands of John Haywood, Esq., Secretary of the Board of War, a certain sum therein mentioned. Concurred with.

Received the Resolve above referred to. Endorsed in the House of Commons, 1st February, 1781. “Concurred with.”

Received from the Commons the following message:

Mr. Speaker and Gentlemen:

The Commons have appointed Messrs. Montford, Starkey, Smith, and Person, a committee, to act with such gentlemen as you may have appointed to prepare an address of thanks to be presented to the officers who were concerned in the capture of the British troops at King's mountains.

Received from the Commons the following message:

Mr. Speaker and Gentlemen:

We herewith return the report of the committee appointed to confer with His Excellency the Governor, &c. Concurred with by this House, also we send you the resignation of John Kinchen, Esq., a member of the Board of Auditors.

Received the report above referred to. Endorsed in the House of Commons, 1st February, 1781. “Concurred with.”

Received from the Commons “a Bill to amend” an Act to prevent

-------------------- page 661 --------------------
the abuses in taking up stray horses, cattle, hogs, and sheep and other things therein mentioned. Endorsed, in the House of Commons, 1st February, 1781. “Read the first time, passed.” Ordered said Bill be read. Read the first time and rejected.

Received from the Commons a Bill to continue “an Act for quieting such persons as may suffer in their Title and Claims of Land by reason of the extension of the boundary line between this State and the Commonwealth of Virginia.” Endorsed, in the House of Commons, 2nd February, 1781, “read the second time and passed.”

Ordered said Bill be read. Read the third time, passed and sent the Commons.

Received from the Commons the following message:

Mr. Speaker and Gentlemen:

This House cannot concur with the report of the joint committee appointed “to ascertain the adequate and proper allowances to be made by the General Assembly for Articles furnished the public,” and propose that the said report be recommitted, and that Mr. Starkey be added to the said committee, and Mr. James Williams be added to the committee appointed to take under consideration the petition of the officers of the North Carolina line.

Ordered that the following message be sent the Commons:

Mr. Speaker and Gentlemen:

The Senate agree with the Commons in recommitting the report of the Joint Committee appointed to ascertain the adequate and proper allowances to be made by the General Assembly for articles furnished the public, and have on their part added Mr. Coor to the said committee, they also agree that Mr. Williams be added to the committee appointed to consider of the memorial of the officers of the North Carolina line.

Read the memorial of Samuel Strudwick, of Orange county, praying, &c., whereupon,

Resolved, That the collectors of the specific and pecuniary tax for the year 1780, do remit to Mr. Samuel Strudwick all the tax on the lands by him claimed in the Haw Fields excepting on one hundred acres; the tax on the remainder of those lands being liable to be paid for by the present possessors, and that this resolve shall not be considered in any sense to affect the title of these lands.

-------------------- page 662 --------------------

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

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve remitting the tax on certain lands therein mentioned, agreeable to the petition of Samuel Strudwick, Esq., of Orange county, herewith sent you. Maj. General Caswell moved for leave and presented a Bill to establish a Board of War, which shall be a council extraordinary to advise the Governor in all cases whatsoever which was read the first time, passed and sent the Commons.

Received from the Commons a Bill for vesting certain lands therein mentioned in Evan Shelby his heirs and assigns in fee simple. Endorsed, in the House of Commons, 2nd February, 1781. “Read the first time, and passed.”

Ordered, that the same be read. Read, passed the second time, and sent the Commons.

Received from the Commons the following message:

Mr. Speaker and Gentlemen:

This House have appointed Mr. Blount, Mr. Starkey, Gen. Harrington, Mr. J. Hawkins, and Mr. James Williams, a committee on their part, who will act jointly with such gentlemen of the Senate as may be appointed to prepare and draw up a Resolve declaring the intention of the General Assembly in precipitately appointing General Smallwood to the command of the militia of the State in the room of Major General Caswell.

Ordered that the following message be sent the Commons:

Mr. Speaker and Gentlemen:

This House cannot agree with yours in appointing a committee to prepare and draw up a Resolve declaring the intention of the General Assembly in precipitately appointing General Smallwood to the command of the militia of this State, but shall readily agree with your House, should you appoint a committee to prepare a Resolve declaring the reasons which induced the General Assembly to appoint General Smallwood, and the high sense the Assembly then had and still have of the merits of General Caswell and of the singular services by him rendered this State.

-------------------- page 663 --------------------

Read the Memorial of William R. Davie, setting forth, &c., whereupon,

Resolved, that the said William R. Davie be allowed the sum of ten thousand pounds as a compensation for his expenditures when in the service of this State during the late campaign, that the Treasurers or either of them pay him the same and be allowed.

Ordered that the foregoing Resolve with the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve allowing William R. Davie a certain sum therein mentioned.

Read the Petition of L. Col. Mountflorence, praying &c., wherefore, Resolved, that Lieut. Col Mountflorence be allowed the sum of four thousand pounds as a compensation in full for his pay and expenditures when in public service during the late campaign, that the Treasurers or either of them pay him the same and be allowed.

Ordered that the above Resolve with the following Message be sent the Commons for concurrence.

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve in favour of Lt. Col. Mountflorence.

Adjourned til to-morrow morning 9 o'clock.


Saturday 3rd February, 1781.

The House met.

Received from the Commons a Bill for appointing District Auditors for the settlement of public claims, Endorsed, “In the House of Commons 2nd February, 1781. Read the first time and passed.”

Ordered the said Bill be read. Read, passed the first time and sent the Commons.

Whereas, it appears to the General Assembly, that for refusing to deliver the property of the late Gov. Martin into the hands of Commissioners a certain James Biggleston, of the county of Craven, was for a long time committed to close Gaol, and hath for more than two years past been confined to certain limits, including a farm he then held on rent, the lease of which is now expired, and himself and family ordered off the lands by the owner thereof.

Resolved, that the said James Biggleston be permitted to reside

-------------------- page 664 --------------------
in the town of New Berne, or any other part of Craven county, lying above the said town between Neuse and Trent Rivers, or in any part of either of the Counties of Granville or Warren, until otherwise directed by lawful authority.

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

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve in favour of James Biggleston, of Craven County.

Mr. Charles Johnson moved for leave and presented a bill for establishing the salaries of the Judges of the Superior Courts of Law and of the Attorney General, which was read the first time, passed and sent to the Commons.

Received from the Commons a Bill to establish a Board of War, which shall be a Council extraordinary, to advise the Governor in all cases whatsoever, Endorsed, “In the House of Commons 2nd Feb'y, 1781, read the first time and passed.”

Ordered said Bill be read. Read, amended, passed the second time and sent the Commons.

Received from the Commons a Bill to encourage the importation of Arms, Ammunition, and other Warlike Stores. Endorsed, “In the House of Commons 2nd February, 1781, read the first time and passed.”

Ordered said Bill be read. Read, amended, passed the second time and sent the Commons.

Whereas, it may be necessary in these times of difficulty and danger, to remove the public Records and Papers in the Secretary's office papers belonging to the General Assembly, the Public Accounts and all other public papers, to a place of safety.

Resolved, that His Excellency the Governor, by and with the advice of the Council of State be, and he is hereby empowered and required to order such public records and papers, to be removed to such place or places of security and safety as he shall judge proper. And that he order a proper guard from the Militia as an escort to the said records and papers.

Ordered that the foregoing Resolve with the following Message be sent the Commons for concurrence.

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve, directing and empowering His

-------------------- page 665 --------------------
Excellency the Governor, with the advice of the Council of State to order the removal of the public records and papers belonging to this State.

Resolved, that William Tisdale and Andrew Blanchard, Esquires, two of the justices of the County of Craven, be empowered to call before them Anne Lovick and Bazell Smith, parties contending, respecting the estate of Thomas Lovick, and take the examination of said parties, and also to cause to come before them such persons as it may be suggested are proper witnesses for either of the said parties and take their depositions, which examinations and depositions, they shall reduce to writing, and certify under their hands to the next session of the General Assembly.

Ordered that the foregoing Resolves, with the following Message, be sent the Commons for Concurrence.

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve empowering William Tisdale and Andrew Blanchard, Esquires, to take the examinations of Anne Lovick, Bazell Smith, &c., respecting the estate of Thomas Lovick.

Resolved, that His Excellency the Governor, be required to order all Military and other stores belonging to the public at New Bern and Kingston to be removed to Smithfield, and those at Cross Creek to be removed to Hillsborough, and that he order a sufficient guard from the Militia to attend the removal of such stores.

Ordered that the above Resolve, with the following Message, be sent the Commons for concurrence.

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve requiring His Excellency the Governor, to order the removal of the Military and other stores therein mentioned.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve of this House declaring, that the Assembly of this State will at their next session, which shall be held next after the first day of November next, hear and determine the claims of patentees and settlers under the State of Virginia.

-------------------- page 666 --------------------

The Resolve above referred to being read was concurred with, and the following Message ordered to be sent the Commons.

Mr. Speaker and Gentlemen:

The Resolve of your House declaring that the Assembly will at their next session which shall be held next after the first day of November next, hear and determine the claims of patentees and settlers under the State of Virginia, we return you concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

Whereas, a Resolution passed the last session of Assembly at Hillsborough the 12th September, respecting Major General Caswell, from its ambiguity, having been construed much to his prejudice, we therefore propose that a joint Committee be appointed to draw up a Resolution, the better to explain the said resolution of the 12th September, and have on our part for that purpose appointed Mr. Person, Mr. Harrington, Mr. Starkey and Mr. Blount a Committee.

Ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Senate agree with the Commons in appointing a Committee to draw up a Resolution, the better to explain the Resolve of the General Assembly of the 12th of September last, respecting Major General Caswell, and have on their part appointed Mr. Coor, Mr. Williams, Mr. Battle and Mr. Davis, who will act with the gentlemen by you appointed for that purpose.

Resolved, that William Wallace, Esquire, a Justice of the Peace, in Sullivan County, and Thomas Haughton, Esquire, a Justice in Washington County, be empowered and required to cause to come before them such persons as may be suggested to be proper witnesses in respect to the controverted titles for lands, which are to come under consideration of the General Assembly, and that they take the deposition of such persons, reduce them to writing and send the same certified under their Hand and Seal to the next Session of the General Assembly giving the parties ten days notice previous of the time, when and place where such depositions are to be taken. And that depositions taken in Virginia under the like regulations will be received as testimony.

-------------------- page 667 --------------------

Ordered that the foregoing Resolve, with the following Message, be sent the Commons for concurrence.

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve empowering and requiring William Wallace and Thomas Haughton, Esqrs., to take the depositions of witnesses as therein mentioned, respecting the controverted titles to lands, which are to come under consideration of the General Assembly.

Received from the Commons the following message:

Mr. Speaker and Gentlemen:

We send you the petition of Joseph Taylor, Esq., clerk of the Superior Court of the District of Hillsborough; and a Resolve of this House in consequence thereof, for your concurrence. The resolve above referred to being read, was concurred with.

Ordered, the following message be sent the Commons:

Mr. Speaker and Gentlemen:

The Resolve of your House permitting Joseph Taylor, Esq., to resign his appointment as clerk of the Superior Court for the District of Hillsborough, we return you herewith concurred with whereas it appears to the satisfaction of the General Assembly, that Wm. Grayham, a Colonel of the county of Lincoln, hath been guilty of receiving a bribe for procuring the discharge of a prisoner named Simon Hagar, taken at King's mountain, that the said Grayham hath as a officer hath been guilty of other misdemeanors, therefore,

Resolved, That the aforesaid William Grayham be discharged from his said office, and that Joseph Dixon be appointed Colonel of the said county of Lincoln.

Ordered that the above resolve with the following message, be sent the Commons for concurrence.

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House discharging Mr. Grayham, of Lincoln county, from the office of Colonel, and appointing Joseph Dixon in his stead.

Major General Caswell, from the Joint Committee appointed to take under consideration sundry letters, Resolves of Congress, petitions and other public papers, reported as follows:

-------------------- page 668 --------------------

The committee appointed to take under consideration sundry letters, resolves of Congress, petitions and other public papers, report as follows:

Resolved, That it is the opinion of your committee a letter be written by the speakers of the two Houses to General Greene, or the Commanding Officer in the Southern Department, requesting him to propose to the commander of the British troops in South Carolina an exchange of the Tory prisoners in this State, and such British soldiery as have been captured by our militia for such of the militia of this State who are prisoners of war to the Southward.

Resolved, That a proclamation be issued by His Excellency the Governor requiring all the inhabitants of this State who have taken up arms against the same since the first day of June last, (except such as have been guilty of private murders and robberies) to surrender themselves on or before the tenth day of April next, and enlist in the continental service for eighteen months. And therein promising pardon to those who shall comply with said proclamation and faithfully serve the said term; and in case any such inhabitants shall be so hardy as not to avail themselves of the terms aforesaid, that immediately after the said 10th day of April next, all officers Civil and Military be required to be diligent in the discharge of their respective duties in having such persons duly apprehended and secured as prisoners of war, except those who are before herein excepted.

Resolved, That Colonel Martin Armstrong be suspended from executing the office of Colonel of Surry County, for enlarging the Prisoners taken to King's Mountain, and other charges of misdemeanor in office, until he shall appear before His Excellency the Governor and the Board of War, or before the next General Assembly, and shew cause, if he has any, for his conduct, and that in the meantime all Orders be issued to and executed by the next Officer in command.

Resolved, That the Resolutions of Congress of the 26th May last respecting Provisions and Forage purchased by the Commissary General of Purchases and Quartermaster General for the Public, for which Monies have not been paid, be adopted, and a Bill be brought in for that purpose.

Resolved, It is the opinion of your Committee that Capt. Thomas

-------------------- page 669 --------------------
Armstrong, who was a Prisoner of War on Long Island Nineteen Months, be allowed Ten Thousand pounds exclusive of Thirty-five pounds and four Shillings which he received in Specie from the Commissary whilst he was in captivity.

RICHARD CASWELL, Chairman.

The foregoing Report being read, was concurred with, and the following Message ordered to be sent the Commons:

Mr. Speaker and Gentlemen:

We send you the Report of the Committee appointed to take under consideration sundry Letters, Resolves of Congress, Petitions, and other public Papers, concurred with by this House.

Received from the Commons a Bill to reduce the Six Continental Battalions belonging to this State to four, to complete the said four Battalions, and for other purposes thereiu mentioned. Endorsed in the House of Commons 3rd February, 1781. “Read the second time, amended and passed.”

Ordered said Bill be read. Read, amended, passed the second time and returned to the Commons.

On reading the aforementioned Bill, a motion was made and seconded that the following part of a clause in said Bill be deled, to-wit: “After deducting all such Militia men who have heretofore “enlisted good and able-bodied men as regular Soldiers or caused “such to be enlisted to serve in the Continental Battalions of this “State during the War, which they shall prove by their own oath “and the Testimony of an indifferent Person, to have been obtained “without fraud or collission, in due time and without the procurement or Assistance of any Continental Officer or Soldier, and all “such who faithfully served in the nine Months Service and shall “produce their discharge regularly and fairly obtained to the Commanding Officer of the Militia Battalion to which he belongs, all “such as were captured in Charlestown, or were made Prisoners “when in the actual defence of any of the United States and are “now on Parole or Prisoners with the Enemy.” This being objected to, the motion was put and carried in the affirmative. Then on motion of Colonel Shepperd, ordered that the Nays and Yeas be taken, which were as follows, to-wit.: In favor of the clause as recited, Messrs. Shepperd, Clinton, Carter, and Battle; against the

-------------------- page 670 --------------------
clause, Messrs. Davis, Williams, James Johnson, Irwin, Simpson, Ledbetter, Bodie, Cleveland, Charles Johnson, Courtney, Coor, Hinton, Collier, Everagin, Caswell, Shelby, and Spruill. So the clause was Deled.

Received from the Commons a Bill for establishing the Salaries of the Judges of the Superior Courts of Law and of the Attorney General. Endorsed in the House of Commons 3rd February, 1781. “Read the first time and passed.”

Ordered, that the Bill be read. Read, amended, passed the second time and sent the Commons.

Received from the Commons a Bill to continue an Act entitled “an Act to continue an Act entitled ‘an Act to amend part of an Act for Emitting Eight Hundred and Fifty Thousand pounds on Bills of Credit for discharging the Debts incurred by this State in raising men to re-enforce the Battalions belonging to this State in the Continental Army, for calling in all former Emissions and other purposes, and for other purposes.’” Endorsed in the House of Commons 3rd February, 1781. “Read the first time and passed.”

Ordered, said Bill be read. Read, passed the first time and retured to the Commons.

Received from the Commons an additional Bill to an Act entitled “an Act concerning Servants and Slaves.” Endorsed in the House of Commons 3rd February, 1781. “Read the first time and passed.” Ordered that the same be read. Read the first time and passed.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House for appointing the Field Officers of Hertford County.

Ordered, that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

We herewith return the Resolve of your House appointing Field Officers for Hertford County, concurred with.

Adjourned til to-morrow Morning 9 o'clock.


Sunday, February 4th, 1781.

The House met.

Mr. Battle from the Joint Committee appointed to draw up a resolution explaining a Resolve of the General Assembly passed at

-------------------- page 671 --------------------
Hillsborough September 12th, last, respecting the appointment of General Smallwood to the command of the militia of the State, reported as follows:

Your committee appointed to explain a resolution respecting Major Gen. Caswell passed at Hillsborough the 12th September, having taken the said resolution into consideration, do Resolve, That the said resolution intended only, as there were sundry and sufficient reasons why Major General Caswell could not immediately take the field, that Brigadier General Smallwood being the oldest Brigadier in the Southern Department, should take the command of the militia of this State in his absence.

ELISHA BATTLE, Ch'n.

The House taking the said report into consideration, unanimously concur therewith.

Ordered the following message be sent the Commons with the above report:

Mr. Speaker and Gentlemen:

We send you the report of Joint Committee appointed to draw up a resolution, explaining a resolve of the General Assembly passed at Hillsborough the 12th September last, respecting the appointment of General Smallwood to the command of the militia of the State, unanimously concurred with by the House.

Received from the Commons a Bill to amend an Act, entitled an Act for securing the quiet and inoffensive inhabitants of this State from being injured, for preventing such property as may be confiscated from being wasted or destroyed, and for other purposes, and for other purposes.” Endorsed, in the House of Commons, February 3rd, 1781. “Read the first time and passed.”

Ordered, said Bill be read, amended, passed the second time, and sent the Commons.

Received from the Commons the following message:

Mr. Speaker and Gentlemen:

The resolve of your House empowering William Tisdale and Andrew Blanchard Esqrs., to take the examination and depositions of certain persons, &c., we send you concurred with.

Received the Resolve above referred to. Endorsed, in the House of Commons, February 3rd, 1781. “Concurred with.”

-------------------- page 672 --------------------

Received from the Commons the following message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House respecting certain Arms in the hands of Colonel Cleveland, &c., taken at the capture of the British at King's mountain which we propose in lieu of the one adopted by the Senate.

The Resolve above referred to being read, was concurred with, and the following message ordered to be sent the Commons:

Mr. Speaker and Gentlemen;

The Senate agree to adopt the Resolve of the Commons in lieu of the one by them entered into, respecting the Arms taken at King's mountain, now in the hands of Colonel Cleveland and others.

Received from the Commons a Bill to amend an Act entitled an Act to prevent the impressment of boats, wagons, carts and other carriages employed in carrying salt and other purposes therein mentioned. Endorsed, “In the House of Commons, February 4th, 1781. Read the first time, and passed.”

Ordered said Bill be read. Read and passed the first time, and returned the Commons.

Received from the Commons, the following message:

Mr. Speaker and Gentlemen:

The Resolve of your House discharging William Graham, of Lincoln county, from the office of Colonel of the said county, and appointing Joseph Dixon in his stead, we herewith return you concurred with.

Received the Resolve above referred to: Endorsed, “In the House of Commons February 4th, 1781. Concurred with.”

Mr. Speaker and Gentlemen;

We herewith return the Resolve of your House impowering and requiring his Excellency, the Governor, with the advice of the Council of State, to remove the Public Records and papers belonging to the State. Concurred with.

Received from the Commons the following Bills: A Bill to continue an Act entitled “an Act to continue an Act entitled ‘an Act to amend a part of Act for emitting Eight Hundred and Fifty Thousand pounds in Bills of Credit for discharging the debts accrued by

-------------------- page 673 --------------------
this State in raising men to reinforce the Battalions belonging to this State in the Continental Army, for calling in all former emissions, and for other purposes. Endorsed in the House of Commons 4th February, 1781. “Read the second time, amended and passed.”

Ordered, said Bill be read. Read, amended and passed the second time and sent the Commons.

A Bill for encouraging the Importation of Arms, Ammunition and other War-like Stores. Endorsed in the House of Commons 4th February, 1781. “Read the second time, amended and passed.”

Ordered, said Bill be read. Read, amended and passed the third time and sent the Commons.

An additional Bill to an Act entitled “an Act concerning Servants and Slaves.” Endorsed in the House of Commons 4th February, 1781. “Read the second time and passed.”

Ordered, said Bill be read. Read the second time and passed.

Adjourned till To-morrow Morning 9 O'clock.


Monday, February 5th, 1781.

The House met.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence the Report of the joint Committee appointed to take under consideration the Petition of Kedar Harold, concurred with by this House.

Received the Report above referred to, which, being read, was concurred with, and the following Message ordered to be sent the Commons:

Mr. Speaker and Gentlemen:

We return the Report of the Committee appointed to take under consideration the Petition of Kedar Harold, concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve of this House directing Colonel Long to apply to the Commissioners appointed to sell the Remnants of the Gun Factory in Bute County, for the remains of the said Factory.

-------------------- page 674 --------------------

The Resolve above referred to being read, was concurred with, and the following Message ordered to be sent the Commons:

Mr. Speaker and Gentlemen:

The Resolve of your House relative to the remnants of the Gun Factory in Bute County we return you, concurred with.

Read a Letter from the Honorable Whitmel Hill and Willie Jones, Esquires, Delegates of this State in Congress.

Resolved, That it be referred to a Committee, and that Mr. Coor and Mr. Davis on the part of this House act thereon.

Ordered, that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

We send for your perusal a Letter from the Honorable Whitmel Hill and Willie Jones, Esquires, which we propose referring to a joint Committee to consider of and report on, and have on our part for that purpose appointed Mr. Coor and Mr. Davis a Committee.

Received from the Commons a Bill to amend an Act entitled “an Act to prevent the impressment of Boats, Waggons, Carts, and other carriages employed in carrying Salt, and for other purposes therein mentioned.” Endorsed in the House of Commons 5th February, 1781. “Read the second time and passed.”

Ordered, said Bill be read. Read, amended, passed the second time and sent the Commons.

Read a Letter from Colonel Gideon Lamb relative to his having bailed certain persons whose conduct had heretofore appeared unfriendly to the State.

Ordered, that the Letter and Papers therein referred to be filed and kept with the Papers belonging to the General Assembly; and that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

We send for your perusal a Letter from Colonel Gideon Lamb, together with the Bonds therein referred to, which we have ordered to be filed and kept with the papers belonging to the General Assembly.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

This House have appointed Messrs. Person, Starkey, Locke, Harrington,

-------------------- page 675 --------------------
and Blount a Committee on their part to act jointly with the Committee appointed by the Senate to consider of and report on the Memorial from the Honorable Whitmel Hill and Willie Jones, Esquires:

Mr. Speaker and Gentlemen:

This House agree that the Bonds, &c., referred to in the Letter from Colonel Lamb shall be filed with the papers belonging to the General Assembly.

Mr. Speaker and Gentlemen:

We return the report of the joint committee appointed to draw up a resolution explaining a Resolve of the General Assembly, passed at Hillsborough the 12th of September last, respecting the appointment of General Smallwood to the command of the Militia of this State, concurred with by this House.

Received from the Commons the following Bills:

A Bill to regulate and establish a Militia in this State. Endorsed in the House of Commons 5th February, 1781. “Read the second time, amended and passed.”

Ordered, said Bill be read. Read, amended, passed the second time and returned the Commons.

A Bill to continue an Act entitled “an Act to continue an Act entitled ‘an Act to amend a part of an Act for Emitting Eight Hundred and Fifty Thousand pounds in Bills of Credit for discharging the Debts incurred by this State in raising men to reinforce the Battalions belonging to this State in the Continental Army, for calling in all former Emissions, and other purposes.”' Endorsed in the House of Commons 5th February, 1781. “Read the third time, amended and passed.

Ordered, said Bill be read. Read, passed third time, and ordered to be Engrossed.

A Bill to amend an Act entitled “an Act to prevent the Impressment of Boats, Waggons, Carts, and other carriages employed in carrying Salt, and for other purposes therein mentioned.” Endorsed in the House of Commons 5th February, 1781. “Read third time, amended and passed.”

Ordered, said Bill be read. Read, amended, passed the third time and ordered to be Engrossed.

Adjourned till To-morrow Morning 9 O'clock.

-------------------- page 676 --------------------

Tuesday, 6th February, 1781.

The House met.

Read sundry resolutions of Congress, Letters, &c. Ordered, they be sent with the following Message to the House of Commons:

Mr. Speaker and Gentlemen.

We herewith send you sundry resolutions of Congress, Letters, &c., for your perusal.

Archibald McLaine, Esq., the Member for the County of Brunswick, appeared and took his seat.

Received from the Commons a Bill to establish a Council extraordinary. Endorsed in the House of Commons 5th February, 1781. “Read the second time, amended and passed.” Ordered said Bill be read. Read, amended, passed the third time and sent the Commons.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

This House have appointed Mr. Hooper, Mr. Harrington, Mr. Smith, Mr. Starkey, Mr. James Williams, and Mr. Person a Committee on their part to act jointly with such Gentlemen of the Senate as may be appointed, as a committee to devise ways and means to compel the Enemy to abandon this State, and to secure it effectually from the future Invasions thereof.

Ordered, that the following message be sent the Commons:

Mr. Speaker and Gentlemen:

Major General Caswell, Mr. Davis and Mr. McLaine on the part of the Senate, will act with the gentlemen by you appointed to devise Ways and Means to compel the enemy to abandon this State, and to secure it effectually from the future invasions thereof.

Received from the Commons a Bill for appointing District Auditors for the settlement of public claims. Endorsed, “In the House of Commons, Feb. 5th, 1781. Read the second time, amended and passed.”

Ordered said Bill be read. Read, passed the second time, and sent the Commons.

Resolved that Phillip Vass, commissioner of Granville county, do retain for the use of the State, all the hogs now in his possession by

-------------------- page 677 --------------------
order of the Board of War, and claimed by Mr. Taylor and others, giving the owners certificates for the same agreeable to law.

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

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve relative to a number of hogs impressed by Phillip Vass, of Granville county,

Read, the memorial of Matthew Brooks, of Surry county, setting forth, &c. Ordered, that it be sent the Commons with the following message:

Mr. Speaker and Gentlemen:

We send you herewith the memorial of Matthew Brooks, Esq,, of Surry county, together with the papers therein mentioned.

Adjourned till 4 o'clock p. m.

Met according to adjournment, and adjourned till to-morrow morning 9 o'clock.


Wednesday, February 7th, 1781.

The House met.

Received from the Commons the following message:

Mr. Speaker and Gentlemen:

We herewith send you the petition of Osborn Jeffreys, Esq., which we propose referring to a Joint Committee, and have on our part appointed Messrs. Farrow, Bryan, J. Hawkins, J. Williams and Montfort, a committee.

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House respecting the hogs in the hands of the commissioners of Granville county, and directing the commissioners of the respective counties in the districts of Hillsborough and Halifax, to forward on such live stock as they may have on hand to the army without delay, which we propose substituting in lieu of the one proposed by the Senate relative to that subject.

The Resolve above referred to being read was concurred with, and the following message ordered to be sent the Commons:

Mr. Speaker and Gentlemen:

The Senate agree to adopt the Resolve of the Commons relative

-------------------- page 678 --------------------
to the hogs in the hands of the commissioner of Granville county, &c., instead of the one by them proposed on that head.

Received from the Commons the following message:

Mr. Speaker and Gentlemen:

This House propose to refer the petition of Matthew Brooks to the committee appointed to take under consideration the petition of William Courtney.

Ordered, that the following message be sent the Commons:

Mr. Speaker and Gentlemen:

We agree that the petition of Matthew Brooks be referred to the committee appointed to consider of the petition of William Courtney, Esq.

Mr. McLaine from the Joint Committee appointed to devise Ways and Means to compel the enemy to abandon this State, and to preserve it effectually from the future invasions thereof, reported as follows:

In committee.

Resolved, that it is essential to the public service and a measure that will tend to draw a large force into the field, that an officer of ability, integrity, and experience, should take the command of the militia.

Resolved, that Richard Caswell, Esq., be appointed as Major General with the rank, pay and appointment of a Major General in the Continental army in a separate department.

Resolved, that he be ordered into immediate actual service.

Resolved, that a number of forces be immediately embodied for the purpose of repelling the enemy at and near Wilmington, and that they be furnished from the following counties, in the following proportion, to wit:

From New Hanover, 150; Bladen, 200; Cumberland, 100; Duplin, 300; Onslow, 200; Brunswick, 500; from Craven, 150; Carteret, 75; Beaufort, 75; Hyde, 50; Pitt, 150; Dobbs, 125; Wayne, 125; Johnson, 150; Jones, 100; Edgecombe, 100; Nash, 50; Wake, 200; Chatham, 100.

Resolved, that it be recommended to the officers of the several counties to encourage volunteer horsemen who can equip themselves to join the army under the command of General Caswell, over and

-------------------- page 679 --------------------
above the number hereby recommended to be raised as the quotas of the counties heretofore mentioned.

Resolved, that it be recommended to the officers of the Continental army not upon duty, to join the militia; and that General Caswell make such an arrangement of them as may tend to promote order and discipline in the militia, give satisfaction to the Continental officers and not disgust to the militia.

Resolved, that arms, ammunition, and all other military stores which can be collected without injuring the necessary defence of the Western frontiers and of the district be immediately sent on to the Southward.

Resolved, that the Executive Authority of this Government carry these Resolves into immediate execution.

The foregoing Report being read, was rejected, and the following resolution adopted:

Whereas, it is essential to the public service and a measure that will tend to draw a large force into the field, that an officer of ability, integrity, and experience, should take the command of the militia.

Resolved unanimously, that Richard Caswell, Esq., be appointed a Major General, with the rank and pay of a Major General in the Continental army in a separate department, and that he be requested to take the Command, and call on the several Continental officers in this State not on duty, requiring them to assist in the immediate defence of the same, and to appoint them such command as he shall find necessary, which may tend to promote order and discipline in the militia, give satisfaction to the regular and not disgust the militia offices.

Ordered, that the foregoing Resolve, with the following message, be sent the Commons for concurrence:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve appointing Richard Caswell, Esq., Major General of the militia of this State with certain powers therein mentioned.

Resolved, that Colonel James Armstrong be, and he is hereby constituted and appointed Brigadier General in the district of New Bern, in the room of Brigadier General Caswell resigned, and that His Excellency, the Governor commission him accordingly.

-------------------- page 680 --------------------

Ordered, that the above Resolve, with the following message, be sent the Commons for concurrence.

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve appointing Colonel James Armstrong, Brigadier General in the district of New Bern, in the room of Brigadier General Caswell resigned.

Resolved, that Nicholas Long, Esq., Deputy Quarter Master General, be and he is hereby directed to furnish each of the Continental officers now in the vicinity of Halifax, and who are willing to take immediate and active commands in the militia, with a public horse and necessary accoutrements, &c.

Ordered, that the foregoing Resolve, with the following message, be sent the Commons for concurrence.

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve directing the Quarter Master to furnish the officers of the Countinental lines now in the vicinity of Halifax, and willing to take an immediate command in the militia, with a horse, &c.

Resolved, that Brigadier General Allen Jones be and he is hereby directed immediately to cause the last drafts made in the district of Halifax, and who are now holding themselves in readiness to march, to rendezvous at Tarboro at the shortest day possible, in order to march directly to the aid of Wilmington district, already invaded, and also that each person who shall find his own horse, may be permitted to act on horseback as occasion requires, and shall be paid as a horseman, and if his horse shall be unavoidably lost, to be paid for by the public. And also that a further draft be made in the district of Halifax aforesaid of its proportion of four thousand men for the State, who are to hold themselves in readiness to march to the aid of Edenton district on the shortest notice or elsewhere.

Resolved, also that Brigadier General Sumner be requested to permit the Continental officers under his command to join the militia now ordered out for the defence of the State holding the same rank in the militia as they have in the regular service, until an arrangement of officers shall take place by the commander-in-chief.

Ordered, that the foregoing Resolve, with the following message, be sent the Commons for concurrence.

-------------------- page 681 --------------------

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve, directing Brigadier General Allen Jones, to order on the drafts for the district of Halifax, to draft others, &c.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We return the Resolve of your House appointing Richard Caswell, Esq., Major General of the Militia of this State, &c., unanimously concurred with by this House.

Received the Resolve above referred to. Endorsed, “in the House of Commons, February 7th, 1781. Concurred with.”

Mr. Speaker and Gentlemen:

We return the Resolve of your House directing the Quarter Master to furnish the officers therein mentioned with a horse, &c. Concurred with by this House.

Received the Resolve above referred to, indorsed in the House of Commons, February 7th, 1781. “Concurred with.”

Received from the Commons the following message:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve of this House empowering and requiring the justices of Bladen county to proceed in a suit commenced in the court of the said county between General Harrington and John Lyggett, in the manner therein mentioned.

The resolve above referred to being read was rejected.

Adjourned till to-morrow morning 9 O'clock.


Thursday February 8th, 1781.

The House met.

Whereas, in some counties in this State there are not any County Treasurers to receive the public tax from the different collectors.

Resolved, therefore, that the taxgatherers in all such counties do pay the taxes by them respectively received or to be received for the year 1780, to the Treasurers of the districts in which they shall respectively reside, and the receipt of such Treasurers shall be a legal discharge for all sums so to be paid as aforesaid, and in order to reimburse such taxgatherers for the expenses which they may be at in paying the public money aforesaid.

-------------------- page 682 --------------------

Resolved, also, that every such Taxgatherer shall deduct and keep to his own use all such poundage and commissions as are by law allowed to County Treasurers.

Ordered, that the above Resolve, with the following message, be sent the Commons for concurrence.

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve for the direction of the Tax Gatherers of such counties in the State as have no Treasurers.

Resolved, that the Honorable Samuel Ashe, Esq., one of the Judges of the Superior Court, be allowed a salary agreeable to law for the courts of Salisbury, Hillsborough, Edenton and Halifax, it appearing by affidavit of Mr. Ashe that he was unable to attend at the said courts.

Ordered, that the above Resolve with the following message be sent the Commons for concurrence.

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House in favour of the Honorable Samuel Ashe, Esq.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We return the Resolve of your House for the direction of the Taxgatherers for such Counties in this State as have no Treasurers.

Received the Resolve above referred to. Endorsed in the House of Commons 8th February, 1781. “Concurred with.”

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House recommending Colonel Malmedy to the Commanding Officer, &c.

The Resolve above referred to being read, ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Resolve of your House reccommending Colonel Malmedy to the Commanding Officer of the Militia of this State we return you herewith, concurred with.

Received from the Commons the following Message, concurred with:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve of this House

-------------------- page 683 --------------------
requesting General Jones to order the late Drafts of Halifax District to March to the assistance of General Gregory; also requesting him to detach Three Hundred Militia Light Horse, under the command of Major Reed, to the aid of Wilmington.

The resolve above referred to being read, ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Resolve of your House requesting General Jones to order the late Drafts of Halifax District to the assistance of Brigadier-General Gregory, &c., we have concurred with, and caused the same to be presented him.

Received from the Commons a Bill for establishing the Salaries of the Judges of the Superior Courts of Law and of the Attorney General. Endorsed in the House of Commons 8th February, 1781. Ordered that the said Bill be read. Read the second time, amended, passed the third time and sent the Commons.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence the report of the joint Committee appointed to ascertain adequate and proper Allowances to be made by the General Assembly for Articles furnished the public.

The Report above referred to being read, was concurred with, and is as follows:

The committee appointed to ascertain adequate and proper Allowances to be made by the General Assembly for Articles furnished the public report that it is their opinion the Prices following are adequate and proper to be allowed; that is, to pay—

For every pound of fresh Beef,
£1.
12
Three-year old Steers or Barren or dry Cows
440
Four-year old Steers,
560
Six-year old Steers and upwards,
720
Five-year old Steers,
640
Salt Beef per Barrel,
800
Fresh Pork per pound,
2/
8
Salt Pork per Barrel,
1000
Each good Sheep,
100
Wheat per Bushel,
45
-------------------- page 684 --------------------
Flour per Hundred Weight,
£135
Oats per Bushel,
24
Oats in the Sheaf, each Sheaf,
2/.
Rye per Bushel,
40
Hay and Corn Blades, per Cwt. each,
30
Bran per Bushel,
6/.
8
Brandy per Gallon,
80
Whiskey per Gallon,
60
Cider per Barrel,
100
Brown Sugar per pound,
16
Molasses per Gallon,
50
Butter and Cheese per pound,
8
Bacon per pound,
6
Dried Beef per pound,
4
Hire of a single Horse per day,
10
A Waggon without Team per day,
10
Ditto with the Gear,
12/
10
A Cart without Team per day,
5
Clean Rice per Hundred Weight,
150
Rough Rice per Bushel,
30
Shoeing Horse, each Shoe,
14
Pasturage, each Horse 24 hours,
2
Feeding a Horse each Feed,
2
Pot Iron per pound,
8
Bar Iron per pound,
8
Dieting a Soldier each Diet,
4

In the Counties of Rowan, Mecklenburg, Lincoln, Rutherford, Burke, Anson, Montgomery & Richmond—

For Corn per Bushel,
40
Rum per Gallon,
120
Salt per Bushel,
640

In the Districts of Hillsboro and Halifax—

For Salt per Bushel,
500
In any other part of the State for Salt per Bu'l,
400
Corn per Bushel,
30
Rum per Gallon,
100
-------------------- page 685 --------------------

Ordered, the following Message be sent to Commons:

Mr. Speaker and Gentlemen:

We herewith return you the report of the Committee appointed to ascertain adequate and proper allowances to be made by the General Assembly for Articles furnished the public, concurred with.

Resolved, that the district Auditors do allow the same prices for corn supplied the army, by the Inhabitants of Orange, Wilkes, and Surry Counties as is allowed for that article to the inhabitants of Rowan and Mecklenburg.

Ordered that the foregoing Resolve with the following Message be sent the Commons for concurrence.

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve directing the Auditors of the distict of Hillsboro and Salisbury to make certain allowances in the counties therein mentioned.

Adjourned till to-morrow morning 9 O'Clock.


Tuesday 9 February, 1781.

The House met.

Received from the Commons the following Message.

Mr. Speaker and Gentlemen:

The Commons propose enclosing the letter this day received from Colonel Kenan to Major General Caswell by express. If the Senate accede to this proposal, they will signify the same by the Speakers signing the letter herewith sent, directed to Major General Caswell.

The letter above referred to being read,

Ordered, that the following Message be sent the Commons.

Mr. Speaker and Gentlemen:

This House have received the Message of yours together with your proposed letter to the Honble. Major General Caswell, and propose that the one herewith sent you be substituted in lieu thereof, yours not being in the usual style.

Received from the Commons an additional Bill to an Act entitled “an Act concerning Servants and Slaves,” Endorsed “In the House of Commons, 8 February, 1781, read the third time, amended and passed.”

Ordered said Bill be read. Read, amended, passed the third time and sent the Commons.

-------------------- page 686 --------------------

Whereas, it is represented that the British Troops in the West have advanced into the District of Salisbury, whereby it becomes necessary that a considerable force should be drawn out to oppose them.

Resolved therefore, that Brig. General Butler be directed, and he is hereby directed to call out any part (or if necessary) the whole of the militia of the District of Hillsborough for the purpose aforesaid.

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

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve, directing Brig. General Butler to call out part (or if necessary) the whole of the Militia of Hillsborough District to oppose the enemy to the westward.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

This House have appointed Mr. Hooper and Mr. Harrington a Committee, who will act jointly with such gentlemen of the Senate as may be appointed to prepare a letter to be signed by the Speakers of both Houses and sent to Congress by an express now waiting, informing them of the particular situation of this State at present.

Ordered, that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

Mr. McLain and Mr. Davis will act with the gentlemen by you appointed to prepare a letter to be sent to Congress respecting the particular situation of the State at present.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

The Commons have appointed Messrs. Smith, Blount, Winslow and Balfour a Committee on the part of this House, to devise Ways and Means to carry into execution a Resolve entered into at the last Assembly at Hillsborough, in favor of Capt. Barrity, who will act jointly with such gentlemen as the Senate may appoint for that purpose.

Ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

Mr. McKenzie and Mr. Davis will act with the gentlemen by you

-------------------- page 687 --------------------
appointed to devise Ways and Means to carry into execution a Resolve entered into at Hillsborough in favor of Captain Barrity.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your Concurrence a Resolve, directing the Board of Trade to furnish Nicholas Long, Esquire, Deputy Quarter Master General, with a certain quantity of tobacco for the purposes therein mentioned.

Ordered that the following Message be sent the Commons.

Mr. Speaker and Gentlemen:

We herewith return the Resolve of your House directing the Board of Trade to furnish Nicholas Long, Esquire, Deputy Quarter Master General, with the quantity of tobacco therein mentioned, concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence a resolve of this House directing the Sheriff of Warren County to suspend all proceedings on a trial between the executors of William Person, deceased, and Lawrence Lancaster respecting a tract of land in said county, until the rising of this Assembly.

The Resolve above referred to being read was rejected.

Received from the Commons an additional Bill to an Act entitled “an Act for securing the quiet and inoffensive inhabitants of this State from being injured, or preventing such property as hath or may be confiscated from being wasted or destroyed and for other purposes;” for continuing an Act entitled “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 complete their surveys,” Endorsed, “In the House of Commons 8 Feby, 1781, read the second time, amended and passed.”

Ordered said Bill be read. Read, amended, passed the third time and sent the Commons.

Received from the Commons the following Message.

Mr. Speaker and Gentlemen:

We herewith return the Resolve of your House directing Brig.

-------------------- page 688 --------------------
General Butler to call out any part, or the whole, of the Hillsboro Militia, if necessary, concurred with by this House.

Received the Resolve above referred to Endorsed, “In the House of Commons, 9 February 1781, concurred with.

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve of this House permitting the Board of Auditors to make the same allowances on the article of salt furnished the public by the inhabitants of certain counties of Salisbury district as are to be allowed to the inhabitants of the other counties of the said district for the same article.

Ordered that the following Message be sent the Commons.

Mr. Speaker and Gentlemen:

We return the Resolve of your House permitting the Board of Auditors to make the same allowance for the article of salt furnished the public by the inhabitants of the counties therein mentioned, as are to be made the inhabitants of the other counties of Salisbury district for that article. Concurred with.

Received from the Commons the following message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House requesting James Davis, Esq., to continue in the business of Public Printer, also requesting His Excellency, the Governor, to grant a warrant in his favour on the treasury, for a certain sum therein mentioned to enable him to carry on such business.

Ordered that the following message be sent the Commons:

Mr. Speaker and Gentlemen:

The Resolve of your House requesting James Davis, Esq., to continue in the business of Public Printer, requesting His Excellency, the Governor, to grant a warrant on the Treasury to enable him to prosecute such business, &c., we return you: Concurred with.

Read the petition of George Harper, a wounded soldier of Franklin county, praying, &c.

Resolved, that the said George Harper be allowed twenty barrels of corn to be paid for by the commissioners of Franklin county, out ot the specific tax.

-------------------- page 689 --------------------

Ordered, that the above Resolve with the following Message be sent the Commons for concurrence.

Mr. Speaker and Gentlemen:

You will receive herewith for your concurrence a Resolve in favour of George Harper, a wounded soldier of Franklin County.

Whereas from sundry affidavits and representations it appears that Lieut. Colonel Thomas Taylor, of Orange county during the late militia tour did in divers instances permit and suffer the men under his command to plunder and maraud in a most offensive and disgraceful manner.

Resolved, therefore, that the said Thomas Taylor be and he is hereby suspended from the exercise of his office of Lieut. Colonel of the county of Orange until the next General Assembly, before whom he is to appear and answer the aforesaid allegations.

Ordered, that the foregoing Resolve, with the following message, be sent the Commons for concurrence:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve, suspending Thomas Taylor, of Orange county, from the execution of his office as Lieut. Colonel of the said county, &c.

Adjourned til to-morrow morning 9 o'clock.


Saturday February 10th, 1781.

The House met.

Read a letter from the Honorable, the President of Congress, also a letter from the Honorable Major General Greene, addressed to Gov. Nash, which were ordered to be sent the Commons with the following message:

Mr. Speaker and Gentlemen:

We send for your perusal a letter from the Honorable, the President of Congress, also a letter from the Honorable Major General Greene, addressed to Gov. Nash.

Received from the Commons the following message:

Mr. Speaker and Gentlemen:

This House propose rescinding the resolve which passed both Houses this day, empowering Gen. Butler to call out a part (or if necessary) the whole of the Hillsborough militia, and substitute the one herewith sent in lieu thereof.

-------------------- page 690 --------------------

The Resolve above referred to being read, ordered that the following message be sent the Commons:

Mr. Speaker and Gentlemen:

As the Resolve concurred in by your House directing Gen. Butler to call out the militia of Hillsborough district, is better calculated for dispatch than that which you wish to adopt, this House cannot agree to rescind what appears to them to be essentially necessary to preserve the existence of the State. Whereas from the enemies movements to the Westward, it becomes expedient to countermand the orders of Brigadier General Jones for marching the last drafts belonging to Halifax district to the Eastward; Resolved, therefore, that the said drafts be without loss of time marched to the Westward to reinforce Major General Greene, and Resolved, that a further draft of four hundred men from the said district of Halifax be immediately made, and the men marched to the Westward and that of these last drafts as many as shall find their horses and serve faithfully from the time of their arrival at head quarters or any other place to which they may be ordered by the Commanderin-chief two months, shall be considered as having performed a term of militia duty, and he be under the like rules and regulations with other militia cavalry in the service of this State.

Ordered that the foregoing Resolve, with the following message, be sent the Commons for concurrence:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve countermanding the Orders given Brigadier General Jones respecting the late drafts of Halifax district, &c.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

This House have directed their clerk to make out the estimate to include Sunday.

The Resolve of the Commons accompanying the above message, being read, was ordered to lie for consideration.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this State requesting

-------------------- page 691 --------------------
the Speakers to enclose General Greene's letter to the Gov. of Virginia, &c.

Ordered that the following message be sent the Commons:

Mr. Speaker and Gentlemen:

The Resolve of your House requesting the speakers to enclose General Greene's letter to the Gov. of Virginia, &c., we return you. Concurred with.

Received from the Commons the following message:

Mr. Speaker and Gentlemen:

We returned the Resolve of your House for suspending Thomas Taylor from his office of Lieut. Colonel of Orange county. Concurred with.

Received the Resolve above referred to. Endorsed, “in the House of Commons, Feb. 10th, 1781. Concurred with.”

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We return the Resolve of your House in favour of George Harper, of Franklin county. Concurred with.

Received the resolve above referred to. Adopted in the House of Commons 10th February, 1781. “Concurred with.”

Received from the Commons the following message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve impowering Colonel Long to impress wagons, &c., if necessary.

The resolves above referred to being read, ordered that the following message be sent the Commons:

Mr. Speaker and Gentlemen:

We return the Resolve of your House empowering Colonel Long to impress wagons, &c., if necessary. Concurred with.

On motion, Resolved, that the Treasurer of Halifax district pay into the hands of Thomas Hunter, of Martin county, the sum of eleven thousand nine hundred and fifty pounds current money, for so much by him as commissioner in said county laid out in procuring salt for saving pork and beef for public use.

Ordered, that the foregoing Resolve with the following message be sent the Commons for concurrence.

-------------------- page 692 --------------------

We send for concurrence a Resolve directing the Treasurer of Halifax district to pay into the hands of Thomas Hunter, a certain sum therein mentioned.

Received from the Commons the following message:

Mr. Speaker and Gentlemen:

We herewith return the Resolve of our House countermanding the order given Gen. Jones relative to the late drafts of Halifax district, &c. Concurred with.

Received the Resolve above referred to, Endorsed, “In the House of Commons, Feb. 10th, 1781, concurred with.”

Received from the Commons the following message:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve of this House ordering Gen. Butler to raise a number of light horse, &c.

The Resolve above referred to being read was rejected.

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House, directing Colonel Long to furnish the three Regiments of horse with swords and caps.

Ordered that the following message be sent the Commons:

Mr. Speaker and Gentlemen:

We return the Resolve of your House directing Colonel Long to furnish the three regiments of horse with swords and caps. Concurred with.

On motion of Mr. McLaine, Resolved that the speaker present the thanks of this House to Colonel Cleveland, to-morrow, as one of the officers who distinguished himself in the defeat and capture of the party commanded by Maj. Furgerson at King's mountain.

Received from the Commons the following message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House for reinstating Brigadier General Caswell to the command of the militia of the district of Newbern.

The resolve above referred to being read, was concurred with, and the following message ordered to be sent the Commons.

-------------------- page 693 --------------------

Mr. Speaker and Gentlemen:

We return the Resolve of your House for reinstating Brigadier General Caswell in his command as Brigadier General of the district of Newbern. Concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We return the Resolve of your House directing the Treasurer of the district of Halifax, to pay Thomas Hunter a certain sum therein mentioned. Concurred with.

Resolved, that General Butler be ordered to raise a number of light horse not exceeding six hundred, and detach three hundred of the same under the command of Colonel Mammedy, and the other three hundred under the command of such officer as General Butler shall nominate and appoint (such officer to rank as Lt. Colonel commandant) to the aid of Salisbury district. That General Butler promise all prisoners who will voluntarily enlist into the Light Horse Corps and furnish themselves with guns and horses fit for service, and appear at Hillsborough on or before the 25th inst., and continue in service for the space of two months from the day of their appearance at headquarters or such other place of rendezvous as may be appointed, that they shall be considered to all purpurposes whatsoever to have performed a tour of duty, and it is resolved that all persons who shall turn out and comply with the requisites of this resolve shall be entitled to all the emoluments that the Light Horse were entitled to under a Resolve similar to this entered into at Hillsborough last session of Assembly.

Resolved, further, that Pleasant Henderson be appointed Major to the second Corps of Horse above mentioned, and that the Captains and Subalterns of the companies shall be chosen by the said companies resectively.

Resolved, likewise, that it be recommended General Butler that each Light Horse man carry Twenty days' Provisions at his departure from Hillborough.

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

Mr. Speaker and Gentlemen;

We send for your concurrence a Resolve directing General Butler

-------------------- page 694 --------------------
to raise and detach a Number of the Militia of Hillsborough District as Light Horse, &c., which this House wish to be adopted instead of the one entered into by your House for that purpose.

Received from the Commons the following message:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve of this House requesting the Speaker to send the address which accompanies it to General Smallwood.

The address above referred to being read, was unanimously agreed to, and is as follows:

Sir:

The General Assembly af the State of North Carolina take this public occasion to assure General Smallwood of the very grateful sense they entertain of his patriotic and spirited Exertions in behalf of this State and of his readiness to give a discipline and confidence to their Militia, which the command and presence of so able an Officer were calculated to inspire. They well know that the voice of this State can add nothing to the Military reputation of an Officer to which the Continent at large bear an ample and unanimous Testimony, but are happy to prove in this Instance that they are feelingly impressed with the Sense of his services, and with the rest of the United States wish to bear their Testimony to such distinguished Merit.

Ordered, that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

You will herewith receive the Resolve of your House requesting the Speakers to send the Address therein mentioned to General Smallwood. Concurred with.

Ordered that Colonel Ramsey be added to the Committee appointed to devise Ways and Means to carry into Effect a Resolve entered into at Hillsborough respecting Captain Barrity.

Adjourned till Tomorrow Morning 9 O'clock.


Sunday, 11th February, 1781.

The House met.

The Order of the House of yesterday respecting Colonel Cleveland

-------------------- page 695 --------------------
being read, Mr. Speaker arose and addressed him in the following manner:

Colonel Cleveland:

The General Assembly having appointed a Committee to prepare an address of Thanks to the Officers who distinguished themselves in the action at King's Mountain, and as the address is not yet prepared, and you being in readiness to leave the Assembly, in order to take an active part in the defence of your Country, I do by order of this House and with great pleasure to myself return you their Thanks for your gallant and intrepid conduct against the Army under Major Ferguson at King's Mountain—a conduct that will ever be remembered with Gratitude by every Friend to Liberty, as your Services were equally voluntary and effectual.

To which Colonel Cleveland, standing in his place, returned the following:

Mr. Speaker:

I cannot sufficiently express my feelings on the distinguished honor which this House has conferred upon me; the greatest a citizen of a free State can receive, and of which I shall always have a lasting Remembrance. Acept my thanks, Sir, for the polite manner in which you have been pleased to signify to me the Resolution of the House.

Ordered, that the Resolve of the Commons ascertaining the pay of the Members of the Assembly be read. The same being read, ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

You will herewith receive the Resolve of your House ascertaining the Pay of the Members for their Attendance on the present Session of Assembly. Concurred with as to the pay.

Threatened as we are with devastation and ruin by the invasion of a cruel and vindictive Enemy, it becomes proper and necessary to encourage a General Spirit of Association throughout the State.

Resolved, therefore, that it be recommended to each County in this State forthwith to associate and put themselves under proper Officers and discipline during the actual Invasion of the State, and under all circumstances and in all events adhere to and support

-------------------- page 696 --------------------
each other; and finally, never to submit to live under British Government or British Protection.

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

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve recommending a General Spirit of Association throughout the State, at this time of impending Danger.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence the Report of the Committee appointed to carry into effect a Resolve entered into at Hillsborough in favor of Captain Barrity and a Resolve of this House in consequence thereof.

The Report and Resolve above referred to being read, were concurred with and the following Message ordered to be sent the Commons:

Mr. Speaker and Gentlemen:

We return the Report of the Committee respecting Captain Barrity and the Resolve of your House entered into in consequence thereof, concurred with.

Mr. McLain moved for leave and presented a Bill to declare that Titles to lands heretofore taken up, and supposed to be in the Commonwealth of Virginia, and which on the Extension of the dividing Line between this State and the said Commonwealth are really and in truth found to be within the limits of this State, are and shall be valid, and for vesting in John Hay, his Heirs and Assigns, certain Lands therein mentioned, which was read the first time, passed and sent the Commons.

Resolved, That the Speaker of this House be requested, with the Speaker of the Commons, to transmit to Colonel Campbell, of Virginia, Colonel Cleveland, Colonel Shelby, and the brave Officers and Soldiers under their command the following address, to-wit:

Gentlemen:

The General Assembly of the State of North Carolina, impressed with a deep sense of your eminent services during the last Summer's

-------------------- page 697 --------------------
Campaign have unanimously resolved that the Speakers of the two Houses should transmit to you their warmest acknowledgements for your spirited and vigorous Exertions against the formidable body of British Forces under Major Ferguson at King's Mountain. The alacrity with which you stepped forth uncalled for by Authority, your Vigilance in Marching to, and your conduct in, the attack of the Enemy, deserve the highest Encomiums, and strongly mark Patriotism and Heroism united in the same persons. To these Virtues, which you, Gentlemen, so happily possess, your Country is indebted for the important Victory which frustrated the schemes of the Enemy, awed many of the disaffected into submission, and rescued the Western parts of this State from devastation and ruin and the horrors attendant on a War directed by Tyranny and pursued with vindictive Resentment.

We do therefore in obedience to the order of the two Houses and with the highest satisfaction to ourselves transmit to you the thanks of your country by its representatives in General Assembly.

Ordered that the foregoing Address with the following Message be sent the Commons for concurrence.

Mr. Speaker and Gentlemen:

We send for your approbation an address proposed by this House to be presented the officers who distinguished themselves in the capture of the British, commanded by Major Ferguson, at King's Mountain.

Resolved, that an elegant mounted sword be presented to each of the following officers, that is to say, Colo. Cleveland, of Wilkes County, Colonel Campbell of Virginia, Colonel Shelby of Sullivan County, Lieutenant Colonel Lewis of Washington County, Lieutenant Colonel Hambright of Lincoln County, Major Winston of Surry County and Major Shelby of Sullivan County for their voluntary and distinguished services in the defeat of Major Ferguson at the battle of King's Mountain.

Ordered that the following message be sent the Commons:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve directing that the Officers therein mentioned be presented with an elegant mounted sword.

Received from the Commons, the following message:

-------------------- page 698 --------------------

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve of this House, empowering Major General Caswell to raise a regiment of Light Horse from the Districts of Newbern and Wilmington, &c., also a Resolve directing General Butler to raise a regiment of Volunteer Light Horse in the district of Hillsborough.

The foregoing Resolves being read were concurred with and the following Message ordered to be sent the Commons:

Mr. Speaker and Gentlemen:

We return the Resolves of your House, empowering Major General Caswell to raise a regiment of Light Horse from the districts of Newbern and Wilmington, and directing General Butler to raise a regiment of Light Horse in the District of Hillsborough, concurred with.

Adjourned til to-morrow morning 9 o'clock.


Monday 12 February, 1781.

The House met.

Read a letter from John Moore, of Wilmington, whereupon,

Resolved, That the Treasurer of Wilmington District pay into the hands of John Moore, of New Hanover County, Deputy Quarter Master, the sum of sixty thousand pounds for the use of his department and for which he is to be accountable.

Ordered that the foregoing Resolve with the following Message be sent the Commons.

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve, directing the treasurer of the district of Wilmington to pay into the hands of John Moore, Deputy Quarter Master, a sum therein mentioned. We also send for your perusal a letter from said Moore.

Received from the Commons the following message:

Mr. Speaker and Gentlemen:

We send for your concurrence a report of the joint Committee appointed to take under consideration the Memorial of the North Carolina officers, concurred with by this House.

The Report above referred to being read was rejected.

Received from the Commons the following message:

-------------------- page 699 --------------------

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve allowing the Hon. Thomas Benbury, Esqr., six hundred pounds.

Ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

We return the Resolve of your House allowing the Honorable Thomas Benbury six hundred pounds, concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve of this House in favor of Major Harris, also the Memorial of the said Harris, by which this House have been induced to enter into said Resolve.

Ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

We return the Resolve of your House in favor of Major Harris concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House for dispatching an express to General Greene, &c.

Ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

We return the Resolve of your House for dispatching an express to Gen. Greene, &c., concurred with.

Whereas, it hath been represented to this House by the member from Cumberland County; that there are Magazines of Provisions at Coles Bridge and the House of William Scale, Esquire; which are liable to be seized by the disaffected inhabitants of that County and Richmond, and it being uncertain whether the Governor or General Caswell hath had leisure to attend to the immediate Preservation of a part of the country so distant from Wilmington, where their personal attendance is at present necessary.

Therefore, that in case that neither the Governor nor Major Genl. Caswell hath given orders for the safety of Cumberland County, but not otherwise; Resolved, that the Colonel or Commanding Officer of the said County of Cumberland, do without delay, embody a Corps

-------------------- page 700 --------------------
of Light Horse, under the command of an officer properly qualified, sufficient to guard the public provisions and other stores in the County last mentioned and places adjacent.

Ordered that the above Resolve with the following message be sent the Commons:

Mr. Speaker and Gentlemen:

We send for concurrence a conditional Resolve for the raising a Corps of Light Horse in the County of Cumberland.

Mr. Davis moved for leave and presented a Bill for appointing a Commissary General in this State for directing and regulating the business and duty of his department and for other purposes which was read the first time, passed and sent to the Commons.

Read sundry Resolves of Congress, a letter from General Gregory, &c.

Ordered that they be sent with the following Message to the House of Commons.

Mr. Speaker and Gentlemen:

We send for your perusal sundry Resolves of Congress, letters, &c.

Whereas, it appears that Lord Cornwallis is penetrating into the heart of this country, and it is now absolutely necessary to use every exertion to prevent the further ravages of the British army.

Resolved, that Brigadier General Jones be required to call out such further aid from the Militia of Halifax district as he may judge necessary to act in the immediate defence of this State, as occasion may require.

Ordered that the above Resolve with the following Message be sent the Commons for concurrence.

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve requiring General Jones to order out such further aid of the Militia of Halifax district as he may judge necessary.

John Simpson, Esquire, hath leave of absence.

Adjourned til to-morrow morning 9 o'clock.


Tuesday, 13 February, 1781.

The House met.

On motion, ordered that Ebenezer Folsom, Esqr., have leave of

-------------------- page 701 --------------------
absence during the remaining part of the present session of Assembly.

Whereas, it appears to this General Assembly that the Continental Officers and Soldiers of this State have been greatly injured by receiving their pay from time to time in a depreciated currency, and it being just and necessary that a reasonable compensation be made to such Officers and Soldiers as aforesaid.

Resolved, That the Paymaster General be required and directed on or before the first day of April in the present year to furnish the State Board of Auditors with a full and particular account of the pay of said Officers and Soldiers between the first day of January, one thousand seven hundred and seventy-seven, until the first day of August, one thousand seven hundred and eighty, without deducting any payments whatsoever, and that he also furnish the said Board as aforesaid with an account under his hand, on oath of all the sums by him paid to each, for pay and subsistence together with the time such payments were made and in what currency or denomination of money, and also an account on oath of the particular sums by him advanced to Officers for the purpose of recruiting, reciting the person to whom and the time when the same was so advanced, that the State Auditors may deduct any balance in the hands of recruiting officers out of the ballance due them on settling their accounts, as directed by this Resolve, so as to do equal justice both to the officers and to this State; and Resolved also that the said Board of Auditors on receiving such accounts from the paymaster, do examine the same and state the balance due each officer and soldier by deducting from time to time as the payments may appear, the amounts of each payment and subsistence money, and all other sums which said officers respectively may have in their hands belonging to the public, first redeeming the same into specie agreeable to the Resolution of Congress for the redemption of loan office certificates, and that they ascertain the balance which may appear due in currency allowing 80 per one for depreciation, and that the said Auditors do issue to such officers on their order certificates for all such balances payable out of the public treasury of this State; and the Treasurers are hereby required to take up all such certificates, for which they shall be allowed on the settlement of their public accounts; and resolved also that the Board of Trade

-------------------- page 702 --------------------
be required as soon as may be to purchase and deliver to the Clothier General of this State all such clothing as they can possibly procure, and lest the resource should prove insufficient to supply the necessary clothing.

Resolved, that his Excellency, the Governor, do if required, issue warrants in favor of the Clothier General for all such sums of money as may be necessary for purchasing clothing for the regular officers belonging to this State, and that they in issuing the same particularly direct that all such officers shall be prepared who have not heretofore been supplied, and, Resolved also, that the Clothier General do as soon as possible lay a state of his accounts before the State Auditor, and also state of each officer's account, showing the clothing already purchased, and what remains due to each respective officer.

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

Mr. Speaker and Gentlemen:

This House have received the Report of the joint Committee to whom was referred the Memorial of the North Carolina Continental Officers, with which we do not concur, but propose that the Resolves herewith sent you on that head be adopted in lieu thereof.

Received from the Commons the following Bills:

A Bill to continue the Executive powers of Government with present Governor, and to continue the Continental Delegates from this State to Congress after the 15th day of April next, on the contingency therein mentioned. Also a Bill to regulate and establish a Militia in this State; and likewise a Bill for appointing District Auditors for the settlement of public claims. Endorsed in the House of Commons 13th February, 1781. “Read the third time, amended and passed.”

Ordered, said Bills be read. Read, amended by consent of the Commons, passed the third time and ordered to be Engrossed.

On motion, Resolved, that the Treasurers or either of them pay the Honorable Samuel Ashe, Esqr., twenty thousand pounds as a further satisfaction for his last year's services as Judge of the Superior Courts of Law, and be allowed in the settlements of their accounts with the public.

Resolved, also, that the Treasurers or either of them pay the Honorable Samuel Spencer, Esqr., the sum of Twenty Thousand pounds

-------------------- page 703 --------------------
as a further satisfaction for his last year's services as Judge of the Superior Courts of Law, and be allowed in the settlements of their accounts with the public; and,

Resolved, likewise, that the Treasurers or either of them pay the Honorable John Williams, Esqr., the sum of Twenty Thousand pounds as a further satisfaction for his last year's services as Judge of the Superior Courts of Law, and be allowed in the settlement of their accounts with the public.

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

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve in favor of the Honbl. Sam'l Ashe, Esqr; also a Resolve in favor of the Honbl. Sam'l Spencer, Esqr., and likewise a Resolve in favor of the Honbl. Jno. Williams, Esqr.

Received from the Commons a Bill for appointing a Commissary General in this State for directing and regulating the Business and Duty of his Department, and for other purposes.

Ordered, said Bills be read. Read the second time, amended and passed.

Received also a Bill to increase the Powers of the Quartermaster General, and other purposes. Endorsed in the House of Commons 13th February, 1781. “Read the first time and passed.'

Ordered, said Bill be read. Read, passed the first time, and returned the Commons.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We return the resolve of your House requiring General Jones to call out such further Aid of the Militia of Halifax District as he may judge necessary. Concurred with.

Received the Resolve above referred to. Endorsed in the House of Commons 13th February, 1781. “Concurred with.”

Received from the Commons the following message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve requesting Gen'l Jones to embody a Number of the Militia of Halifax District.

Ordered, the following message be sent the Commons:

-------------------- page 704 --------------------

Mr. Speaker and Gentlemen:

We return the resolve of your House requesting Genl. Jones to embody a number of the Militia of Halifax District, &c., concurred with.

Received from the Commons the following message:

Mr. Speaker and Gentlemen:

The address proposed by the Senate to be presented to the Officers and Soldiers who distinguished themselves at the Capture of the British at King's Mountain this House approves of.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House respecting the indented certificates therein mentioned.

The resolve above referred to being read was rejected.

Benjamin Hawkins, Esquire, Commercial Agent, and one of the Commissioners of Trade agreeable to a Letter from the Speakers, wrote at the request of the General Assembly, appeared in order to settle his Accounts. The present session drawing to its end.

Resolved, that the settlement of Mr. Hawkins' accounts be deferred until the next Session of the Assembly.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

This House propose ballotting at half after three o'clock this evening, for three members of the Council extraordinary for a member of the standing Board of Auditors, and for the place of holding the next Assembly at, we nominate for Councillors Maj. General Caswell, Allen Jones and Alex. Martin, Oroondates Davis, Arch. McLain, Cornelius Harnett, Jno. Penn and Jno. Kinchen Esqrs.; for an Auditor Jno. Taylor, Esqr.; for the place for holding the Assembly at Newbern, Nutbush and Halifax. If you accede to this proposal you will signify the same by message.

Ordered, that the following message be sent the Commons:

Mr. Speaker and Gentlemen:

This House will be ready to ballot at half an hour after 3 o'clock this afternoon, and propose for members of the Council extraordinary Maj. General Caswell, Alex. Martin, Allen Jones, and O. Davis, Esqrs., for an additional member of the Board of Auditors, Jno.

-------------------- page 705 --------------------
Taylor, Esq., and place for holding the next Assembly New Bern and Nutbush. Mr. Coor and Mr. Hill for inspectors.

Received from the Commons the following message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House in favor of the Rev. Charles Cupples.

The Resolve above referred to being read, was rejected.

Received from the Commons a Bill to reduce the six Continental Battalions belonging to this State to four, to complete the said four Battalions, and for other purposes. Endorsed, “in the House of Commons, Feb. 11th, 1781, read the third time, amended and passed.”

Ordered said Bill be read. Read, amended by consent of the Commons, passed the third time, and ordered to be engrossed.

On reading for the last time the afore mentioned Bill that part of a clause allowing certain exemptions as herein before recited, having been inserted by the Commons, a motion was made and seconded, that the same be again deled, this being objected to, the question was put and carried in the affirmative; then on motion of Mr. Hunt, ordered that the yeas and nays be taken on the above question which were as follows, to wit: In favor of exemption as contained in said clause, Messrs. Williams, Shepperd, Clinton, Battle, Hunt, Boddie, Hinton, Coor and Medlock. Against them, Messrs. Davis, Ramsey, Haynes, Johnston, Irwin, Simpson, Hill, Cleveland, Courtney, Collier, Everagin, McKenzie, Shelby, Spruill, McLaine and Carter.

So this clause was again deled, and the Bill amended by consent of the Commons as is now to be seen in that Act of Assembly.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

This House have appointed Messrs. Smith, Hooper, Lock, Harrington and Caswell, a committee on their part who will act in conjunction with such gentlemen as you may appoint to suggest what Ways and Means are most necessary to be pursued for the defence of this State in the present critical situation thereof, and to prepare an answer to General Greene's last letter, assuring him that it is the determined resolution of the present Assembly to defend this State to the last extremity.

-------------------- page 706 --------------------

Ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Senate have appointed Mr. McLain, Mr. Johnson, Mr. Davis and Mr. Coor, a committee to act with the gentlemen by you appointed to suggest what Ways and Means are most necessary to be pursued for the defence of this State, &c., and to prepare an answer to Gen. Greene's last letter as by you mentioned.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

This House propose that an express be immediately dispatched to His Excellency, the Governor, with Gen. Greene's and the other letters herewith sent, assuring His Excellency that it is the unanimous determination of the members of Assembly to support this State to the last extremity; if you accede to this you'll forward the same to Col. Long requesting him to dispatch the express immediately.

Ordered, that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

This House unanimously agree to the dispatching a messenger with Gen. Greene's and the other letters mentioned, to His Excellency, the Governor, and assuring him of the steady determination of the members of this Assembly to support the State to the last extremity, and will cause that a message be dispatched accordingly.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve of this House declaring the sense and determination of this Assembly in the present situation of this country.

Ordered the following message be sent the Commons:

Mr. Speaker and Gentlemen:

We return the Resolve of your House declaring the sense and determination of this Assembly in the present situation in the country, unanimously concurred with by this House.

Received from the Commons the following Message:

-------------------- page 707 --------------------

Mr. Speaker and Gentlemen:

We return the conditional Resolve of your House for raising a corps of Light Horse in the county of Cumberland. Concurred with.

Received the Resolve above referred to, endorsed in the House of Commons Feb. 13th, 1781, concurred with.

Mr. Coor appointed on the part of this House, together with Mr. Hill, to attend the balloting for a Council extraordinary, an Auditor and the place where the next Assembly shall be held reported, that having executed the trust reposed in them, on summing up the ballots, it appeared that the Honorable Maj. General Caswell, Alex. Martin, and Allen Jones, Esqrs., were by a large majority of the votes of both Houses, chosen a Council extraordinary, John Taylor, Esq., a member of the Board of Auditors, and the town of New Bern the place where the next Assembly shall be held.

The House taking the said Report into consideration, resolved that they do concur therewith.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House in favor of Isham Beazley, an express.

Ordered, that the following Message be sent the Commons.

Mr. Speaker and Gentlemen:

We return the Resolve of your House in favor of Isham Beazley, an express. Concurred with.

Resolved, that the Treasurers, or either of them, pay into the hands of Brigadier General Isaac Gregory, the sum of twenty-five thousand pounds, to enable him to defray the necessary expenses he may incur on account of the public.

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

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve directing the Treasurers, or either of them, to pay into the hands of Brigadier General Gregory a certain sum therein mentioned.

Mr. Davis from the committee to whom was referred the letter from the House, respecting the establishment of funds for their support while in Congress, reported as follows:

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The Committee to whom was referred the Letter from the Delegates respecting the establishment of Funds for their support whilst in Congress, beg leave to report:

That it is the opinion of your Committee that the Commissioners of Trade be ordered and enjoined by such Ways and Means as may be in their power to furnish each of the Delegates belonging to this State with such Sum or Sums of Money as may be sufficient to defray his reasonable Expenditures during his attendance in Congress; and should this service fail or prove insufficient, it is further the opinion of your said Committee that each of our said Delegates be Authorized to draw on the Continental Treasury for his necessary Expenditures, considering the present circumstances of this State.

Resolved, also, that when any of the Delegates belonging to this State may have borrowed money on his own private credit for the actual support of himself in Congress, and shall have engaged to make good the depreciation on the same, that this State will reimburse such Delegate the full sum.

And, Resolved, lastly, as the opinion of your Committee that any two of the Delegates of this State are sufficient to attend in Congress at the same time, and that the vote of either one be considered as the representation of the State, and be binding and obligatory on the same; all which is submitted.

O. DAVIS, from the Committee.

Mr. Davis, from the joint Committee to whom was referred the Memorial of Colonel Medlock, and also the settlement of General Harrington's Accounts, reported as follows:

The Committee to whom was referred the Memorial of Colonel Medlock, as also the settlement of General Harrington's Accounts, beg leave to report:

That it is the opinion of your Committee that the Certificates mentioned in Colonel Medlock's Memorial (considering the circumstances by which they were lost) be reissued by the Clerks of the Assembly, paying due Respect to the persons' names, the Numbers, Amount and Sessions they were passed at, as contained in the said memorial. Your Committee further report that, having examined the accounts of General Harrington, there appears to be due him for sundry disbursements and Expenditures on public Account the

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Sum of Thirty-Six Thousand Five Hundred and Seven Dollars current money, including Nine Hundred and Ten Continental Dollars reduced into State Currency.

O. DAVIS, from the Committee.

The House, taking the foregoing Reports into consideration, concurred therewith.

Ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

We send you the Report of the joint Committee to whom was referred the Letter from the Honbl. Whitmel Hill and Willie Jones, Esquires, concurred with by this House. We also send the report of the Committee to whom were referred the Memorial of Colonel Medlock and the settlement of General Harrington's Accounts, which we likewise concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence a resolve of this House requesting the Speakers of the two Houses of the General Assembly to write to the Governor of Virginia on the subject therein mentioned.

Ordered, that the following Message be sent the Commons.

Mr. Speaker and Gentlemen:

We return the resolve of your House requesting the Speakers of the General Assembly to write to the Governor of Virginia, &c., concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a resolve of this House for raising a Company of Militia for the defence of the Seacoast of Onslow County.

Ordered, that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

We return the resolve of your House for raising a Company of Militia for the defence of the Seacoast of Onslow County, concurred with.

Received from the Commons the following Message:

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Mr. Speaker and Gentlemen:

We return the resolve of your House directing the Treasurers or either of them to pay into the hands of Brig. Genl. Gregory a sum therein mentioned, concurred with.

Received the resolve referred to. Endorsed in the House of Commons 13th February, 1781. “Concurred with.”

Whereas, the Progress of the Enemy under Lord Cornwallis makes it necessary that the Prisoners of War in this State should be removed,

Resolved, therefore, that the Brig. Gen. be directed and they are hereby required to cause all the Prisoners of War in their Districts to be sent into the Commonwealth of Virginia. That the Prisoners in the Districts of New Bern and Halifax be sent to the Town of Halifax, and that General Butler and General Jones shall have the Prisoners sent from Halifax and Hillsboro respectively to such places as they may judge most secure.

Ordered that the foregoing Resolve with the following Message be sent the Commons.

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve directing the removal of the Prisoners of War in this State.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve for communicating the sense of the General Assembly to Colonels Shelby and John Sevier, Esqrs., for their late exertions in favor of this State, &c.

Ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Resolve of your House communicating the sense of the General Assembly to Cols. Shelby, John Sevier, Esquires, and others respecting their late patriotic exertions in favor of this State, we return you concurred with.

Whereas, it becomes necessary to make the greatest efforts when the enemy appears to be most peaceful.

Resolved therefore, that Major James Reed, with the Light Horse under his command, ordered to join the Army near Wilmington

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be, and he is hereby ordered to march westward under the command and directions of Brig. General Jones.

Ordered that the foregoing Resolve with the following Message be sent the Commons.

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve changing the route of Major Reed.

Read a letter from Gov. Jefferson, also a letter from D. Ross. Ordered that they be sent the Commons with the following Message:

Mr. Speaker and Gentlemen:

We send for your perusal a letter from Governor Jefferson, also a letter from Mr. David Ross.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve of this House in favor of the Judges and the Attorney General, which we propose instead of the three Resolves of the same purport, proposed by the Senate.

Ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

Your proposed Resolve in favor of the Judges and Attorney General we agree to adopt instead of those on that Head proposed by this House, and return it herewith concurred with.

Received from the Commons a Bill to enlarge the powers of the Quarter Master General, Endorsed, “In the House of Commons 13th February, 1781, read the third time, amended and passed.”

Ordered said Bill read. Read the third time, passed and ordered to be engrossed.

Resolved, that the Treasurers, or either of them, pay into the hands of Colonel Robert Irwin the sum of twenty thousand pounds to enable him to pay bounties to Volunteers and Drafts, now due in the County of Mecklenburg, for which sum Col. Irwin is to be accountable.

Resolved, That the Treasurer of Salisbury District pay into the hands of Col. Isaac Shelby the sum of eight thousand five hundred and thirty-seven dollars, to enable him to pay Mr. Jno. Adair the

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like sum which was borrowed for public use, for which Col. Shelby is to account with the public.

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

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve in favor of Col. Irwin, also a Resolve in favor of Colo. Shelby.

Adjourned till To-morrow Morning 9 O'clock.


Tuesday 14th February, 1781.

The House met.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We return the Resolve of your House changing the route of Major Reed concurred with.

Received the Resolve above referred to, Endorsed, “In the House of Commons 13 February, 1781,” concurred with.

Mr. Speaker and Gentlemen:

We return the Resolve of your House in favor of Colonel Shelby, concurred with, but do not concur with the one in favor of Colonel Irwin.

Received the Resolve above referred to, Endorsed, “In the House of Commons 13 February, 1781,” concurred with.

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House for relieving persons who have furnished the Armies of this State with provisions to a greater amount than their Specific Tax from the payment of the same.

Ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Resolve of your House for the relief of persons who have furnished the Armies of this State with provisions to a greater amount than their Specific Tax, we return you herewith concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve for effecting an exchange of Prisoners.

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Ordered that the following Message be sent the Commons.

Mr. Speaker and Gentlemen:

We return you herewith the Resolve of your House for effecting an exchange of Prisoners, concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House in favor of James Biggleston.

Ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

We return the Resolve of your House in favor of James Biggleston concurred with.

Received from the Commons the following message:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve of this House directing Colonel Long to furnish General Gregory a certain quantity of gun powder, &c.

Ordered that the following message be sent the Commons:

Mr. Speaker and Gentlemen:

The Resolve of your House directing Colonel Long to furnish Gen. Gregory a certain quantity of gun powder, &c., we return you concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve directing the Standing Board of Auditors to issue the Certificates therein mentioned.

Ordered the following Message be sent to Commons:

Mr. Speaker and Gentlemen:

We return the Resolve of your House directing the Standing Board of Auditors to issue the Certificates therein mentioned, concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve in favor of Isham Beazley.

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Ordered that the following Message be sent the Commons.

Mr. Speaker and Gentlemen:

We return the resolve of your House in favor of Isham Beazley concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We return the Resolve of the Committee in favour of Colonel Medlock and General Harrington concurred with by this House.

Mr. Speaker and Gentlemen:

We return the report of the Committee, respecting the North Carolina Delegates, concurred with.

Resolved, That the Treasurers, or either of them pay into the hands of the honbl. S. Ashe, S. Spencer and Jno. Williams, Esqrs., Judges, and James Iredell, Esqr., Attorney General, respectively, the sum of twenty thousand pounds as a further compensation for their last year's services for which they are respectively to be accountable.

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

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve in favor of the Judges of the Superior Courts of Law and of the Attorney Generals.

Resolved, That the thanks of this House be presented the Honorable Alexander Martin, Esquire, for the alacrity and faithfulness with which he hath discharged the many and important services incident to his appointment as Speaker thereof.

The business of the session being ended, Resolved, that the Honorable the Speaker, ratify the several bills passed this Session, the Acts of the General Assembly, that he sign the Journal as the Acts of the Senate and that the Clerk attest the same.

By Order.
ALEX. MARTIN, Speaker.
JOHN HAYWOOD, C. S.