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Minutes of the North Carolina Senate
North Carolina. General Assembly
June 23, 1781 - July 14, 1781
Volume 17, Pages 794-876

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THE SENATE JOURNAL---1781.
FROM JUNE 23RD, 1781, TO JULY 14TH, 1781.
[It being the First Session.]


State of North Carolina,
In Senate, 23rd June, 1781.

At a General Assembly, begun and held at Wake Court House, the Twenty-Third Day of June, 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 first Session of this Assembly.

The Returning Officers for the several Counties within this State certified that the following persons were duly elected to represent the repective Counties in Senate, viz.:

Anson—
Beaufort—William Brown.
Bertie—
Brunswick—
Bladen—
Burke—
Craven—James Coor.
Carteret—
Currituck—
Chowan—Charles Johnson.
Camden—
Caswell—
Chatham—Ambrose Ramsey.
Cumberland—
Dobbs—
Duplin—
Edgecombe—Elisha Battle.
Franklin—Henry Hill.
Guilford—Alex. Martin.
Gates—
Granville—Joseph Taylor.
Halifax—
Hertforn—Pleasant Jordan.
Hyde—
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Johnston—Benj. Williams.
Jones—Nathan Bryan.
Lincoln—
Martin—K. McKenzie.
Mecklenburg—R. Irwin.
Montgomery—Thos. Chiles.
Nash—
Northampton—Jas. Vaughan.
New Hanover—
Onslow—
Orange—John Butler.
Pasquotank—
Perquimans—
Pitt—Edward Salter.
Rutherford—Wm. Porter.
Richmond—
Rowan—Matthew Locke.
Randolph—
Surry—William Shepperd.
Sullivan—
Tyrrell—
Washington—
Wayne—
Wake—Michael Rogers.
Warren—Nathaniel Macon.
Wilkes—Charles Gordon.

Whereupon the following Members appeared, qualified agreeable to Law, and took their seats, to-wit.:

William Brown, James Coor, Charles Johnson, Ambrose Ramsey, Elisha Battle, Henry Hill, Alex. Martin, Joseph Taylor, Pleasant Jordan, Benjamin Williams, Nathan Bryan, Kenneth McKenzie, Robert Irwin, Thomas Chiles, James Vaughan, John Butler, Edward Salter, William Porter, Matthew Locke, William Shepperd, Michael Rogers, Nathaniel Macon, and Charles Gordon, Esquires.

Mr. Battle proposed for Speaker the Honbl. Alex. Martin, Esqr., who was chosen and conducted to the Chair accordingly.

On motion, John Haywood was appointed Clerk, and Sherwood Haywood Assistant.

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William Murphey, Door keeper.

Ordered that the following Message be sent to the Commons:

Mr. Speaker and Gentlemen:

The Senate being formed, acquaint you that they are ready to proceed on public Business.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

The House of Commons are also formed and ready to proceed to public Business, and propose that the address herewith sent you be presented to His Excellency the Governor.

Received the address alluded to in the foregoing Message, which, being read, was concurred with, and the following Message ordered to be sent the Commons:

Mr. Speaker and Gentlemen:

The Message by you addressed to and proposed to be sent to His Excellency the Governor this House approve of and have appointed General Butler to attend him with the same.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve for proceeding immediately to the dispatch of the most important Business of the State, &c.

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

Mr. Speaker and Gentlemen:

You will herewith receive the Resolve of your House for proceeding immediately on the most important Business of the State, concurred with.

On motion, Resolved, that General Butler, Mr. Salter, Mr. Johnson, Mr. Ramsey, & Mr. Chiles be a Committee of Privileges and Elections.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your perusal and consideration a Message

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from His Excellency the Governor, accompanied by sundry Letters, Resolves of Congress, and other public Papers, which we received at the same time with the Message.

Received the Message and papers referred to in the foregoing, which were ordered to lie over until To-morrow.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your Concurrence a Resolve of this House directing the Commanding Officer of the District of Hillsborough to make a general return to the present Assembly of all the Troops, Arms, &c., now employed in the Service of this State in the defense of the Assembly and how they have been disposed.

The Resolve above alluded to being read, was rejected.

On motion, ordered that Mr. Coor, Mr. Taylor, and General Locke be a Committee of Propositions and Grievances, and that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Senate have appointed Mr. Coor, Mr. Taylor and General Locke a Committee of Propositions and Grievances, who will act jointly with such Gentleman of your Body as may be appointed for that purpose.

Adjourned until To-morrow Morning 9 O'clock.


Sunday 24 June, 1781.

The House met.

Mr. John Collier, the Member for the County of Randolph, appeared, qualified agreeable to Law and took his seat.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your Concurrence a Resolve of this House requesting the Speakers of this Assembly to wait on His Excellency the Governor, and present the Thanks thereof, &c.

Received the Resolve referred to in the above Message, which being read was ordered to lie for Consideration.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

The Commons have appointed Messrs. Person, Henderson,

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Starkey and Payne, to act in Conjunction with the Gentlemen by you appointed as a Committee of Propositions and Grievances.

Mr. Speaker and Gentlemen:

The Commons propose balloting for a Governor of this State for the Current year at 4 O'clock this evening and put in nomination for a Governor Abner Nash, Willie Jones, Samuel Johnston, Samuel Ashe, and John Williams, Esquires. Should the Senate accede to this proposition they will signify the same by Message.

The foregoing Message being Read was Ordered to lie for Consideration.

Mr. Speaker and Gentlemen:

We send for your Concurrence a Resolve of this House directing General Butler to raise a Company of Light Horse as a further Guard to the Assembly.

The Resolve referred to in the above being read was rejected, whereupon,

Resolved, that Colonel S—, of Franklin County, order Captain Bledsoe, with his Troop of Light Horse, to repair to Wake Court House, there to be employed agreeable to orders.

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

Mr. Speaker and Gentlemen:

As there is a Troop of Horse in the County of Franklin, under the Command of Captain Bledsoe, performing a Tour of Duty, who may be ordered to this place immediately; we do not therefore concur with your Resolve for raising a Company of Horse which will be attended with delay, but wish to substitute in the Room thereof the Resolve herein sent you.

Read a Letter from the Marquis de Bretaigne.

Ordered that it be referred to a joint Committee, that Mr. Coor, Mr. Locke and Mr. Johnston be for that purpose a Committee on the part of this House, and that the following Message be sent the Commons.

Mr. Speaker and Gentlemen:

The Senate have appointed Mr. Coor, Mr. Locke and Mr. Johnson a Committee, who will act jointly with such of your Body as

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may be appointed to Consider of and report on the Letter from the Marquis de Bretaigne herewith sent you.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

This House have appointed Gen. Bryan, Messrs. Henderson, Eaton, Payne, Tillman, Gorham and Balfour to act jointly with the Gentlemen by you appointed as a Committee to report upon the Letter of the Marquis de Bretaigne.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

This House have appointed Messrs. Brickell, Greene, Macon, & Phifer to act jointly with such Gentlemen as may be appointed by the Senate, to take under their Consideration the Petition of Joshua Gordon, a Soldier disabled in the Service of this State; as well as the Petition of all others similarly circumstanced and to propose such relief for them in one General Report as to them may seem reasonable.

Ordered that Mr. Hill and General Butler act on the part of this House for the purpose aforesaid & that the following Message be sent to the Commons.

Mr. Speaker and Gentlemen:

This House have appointed Mr. Hill and General Butler a Committee who will act jointly with the Gentlemen by you appointed to consider of the Petition of Joshua Gordon, and to report on his and the Petitions of all others similarly circumstanced.

Mr. Charles Johnson, from the joint Committee to whom was referred the Letter from Brig. General the Marquis de Bretaigne, reported as follows, viz.:

The Committe to whom was referred the Consideration of a Letter from the Brigadier General Marquis de Bretaigne, respecting the purchasing and importing Arms and other Military Stores, having considered the same are of opinion that the Resolution of the Council Extraordinary for the State, dated the 18th May, 1781, should be immediately carried into Effect, and the Brigadier General Marquis de Bretaigne, having generously offered his service for this purpose, that the said Brigadier General Marquis de Bretaigne, be

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appointed Agent for the State of North Carolina, in the Islands belonging and subject to our great and good Ally, the King of France; and that he be empowered to procure a small, fast sailing Vessel and proceed with the utmost dispatch to the Island of Martinico, or some other of the French Islands, and represent to the General and Commander in Chief of those Islands, the present distressed situation of this State, and to solicit him as the representative of our great and good Ally to supply this State, either on loan or in such other Manner as shall seem most expedient to the General of Martinico and our Agent aforesaid, with Five Thousand stand of Arms, Ten Thousand weight of Powder, Thirty-five Thousand Weight of Lead, Two Hundred Thousand Flints, and Two Thousand Blankets. Should it be out of the power of the Government of the French Islands to furnish the Articles aforesaid, that our agent then be empowered and authorized to contract with any other person for the Articles aforesaid, and that the faith of the State be pledged for the paying and fulfilling such Contracts as our said Agent may enter into for procuring the Military Stores aforesaid, and that he be directed to apply for Convoy sufficient to conduct in safety the Vessel in which such Military Stores are embarked to some of the Ports of this State; but should he not be able to obtain a Convoy, that he be directed to divide the Risque of importing the Stores aforesaid by Shipping them on different Bottoms. And to enable the Agent to carry into Execution our Intentions, that he be immediately furnished with Twenty Thousand pounds of Tobacco, and that all his necessary expenses and expenditures incurred by our said Agent for this purpose shall be reimbursed by this State, and also a generous Compensation allowed for his Services; and that the Commissioners be directed to supply him with such Provisions as may be wanted for the voyage.

CHARLES JOHNSON, Chairman.

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

Whereas, It is necessary that a supply of Arms and other Military Stores be obtained for the use of this State, and Brigadier General the Marquis de Bretaigne having generously offered his Services for this purpose, and the General Assembly having the highest Opinion of his merit, zeal and attachment to this State,

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Resolved, Therefore, that Brigadier General the Marquis of Britaigne be and he is hereby appointed Agent for this State to the French Islands in the West Indies, and he is hereby empowered to procure immediately a fast sailing vessel, and to proceed with the utmost dispatch to the Island of Martinico; and that he be and is hereby empowered in the name of the State to set forth the present distress that this State is in for want of Arms and other war-like Stores, and to solicit His Excellency the Governor of Martinico, as the representative of his most Christian Majesty, our great and good Ally, to furnish on loan or in other such manner as shall seem most expedient, Five Thousand Stand of Arms, Ten Thousand pounds of Powder, Thirty-Five Thousand pounds of Lead, Two Hundred Thousand Flints, and Two Thousand Blankets. And should it be impracticable for His Excellency the Governor of Martinico to furnish the Articles aforesaid, then Brigadier General the Marquis of Britaigne, our Agent aforesaid, is hereby empowered and authorized to contract with any Person or Persons for the Articles aforesaid, and to pledge the Faith of the State for the paying and fulfilling such Contracts as he, our said Agent, may enter into for procuring the Military Stores aforesaid, and he is hereby directed and empowered in behalf of this State to apply for a Convoy sufficient to conduct the vessel bringing the Military Stores aforesaid in Safety to some Port in this State.

On motion, Resolved, that the Sheriff of the County of Craven do immediately purchase on account of the State, borrow or impress Twenty Thousand pounds weight Tobacco and deliver the same to Brigadier General the Marquis of Britaigne, together with provisions sufficient for Victualing his Vessel for the West Indies; and,

Resolved, Further, that the Commissioners of Trade do, without delay, repay in kind the aforesaid Tobacco, in case the same should be borrowed or impressed.

Ordered that the foregoing Report and Resolves be sent the Commons, with the following Message:

Mr. Speaker and Gentlemen:

We send for concurrence the Report of the joint Committee appointed to take under consideration the Letter from the Marquis de Britaigne. Also a Resolve appointing Brigadier General the

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Marquis of Britaigne Agent for this State to the French Islands in the West Indies. And likewise a Resolve directing the Sheriff of Craven County to procure a certain quantity of Tobacco therein specified, for the purposes mentioned, &c.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We return the Resolve of your House for ordering Captain Bledsoe, of Franklin County, to repair to Wake Court House with a Troop of Horse now under his command, concurred with.

Received the Resolve referred to in the foregoing Message. Endorsed in the House of Commons 24th June, 1781. “Concurred with.”

The House, resuming the consideration of the Resolve of the Commons of this date requesting the speakers to wait on His Excellency Governor Nash, and return him the sincere thanks of the General Assembly for his steady, zealous, patriotic and arduous Services as Governor of this State, &c.

Ordered that the following Message be sent to the Commons:

Mr. Speaker and Gentlemen:

The Senate agree with the Commons in requesting the Speakers to wait on His Excellency the Governor and return him the sincere thanks of the General Assembly for his steady, zealous, patriotic and arduous Services as Governor of this State, &c., and return their Resolve for that purpose, concurred with.

Received from His Excellency the Governor the following Message, addressed to the Honorable the Speaker of this House:

Sir:

Being informed that my name is put in nomination for the chief Magistracy of this State, I have to acknowledge my Obligations for this Honor done me by my Friends; at the same time to request that on consideration of my excessive Fatigues of late and want of Health equal to such a Task, I may be excused and my name be struck out of the Nomination. The highest reward a Citizen in a free State can receive is the approbation of his Country, and should I be fortunate enough to have answered the expectations of my Friends in the course of my last year's administration, I shall think myself

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amply rewarded for all my vast expenses and toil. With the highest Respect, I have the honor to be, Sir, your Obedient Servant,

ABNER NASH.

The House resuming the Consideration of the Message from the Commons, respecting the Balloting for a Governor for the Current year,

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

Mr. Speaker and Gentlemen:

The Senate wish to defer Balloting for a Governor of this State for the Current Year until To-morrow Evening 4 O'clock, and put in nomination for Governor Samuel Johnson and Thomas Burke, Esquires. Should this be agreeable you will signify the same by Message.

Whereas, from the late frequent Incursions of the Indians on the Inhabitants of the Frontiers of this State it became absolutely necessary a Force should be embodied and oppose to them, and there being no Brigadier General in the District of Salisbury, from whom orders might properly be issued, Lieutenant Col. Sevier, Lieutenant Col. Wm. Porter and Major Joseph McDowell did embody and march a number of the Militia for the purpose aforesaid without any Official orders; and it being equitable and just that those actually employed in this service should be entitled to and receive the same pay as if they had been called into service by proper authority,

Resolved, therefore, that the Officers and Men employed in the service aforesaid, have and receive the same Pay during the Time of their being in Service as other Militia Officers and Soldiers are entitled to when in the service of this State.

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

Mr. Speaker and Gentlemen:

We send for Concurrence a Resolve relative to the pay of certain Companies of Militia late employed in the Defence of the Frontiers of this State.

Received from the Commons the following Message:

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Mr. Speaker and Gentlemen:

The Report of the Committee appointed to take under Consideration the Letter from the Marquis de Bretaigne, &c., the Resolve of your House entered into in consequence thereof relative to the importation of Military Stores into the State; also the Resolve directing the Sheriff of Craven County to procure a certain quantity of tobacco, &c., we return you Concurred with.

Received the Report and the Resolves referred to in the above Message. Endorsed, In the House of Commons the 24th June, 1781, Concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your Concurrence a Resolve of this House directing Brigadier General Caswell to detach Col. Hawkins' Regiment of Cavalry from his Brigade to Wake Court House.

Received the Resolve above alluded to, which being read was concurred with & the following Message ordered to be sent the Commons:

Mr. Speaker and Gentlemen:

The Resolve of your House directing Brigadier General Caswell to detach Col. Hawkins' Regiment of Cavalry from his Brigade to Wake Court House you will herewith receive, concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

The Commons concur with you in deferring the balloting for a Governor until To-morrow Evening 4 O'clock.

Ordered that General Butler and Colonel Taylor be a Committee on the part of this House to prepare and bring in a Bill for raising Troops for the immediate defence of the State; that Mr. Coor and Mr. Williams be a Committee to prepare and bring in a Bill for laying a Specific Provision Tax for the supply of the Army, & Navy employed in the defence of this and the neighboring States, and for levying a pecuniary Tax for the year 1781. And that Mr. Coor and Mr. Johnson prepare and bring in a Bill for the defence of Ocracoke Bar, &c., and that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Senate have appointed General Butler and Colonel Taylor a

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Committee to prepare and bring in a Bill for raising Troops for the immediate defence of this State.

Mr. Coor and Mr. Williams be a Committee to prepare and bring in a Bill for levying a Specific provision Tax for the supply of the Army & Navy, employed in the defence of this and the neighboring States, and for levying a pecuniary Tax for the year 1781. And Mr. Coor and Mr. Johnson to prepare and bring in a Bill for the defence of Ocracoke Bar, &c., who will respectively act with such Gentlemen of your Body as may be appointed for the purposes aforesaid.

The Honorable the Speaker of this House, together with the Speaker of the House of Commons, agreeable to the Resolve of the two Houses, attended his late Excellency Abner Nash, Esqr., and presented the Thanks of the General Assembly in manner following, viz.:

Sir:

Pursuant to the Joint Resolve and Request of both Houses of the General Assembly, we wait on you, and return you their sincere Thanks for your steady, zealous, patriotic and arduous services as Governor of this State, at a period so truly alarming to the good Citizens thereof.

And we are further authorized, Sir, to inform you that this Assembly are disposed to exert their utmost Endeavours to arrange the resources of the State in such Order as shall best tend to render the Government safe, and the supreme Executive easy as well as honorable.

To which his late Excellency was pleased to return the following Answer:

Gentlemen:

The Honors that have been conferred on me by my Country, by calling me to the first Office in it and by giving me this Honorable Testimony of their approbation fills me with gratitude and demands my warmest Thanks. 'Tis the highest reward a Citizen of a free State can receive. Be pleased, Gentlemen, to make your respective Houses sensible of my Gratitude and assure them that tho' a want of health obliges me to decline the Fatigues of my late appointment, I still hold myself answerable to my Country for all the services it may be in my power to render her.

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In a particular manner I also beg leave Gentlemen, to return you my Thanks for the polite and friendly manner in which you have communicated to me the Sense of the General Assembly.

ABNER NASH.

Adjourned till To-morrow Morning 9 O'clock.


Monday 25th June, 1781.

The House met.

Whereas, it appears that some Commissioners of the Counties in the District of Edenton have refused or neglected to collect one Fifth part of the Pork, Beef and Bacon agreeable to the requisition of His Excellency the Governor, with the advice of the Council Extraordinary:

Resolved, therefore, that all Commissioners in the said District who have hitherto neglected to collect the one Fifth part of the said provisions be and they are hereby authorized and required to collect one Fifth Part of all the Pork, Beef, and Bacon in their respective Counties, or so much thereof as shall be sufficient for the support of the Army under General Gregory. And in Case of the Refusal of any Commissioner to act, then Five or more Justices of the County are hereby authorized and required to appoint some other person Commissioner in the Room of the former; but if no person shall be found in the County willing to undertake the Office of Commissioner, in that Case the Brigadier General of the District is hereby empowered and authorized to order some officer of the Militia, or other person of good repute, to collect one Fifth part of the Provisions before mentioned in the Counties failing to furnish their quota of Provisions.

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

Mr. Speaker and Gentlemen:

We send for Concurrence a Resolve respecting such Counties in the District of Edenton as may have failed to furnish the Provision ordered by the Governor and Council.

On motion, Resolved, that Brig. Genl. Jones do immediately send Four Hundred Men from the District of Halifax to re-inforce Genl. Gregory at the North West Bridge, and Arm them in the best Manner possible. And Resolved, also, that General Gregory draft from

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the Militia of the Edenton District such further Aid as he may find necessary.

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

Mr. Speaker and Gentlemen:

We send for Concurrence a Resolve for re-enforcing Brigadier General Gregory at the North West Bridge.

On motion Ordered, that the Honorable the Speaker, Colonel Kenan, Mr. Coor, Colonel Salter, Mr. Johnson, General Locke, Colonel Taylor, General Butler and Colonel Irwin be a Committee to consider of and report on the Resolves of Congress and other public papers, laid before this Assembly by His Excellency the Governor, and that they prepare and bring in Bills for the purposes therein recommended as they think proper. And that the following Message be sent to the Commons:

Mr. Speaker and Gentlemen:

This House have appointed Mr. Speaker, Mr. Kenan, Mr. Coor, Mr. Salter, Mr. Johnson, Genl. Locke, Mr. Taylor, General Butler and Mr. Irwin, a Committee who will act in Conjunction with such Gentlemen as may be by you appointed to consider of and report on the Resolves of Congress and other Public Papers laid before the Assembly by His Excellency the Governor, and to prepare and bring in Bills relative to the subject matter of such of them as they think proper.

Colonel James Kenan, the Member for the County of Duplin, and Colonel John Spicer, the Member for the County of Onslow, appeared, produced their respective certificates, qualified agreeable to Law and took their Seats.

On motion Ordered, that Colonel Irwin be added to the Committee of Propositions and Grievances.

Whereas, it appears that Colonel Thomas Harvey, of the County of Perquimans, hath neglected to cause a draft to be made out of his Regiment for Men to serve Twelve Months in the Continental Battalions of this State agreeable to the act for that purpose,

Resolved, therefore, that Lieutenant Colonel John Harvey be, and he is hereby ordered and required, to proceed immediately according to Law to cause a draft to be made out of the Perquimans Regiment

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of Militia, for filling up the Continental Battalions of this State. Which, should he neglect, then and in that Case, the next Officer in Command in the Militia of that County shall proceed to make the draft aforesaid, which shall be as valid as if done by the Colonel.

And as it fully appears that Colonel Thomas Harvey hath already been Guilty of a neglect of Duty, Resolved, that Brig. Genl. Gregory cause a Court Martial to try the said Colonel Thomas Harvey for this offence, and make report of the Sentence of the Court Martial to the General Assembly as soon as possible.

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

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve relative to the carrying into effect in Perquimans County the act for raising men to fill up the Continental Battalions belonging to this State, &c.

Received from the Commons the following Messages:

Mr. Speaker and Gentlemen:

The Resolve of your House for re-enforcing Brig. Genl. Gregory at the North West Bridge, and the Resolve respecting such Counties in the District of Edenton as may have failed to furnish the Provisions ordered by the Governor and Council, you will herewith receive, concurred with.

Received the Resolves referred to in the foregoing Message. Endorsed in the House of Commons 25th June, 1781. “Concurred with.”

Mr. Speaker and Gentlemen:

The Resolve of your House relative to the pay of certain Companies of Militia, &c., we return you, concurred with.

Received the Resolve referred to. Endorsed in the House of Commons 25th June, 1781. “Concurred with.”

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve of this House appointing a Captain of the Guard at Halifax.

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

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Mr. Speaker and Gentlemen:

The Resolve of your House appointing a Captain of the Guard at Halifax, &c., we return you, concurred with.

Ordered the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Senate are now ready to proceed to the Balloting for a Governor of this State for the Current Year. They have appointed Mr. Coor and Mr. Rogers to superintend the Balloting, and wish to know when and where you wish the Business transacted.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

The Commons are also ready to proceed to the Balloting for a Governor; have on their part appointed Mr. Spaight and Mr. Payne to superintend the Balloting, and propose that it be conducted at the Court House.

Mr. Coor and Mr. Rogers, appointed on the part of this House to superintend the Balloting for a Governer of this State for the current Year, reported:

That, having executed the trust reposed in him, it appeared on casting up the Ballots that the Honble. Thomas Burke, Esqr., was chosen Governor of this State for the Current Year by a Majority of the General Assembly.

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

Received from the Commons the following Messages:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House directing Brigadier General Butler to detach a Party of Horse into the Neighborhood of Cross Creek in order to gain Intelligence of the movements of the Enemy, &c.

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

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House requesting the Speakers of the General Assembly to send off an Express to

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Thomas Burke, Esqr., acquainting him that he has been this day elected to the Chief Magistracy of the State, &c.

Ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Resolve of your House requesting the Speakers to send an Express to Thomas Burke, Esqr., informing him of the vote of the General Assembly of this day, we return you, concurred with.

Adjourned till To-morrow Morning 9 O'clock.


Tuesday, 26th June, 1781.

The House met.

Read the Letter from the President of Congress & a Letter from the Delegates of this State in Congress, addressed to Governor Nash.

Ordered they be sent the Commons with the following Message:

Mr. Speaker and Gentlemen:

We send for your perusal a Letter from the Honorable the President of Congress; also a Letter from the Delegates of the State in Congress, addressed to Governor Nash.

Received from the Commons the following Messages:

Mr. Speaker and Gentlemen:

This House propose Balloting at 11 O'clock this Forenoon for a Council of State, and put in nomination for Councillors, Alex. Martin, Willie Jones, Laurence Baker, Benjamin Seawell, Robert Burton, Phil. Hawkins, Ambrose Ramsey, John Butler, and John Penn, Esqrs.

Ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Senate agree that the General Assembly ballot at 11 O'clock this Forenoon for a Council for State, and put in nomination Thomas Person, Benjamin Seawell, Richard Henderson, Spruce McCoy, John Penn, Philemon Hawkins, Jr., Gen. Butler, and Brumfield Redley.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Message addressed to the Honbl. Thomas Burke, Esqr.

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Received the address referred to in the foregoing Message, which, being read, was rejected, and the following Message ordered to be sent the Commons:

Mr. Speaker and Gentlemen:

The Senate have received your proposed Address to the Honorable Thomas Burke, Esquire, which they have thought proper to reject. They now propose that a Member be appointed on the part of each House to wait on Mr. Burke, inform him of the Vote of the General Assembly of yesterday respecting the chief Magistracy of this State, and request him to acquaint the respective Houses when he will attend & qualify, at which time we propose that he be addressed by the Speakers of this Assembly in the usual Manner.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

This House have appointed Mr. Macon, Mr. Phifer, and Mr. Wilson a Committee on the part of this House to settle up the depreciation of money to be allowed by the Board of Auditors in Certificates issued for purchasing, &c., in specie, with such Gentlemen of your Body as may be appointed for that purpose.

Ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Senate have appointed Col. Williams, Mr. Rogers and Mr. Macon a Committee to act with the Gentlemen by you appointed to settle up the depreciation of Money to be allowed by the Board of Auditors on Certificate issued for Purchases, &c.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

This House agree that a Member from each House be appointed to wait on Mr. Burke and inform him of the vote of the General Assembly of yesterday respecting the Chief Magistracy of this State, and request him to acquaint the respective Houses when he will attend and qualify, &c. We have appointed Mr. Spaight on the part of this House for that purpose.

Ordered that Col. Williams on the part of this House attend His Excellency Thomas Burke, Esquire, for the purpose aforesaid.

Received from the Commons the following Messages:

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Mr. Speaker and Gentlemen:

This House have appointed Mr. Tilman & Mr. Henderson to act with the Gentlemen by you appointed to prepare and bring in a Bill for raising Troops for the immediate defence of this State. Mr. Spaight, Gen. Bryan, Mr. Macon and General Person to act with the Gentlemen you have appointed to bring in a Bill for levying a Specific provision Tax, &c. Mr. Smith, Mr. Easton, Mr. Horne and Mr. Payne to act on the Committee appointed to bring in a Bill for the defence of Ocracoke Bar, &c.

And Messrs. Person, Hawkins, Bryan, Henderson, Starkey, James, Williams & Balfour to act with the Gentlemen by you appointed to consider of and report on the Resolves of Congress, &c., to bring in Bills relative to the Subject Matter of such of them as they think proper; we also on our part have appointed Messrs. James, Williams, Henderson and Smith to act with such Gentlemen as you may think proper to appoint for the purpose of preparing and bringing in a Bill for establishing Courts of Oyer and Terminer in the several Counties of this State for the Trial of offenders. And Mr. William Bryan, Person and Starkey to prepare and bring in a new assessment Bill.

Ordered that the following Message be sent to the Commons:

Mr. Speaker and Gentlemen:

The Senate have appointed Colonel Taylor, Colonel Irwin and Mr. Macon a Committee to act with the Gentlemen by you appointed to prepare and bring in a Bill for establishing Courts of Oyer and Terminer, &c., but do not think it necessary to appoint a Committee to bring in a new assessment Bill.

Mr. Rogers and Mr. Coor appointed on the part of this House to Superintend the Balloting for a Council of State reported that, having attended the Balloting aforesaid, on summing up the Scrolls or Ballots it appeared that Philemon Hawkins, Spruce McCoy, Willie Jones, Benjamin Seawell, John Penn, John Butler and Edward Jones, Esquires, were appointed a Council of State for the current year by a Majority of the General Assembly.

The House taking the foregoing Report into Consideration, Concurred therewith.

Col. Williams on the part of this House, having agreeable to the Order of the House waited on His Excellency Thomas Burke,

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Esquire, returned and informed the House that His Excellency would attend the General Assembly in the Conference Room at 6 O'clock this afternoon. The two Houses having met, Colonel Williams and Colonel Spaight were requested to conduct His Excellency from his Lodging to the Conference Room, which having done Mr. Speaker of the Senate and Mr. Speaker of the House of Commons being seated, the Members of each House attending, Mr. Speaker of the Senate addressed him in the following words, viz:

To His Excellency Thomas Burke, Esquire, Governor, Captain General and Commander in Chief in and over the State of North Carolina, Sir:

Yesterday the General Assembly proceeded to the choice of the Chief Magistrate, to preside in the Executive department of the Government of this State, when you, Sir, was elected to that high and important Office by joint Ballot of both Houses, the first Mark of Public Regard that this free, independent and sovereign State can shew its most worthy Citizen.

It gives me a particular pleasure to have at the Head of the Executive a Gentleman on whose Integrity, Firmness and Abilities we can rely with confidence at a Time this State is invaded by a cruel Enemy, and threatened with all the Horrors of War, which to oppose and avert call for the most spirited Exertions of this Country, that Independence and Peace be secured to it on a lasting Basis.

We assure you, Sir, that nothing shall be left undone on the part of the Legislature which may tend towards the general defence, and to make your Administration easy, happy and Honorable.

To you, therefore, Sir, as the first Executive Magistrate of this State, we commit and deliver the Bill of Rights and the Constitution, the one ascertaining the Civil and political Rights of the free Men of this Country, the other giving Existence to your Office and the present happy form of Government. That the same under your Guardian Care may be preserved Inviolate, supported, maintained, and defended, we present you with this Sword as an Emblem of that Power and Authority with which you are invested, to support and defend the Rights and Liberties of the People, to chastise the guilty, and all Enemies who oppose whatsoever to this Government,

-------------------- page 814 --------------------
at the same time tempering with Mercy the justice of the State when suitable Objects of Clemency fall before it.

We do therefore, in full Confidence of the High Trust reposed in you, for and in behalf of the free People of this State, announce and proclaim you Thomas Burke, Esquire, Governor, Captain General and Commander in Chief, in and over the State of North Carolina, of which all the good and liege people of the same are to take notice and govern themselves accordingly.

To which His Excellency, standing up, was pleased to return the following answer:

Gentlemen:

I feel myself impressed with a deep sense of Gratitude to the representive Body of my Country for this unexpected Honor and distinguished mark of their confidence, and sincerely wish the object of their Choice was more worthy and more equal to that arduous Dignity to which they have been pleased to raise him.

At any period less difficult, dangerous and critical than the present, I should beg leave to decline an Office so much above my abilities and so illy suiting my private Inclinations and Circumstances. But no consideration of private convenience or of difficulty or danger shall deter me from any duty to which my Country may call me while her affairs labor under unfavorable Appearances. I therefore consent to take upon me the Office and Dignity to which the Honorable the General Assembly have been pleased to elect me, and shall entirely devote myself to the Establishing of Internal Peace, Order and Economy and Security from External Enemies.

I rely on the assurance that the Legislature will do everything to enable the Executive Authority to fulfill the great and important purposes of its Institutions, and I indulge the pleasing Hope that we shall soon see our Country emerging from its present state of disorder and calamity into a flourishing State of Strength, Opulence and Security. Such happy Event will fulfill every wish of mine, and should my Administration contribute thereto, I shall repine at no Circumstance with which it may be attended, however unpleasant to my private Feelings. I request you, Gentlemen, Speakers of both Houses, to accept my thanks for the Politeness of the Manner in which you have signified to me the pleasure of the General Assembly.

-------------------- page 815 --------------------

Read a Letter from the Honorable James Iredell, Esquire, Attorney General of this State. Ordered that it be referred to the Committee appointed to settle up the Depreciation of Money, &c., and that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Senate propose that the Letter from the Attorney General of this State, herewith sent you, be referred to the Committee appointed to settle up the Depreciation of Money to be allowed by the Board of Auditors in Certificates issued for purchases, &c., to consider of and report on.

Adjourned till To-morrow Morning 9 o'clock.


Wednesday, 27th June, 1781.

The House met.

Received from the Commons a Bill for the relief of all such persons as are rendered incapable of procuring a comfortable Subsistence for themselves and Families by Wounds received in the defence of their Country, and for other purposes. Endorsed in the House of Commons 27th June, 1781. “Read the first time and passed.”

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

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your Approbation a Message proposed to be addressed to His Excellency the Governor.

Received the address referred to, which, being read, was approved of, & the following Message ordered to be sent the Commons:

Mr. Speaker and Gentlemen:

Your proposed Message to His Excellency the Gov. this House approve of, and have appointed Captain Macon to wait on him with the same.

Received from the Commons a Bill for appointing Processioners in this State & other purposes. Endorsed in the House of Commons 27 June, 1781. Read the first time and passed.

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

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Read sundry affidavits charging William Gilbert, a Justice of the Peace of Rutherford County, with being guilty of Plundering and other Misdemeanors, whereupon,

Resolved, that the said William Gilbert be cited to appear before the General Assembly at the next Session, to answer such Matters & things which shall then and there be alleged against him derogatory to the Magistracy which he holds.

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

Mr. Speaker and Gentlemen:

We send for Concurrence a Resolve citing William Gilbert of Rutherford County to appear at the next Session of Assembly. We send also the affidavits which induced this House to enter into this Resolve.

Mr. Edward Everagin, the Member for the County of Pasquotank, appeared, produced his Certificate, qualified agreeable to Law & took his seat.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

The Commons concur with the Senate in referring the Letter from the Attorney General to the Committee appointed to settle up the Depreciation of Money to be allowed by the Board of Auditors on Certificates issued for purchases, &c., to consider of and report on.

Mr. Speaker and Gentlemen:

We send for your perusal a Message from His Excellency the Governor, with the answer to Major Craig's Letter which we highly approve of. We also send for your perusal a Letter from General Gregory and a Letter from Col. Roberson.

Received His Excellency's Letter alluded to as followeth:

Gentlemen:

I send herewith a Letter from the Commanding Officer of his Brittanic Majesty's Troops at Wilmington on a subject which may involve serious consequences, and having yet no Council whom I could constitutionally consult, I beg leave to lay before you the answers which I judge proper to be made, and hope the importance

-------------------- page 817 --------------------
of the subject and its eventual Consequences will excuse me for troubling you for your advice.

The Answer to the Letter referred to by His Excellency being read,

Resolved, That this House do highly approve thereof.

Received from the Commons by the Hands of a Member an address communicating to his Excellency the Governor the Approbation of the General Assembly as to his answer to Major J. H. Craig's Letter above referred to, which, being read and approved of, ordered that Colonel Williams, with the Member from the Commons, attend His Excellency with the same.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your perusal the Remonstrance of a number of the Inhabitants of Franklin County, which we propose referring to the Committee of Propositions and Grievances.

Ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

We agree that the Remonstrance of sundry Inhabitants of Franklin County be referred to the Committee of Propositions and Grievances.

Adjourned till To-morrow Morning 8 O'clock.


Thursday, 28th June, 1781.

The House met.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We return the Resolve of your House citing William Gilbert, of Rutherford County, to appear at the next Session of General Assembly, concurred with.

Received the Resolve referred to in the foregoing Message. Endorsed in the House of Commons 27th June, 1781. Concurred with.

General Butler, from the joint Committee appointed to bring in a Bill for raising regular Troops for the immediate defence of the State, reported as followeth:

Your Committee appointed to bring in a Bill to raise Troops for

-------------------- page 818 --------------------
the defence of the State do report that we cannot agree on the Mode, on account of the special Instructions given the two Members of the House of Commons.

J. BUTLER, Chm.

Ordered the above Report, with the following Message, be sent the Commons:

Mr. Speaker and Gentlemen:

We send herewith the Report of the joint Committee appointed to prepare a Bill for raising regular Troops for the immediate defence of the State. We have added Colo. Williams to this Committee, and propose that a member be added on the part of your House, and that any Instructions you may have given those already appointed be rescinded, as special Instructions to a Committee from one House, not concurred in by the other, prevents that freedom of Debate in both Houses, so essential a Privilege in the Legislature. We recommend that the Committee proceed on the Bill in the usual way without Restraint, which in its passage may be so unsettled and amended as the two Houses can agree.

Received from the Commons a Bill to Condemn the Property of all Tories in this State that have embodied and plundered the good Citizens thereof, and for subjecting such property to make retaliation to those persons who have suffered by their depredations, and other purposes. Endorsed in the House Commons 28th June, 1781. Read the first time and passed.

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

Received also a Bill to encourage the Importation of Salt and Iron into this State. Endorsed in the House of Commons 28th June, 1781. Read the first time and passed.

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

Mr. Charles Johnson moved for leave and presented a Bill for prohibiting the Navigation of Ocracoke Bar, &c., which was read the first time, passed and sent the Commons.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

This House have appointed Mr. J. Green, Wm. Bryan, and Smith a Committee on their part who will act jointly with such Gentlemen

-------------------- page 819 --------------------
of the Senate as may be appointed to enquire into the situation of the North Carolina officers & soldiers in Captivity at Charlestown and the supplies which have been forwarded them and such further supplies as are necessary.

Ordered that Mr. Williams, Mr. Spicer & Mr. Butler act on this Committee, and that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

Colonel Williams, Mr. Spicer, & General Butler will act with the Gentlemen by you appointed to inquire into the situation of the No. Carolina Officers, &c.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your perusal the Petition of David Allen and others relative to certain Iron Works erected on the Yadkin River, which we propose referring to a joint Committee, and have on our part appointed Messrs. Phifer, Williams, Gowdy, Person, Lewis, and Lenoir.

Ordered that Colonel McKenzie & Colonel Collier act on the Committee, & that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

Mr. Collier and Mr. MeKenzie will act with the Gentlemen by you appointed to Consider of the Petition of David Allen and others.

On motion, Resolved, that the Commissioners of Trade lay a State of their proceedings before the General Assembly, with the amount of Goods now in their Hands, together with a particular List of all Monies & other Effects by them received or impressed for and on account of the Public.

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

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve relative to the Commissioners of Trade.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send you the Memorial of a number of the Merchants in Edenton, which we propose referring to a joint Committee,

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and have on our part appointed for that purpose, Mr. Easton, Mr. Balfour, Mr. Starkey, and Mr. Payne a Committee.

Ordered that Mr. Macon, Mr. McKenzie, & Mr. Salter act on this Committee, & and that the following Message be sent the House of Commons:

Mr. Speaker and Gentlemen:

Mr. Macon, Mr. McKenzie, & Mr. Salter will act with the Gentlemen by you appointed to consider of and report on the Remonstrance of the Merchants of Edenton.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve of this House in favor of Col. Seawell.

Received the Resolve referred to in the foregoing Message, which, being read, was concurred with & the following Message ordered to be sent the Commons:

Mr. Speaker and Gentlemen:

We return the Resolve of your House in favor of Col. Seawell, concurred with.

On motion, Resolved, that the Treasurers of Edenton District pay into the Hands of James Iredell, Esquire, Attorney General of this State, Twenty Thousand pounds, on account of his public Services in Office, for which he is to account with the General Assembly, and for which Sum the said Treasurer shall be allowed in the Settlement of his public Accounts.

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

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve in favor of the Attorney General of this State.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We have received your Message relative to the Committee appointed to prepare a Bill for raising regular Troops, &c., and have

-------------------- page 821 --------------------
on our part added to that Committee General Person and Col. Hawkins.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House in favor of Colonel Clark, of Wilkes County, in Georgia.

Received the Resolve referred to, which, being read, was concurred with, & the following Message ordered to be sent the Commons:

Mr. Speaker and Gentlemen:

We return the Resolve of your House in favor of Colonel Elijah Clark, of Wilkes County, in the State of Georgia, concurred with.

Received from the Commons the following Bills:

A Bill for levying a Money and Specific Tax for the year 1781.

A Bill to empower the Governor to issue Commissions of Oyer & Terminer and General Gaol Delivery.

A Bill for appointing District Auditors for settling the pay of the Militia & and other Claims against this State. Endorsed in the House of Commons 28th June, 1781. Read the first time & passed.

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

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith return the Resolve of your House in favor of the Attorney General of this State, concurred with.

Mr. Speaker and Gentlemen:

The Resolve of your House relative to the Commissioners of Trade you will herewith receive concurred with.

Received the Resolves above referred to. Endorsed in the House of Commons 28th June, 1781. Concurred with.

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House for discharging Mr. James Bigglyston, and requesting His Excellency the Governor, to order the said Bigglyston to remove himself, &c., to New York or elsewhere.

-------------------- page 822 --------------------

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

Mr. Speaker and Gentlemen:

The Resolve of your House relative to Mr. Bigglyston was returned you concurred with.

Read a Letter from Brigadier General Sumner, also a Letter from Colonel Robeson of Bladen County.

Ordered that they be referred to a joint Committee to consider of & report on. That Messrs. Kenan, Williams, Taylor, on the part of this House, be a Committee for this purpose, and that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Senate propose that the Letter from Brigadier General Sumner, also the Letter from Colonel Robeson herewith sent you, be referred to a joint Committee to consider of and report on, and have on their part appointed Mr. Kenan, Mr. Williams and Mr. Taylor for that purpose.

On motion, Ordered that Messrs. Irwin, Taylor & Johnson on the part of this House, be a Committee to prepare and bring in a Bill to regulate the Commissary Department in this State, and that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Senate have appointed Colonel Irwin, Colonel Taylor & Mr. Johnson a Committee, who will act jointly with such of your Body as may be appointed, to prepare & bring in a Bill for regulating the Commissary Department in this State.

Ordered that Mr. Johnson, Mr. Coor, Mr. Macon and Colonel Taylor be a Committee, to prepare and bring in a Bill to call upon all Persons that have been entrusted with or received public Monies without accounting for the same, and compel them to settle their accounts & pay such Monies, or Balance thereof, remaining in their Hands, and other purposes.

Mr. Speaker and Gentlemen:

This House have appointed Mr. Johnson, Mr. Coor, Mr. Macon & Colonel Taylor a Committee, who will act with such Gentlemen as may be by you appointed, to prepare and bring in a Bill to call

-------------------- page 823 --------------------
upon all persons that have been entrusted with, or received public Monies without accounting for the same, and compel them to settle their Accounts and pay such Monies or balances thereof, remaining in their Hands, & other purposes.

Received from the Commons the following Messages:

Mr. Speaker and Gentlemen:

The Commons have appointed Messrs. Williams, Tilman and Gorham, to act with the Gentlemen by you appointed, to consider of and report on the Letter from Brigadier General Sumner, and the Letter from Colonel Roberson.

Mr. Speaker and Gentlemen:

The Commons have appointed Messrs. Joseph Greene, Horne, Person, Williams & Benton a Committee on their part, who will act with the Gentlemen by you appointed, to prepare and bring in a Bill for regulating the Commissary's Department.

Mr. Speaker and Gentlemen:

We send for your Perusal the Petition of Burwell Pace, which we propose referring to a joint Committee, and have on our part appointed Messrs. Lewis, Phifer, Alexander and J. Williams a Committee.

The Petition referred to being read, was rejected.

Adjourned till To-morrow Morning 10 O'clock.


Friday 29th June, 1781.

The House met.

On motion, Resolved, That it be recommended to the Judges of the Superior Courts of Law, or either of them, or in their absence to any justice of the Peace for the County of Wake, and they or either of them are hereby empowered to bail Ephraim Alexander, who now stands committed to the jail of New Bern District for the supposed murder of John Landram, by taking a recognizance for his personal appearance at the next Court to be held for the District of Hillsborough, there to answer the charges aforesaid, and to cause him to be released from his present Confinement.

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

-------------------- page 824 --------------------

Mr. Speaker and Gentlemen:

We send for Concurrence a Resolve in favor of Ephraim Alexander, late of Mecklenburg County.

Mr. Coor moved for leave and presented a Bill for the speedy Trial of persons accused of Treason, Misprision of Treason, Counterfeiting the Currency of this State, or the United States, and for other Crimes; and for determining what persons fall within the Description of the Confiscation Act, and other purposes, which was read the first time, passed and sent the Commons.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send you a Message from His Excellency the Governor, addressed to the General Assembly, accompanied by a Letter from the Honorable Major General Greene of the 11th Instant.

Received the Message from His Excellency the Governor, referred to in the foregoing, as followeth:

Gentlemen:

I have the honor to lay before you a Letter just received from Major General Greene by Colonel Reed, and I desire to join my own wish in favor of that deserving Officer, and beg leave to recommend him to the attention of the General Assembly.

I must also request the Assembly to point out the means whereby the Dragoon Horses, requested by the General, may be procured. Sensible as I am of the Utility of such a supply, it would give me great pleasure to be able to send them forward without delay, if the Circumstances of the State will admit it.

THOMAS BURKE.

Received also the Letter from General Greene above alluded to, which was read.

Read a Letter from Benjamin Hawkins, Esquire, Commissioner of Trade.

Ordered that, with the following Message, it be sent the Commons:

Mr. Speaker and Gentlemen:

We send for your Perusal a Letter from Benj. Hawkins, Esquire.

On motion, Resolved, That His Excellency the Governor of this State be requested to appoint some prudent & proper Officers to

-------------------- page 825 --------------------
procure, or purchase, or if necessary, to impress Forty Horses suitable for Dragoon Horses, and send them to General Greene as soon as may be, and that the Officer cause such Horses to be valued according to Law and give Certificates, that satisfaction may be made to the Owners.

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

Mr. Speaker and Gentlemen:

We send for Concurrence a Resolve for procuring the number of dragoon Horses therein mentioned.

Received from the Commons A Bill for authorizing the juries in all Trials in the Courts of Law in future to allow depreciation, if any there be, in the present Currency of this and the United States. Engrossed in the House of Commons 29 June, 1781. Read the first time & passed.

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

Received from the Commons the following Bills, viz: A Bill to condemn the Property of all Tories in this State that have embodied and plundered the good Citizens thereof, & for subjecting such Property to make retaliation to those Persons who have suffered by their Depredations, and other Purposes.

A Bill to encourage the Importation of Salt and Iron into this State. Engrossed in the House of Commons 29th June, 1781. Read the second time & passed.

Ordered said Bills be read. The same being read were rejected.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send you a Message from His Excellency the Governor, addressed to the General Assembly.

Received the Message from the Governor alluded to, which being read was referred to the joint Committee, appointed to report on the Papers laid before the Assembly by his late Excellency, to consider of and report on.

Received from the Commons a Bill for protecting the Navigation of Ocracoke Bar, and the Lands and Rivers communicating therewith. Endorsed in the House of Commons 29th June, 1781. Read the first time and passed.

-------------------- page 826 --------------------

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

Mr. Macon, from the joint Committee appointed to take under consideration the Memorial of the Merchants of the Town of Edenton, reported as followeth:

The joint Committee of both Houses, appointed to take under Consideration a Memorial from the Merchants of Edenton, setting forth that large quantities of Goods were impressed from them, do report that it is your Committee's opinion that the impressment of Goods by General Warrants is unconstitutional, oppressive and destructive to Trade; and that it also appears to your Committee that no demand or requisition hath been made to the Owners of such Goods previous to the Impressment or Seizure thereof, which is illegal. And are further of opinion that all Goods so impressed that can be conveniently spared from the use of the Army, be immediately returned to the Owners from whom such Goods have been impressed or seized.

NATH. MACON, Chm.

The House taking the above report into Consideration, concurred therewith & ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

We send herewith the Report of the joint Committee, appointed to take under Consideration the Remonstrance of the Merchants of Edenton, Concurred with by this House.

Mr. Hardy Griffin, the Member for Nash County, appeared, produced his certificate, qualified agreeable to Law and took his Seat.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

This House propose that a joint Committee be appointed to enquire into the state of Mr. Benjamin Hawkins' account and report thereon, and have for that purpose on their part appointed Messrs. Smith, Starkey and Person a Committee.

Ordered that Messrs. Johnson, Coor and McKenzie act on this Committee, and that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

This House have appointed Messrs. Johnson, Coor and McKenzie,

-------------------- page 827 --------------------
who will act jointly with the gentlemen by you appointed, to enquire into the state of Mr. Benjamin Hawkins' Accounts, and report thereon.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We return the Resolve of your House for procuring the number of Dragoon Horses therein mentioned, concurred with.

Mr. Speaker and Gentlemen:

We return the Report of the joint Committee, appointed to take under consideration the Remonstrance of the Merchants of Edenton, concurred with by this House.

Received the Resolve and Report referred to in the foregoing Messages. Endorsed in the House of Commons 29th June, 1781. Concurred with.

Received from the Commons a Bill to empower the Governor to issue Commissions of Oyer & Terminer and General Gaol Delivery. Endorsed in the House of Commons 29th June, 1781. Read the second time & passed.

Ordered said Bill be read. The same being read was rejected.

Received from the Commons a Bill to indemnify all such persons as have put to death any of the subjects of this State, being known & notorious Enemies & Opponents of the Government thereof. Endorsed in the House of Commons 29th June, 1781. Read the first time and passed.

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

General Butler moved for leave and presented a Bill for receiving to grace and favor all such Persons who shall take the benefit thereof, and for other purposes; which was read the first time, passed & sent to the Commons.

Adjourned until To-morrow Evening 5 O'clock.


Saturday 30 June, 1781.

The House met.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve for raising a Company o Light Horse in Onslow County, &c.

-------------------- page 828 --------------------

Received the Resolve above referred to, which being read was rejected, whereupon,

Resolved, That a Company of Light Horse be immediately raised by voluntary Enlistment, consisting of Forty Persons, for the protection of the Salt Works on Topsail Sound and New River, and such other Duty within the District of Wilmington as the Commanding Officer of the said District may direct. That John King be appointed Captain, John Mason, Lieutenant, and Anthony Milford, Cornet of said Company; to be continued in such Service so long as may be judged necessary by the Governor & Council. And in case they continue in actual Service for the space of three months, it shall be considered as a tour of Military Duty. Said Company finding their own Horses and Arms during the said service.

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

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve for raising a Company of Light Horse in Onslow County, which we wish to adopt, instead of the one that had been entered into by your House.

Received from the Commons a Bill for securing all articles left by the British Troops in this State, taken from the Citizens as well as others, and for other purposes. Endorsed in the House of Commons 30th June, 1781. Read the first time & passed.

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

Received from the Commons a Bill allowing salaries to the Governor, Delegates, Judges of the Superior Courts, Attorney General, Public Secretary, Treasurers & Members of the Council of State. Endorsed in the House of Commons 29th June, 1781. Read the first time & passed.

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

Received from the Commons a Bill for raising Troops for the Defence of this State, and for other purposes. Endorsed in the House of Commons 30 June, 1781. Read the first time & passed.

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

Received from the Commons the following Message:

-------------------- page 829 --------------------

Mr. Speaker and Gentlemen:

The Commons have appointed Messrs. Person, Hawkins, Starkey, & Henderson as a Committee on their part, who will act jointly with such Gentlemen as you may appoint, to enquire into the losses of Colonel Reed, alluded to in General Greene's Letter of the 11th Instant, and to report what recompence is proper to be made him. This proposal being read was rejected.

Mr. Speaker and Gentlemen:

We return the Resolve of your House for raising a Company of Light Horse in Onslow County, instead of the one adopted by this House for that purpose, concurred with.

Received the report referred to in the foregoing Message. Endorsed in the House of Commons 30 June, 1781. Concurred with.

General Butler from the joint Committee, appointed to take under consideration the Papers laid before the General Assembly by the late & present Governor, reported as followeth:

The Committee appointed to take under Consideration the Letters from the Delegates of this State in Congress, the Resolve of Congress and other Public Papers, laid before the Assembly by our late & present Governor, having duly deliberated on the greater part of them, beg leave to report in part—

That in order to effect the purpose of paying up the quotas of the Money of this State, required by Congress from the United States as recommended in a Letter from the Delegates in Congress of the fifth of May last, it is the opinion of your Committee a clause should be inserted in the Tax Bill, laying a Tax in Continental Money, to be appropriated solely to the Discharge of the said quota.

That the act prohibiting the Exportation of Provisions from this State be continued until the next Session of Assembly, agreeable to the Resolve of Congress on that subject.

That a Resolution be entered into directing His Excellency the Governor to take proper Measures for carrying into Execution the Resolve of Congress of the fifth of January last relative to the making Retaliation upon the British Prisoners in our possession by exercising on them in all respects the like Treatment as our prisoners in their possession receive.

That an act should be passed investing Congress with the Power of levying for the use of the United States a Duty of Five per Cent.

-------------------- page 830 --------------------
upon all Goods and Merchandise which may be imported from any of the foreign Islands, Ports and plantations, except Arms, Ammunition, Clothing, and other Articles imported on account of the United States or any of them; except, also, Wool Cards and Cotton Cards, and Wire for making them, and Salt, during the War; and also a like Duty of Five per Cent. on all Prizes and Prize Goods condemned in the Courts of Admiralty of any of the United States as lawful Prize, to be appropriated to the Discharge of the Principal and Interest of the Debts contracted or to be contracted on the faith of the United States, and that such power shall continue until the said Debts shall be fully and finally discharged.

That the Ordinance of Congress establishing Courts for the Trial of Piracies and Felonies committed on the high Seas be printed amongst the Laws of the State and considered as part of them.

JOHN BUTLER, Chairman.

The House, taking the foregoing Report into consideration, concurred therewith, and ordered that, with the following Message, it be sent the Commons:

Mr. Speaker and Gentlemen:

You will herewith receive the report of the joint Committee appointed to take under consideration the Papers laid before the Assembly by the late and present Governor of this State, concurred with by this House.

Adjourned till Monday Morning 9 O'clock.


Monday, 2nd July, 1781.

The House met.

Read a Letter from General Jones, of the 27th Ulto., also one of the 28th; a Letter from Colonel Parker, of Virginia, of the 27th, and likewise a Letter from the Honorable Samuel Johnston, Esqr. Ordered that they be sent, with the following Message, to the House of Commons:

Mr. Speaker and Gentlemen:

We send for your perusal a Letter of the 27th and a Letter of the 28th Ulto. from Brigadier General Jones, addressed to the General Assembly; we also send Messrs. Johnson & Parker's Letters therein alluded to.

-------------------- page 831 --------------------

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your perusal and consideration two Messages from His Excellency the Governor, with the several Papers therein referred to.

Received the Message and Papers above alluded to, which were read.

Mr. Speaker and Gentlemen:

This House propose referring the Letters of the 28 and 27th Ulto. from General Jones to a joint Committee, and have for that purpose on our part appointed Messrs. Balfour, Smith, Bryan, Branch, Green, Henderson & Payne a Committee.

Ordered that Messrs. Macon, Taylor & Williams act on this Committee, & that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

Mr. Macon, Colonel Taylor & Colonel Williams will act with the gentlemen by you appointed to report on General Jones' Letters of the 28th & 29th Ult.

Ordered that Colonel Irwin, Gen. Butler, & General Lock be a committee on the part of this House to prepare and bring in a Bill for drafting the Militia of this State, &c., and that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

Colonel Irwin, General Butler, and General Lock will act in conjunction with such of your Body as may be appointed to prepare and bring in a Bill for drafting the Militia of this State to reinforce the Southern Army.

Mr. Johnson moved for leave and presented a Bill for vesting a power in the Honorable the Continental Congress to levy a Duty of 5 per Cent on all Foreign Merchandises, except such articles as are therein exempted, and for other purposes, which was read the first time, passed & sent the Commons.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We return the report of the joint Committee appointed to take

-------------------- page 832 --------------------
under consideration the Papers laid before the Assembly by the late & present Governor of this State, concurred with by this House.

Received the report referred to in the foregoing Message. Endorsed in the House of Commons 2nd July, 1781. Concurred with.

Mr. Speaker and Gentlemen:

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

Received the Message from his Excellency the Governor above referred to, which was read.

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve requesting his Excellency the Governor to commission the Justices therein mentioned for Perquimans County.

The Resolve above referred to, being read, was ordered to lie for consideration.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence the report of the Committee appointed to take under consideration the Petition of David Allen and others; also a Resolve of this House in consequence thereof.

Received the report and Resolve referred to in the foregoing Message, which, being read, were rejected.

On motion, Resolved, that the Clerks of the respective County Courts in this State do, to the next Session of the General Assembly, make Return on oath, of all such persons who are now mentioned in the Commission of Peace for such County, and are dead, removed out of the County, have taken Protection from the Enemy, or have declined qualifying, that due notice be taken of all such by the Genl. Assembly.

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

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve directing the Clerks of the respective County Courts in this State to make Return to the General Assembly as therein directed.

-------------------- page 833 --------------------

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

The Commons have appointed Messrs. Tilman, Spaight, Benton, Phifer, and Hawkins a Committee on their part to act with the Gentlemen by you appointed to prepare and bring in a Bill for drafting the Militia of the State to reinforce the Southern Army.

Received from the Commons a Bill for securing all Articles left by the British Troops in this State taken from the Citizens as well as others, and for other purposes. Endorsed in the House of Commons 2nd July, 1781. Read the second time & passed.

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

Received also a Bill for protecting the Navigation of Ocracoke Bar and the Sounds and Rivers communicating therewith, and other purposes. Endorsed in the House of Commons 2nd July, 1781. Read the third time & passed.

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

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We return the resolve of your House directing the Clerks of the respective County Courts in this State to make return to the General Assembly as therein mentioned, concurred with.

Received the Resolve above referred to. Endorsed in the House of Commons 2nd July, 1781. Concurred with.

Received from the Commons a Bill for levying a Money and Specific Tax for the year 1781. Endorsed in the House of Commons 2nd July, 1781. Read the first time & passed.

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

Adjourned till To-morrow Morning 6 O'clock.


Tuesday, 3rd July, 1781.

The House met.

Mr. Coor moved for leave and presented a Bill directing the Duty of Naval Officers and for preventing the Exportation of Provisions for a limited time, & for other purposes, which was read the first time, passed & sent the Commons.

-------------------- page 834 --------------------

Received from the Commons a Bill for appointing District Auditors for settling the Pay of the Militia and other Claims against this State. Endorsed in the House of Commons 2nd July, 1781. Read the second time & passed.

Ordered said Bill be read. Read, amended, passed the second time & sent the commons.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence the Report of the Committee appointed to take under consideration Genl. Jones' Letter, concurred with by this House. Should you concur with it, we request that you would cause the latter Paragraph to be handed to His Excellency the Governor.

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

Mr. Speaker and Gentlemen:

We return the report of the joint Committee on General Jones' Letter, concurred with, & have caused a Copy thereof to be presented His Excellency the Governor.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve empowering and directing His Excellency the Governor to exercise the Law of Retaliation on British Prisoners in our Possession.

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

Mr. Speaker and Gentlemen:

The Resolve of your House directing His Excellency the Governor to exercise the Law of Retaliation on British Prisoners in our Possession we return you, concurred with.

Received from the Commons a Bill drafting the Militia to reinforce the Southern Army. Endorsed in the House of Commons 3rd July, 1781. Read the first time and passed.

Received from the Commons a Bill for the more effectually punishing the Enemies of this and the United States, and other purposes. Endorsed in the House of Commons 3rd July, 1781. Read the first time & passed.

-------------------- page 835 --------------------

Ordered said Bill be read. The same being read, was rejected.

Received also the Bill for receiving to Grace and Favor all such persons who shall take the Benefits thereof, and for other purposes. Endorsed in the House of Commons 3rd July, 1781. Read the first time and passed.

Ordered said Bill read. The same being read, was rejected.

Received likewise a Bill for drafting the Militia to reinforce the Southern Army. Endorsed in the House of Commons 3rd July, 1781. Read the second time and passed.

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

Adjourned till To-morrow Morning 6 O'clock.


Wednesday, 4th July, 1781.

The House met.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve for admitting no new Bill after Tomorrow.

The Resolve above referred to being read, was rejected.

Received from the Commons a Bill to regulate and ascertain several Officers' Fees in this State. Endorsed in the House of Commons 3rd July, 1781. Read the first time and passed.

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

Received from the Commons a Bill to amend and explain an act entitled an Act for Establishing Courts of Law and regulating the proceedings therein. Endorsed in the House of Commons 4th July, 1781. Read the first time and passed.

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

Received also a Bill to amend an act passed at New Bern in May, 1780, entitled an Act to enlarge the jurisdiction of justices of the Peace, and for other purposes. Endorsed in the House of Commons 3rd July, 1781. Read the first time & passed.

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

-------------------- page 836 --------------------

A Bill directing the Duty of Naval Officers, and for preventing the Exportation of Provisions for a limited time, & for other purposes. Endorsed in the House of Commons 3 July, 1781. Read the first time & passed.

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

Received likewise, a Bill to relieve all such persons as are rendered incapable of procuring themselves and Families Subsistence, by reason of wounds received in defence of their Country, and for other purposes. Endorsed in the House of Commons 3 July, 1781. Read the second time, amended & passed.

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

Received from the Commons the Bill for drafting the Militia to reinforce the Southern Army. Endorsed in the House of Commons 4 July, 1781. Read the third time, amended & passed.

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

Received a Bill for vesting a power in the honorable, the Continental Congress, to levy a Duty of Five per Cent. on all Foreign Merchandize, except such Articles as are therein excepted. Endorsed in the House of Commons 3 July, 1781. Read the first time & passed.

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

Received also, a Bill for authorizing the Juries in all Trials in the Courts of Law, in future, to allow depreciation if any there be, on the present Currency of this and the United States. Endorsed in the House of Commons 3 July, 1781. Read the second time, amended & passed.

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

Received likewise, a Bill allowing Salaries to the Governor, Delegates, Judges of the Superior Courts, Attorney General, Public Secretary, Treasurers, Members of the Council of State & Public Printer. Endorsed in the House of Commons 3 July, 1781. Read the second time, amended & passed.

-------------------- page 837 --------------------

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

Colonel Taylor moved for leave and presented a Bill to amend an Act entitled an Act to regulate the Militia of this State, & for other purposes, which was read the first time, passed & sent the Commons.

Received from the Commons a Bill for raising Troops for the defence of this State, and for other purposes. Endorsed in the House of Commons 3rd July, 1781. Read the second time and passed.

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

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your perusal and consideration the Memorial of John Wilcox, of Chatham County, which we propose referring to a joint Committee to report on, and have on our part appointed Messrs. Person, Henderson, Balfour, & Futrell a Committee.

Ordered that Messrs. Rogers, Irwin, Shepperd, & Folsome act on this Committee, and that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

Colonel Rogers, Irwin, Shepperd, & Folsome will, with the Gentlemen by you appointed, consider of and report on the Petition of Mr. Wilcox.

Received from the Commons a Bill directing the Duty of Naval Officers and for preventing the Exportation of provisions for a limited time, and for other purposes. Endorsed in the House of Commons 4th July, 1781. Read the second time and passed.

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

On motion, ordered that the Honorable the Speaker of this House and Mr. Johnson be a Committee to prepare a Letter to be sent the Governor of Virginia requesting that Commonwealth to assist in defending Ocracoke Bar., &c., and that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Senate have appointed the Honorable the Speaker and Mr. Johnson a Committee who will act with such Gentlemen you may

-------------------- page 838 --------------------
appoint to prepare a Letter to be sent the General Assembly of Virginia, requesting that Commonwealth to assist in protecting the Navigation of Ocracoke Bar, &c.

Received from the Commons a Bill to vest in John Hay, his heirs and assigns, Two Thousand & Eighty Acres & one-third part of an Acre of Land on the Six Runs in Duplin County, late the estate of Arthur Dobbs, Esquire, deceased. Endorsed in the House of Commons 4th July, 1781. Read the first time and passed.

Ordered said Bill be read. Read & rejected.

Received also a Bill to relieve all such persons as are rendered incapable of procuring themselves and Families Subsistence by reason of wounds received in defence of their Country, and for other purposes. Endorsed in the House of Commons 4th July, 1781. Read the third time, amended & passed.

Received likewise a Bill to compel all such persons as have received or been entrusted with Public monies, or who by Virtue of their Office ought to have received Money for the use of the public, to account for the same, and for other purposes. Endorsed in the House of Commons 4th July, 1781. Read the first time & passed.

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

Adjourned till To-morrow Morning 9 o'clock.


Thursday, 5th July, 1781.

The House met.

Received from the Commons the following Messages:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Report of a Committee of this House on the Claim of Le Van Shellebuck (?), as also a Resolve in consequence thereof, directing the Treasurers or either of them to advance him a certain sum therein mentioned to reimburse him his Expenses, &c.

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

Mr. Speaker and Gentlemen:

The Resolve of your House in favor of Le Van Shellebuck we herewith return you, concurred with.

Received from his Excellency the Governor the following Message, addressed to the General Assembly:

-------------------- page 839 --------------------

Gentlemen:

The last Section of an Act passed this Session, entitled an Act for drafting the Militia to reinforce the Southern Army, involves some Ambiguities that will render the Execution thereof very precarious. The Act restrains the number of Militia to be called out for the use of the Southern Department to four thousand, which comprehends all that can be called out for the peculiar defence of this State and for Aids to the Sister States. The peculiar defence of the State may require a much greater number, and the Governor is bound to defend the State to the utmost of its powers. Should he find it necessary to embody a greater Force, and conceives himself authorized by the Constitution, others might be of a different Opinion, and a Dispute between Constitutional and Legislative Powers may delay the Execution of necessary Orders and destroy all Vigor and Energy. Also the same Section makes the advice of Council necessary for the disposition of Troops.

Dispositions must be often made & altered when Council cannot be consulted, and will often depend on the disposition of the Enemy, which a Council can neither foresee nor control, and which may render the least delay fatal. The Constitution makes the Governor Commander-in-Chief of the Militia, and necessarily gives him the Power of making dispositions.

A restraint so inconvenient and dangerous could not be intended, and must be the Effect of Mistake or Inadvertence.

I presume the General Assembly will explain this Section so as to prevent the Inconveniences I have suggested, and to enable the Governor, with the advice of the Council, to send Aids to the Sister States without weakening the power of internal defence.

As my conduct must be greatly influenced by the deliberations of the General Assembly on this Matter, I request that I may be favored with the Result thereof before the rising of the Session.

I have the honor to be, &c.,
THOMAS BURKE.

Ordered that His Excellency's Message, with the following, be sent the Commons:

Mr. Speaker and Gentlemen:

We send for your perusal a Message from His Excellency the

-------------------- page 840 --------------------
Governor, in consequence of which we have appointed Messrs. Coor and Irwin to consider of and report on the defects of the said Bill, as pointed out by His Excellency, who will act jointly with such of your Body as may be appointed for that purpose.

This Measure, though not heretofore practiced, we conceive is neither unconstitutional nor uncomplimentary, as this Bill has not had a Ratification.

Received from the Commons a Bill to amend an Act entitled an Act to regulate the Militia of this State, and for other purposes. Endorsed in the House of Commons 4th July, 1781. Read the first time & passed.

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

Received from the Commons the following Messages:

Mr. Speaker and Gentlemen:

We herewith send for your perusal the Petition of Thomas Cabur (?), addressed to the General Assembly.

The Petition referred to being read, was rejected.

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve recommending to Major General Greene to discharge those persons who fled from the action at Guilford Court House, and who were turned over into the Continental Service, so soon as the situation of affairs will admit of such an act of Benevolence.

Received the resolve referred to, which, being read, was rejected.

Mr. Speaker and Gentlemen:

We herewith send you a Letter from Colonel Malmedy, which we propose committing to a joint Committee. We have on our part appointed Messrs. William Bryan, Wilson, Horne, Balfour, Hawkins, and Smith, who will act with such Gentlemen as you may appoint, immediately take the same under consideration & report thereon.

Ordered that Messrs. Coor, Macon, Everagin, Irwin, Rogers, and Spicer act on this Committee, & that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

Messrs. Coor, Macon, Everagin, Irwin, Rogers, and Spicer will,

-------------------- page 841 --------------------
with the Gentlemen by you appointed, consider of & report on Colonel Malmedy's Letter.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send you the Memorial of John Humphreys, Esqr., which we propose referring to a joint Committee, and have on our part appointed Messrs. Easton, Smith, and Starkey a Committee.

The Memorial referred to being read, was rejected.

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House permitting Harrison Macon to send four Hogsheads of Tobacco to Charlestown, for the purpose therein mentioned; also the Petition of the said Macon, by which we have been induced to enter into the said Resolve.

The resolve referred to being read, was concurred with, & the following Message ordered to be sent the Commons:

Mr. Speaker and Gentlemen:

The Resolve of your House in favor of Captain Harrison Macon we return you herewith, concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

The Commons have appointed Mr. Payne and Mr. Smith to act on their part with the Gentlemen by you appointed to prepare a Letter to be sent the Assembly of Virginia respecting the protection of the Navigation of Ocracoke Bar.

Mr. Speaker and Gentlemen:

We herewith send for your perusal a Letter from Henry Mounger (?).

Received the Letter referred to, which was read.

Colonel Taylor moved for leave and presented a Bill to enable the Justices of New Hanover County to hold a Court in any part of the County, and other purposes, which was read the first time, passed & sent the Commons.

Received from the Commons a Bill for vesting a power in the Honorable the Continental Congress to levy a Duty of 5 per Cent. on all Foreign Merchandise, except such Articles as are therein excepted,

-------------------- page 842 --------------------
and for other purposes. Endorsed in the House of Commons 5th July, 1781. Read the second time & passed.

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

Whereas, There is no particular allowance made by Law for the pay of the late District Auditors and their Secretaries,

Resolved, That the late Auditors do allow the late District Auditors and their Secretaries the Sum of Sixteen Shillings Specie for each day's Attendance on the duties of their appointment under an Act of Assembly entitled an Act for appointing District Auditors for the settlement of public Claims, and grant Certificates for the same, as for other Claims against the State.

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

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve relative to the late District Auditors in this State.

On motion, Resolved, that Richard Caswell, Esquire, formerly Governor of this State, be requested to lay before the General Assembly at this next Meeting, or before such persons as they may appoint, the Journals of his Council of State, and also furnish the Assembly, or such persons as they may appoint, with an account of what Money he hath received from the Public, and how applied; and what warrants were issued by him during his administration upon the Treasury of this State, and also that he make Returns and Account for such Arms, Ammunition, and other Military or public Stores as were in his possession, or immediately in his Care & disposal during the time aforesaid.

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

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve requesting Richard Caswell, Esquire, formerly Governor of this State, to lay before the next Assembly Accounts as therein mentioned.

Adjourned till To-morrow Morning 10 O'clock.


Friday, 6th July 1781.

The House met.

Received from the Commons the following Message:

-------------------- page 843 --------------------

Mr. Speaker and Gentlemen:

The Commons have appointed Messrs. Williams, Benton, Green, & Macon a Committee on their part who will act jointly with such Gentlemen of the Senate as may be appointed to Settle with such of the County Commissions as may be ready to have their Accounts adjusted.

This Measure being considered of, was rejected.

Mr. Speaker and Gentlemen:

The commons have appointed Messrs. Bryan, Williams, Person, Starkey, Smith, & Balfour to act with the Gentlemen by you appointed to report upon the defects of the Bill alluded to in His Excellency the Governor's Message.

On motion Resolved, That Abner Nash, Esquire, late Governor of this State, be requested to lay before this General Assembly at their next Meeting, or before such persons as they may appoint, the Journals of his Council of State and the Proceedings of the Council Extraordinary; and also furnish the Assembly with an Account of what money has been emitted, how applied, and what warrants have been issued by him upon the Treasurers of this State; on what account and upon what Terms the Guns, the property of the public, have been taken from Edenton and Beaufort & delivered to private persons, and lastly, what Passports he hath given to vessels for the Exportation of provisions during his Administration.

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

Mr. Speaker and Gentlemen:

We send for Concurrence a Resolve requesting Abner Nash, Esquire, late Governor of this State, to lay before the General Assembly at their next Session, Accounts as therein mentioned.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send you the Report of the Joint Committee, to whom was referred the Letter from His Excellency the Governor, respecting an act passed this Session of Assembly. Concurred with by this House.

Received the Report as above referred to, which being read was

-------------------- page 844 --------------------
concurred with, and the following Message ordered to be sent the Commons:

Mr. Speaker and Gentlemen:

The Report of the Committee on His Excellency's Message respecting the Act therein referred to, we return you concurred with.

Received from the Commons a Bill for the more speedy Trial of all persons charged with Treason, or Misprision of Treason, against this State, or the United States, & other purposes. Endorsed in the House of Commons 6 July, 1781. Read the first time & passed.

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

A Bill to enable the Justices of New Hanover County to hold a Court in any part of the County, and other purposes. Endorsed in the House of Commons 6 July, 1781. Read the first time & passed.

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

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send you the Memorial of Colonel Linton, which we propose referring to a joint Committee, and have for that purpose appointed Messrs. Starkey, McDowell, Williams, Person and Genl. Bryan a Committee.

Ordered that Messrs. Lock, Butler, Macon & Taylor act on this Committee, & that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

General Lock, Messrs. Butler, Macon & Taylor will act with the Gentlemen by you appointed to consider of Colonel Linton's Memorial.

On motion, agreed that the Memorial of John Humphries, Esqr., yesterday rejected, be reconsidered; the same being read,

Ordered that Messrs. Salter, McKenzie & Bryan be a Committee to report thereon, & that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Senate have appointed Messrs. Salter, McKenzie and Bryan a Committee, who will act jointly with the Gentlemen by you appointed

-------------------- page 845 --------------------
to consider of the Memorial of John Humphries, Esquire.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

The Commons have appointed Messrs. Medlock, Balfour and Williams to act with the Gentlemen by you appointed to report on the Address from Montgomery County.

Mr. Speaker and Gentlemen:

The Resolve of your House relative to the late district Auditors, &c., we return you herewith concurred with.

Received from the Commons a Bill for continuing the district Auditors, directing their duty in Office, and for other purposes. Endorsed in the House of Commons 6 July, 1781. Read the first time & passed.

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

Received from the Commons a Bill to amend an act passed at Newbern in May, 1780, entitled an Act to enlarge the Jurisdiction of Justices of the Peace, and for other purposes. Endorsed in the House of Commons 5 July, 1781. Read the second time & passed.

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

Received also the Bill for Securing all Articles left by the British Troops in this State, taken from the Citizens as well as others, and for other purposes. Endorsed in the House of Commons 4 July, 1781. Read the third time and passed.

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

Adjourned till To-morrow Morning 9 O'clock.


Saturday 7th July, 1781.

The House met.

General Butler from the joint Committee, appointed to take under consideration the Memorial of Colonel Linton, reported as followeth:

The Committee appointed to take under Consideration the Memorial of Colonel William Linton, beg leave to report:

That whereas, the Troops enlisted by Colonel Linton and his Officers involves some difficulties respecting the Bounty Pay,

-------------------- page 846 --------------------
Cloathing, &c., of the said Troops, your Committee are of opinion that they be immediately discharged as to this present Enlistment so as not to exonerate them, or any of them, from any Penalties they, or any of them, have incurred from any former delinquency or disobedience to the Laws of the Land.

Your Committee are also of opinion that such Men who have enlisted to avail themselves of any delinquency, or any other misconduct, and have furnished Substitutes in consequence thereof, that such Substitutes ought to serve 12 Months in the State or refund the Money or other Articles received from such person, and the Hirer to remain in his former situation.

JOHN BUTLER, Chm.

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

Mr. Speaker and Gentlemen:

We send herewith the Report of the joint Committee appointed to take under consideration the Memorial of Colonel William Linton. Concurred with by this House.

Mr. Johnson moved for leave and presented a Bill to enable the Governor, with the advice of the Council, to procure tobacco for the purpose of obtaining Arms, &c., which was read the first time, passed & sent the Commons.

Received from the Commons the Bill to regulate and ascertain the several Officers' Fees therein mentioned. Endorsed in the House of Commons 6 July, 1781. Read the second time, amended & passed.

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

Colonel Taylor moved for leave and presented a Bill for the more effectual regulation of the Commissary Department, which was read the first time, passed and sent the Commons.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve declaring certain Entries of Lands made in the Entry Office of Rutherford County null and void, &c.

-------------------- page 847 --------------------

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

Mr. Speaker and Gentlemen:

We herewith return the Resolve of your House declaring void certain entries of Lands made in the Entry Office of Rutherford County. Concurred with.

Received from the Commons a Bill for the relief of such persons as have taken Paroles, and for other purposes. Endorsed in the House of Commons 7 July, 1781. Read the first time and passed.

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

Also, a Bill to vest the executive power of Government in the present Governor, and to continue the Delegates from this State to the Continental Congress, til the 15 day of April next on the Contingency therein mentioned, & for other purposes. Endorsed in the House of Commons 7 July, 1781. Read the first time.

Ordered said Bill be read. Read & rejected.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

The Report of the joint Committee on the Memorial of Colonel Linton, we return herewith concurred with.

Received the Report referred to endorsed in the House of Commons 7 July, 1781. Concurred with.

General Butler from the joint Committee appointed to take under Consideration the Petition of Sundry, the Inhabitants of Montgomery County, in favour of Mark Allen and Joel McClendon, Esquires, reported as followeth:

That on examining into the circumstances of the Charge, and hearing the defence of the above mentioned Gentlemen, it appears to your Committee the Charge is groundless, and that the said Gentlemen never have behaved inimical to their Country and have neither taken protection or Parole. Your Committee are therefore of opinion that the said Gentlemen, Mark Allen and Joel McClendon, Esquires, who were suspended from acting in the Commission of the Peace, be released from such suspension. All which is humbly submitted.

JOHN BUTLER, Chmn.
-------------------- page 848 --------------------

The House taking the Report into Consideration concurred therewith, and ordered it be sent with the following Message to the House of Commons.

Mr. Speaker and Gentlemen:

We send herewith the Report of the joint Committee on the address from Montgomery County. Concurred with by this House.

Received from the Commons a Bill for the more effectual regulation of the Commissary Department. Endorsed in the House of Commons 7 July, 1781. Read the first time & passed.

Ordered said Bill be read. Read second time & rejected.

Whereas, It appears to this General Assembly that the Justices of the County of Rutherford have lately appointed Jonathan Hampton, Esquire, Entry Taker in the room of David Miller in said County, the said Miller neither having resigned nor been impeached of Mal Conduct,

Resolved, Therefore, that the said Jonathan Hampton be no longer considered an Entry Taker of the said County of Rutherford, until said Miller shall be legally Misplaced; and, Resolved, further, that all Entries made or Warrants granted by the aforesaid Jonathan Hampton be and they are hereby declared null and void, as tho' the same had been neither made or granted.

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

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve respecting the Entry Officers & Entry Taker of Rutherford County, &c.

Read a Letter of the 7th Inst. from Colonel Davie, Com'y General of this State, and a Letter of the same Date from Mr. Joshua Potts, Superintending Commissary of Halifax District.

Ordered they be referred to a joint Committee; that Messrs. Salter, Jordan & Battle, on the part of this House, be a Committee for this purpose, & that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Senate have appointed Colonel Salter, Mr. Jordan, & Mr. Battle a Committee to take under Consideration the Letter from the Commissary General herewith sent you, who will for that purpose act with such Gentlemen of the Commons as may be appointed.

-------------------- page 849 --------------------

We propose that this Committee likewise take under consideration the letter from Mr. Potts, herewith sent, and the condition of the other Superintending Commissaries in this State; we further propose that these Gentlemen bring in a Bill to regulate the Commissary Department.

Adjourned till To-morrow Evening 3 o'clock.


Sunday, 8th July, 1781.

The House met.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence the report of the Committee of Propositions and Grievances and the Petition of Colonel Thomas Wooten, concurred with by this House:

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

Mr. Speaker and Gentlemen:

The Report of the joint Committee with Petition of Colonel Thomas Wooten we return herewith, concurred with.

Received also the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence the Report of the joint Committee on the Memorial of John Humphries, Esquire, concurred with by this House.

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

Mr. Speaker and Gentlemen:

We return herewith the Report of the Committee on the Memorial of Mr. Humphries, concurred with.

On motion, ordered that Genl. Butler, Colonels Irwin & Ramsey be a Committee on the part of this House to report on what Measures ought to be adopted effectually to secure from Ravage the Inhabitants of the Counties of Randolph and Chatham, and that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

This House have appointed Colonels Ramsey & Irwin, & General

-------------------- page 850 --------------------
Butler a Committee who will act jointly with such of your Body as may be appointed to report what Measures are necessary to be adopted to secure from Ravage the Counties of Randolph, Chatham & Cumberland.

Adjourned till To-morrow Morning 7 O'clock.


Monday, 9 July, 1781.

The House met.

Received from the Commons a Bill to enable the Governor and Commander in Chief for the time being during the recess of the General Assembly to purchase Arms, Ammunition, &c., for the present War. Endorsed in the House of Commons 9 July, 1781. Read the first time and passed.

Ordered said Bill be read. The same being read, was rejected.

Read a Message from His Excellency the Governor of the 7 Inst.

Ordered it be referred to a joint Committee, and that Messrs. Butler, Irwin & Shepperd act on the part of this House for that purpose, and that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Senate propose that the Message from His Excellency the Governor of the 7 Inst. be referred to a joint Committee, and for that purpose have appointed Messrs. Butler, Irwin & Shepperd a Committee.

Received from the Commons a Bill to amend an Act passed at New Bern in May, 1780, entitled an Act to enlarge the Jurisdiction of justices of the Peace, and for other purposes. Endorsed in the House of Commons 7 July, 1781. Read the third time, amended & passed.

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

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We have appointed Messrs. Balfour, Williams, Hunter, McDowell, Miller & Person to act jointly with the Gentlemen by you appointed to report what Measures are necessary to be adopted to secure from Ravage the Counties of Chatham & Cumberland.

Mr. Speaker and Gentlemen:

The Commons have on their part appointed Messrs. Starkey,

-------------------- page 851 --------------------
Person, Lutrell, Smith & Wilson to act with the Gentlemen by you appointed to take under consideration the Letter from the Commissary General and the Letter from Mr. Potts, &c.

Mr. Speaker and Gentlemen:

We return herewith the resolve of your House respecting the Entry Office and Entry Taker of Rutherford County, &c., concurred with by this House.

Received the Resolve above referred to. Endorsed in the House of Commons 9 July, 1781. Concurred with.

Mr. Speaker and Gentlemen:

We return the report of the joint Committee on the address from Montgomery County, concurred with by this House.

Received the Report referred to. Endorsed in the House of Commons 9 July, 1781. Concurred with.

Received from the Commons a Bill to enable the Justices of New Hanover County to hold a Court in any part of the County, and other purposes. Endorsed in the House of Commons 9 July, 1781. Read the second time, amended & passed.

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

Colonel Taylor, from the joint Committee to whom was referred the Letter from Gen. Sumner and Colonel Robeson reported as followeth:

The Committee to whom was referred the Letter from Colonel Sumner and Colonel Robeson reported as followeth:

That your Committee are of opinion that for all Arrearages of Pay and Subsistence due the Officers and Soldiers of this State to the first day of August last, on Settlement of their Claims with the State Auditors, they shall be allowed Pay and Subsistence on the Establishment settled by Congress, & the Auditors be required to grant them indented Certificates in Specie, to carry an Interest of 6 per Cent.

And your Committee are further of opinion that in all Cases where the Officers and Soldiers have received their pay in State Currency it shall be accounted for at its real value at the time it was received, according to the depreciation admitted of by Congress.

Also that the Clothier General be directed to settle their Accounts

-------------------- page 852 --------------------
of Clothing and deliver them what appears to be their due; and in case there is not Clothing sufficient on hand, he is hereby directed to give each Officer a Certificate of what Clothing remains unpaid, that they may receive them at a future day.

Also that a just Proportion of Rum, Sugar, &c., when settled, be delivered to each Officer, according to his rank, and the Delinquents and others turned over to the Cont. Service ought to receive Clothing from the Continental Stores.

JOSEPH TAYLOR, Ch'n.

The House, taking said Report into consideration, Resolve that they do not concur therewith; and ordered that the Letters alluded to be recommitted, and that Messrs. Macon and Coor be added to this Committee, and that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

This House have received and rejected the Report of the joint Committee on the Letters from General Sumner and Colonel Robeson. They propose that these Letters be recommitted, and have added Messrs. Macon and Coor to the Committee.

On motion, Resolved, that Minor Collier and Hammin Man, who may be actually & personally employed in the Iron Works of David Allen, of Surry County, shall be exempted from Militia Drafts of three months, provided they continue in that employ for the Space of Six Months.

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

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve in favor of David Allen, of Surry County.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We return you the Resolve of your House in favor of David Allen, concurred with.

Received the Resolve. Endorsed in the House of Commons 9 July, 1781. Concurred with.

Mr. Speaker and Gentlemen:

We have appointed Messrs. Spaight, Smith, Williams and Person

-------------------- page 853 --------------------
on our part to act with the Gentlemen by you appointed to consider of the Governor's Message of the 7 Inst.

Mr. Speaker and Gentlemen:

This House agree that the Letters from General Sumner & Colonel Robeson be recommitted, and have added to the Committee Messrs. Balfour, Lutrell & Macon.

General Butler, from the joint Committee to whom was referred the consideration of the situation of the Inhabitants of the Counties of Chatham, Cumberland and Randolph, reported as followeth:

The Committee to whom was referred the consideration of the situation of Chatham, Randolph & Cumberland Counties are of opinion that the Commanding Officers of the said Counties ought each to raise a Company of Light Horse, to be raised in the said Counties & the Counties adjoining, consisting of 20 rank and File, officered by a Captain, Lieutenant & Cornett, who are to be employed separately and collectively, as Circumstances may require, to keep in Subjection and prevent in future the Villainous conduct of the disaffected within said Counties. And that the said Troops when formed be under the immediate command of the Officers who enjoy the oldest Commission, subject, nevertheless, to the direction of the Commanding Officer of the County where the same may be employed.

And your Committee also report that 'tis their opinion that the Commanding Officers be directed to discharge all persons who serve Two Months in the said Light Horse Service from a Tour of duty, and that they be entitled to the same Pay and Rations as other Militia within this State. Also that at the Expiration of their Tour as aforesaid the Commanding Officers of the Counties aforesaid each raise a Company of an equal Number, if to them it seems requisite to be employed in the same kind of Service, and to be entitled to the same Indulgencies as afore mentioned. All which is submitted.

JOHN BUTLER, Chr.

The House, taking this Report into consideration, resolved that they do not concur therewith, and ordered that the subject Matter thereof be recommitted, and that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

This House have read and rejected the report of the joint Committee

-------------------- page 854 --------------------
on the internal defence of the Counties of Chatham, Randolph & Cumberland, and propose that the subject matter thereof be recommitted.

Received from the Commons a Bill for raising Troops for the defense of this State and for other purposes. Endorsed in the House of Commons 5 July, 1781. Read the third time, amended & passed.

Ordered said Bill be read. The same being read was rejected.

Received from the Commons a Bill to amend and explain an Act entitled an Act for the establishing Courts of Law and regulating the Proceedings therein. Endorsed in the House of Commons 9 July, 1781. Read the second time & passed.

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

Mr. Coor moved for leave & presented a Bill for raising Troops from the Militia of this State for the defence thereof, & for other purposes, which was read the first time, passed & sent the Commons.

Received from the Commons the Bill for raising Troops from the Militia of this State for the defence thereof, & for other purposes, which was Endorsed in the House of Commons 9 July, 1781. Read the first time & passed.

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

Received from the Commons a Bill for obliging the Counties who have not furnished their quota of Continental Troops as required by a late act of the Genl. Assembly of this State, to furnish the same. Endorsed in the House of Commons 9 July, 1781. Read the first time and passed.

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

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

This House agree to recommit the Report of the Committee on the Internal Defence of certain Counties therein mentioned, and have added Col. Medlock & Mr. D. Smith to the said Committee.

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve directing the

-------------------- page 855 --------------------
Commissioners of Trade, or any other persons having public Tobacco in their Hands, to pay Mr. Humphries a certain quantity therein mentioned.

The Resolve referred to being read was rejected.

Received from the Commons the Bill for the relief of such persons as have taken Paroles, & for other purposes. Endorsed in the House of Commons 9 July, 1781. Read the 2nd time & passed.

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

Adjourned till To-morrow Morning 6 O'clock.


Tuesday 10 July, 1781.

The House met.

Received from the Commons a Bill allowing Salaries to the Governor, Delegates, Judges of the Superior Courts, Attorney General, Public Secretary, Treasurers, Members of the Council of State & Public Printer. Endorsed in the House of Commons 6 July, 1781. Read the third time, amended and passed.

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

Received from the Commons a Bill to amend an Act entitled an Act to regulate the Militia of this State, & for other purposes. Endorsed in the House of Commons 8 July, 1781. Read the second time, amended & passed.

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

Received also a Bill for raising Troops out of the Militia of this State for the defence thereof, and for other purposes. Endorsed in the House of Commons 10 July, 1781. Read the second time, amended and passed.

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

Received from the Commons the Bill for continuing the District Auditors, directing their duty in Office, and for other purposes. Endorsed in the House of Commons 9 July, 1781. Read the second time, amended and passed.

Ordered said Bill be read. The same being read, the House resolved itself into a Committee of the whole to take into consideration the amendments necessary to be made therein, John Spicer,

-------------------- page 856 --------------------
Esquire, in the Chair. Some time being spent therein, Mr. Speaker resumed the Chair & Mr. Chairman reported the several amendments of the Committee, which were read & entered in the Bill, which, being read with the amendments, passed the second time and was sent the Commons.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your perusal & Concurrence the report of the Committee appointed to take under consideration the Letter from Colonel Malmedy, and a Resolve of this House entered into in consequence thereof.

Received the Report and the Resolve, which, being read, ordered the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Senate will concur with the Resolve of your House for raising Dragoon Horses, provided you will dele the Name of Col. Wm. McKenney & insert that of Lewis Bryan, and dele the name of Henry Pope and insert that of James Vaughan.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

This House have received the Message of yours, proposing Amendments in the Resolve for raising Dragoon Horses, which they approve of, and have made the Resolve conformable thereto.

Adjourned until Tomorrow Morning 9 O'clock.


Wednesday 11 July, 1781.

The House met.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

This House propose that the number of Delegates from this State to Congress the current year should not exceed four, and propose balloting for those Officers, as also Treasurers, for the respective Districts, and the place where, and the time when the next Session of Assembly shall be held at Four O'clock this evening. And put in nomination for Delegates Samuel Johnson, Abner Nash, Ephraim Brevard, Chas. Johnson, Benj. Hawkins, Phil. Hawkins, jun., James Williams, Archibald McLaine, Alexander Martin and Alexander

-------------------- page 857 --------------------
Irwin, Esquires. For Treasurers: Robt. Lanier, James Brannon, for the District of Salisbury; Green Hill, for the District of Halifax; Timothy Bloodworth, for the District of Wilmington; William Skinner, for the District of Edenton; Richard Cogdell, for the District of New Bern; Matthew Jones and Memucan Hunt, for the District of Hillsborough. The place for holding the next Session of Assembly: Halifax, New Bern, Nutbush, Smithfield and Tarborough. The time when, the first Monday in November and the second Monday in January next.

Ordered the above Message lie on the Table.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

This House propose committing that part of General Greene's Letter of the 2 Ulto., which respects Colo. Reed, to a joint Committee to report on, and have on our part for that purpose appointed Messrs. Person, Williams, Macon & Bryan.

Ordered that Colonel Irwin and Colonel Taylor act on this Committee, and that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

Colonels Irwin and Taylor will act with the Gentlemen by you appointed to report on that part of General Greene's Letter alluded to, respecting Colonel Reed.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence the report of the joint Committee to whom was referred the Letter from General Sumner. Concurred with by this House.

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

Mr. Speaker and Gentlemen:

We return the Report of the Committee on General Sumner's Letter, concurred with by this House.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

The Commons propose Balloting Tomorrow at 4 O'clock in the

-------------------- page 858 --------------------
Evening for the Officers to command the Troops to be raised out of the Militia of this State, for the defence thereof, and put in nomination for Lieutenant Colonel Commandant, Benjamin Williams; For first Major, Richard Dobbs Spaight, William Brickell, Joel Lewis and Thomas James; for second Major, John Raiford and Wm. Eaton Johnson; for a Major of the Horse, Baron de Globeck, Joseph Hawkins & Guilford Dudley. If you accede to this Message you will signify the same by Message.

Ordered, that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Senate agree to ballot this evening at the time proposed for Officers to command the State Troops, and put in nomination for Lieutenant Colonel Commandant Benjamin Williams, Philip Taylor, Thos Bloodworth and John Dickenson, Esquire; for first Major, Richard Dobbs Spaight, William Brickell & Joel Lewis, Esqrs.; for second Major Wm. Eaton Johnson, Thomas James, John Raiford & Barnett Pulliam, Esquires; for a Major of the Horse, Joseph Hawkins and the Baron de Globeck.

We propose that Delegates, Treasurers, one member of the Council of State, in the stead of Col. Phil. Hawkins who declines acting, and the time and place for holding the next Assembly be balloted for at the same time. And put in nomination for Delegates Samuel Johnson, William Sharpe, Ephraim Brevard, Robeson Irwin, Phil Hawkins, jun. and Charles Johnson; for a Counsellor John Taylor, Thomas Eaton and Bromfield Ridley; for Treasurers, as nominated by your House; for the next Assembly the place where, New Bern & Salem; the time when, the first Monday in November; Mr. Rogers and Mr. Coor, Superintendents.

Received from the Commons a Bill to enable the Governor, with the advice of the Council, to procure Tobacco for the purpose of obtaining Arms. Endorsed in the House of Commons 9 July, 1781. Read the first time & passed.

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

Mr. Rogers and Mr. Coor from the joint Balloting reported, that having agreeable to the order of the House attended the same, on Summing up the votes it appeared that William Sharpe, Samuel Johnson, Charles Johnson and Ephraim Brevard, Esqrs., were

-------------------- page 859 --------------------
chosen Delegates to represent this State in the Continental Congress; that,

Whitmel Hill, Esqr., was chosen Counsellor in the stead of Philemon Hawkins, Esqr., resigned; that,

William Skinner for the District of Edenton, Green Hill for the District of Halifax, Robert Lanier for the District of Salisbury, Richard Cogdell for the District of New Bern, Timothy Bloodworth for the District of Wilmington, and Matthew Jones for the District of Hillsborough were chosen Treasurers; that,

Benjamin Williams, Esquire, was chosen Lieutenant Com'dr of the State Troops; Joel Lewis, first Major, and the Baron be Globeck, Major of the Horse. That the Assembly is to meet on the first Monday in November next at Salem. That these several appointments were made by a Majority of the Votes of both Houses, and that a second Major in the State Troops remained yet to be balloted for. The House taking this report into consideration Resolved, that they do concur therewith.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House directing the Board of Auditors to allow a certain sum therein mentioned to certain persons in and about Edenton.

The Resolve referred to being read was rejected.

Adjourned till Tomorrow Morning.


Thursday 12 July 1781.

The House met.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve of this House for ascertaining the pay of the Members of the General Assembly.

The Resolve referred to being read was rejected and the following Message ordered to be sent the Commons.

Mr. Speaker and Gentlemen:

The Senate have received the Resolve of the Commons ascertaining the Pay of the Members of the Genl. Assembly with which they do not concur but propose that the estimate be made out to include

-------------------- page 860 --------------------
Saturday next. That the allowances of the Members be four Hundred Dollars per day, for going to attend and returning from the Session which was to have been held at New Bern in April last. Four hundred Dollars per day for coming to and returning from the present Session, and two Hundred Dollars per day for Attendance thereon.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence the report of the joint Committee, to whom was referred the consideration of the Situation of the Counties of Chatham and Randolph. Concurred with by this House.

Received the report referred to, which being read was concurred with, & the following Message ordered to be sent the Commons.

Mr. Speaker and Gentlemen:

The Report of the Committee on the Situation of Chatham and Randolph Counties we return you concurred with.

Received from the Commons the Bill for the relief of such persons who have taken Paroles, & for other purposes. Endorsed in the House of Commons 12 July, 1781. Read the third time, amended and passed.

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

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve directing the Commissioners of Trade to furnish Mr. Robert Hightower a certain quantity of Tobacco, &c.

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

Mr. Speaker and Gentlemen:

We return herewith the Report of your House allowing Mr. Hightower a quantity of Tobacco therein mentioned. Concurred with.

Received also the following Message:

Mr. Speaker and Gentlemen:

We return herewith the Report of the joint Committee and the

-------------------- page 861 --------------------
Resolve of your House in favor of Colonel James Reed. Concurred with.

Received likewise the following Message:

Mr. Speaker and Gentlemen:

We send for you concurrence a Resolve for appointing a Marshal for the Court of Admiralty for Port Currituck.

Received the Resolve referred to, which was read, concurred with and the following Message ordered to be sent the Commons.

Mr. Speaker and Gentlemen:

The Resolve of your House appointing a Marshal of the Court of Admiralty for Port Currituck we return you concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

This House have appointed Messrs. Smith, Balfour, Henderson and Person a Committee on their part who will act jointly with such Gentlemen as you may appoint, to examine and report on the Estimate from Congress and remonstrate on the Situation of this State.

Ordered that Messrs. Coor, Bryan and Irwin act on this Committee and that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Senate have appointed Messrs. Coor, Bryan and Irwin, who will act jointly with the Committee by you appointed to examine and report on the Estimate from Congress and remonstrate on the present Situation of this State.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House appointing a Judge of the Court of Admiralty pro Tempore for the port of Beaufort.

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

Mr. Speaker and Gentlemen:

Your Resolve appointing a Judge of the Court of Admiralty pro Tempore for the port of Beaufort we return you herewith, concurred with.

-------------------- page 862 --------------------

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

The Commons, thinking the allowance as ascertained by them not more than adequate to their Expenses, wish that the Senate would reconsider and reflect on their own Expenses, after which they think that the Senate will concur in the Allowance as ascertained in their Resolve.

Ordered the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

This House cannot agree that any larger Sum be allowed the Members of Assembly than Five Hundred Dollars per day for going to, continuing at and in returning from the Session which was to have been held at New Bern in April last; Five Hundred Dollars per day for coming to and returning from the present Session and two hundred and Fifty Dollars per day for attending thereon.

Adjourned till To-morrow Morning 7 O'clock.


Friday, 13 July, 1781.

The House met.

Mr. Battle introduced an account of the Honorable Robert Bignall, Esquire, for attendance on the Council Body; whereupon,

Resolved, That Robert Bignall, Esquire, be allowed the Sum of Fourteen Thousand seven Hundred and Forty-four pounds for attendance on the late Council Board; that the Treasurers or either of them pay him the same, and be allowed.

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

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve allowing Robert Bignall, Esqr., a certain sum therein mentioned.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve for allowing John Spicer, Sen., Esqr., a certain sum therein mentioned for his attendance on the Council as a Member thereof.

Received the Resolve referred to, which, being read, was rejected; whereupon,

-------------------- page 863 --------------------

Resolved, That John Spicer, Sen., Esqr., be allowed the sum of nine Thousand and Eighty pounds for attendance on the late Council Board; that the treasurers or either of them pay him the same and be allowed.

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

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve allowing John Spicer, Esqr., a certain sum therein mentioned, which we wish to substitute instead of the one on that Head entered into yesterday by your House.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your perusal & consideration a Petition from sundry of the Officers of the Militia of Salisbury District.

The Petition referred to being read, Resolved, that the consideration thereof be deferred until the next Session of Assembly.

Received from the Commons the Bill for continuing the District Auditors, directing their duty in Office, and for other purposes. Endorsed in the House of Commons 13 July, 1781. Read the third time, amended & passed.

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

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

The Commons agree to your last proposed allowance to be made the Members for their attendance at New Bern and on this present Session.

Mr. Speaker and Gentlemen:

We herewith return the Resolve allowing John Spicer, Esqr., a certain sum therein mentioned, also, the Resolve allowing Robert Bignall, Esquire, a certain sum therein mentioned. Concurred with.

Received the Resolve referred to, Endorsed in the House of Commons 13 July, 1781. Concurred with.

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House for protecting certain of the frontier Counties in this State.

-------------------- page 864 --------------------

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

Mr. Speaker and Gentlemen:

The Resolve of your House for protecting certain of the frontier Counties of this State we return you concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve respecting Bennett Crafton, second Major of the Troops to be raised.

Received the Resolve referred to, which being read, was agreed to and the following Message ordered to be sent the Commons:

Mr. Speaker and Gentlemen:

The Resolve of your House appointing a second Major to the Troops to be raised for the defense of the State, &c., we return you, concurred with.

Received from the Commons the following Bills:

A Bill to enable the Governor, with the advice of the Council, to procure Tobacco for the purpose of obtaining Arms. Endorsed in the House of Commons 13 July, 1781. Read the second time, amended & passed.

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

A Bill to compel the Counties who have not furnished their quota of Continental Troops, as required by a late Act of the Genl. Assembly of this State, to furnish the same. Endorsed in the House of Commons 10 July, 1781. Read the second time, amended and passed.

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

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your Concurrence a Resolve of this House in favor of Matthew Collins.

Received the Resolve referred to which being read was rejected.

Received from the Commons a Bill to indemnify and absolve from criminal Prosecutions, all such persons as embodied under the

-------------------- page 865 --------------------
Circumstances, therein mentioned, have put to death any such of the rebellious Subjects of this State as are therein described. Endorsed in the House of Commons 12 July, 1781. Read the second time, amended & passed.

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

Received from the Commons a Bill to extend the powers of the Governor & Council on such occasion as is therein mentioned. Endorsed in the House of Commons 13 July, 1781. Read the first time and passed.

Ordered said Bill be read. The same being read was rejected.

Received from the Commons a Bill to amend and explain an Act entitled an Act for the Establishing Courts of Law and regulating the Proceedings therein. Endorsed in the House of Commons 10 July, 1781. Read the third time, amended & passed.

Ordered said Bill be read. The same being read was rejected.

Received from the Commons a Bill to compel the Counties who have not furnished their quota of Continental Troops, required by a late act of the General Assembly of this State, to furnish the same. Endorsed in the House of Commons 13 July, 1781. Read the third time, amended & passed.

Ordered said Bill be read. Read, passed & ordered to be engrossed.

Whereas, it appears to this House by Petition that the Lands of a certain—Aldridge, Father to William Aldridge of Rowan County, had been taken from him by David Caldwell, one of the Commissioners of Confiscated Property for said County, on suspicion of his, the said—Aldridge having had bound a son of his heretofore in Arms against the State, which fact the said Aldridge denies and it is yet unproved.

Resolved, therefore, that the said David Caldwell be, and he is hereby ordered and directed, to deliver up the said Land to him, the said Aldridge.

Whereas, Numbers of the Inhabitants of the several Counties in this State, who have heretofore joined and attached themselves to the Enemies thereof, having come to a proper sense of their duty and being duly penitent wish again to be admitted to the Privileges of Citizens, many of whom are now in the Continental Service, and

-------------------- page 866 --------------------
others have voluntarily enlisted with Brig. Gen. Sumner for the Space of Ten Months, many of the Families of which persons are reduced to Poverty in consequence of the Confiscation Act.

Resolved, therefore, that all persons who have voluntarily enlisted themselves in the Continental Service in any of the Battalions belonging to this State, or who have enlisted for the Term aforesaid with Genl. Sumner and are now in actual Service shall, in consequence hereof, be entitled to receive from the Commissioners of Confiscated Property all Articles and Property of every kind heretofore belonging to them, which Property said Commissioners are hereby required to deliver up, first taking Bond with sufficient Security for the redelivery of such Property when required by the General Assembly.

Read the Petition of Jno. Philip Clapp of Guilford County, praying, &c., whereupon.

Resolved, that Five Negroes, the Property of Jno. Philip Clapp of Guilford County, now in the Possession and care of the Commissioners of Confiscated Property for the county aforesaid, be restored to him, the said Clapp, he first giving Bond with sufficient security to the Commissioners for the delivery of said Negroes when called for by the General Assembly.

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

Mr. Speaker and Gentlemen:

We send for Concurrence a Resolve in favor of—Aldridge of Rowan, also a Resolve in favor of certain persons, heretofore Citizens of this State therein described, and likewise a Resolve in favor of Jno. Philip Clapp of Guilford County.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send you a List of the officers appointed to command the State Troops and propose that two Members be appointed from each House to settle their rank by Lot. We have appointed Mr. Macon & Mr. Payne for that purpose.

Ordered that Colonel Salter & Mr. Macon act on the part of this House for that purpose, and that the following Message be sent the Commons:

-------------------- page 867 --------------------

Mr. Speaker and Gentlemen:

Colonel Salter and Mr. Macon will act with the Gentlemen by you appointed to settle the rank of the officers appointed to command the State Troops.

Received from the Commons a Bill for the more Speedy Trial of all persons charged with Treason, or Misprision of Treason against the State or the United States, and other purposes. Endorsed in the House of Commons 6 July, 1781. Read the second time, amended & passed.

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

Read the Petition of Joseph Kerr of Rowan County, praying &c., whereupon,

Resolved, That the Commissioners of Confiscated Property for said County delivered into the possession of said Kerr one Slave to be employed in maintaining him, the said Joseph Kerr, until otherwise ordered by the General Assembly.

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

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve in favor of Joseph Kerr, of Rowan County.

Adjourned until To-morrow Morning 9 O'clock.


Saturday, the 14 July, 1781.

The House met.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House in favor of John Hay.

Received the Resolve referred to, which, being read, was rejected.

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve declaring that no Clause or Section in the Act therein mentioned shall affect the Constitutional powers of the Governor.

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

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Mr. Speaker and Gentlemen:

The Resolve of your House declaring that no Clause or Section in the Act therein recited shall affect the Constitutional powers of the Governor we return you, concurred with.

Received from the Commons the following Messages:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve appointing Joseph Hawkins, Esqr., Lt. Colonel of Warren County, S. C.

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve directing the Clerks of the General Assembly to make out a copy of the Acts of Assembly for His Excellency the Governor.

Received the Resolves referred to in the foregoing Message, which, being read, were concurred with, and the following Message ordered to be sent the Commons:

Mr. Speaker and Gentlemen:

The Resolve of your House appointing Joseph Hawkins, Esqr., Lt. Colonel of Warren County pro tempore, and the Resolve enjoining certain Duties on the Clerks of the General Assembly we return you, concurred with.

Received from the Commons a Bill to compel all such persons as have received or been entrusted with public Money to account for the same, and for other purposes. Endorsed in the House of Commons 10 July, 1781. Read the second time, amended & passed.

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

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve for appointing the Officers to command the Troops to be raised, &c.

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

Mr. Speaker and Gentlemen:

We return herewith the Resolve of your House for appointing the Officers to command the Troops to be raised, &c., concurred with.

Received from the Commons the following Message:

-------------------- page 869 --------------------

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve of this House for giving a Bounty of Twenty pounds, &c., to any person enlisting in the Service for one Year.

Received the Resolve referred to, which, being read, was rejected.

Received from the Commons the following Messages:

Mr. Speaker and Gentlemen:

The Resolve of your House in favor of Joseph Kerr we return you, concurred with.

Received the Resolve of this House above referred to. Endorsed in the House of Commons 14 July, 1781. Concurred with.

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve of this House in favor of Ephraim Washington, of Granville County.

The Resolve referred to being read, was rejected.

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House in favor of Major Thomas Harris.

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

Mr. Speaker and Gentlemen:

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

Received from the Commons a Bill for the more speedy Trial of all Persons charged with Treason or Misprision of Treason against this State or the United States, and other purposes. Endorsed in the House of Commons 14 July, 1781. Read the third time, amended and passed.

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

Received also a Bill to compel all such persons who have received or have been entrusted with public Monies to account for the same, and for other purposes. Endorsed in the House of Commons 14 July, 1781. Read the third time, amended & passed.

Ordered said Bill be read. Read, amended by consent of the Commons, passed & ordered to be Engrossed.

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Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve in favor of John Haywood, Jun.

The Resolve referred to was agreed to, and the following Message ordered to be sent the Commons:

Mr. Speaker and Gentlemen:

The Resolve of your House in favor of John Haywood, Jun., we return you, concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send you a Letter from His Excellency the Governor, which we propose referring to a joint Committee, and have for that purpose on our part appointed Messrs. Person, Bryan and Henderson a Committee.

Ordered that Messrs. Coor, Taylor and Macon act on this Committee, and that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

Messrs. Coor, Taylor and Macon will act with the Gentlemen by you appointed to consider of His Excellency's Message of Tuesday.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

This House propose Balloting at 5 O'clock this Evening for a Delegate in the room of Charles Johnston, Esquire, who declines accepting the appointment of a Delegate. We put in Nomination Abner Nash, Benj. Hawkins and Arch. McLaine, Esquires.

Ordered the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

The Senate agree to Ballot at 5 O'clock this Evening for a delegate, & put in Nomination Abner Nash & Benj. Hawkins, Esqrs. Mr. Coor & Mr. Shepperd, Superintendents.

Read the Petition of Matthew Collins, a disabled soldier, praying, &c.; whereupon,

Resolved, That the Commissary Genl. of this State or any County Collector of Provisions for the supply of the Army be directed to

-------------------- page 871 --------------------
supply the said Matthew Collins annually with five Barrels of Corn and two Hundred Weight of Beef or Pork for the use of himself & family.

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

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve in favor of Matthew Collins.

General Butler, from the Committee appointed to take Joshua Gordon's Petition under consideration, reported as followeth:

The Committee appointed to take under consideration the Petitition of Joshua Gordon report as followeth:

That the said Gordon is an object worthy of the notice of the General Assembly by the Misfortunes he has sustained from his wounds, being entirely rendered incapable of procuring any support, and that it is the opinion of the Committee that he be allowed 25 Barrels of Corn, to be paid by the Commissioner of Franklin County out of the Specific Tax.

The House, taking the foregoing Report into consideration, concurred therewith, and ordered that the following Message be sent the Commons:

Mr. Speaker and Gentlemen:

We send herewith the Report of the joint Committee on the Petition of Joshua Gordon, concurred with by this House:

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve of this House in favor of Thomas Person, Esquire.

Received the Resolve referred to, which, being read, was concurred with, and the following Messages ordered to be sent the Commons:

Mr. Speaker and Gentlemen:

The Resolve of your House in favor of Thomas Person, Esqr., we return you, concurred with.

Received the following Messages:

Mr. Speaker and Gentlemen:

We return the Resolve in favor of Matthew Collins, concurred with.

-------------------- page 872 --------------------

Received the Resolve endorsed in the House of Commons 14 July, 1781, concurred with.

Mr. Speaker and Gentlemen:

We herewith send for your concurrence the Report of the joint Committee to whom was referred the Petition of John Wilcox, concurred with by this House.

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

Mr. Speaker and Gentlemen:

The Report of the Committee on John Wilcox's Petition we return you, concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve empowering the Colonels, &c., to take from the Militia persons to erect waggons.

Received the Resolve referred to, which, being read, was rejected.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve appointing Thomas Dudley, Jun'r, Capt. in the room of Dr. Bunting.

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

Mr. Speaker and Gentlemen:

Your Resolve appointing Thomas Dudley Captain in the room of Dr. Bunting we return you, concurred with.

Mr. Coor and Mr. Shepperd, from the joint Committee appointed to superintend the Balloting for a Delegate in the room of Charles Johnson, Esquire, who declined acting, reported that having, agreeable to the order of the House, performed that service, it appeared on casting up the Ballots that Benjamin Hawkins, Esquire, was by a Majority of the General Assembly appointed Delegate to represent this State in Congress in the room of the said Charles Johnson, Esquire.

The House, taking this Report into consideration, concurred therewith.

-------------------- page 873 --------------------

Whereas, the powers and authorities of the Commercial Agent and of the Commissioners heretofore appointed for carrying on Trade for the Benefit of this State are now by Law Suspended; and, whereas, it is absolutely necessary that the Effects, Goods and Merchandise now in the hands of the said Agent and Commissioners belonging to this State should be received from them and secured for the use of the Public; therefore,

Resolved, That Robert Bignall, Esquire, be and he is hereby appointed Commissioner for and in behalf of this State to take and receive into his possession all and every the Goods and Effects belonging to this State now in the hands or possession of the late public Agent and Commissioners as aforesaid, and that he keep a fair and particular Account of all such Effects as he may so receive or take possession of, in order that the said Agent and Commissioners respectively may have Credit for the Value thereof in a final Settlement of their public Accounts; and the said Robert Bignall, Esquire, is hereby appointed Commissioner for carrying on Trade for the Benefit of this State until otherwise ordered by the General Assembly; and,

Resolved, further, That the said Robert Bignall, Esquire, before entering on the Execution of his Duty, do give Bond and Security to his Excellency the Governor and his Successors in Office in the Sum of Ten Thousand pounds Specie for faithfully accounting for all such Goods, Wares and Merchandise as he may receive in consequence of this Resolve.

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

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve appointing Robert Bignall, Esqr., Commissioner for the purposes therein mentioned.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for concurrence the Report of the Committee appointed to take under consideration the Memorial of Vincent Vass, concurred with by this House.

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

-------------------- page 874 --------------------

Mr. Speaker and Gentlemen:

The Senate cannot concur with the Report of the Committee in favor of Mr. Vass, but propose that a Certificate of Twenty-five thousand pounds be granted him, exclusive of the Amount of Eighteen hundred Dollars.

Received from the Commons the following Messages:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House in favor of Timothy Bloodworth.

The Resolve referred to being read was rejected.

Mr. Speaker and Gentlemen:

We return the Report of the Committee on the Petition of Joshua Gordon concurred with by this House.

Received the Report referred to in the above Message.

Endorsed in the House of Commons 14 July, 1781. Concurred with.

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House directing the district Treasurers to attend the future Assemblies.

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

Mr. Speaker and Gentlemen:

The Resolve of your House directing the district Treasurer to attend the future Assemblies we return you concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We return the Resolve of your house appointing Robert Bignall, Esquire, Commissioner, &c.; also a Resolve of this House in conseuence thereof exempting him from Military duty.

Received the Resolves referred to. The former Endorsed in the House of Commons 14 July, 1781, concurred with; the latter being read was agreed to, and the following Message ordered to be sent the Commons:

Mr. Speaker and Gentlemen:

The Resolve of your House exempting Robert Bignall, Esquire, from Military duty we return you concurred with.

-------------------- page 875 --------------------

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve recommending to His Excellency, the Governor, to issue a proclamation for the purposes therein mentioned.

This Resolve being read was agreed to, and the following Message ordered to be sent the Commons:

Mr. Speaker and Gentlemen:

We return the Resolve of your House recommending to His Excellency, the Governor, to issue a proclamation for the purposes therein mentioned. Concurred with.

On motion, Resolved, that the State Auditors and their Secretaries be allowed the sum of twenty-four shillings, specie, for each day's attendance on the Duties of their Appointment, and that their respective Secretaries do return an account on oath to the next General Assembly of the number of days each member hath attended as aforesaid.

Ordered that the following Message and the aforegoing Resolve be sent the Commons:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve respecting the State Board of Auditors.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

This accompanies two Resolves respecting the delegates of this State which attend you for concurrence.

The Resolves referred to in the above Message being read, were agreed to, and the following Message ordered to be sent the Commons:

Mr. Speaker and Gentlemen:

We return the two Resolves of your House respecting the delegates of this State concurred with.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

We return the Resolve of your House relative to an allowance to the State Board of Auditors concurred with.

-------------------- page 876 --------------------

Received the Resolve above referred to, Endorsed in the House of Commons 14th July, 1781. Concurred with.

On motion, Resolved that a future Assembly make a proper and suitable allowance for such persons as His Excellency, the Governor shall appoint as his private Secretary. Also, Resolved that a proper and suitable allowance shall be made to such persons as shall act as Clerk to the Council Board of this State.

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

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve respecting such persons as may be appointed as Secretary to the Governor or Clerk to the Council of State.

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

This House agree to the alteration proposed by the Senate to be made in the allowance to Mr. Vass, and return the Resolve respecting such persons as may be appointed Secretary to the Governor, &c. Concurred with by this House.

Received the Resolved above referred to, endorsed in the House of Commons 14th July, 1781. Concurred with.

On motion, Resolved, that Joel Lane, Esquire, be allowed the sum of fifteen thousand pounds as a compensation in full for house rent, pasturage, &c., for the present Assembly; that the Treasurers or either of them pay him the same and be allowed.

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

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve in favor of Joel Lane, Esq.

Received from the Commons a Resolve in favor of Mr. Lane. Endorsed in the House of Commons 14th July, 1781. Concurred with.

Mr. Locke, agreeable to leave obtained, entered his protest against the passage of the Bill for continuing the District Auditors, &c., as follows, vizt.:

[The remainder of this Journal is lost.—Ed.]