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Minutes of the North Carolina House of Commons
North Carolina. General Assembly
January 27, 1781 - February 14, 1781
Volume 17, Pages 715-793

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THE HOUSE JOURNAL—1781.
FROM JANUARY 27TH, 1781, TO FEBRUARY 14TH, 1781.
[It being the Third Session.]


State of North Carolina,
In the House of Commons 27th January, 1781.

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

The Honorable Thomas Benbury, Esquire, Speaker, and the following members appeared, viz: Messrs. Montfort, Weldon, Whittaker, Peebles, J. Bryan, Vaughan, Starkey, J. Hawkins, General Harrington, Macon, Balfour, J. Williams, Bloodworth, May, Mitchell, Lock, Wilson, Phifer, Barrier, Freeman, Farrow, Dixon, Gray, Gillespie, McCawley, Patterson, P. Hawkins, Herndon, Person, Smith, Campbell, Jacocks, Winslow, Hunter, Scurlock, Jas. Williams, Lucas, Mouring, Jordan, Averett, Barrow, Shepperd, Cumming and Humphries.

General Willlam Caswell, one of the members for Dobbs County, appeared, was qualified and took his seat.

The returning officer for the County of Rutherford, certified that Mr. William Porter was duly elected a member of this House in the room of David Whiteside, Esqr., deceased, whereupon the said Mr. Porter appeared, was qualified and took his seat.

The returning officer for the town of New Bern, certified that William Blount, Esqr., was duly elected a member of this House in the room of James Green, junior, Esqr., whose seat was vacated by his acceptance of the appointment of one of the Council of State, whereupon the said William Blount, Esqr., appeared, was qualified and took his seat.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

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

Received from the Senate the following message:

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Mr. Speaker and Gentlemen of the House of Commons:

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

Ordered that the following message be addressed to His Excellency, the Governor:

To His Excellency, Abner Nash, Esq., Governor, &c.:

Sir:

The two Houses of the General Assembly being now formed, acquaint your Excellency that they are ready to receive such letters and papers of a public nature as you have to lay before them.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence a message proposed to be presented to His Excellency the Governor.

The House adjourned til to-morrow morning 10 o'clock.


Sunday, January 28th, 1781.

The House met according to adjournment.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

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

At the same time received the address referred to in the above, and the same being read was agreed to, and Mr. Starkey appointed by this House to wait on His Excellency with the same.

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

Read the Memorial and Remonstrance of a number of people in Wayne County called Quakers. Ordered, that the same be referred to a joint Committee; that Messrs. Person, Hawkins, Wilson, Harrington, and Williams be a Committee on the part of this House.

Ordered, that the following Message be sent to the Senate:

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

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Houses, and have on our part appointed Messrs. Person, Hawkins, Wilson, Harrington, and Williams a Committee.

Received from His Excellency the Governor the Following Message:

To the Honorable the General Assembly:
Gentlemen:

I am very glad an opportunity is at last offered me of addressing you in General Assembly, and I believe I may truly say there never has been a time before in which the united Wisdom of the State was more pressingly called aloud for than the present. You have seen the neighboring States of Georgia and South Carolina fall one after the other in the hands of the Enemy, and you see the people of those States, lately so free and happy, now groaning under every degree of wretchedness that Lawless power can inflict. All these evils, Gentlemen, and more than I can describe, await us, and sooner or later be our inevitable fate unless proper measures are speedily taken to avert them. No one can, I presume, have a doubt respecting the immediate designs of the Enemy against this State; their plan of policy pursued of late plainly points them out. In point of conquest we stand next in rotation, and indeed had it not been for the bravery and public spirit that of late has so eminently distinguished the good people of this State, there is no saying how far the Enemy's views might not have been effected before this hour. These people, not waiting for the calls of Government, nobly stepped forth in defence of their common rights, and under every disadvantage they attacked, defeated and finally expelled the Enemy from the State. These great and memorable actions, together with the successes of the Militia against the Enemy in the District of Edenton and other parts of the State, have had the most extensive and important good consequences; at the same time they struck the Enemy with consternation, they animated the rest of our Citizens and taught them to know their own strength, and perhaps it affords you, Gentlemen, this happy opportunity of further providing for the general safety by adopting such wise Measures as will in future bring forth the strength and resources of the whole Country. By wise Laws this may be affected, but so long as you trust to the uncertain, unequal, and I may say oppressive, methods of seizing and impressing for the support of the Army the public

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burthens will be so unequal and the supplies so difficult of collection, that I fear nothing but distress and disappointment will be the fruits of your endeavors. Could this plan of impressment be made to fall on the monopoliser only—he who takes his measures with a view to his own interest, regardless of the public calamities—the measure would consist of good policy; but to make it fall on the industrious Citizen—he who by his labor has acquired something over and above the wants of his family and his proportion of the public wants—to subject his house to a search, and his produce on the road for market to seizure, is impolitic, because by its direct tendency to discourage industry, a fatal scarcity of the necessaries of life in a short time must be the inevitable consequence. I admit that in cases of extreme necessity, every sovereign and State has a right to impress for the public security; but it is the necessity of the case only that will justify the measure. And, Gentlemen, I beg you will consider how different this is from a Law authorizing general impressments as an ordinary measure of providing for the Army. The acts of Congress, original Letters, and other State papers, which I have the honor to lay before you, are so full and pathetic on this subject that, added to what I have said and your own reflections, I am persuaded you will on this important occasion take such measures as will answer the reasonable expectations of Congress, and thereby secure effectually the freedom and independence of the State.

I wish it were in my power Gentlemen, to give you a satisfactory account of the operations of our principal army to the Westward, and of the progress made by your officers and commissioners in providing magazines of provisions and other military stores. In the common course of things, no doubt it might be expected of me to be able to give some account of these public transactions, but gentlemen at your last session at Hillsborough for reasons unknown to me, it was thought expedient (as I conceive it) to change our form of Government, for by your acts you have effectually transferred the powers vested by the constitution in the Governor, into the hands of Commissioners. As I said, I am entirely ignorant of the causes which lead to this strange resolution. In the preceeding April I had been elected into office by a very large majority of the General Assembly. This mark of confidence added to the affectionate

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manner in which the honors of my appointment were conferred upon me impressed me with the deepest sense of gratitude, and anxious for an opportunity to render some service to my country suitable to the rank I held in it, I applied to the Assembly for their approbation to proceed myself into South Carolina with the aid intended for the relief of that State; but, as I was informed, the measure was at this time thought inadvisable on account of the danger apprehended from the disaffected within the State, and I was the better satisfied with the will of the Assembly, as the command was on that important occasion given to one of your worthiest citizens, one who with reputation had filled the highest offices in the State, and who had been experienced in military affairs, an advantage I could not boast of. Since then, gentlemen, I have constantly exerted my best abilities, such as they are, for the public good, and upon the strictest self-examination I am not conscious of having done anything, or omitted to do anything, in my public character, but with a direct view to the honour and interest of my country. When you elected me Governor of the State, you presented me the Bill of Rights and the Constitution, at the same time you presented me with the Sword of State as an emblem of the power I was invested with for the protection of the Constitution and the rights of the people, and in a solemn manner you bound me by an oath to preserve the Constitution inviolate; and yet four months after my election the very same Assembly deprived me of almost every power, privilege and authority belonging to my office. My authority as commander-in-chief of the militia, is abolished, and every officer and commissioner of the State, your chief magistrate not excepted, is made amenable and subject to the control of a Board of War, they are empowered to direct me, when and in what numbers, to call out the militia, and when called out they are to direct what post they are to occupy, and what expeditions they are to undertake—in short, from having a right even to a share in the Councils of administration.

In consequence of these measures, I have been excluded from all intelligence or correspondence with the army; the commanding officer of your militia has honored me, it is true with one letter since his appointment to the Supreme command, as it is termed, but this was only only to acknowledge the receipt of mine sent express to advise him of Gen. Leslie's having left Virginia.

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I have no doubt that the secret Enemies of our Free Constitution exult at the introduction of such innovation and rejoice at seeing the first office in the State rendered useless and contemptible; but I question if you, Gentlemen, upon experience, will find any good consequences to result from such experiments; on the contrary, the worst of consequences are, in my opinion, justly to be apprehended from them; and particularly from weakening instead of strengthening the hands of Government in times of imminent danger.

I readily acknowledge the merit of the gentlemen who compose the Board of War, and that I thought the establishment of such a Board necessary; I also thought it necessary that extraordinary powers should be lodged somewhere, equal to the exigency of the times and agreeable to the recommendation of Congress, to be exercised on extraordinary occasions; and being not ambitious of power myself, I recommended that this extraordinary power should be lodged in the Board of War, so as to make them a legal basis for the support of the Executive; and this, as expressed by Congress, might have been in lieu of the Assembly's sitting constantly; but instead of giving them powers which lie dormant, except when the Assembly are in Session, you give them powers comprehending, and of course superceding those of the Executive, which are never dormant. In short, Gentlemen, I hold at present but an empty title, neither serviceable to the people nor honorable to myself. It will therefore become an act of necessity, however disagreeable at a time like this, that I resign my office, unless you restore it to a condition as respectable as it was when you did me the honor to confer it upon me.

A. NASH.

Ordered that the following Message be sent the Senate:

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 Senate a bill to enforce the attendance of the Members of the General Assembly. In the Senate read the first time and passed.

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Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

Col. Shelby, Mr. Courtney, and Mr. Battle, will act with the gentlemen by you appointed to take under consideration the remonstrance of the Quakers of Wayne county.

Mr. Speaker and Gentlemen:

This House have appointed Col. Irwin, Mr. Davis, Col. Ramsey and Maj. Clinton, Mr. Charles Johnston 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.

Ordered the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons have appointed Messrs. Person, Phifer, Bloodworth, Macon, Smith and Blount to act as 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 Senate the following Message:

Mr. Speaker and Gentlemen:

The Senate have appointed Mr. Davis, Major General Caswell, Mr. Charles Johnston, Mr. McKenzie, Col. Irwin and Mr. Sheppard, 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.

Ordered that the following Message be sent to the Senate:

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

Robert Bignall, Esq., having informed that he was ready to settle his accounts as one of the Commissioners of Trade, whereupon

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Resolved, that they be referred to a Joint Committee to examine and report upon.

Ordered that the following Message be sent to the Senate:

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, Esq., Commissioner of Trade, and make report thereon.

The petition of a number of the Inhabitants of Caswell county, in favor of George Graham, confined in the District Gaol of Halifax, for Treason, was read and rejected.

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


Monday, 29th January, 1781.

The House met according to adjournment.

Mr. Allison, one of the members for Washington county, Mr. Gowdy, one of the members for Guilford county, and Mr. Hardy Griffin, one of the members for Nash county, appeared and took their seats.

Read the Petition of Martha Bell, administratrix of John McGee, deceased, late of Guilford county.

Ordered that the same lie on the Table until to-morrow for consideration.

The Bill to enforce the attendance of the Members of the General Assembly was read the second time, amended, passed, and sent to the Senate.

Mr. Macon presented a Petition of Charles Saintsing.

Ordered that the same be referred to the Board of Auditors to report upon.

Mr. Blount moved for leave, and presented a Bill “to repeal an Act, entitled an Act, to suppress excessive gaming,” passed at New Bern the first session of the present General Assembly, which was read the first time, passed and sent to the Senate.

Resolved, That Alexander Downie, of Duplin county, be for the future exempted from the payment of Poll taxes.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send for your Concurrence a resolve of this House

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exempting Alexander Downie, of Duplin county, from the payment of Poll taxes.

Mr. Starkey moved for leave, and presented a Bill to continue the executive powers of Government in the present Government and Council, after the fifteenth day of April next, on the Contingency therein mentioned, which was read the first time, passed, and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

This House have appointed Col. Medlock and Col. 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.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve in favor of John Wooten, of Franklin county, together with his Petition.

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

Ordered, that the following Message be sent the Senate:

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 from the Senate the following Message:

Mr. Speaker and Gentlemen:

This House have received the Message of yours appointing certain members to act as a Committee on your part for the settling and adjusting accounts of Mr. Bignall, one of the Commissioners of Trade, with which we do not concur; but propose in lieu thereof

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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 the Board of War be requested to lay the Journal of their proceedings since the last session of Assembly before the present session of Assembly for their perusal and examination.

Ordered, that the following Message be sent the Senate:

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 the Assembly.

Resolved, That the following Message be addressed to His Excellency the Governor:

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

The General Assembly beg leave to acquaint your Excellency that they are ready to take under consideration the Journal and proceedings of the Council of State since the last Session of Assembly.

Ordered that the following Message be sent the Senate:

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 is ready to take under consideration the Journal and proceedings of the Council of State since the last Session.

Received from the Senate the following messages:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve directing Joseph Leech, Esquire, to deliver Captain Armstrong 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 Col. Leech to be sent for the relief of the Continental and Militia officers belonging to this State now on Parole to the Southward with the Enemy.

At the same time received the Resolves of the Senate referred to

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in the above Message, and the same being read, were concurred with.

Ordered, that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Mr. James Williams, from the Committee to whom was referred the Petition of the Quakers reported as follows:

We are the of opinion that the Law has been construed greatly to their prejudice, and that they ought not to pay more than four times as much as good Citizens who have in every respect complied with the Laws of the Land in similar circumstances.

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

Resolved, That the respective Tax gatherers within this State collect from the Quakers, Moravians, Mononist, and Dunkards, who have not Inventoried their taxable property, no more than four times as much as they have a right to collect from the good Citizens of this State who have complied with the Laws of the Land in every respect and are in like circumstances.

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

Mr. Speaker and Gentlemen of the Senate:

We herewith send for your concurrence the report of the Committee appointed to take under consideration the Remonstrance of the Quakers, together with a Resolve of this House entered into in consequence thereof.

Resolved, That the Speakers of the Senate and Commons write to the Commissioners of the Board of Trade and the Commercial Agent, requesting their attendance on the present Assembly in order to settle their accounts, and to make report thereto of their proceedings since the last Session at Newbern.

Ordered that the following Message be sent to the Senate:

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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.

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


Tuesday, 30th January, 1781.

The House met according to Adjournment.

Received from His Excellency the Governor the following Message:

To the Honb'l the General Assembly:
Gentlemen:

I have the Honor to lay before you some Letters I have lately received, and which I conceive deserve the consideration of the General Assembly.

At the same time, received the Letters referred to in the above Message. Ordered, that they be referred to a joint Committee to Examine and report upon; that Messrs. J. Hawkins, Person, Williams, Harrington, Blount, Scurlock be a Committee on the part of this House for that purpose.

A Letter from the Marquis de Britaigne, an address from Col. Malmedy, the Petition of Jas. Hunter and the Petition of Larkin Cleveland were read. Ordered that they be referred to the Committee appointed to examine and report upon the Letters received from His Excellency the Governor.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send you a Message from His Excellency the Governor, addressed to the General Assembly, with sundry Letters, &c., as also a Letter from the Marquis of Britaigne, an address from Col. Malmedy, the Petition of James Hunter and the Petition of Larkin 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.

General Harrington moved for leave and presented a Bill for raising men to complete the Continental Battalions belonging to this State which was read the first time, passed and sent to the Senate.

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Received from the Senate the Bill to repeal an Act entitled “an Act to suppress excessive gaming,” passed at New Bern the first session of the present General Assembly. Endorsed, “In the Senate 29th Jany, 1781, read the first time and passed.”

Received from the Senate the following Message:

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 Senate the 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 Senate 29th January, 1781, read the first time and passed.”

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

The Bill to repeal an Act entitled “an Act to suppress excessive gaming,” passed at New Bern the first session of the present General Assembly, was read the second time and Rejected.

On the question shall the Bill pass or not it was objected to and carried in the negative. The Yeas and Nays being required by Mr. Peebles are as follows:

Yeas—Messrs. Montford, Weldon, Whittaker, Peebles, Vaughan, Macon, Mitchell, Humphries, McCawley, Patterson, Caswell, Winslow, J. Williams, Mouring, Shepperd, Blount and Griffin—17.

Nays—Messrs. J. Bryan, Starkey, J. Hawkins, Harrington, Balfour, J. Williams, Bloodworth, Moy, Lock, Wilson, Phifer, Barrier, Freeman, Farrow, Dixon, Gray, Gillespie, Herndon, Person, Campbell, Jacocks, Hunter, Scurlock, Porter, Jordan, Averitt, Barrow, Cummins, Allison and Gowdy.—30.

So it was Resolved in the Negative.

Received from the Senate the Bill to enforce the attendance of the Members of the General Assembly and to make adequate allowance for such attendance, Endorsed, “In the Senate the 30th January, 1781, read the second time, amended and passed.”

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Resolve of your House requesting the Board of War to lay

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the Journals 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 Senate the following Message:

Mr. Speaker and Gentlemen:

This House have received your proposed Address to His Excellency the Governor, and wish to substitute the one herewith sent you, in lieu thereof.

At the same time received the proposed Address referred to in the above Message, and the same being read was agreed to.

Ordered that the following Message be sent to the Senate:

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 Council of State since the last session before the Assembly this House approve of.

Received from the Senate the Bill for raising men to complete the Continental Battalions belonging to this State, Endorsed, in Senate 30th January, 1781. “Read the first time and passed.”

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

The House met according to adjournment.

Received from the Senate the 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 Senate 30 January, 1781, read the second time and passed.”

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

This House cannot agree to the Resolve of yours respecting the

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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.

Ordered that the following Message be sent the Senate:

Mr. Speaker and Gentlemen:

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

Resolved, That the Bill to enforce the attendance of the Members of the General Assembly and to make adequate allowance for such attendance be read to-morrow for the third and last time in this House.

Mr. Boyd, one of the Members for Chowan County, appeared and took his seat.

Resolved, That Mr. Campbell and Mr. Bloodworth have leave to absent themselves from the service of this House.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve in favor of the Officers and Soldiers belonging to this State now in captivity with the Enemy to the Southward.

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

Ordered that the following Message be sent the Senate:

Mr. Speaker and Gentlemen:

We return the Resolve of the Senate in favor of the Officers and Soldiers belonging to this State, now in captivity with the Enemy to the Southward, concurred with by this House.

The House adjourned till To-morrow Morning ¾ after 9 o'clock.


Wednesday 31 January, 1781.

The House met according to adjournment.

Mr. Starkey moved for leave and presented a Bill to regulate and establish a Militia in this State which was read the first time, passed and sent to the Senate.

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A letter from Doct. 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, were read.

Ordered that they be sent to the Senate for their perusal, &c.

The resignation of the Lieut. Colo. of Camden County and the resignation of the first Major of Perquimans County were read.

Ordered that they be sent to the Senate.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for your perusal and examination a letter from Doct. 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 Lieut. Colonel of Camden, and the first Major of Perquimans County.

Read the Petition of Kedar Harold of Duplin County.

Ordered, that the same be referred to a joint committee to examine and report upon. That Messrs. Freeman, Macon, Wilson and Dixon be a Committee on the part of this House for that purpose.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send you the Petition of Kedar Harold, which we propose referring to a joint Committee, and have on our part appointed Messrs. Freeman, Macon, Wilson and Dixon a Committee for that purpose.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

Ordered, that the following Message be sent to the Senate:

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.

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McCawley, Mr. Williams, Mr. Peebles, Mr. Winslow, Mr. Starkey and Mr. Whittaker, a Committee for that purpose.

Received from His Excellency the Governor the following Message:

To the Honorable the General Assembly:

Gentlemen:

I have it not in my power to lay before you the proceedings of the Council. Since August last none of their proceedings have been entered in the Journal, but committed in detached pieces, to the care of Mr. Green, one of the Members, who undertook when he had leisure, to bring them into order and transcribe them into the proper Book. This disorder I could not remedy. At the April Session Mr. Glasgow was discharged from his attendance on the Council, and it was required that the Governor's Private Secretary should serve as Clerk to the Council. It was also no doubt understood and expected that the Private Secretary should prepare all dedimus's, Commissions, Proclamations and other Papers of a public nature. From the remote situation of the Public Secretary it was impossible to expect from him the performance of this duty himself, and the allowance to him for his general services would not enable him to keep a Deputy residing in New Bern. The Private Secretary of course performed all these implied, as well as expressed, duties for a considerable time and until he perceived clearly that what was intended as a reward for his services would in effect prove the reverse, his only perquisite was a fee of Ten Dollars for the Great Seal, which would now cost him for the materials only, more than double the sum; and finding also that the Board of War were empowered to appoint a Secretary and as many Clerks as they pleased, and to pay them from the Treasury as they pleased, he became so discouraged that he left me. By these means the Council have been destitute of a Clerk and their proceedings not in a condition to be laid before the General Assembly; at the same time I think I can undertake from memory to give the Assembly satisfaction as to as to any particular transaction of the Board if it is desired.

A. NASH.

Ordered, that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

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Received from His Excellency the Governor the following Message:

Gentlemen:

You will receive herewith a Letter just come to my hand from Colonel Kenan, of Duplin County, giving an account of the arrival of a British Fleet at Cape Fear. For my own part I have no doubt of the truth of this account, and in my opinion no time should be lost in proceeding for the immediate defence of that part of the State; and should it be the sense of the General Assembly to enable me to act in my proper character, by removing the obstructions that have been put in my way, I could wish this was done as speedily as possible, that I might be enabled to act. I wish to proceed down the Country immediately, unless the General Assembly think it necessary I should stay a day or two longer.

A. NASH.

Ordered, that the following Message be sent to the Senate:

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.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

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

Ordered, that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith return the Resolve of your House discontinuing an annual allowance heretofore made Richard Fletcher, &c., concurred with.

Received from the Senate the following Message:

-------------------- page 733 --------------------

Mr. Speaker and Gentlemen:

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

Ordered, that the following Message be seut to the Senate:

Mr. Speaker and Gentlemen;

We herewith return the Resolve of your House suspending Mark Allen and Joel McClendon from the execution of their offices as Justices of the Peace, concurred with.

Received from the Senate a Bill to regulate and establish a Militia in this State. Endorsed in the Senate 31st January, 1781.

“Read the first time and passed.”

Sundry Extracts of Letters from His Excellency General Washington, and resolutions of Congress, were read; whereupon,

Resolved, That they be referred to the joint Committee appointed to examine and report upon the Letters, public Papers, &c., laid before the Assembly by His Excellency the Governor.

Ordered, that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for your perusal, &c., sundry Extracts of Letters and Resolutions of Congress, which we propose referring to a 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 Capt. Thomas Armstrong, herewith sent you, to the same Committee.

Mr. Starkey moved for leave, and presented a Bill for laying a further Tax for completing the Public Buildings in Gates County, which was read the first time, passed and sent to the Senate:

Resolved, that James Emmit be appointed Colonel, Thomas Armstrong Lieutenant Colonel, Walter Murray First Major, and Simon Hadly Second Major of Cumberland County. And that His Excellency the Governor be requested immediately to grant Commissions accordingly.

Ordered, that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

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Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House in favor of William Kilpatrick.

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

Resolved, That William Kilpatrick, of Pitt County, be exempted from paying Poll Taxes.

Ordered, that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Resolved, That Robert Porter be appointed Colonel, William Porter Lieutenant Colonel, Richard Singleton First Major, and Patrick Watson Second Major of Rutherford County. That His Excellency the Governor be requested to commission them accordingly.

Ordered, that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the Bill for encouraging the importation of Arms, Ammunition, and other War-like stores. Endorsed in the Senate 31st January, 1781. “Read the first time and passed.”

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

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

-------------------- page 735 --------------------
Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Resolved, that the Bill for raising men to complete the Continental Battalions belonging to this State, be read to-morrow for the second time.

Resolved, that the Sheriff of Guilford county be, and he is hereby directed, to refund to James Hunter, of the said county, all the effects and monies levied upon the effects of the said Hunter, for the purpose of hiring a substitute since the second of September last, and that the Colonel of the said county be reimbursed all monies not exceeding six thousand pounds, which he may have expended agreeable to law in procuring a substitute for the said Hunter, Resolved, also, that the said Sheriff refund all monies lodged with him by or on account of the said Hunter for any purpose relative to the matter aforesaid.

Ordered that the followinging Message be sent to the Senate.

Mr. Speaker and Gentlemen:

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

The House adjourned til to-morrow morning ¾ after 9 o'clock.


Thursday, February 1st, 1781.

The House met according to adjournment.

Received from the Senate a Bill to continue an Act for quieting such as may suffer in their titles and claims of land by reason of the extension of the boundary line between this State and the Commonwealth of Virginia. Endorsed, “in Senate 1st Feb., 1781, read the the first time, and passed.”

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Senate agree with the Commons in referring the extracts of letters, resolutions of Congress, &c., also Captain Armstrong's memorial to the Joint Committee appointed to take under consideration the public papers laid before the Assembly by his Excellency the Governor.

-------------------- page 736 --------------------

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.

Resolved, that his Excellency, the Governor, be and he is hereby requested to grant a warrant on the Treasurers of the district of Wilmington, in favor of David Dodd, Commissioner of Duplin county, for the sum of nineteen thousand pounds, for which the said Dodd shall be accountable to the Board of War.

Ordered that the following Message be sent to the Senate:

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 Dodd, Commissioner of Duplin county.

Received from the Senate the following Message:

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, Major General Caswell, Col. Williams, Mr. Davis, Mr. Johnston, Col. Irwin, Col. Shelby and Mr. Hunt, a committee, who will also 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.

Ordered that the following Message be sent the Senate:

Mr. Speaker and Gentlemen:

The Commons have appointed Messrs. Lock, Smith, Moy, Phifer and Montfort, to act with the gentlemen appointed by the Senate to take under consideration the letter from Dr. Williamson, &c., and to devise Ways and Means for effecting an exchange of the militia belonging to this State now in captivity to the Southward.

Resolved, that his Excellency, the Governor, be requested to grant a warrant on either of the Treasurers in favor of Col. James Blount, of Chowan county, for ten thousand pounds for the purpose

-------------------- page 737 --------------------
of making the necessary defence against the enemy in that neighborhood.

Ordered, that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We 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 Col. Blount for Ten Thousand pounds.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

We return the Resolve of your House requesting his Excellency to grant warrants on either of the Treasurers of this State in favor of Col. Blount. Concurred with.

Mr. Speaker and Gentlemen:

The Resolve of your House appointing field officers for the county of Cumberland, we return you concurred with.

Mr. Speaker and Gentlemen:

The Resolve of your House appointing field officers in Rutherford county, we send you concurred with.

Read the petition of Ann Christenbury sitting forth that her husband was taken prisoner at the defeat of General Gates, &c., and praying to be released from the payment of taxes, whereupon. Resolved, that she be exempted from paying the taxes which her husband was subject to on the taxable property of his estate.

Ordered, that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House, exempting Ann Christenbury from the payment of taxes.

Received from the Senate the following message:

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 Capt. Armstrong as the bearer thereof.

-------------------- page 738 --------------------

Ordered that the following Message be sent to the Senate:

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.

The 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 this State and the Commonwealth of Virginia, was read the first time, passed, and sent to the Senate.

Mr. Starkey presented a Memorial from the officers of the North Carolina line, and the same being read, was ordered to be referred to a Joint Committee, to examine and report upon, and Messrs. Caswell, Harrington, Blount, Macon, and Person, appointed a committee on the part of this House for that purpose.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send you the Memorial of the officers of the North Carolina line which we propose referring to a Joint Committee, and have on our part appointed Messrs. Caswell, Harrington, Blount, Macon, and Person, a committee.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

You will herewith receive for you concurrence an address proposed by this House to be presented His Excellency, the Governor.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the 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 this State and the Commonwealth of Virginia. Endorsed, “in the Senate February 1st, 1781, read the first time, and passed.”

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The Resolve of your House in favor of James Hunter, of Guilford county, returned you concurred with.

-------------------- page 739 --------------------

Mr. Speaker and Gentlemen:

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

Mr. Speaker and Gentlemen:

We send for your concurrence, a Resolve directing the Treasurer or either of them, to pay into the hands of John Haywood, Secretary of the Board of War, a certain sum tberein mentioned to be applied as directed by said Resolve:

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Message:

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 to the officers who were active in the capture of the British troops commanded by Lieut. Col. Ferguson at King's Mountain.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons have appointed Messrs. Montfort, Starkey, Smith and Person, a Committee, to act with such gentlemen as you 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 Mountain.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve appointing Anthony

-------------------- page 740 --------------------
Bledsoe, Esq., Lieut. Col. of the Sullivan Regiment of Militia in the room of David Looney, Esq.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return the Resolve of your House appointing Anthony Bledsoe, Esq., Lieut. Col. of the Sullivan Regiment of Militia, &c. Concurred with.

Mr. Winslow moved for leave, and presented a Bill to continue an Act, entitled an Act, to suspend the operation of the Confiscation Law, which was read the first time, passed, and sent to the Senate.

Received from the Senate a Bill for vesting certain lands therein mentioned in Evan Shelby, his heirs and assigns, in fee simple. Endorsed, “in Senate Feb. 1st, 1781, read the first time, and passed.”

Ordered that the said Bill be read for the first time in this House. The same was read the first time, passed, and sent to the Senate.

Received from His Excellency the following Message:

To the Honorable, the General Assembly:

Gentlemen:

It is with the utmost pain I again address myself to the General Assembly on the subject of the disgraced condition of the executive department. I did hope that if it were the intention of the Assembly to restore me to my legal authority in the State, they would have taken the earliest opportunity of doing it, and of releaving me of the painful and disgraced condition in which I have been since the August session, but I am still held in a suspence, that would no doubt in the eyes of the world justify me in immediately resigning the empty and useless title I hold, but gentlemen I am unwilling to take this step as long as I can entertain any hope, that it has not been the deliberate design of the Assembly to treat me with contempt, if the latter has been the case I shall leave the great seal with the Speaker of the Senate, and desire this may be considered as my resignation, but should it be otherwise, I desire, in that case to be honored with the sense of the Assembly, and as I must in all events proceed homeward immediately, if 'tis intended that I should continue in office, I entreat that a Committee of the two Houses be immediately appointed to confer with me on the measures that it may be proper to take for the immediate defence of the State.

A. NASH.
-------------------- page 741 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send you a Message from His Excellency the Governor, and have appointed on our part Messrs. Jas. Williams, Person, Lock, 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.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send you the Report of the joint Committee appointed to confer with His Excellency the Governor, &c., concurred with by this House.

Ordered that the following Message be sent to the Senate:

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, Esqr., member of the Board of Auditors.

Mr. James Williams moved for leave and presented a Bill to amend an Act to prevent the abuses in taking up stray Horses, Cattle, Hogs and Sheep, and other things therein mentioned, passed at New Bern the 15th December, 1777, which was read the first time, passed and sent to the Senate.

The several matters to this Day referred being postponed, the House adjourned till To-morrow Morning ¾ after 9 O'clock.


Friday, 2nd February, 1781.

The House met according to adjournment.

Resolved, That the Quartermaster, Nicholas Long, Esquire, be

-------------------- page 742 --------------------
and he is hereby requested to furnish a sufficient quantity of Fire wood for the use of this House.

Received from the Senate the following Message:

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.

Ordered that the following Message be sent the Senate:

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 to the Committee appointed to take under consideration the Petition of the Officers of the North Carolina line.

The Bill for encouraging the Importation of Arms, Ammunition, and other War-like Stores, was read the first time, passed, and sent to the Senate.

The 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 this State and the Commonwealth of Virginia, was read the second time, passed, and sent to the Senate.

Received from the Senate a Bill to amend 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 Senate 2nd February, 1781. “Read the first time and passed.”

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

The Resolve of your House exempting William Kilpatrick, of Pitt County, from the payment of Poll Taxes we return you, concurred with.

Mr. Speaker and Gentlemen:

The Senate agree with the Commons in referring the Memorial

-------------------- page 743 --------------------
of the Officers of the North Carolina line to a joint Committee, and have for that purpose appointed Col. Williams, Mr. Hinton, and Colonel Shelby a Committee.

Received from the Senate 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 this State and the Commonwealth of Virginia. Endorsed in the Senate 2nd February, 1781. “Read the third time and passed.”

Received from the Senate the following Message:

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, Esquire, of Orange County, herewith sent you.

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

Received from the Senate the following Message:

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.

Received from the Senate 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 Senate the 2nd February, 1781. “Read the first time and passed.”

The 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 this State and the Commonwealth of Virginia, was read the third time, passed, and ordered to be Engrossed.

Ordered that the following Message be sent the Senate:

Mr. Speaker and Gentlemen:

This House have appointed Mr. Blount, Mr. Starkey, Genl. Harrington, Mr. J. Hawkins and Mr. Jas. Williams a Committee on

-------------------- page 744 --------------------
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 this State in the room of Major General Caswell.

Received from the Senate a Bill for vesting certain Lands therein mentioned in Evan Shelby, his heirs and assigns in fee simple. Endorsed, “In the Senate 2 Feby., 1781, read the second time and passed.”

A Committee of two persons from each District within this State were appointed to ascertain the number of men to be raised in each of the respective Counties in this State and report the same to the House.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

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

Mr. Speaker and Gentlemen:

We send for your Concurrence a Resolve in favor of Lieut. Colo. Montflorence.

At the same time received the Resolves of the Senate referred to in the above Messages, and the same being read were rejected.

Mr. Lock, from the Committee appointed to ascertain the number of men to be raised in each of the respective Counties in this State, &c., reported as follows:

Your Committee are of opinion that from the great uncertainty of the respective Counties and District returns, they cannot proceed to apportion the quota of each County, but recommend that one man out of every thirteen be called out on this occasion.

MAT. LOCK, Charm.

General Harrington moved for leave to withdraw and amend the Bill for raising men to complete the Continental Battalions belonging to this State.

Ordered that he have leave accordingly.

Mr. Blount moved for leave and presented a Bill for appointing district Auditors for the settlement of Public Claims, which was read the first time, passed and sent to the Senate.

-------------------- page 745 --------------------

The Bill to establish a Board of War which shall be a Council Extraordinary to advise the Governor in all cases whatsoever, was read the first time, passed and sent to the Senate.

The House adjourned till to-morrow morning ¾ after 9 o'clock.


Saturday 3 February, 1781.

The House met according to adjournment.

Read the Petition of Joseph Taylor, Esquire, praying to be permitted to resign the Office of Clerk of the Superior Court of the District of Hillsborough; Whereupon Resolved, That the said Joseph Taylor, Esquire, Clerk to the Superior Court for the District of Hillsborough, be permitted to resign his Commission of Clerk, to His Excellency the Governor, who will apprise the Judge thereof, and that His Excellency be furnished with a copy of this Resolution.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

We herewith send you the Petition of Joseph Taylor, Esquire, Clerk of the Superior Court of the District of Hillsborough, and a Resolve of this House in consequence thereof, for your concurrence.

Whereas, the contending parties have agreed to the following terms, whereupon, Resolved, that the Assembly of this State will at their Session, which shall be held after the first day of November next, hear and determine the several Claims of Patentees and Settlers under the State of Virginia to certain Lands on Ready or West Creek, which were supposed to be in the State of Virginia before the extension of the boundary line, and also all other claims standing in the like prediciment; and if the Assembly should be setting on the said first day of November, and should thereafter continue their sessions long enough to hear the said claims, that they shall be determined in like manner as if the Session had begun after the said first day of November.

Resolved also, that the above resolution shall be considered as proper notice to all parties concerned, to attend with Proofs and Exhibits to support and defend their respective Titles.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send for your Concurrence a Resolve of this House

-------------------- page 746 --------------------
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.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

This House cannot agree with the Message of yours for 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 Major General Caswell, and of the singular services by him rendered the State.

Ordered that the following Message be sent to the Senate:

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 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.

Received from the Senate a Bill for establishing the salaries of the judges of the Superior Courts of Law, and of the Attorney General.

A Bill for appointing District Auditors for the settlement of Public Claims. Endorsed, “In Senate 3 February, 1781, read the first time and passed.” Also a Bill to establish a Board of War, which shall be a Council Extraordinary to advise the Governor in all cases whatsoever. Endorsed, “In Senate 3 Feby., 1781, read the second time, amended and passed.”

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send you the Report of the Joint Committee appointed to

-------------------- page 747 --------------------
take under consideration Sundry Letters, Resolves of Congress, Petitions, and other Public Papers, concurred with by this House.

At the same time received the Report referred to in the above Message and the same being read was ordered to lie on the table until To-morrow.

Received from the Senate a Bill for encouraging the importation of Arms, Ammunition and other war like Stores, Endorsed, “In Senate 3 Eeby., 1781, read the second time and passed.”

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send for your Concurrence a Resolve in favor of James Biggleston of Craven County.

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

Received from the Senate the following Message:

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.

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

Received from the Senate the following Message:

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 September last, respecting Major General Caswell, and have on their part appointed Mr. Coor, Mr. Battle, Colonel Williams and Mr. Davis, who will act with the Gentlemen by you appointed for that purpose.

General Harrington, who had leave to withdraw and amend the Bill for raising men to complete the Continental Battalions belonging to this State, brought in the same amended. Ordered that the said Bill be read the second time. The same was read the second time, amended, passed and sent to the Senate.

Resolved, that George Wynns be appointed Colonel in the room of George Little, Esqr., resigned; William Wynns, Lieutenant Colonel; John Baker, First Major; and Samuel Harrell, Second Major, of the Hertford Regiment of Militia, that His Excellency the Governor, commission them accordingly.

-------------------- page 748 --------------------

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

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

Mr. Jas. Williams moved for leave and presented a Bill to continue an Act entitled “an Act to amend 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, and for other purposes, which was read the first time, passed and sent to the Senate.”

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

The Bill for vesting certain Lands therein mentioned in Evan Shelby, his heirs and assigns in fee simple, was read the second time and rejected.

Mr. Smith moved for leave and presented an additional Bill to an Act entitled “an Act concerning Servants and Slaves” which was read the first time, passed and sent to the Senate.

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

Whereas, it is represented by Colonel Cleveland, of Wilkes county, that he has now in his possession, one hundred and fifty three stands of arms, taken from Major Ferguson's party at King's Mountain, fifty three of which stand, Colonel Cleveland considers as his own property by purchase from the captors, the remaining hundred being ready to be applied to the public use, on the said Captors receiving a satisfaction for the same, and whereas it is probable that there are other Arms in different parts of the State similarly circumstanced, therefore Resolved, that Charles Jordan, John Brown and Joseph Herndon, of Wilkes county, and Samuel Freeman, Frederick Miller and Samuel Cummins, of Surry

-------------------- page 749 --------------------
county, be appointed to receive such Arms from all persons having them in their possession to value and give certificates of the receipt and of the amount of the valuation thereof, which certificates shall entitle the bearers to receive the amount of such valuation from any of the Treasurers of this State, and shall bear an interest of six per cent, until discharged by the payment of the valuation by the public, which when paid, shall be divided amongst the Captors rightfully claiming a share of such Arms.

Resolved, also that the said Commissioners shall cause all Arms which they shall receive in consequence thereof, to be branded upon the breech with the initials of the words North Carolina, and shall transmit an account to the General Assembly at the next session which shall be held after they are so received, together with the amount of the valuation thereof.

Resolved, further, that the Arms received by the Commissioners of the said counties, shall be reserved for the use of the regulars to be raised in them, the remainder to be sent to Salisbury and lodged with the Commanding Officer of the District.

Ordered the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

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

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve impowering William Tisdale and Andrew Blanchard, Esqrs., to take the examination of

-------------------- page 750 --------------------
Anne Lovick, Bazell Smith, &c., respecting the estate of Thomas Lovick.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

The Resolve of your House impowering William Tisdale and Andrew Blanchard, Esqrs., to take the examination and deposition of certain persons, &c. Concurred with.

The House adjourned till to-morrow morning 10 o'clock.


Sunday, Feb. 4th, 1781.

The House met according to adjournment.

Received from the Senate a Bill to contain 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 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, and for other purposes.

An additional Bill to an Act intitled an Act concerning Servants and Slaves. Endorsed, “in Senate Feb. 3rd, 1781, read the first time, and passed.”

A Bill to reduce the six Continental Battalions belonging to this State to four, to complete the said four Battalions, and for other purposes therein mentioned.

A Bill for establishing the salaries of the Judges of the Superior Courts of law, and of the Attorney General, Endorsed, “In Senate Feb. 3rd, 1781, read the second time, amended and passed.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We herewith return the Resolve of your House appointing Field Officers for Hertfort county. Concurred with.

Mr. Speaker and Gentlemen:

The Resolve of your House declaring that the Assembly will at their next Session, which shall be held 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.

Mr. Speaker and Gentlemen:

The Resolve of your House permitting Joseph Taylor, Esq., to resign

-------------------- page 751 --------------------
his Commission as Clerk of the Superior Court for the District of Hillsborough, we return you herewith concurred with.

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

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve requiring His Excellency the Governor to order the removal of the public Stores therein mentioned.

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

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve impowering and requiring His Excellency the Governor, with the advice of the Council of State, to remove the public records and papers belonging to this State.

Ordered that the following Message be sent to the Senate:

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 this State, concurred with.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House discharging William Graham, of Lincoln County, from the Office of Colonel, and appointing Joseph Dixon in his stead.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Mr. Balfour moved for leave and presented a Bill to amend an Act entitled “an Act to prevent the impressment of Boats, Waggons,

-------------------- page 752 --------------------
Carts, and other carriages employed in carrying Salt, and for other purposes therein mentioned, which was read the first time, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

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

Received from the Senate 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 Senate 3rd February, 1781. “Read the second time, amended and passed.”

Received from the Senate 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 Senate 4th February, 1781. “Read the first time and passed.”

An additional Bill to an Act entitled “an Act concerning Servants and Slaves,” was read the second time, amended, passed and sent to the Senate.

The Bill for encouraging the importation of Arms, Ammunition, and other war-like Stores, was read the second time, amended, passed and sent to the Senate.

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

Received from the Senate a Bill for encouraging the importation of Arms, Ammunition, and other war-like Stores. Endorsed in the Senate 4th February, 1781. “Read the third time and passed.”

-------------------- page 753 --------------------

A Bill to continue an Act entitled “an Act to amend 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, and for other purposes.”

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

Mr. Macon, from the Committee to whom was referred the Petition of Kedar Harold, reported as follows:

Your Committee, after taking the said Petition under consideration, are of opinion that an Allowance of Ten Barrels of Corn be made the said Harold, and that the same be paid him by the Commissioners of Duplin County out of the Specific Tax.

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Whereas, It is represented to this General Assembly that in the year 1778 Edward Jones and Atkin McCemore were appointed Commissioners for selling the remnants of the public Gun Factory in Bute County, and for reasons unknown they have failed selling the same; therefore,

Resolved, That Nicholas Long, Esqr., Deputy Quartermaster General, be directed to apply to said Commissioners for all the remains of the said Factory, and apply them as to him shall seem best for the public use.

Ordered, that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve of this House 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, &c.

-------------------- page 754 --------------------

The House adjourned till To-morrow Morning ¾ after 9 O'clock.


Monday, 5th February, 1781.

The House met according to adjournment.

The Bill to amend an Act entitled “an Act to prevent the impressement of Boats, Waggons, Carts, and other carriages employed in carrying Salt, and for other purposes therein mentioned,” was read the second time, passed & sent to the Senate.

The Bill for encouraging the Importation of Arms, Ammunition, and other war-like Stores, was read the third time, passed & ordered to be Engrossed.

Received from the Senate 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 Senate 5th February, 1781. “Read the second time, amended & passed.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

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.

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

Received from the Senate the following Message:

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 & kept with the papers belonging to the General Assembly.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

-------------------- page 755 --------------------

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send for your perusal a Memorial 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.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House have appointed Mr. Person, Mr. Starkey, Mr. Lock, Mr. Harrington, and Mr. Blount as 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 Honbl. Whitmel Hill and Willie Jones, Esquires.

The Bill to regulate and establish a Militia in this State was read the second time, amended, passed & sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send you the Report of the 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 this State, unanimously concurred with by this House.

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

On the question, “Does the House concur with the Report of the Committee or not?” it was objected to and carried in the affirmative. The Yeas and Nays being called for, are as follows:

Yeas: Messrs. Montfort, Wilson, Whitaker, Bryan, Vaughan, Starkey, Hawkins, Harrington, Macon, Balfour, J. Williams, Mitchell, Freeman, Dixon, Humphries, Gillespie, McCawley, Patterson, Herndon, Caswell, Smith, Jacocks, Winslow, Scurlock, Jas. Williams, Lucas, Mouring, Porter, Averitt, Barrow, Shepperd, Blount, Allison, Gowdy, Griffin, Cummins, P. Hawkins, & Peebles—38.

Nays: Messrs. Lock, Wilson, Phifer, Barrier, Farrow, Gray, Person, Hunter, and Jordan—9.

-------------------- page 756 --------------------

Mr. Person, on behalf of himself and others, moved for leave to enter their reasons against concurring with the said Report.

Resolved, That he have leave at any time before the rising of the Assembly.

Ordered, that the following Message be sent to the Senate:

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 September last, respecting the appointment of Genl. Smallwood to the command of the Militia of this State, concurred with by this House.

The Bill to establish a Council extraordinary to advise with the Governor in all Cases whatsoever was read the second time, amended, passed & sent to the Senate.

The 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 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 for other purposes,’” was read the third time, amended, passed & sent to the Senate.

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

The Bill to enforce the attendance of the Members of the General Assembly was read the third time and rejected.

The Bill for appointing District Auditors for the settlement of public Claims was read the second time, amended, passed and sent to the Senate.

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

Tuesday, 6th February, 1781.

The House met according to adjournment.

Mr. Hooper, the Member for the Town of Wilmington, appeared and took his seat.

Ordered that the following Message be sent to the Senate:

-------------------- page 757 --------------------

Mr. Speaker and Gentlemen:

This House have appointed Mr. Hooper, Mr. Harrington, Mr. Smith, Mr. Starkey, Mr. Jas. 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.

Received from the Senate the Bill to Regulate and Establish a Militia in this State. Endorsed in Senate 5th Feby., 1771. “Read the second time, amended & passed.”

A Bill for appointing District Auditors for the settlement of public Claims. Endorsed in Senate 6th Feby., 1781. “Read the second time passed.”

A Bill to establish a Council extraordinary. Endorsed in Senate 5th Feby., 1781. “Read the third time, amended & passed.

Received from the Senate the following Message:

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 & Means to compel the Enemy to abandon this State, and to secure it effectually from the future invasions thereof.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send you herewith the Memorial of Matthew Brooks, Esquire, of Surry County, together with the papers therein mentioned.

At the same time, received the Memorial referred to in the above Message, and the same being read, was ordered to the Committee appointed to take under consideration the Petition of William Courtney.

Ordered, that the following Message be sent to the Senate:

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.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve relative to a number of Hogs impressed by Phillip Vass, of Granville County.

-------------------- page 758 --------------------

At the same time received the Resolve of the Senate referred to in the above Message, and the same being read, was rejected. Read the petition of Osborn Jeffries, Esq., praying relief.

Ordered that the same be referred to a Joint Committee.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send you the Petition of Osborne Jeffries, Esq., which we propose referring to a Joint Committee, and have on our part appointed Messrs. Farrow, Bryan, J. Hawkins, John Williams & Montfort, a Committee.

Resolved, that Philip Vass, Commissioner of Granville county, do retain for the use of the Army all the Hoggs now in his possession by order of the Board of War, and claimed by Mr. Taylor and others, giving the owners certificates for the same agreeable to law; and that the said Vass be directed to have the said Hoggs and all the other live stock he can procure, drove immediately to the Army.

Resolved, further, that the Commissioners of the respective counties in the Districts of Hillsborough and Halifax, be also directed to forward all such live stock as they may have on hand belonging to the public to the Southern Army without delay.

Ordered, that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House, respecting the Hoggs in the hands of the Commissioner of Granville county, and directing the Commissioners of the respective counties in the Districts of Hillsborough & 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.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

At the same time received the Resolves of Congress, letters, &c., and the same being read, were ordered to be forwarded on to His Excellency, the Governor.

-------------------- page 759 --------------------

Read the Petition of John Wilson, of Rowan county, praying relief. Ordered that the same lie on the table for consideration.

The General Assembly being informed that a suit has been instituted in the County Court of Bladen, by original attachment wherein Henry William Harrington is plaintiff, and John Leggit, defendant on, sundry negroes and other attached estate, lately claimed and in the possession of the said John Leggit, who having gone over to the Enemy and taken Arms against the United States, and the said John Legget having committed sundry torts and injuries on the property and possessions of the said Henry William Harrington, it is but reasonable and just, that the estate of the said John Legget should be subject and liable to make him satisfaction for the same, Therefore, Resolved, that the justices of the County Court of Bladen, be authorized, empowered and required to proceed in the said suit in the same manner as in other cases of original attachment the Act commonly called the Confiscation Act to the contrary, notwithstanding.

Ordered, that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve of this House impowering 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 Legget in the manner therein mentioned.

The House adjourned till to-morrow morning ¾ after 9 o'clock.


Wednesday, Feb. 7th, 1781.

The House met according to adjournment.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

We agree that the Petition of Matthew Brooks be referred to the Committee appointed to consider the Petition of William Courtney, Esqr.

Mr. Speaker and Gentlemen:

The Senate agree to adopt the Resolve of the Commons relative to the Hoggs in the hands of the Commissioner of Grenville county, &c., instead of the one by them proposed on that head. At the same time received the Resolve of this House referred to in the above Message concurred with.

-------------------- page 760 --------------------

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

Ordered the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

Ordered that the following Message be sent to the Senate:

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 from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

At the same time received the Resolve of the Senate referred to in the above Message & the same being read was rejected.

The Bill to reduce the Six Continental Battalions belonging to this State to four, to complete the said four Battalions and for other purposes therein mentioned, was read the third time, amended, passed & sent to the Senate.

On the question, shall the Bill pass or not pass, it was objected to and carried in the affirmative.

-------------------- page 761 --------------------

Mr. Person then moved for leave on behalf of himself and others to enter their protest against the passage of the said Bill.

Ordered that he have leave.

Mr. Nathaniel Jones, one of the members for Wake county, and Mr. Lockhart, one of the members for Johnston county, appeared & took their Seats.

Mr. Boyd has leave to absent himself from the service of this House during the remaining part of the Session, and Mr. Person after Thursday night.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send for Concurrence a Resolve directing Brigadier General Allen Jones to order on the Drafts from the District of Halifax to draft others, &c.

At the same time received the Resolve of the Senate referred to in the above Message, & the same being read was rejected.

The House adjourned till To-morrow Morning ¾ after 9 o'clock.


Thursday 8 February, 1781.

The House met according to adjournment.

Resolved, that Brigadier General Jones be and he is hereby requested to order the late Drafts in the District of Halifax to join General Gregory in the District of Edenton, if necessary. And that he order a Detachment of three hundred Light Horse, exclusive of such Drafts, to the aid of the District of Wilmington, who shall find themselves with a Horse and Gun, and serve two months. Every person so equipping himself and serving the term aforesaid, shall be considered as having served a full term of Military Duty, provided they join Genl. Caswell, or rendezvous at such place as he shall appoint, on or before the 20th Instant. The said Light Horse to be commanded by James Reed, who is to bear the rank of, and be entitled to the pay of, a Major Commandant. The Captains and Subalterns to be appointed by General Jones.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send for your Concurrence a Resolve of this House requesting General Jones to order the late Drafts of Halifax District to march to the assistance of General Gregory; also requesting him

-------------------- page 762 --------------------
to detach three hundred Militia Light Horse, under command of Major Reed, to the aid of Wilmington.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send for your Concurrence a Resolve for the direction of the Tax Gatherers of such Counties in this State as have no Treasurer.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return the Resolve of your House for the direction of the Tax Gatherers of such Counties in this State as have no Treasurer, concurred with.

Mr. Starkey, from the Committee appointed to ascertain adequate & proper allowances to be made by the General Assembly, for articles furnished the public, Reported that it is their opinion the prices following are adequate and proper to be allowed, that is to say

For every pound of Fresh Beef, one pound and twelve Shillings.
Three year old Steers and Barren or Dry Cows, each, four hundred & forty pounds.
Four year old Steers, five hundred & Sixty pounds.
Five year old Steers, Six hundred & forty pounds.
Six year old Steers & upwards, Seven hundred & Twenty pounds.
Salt beef per Barrel, Eight hundred pounds.
Fresh Pork per pound, two pounds and Eight Shillings.
Salt Pork per Barrel, one Thousand pounds.
Mutton, each good Sheep, one hundred pounds.
Wheat, per Bushel, forty-five pounds.
Flour, per hundred weight, one hundred and thirty-five pounds.
Oats per Bushel, Twenty-four pounds.
Oats in the Sheaf, each Sheaf, two pounds.
Rye, per bushel, forty pounds.
Hay and Corn Blades, pr. Ct., each thirty pounds.
Bran, per Bushel, Six pounds and Eight Shillings.
Brandy, per Gallon, Eighty pounds.
Whiskey, per Gallon, Sixty pounds.
Cyder, per Barrel, one hundred pounds.
Brown Sugar, per pound, Sixteen pounds.
Molasses, per Gallon, fifty pounds.
-------------------- page 763 --------------------
For Butter & Cheese, per pound, Six pounds.
Bacon per pound, Six pounds.
Dried Beef, per pound, four pounds.
Hire of a Single Horse, per day, Ten pounds.
A Waggon without Team, per day Ten pounds.
Ditto with the Gear, Twelve pounds and Ten Shillings.
A Cart without a Team, per day, five pounds.
Clean Rice, per hundred weight, one hundred & fifty pounds.
Rough Rice, per Bushel, Thirty pounds.
Shoeing Horses, each shoe, fourteen pounds.
Pasturage, each Horse twenty-four hours, two pounds.
Feeding a Horse, each feed, two pounds.
Pot Iron, per pound, Eight pounds.
Bar Iron, per pound, Eight pounds.
Dieting a Soldier, each Diet, four pounds.
In the Counties of Rowan, Mecklenburg, Lincoln, Rutherford, Burke, Anson, Montgomery and Richmond.
For Corn, per Bushel, forty pounds.
Rum, per Gallon, one hundred & Twenty pounds.
Salt, per Bushel, Six hundred & forty pounds.
In the Districts of Hillsboro and Halifax:
For Salt, per Bushel, five hundred pounds.
In every other part of the State:
For Salt, per Bushel, four hundred pounds.
Corn, per Bushel, thirty pounds.
Rum, per Gallon, one hundred pounds.

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

R. CASWELL, Chairman.

The House taking the said Report into Consideration concurred therewith.

Ordered, that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for your Concurrence the Report of the joint Committee appointed to ascertain adequate and proper allowances to be made

-------------------- page 764 --------------------
by the General Assembly, for articles furnished the public, Concurred with by this House.

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

An additional Bill to an Act entitled, an Act concerning Servants and Slaves, was read the third time, amended, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send for your Concurrence a Resolve of this House in favor of the Honbl. Samuel Ashe, Esquire.

The same being read was rejected.

Resolved, That this House entertain a very respectful opinion of the Military abilities of Colonel Malmedy, and of his attachment to the common cause of America, and with pleasure bear Testimony to His exertions in favor of it since his arrival in America.

That the particular situation of the affairs in this part of the Country, and the Circumstances under which the Corps of Light Horse is to be raised in the District of Halifax, have made it impracticable to appoint Colonel Malmedy to that Command. But that the Commanding Officer having it in his power to call regular Officers into the field and incorporate them with the Militia, in a Manner to give satisfaction to both.

This House recommend Colo. Malmedy to his particular attention to be appointed to some office suitable to his rank and adequate to his Military merit, regarding the line of duty in which it may be most agreeable to him to serve, and to assure him that this Country feel most sensibly for the very great & seasonable assistance rendered the United States by the Magnanimous Sovereign of France and his Subjects.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

-------------------- page 765 --------------------

Ordered that the Bill to regulate and establish a militia in this State, be read the third time To-morrow morning.

The Bill for establishing the Salaries of the judges of the Superior Courts of Law and of the Attorney General, was read the second time, amended, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

Received a Letter from Colo. James Kenan, and the same being read was ordered to be inclosed in a Letter from the Speaker to Major General Caswell, that he may relieve the distresses complained of by Col. Kenan.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

The Commons propose inclosing the letter this Day received from Col. Kenan to Major General Caswell by express. If the Senate accede to this proposal they will accede to the same by their Speakers signing the letter herewith sent, directed to Major General Caswell.

General Harrington presented an account of his expenditures while in the service of this State. Resolved, that the same be referred to the joint Committee, appointed to take under Consideration the Memorial of the Honbl. Whitmell Hill and Willie Jones, Esquires.

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


Friday 9 February, 1781.

The House met according to adjournment.

Received from the Senate a Bill for establishing the Salaries of the Judges of the Superior Courts of Law and of the Attorney General, Endorsed, “In Senate 8 Feby., 1781, read the third time and passed.”

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

We herewith return you the Report of the Committee appointed

-------------------- page 766 --------------------
to ascertain adequate and proper allowances to be made by the General Assembly for Articles furnished the Public, concurred with.

Mr. Speaker and Gentlemen:

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

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

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

This House have received the Message of yours together with your proposed letter to the Hon. Major General Caswell, and wish to adopt the one herewith sent you in lieu thereof, yours not being in the usual style.

At the same time received the letter referred to in the above message, and the same being read was agreed to.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

The same was read and rejected.

Resolved, that the Sheriff of Warren county be and he is hereby directed to suspend all proceedings on an action depending between the Executors of William Person, deceased, and Laurance Lancaster, concerning a tract of land lying in the said county until the rising of the present Assembly.

Thomas Person, Esquire, in whose possession are all the evidences and vouchers respecting the title of said land being necessarily obliged to attend on the service of the General Assembly.

Ordered that the following message be sent to the Senate:

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 Laurance Lancaster respecting a tract of land in said county until the rising of the Assembly.

-------------------- page 767 --------------------

Resolved, that the Commissioners of Trade be directed to furnish Nicholas Long, Esq., Deputy Quarter Master General with seventeen thousand one hundred weight of tobacco to discharge a debt contracted on account of the public by the said Nicholas Long, Esq., in purchasing pork & Rum from Messrs. Stone, Hardy and Hinton.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Ordered, that the following Message be sent to the Senate:

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.

Resolved, that the same allowance be made and no more by the Board of Auditors in the counties of Wilkes, Washington, Sullivan, Guilford and Surry, for the article of salt, heretofore furnished the public by the inhabitants of those counties, as are to be made for the same articles furnished by the inhabitants of the other counties of Salisbury District.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve of this House, permitting the Board of Auditors to make the same allowances for 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 to the Senate:

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

-------------------- page 768 --------------------
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 the inhabitants of this State at present.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

Mr. McLaine and Mr. Davis will act jointly with the Gentlemen by you appointed to prepare a Letter to be Sent to Congress informing them of the particular situation of this State at present.

Mr. Speaker and Gentlemen:

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

Ordered, that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith return the Resolve of your House directing Brigadier General Butler to call out any part, or the whole, of the Hillsborough District if necessary, concurred with by this House.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

Mr. McKenzie and Mr. Davis will act with the Gentlemen by you appointed to devise ways and means to carry into Execution a Resolve entered into at Hillsborough in favor of Capt. Barrity.

Mr. Speaker and Gentlemen:

We 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.

Resolved, That James Davis, Esqr., be requested to continue in the business of public printer to this State, under the strongest assurances that the General Assembly will in future make him an adequate Compensation, and for the present that His Excellency the Governor be requested to grant a warrant on the Treasury for the sum of Twenty Thousand pounds, to enable him to prosecute the said Business.

Ordered that the following Message be sent to the Senate:

-------------------- page 769 --------------------

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House requesting James Davis, Esquire, to continue in the business of public printer; also requesting His Excellency the Governor to grant a warrant in his favor on the Treasury for a certain sum therein mentioned, to enable him to carry on such business.

Received from the Senate a Bill 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 Senate 9th Feby., 1781. “Read the third time, amended & passed.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

The Resolve of your House requesting James Davis, Esqr., 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.

Mr. Speaker and Gentlemen:

We return the Resolve of your House permitting the Board of Auditors to make the same allowances for the article of Salt furnished the Public by the Inhabitants of the Counties herein mentioned as are to be made the Inhabitants of the other Counties of Salisbury District for that article, concurred with.

Resolved, That Joseph Lane, of Wake County, have leave to resign the office of a Justice of the peace for said County.

Resolved, That the Clerk make out the Estimate of allowances to the members, to include Sunday, at four hundred Dollars per Day.

Ordered, that the following Message be sent the Senate:

Mr. Speaker and Gentlemen:

This House have directed their Clerk to make out the Estimate, to include Sunday.

Resolved, That Brigadier General Butler be and he is hereby empowered, in case that General Greene should call on him for

-------------------- page 770 --------------------
assistance, to order out any number not exceeding one-half of the Militia of his District (including) Six Hundred Light Horse; and,

Resolved, further, that a Copy of this resolution be enclosed to General Greene in a Letter from the Speakers of the General Assembly.

Ordered, that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House propose rescinding the Resolve which passed both Houses this Day empowering General Butler to call out a part (if necessary the whole) of the Hillsboro Militia, and substitute the one herewith sent in lieu thereof.

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


Saturday, 10th February, 1781.

The House met according to adjournment.

Mr. Vaughan has leave of absence for the remaining part of this Session.

The Bill for appointing District Auditors for the settlement of public Claims was read the third time, amended, passed and sent to the Senate

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve suspending Thomas Taylor, of Orange County, from the execution of his office of Lieutenant Colonel of said County, &c.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return the Resolve of your House for suspending Thomas Taylor from the office of Lieutenant Colonel of Orange County, concurred with.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return the Resolve of your House in favor of George Harper, of Franklin County, concurred with.

-------------------- page 771 --------------------

Resolved, that Col. Long, the Quarter Master General, in case it shall be found necessary to remove the public stores from Hillsboro' or any other Magazines, &c., be impowered to impress wagons and teams, or other carriages, for effecting it in case they cannot be hired or otherwise obtained by the consent of the proprietors.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve countermanding the orders given Brigadier General Jones relative to the late drafts of Halifax District, &c.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith return the Resolve of your House countermanding the orders given General Jones relative to the late drafts of Halifax District, &c. Concurred with.

Resolved, that the Speakers of the General Assembly be requested to transmit General Greene's Letters to the Governor of Virginia, and setting forth the necessity of an immediate aid from that State.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House, requesting the Speakers to inclose General Green's letters to the Governor of Virginia, &c.

Resolved, that General Butler be ordered to raise a number of Volunteer Light Horse in the District of Hillsboro, not exceeding six hundred, and detach three hundred of the same under the command of Colonel Malmedy, and three hundred under the command of James Williams, Esq., to the aid of the District of Salisbury, that he promise all persons who will enlist voluntarily into the said Light Horse Corps, furnish themselves with a horse and gun fit for service and appear at Hillsborough or or before the 20th instant, and continue

-------------------- page 772 --------------------
in service for the space of two months from the day of their appearance at Hillsborough, or such other place of rendezvous as may be appointed that they shall be considered to all purposes whatever to have performed a tour of Militia duty, and it is Resolved that all persons who shall turn out and comply with the requests of this Resolve, shall be entitled to all the emoluments that the Light Horse raised under a Resolve similar to this entered into at the last Session at Hillsborough, were entitled to.

Resolved, also, that Pleasant Henderson be appointed Major to the Corps to be commanded by Colonel Williams that the Captains and Subalterns of the companies which shall belong to each of the Corps, be elected by the said companies.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve of this House ordering General Butler to raise a number of Light Horse.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

As the Resolve concurred with by your House directing General Butler to call out the Militia of Hillsboro 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.

Mr. Speaker and Gentlemen:

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

Resolved, that as the resignation of Brigadier General Caswell has not been officially signified to this House, and as he at this time, from a desire of rendering further services to his country, is desirous of being reinstated, that he be reinstated in his command as Brigadier General of the Militia, of the District of New Bern.

Ordered that the following Message be sent to the Senate:

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 New Bern.

-------------------- page 773 --------------------

Resolved, that Col. Long be requested to furnish the three Regiments of Horse with as many swords as can be finished in due time, as also caps for the officers, and send them on to the place and time of district rendezvous.

Ordered that the following Messages be sent to the Senate:

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.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

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.

Ordered, that the following Messages be sent to the Senate.

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.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Resolve of your House requesting the Speakers of the General Assembly to enclose General Greene's Letters to the Governor of Virginia, &c., we return you, concurred with.

Mr. Speaker and Gentlemen:

We return the Resolve of your House impowering Col. Long to impress Waggons, &c., if necessary, concurred with.

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

Mr. Averitt has leave to absent himself from the services of this House for the remaining part of the Session.

Resolved, That the following address be sent by both Speakers of the General Assembly to Major General Smallwood:

The General Assembly 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

-------------------- page 774 --------------------
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, & with the rest of the United States, wish to bear their Testimony to such distinguished merit.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We return the Resolve of your House reinstating Brigadier General Caswell in his command as Brigadier General of the District of New Bern, concurred with.

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

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve directing General Butler to raise and detach a number of the Militia of Hillsboro District, &c., which this House wish to be adopted instead of the one by you entered into for that purpose.

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

The Bill to establish a Council extraordinary was read the third ime, passed and ordered to be Engrossed.

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


Sunday, 11th February, 1781.

The House met according to adjournment.

-------------------- page 775 --------------------

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

We return the Resolve of your House directing Col. Long to furnish three Regiments of Horse with Caps and Swords, concurred with.

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.

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

Mr. Starkey, from the Committee to carry into effect a Resolve entered into at Hillsborough in favor of Capt. Barrity, reported as follows:

That a considerable quantity of Tobacco appears to be due the said Barrity, but they cannot ascertain the amount thereof with any degree of precision, your Committee not being able to procure the necessary Papers, neither from the Commissioners of Trade nor from the late Commercial Agent.

Your Committee beg leave further to report as their opinion that the most equitable mode of settling and adjusting the accounts of said Barrity against this State for cannon delivered by him, and for the damage he has sustained by the Tobacco's being withheld, will be to appoint two Merchants residing at Edenton, one of them to be chosen by the General Assembly and the other by the said Barrity. That the Board of Trade be directed, as soon as may be, to pay whatever they shall determine he is justly entitled to, and in order to enable them fully to investigate the matter, they be empowered to call on all persons who have heretofore delivered Tobacco to the said Barrity on the above account for such information as they think necessary for effecting the aforesaid purpose.

The House, taking the said Report into consideration, appointed Mr. Robert Smith; Capt. Barrity being present, appointed Mr. John Fine; and, resolved, that the Honbl. Whitmel Hill, Esquire, be appointed as a third person to carry into effect the purposes hereby intended.

Ordered that the following Message be sent to the Senate.

-------------------- page 776 --------------------

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 Capt. Barrity, and a Resolve of this House in consequence thereof.

Resolved, That Major General Caswell be empowered to raise from the Districts of New Bern and Wilmington a Regiment of Light Horse, which is not to exceed two hundred & fifty men, and that he appoint a Lieutenant Colonel Commandant, one Major, five Captains, and such Subalterns as he shall think necessary for the due regulation of the Corps; that such as shall find their own Horses and suitably equip themselves shall, upon a service of two months after having joined the General rendezvous in the District of Wilmington, or wherever else the Commanding Officer shall order it the more effectually to annoy the enemy, be considered as having performed a complete Tour of Militia duty, and be exempted accordingly.

Resolved, That General Butler raise on or before the Twentyfifth day of this month a Regiment of Light Horse, to consist of three hundred men at least, and as many more as can possibly be raised not exceeding Six hundred; that the Regiment be under the command of a Colonel Commandant and two Majors; that Colonel Malmedy be appointed to the office of Colonel Commandant; that James Williams, Esqr., be appointed first Major, and Pleasant Henderson second Major to the said Regiment. And, to facilitate the raising the Light Horse,

Resolved, That General Butler be authorized to promise all persons who will voluntarily enlist in the said Regiment, furnish themselves with a Gun and Horse fit for service, appear at Hillsborough on or before the twenty-fifth instant, and continue in service for the space of two months from the Day of their arrival at headquarters, or such other place of Rendezvous as may be appointed by the Commanding officer in the district of Salisbury, that they shall be considered to all intents whatever to have performed a complete Tour of Militia Duty, and it is Resolved that all persons who shall enter into the said Regiment and comply with the request hereof shall be entitled to all the emoluments that the Light Horse raised under a

-------------------- page 777 --------------------
Resolve similar to this entered into at the last Session at Hillsborough were entitled to.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve of this House empowering Major General Caswell to raise a Regiment of Light Horse from the Districts of Wilmington and New Bern, &c.; also a Resolve directing General Butler to raise a Regiment of volunteer Light Horse in the District of Hillsborough.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We return the Resolve of your House impowering Major General Caswell to raise a Regiment of Light Horse from the Districts of New Bern and Wilmington, and directing General Butler to raise a Regiment of Light Horse in the District of Hillsborough. Concurred with.

Received from the Senate a Bill to declare what Titles to Lands heretofore token up & supposed to be in the Commonwealth of Virginia, and which on the extension of the Boundary 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. Endorsed, “in Senate Feb. 11th, 1781, read the first time, and passed.”

Resolved, that the Bill to regulate and establish a Militia in this State be read to-morrow for the third time.

The Bill to continue the Executive powers of Government in the present Governor after the fifteenth day of April next on the contingency therein mentioned and other purposes, was read the third time, amended, passed, and sent to the Senate.

Mr. Blount, from the Committee to whom was referred the Memorial of the North Carolina officers, Reported as follows:

-------------------- page 778 --------------------

That it is the opinion of your Committee that the Officers and Soldiers by the Depreciation of the Currency from time to time since the establishing of their pay by Resolution of Congress before the first of January, 1777, have laboured under a great grievance, so great that unless immediate relief is given that they cannot with any degree of credit, either to themselves or country, take the field, and that for remedy thereof, it is the opinion of your Committee, as it is strictly consistent with justice, that the depreciation shall be made good to them from January 1st, 1777, as above, to the August 1st, 1780, from whence Congress have made provision for them, that is to say, that their pay as then established to be considered as it really was equal to specie, and all payments made since to be considered as partial, and to be reduced to specie by a calculation of depreciation made by Congress to the first of March, 1780, on loan office certificates and payments made from that time to the first of August. Depreciation to the sixty, the balance that may be due equal to specie to be paid in State Currency at Depreciation eighty for one. That the paymaster General of this State be directed immediately to settle and pay pay off to each officer respectively the balance that may be due, that the Governor give warrants on the different Treasurers for sums sufficient to enable him to so do; in case there should not be money in the treasury for the purpose that on settlement of any and every officer the paymaster shall issue indented Certificates setting forth the sum due requesting the Sheriffs, Treasurers and Taxgathers to take them up and they shall be sufficient vouchers in the settlement of their public accounts, and the paymaster issuing Certificates other than to officers for their respective allowances or any person counterfeiting the same to be subject to the same pains and penalties as if they had been guilty of counterfeiting the currency of the State, and that the paymaster as soon as may be, shall settle his accounts for all accounts thus or other ways paid at the Auditor General's office, to whom he shall deliver the Counterpart of all Certificates issued as aforesaid.

That it also appears to your Committee that the Cloathing and other supplies, viz: Rum, sugar, coffee, &c., ordered from time to time by resolutions of this Honorable body have not been supplied agreeable to those Resolutions very justly directing them.

That it is the opinion of your Committee as they see no remedy

-------------------- page 779 --------------------
more in their power that the Board of Trade be directed to procure as soon as possible the cloathing and other supplies ordered, and deliver the cloathing to the Clothier General of this State, and lest this course should not be sufficient to supply the necessary cloathing, that the Governor be required to issue warrants in favor of the Clothier General that he may also procure as much cloathing as possible, and that the said Clothier General shall as soon as may be in his power, fulfill the several resolutions that respect his department, and that he as soon as possible lay a state of his accounts before the Auditors General, showing the state of his accounts between himself and the State, also the state of each officer's accounts showing the cloathing furnished and the cloathing due, and that the said Board of Trade be directed to deliver to a person to be appointed, the other supplies, vis: Rum, sugar, coffee, &c., that may appear due to each officer, and that the person who may be appointed to this duty be directed to lay a state of his accounts before the Auditor General in the same manner as directed for the Cloathier General. And that this be considered to extend to all, to officers and soldiers who have been in the service of the State of North Carolina from the first day of January, 1777, or from their several appointments or enlistments to the first of January, 1781, being the day on which the six regiments were reduced to four.

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

Mr. Person moved for leave to protest in behalf of himself and others against the said report. Ordered that he have leave.

Ordered the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for your Concurrence the Report of the joint Committee appointed to take under consideration the Memorial of the North Carolina Officers, concurred with by this House.

The House adjourned till to-morrow morning ¾ after 9 o'clock.


Monday 12 February, 1781.

The House met according to adjournment.

Resolved, That the Honbl. Thomas Benbury, Esquire, be allowed the sum of six hundred pounds for that sum advanced an express going to the lower Counties, requesting the Members to attend their

-------------------- page 780 --------------------
present Session of Assembly. That the Treasurers, or either of them, pay him the same and be allowed.

Ordered, that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for your Concurrence a Resolve of this House allowing the Honbl. Thomas Benbury, Esquire, Six hundred pounds, &c.

The Bill to declare what 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 this State are and shall be valid; and for vesting in John Hay, his heirs and assigns, certain Lands therein mentioned, was read the first time and rejected.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We send for your 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 the Resolve referred to in the above Message & the same being read was rejected.

The Bill for establishing the Salaries of the Judges of the Superior Courts of Law and of the Attorney General, and for other purposes, was read the third time & was rejected.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

Resolved, That Major Thomas Harris, who was wounded in the defeat of General Gates, near Camden, and by that means rendered incapable of procuring a subsistance, be allowed the sum of five thousand pounds. That the Treasurers, or either of them, be directed to pay him the same and be allowed in the settlement of their Accts. with the public.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

We herewith send for your Concurrence a Resolve of this House

-------------------- page 781 --------------------
in favor of Major Harris; also the Memorial of the said Harris, by which this House have been induced to enter into the said Resolve.

Resolved. that Col. Long be requested immediately to dispatch an Express to General Greene to obtain the most authentic intelligence of the movements of Lord Cornwallis and the situation of our Army, that so soon as he shall obtain such information return to Halifax, and in case that the Assembly shall not be sitting at his return immediately go on to His Excellency the Governor, with such dispatches as he may receive.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

Received from the Senate the Bill for appointing a Commissary General in this State, for directing and regulating the Business and Duty of his Department, and for other purposes, Endorsed, In Senate 12 Feby., 1781, read the first time & passed.

The Bill to regulate and establish a Militia in this State, was read the third time, amended, passed & sent to the Senate.

The Bill for appointing a Commissary General in this State, for directing and regulating the Business and Duty of this Department, and for other purposes, was read the first time passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send for your Concurrence a Resolve requiring General Jones to call out such further aid of the Militia of Halifax District as he may judge necessary.

Ordered that the following Message be sent to the Senate:

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.

-------------------- page 782 --------------------

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send for Concurrence a conditional Resolve for the raising a Corps of Light Horse in the County of Cumberland, &c.

Ordered that the following Message be sent to the Senate:

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.

The House adjourned till Tomorrow Morning ¾ after 9 o'clock.


Tuesday 13 February, 1781.

The House met according to adjournment.

Mr. Hooper moved for leave and presented a Bill to increase the powers of the Quarter Master General, and other purposes, which was read the first time, passed and sent to the Senate.

Resolved, That the Reverend Charles Cupples be allowed the sum of Twenty Thousand Dollars for his services as Chaplain to this Assembly, that the Treasurers of this State, or any of them, pay him the same and be allowed in the settlement of their Public Accounts.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Resolved, That Brigadier General Jones be requested to embody all the Militia of Halifax District that can be armed immediately, and march them to such place as he may deem most proper and where they can be most effectually serviceable in the defence of this State.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for your Concurrence a Resolve requesting General Jones to embody a number of the Militia of Halifax District.

Whereas, there are a number of indented Certificates issued by Mr. James Greene, Treasurer of Loans, for April and May money deposited in his office now amongst the public papers of this State in the hands of the Auditors, which are nearly equal to Continental money;

-------------------- page 783 --------------------

Resolved, That the said Certificates be delivered by the Auditors to the Board of Trade the Better to enable them to supply our Delegates in Congress.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for your Concurrence a Resolve of this House respecting the indented Certificates therein mentioned.

Received from the Senate the following Message:

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, but we propose that the estimate be made out to include Tuesday next, and have directed our Clerk to make it out accordingly.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send for your approbation an address, proposed by this House to be presented the Officers who distinguished themselves at the Capture of the British at King's Mountain.

Ordered that the following Message be sent to the Senate:

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 approve of.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House propose balloting at ½ after 3 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. We nominate for Councilors Major General Caswell, Allen Jones, Alex. Martin, O. Davis, Archibald McLaine, Cornelius Harnett, John Penn, and John Kinchin, Esquires. For an Auditor, John Taylor, Esquire. For the place of holding the Assembly, New Bern, Nutbush, & Halifax. If you accede to this proposal you will signify the same by Message.

Ordered that the following Message be sent to the Senate.

-------------------- page 784 --------------------

Mr. Speaker and Gentlemen:

This House propose that an Express be immediately dispatched to his Excellency the Governor with General Greene's and the 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 Colo. Long, requesting him to dispatch the express immediately.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House have appointed Messrs. Hooper, Smith, Lock, Harrington & 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 Gen. Greene's last letter assuring him that it is the unanimous & determined resolution of the present Assembly to defend this State to the last extremity.

Received from the Senate a Bill for appointing a Commissary General in this State, for directing and regulating the business and deputy of his department, and for other purposes. Endorsed, “in Senate Feb. 13th, 1781, read the second time, amended and passed.” A Bill to increase the powers of the Quarter Master General & other purposes. Endorsed, “in Senate Feb. 13, 1781, read the first time, amended & passed.

Resolved, that it is the unanimous sense of both Houses of the General Assembly, that this State shall be defended to the last extremity, and that it ought to be the resolution of every good citizen to die free and independent of the British Government.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

This House will be ready to ballot at half an hour after three o'clock this afternoon, and propose for members of the Council extraordinary

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Major General Caswell, Alexander Martin, Allen Jones, and O. Davis, Esquires; for an additional member of the Board of Auditors, John Taylor, Esquire, and places for holding the next Assembly, New Bern and Nutbush; Mr. Coor and Mr. Hill, Inspectors.

Mr. Speaker and Gentlemen:

We return the Resolve of your House requesting General Jones to imbody a number of the Militia of Halifax District, &c., concurred with.

Mr. Speaker and Gentlemen:

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

Received the Resolves referred to in the above Messages concurred with.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

The Senate have appointed Mr. McLaine, Mr. Johnston, Mr. Davis, & 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 General Greene's last Letter as by you mentioned.

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 Messenger be dispatched accordingly.

Resolved, that General Harrington and Mr. John Macon be appointed a Committee on the part of this House to superintend the Balloting for a Council extraordinary, an additional Auditor, and the place for holding the next Assembly.

Mr. Macon, one of the Committee appointed on the part of this House, to superintend the Balloting for a Council extraordinary, an additional Auditor, and the place for holding the next Assembly

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at, Reported that the Honbl. Major General Caswell, Alex. Martin and Allen Jones, Esquires, were elected Members of the Council extraordinary, &c. John Taylor, Esquire, an Auditor by a Majority of the votes of both Houses, and that New Bern was the place appointed for holding the next Assembly.

Resolved, that the Board of Auditors pay Isham Beazley, who came express from Genl. Greene, the sum of one Thousand Dollars to defray his expences.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Resolved, that the Speakers of both Houses of the General Assembly, write to the Governor of Virginia acquainting him with the present circumstances of this Country. That they urge in the most emphatical manner the necessity of his causing immediate assistance to be sent to this State, and that they expostulate with him on account of the arms ordered to this State by Congress having been detained in Virginia, requesting him at the same time to have them forwarded to North Carolina, if contingencies do not happen which will make such measures imprudent.

Ordered that the following Message be sent to the Senate:

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 contained.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We return the Resolve of your House in favour of Isham Beazley concurred with, received the same concurred with.

Received from the Senate the following Message:

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.

Ordered that the following Message be sent to the Senate:

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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 Brigadier General Gregory a certain sum therein named, concurred with.

Resolved, that a Company of Militia, consisting of one hundred privates commanded by a Captain, Lieutenant and Ensign, be immediately raised and stationed at the mouth of White Oak River, for the defence of the Sea Coast of Onslow County, and the vicinity thereof. The officers to be appointed by the Colonel of the County.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send for your Concurrence a Resolve of this House for raising a Company of Militia, for the defence of the Sea Coast of Onslow County.

Received from the Senate the following Message:

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.

The Bill appointing a Commissary General in this State, for directing and regulating the Business and Duty of his department, and for other purposes, was read the second time & Rejected.

The Bill to increase the powers of the Quarter Master General, and other purposes, was read the second time, passed & sent to the Senate.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

We send for Concurrence a Resolve in favour of the Honbl. Samuel Ashe, Esqr.; also a Resolve in favor of the Honbl. Samuel Spencer, Esquire; and likewise a Resolve in favor of the Honbl. John Williams, Esquire, and the same being read were rejected.

Resolved, that Colonel Isaac Shelby of Sullivan County and John Sevier, Esqr., of Washington County, be informed by this Resolve being communicated to them that the General Assembly of this State are feelingly impressed with the very generous and patriotic services rendered by the Inhabitants of the said Counties, to which their influence has in a great degree contributed and earnestly

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urge that they would press a continuance of the same active exertion; that the State of the Country is such as to call forth the utmost powers immediately in order to preserve its freedom and Independence, and that we may by the assistance of our friends in Virginia, as they have occasionally by us, as emergencies induced them, availed of it, we suggest our wishes that Colonel Arthur Campbell and Colonel William Preston of Virginia, thro' the Gentlemen mentioned, may be informed that their spirited conduct heretofore in favor of the Southern States affords us the most perfect assurance that they will make every active and effectual exertion at the present critical moment in favor of this State.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve for communicating the sense of the General Assembly to Col. Shelby and John Sevier, Esquire, for their late exertion in favor of this State.

In order to carry into effect a Resolve passed at the last session of Assembly at Hillsboro, respecting the Judges and Attorney General, Resolved that each of the Judges be allowed Twenty Thousand pounds and the Attorney General Ten Thousand pounds. That the Treasurers of this State, or any of them, advance them the same respectively, and be allowed in the settlement of their Accounts with the Public.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate a Bill to enlarge the powers of the Quarter Master General, Endorsed, In Senate 13 Feby., 1781, “read the second time, amended & passed.”

Ordered that the said Bill be read the third time in this House. The same was read the third time, amended, passed & sent to the Senate.

Resolved, that the Speakers of the two Houses of the General Assembly, write a letter to General Greene, or the Commanding

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Officer in the Southern Department, requesting him to propose to the Commander of the British Troops, an exchange of the Tory Prisoners in this State as have been Captivated by our Militia, for such of the Militia of this State who are prisoners of War to the Southward.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

We return the Resolve of your House for raising a Company of Militia for the defence of the Sea Coast of Onslow County, concurred with.

Mr. Speaker and Gentlemen:

The Resolve of your House communicating the sense of the General Assembly of this State to Colonel Shelby and John Sevier, Esqr., and others, relative to their late patriotic Conduct, we return you concurred with.

Mr. Speaker and Gentlemen:

Your proposed Resolve in favor of the Judges and the 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 Senate the following Message:

Mr. Speaker and Gentlemen:

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve in favor of Colonel Shelby; also a Resolve in favor of Colo. Irwin.

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Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Resolved, That his Excellency do, on application, enlarge the parole of a certain James Bygleston, of the County of Craven, to such part of the said County, above the Town of New Bern as he may think proper.

Ordered, that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Whereas, Many people in this State are rendered unable to pay the specific Tax through the large supplies furnished our Troops, and others are almost ruined by the plunder of the Enemy,

Resolved, Therefore, that any person who has furnished our Troops with a larger supply of Provisions than the amount of their Specific Tax since the passing of the Law for the recovery of said Tax, shall not be subjected to the penalties inflicted by said Law for non-payment of said Tax, that the Commissioners of each County is hereby directed to deduct the amount of their Specific Tax from the Supplies they have found, and enter the deduction on the back on their Certificates, as receipt for the provision so found; and where any person can make it appear that they are unable to pay the said Tax thro' the plunder of the Enemy, that in that case they shall stand discharged from the payment of their Specific Tax and the penalty inflicted on the non-payment thereof.

Ordered that the following Message be sent to the Senate:

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.

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

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Wednesday, 14th Feby., 1781.

The House met according to adjournment.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send you the Report of the joint Committee to whom was referred the Letter from the Honbl. Whitmell Hill and Willie Jones, Esquires, concurred with by this House. We also send the Report of the Committee to whom was referred the Memorial of Colo. Medlock and the settlement of Gen. Harrington's accounts, which we likewise concur with.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return the Report of the Committee in favor of Colonel Medlock and General Harrington, concurred with by this House.

Resolved, That Colo. Long be directed to furnish Genl. Gregory in the most safe and Expeditious manner with five hundred pounds of Gun powder & fifteen hundred pounds of lead, for the use of the Army under his command.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for your Concurrence a Resolve of this House directing Colo. Long to furnish General Gregory with a certain Quantity of gun powder, &c.

Resolved, That Isham Beazley be allowed a further sum of two thousand Dollars in addition to the sum yesterday allowed him for the purpose of enabling him to return to General Greene's Camp; that the Treasurers or any of them, or the Board of War, advance the same to him.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return the Report of the joint Committee respecting the North Carolina Delegates, concurred with by this House.

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Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

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

Mr. Speaker and Gentlemen:

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

Mr. Speaker and Gentlemen:

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

Resolved, That the standing Board of Auditors be and they are hereby empowered to issue Certificates for such sums as may appear to be due on the settlement of such accounts; they may adjust in the same manner as for Claims allowed.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

The Resolve of your House directing Col. Long to furnish General Gregory a certain quantity of Gun powder, &c., we return you, concurred with.

Mr. Speaker and Gentlemen:

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

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.

Mr. Speaker and Gentlemen:

We send for Concurrence a Resolve in favor of the Judges of the

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Superior Courts of Law and of the Attorney General. The same was read and rejected.

Received from the Senate the following 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.

At the same time, received the Resolve referred to in the above Message, and there not being at that time a House, no order was taken thereon.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send you the Report of the joint Committee appointed to take under consideration Sundry Letters, Resolves of Congress, Petitions and other Public Papers, concurred with by this House. The same was read and rejected.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve directing the removal of the Prisoners of War in this State. The same was read and rejected.

The Business of the Session being ended, Resolved, that the thanks of this House be given the Honbl. Thomas Benbury, Esq., Speaker thereof, for his Diligent, able, faithful, and public Spirited services.

By Order.
THOS. BENBURY, S. C.
J. HUNT, C. H. C.