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Minutes of the North Carolina House of Commons
North Carolina. General Assembly
June 23, 1781 - July 14, 1781
Volume 17, Pages 877-978

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


State of North Carolina,
In House of Commons, 23rd June, 1781,
At Wake Court House.

The Returning Officers of the several counties within this State certify that the following persons have been duly elected to represent the respective counties in this House, viz.:

Anson—
Beaufort—
Bertie—William Horn and David Turner.
Brunswick—
Bladen—
Burke—
Craven—Wm. Bryan and John Tillman.
Carteret—
Currituck—James Phillips and John Humphries.
Chowan—Thos. Benbury and Michael Payne.
Camden—
Caswell—
Chatham—James Williams.
Cumberland—David Smith.
Dobbs—
Duplin—
Edgecombe—
Franklin—William Brickell and William Green.
Guilford—William Gowdy.
Gates—Joseph Reddick.
Granville—Thomas Person and Richard Henderson.
Halifax—John Branch.
Hertford—
Hyde—
Johnston—Joseph Boon and Hardy Bryan.
Jones—Fred Hargett.
Lincoln—Robert Alexander.
Martin—Sam'l Smithwick and Sam'l Williams.
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Mecklenburg—Caleb Phifer and David Wilson.
Montgomery—Robert Moss and Peter Randle.
Nash—
Northampton—John Dawson and James Sikes.
New Hanover—
Onslow—Edward Starkey.
Orange—Robert Campbell.
Pasquotank—
Perquimans—Jonathan Skinner.
Pitt—James Gorham.
Rutherford—James Withrow and David Miller.
Richmond—Edw'd Williams.
Rowan—
Randolph—
Surry—Wm. Lewis.
Sullivan—
Tyrrell—
Washington—
Wayne—
Wake—Burwell Pope and James Hinton.
Wilkes—Joseph Herndon and William Lenoir.
Warren—Jason Hawkins and John Macon.
Hillsborough—
Edenton—
Wilmington—
Halifax—
New Bern—Richard D. Spaight.
Salisbury—

Pursuant to which the following Members appeared and qualified by taking the several Oaths by Law appointed for the qualification of the members of the General Assembly, subscribed the same and took their seats, viz.:

Tho. Alderson, Wm. Horn, Wm. Bryan, J. Tillman, John Eaton, Tho. Benbury, Michael Payne, Geo. Moore, Joseph Herndon, David Smith, John Melton, Henry Irwin Toole, Wm. Green, Wm. Brickell, James Williams, Wm. Gowdy, Jas. Reddick, Rich. Henderson, John Branch, Joseph Boon, Fred. Hargett, Edw. Whitty, Saml. Williams, Sam'l Smithwick, David Wilson, Caleb Phifer, Robert

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Moss, Peter Randle, Robert Alexander, John Dawson, James Sikes, Edw. Starkey, Robert Campbell, Jonathan Skinner, Jas. Gorham, Jas. Withrow, David Miller, Edw. Williams, Wm. Lewis, Edmund Blount, Joseph Greene, Burwell Pope, Jas. Hinton, John Macon, Jason Hawkins, Rich. D. Spaight, William Lenoir, Thomas Person, David Turner, Hardy Bryan, Benjamin Shepperd, James Phillips and John Humphries.

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

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

At the same time John Gooding and James Malloy were appointed Door Keepers.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

Ordered that the following Message be sent to the Senate:

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 His Excellency the Governor.

Resolved, That the following Rules of Decorum be observed during the sitting of this House:

1. No Member shall move for any Resolution unless he shall previously reduce the same, or the purport thereof, to writing.

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

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

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

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

6. That no Member shall speak more than twice on one question

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in any debate without leave, unless in a Committee of the whole House.

7. The Speaker ought to be heard without interruption, and when he rises the Member up shall sit down.

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

9. Whenever the Members are divided the speaker shall determine the question, but not vote on any other occasion.

10. That no Member shall depart the Service of the House without leave.

11. No question shall be put on any motion made unless the same is seconded.

12. When two or more Members are up together, the Speaker shall determine who rises first.

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

Resolved, That the following Address be presented to His Excellency the Governor:

To His Excellency Abner Nash, Esqr., Governor, &c., in and over the State of North Carolina, Sir:

The General Assembly of the State over which you preside are happy in having it in their power to inform your Excellency that they are at length convened and ready to take under consideration such Dispatches and other public Matter as you may think proper to lay before them.

Resolved, That the Honorable Speaker issue a writ of election to the County of New Hanover to elect two persons for the County, and one for the Town of Wilmington, properly qualified to represent the said County and Town in this House; That the said election be held at any time before the Tenth Day of September next, the returning officer first giving legal notice thereof.

Received from His Excellency the Governor the following Message:

To the Honorable the Members of the General Assembly:
Gentlemen:

Nothing could have induced me to call you together at so inconvenient and disagreeable season of the year but the most pressing necessity. Of this you will be made fully sensible by the late Resolves

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of Congress, the Public Letters and the other State papers which I have now the honor to lay before you, and to which I beg leave to call your most serious attention. You will also no doubt pay a proper attention to the present disordered condition of this unhappy State. It has been our Misfortune, Gentlemen, very lately to see the Enemy march thrice thro' this Country, the last time almost without opposition; and they have been able to hold since February last the important post of Wilmington, with the contemptible Force of about Five Hundred. The Injury and Disgrace of these events are painful to mention, but unhappily they were not to be avoided. The Misfortunes peculiar to this State commenced with the affair of Camden in August last, there it was that we lost our Arms, Ammunition, Waggons, Horses, Tents, and in short every other kind of Military Stores, to equip this Army. We had drained the Treasury, which has never since been replenished sufficient even for the ordinary Expenses of Government, and what was still worse the Terror and Consternation, which on this unhappy occasion was spread thro' the Country by the multitudes who fled from the Field of Battle, discouraged the friends of Government in proportion as it gave new life and spirits to the disaffected. Since this period it has been found almost impossible to draw out the Militia in any order or just proportion, and indeed when men have been found willing to bear Arms, there have been none to put in their hands. For the Truth of all these things I appeal to your own knowledge and observation. As a public officer they have been particularly distressing to me; I know how natural it is among mankind, to charge the Chief Magistrate, (tho' a mere nominal one as I have been) for all the mismanagement and Disorders that happen in a State, without considering whether it has been in his power to remedy or prevent them. The Constitutional power of a Government in this State, is at best but very small, and in a time of War, insufficient for the purposes of Government and Defence. But small as it was, it has for some reasons or other been thought necessary, at every session of Assembly, since I had the honor of filling the appointment, to abridge and curtail it. At the last August Session, all the Executive Power was given to a Board of War; and at the ensuing Halifax Session when I expected my fetters would be removed by a discontinuance of the Board of War, the Command of the Militia was
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suddenly taken from me (tho' I left the Assembly on purpose to take the Command) and given to Major General Caswell, with the additional and very extraordinary power of raising new Regiments of Cavalry, and of appointing by his own authority, the officers who should command them. By these and similar means the legal authority of the Chief Magistrate has been destroyed, and men not knowing who to obey, obey nobody. These disorders and many more which cannot here be enumerated, I hope will be your earliest care to remedy; not on my own account, for I have undergone so much incessant Toil and been able to do so little good, owing to the causes mentioned, that I hope some other person may be now found to take my place who will be more happy and successful in serving the public. I consider my time of office as now expired, having served a year under my appointment and about two months under an Act of Assembly; but before I conclude I beg leave to recommend to your Consideration the propriety of imbodying a Regular Force of State Troops in case of the Militia, who for two years past and upwards, have been so harassed by perpetual Drafts, that I am convinced it has been the most fruitful source of Disaffection among our Citizens. In short this kind of service carried to the disgrace we have seen it of late years is productive of every kind of evil Consequences. Public and Private Arms and Accoutrements are lost; Household and Husbandry Utensils, Horses and other things useful to the Farmer are wrested from the owners and never returned. The public provisions and Ammunition in the respective Counties are consumed and wasted, and the Cultivation of the Land, so particularly necessary in a time of War, is interrupted and neglected. These and many more, Gentlemen, are the Evils of the Course we have pursued, and I leave you to reflect on the Benefits we have reaped in lieu of them. It will also be necessary to fall on some well digested plan for the procurement of Arms and other Military Stores. I have engaged the Marquis de Bretaigne to proceed to Martinico in a small fast sailing Vessel hired for the purpose and he now only waits for the Sanction of the General Assembly. I hope this Business will be speedily taken into consideration as the Vessel and Hands are an expense. For the proceedings of the Council Extraordinary I refer you to their Journal, in the keeping I presume of their Secretary, who I make no doubt will lay it before you.

A. NASH.
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Ordered that the above Message from His Excellency the Governor, together with the Public Papers, &c., therein referred to be sent to the Senate with the following Message:

Mr. Speaker and Gentlemen:

We herewith send for your perusal and consideration a Message 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.

Resolved, That the House will immediately proceed to the important business of defending and supporting this State in the most effectual manner in their power; and that no business of less consequence shall be received or considered without special reason, until this most essential service shall be effected so far as it is in the power of the present Assembly.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Message:

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.

Whereas, the safety of the present General Assembly is of great consequence to the well being of this State, and the alarming situation of our Enemies rendering a further Security, and other disposition of the Troops appointed and raised, or to be raised, necessary; therefore,

Resolved, That the Commanding Officer of the District of Hillsborough be directed immediately to make a general return to this Assembly of all the Troops, Arms, &c., and their disposition now in actual service for its defense and Security.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve of this House directing the Commanding Officer of the District of Hillsborough

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to make a general return to the present Assembly of all the Troops, Arms, &c., now employed in the service of this State in defense of the Assembly, and how they have been disposed.

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


Sunday 24 June, 1781.

The House met according to adjournment.

The Honbl. the Speaker laid before the House a Letter from Genl. Sumner and two from Genl. Gregory, &c. Ordered that they be sent to the Senate for their perusal.

Mr. Andrew Balfour one of the Members for Randolph, Mr. Joseph McDowell one of the Members for Burke County and Mr. Lewis Williams one of the members for Onslow County, appeared, were qualified and took their seats.

Resolved, That the Speakers of both Houses be requested 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 at a period so truly alarming to the good Citizens of this State; and that the Speakers inform his Excellency that this Assembly are disposed to exert their utmost endeavours to arrange the resources of this State in such order as shall best tend to render the Government safe, and the Supreme executive duty easy.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons have appointed Messrs. Person, Henderson, Starkey,

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

Ordered that the following Message be sent to the Senate:

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 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.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

This House have appointed Messrs. Johnson, Coor, Taylor and Lock a Committee who will act jointly with such Gentlemen of the House of Commons as may be appointed to consider of and report on the Letter from the Marquis de Britaigne, herewith sent you.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Resolved, That Brigadier General Butler be directed to raise a Company of Light House immediately, to consist of thirty-three privates properly officered, to rendezvous at Wake Court House, to act as a further Guard and party of Observation for the Defense and safety of the General Assembly.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from His Excellency the Governor the following Message:

To the Honorable the General Assembly:
Gentlemen:

Being informed that my name is put in nomination for the Chief

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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, in consideration of my excessive fatigue 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 amply rewarded for all my vast expenses and Toil.

A. NASH.

Ordered that the above Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Read the Petition of Joseph Reed, praying relief. Ordered that the same be referred to the Committee appointed to take under consideration the Petition of Joshua Gordon, &c.

Received from the Senate the following Message:

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 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 Resolves herewith sent you.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Mr. Robert Smith, the Member for the Town of Edenton, and Mr.

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Jesse Benton, one of the Members for Orange, appeared, were qualified and took their seats.

Resolved, That the House will To-morrow resolve itself into a Committee of the whole House to consider the present Situation of this State, and the Subjects on which the Bills of a public Nature which are necessary to be passed into Laws this Session ought to be founded.

The House adjourned till 4 O'clock p. m.

The House met according to adjournment.

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

At the same time, received the Report of the Committee and Resolves referred to in the above Message, which, being read, were concurred with.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Report of the Committee appointed to take under consideration the Letter from the Marquis de Britaigne, and the Resolve of your House entered into in consequence thereof, relative to the Importation of Military Stores into this State; also the Resolve directing the Sheriff of Craven County to procure a certain quantity of Tobacco, &c., concurred with.

Resolved, That Brigadier General Caswell be directed immediately to detach Col. Hawkins' Regiment of Cavalry from his Brigade to Wake Court House.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House directing

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Brigadier General Caswell to detach Colonel Hawkins' Regiment of Cavalry to Wake Court House.

Received from the Senate the following Message:

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 Johnston and Thomas Burke, Esquires. Should this be agreeable, you will signify the same by Message.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the Resolve of this House requesting the Speakers of both Houses to wait on His Excellency Governor Nash and return him the thanks of the General Assembly for his steady, zealous, patriotic and arduous services as Governor of this State, concurred with.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

This House have appointed Mr. Hill & 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.

The House adjourned till To-morrow Morning 8 O'clock.


Monday, 25 June, 1781.

The House met according to adjournment.

Mr. George Evans, one of the members for Pitt County, & Mr. Thomas Hicks, one of the members for Duplin County, appeared, were qualified and took their seats.

The order of the Day for taking into consideration the present situation of this State, and the Subjects on which the Bills of a public nature which are necessary to be passed into Laws this Session ought to be founded, being called for and read,

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Resolved, That the House resolve itself into a Committee of the whole House to take the same under consideration.

The House accordingly resolved itself into a Committee of the whole, and chose James Williams, Esquire, Chairman; and after some time spent therein, Mr. Speaker resumed the Chair and Mr. Chairman reported that the Committee had come to several Resolutions in the Matter referred to them, but not having time to reduce them to form, desired leave to postpone reporting their Resolutions to the House until To-morrow.

Resolved, That they report to the House To-morrow the Resolutions of the Committee.

The Honorable the Speaker of this House, together with the Speaker of the Senate, agreeable to the Resolution of yesterday, attended his late Excellency Abner Nash, Esquire, 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 Endeavors 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.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve for reinforcing Brigadier General Gregory at North West Bridge.

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 Provisions ordered by the Governor & Council.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Resolve of your House for reinforcing Brigadier General 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 from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Resolved, That Mr. Joseph Kidd, of the Town of Halifax, be appointed Captain of the Guard at Halifax instead of Captain Powell,

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now in Captivity with the Enemy, until the exchange of the said Powell; that he be entitled to the same emoluments that the said Powell was entitled to as Captain of the Guard at Halifax previous to his being made a Prisoner by the Enemy, and that he be empowered to augment the number of the said Guard of fifty men.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Read the Petition of George Bledsoe, of Franklin County, praying relief. Ordered that the same be referred to the Committee appointed to take under consideration the Petition of Joshua Gordon and others, to examine and report upon.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Message:

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 Senate the following Message:

Mr. Speaker and Gentlemen:

The Senate are 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 be informed when and where you wish this business transacted.

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

Mr. Speaker and Gentlemen:

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

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Mr. Spaight, one of the Committee appointed to superintend the balloting for a Governor, reported that Thomas Burke, Esquire, was elected Governor of this State by a Majority of the Votes of both Houses of the General Assembly.

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

Resolved, That the Speakers of the General Assembly be requested immediately to send off an express to Thomas Burke, Esquire, acquainting him by Letter that he has been this Day Elected to the Chief Magistracy of this State; at the same time requesting him to repair to Wake Court House, where the General Assembly is now sitting, in order to qualify himself for the office of Governor by taking the Oaths by Law prescribed, and to proceed upon the duties of his appointment; also, that a Lieutenant and fifteen men, mounted, be dispatched with the express to escort him to this place.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve of this House requesting the Speakers of the General Assembly to send off an express to Thomas Burke, Esquire, acquainting him that he has been this day Elected to the Chief Magistracy of this State, &c.

Resolved, That Brigadier General Butler be directed to detach as many Horse as he shall judge necessary immediately to Cross Creek, or as near that place as they can go with safety, in order to procure and bring to this place Intelligence of the movements of the Enemy.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve of this House directing 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 House adjourned till To-morrow Morning 9 O'clock.


Tuesday, 26 June, 1781.

The House met according to adjournment.

Mr. Williams, from a Committee of the whole House, delivered in the Report as follows:

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The House, when resolved into a Committee of the whole House to take into consideration what Acts are necessary to be passed this General Assembly, came to the following Resolutions, viz.:

Resolved, That your Committee are of opinion that it is necessary that a new assessment Law in Specie be passed for the present year, and that the Taxes be collected half yearly in Specie or the currency of this State at the Exchange.

Resolved, That a Specific and pecuniary Tax Law is necessary for the present year.

Resolved, That a Law ought to be passed empowering the judges to hold Courts of Oyer and Terminer in the several Counties for the Trial of offenders in this State.

Resolved, That an Act is necessary for Classing all the able bodied Men in this State Similar, as far as may be, to the late Regular Law, and draft therefrom four Regiments of Foot Troops of four Hundred each, to serve Eighteen Months as State, under the direction of the Governor and Council, to be commanded by a Brigadier General, and each Regiment to be officered by one Lieutenant Colonel Commandant and one Major; and each Company to consist of fifty men, and commanded by one Captain, two Lieutenants and one Ensign. Also a Regiment of Horse, to consist of four Companies of fifty men, each to be officered by one Major and each Company by a Captain, Lieutenant and Cornet, to be appointed by the General Assembly.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House propose balloting at 4 o'clock this forenoon for a Council of State, and put in nomination for Counsellors Alexander Martin, Willie Jones, Lawence Baker, Benjamin Seawell, Robert Burton, Phil. Hawkins, Jun., Ambrose Ramsey, John Butler and John Penn, Esquires.

Ordered that the following address be presented to the Honorable Thomas Burke, Esquire:

To the Honorable Thomas Burke, Esquire:
Sir:

At a time so truly alarming and dangerous as the present, when the political existence of this Country depends almost entirely

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upon the wisdom and integrity of the Chief Magistrate; with the most flattering expectations and confidence we have selected you, Sir, from the number of our most virtuous Citizens as the most proper one to be intrusted with the important office of Governor of this State for the Current Year. Permit us therefore, Sir, to request that you will qualify to, and take upon yourself the duties of, this appointment, and to assure you that the General Assembly will not be deficient in their best endeavors to make your administration as easy and agreeable as possible.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for your concurrence a Message addressed to the Honbl. Thomas Burke, Esquire, &c.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send for your perusal Letters from the President of Congress and the Delegates of this State at Philadelphia, which we recommend may be read in private.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Resolve of your House requesting that the Speakers of the General Assembly to send off an Express to Thomas Burke, Esquire, acquainting him with the vote of the General Assembly of this Day, &c.; we return you concurred with.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Senate agree that the General Assembly ballot at 11 O'clock this Forenoon for a Council of State, and put in nomination Thomas Person, Benjamin Seawell, Richard Henderson, Spruce McCoy, John

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Penn, Genl. Butler, Phil. Hawkins; jun., and Bromfield Ridley. Mr. Coor and Mr. Rogers will superintend the Balloting.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Senate have appointed Genl. Butler and Colonel Taylor a Committee to prepare and bring in a Bill for raising Troops for the immediate defense of the State. Mr. Coor and Mr. Williams a Committee to prepare and bring in a Bill for laying a Specific Provision Tax for the supply of the Army and 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 Defense of Ocracoke Bar, &c., who will respectively act with such Gentlemen of your Body as may be appointed for that purposes aforesaid.

Mr. Speaker and Gentlemen:

This House have appointed Messrs. Speaker, Kenan, Coor, Salter, Johnson, Genl. Lock, Mr. Taylor, Genl. 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 & bring in bills relative to the subject Matters of such of them as they think proper.

Ordered that the following Messages be sent to the Senate:

Mr. Speaker and Gentlemen:

This House have appointed Mr. Tillman and Mr. Henderson to act with the Gentlemen by you appointed to prepare and bring in a Bill for raising Troops for the immediate defense of the State. Mr. Spaight, Genl. Bryan, Genl. Person and Mr. Macon to act with the Gentlemen you have appointed to bring in a Bill for laying a Specific Provision Tax. Messrs. Smith, Eaton, Horne and Payne to act on the Committe appointed to bring in a Bill for the defense of Ocracoke Bar, &c. Messrs. Person, Hawkins, Bryan, Henderson, Starkey, Jas. Williams and Balfour, to act with the Gentlemen by you appointed to consider of and Report on the Resolves of Congress, &c, and 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. Henderson, Jas. Williams and Smith to act with

-------------------- page 896 --------------------
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. Messrs. Williams, Bryan, Person and Starkey, to prepare and bring in a new Assessment Bill.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Senate have received your proposed address to the Honbl. Thomas Burke, Esqr., 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 and qualify, at which time we propose that he be addressed by the Speakers of this Assembly in the usual manner.

Ordered that the following Message be sent to the Senate:

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.

Received from the Senate the following Message:

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 Certificates issued for purchases, &c.

Resolved that Mr. Spaight and Mr. Payne be appointed to superintend the Balloting for a Council of State.

Mr. Spaight one of the Committee appointed to Superinted the Balloting for a Council of State Reported that Philemon Hawkins, Jun., Spruce McCoy, Willie Jones, Benjamin Seawell, John Penn, John Butler and Edward Jones, Esquires, were Elected a Council of State by a Majority of the votes of both Houses of the General Assembly.

-------------------- page 897 --------------------

The House taking the said Report into Consideration concurred therewith.

Mr. Spaight one of the Gentlemen appointed to wait on the Honbl. Thomas Burke, Esquire, and acquaint him of the vote of the General Assembly of yesterday respecting the Chief Magistracy & at the same time to request his attendance at the State House to qualify as Governor and have the Honors of Government conferred on him, after some time returned and Reported that he, together with one of the Members of the Senate had waited on the Honbl. Thomas Burke, Esqr., and made him acquainted with the vote of the General Assembly, who returned for answer that he would wait upon the General Assembly at 6 O'clock in the afternoon.

The House adjourned till half after 5 O'clock p. m.

The House met according to adjournment.

Mr. Thomas Tullock, the Member for the Town of Hillsborough appeared, was qualified and took his seat.

On motion Resolved, that Mr. Campbell one of the Members for Orange County, have leave to absent himself from the service of the House until Saturday next.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Senate have appointed Col. Taylor, Col. 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.

Colo. Henderson moved for leave to prepare and bring in a new assessment Bill. Ordered that he have leave accordingly.

The Honorable Thomas Burke, Esquire (attended by Mr. Spaight and Col. Williams), agreeable to the request of the General Assembly, attended at the State House in order to qualify as Governor and have the Honors of Government conferred on him.

Mr. Speaker of the Senate and Mr. Speaker of the House of Commons

-------------------- page 898 --------------------
being seated, and the General Assembly present, Mr. Speaker of the Senate addressed him as follows:

To His Excellency Thomas Burke, Esquire, Governor 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 the 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 and Independent and Sovereign State can shew its most worthy Citizens. It gives us a peculiar 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 Horros 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 Bills 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 and opposers whatsoever to this Government, 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.

-------------------- page 899 --------------------

To which His Excellency returned the following answer:

Mr. Speaker of the Senate, Mr. Speaker of the House of Commons and Gentlemen of the General Assembly:

I feel myself impressed with a deep sense of gratitude to the representative Body of my Country for this unexpected Honor and distinguished mark of their confidence, and sincerely wish the object of their choice were 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—so illy suiting my private inclinations and circumstances—but no consideration of private inconvenience or of difficulty or danger should deter me from any duty to which my country may call me while 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 & 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 Institution, 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, 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.

After which the Honbl. Thomas Burke, Esquire, qualified as Governor of the State of North Carolina before the Honbl. Samuel Ash and John Williams, Esquires, two of the Judges of the Superior Courts of Law, and in presence of the General Assembly, by taking the Oaths by Law appointed for the qualification of public officers, and was proclaimed at the Door of the State House Governor, Captain General and commander in Chief in and over the

-------------------- page 900 --------------------
State of North Carolina, and was then waited upon by the Speakers and Members of the General Assembly to his lodgings.

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


Wednesday, 27 June, 1781.

The House met according to adjournment.

Mr. John Lutrell, one of the Members for Chatham County, and Mr. Charles Medlock, one of the Members for Richmond County, appeared, were qualified and took their Seats.

Resolved, That General Person, Mr. Jas. Williams and Mr. Starkey be a Committee to examine and report what Laws have become obsolete or expired, and report the same to the House.

Mr. Macon moved for leave and presented a Bill for the relief of all such persons as are rendered incapable of procuring themselves and Families Subsistence, by wounds received in defence of their Country, and for other purposes, which was read the first time, passed & sent to the Senate.

Resolved, That the following Address be presented His Excellency the Governor:

To His Excellency Thomas Burke, Esquire, Governor, Captain General and Commander in Chief in and over the State of North Carlina.

Sir:

The General Assembly yesterday proceeded to the Choice of a Council of State for the current year, when Phil. Hawkins, Jun., Spruce McCoy, Willie Jones, Benjamin Seawell, John Penn, John Butler and Edward Jones, Esquires, were Elected Members thereof. You will therefore, Sir, look upon those Gentlemen, after they have properly qualified to their appointment, as the Council of State.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for your approbation a Message proposed to be addressed to his Excellency the Governor.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

Mr. Brickell moved for leave and presented a Bill for appointing processioners in this State, and other purposes, which was read the first time, passed & sent to the Senate.

-------------------- page 901 --------------------

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Senate propose that the Letter from the Att'y 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 on Certificates issued for purchases, &c., to consider of and report on.

Ordered that the following Message be sent to the Senate:

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.

Read the remonstrance and Memorial of a number of the Inhabitants of Franklin County.

Ordered that the same be referred to the Committee of propositions and Grievances.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send 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.

Received from the Senate the Bill for the relief of all such persons as are rendered incapable of procuring themselves and families subsistence, by wounds received in defence of their Country, and for other purposes. Endorsed in Senate 27 June, 1781. Read the first time & passed.

Received from His Excellency the Governor the following Message:

To the Honorable the General Assembly:
Gentlemen:

I send herewith a Letter from the Commanding Officer of his Britanic 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 answer which I judge proper to be made, and hope the importance of the subject and its Eventual consequences will excuse me for troubling you for your advice.

-------------------- page 902 --------------------

At the same time, received the Letter referred to in the above Message, which, being read, Resolved that His Excellency the Governor forward the same to the Commanding Officer of his Britanic Majesty's Troops at Wilmington.

Ordered that the following address be presented His Excellency the Governor:

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

Your Excellency's Letter of the 27 Instant to Major J. H. Craig, in answer to his Letter of the 20th on the subject therein contained, the General Assembly highly approve of.

Ordered that the following Message be sent to the Senate:

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 Colonel Robeson.

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

Mr. Macon, from the Committee appointed to settle up the depreciations to be allowed by the Board of Auditors on Certificates issued for purchases, &c., in Specie, delivered in the Report, which, being read, was rejected.

Received from the Senate the following Message:

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.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return the Resolve of your House citing William Gilbert, of

-------------------- page 903 --------------------
Rutherford County, to appear at the next Session of Assembly, concurred with.

Read the Petition of David Allen and others, of Surry County, praying, &c. Ordered that the same be referred to a joint Committee; that Messrs. Phifer, Williams, Gowdy, Person, Lewis and Lenoir be a Committee on the part of this House for that purpose.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send 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 a Committee.

On motion, Resolved that Mr. John Macon, one of the Members for Warren County, have leave to absent himself from the service of this House until Monday next.

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


Thursday, 28 June, 1781.

The House met according to adjournment.

Mr. Samuel Cain, one of the Members for Bladen County, appeared, was qualified and took his Seat.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

Mr. James Williams moved for leave and presented a Bill to condemn the property of all Tories in this State that have imbodied 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, which was read the first time, passed and sent to the Senate.

Whereas, a certain Mr. James Biggleston, late Secretary to Gov. Martin, having been confined on Parole to certain limits in Craven County, and it having been represented to the General Assembly that to admit the said James Biggleston to remain on Parole any longer in this State would be impolitic,

Therefore Resolved, that he be discharged from his Parole, and

-------------------- page 904 --------------------
that His Excellency the Governor, be requested to order the said James Biggleston forthwith to remove himself, his Family and personal property to New York, Charlestown, the West Indies, or within the British lines.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Resolved, That Mr. J. Green, Wm. Bryan and Mr. Smith be a Committee on the part of this House to enquire into the situation of the North Carolina Officers and Soldiers in Captivity at Charles Town, the supplies which have been forwarded them & such further supplies as are necessary.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House have appointed Messrs. J. Green, Wm. Bryan and Smith a Committee on their part, who will act jointly with such Gentlemen of the Senate as may be appointed to enquire into the situation of the North Carolina officers and soldiers in Captivity at Charles Town, and the supplies which have been forwarded them, and such further supplies as are necessary.

Mr. William Green moved for leave and presented a Bill to encourage the importation of Salt and Iron into this State, which was read the first time, passed and sent to the Senate.

Read the Memorial from a number of the Merchants of the Town of Edenton. Ordered that the same be referred to a joint Committee. That Messrs. Eaton, Balfour, Starkey and Payne be a Committee on the part of this House for that purpose.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send you the Memorial of a number of the Merchants in Edenton which we propose referring to a joint Committee, and have on our part for that purpose appointed Messrs. Eaton, Balfour, Starkey & Payne a Committee.

-------------------- page 905 --------------------

Resolved, That the Commissioners of Trade deliver to Colonel Benjamin Seawell, or order Thirteen hundred and Thirty three pounds weight of Merchants Tobacco at Market for two Rheams of writing paper furnished for the use of the present General Assembly, which shall be allowed them on the settlement of their accounts.

Ordered that the following Messages be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Message:

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 defense of the State. We have added Col. Williams to this Committee and propose that a Member be added on the part of your House. 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 on its passage may be so modeled & amended as the two Houses can agree.

Ordered that the following Message be sent to the Senate:

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 on our part added to that Committee Genl. Person and Col. Hawkins.

Resolved, That the Treasurers, or either of them, furnish Colo. Elijah Clark of Wilkes County, in the State of Georgia, with thirty Thousand Dollars for which they, or either of them, shall be allowed in the settlement of their public accounts.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

-------------------- page 906 --------------------

Received from the Commons the following Message:

Mr. Speaker and Gentlemen:

Colo. Williams, Mr. Spicer & General Butler will act with the Gentlemen by you appointed to enquire into the Situation of the North Carolina Officers, &c.

Mr. Speaker and Gentlemen:

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

Mr. Spaight moved for leave and presented a Bill for levying a pecuniary & Specific Tax for the year 1781, which was read the first time, passed & sent to the Senate.

Mr. James Williams moved for leave and presented a Bill to impower the Governor to issue Commissions of Oyer and Terminier and General Gaol delivery, which was read the first time, passed and sent to the Senate.

Received from the Senate a Bill for protecting the Navigation of Ocracoke Bar.

A Bill to encourage the Importation of Salt and Iron into this State.

A Bill to condemn the property of all Tories in this State that have imbodied 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 Senate 28 June, 1781, read the first time & passed.

Mr. Hawkins moved for leave and presented a Bill for appointing District Auditors for settling the pay of the Militia and other Claims against the State, which was read the first time, passed and sent to the Senate.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

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

Mr. Speaker and Gentlemen:

Messrs. Macon, McKenzie and Salter will act with the Gentlemen by you appointed to consider of and Report on the remonstrance of the Merchants of Edenton.

-------------------- page 907 --------------------

Mr. Speaker and Gentlemen:

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

The Resolve of your House relative to Mr. Biggleston we return you, concurred with.

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 Senate a Bill for appointing District Auditors for settling the pay of the Militia and other Claims against this State.

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

A Bill to empower the Governor to issue Commissions of Oyer and Terminer and General Gaol Delivery. Endorsed in Senate 28 June, 1781. Read the first time and passed.

The Bill for appointing processioners in this State, and other purposes, was read the second time and rejected.

Mr. Smith moved for leave to withdraw and amend the Bill for the relief of all such persons as are rendered incapable of procuring themselves and families subsistence, &c. Ordered that he have leave.

The Bill for the protecting the Navigation of Ocracoke Bar & the

-------------------- page 908 --------------------
Sounds and Rivers communicating therewith was read the first time, passed & sent to the Senate.

Read a Petition from a number of the Inhabitants of the County of Guilford, praying, &c. Ordered that the same be referred to the Committee of propositions and Grievances.

Read the Petition of Burwell Pace. Ordered that the same be referred to a joint Committee; that Messrs. Lewis, Phifer, Alexander and J. Williams be a Committee on the part of this House for that purpose.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send 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.

Read the Petition of Ephraim Alexander, late of Mecklenburg County, praying, &c., which was rejected.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons have appointed Messrs. J. Green, Horn, Person, Williams and 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 Department.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Senate propose that the Letter from the 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 Messrs. Kenan, Williams and Taylor for that purpose.

-------------------- page 909 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons have appointed Messrs. Williams, Tillman 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 Colo. Robeson.

Received from His Excellency the Governor the following Message:

To the Honorable the General Assembly:

Gentlemen:

I have the Honor to lay before you a letter just received from Major General Green, by Colo. Reed, and I presume 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.

THOS. BURKE.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

The House adjourned till Tomorrow Morning 9 O'clock.


Friday, 29th June, 1781.

The House met according to adjournment.

Mr. J. Williams moved for leave and presented 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 in this and the United States, which was read the first time, passed & sent to the Senate.

The Bill to encourage the Importation of Salt and Iron into this State was read the second time, passed & sent to the Senate.

-------------------- page 910 --------------------

Received from the Senate 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 Acts, and other purposes. Endorsed in the Senate 29 June, 1781. Read the first time & passed.

Received from His Excellency the following Message:

To the Honorable the General Assembly.
Gentlemen:

I beg leave to lay before you a state of the affairs of the public, as far as the little time and opportunity I have had will allow me, and also such objects as appear to me necessary for the public safety and utility.

I perceive the Country everywhere unprepared for defence—without Arms, without discipline, without arrangements—even the habits of Civil order and obedience to Laws changed into a licentious Contempt for Authority and a disorderly indulgence of violent propensities. Industry is intermitted, agriculture much decayed and Commerce struggling feebly with almost insuperable difficulties. The public money is unaccounted for, the Taxes uncollected or unproductive, the Individuals Creditors to the public for the whole produce of their Industry for years past, and the Treasury utterly unable to make payment.

The greatest exertion of wisdom and vigor are necessary for remedying those Evils, and effectual measures can only be taken by the General Assembly.

The first object deserving their attention is the defence of the Country from external Enemies; and experience has taught us that the Militia, in its present state, is very Inadequate to prevent ravages from almost any Collected Body of Troops; that the short period for which the Militia are called into service render them inadequate either to defensive or offensive operations, and yet a burden almost insupportable to the people.

This points out as the only effectual remedy, the Establishment of a force composed of officers, non-Commissioned officers and some proportion of privates to be kept in service during a period which may enable the Community to receive the benefit of that

-------------------- page 911 --------------------
firmness and dexterity which is acquired only by discipline and experience, and Prevent the frequent drafts & substitutions, which tho' very burthensome, are of little Utility. A force competent to every occasion, might require too great a number of the people to be kept constantly in Arms, and incur an expence which may without injury to the public safety be spared, provided the standing Troops can be occasionally re-inforced, and reduced again to their ordinary establishment. I am therefore persuaded it would be eligible that the Battalions and Companies be organized so as to be capable of admitting an Augmentation or diminution of force without change or increase of officers.

In order to render any Corps efficient for the defence of the Country, Cavalry and Artillery with their proper appointments will be absolutely necessary, and adequate provision for supplying Cloathing, subsistence, Arms, Ammunition, intrenching Tools, Tents and Camp requisites will be found so necessary that without them, every other expence will in a great measure be thrown away.

A good Corps of Artificers, well regulated and attended to, will prove a great advantage in making and repairing several necessaries and they will prove a great saving to the public. If adequate power be given, such a Corps can be formed from the Militia, to the satisfaction of Individuals, and without inconvenience to the people.

Arms, Ammunition and some other necessaries can only be obtained from abroad, and a contract with good reputable Merchants for the delivery of them in America, at stated prices, is probably the most cheap and certain means for procuring them. The State of Maryland contracted with Mr. Holker, the Consul of France, for supplying them with Arms and other necessaries to be delivered in America and paid for here in Tobacco or flower, and at what appeared to me a reasonable price. I made application to Mr. Holker, who very readily agreed to enter into a similar Contract with this State, provided good security could be given for payment, and even consented that the payment of the principal might be delayed to a time that might be convenient for the State, provided the payment of Interest could be secured annually. I apprehend a State so abounding in property and resources as this, can be at no loss to assign adequate funds for the performance of such a Contract.

The discipline of the Militia always of importance in a free

-------------------- page 912 --------------------
Country, becomes of the highest Consequence in time of War. I doubt not therefore, that upon a revision of the Militia Laws, if adequate power be not already given for this purpose, the Executive power will be enabled to cause discipline to be instituted and perfected, so as to make the Militia useful Soldiers, for it is never to be forgotten that Peace can only be procured or maintained by being in prompt readiness to avenge Insults and to repel attacks.

The next great object is the revenue or finance of the State, the wise arrangement and prudent management whereof, are of so great importance, that on them depend the operations of every department of government. On them depend the vigor of Arms and prosperity of the people. Military operations will be easy, expeditious and effectual, if supplies are furnished cheerfully and speedily. Supplies will always be furnished in great abundance and with alacrity if the Individual can receive a just and desirable equivalent, such equivalent will excite to Industry and thereby create inexhaustible resources. The having of that equivalent in the public Treasury depends on the operations of finance. This important object requires a severe exactness in the Collection of Taxes which will not be the less productive for being moderate and in the settlement of public accounts; also, prudent, though not parcimoneous economy in expenditures. And above all things it requires an inviolable observance of all engagements entered into by the public with individuals, which ought always to be the most sacred as the Individual can have no compulsory remedy against the public, and therefore, will not be brought to trust them with his property, but upon that assurance and Confidence which always arise from the administration of public affairs upon the principles of candid integrity. Nothing can be more injurious than having recourse to force for obtaining what it ought to be every man's interest to supply; such a measure never fails to produce such derangements as we now labor under.

Tho' much amendment is necessary in this great department, it is probable that all that can be done by the present Assembly, is to provide effectually for calling to speedy account and payment all public Collectors and other accountants; and laying Taxes for defraying the public Expences and other purposes of Government, providing funds for the performance of public contracts for supplies,

-------------------- page 913 --------------------
Here I beg leave to suggest that the laying of particular Taxes for particular objects and assigning them sacredly to such objects will be one great step towards producing clearness and order in the public accounts and restoring public Credit.

The numberless hands at present employed in the Collecting of the public revenue exhaust much of the product and create perplexities and difficulties without end in the public accounts. The Collectors have neglected to settle with the County Courts, and thus the first neglect entirely prevents every measure for clearing the public Accounts and compelling the due Collection of the revenue. Commerce, on which so much of the prosperity of agriculture and of all sorts of Industry in every modern Community depends, would soon regain a flourishing state if the Merchants of all denominations were protected in their property and assured of punctual payments, as no Country can be supplied with foreign Commodities, or find Markets for the abundance arising from Industry, but by the Intervention of Commerce; so it is evidently necessary for exciting Industry and furnishing the necessities and Conveniences of Life. That Enterprise which is inseparable from it will always make it flourish if it finds protection; this is all it requires. Regular Taxes and Impost are not even unfavorable to its growth, if they be not laid very injudiciously or levied oppressively. I cannot help declaring my wishes that this Delicate subject were put on a footing that might secure it from violence, and leave it in everthing else to the Energy of private Enterprise and the natural operations of its own principles. The mistakes which I have observed in our own and in other Governments and their bad effects, have Induced me to touch on this subject.

I find myself obliged to trespass a little further on the patience of the General Assembly, to request their attention to the peculiar distress arising from that Internal War which is raging with intemperate fury in some parts of the State between the well affected and ill affected Citizens, and which has produced enormities dangerous in their example to all good Government and cruelly fatal to Individuals. Perhaps the most humane as well as the most prudent Council would be to reclaim all that are reclaimable of our ill advised and deluded Citizens, and expel the incorrigible by force of Arms.

THOS. BURKE.
-------------------- page 914 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send you a Message from his Excellency the Governor, Addressed to the General Assembly.

The 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 Acts, and other purposes, was read the first time, passed & sent to the Senate.

Resolved, That the Bill for levying a Money and Specific Tax for the year 1781 be read To-morrow Morning the second time.

Resolved, That Colonel Hawkins, Mr. Smith, Genl. Bryan, Mr. Molton, Mr. Wilson and Mr. Tullock be a Committee to ascertain the prices of Articles impressed or furnished the public, and make Report to the House.

The Bill to condemn the property of all Tories in this State that have imbodied and plundered the good Citizens thereof, and for subjecting said property to make retaliation to those persons who have suffered by their depredations, and other purposes, was read the second time, passed and sent to the Senate.

The Bill to empower the Governor to issue Commissions of Oyer and Terminer and General Gaol delivery was read the second time, amended, passed & sent to the Senate.

Received from the Senate a Bill for protecting the Navigation of Ocracoke Bar and the Sounds and Rivers communicating therewith. Endorsed in Senate 29 June, 1781. Read the second time & passed.

The 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 Senate 29 June, 1781. Read the first time & passed.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send for your perusal a Letter from Benjamin Hawkins, Esqr.

Resolved, That the Letter above referred to be referred to a joint Committee, and that they inquire into the state of Mr. Hawkins' Acct's and make report thereon.

-------------------- page 915 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve for procuring the number of of Dragoon Horses therein mentioned.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Resolved, That a Company of Light Horse be immediately raised by voluntary enlistment, consisting of Forty privates, for the protection and defence of the Inhabitants on the South side of New River, in Onslow County, and that Amos Love be appointed Captain, John Mason Lieutenant, and John King, Jun., Cornet, to be continued in service so long as may be judged necessary by the Governor and Council.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Message:

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.

Ordered that the following Message be sent to the Senate:

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.

-------------------- page 916 --------------------

Resolved, That a joint Committee be appointed to take under consideration the losses sustained by Colo. Reed in his Baggage on his March to the Southward and elsewhere, and report thereon; that Messrs. Person, Hawkins, Starkey and Henderson be a Committee on the part of this House for that purpose.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House have appointed Messrs. Person, Hawkins, Starkey and Henderson as a Committee on their part who will act jointly with such Gentlemen as you may appoint to inquire into the loss of Baggage sustained by Colo. Reed, &c.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

This House have appointed Messrs. Johnston, Coor and McKenzie who will act jointly with the Gentlemen by you appointed to inquire into the state of Mr. Benjamin Hawkins' Accounts and report thereon.

Mr. Phifer moved for leave and presented a Bill to indemnify all such persons as have put to Death any of the Subjects of this State being known and notorious Enemies and oppugners of the Government thereof, which was read the first time, passed & sent to the Senate.

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

The House adjourned till To-morrow 5 O'clock in the afternoon.


Saturday, 30 June, 1781.

The House met according to adjournment.

Mr. Tullock moved for leave and presented 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, which was read the first time, passed and sent to the Senate.

Resolved, That no person within this State who has upon any pretence whatsoever taken a parole from any of the Enemies of this State shall be allowed to take a seat in this House.

Mr. Starkey moved for leave and presented a Bill allowing Salaries to the Governor, Delegates, Judges of the Superior Courts, Attorney General, Public Secretary, Treasurers and Members of the

-------------------- page 917 --------------------
Council of State, which was read the first time, passed & sent to the Senate.

Received from the Senate the following Message:

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 on that head entered into by your House.

Ordered that the following Message be sent to the Senate:

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.

Mr. Person moved for leave and presented a Bill for raising Troops for the defence of this State, and for other purposes, which was read the first time, passed and sent to the Senate.

Mr. Person, from the Committee to whom was referred the Petition of David Allen and others, Delivered in the Report as follows:

Whereas, the Encouragement for manufacturing Iron would be of general Utility to the Inhabitants of this State, your Committee beg leave to recommend to the General Assembly to exempt Twelve hands which may be employed in that business by David Allen and Company for six or Twelve Months, as they shall think proper, from all Drafts, &c., and from all Military Duty, provided such hands enter into that business for six Months at least, and shall continue exempted as aforesaid so long as they shall continue in that service. All which is submitted to the Honbl. the General Assembly.

THOS. PERSON, Chairman.

The House taking the said Report into consideration concurred therewith.

Whereupon, Resolved, That any twelve persons who shall be employed by David Allen & Company, in the business of the Iron Works, shall during the time they shall be so employed be exempted from all Military duties and drafts whatsoever, provided such persons oblige themselves at the time of entering into the said business to continue therein for the space of at least six months.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence the Report of the Committee

-------------------- page 918 --------------------
to whom was referred the Petition of David Allen and others; also, a Resolve of this House in consequence thereof.

Received from the Senate a Bill for receiving to grace and favor all such persons who shall take the benefit thereof, and for other purposes.

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.

A Bill allowing Salaries to the Governor, Delegates, Judges of the Superior Courts, Attorney General, public Secretary, Treasurers and Members of the Council of State. Endorsed in Senate 30 June, 1781. Read the first time and passed.

Received from His Excellency the Governor the following Message:

To the Honorable the General Assembly:

Gentlemen:

I find upon enquiry that no office is kept wherein the General State of Public Accounts is entered, and as it is impossible to do justice to the State, with regard to its expenditures and advances, without regular and clear states and entries of the public accounts. I conceive it of great consequence that such office be established.

A State which has born so great a part of the burthen of the war, which has supplied so much of its property to the uses of the General Confederacy, and which must bear so considerable a proportion of the Common expences, must be essentially interested in having its accounts so kept as that its just Debts and Credits can be clearly ascertained, nor is the Interest of the people in the clearness of Accounts inconsiderable, since that alone can restrain abuses in the expenditure of public money. My Duty therefore, obliges me to point out to the honorable the General Assembly this defect in our Civil arrangement, for which I doubt not they will make effectual provision.

THOS. BURKE.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

-------------------- page 919 --------------------

Resolved, That a writ of Election issue to Burke County to Elect one Member of this House in the room and stead of Hugh Brevard, Deceased.

Also to Halifax County to Elect one Member of this House in the room and stead of Benj. McCullock, Esqr., who is disqualified from taking a Seat in this House by his being a Prisoner on Parole. That the said Elections be held on the second Monday and Tuesday in August next.

Also to the County of Randolph to Elect one Member of this House in the room and stead of Jeduthan Harper, Esquire, who is disqualified from taking a Seat by his being a Prisoner on Parole. That the said Election be held on the first Monday and Tuesday in August next.

Also to Nash County to Elect a Member in the room and stead of Mr. Edw' Nicholson who is disqualified from taking a Seat in this House by being a Prisoner on Parole. That the said Election be held on the third Monday and Tuesday next.

And also to the Counties of Anson and Brunswick to Elect each two Members of this House. Elections not having been held in the said Counties on the Days appointed for holding Annual Elections, and that the said Elections be held on the first Monday and Tuesday in September next.

The several Matters to this Day referred being postponed the House adjourned till Monday Morning 9 O'clock.


Monday the 2nd July, 1781.

The House met according to adjournment.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send for your perusal a Letter of twenty-ninth and a Letter of the 28th Ultimo from Brigadier General Jones addressed the General Assembly. We also send Messrs. Parker & Johnston's letters therein alluded to:

Received from His Excellency the Governor the following Messages:

To the Honorable the General Assembly:
Gentlemen:

By the Letter which I send herewith Major General Green refers to Colo. Drayton for a particular State of his Situation and Circumstances.

-------------------- page 920 --------------------
From the representation made by that officer I perceive that General Green is in want of reinforcements and that his situation may be very critical should he meet with any considerable check in South Carolina, an event which is far from being impossible.

I am informed, but not officially, that some Militia are drafted for service in the District of Salisbury, but the Governor has no power that I know of, to order them out of the State should it be found expedient or necessary. It may perhaps be eligible to order them to assemble at some place of rendezvous, and to march to join General Green as soon as he shall order them. Should this be approved by the General Assembly I could find means for communicating with the General on the subject.

Foreseeing that Troops must march through the District of Salisbury, either advancing or retreating, and desirous of preventing the evils inseparable from the march of an unprovided Army, I have requested Colo. Davie to from Magazines of Provisions and Forage at some convenient supplying post. But it is not in my power to furnish him with the necessary means. The Exhausted state of the Country, and the very unequal burthens of Transportation which have fallen on that District will make the business very difficult. It is highly worthy the attention of the General Assembly to make provision for Compensation to those who have already borne an overproportion of the public Burthens, and for preventing such unequalities in future.

I am also informed that the Militia now embodied for defence against the Enemy who remain in our Country will soon disband, their tour being nearly Compleated. As the Council of State is not yet formed, the Executive power cannot issue orders for embodying others. The General Assembly will also be pleased to take this matter into their consideration.

THOS. BURKE.

To the Honorable the General Assembly:
Gentlemen:

I herewith send you some dispatches from Major General Green, which arrived after the Letter mentioned in my former Message. The General Assembly are already well aware of the expediency of the measures which he recommends and I doubt not they will

-------------------- page 921 --------------------
engage their most serious attention. The Enemy being re-enforced in the State of South Carolina so as to enable them again to act offensively, and the consequent inferiority of General Greene's Army render it indispensably necessary that a considerable force of Militia be immediately embodied. The immediate safety of this State, as well as the General Utility of the United States, render it absolutely necessary. I hope therefore that the General Assembly will without loss of time empower me to proceed with vigor in this important business.

A Letter from William Pierce, Aid de Camp to General Greene, which is just come to hand, and sent for the perusal of the General Assembly, will give an Idea of the General's situation and the necessity there is for expedition.

THOS. BURKE.

To the Honorable the General Assembly:
Gentlemen:

I am informed that a considerable quantity of lead and other Stores very necessary for public service may now be procured at one of the ports in this State. If the Public would give as good a price as Individuals, and pay in commodities, proper for exportation, with punctuality, there is every reason to suppose that foreign Commodities would be pretty amply supplied by our own Merchants. It is therefore worthy the attention of the General Assembly to give power and to provide means for procuring them on the above principles.

If the General Assembly shall think proper to empower me to give assurances for the payment of the price in commodities, I will immediately give orders for securing the Stores aforesaid for the public.

THOS. BURKE.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Resolved, That the Letters from General Jones be referred to a joint Committee; that Messrs. Balfour, Smith, Bryan, Branch, Henderson and Payne be a Committee on the part of this House for that purpose.

-------------------- page 922 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House propose referring the Letters of the 28 & 29 Ult. from General Jones to a Joint Committee, and have for that purpose on our part appointed Messrs. Balfour, Smith, Bryan, Branch, Green, Henderson and Payne a Committee.

Received from the Senate the following Message:

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.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return 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.

Received from the Senate 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 Acts, and other purposes. Endorsed in Senate 30 June, 1781. Read the second time & passed.

A Bill for raising Troops for the defence of this State, and for other purposes. Endorsed in Senate 30 June, 1781. Read the first time & passed.

Mr. Henderson moved for leave to withdraw and amend the said Bill. Ordered that he have leave accordingly.

Resolved, That Johnathan Skinner, John Stafford, William Creecy, Richard Pratt, Edward Hall, Simeon Long and William Newbould be appointed Justices of the Peace for the County of Perquimans, and that His Excellency the Governor be requested to Commission them immediately.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for your concurrence a Resolve requesting His Excellency

-------------------- page 923 --------------------
the Governor to Commission the Justices therein mentioned for Perquimans County.

The order of the Day for reading for the second time the Bill for levying a Money and Specific Tax for the year 1781, being called for and read, the House according to order proceeded to read for the second time the said Bill. The same was read the second time, amended, passed and sent to the Senate.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

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

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.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons have appointed Messrs. Tillman, 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 this State to reinforce the Southern Army.

The Bill for protecting the Navigation of Ocracoke Bar and the sounds and rivers communicating therewith was read the second time & passed and sent to the Senate.

Received from the Senate a Bill for vesting a power in the Honorable the Continental Congress to levy a Duty of five per Cent. on all foreign Merchandizes, except such articles as are therein excepted, and for other purposes. Endorsed in Senate 2 July, 1781. Read the first time and passed.

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

-------------------- page 924 --------------------

Received from the Senate the following Message:

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.

Ordered that the following Message be sent to the Senate:

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.

The Bill for appointing District Auditors for settling the pay of the Militia and other Claims against this State was read the second time, amended, passed and sent to the Senate.

The Bill for receiving to grace and favor all such persons who shall take the benefit thereof, and for other purposes, was read the first time, passed and sent to the Senate.

Received from the Senate 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 Senate 2 July, 1781. Read the second time and passed.

A Bill for the protecting of Ocracoke Bar and the sounds and Rivers communicating therewith, and other purposes. Endorsed in Senate 2 July, 1781. Read the third time, amended & passed.

General Bryan, from the Committee appointed to take under consideration the Letters from General Jones of the 28th & 29th of last Month, reported as follows, viz.:

That Delegates ought to be immediately chosen to relieve those now at Congress, and that they ought to be furnished with a sufficiency of Money to defray the expenses incident to their appointments.

The Committee also beg leave to report it as their opinion that the Letter from General Jones respecting the raising and arming the men ordered from Halifax District to the aid of the District of Edenton, together with the Letter from Colonel Parker, be referred to His Excellency the Governor, and that he be requested to proceed on the subject matter thereof, as to him shall seem most eligible.

-------------------- page 925 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for your concurrence the Report of the Committee appointed to take under consideration General Jones' Letters, 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.

On motion, Resolved, that Mr. Jonathan Skinner have leave to absent himself from the service of the House during the Session.

The House adjourned till To-morrow Morning 6 O'clock.


Tuesday, 3 July, 1781.

The House met according to adjournment.

The Bill for vesting a power in the Honorable the Continental Congress to levy a Duty of five per Cent. on all foreign Merchandises, except such Articles as are therein excepted, and for other purposes, was read the first time, passed & sent to the Senate.

The Bill for the more effectually punishing the Enemies of this and the United States, and other purposes, was read the first time, passed and sent to the Senate.

The Bill for protecting the Navigation of Ocracoke Bar and the sounds and Rivers communicating therewith, and other purposes, was read the third time, passed and ordered to be Engrossed.

The Bill for the relief of all such persons as are rendered incapable of procuring themselves and Families subsistence by wounds received in defence of their Country, and for other other purposes was read the second time amended passed and sent to the Senate.

The Bill allowing Salaries to the Governor, Delegates, Judges of the Superior Courts, Attorney General, Public Secretary, Treasurers and Members of the Council of State was read the second time, amended, passed and sent to the Senate.

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

Resolved, That His Excellency the Governor be requested and directed to adopt the most early and effectual measures in his power to carry into effect the Resolves of Congress of the . . . . .

-------------------- page 926 --------------------
. . . relative to the exercising the Law of retaliation upon the British prisoners in our possession by causing them to be used with the same treatment in all respects whatever as our prisoners in the possession of the British or their adherents are used with.

Ordered that the following Message be sent to the Senate:

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 the British prisoners in our possession.

Mr. Spaight from the Committee appointed to prepare and bring in a Bill for drafting the Militia to re-enforce the Southern Army presented said Bill which was read the first time, passed & sent to the Senate.

Received from the Senate a Bill directing the Duty of the Naval Officers and for preventing the exportation of provisions for a limited time, and for other purposes. Endorsed in Senate 3 July, 1781. Read the first time and passed.

A Bill for levying a Money and Specific Tax for the year 1781. Endorsed in Senate 2 July, 1781. Read the second time, amended & passed.

The Bill for raising Troops for the defence of this State, and for other purposes, was read the second time, amended, passed and sent to the Senate.

Received from the Senate the Bill for drafting the Militia to reinforce the Southern Army. Endorsed in Senate 3 July, 1781. Read the first time and passed.

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

Received from the Senate the following Messages:

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.

Mr. Speaker and Gentlemen:

We return the Report of the joint Committee on General Jones' Letters concurred with, and have caused a Copy thereof to be presented his Excellency the Governor.

-------------------- page 927 --------------------

Received from the Senate the Bill for appointing District Auditors for settling the pay of the Militia and other Claims against this State. Endorsed in Senate 3 July, 1781. Read the second time & passed.

Mr. Macon moved for leave and presented a Bill to regulate and ascertain several officers fees in this State, which was read the first time, passed and sent to the Senate.

The Bill directing the Duty of Naval Officers and for preventing the exportation of provisions for a limited time and for other purposes, was read the first time, passed and sent to the Senate.

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

Resolved, That no new Bill except such as shall be of a public nature will be received after To-morrow.

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

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve for admitting no new Bill after To-morrow.

Resolved, That the Bill for appointing District Auditors for settling the pay of the Militia and other Claims against this State, and the Bill for levying a Money and Specific Tax for the year 1781, be read each for the third time To-morrow.

The House adjourned til To-morrow Morning 6 O'clock.


Wednesday 4 July, 1781.

The House met according to adjournment.

Mr. Henderson moved for leave and presented a Bill to amend and explain an Act entitled an Act for establishing Courts of Law and regulating their proceedings therein, which was read the first time, passed and sent to the Senate.

Received from the Senate a Bill to regulate and ascertain the several officers fees in this State. Endorsed in Senate 4 July, 1781. Read the first time and passed.

The order of the Day for reading the third time the Bill for appointing District Auditors for settling the pay of the Militia, &c., being called for and read. Ordered that the said Bill be read the

-------------------- page 928 --------------------
third time. The same was accordingly read the third time and rejected.

The Bill for drafting the Militia to reinforce the Southern Army, was read the third time, amended, passed and sent to the Senate.

The order of the day for reading for the third time the Bill for levying a Money and Specific Tax for the year 1781 being called for and read. Ordered that the said Bill be read the third time. The same was read the third time, amended, passed & sent to the Senate.

Read the Petition of John Ray and William Clark, praying, &c. Ordered that the same be referred to the Committee appointed to take under Consideration the Petition of Joshua Gordon and others.

Received from the Senate a Bill to relieve all such persons as are rendered incapable of procuring themselves and Families a Subsistence by reason of wounds received in defence of their Country and for other purposes.

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 Senate 4 July, 1781. Read the second time and passed.

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

A Bill to amend and explain an Act entitled an Act for the Establishing Courts of Law and regulating the proceedings therein. Endorsed in Senate 4 July, 1781. Read the first time & passed.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send for your perusal the Petition of Thomas Caben addressed to the General Assembly.

Mr. Randle presented a Petition from a number of the Inhabitants of Montgomery County praying that an Act be passed to establish the Court House of the said County at the place wherein it at present stands and moved for leave to prepare and bring in a Bill agreeable to the prayer of the said Petition. Ordered that he have leave accordingly.

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 was read the third time, amended, passed and sent to the Senate.

-------------------- page 929 --------------------

Resolved, that Mr. Spaight, Mr. Balfour and General Bryan, be a Committee to examine and Report on the Claim of L. Van Shellebeck.

Mr. Lutrell presented a Memorial from John Wilcox which was read, and ordered to be referred to a joint Committee, that Gen. Person, Henderson, Balfour and Mr. Lutrell, be a Committee on the part of this House for that purpose.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for your perusal and consideration, the Memorial of Jno. Wilcox, of Chatham county, which we propose referring to a joint Committee to report on, and have on our part appointed Mr. Person, Henderson, Balfour and Lutrell, a Committee.

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

A Bill for authorizing the Juries in all Tryals in the Courts of Law in future to allow depreciation, if any there be, on the present Currency of this and the United States.

A Bill allowing Salaries to the Governor, Delegates, Judges of the Superior Courts, Attorney General, Public Secretary, Treasurers, Members of the Council of State and Public Printer.

A Bill for vesting a power in the Honorable the Continental Congress to lay a Duty of five per cent. on all Foreign Merchandize except such Articles as are therein excepted, and for other purposes. Endorsed in Senate 4th July, 1781, read the second time, amended and passed.

General Bryan from the Committee appointed to Report on the Claim of L. Van Shellebeck, Reported as follows:

That they find that Mr. Shellebeck left New Bern on the 26th Feby. last, on a journey to Hampton, in Virginia, vested with powers from the Governor of this State to confer with the Commander of the French Fleet; and to gain intelligence respecting that armament, that he was Twenty-five Days in performing the journey, that travelling expences about that time was from four to five hundred dollars per day, that the Currency has since that time depreciated Cent per Cent, that Mr. Shellebeck lost a Horse on the Road for which he paid Twelve Thousand two hundred and Forty pounds.

-------------------- page 930 --------------------

Your Committee are therefore of opinion that he ought to be allowed for said Horse and his expences Twenty-one Thousand two hundred and Forty Pounds, all which is Humbly submitted.

WM. BRYAN, Ch'n.

The House taking the said Report into consideration, concurred therewith; Whereupon, Resolved, that the Treasurers or either of them pay unto L. Van Shellebeck the sum of Twenty-one Thousand two Hundred and Forty pounds to reimburse him, his expences in travelling to Virginia to Confer with the Commander of the French Fleet, who shall be allowed in the settlement of their accounts.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send for your Concurrence a Report of the Committee of this House on the Claim of L. Van Shellebeck, 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 expences, &c.

The 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 Acts and other purposes, was read the second time and rejected.

The Bill to amend an Act, entitled an Act, to regulate the Militia of this State and for other purposes, was read the first time, passed, and sent to the Senate.

Mr. Jas. Williams moved for leave to prepare and bring in 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. Ordered that he have leave accordingly.

The Bill for directing the duty of Naval officers and for prevent-the exportation of provisions for a limited time and for other purposes, was read the second time, passed and sent to the Senate.

Whereas, a number of the Militia of this State did fly from the action at Guilford Court House on the 15th of March last, and have since then (a part of them) been turned over into the Continental Service, while others equally offenders against the Laws of the State have been suffered to stay at their respective homes and have been

-------------------- page 931 --------------------
Classed, and have assisted in raising the Twelve Months Soldiers for compleating the Continental Battalions belonging to this State, and whereas those by turning out immediately upon being requested so to do, and have marched to Head Quarters with intention to complete their respective Tours of Duty would be in a worse situation than those who refused so to do when ordered by their respective officers as they are entitled to no exemption after the twelve months expire nor to any bounty or Cloathing, nor is any provision made by the Laws of this State for the support of their Families whilst they continue in that service.

Resolved, that it be recommended by the General Assembly of this State to Major General Greene to discharge those unhappy men and to permit them to return to their Families as soon as the situation of affairs will admit of such an Act of Benevolence.

Ordered that the following Message be sent to the Senate:

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 as soon as the situation of affairs will admit of such an Act of Benevolence.

Resolved, That a writ of Election issue to the County of Wayne to Elect one Member of this House in the room and stead of Burwell Mouring, Esquire, who is disqualified from taking a seat in this House by his receiving a parole from the British; that the said Election be held on the first Monday and Tuesday in August next.

Mr. Hawkins moved for leave and presented a Bill to vest in John Hay, his Heirs and assigns, Two Thousand and Eighty Acres and one-third part of an Acre of Land on the Six Runs, in Duplin County, late the Estate of Arthur Dobbs, Esquire, Deceased, which was read the first time, passed & sent to the Senate.

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

Mr. Payne moved for leave and presented 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

-------------------- page 932 --------------------
the use of the Public, to account for the same, and for other purposes, which was read the first time, passed and sent to the Senate.

Received from the Senate 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 Senate 4 July, 1781. Read the third time, amended & passed.

A Bill for raising Troops for the defence of this State, and for other purposes. Endorsed in Senate 4 July, 1781. Read the second time, amended and passed.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

Ordered that the following Message be sent to the Senate:

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 to the General Assembly of Virginia, respecting the protection of the Navigation of Ocracoke Bar.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

Colonels Rogers, Irwin, Shepperd and Folsom will act with the Gentlemen by you appointed to consider of and report on the Petition of Mr. Wilcox.

The House adjourned until To-morrow Morning 7 O'clock.


Thursday, 5 July, 1781.

The House met according to adjournment.

The Bill directing the duty of Naval officers and for preventing the exportation of provisions for a limited time, and for other purposes, was read the third time, passed and ordered to be Engrossed.

The Bill to amend an Act passed at New Bern in May, 1780, entitled an Act to enlarge the Jurisdiction of Justices of Peace, and for other purposes, was read the second time, amended, passed and sent to the Senate.

-------------------- page 933 --------------------

Read the Letter from Colo. Malmedy representing the particular situation of General Greene's Cavalry for want of a further supply of Horses.

Ordered that the same be referred to a joint Committee; that Messrs. Bryan, Wilson, Horn, Balfour, Hawkins and Smith be a Committee on the part of this House for that purpose.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

On reading the Petition of Harrison Macon, praying that he may be permitted to remit four Hogsheads of Tobacco to Charlestown for the purpose of discharging debts incurred at that place whilst he was a prisoner with the Enemy.

Resolved, That the prayer of the said Petition be granted.

Ordered that the following Message be sent to the Senate:

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 purposes therein mentioned; also the Petition of the said Macon by which we have been induced to enter into the said Resolve.

Read the Memorial of John Humphries, Esquire. Ordered that the same be referred to a joint Committee; that Messrs. Eaton, Smith and Starkey be a Committee on the part of this House for that purpose.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

The Bill for raising Troops for the defence of this State, and for

-------------------- page 934 --------------------
other purposes, was read the third time, passed and sent to the Senate.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Resolved, That the Bill allowing Salaries to the Governor, Delegates, Judges of the Superior Courts, Attorney General, Public Secretary, Treasurers, Members of the Council of State and Public Printer be read Tomorrow for the third and last time in this House.

The Bill for vesting a power in the Honorable the Continental Congress to levy a Duty of five per Cent. on all Foreign Merchandizes, except such articles as are therein excepted, and for other purposes, was read the second time, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

Mr. Balfour moved for leave to withdraw and amend the Bill for authorizing the Juries in all Trials in the Courts of Law to allow depreciation, &c. Ordered that he have leave accordingly.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

Messrs. Coor, Macon, Everagin, Irwin, Rogers and Spicer will act with the Gentlemen by you appointed to consider of and report on Colo. Malmedy's Letter.

Mr. Speaker and Gentlemen:

We send for your perusal a Message from His Excellency the Governor, in consequence of which we have appointed Messrs. Coor and Irwin to consider of and report on the defects of 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, tho' not heretofore practiced, we conceive is neither unconstitutional nor unparliamentary, as this Bill has not had a ratification.

-------------------- page 935 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons have appointed Messrs. Bryan, Williams, Person, Starkey, Smith and 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.

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


Friday 6 July, 1781.

The House met according to adjournment.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons have appointed Messrs. Starkey, Williams, Benton, Green and 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 Commissioners as may be ready to have their accounts adjusted.

Mr. James Williams moved for leave and presented a Bill for continuing the district auditors, directing their duty in office, and for other purposes, which was read the first time, passed and sent to the Senate.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

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

Mr. Speaker and Gentlemen:

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

Ordered that the following Message be sent to the Senate:

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 Senate the following Message:

Mr. Speaker and Gentlemen:

General Butler and Mr. Hill will act with such of your Body as may be appointed to report on an address to the General Assembly

-------------------- page 936 --------------------
from Sundry of the Inhabitants of Montgomery County herewith sent you.

Ordered that the following Message be sent to the Senate:

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.

The order of the Day for reading for the third and last time in this House, the Bill allowing Salaries to the Governor, Delegates, Judges of the Superior Courts, Attorney General, Public Secretary, Treasurers, Members of the Council of State and Public Printer, being called for and read. Ordered that the said Bill be read the third time. The same was read the third time, amended, passed and sent to the Senate.

On the question shall the Bill pass or not pass, it was objected to and carried in the affirmative 39 to 10. The Yeas and Nays being required by Mr. Person are as follows:

Yeas:—Messrs, Alderson, Horne, W. Bryan, Tillman, Eaton, Payne, Cole, D. Smith, W. Green, Brickell, J. Williams, Gowdy, Reddick, Henderson, Branch, S. Williams, Smithwick, Randle, Alexander, Starkey, Campbell, Withrow, Miller, Ewd. Williams, Lewis, Blount, Pope, Hinton, Macon, Hawkins, Spaight, Turner, Shepperd, Benton, Evans, Tullock, Luttrell, Cain, and Hardy Bryan. Nays.—Geo. Moore, Boon, Whitty, D. Wilson, Phifer, Moss, Lenoir, Person, McDowell and Hicks.

Received from the Senate a Bill to compel all such persons as have received or been intrusted 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.

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 Senate 4th July 1781, read the first time, & passed.

A Bill for vesting a power in the honorable the Continental Congress to levy a duty of five per cent on all foreign Merchandizes except such articles as are therein excepted and for other purposes. Endorsed in Senate 5th July, 1781, read the third time and passed.

Mr. Person from the joint Committee to whom was referred the letter from His Excellency, the Governor, respecting an Act passed

-------------------- page 937 --------------------
this Session of General Assembly, Reported as follows. That your Committee are of opinion that the Act referred to is expressive, and fully comprehends the Salutary purposes intended by the General Assembly, and by no means restricts the Governor with the advice of the Council from imbodying any number of Militia for the immediate defence of this State agreeable to the Constitution and the Militia Law.

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send 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.

Mr. Williams according to order, presented 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, which was read the first time, passed, & sent to the Senate.

Resolved, that the Bill for vesting a power in the Honorable the Continental Congress, to levy a duty of five per Cent on all foreign Merchandizes except such articles as are therein excepted, and for other purposes be read to-morrow morning for the third and last time.

The Bill to enable the Justices of New Hanover County to hold a Court in any part of the County and other purposes, was read the first time, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

The Bill to regulate and ascertain the several officers therein mentioned, was read the second time, amended, passed, and sent to the Senate.

Read the Memorial of Colo. Linton. Ordered that the same be referred to a joint Committee. That Messrs. Starkey, McDowall,

-------------------- page 938 --------------------
Williams, Person and General Bryan be a Committee on the part of this House for that purpose.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Read the Petition of Thomas Wooten in behalf of John Witherspoon. Ordered that the same be referred to the Committee of Propositions and Grievances.

Received from the Senate 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 Senate 6 July, 1781. Read the second time, amended and passed.

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 Senate 6 July, 1781. Read the first time & passed.

Received from the Senate the following Messages:

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.

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.

At the same time received the Resolves referred to in the above Messages and the same being read were rejected; whereupon,

Resolved, That Messrs. Williams, Bryan, Henderson, Person, Balfour and Benton be a Committee to prepare and bring in a Resolve requiring all persons who have had the handling of Public Moneys, &c., to account for the same.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

The Senate have appointed Messrs. Salter, McKenzie and Bryan

-------------------- page 939 --------------------
a Committee who will act jointly with the Gentlemen by you appointed to consider of the Memorial of John Humphries, Esquire.

Mr. Speaker and Gentlemen:

Generals Lock and Butler, Mr. Macon and Colonel Taylor will act with the Gentlemen by you appointed to consider of Colonel Linton's Memorial.

The House adjourned till To-morrow Morning 7 O'clock.


Saturday, 7 July, 1781.

The House met according to adjournment.

Mr. Bryan, from the Committee to whom was referred the Letter from Colonel Malmedy, reported as follows:

That it appears to your Committee that General Greene is in immediate want of a number of Dragoon Horses for the use of the Southern Army. They are therefore of opinion that one Hundred and sixty Horses, proper for that service, exclusive of those already ordered to be raised, be immediately procured in this State, either by purchase or impressment, and for that purpose that a Commissioner be appointed in each of the Districts of this State, and that in case recourse should be had to impressure, the said Commissioners be directed not to impress more than four Horses from any County, and to cause them to be forwarded without delay to Gen'l Greene's Camp.

WM. BRYAN, Chairman.

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

Resolved, That one hundred and sixty Horses, exclusive of the forty already voted by this Assembly, be immediately raised for that purpose; and that Richard Grimes be appointed Commissioner for the District of Salisbury, John Gwinn for the District of Hillsborough, James Vaughan for the District of Halifax, William Baker for the District of Edenton, Lewis Bryan for the District of New Bern, and David Dodd for the District of Wilmington—each of them with power to appoint assistants for the purpose of procuring the same by purchase or Impressment from the several Districts in the following proportions: From the District of Salisbury, fifty; from the District of Hillsborough, twenty-two; from the District of Halifax, twenty-eight; from the District of Edenton, twenty-four;

-------------------- page 940 --------------------
from the District of New Bern, twenty-four; and from the District of Wilmington, twelve. And that the Commissioners be authorized to offer generous prices for said Horses, and to give Certificates for the same in Specie; and in case a sufficient number cannot be speedily procured by purchase, that the several Commissioners or their assistants be empowered to impress not exceeding four Horses from any one County to complete the aforesaid number, and to cause such impressed Horses to be appraised in Specie agreeable to Law, and that the Horses raised in the Districts of Salisbury and Hillsborough be forwarded with the greatest expedition to General Greene's Army, and that those raised in the four lower Districts be forwarded in like manner by the several Commissioners to Hillsborough, or to such other place as may be appointed by His Excellency the Governor or the Commander in Chief of the Southern Army, to be forwarded on to Camp. And that the Commissioners aforesaid make descriptive list of the Horses by them purchased or Impressed, of whom procured and the prices, together with an account of their expenses and expenditures in putting this Resolve into execution, and return the same to the Board of State Auditors as soon as may be, and that they be allowed all reasonable expenses and a generous compensation for their Trouble.

Resolved, That no Horse shall be purchased or impressed for the aforesaid service under four feet Eight inches high, nor under four nor over Twelve years old, and that no Stone Horse shall be impressed for the service aforesaid.

Resolved, further, that if any of the Commissioners before appointed for the purpose of procuring Horses should refuse or neglect to act in the business aforesaid, the Member or Members of the County wherein he resides shall be empowered and they are hereby required to appoint some other person to act in his stead.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for your perusal and concurrence the Report of the Committee appointed to take under consideration the letter from Colo. Malmedy and a Resolve of this House entered into in consequence thereof.

-------------------- page 941 --------------------

Ordered that the following Message be sent to the Senate:

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, at four O'Clock this evening, and put in nomination for Delegates, Samuel Johnston, Abner Nash, Ephraim Brevard, Charles Johnston, Benj. Hawkins, Phil. Hawkins, jun., James Williams, Archibald McLaine, Alexander Martin, and Col. Alexander Irwin, Esquires. For Treasurers, Robert Lanier and 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 ard Cogdell for the District of New Bern, Matthew Jones and Memucan Hunt for the District of Hillsborough. The place for holding the next Assembly at, Halifax, New Bern, Nutbush, Smithfield, and Tarborough. The time when the first Monday in November and the Second Monday in January next.

Received from the Senate a Bill to amend an Act passed at New Bern in May, 1780, Entitled an Act to enlarge the Jurisdiction of the Justices of the Peace and for other purposes. A Bill to regulate and ascertain the several officers' fees therein mentioned. Endorsed in Senate 7th July, 1781, read the second time, amended & passed.

A Bill for continuing the District Auditors directing their duty in office and for other purposes.

A Bill to enable the Governor with the advice of the Council to procure Tobacco for the purpose of obtaining Arms, &c. Endorsed in Senate 7th July, 1781, read the first time and passed. Read a letter from Joshua Potts, and one other from Col. William R. Davie, Commissary General, &c. Ordered that the same be sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send herewith the report of the joint Committee appointed to

-------------------- page 942 --------------------
take under consideration the Memorial of Colonel William Linton, concurred with by this House.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The report of the joint Committee on the Memorial of Colonel Linton we return herewith concurred in.

Whereas sundry entries have been made in the entry taker's office in the County of Rutherford for Lands which lie to the westward of a line formerly agreed on as a boundary between the people of this State and the Cherokee Indians, and which said Land was by treaty reserved to the Cherokees for places of residence, hunting grounds, &c.

Resolved, that all such entries are null and void, and that the Money or Monies paid into said office on account thereof except the Entry taker's fees, be immediately returned to the person or persons intituled thereto, and the Entry taker is hereby ordered to repay the same.

Ordered that the following Message be sent to the Senate:

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.

Mr. Spaight moved for leave, and presented a Bill for the relief of such persons as have taken paroles, and for other purposes, which was read the first time, passed, and sent to the Senate.

Mr. Payne moved for leave and presented a Bill to vest the Executive powers of the Governor & to continue the Delegates from this State to the Continental Congress, and for other purposes which was read the first time, passed, and sent to the Senate.

Received from the Senate the Bill for the more effectual regulation of the Commissary department. Endorsed in Senate 7th July, 1781, read the first time, and passed.

The Bill for the more effectual regulation of the Commissary department was read the first time, passed and sent to the Senate.

The Bill to amend an Act passed at New Bern in May, 1780, intitled an Act to enlarge the Jurisdiction of Justices of Peace, and

-------------------- page 943 --------------------
for other purposes, was read the third time, amended, passed, and sent to the Senate.

On motion, Resolved, that Mr. Ben Shepperd, one of the members for Dobbs County, and Mr. Jos. Hawkins, one of the members for Warren County, have leave to absent themselves from the service of the House for the remaining part of this Session.

Received from the Senate a Bill for the relief of such persons as have taken paroles, and for other purposes. Endorsed in Senate 7th July, 1781, read the first time, and passed.

Received from the Commons the following Messages:

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.

Mr. Speaker and Gentlemen:

The Senate will concur with the Resolve of the Commons for procuring Dragoon Horses, provided it be agreeable to them to dele the name of Henry Pope, and insert that of James Vaughan, and to dele the name of William McKinney and insert that of Lewis Bryan.

Ordered that the following Message be sent to the Senate:

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.

The several matters of this day referred being postponed until tomorrow morning 10 O'Clock.

The House adjourned til to-morrow morning 7 O'Clock.


Sunday 8th July, 1781.

The House met according to adjournment.

Mr. Starkey from the Committee to whom was referred the Memorial of John Humphries, Esquire, Reported as follows:

That it appears to your Committee three hundred and nine Gallons of old Spirits the said Mr. Humphries' property was impressed for the use of the Militia of Halifax District, and that he had previous to the impressment thereof sold part of said Rum to General

-------------------- page 944 --------------------
Person, at the rate of two Gallons and a half for one hundred weight of Tobacco.

Your Committee are of opinion that Mr. Humphries ought to be paid for the above quantity of Rum on the aforesaid Terms, amounting in the whole to Twelve Thousand three hundred and Sixty pounds weight, all which is submitted.

The House taking the said Report into Consideration, Resolved that they do concur therewith.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Mr. James Hunter, one of the Members for Guilford County, appeared, was qualified and took his seat.

The order of the Day for reading for the third and last time the Bill for vesting a power in the Honorable the Continental Congress to levy a Duty of five per Cent. on all foreign Merchandizes, except such articles as are therein excepted, and for other purposes, being called for and read, ordered that the said Bill be read the third time. The same was read the third time, passed and ordered to be Engrossed.

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

Mr. Person, from the Committee of Propositions and Grievances, reported as follows on the Petition of Colo. Thomas Wooten:

That, after taking the Petition under consideration, we find that a certain John Witherspoon, who was an Inhabitant of Orange County, was illegally drafted a Soldier in Wake County; therefore, it is the opinion of the Committee that the said John Witherspoon be considered as discharged from the service into which he was drafted. All which is submitted.

THOS. PERSON, Chairman.

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence the Report of the Committee

-------------------- page 945 --------------------
of Propositions and Grievances on the Petition of Colo. Thomas Wooten, concurred with by this House.

The Bill to amend an Act entitled an Act to regulate the Militia of this State, and for other purposes, was read the second time, amended, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

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

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

Ordered that the following Message be sent to the Senate:

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 from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Senate have appointed Colonel Salter, Mr. Jordan and Mr. Battle to take under consideration the Letter from the Commissary General, herewith sent you, who will act for that purpose with such

-------------------- page 946 --------------------
Gentlemen of the Commons as may be appointed. We propose that this Committee likewise take under consideration the Letter from Mr. Potts, herewith sent and the condition of the other superintending Commissioners in the State. We further propose that these Gentlemen prepare and bring in a Bill to regulate the Commissary department.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons have on their part appointed Messrs. Starkey, Person, Lutrell, Smith and Wilson to act with the Gentlemen by you appointed to take under consideration the Letters from the Commissary General and the Letter from Mr. Potts, &c.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

This House have appointed Colonel Ramsey, General Butler and Colo. Irwin 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 and Cumberland.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We have appointed Messrs. Balfour, Williams, Hunter, McDowell, Miller and 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.

Received from His Excellency the Governor a Letter, and the same being read, was ordered to be sent to the Senate.

The House adjourned till To-morrow Morning 6 O'clock.


Monday, 9 July, 1781.

The House met according to adjournment.

Mr. Henderson moved for leave and presented 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, which was read the first time, passed and sent to the Senate.

Resolved, That Messrs. Henderson, Person and Bryan be a Committee

-------------------- page 947 --------------------
to devise ways and means to reimburse such people as lent Salt for the use of the public fishery, &c.

On motion, Resolved, That Mr. William Brickell, one of the members for Franklin County have leave to absent himself from the service of this House after To-morrow 10 O'clock.

Received from the Senate the following Message of the 28 ultmo:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve in favor of Ephraim Alexander late of Mecklinburg County.

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

The Bill to enable the Justices of New Hanover County to hold a Court in any part of the County, and other purposes, was read the second time, amended, passed & sent to the Senate.

Resolved, That the House will proceed to read the Bills and receive no other business until that is gone through.

On reading the Bill to impower the Juries in all cases to allow depreciation, &c., it was moved and seconded that the words heretofore be made as an amendment to the Bill, which would impower Juries to allow depreciation on all former Debts and Contracts, as well as on all others hereafter to be made, it was objected to. The question was put and carried in the negative 35 to 14 the Yeas and Nays being required are as follows:

Yeas:—Messrs. Alderson, Phifer, Alexander, Starkey, Gorham, Withrow, Miller, Humphries, Balfour, McDowell, L. Williams, Luttrell, Arrington and Hunter.

Nays;—Messrs. Horn, W. Bryan, Tillman, Eaton, Moore, Cole, Smith, Greene, Brickell, Gowdy, Reddick, Henderson, Boon, Harget, Whitty, S. Williams, Smithwick, Wilson, Randle, Sikes, Campbell, E. Williams, Lewis, Blount, Macon, Lenoir, Person, Turner, Phillips, Benton, Evans, Hicks, Tullock, Medlock and H. Bryan.

The 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, was read the third time and rejected.

On the third and last time of reading the Bill for raising the Troops for the defence of this State in the Senate the Senate propose deleing the clause for compelling each Class to raise a bounty of

-------------------- page 948 --------------------
fifty pounds Specie for the person raised out of such Class. It was moved and seconded that this House should concur with the amendment proposed by the Senate. It was objected to and the question was put and it was carried in the affirmative 27 to 21, the Yeas and Nays being required are as follows:

Yeas:—Messrs. Horn, Eaton, Payne, D. Smith, Brickell, Gowdy, Henderson, Branch, Boon, Williams, Randle, Alexander, Starkey, Campbell, Lewis, Pope, Spaight, Turner, R. Smith, McDowall, Benton, Hicks, Tullock, Luttrell, Medlock, H. Bryan and Hunter.

Nays:—Messrs. Tillman, Cole, Reddick, Harget, Whitty, Wilson, Phifer, Gorham, Moss, Withrow, Miller, E. Williams, Blount, Macon, Lenoir, Person, Greene, Phillips, Humphries, Evans and L. Williams.

Received from the Senate 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 Senate 9 July, 1781. Read the third time, amended & passed.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We have appointed Messrs. Smith, Spaight, Williams and Person on our part to act with the Gentlemen by you appointed to consider of the Governor's Message of the 7 Inst.

Received from the Senate the following Message:

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 Mr. Coor to the Committee.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House agree that the Letters from General Sumner and

-------------------- page 949 --------------------
Colonel Robeson be recommitted, and have added to the Committee Messrs. Balfour, Lutrell and Macon.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

The Bill to enable the Governor, with the advice of the Council, to procure Tobacco for the purpose of obtaining Arms, &c., was read the first time, passed & sent to the Senate.

The Bill to amend and explain an Act entitled an Act for the establishing Courts of Law and regulating the proceedings therein was read the second time, passed and sent to the Senate.

The Bill for the Relief of such persons as have taken paroles, and for other purposes, was read the second time, amended, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

This House have read and rejected the Report of the joint Committee on the Internal defence of the Counties of Chatham, Randolph and Cumberland, and propose that the subject matter thereof be recommitted.

Ordered that the following Message be sent to the Senate:

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 Colo. Medlock & Mr. D. Smith to the said Committee.

Resolved, That the Commissioners of Trade, or any other Person having Public Tobacco in their hands, pay unto Mr. John Humphries, of Currituck County, Twelve Thousand three hundred and Sixty pounds weight of Merchantable Tobacco for a certain quantity of Rum impressed for Public use, and the person so paying the Tobacco shall be allowed in the settlement of his Accounts with the public.

-------------------- page 950 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve directing the Commissioners of Trade, or any other person having Public Tobacco in their hands, to pay Mr. Humphries a certain quantity therein mentioned.

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

Received from the Senate a Bill for raising Troops out of the Militia of this State for the defence thereof, and for other purposes. Endorsed in Senate 9 July, 1781. Read the first time & passed.

Ordered said Bill be read. The same being read the first time, passed & sent to the Senate.

Mr. Green moved for leave and presented a Bill for obliging the Counties who have not furnished their Quota of Continental Troops as required by a late Act of the General Assembly of this State to furnish the same, which was read the first time, passed and sent to the Senate.

Received from the Senate a Bill for raising Troops out of the Militia of this State for the defence thereof, and for other purposes. Endorsed in Senate 9 July, 1781. Read the second time, amended & passed.

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

The House adjourned till Tomorrow Morning 6 O'clock.


Tuesday, 10 July, 1781.

The House met according to adjournment.

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

A Bill for the relief of such persons as have taken paroles, and

-------------------- page 951 --------------------
for other purposes. Endorsed in Senate 9 July, 1781. Read the second time, amended & passed.

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

The Bill for continuing the District Auditors directing their duty in office, and for other purposes, was read the Second time, amended, passed, & sent to the Senate.

A Bill for raising Troops out of the Militia of this State for the defence thereof & for other purposes, was read the second time, amended, passed, and sent to the Senate.

The Bill for obliging the Counties who have not furnished their Quota of Continental Troops as required by a late Act of the General Assembly of this State to furnish the same, was read the Second time, amended, passed, and sent to the Senate.

Mr. Jas. Williams moved for leave to enter his protest against the fees established to the Surveyors. Ordered that he have leave.

The Bill to regulate and ascertain the several officers' fees therein mentioned, was read the third time, amended, passed, and sent to the Senate.

Received from the Senate the Bill to amend an Act, intitled an Act, to regulate the Militia of this State and for other purposes.

A Bill for raising Troops out of the Militia of this State for the defence thereof and for other purposes. Endorsed in Senate 10 July, 1781, was read the third time, amended & passed.

The Bill to compel all such persons as have received or been intrusted 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, was read the Second time, amended, passed, and sent to the Senate.

The Bill for raising Troops out of the Militia of this State for the defence thereof, and for other purposes, was read the third time, passed, and ordered to be Engrossed.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons propose Ballotting To-morrow at 4 O'Clock in the 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;

-------------------- page 952 --------------------
for first Major, Richard Dobbs Spaight, William Brickell, Joel Lewis and Thomas James; for second Major, John Raiford and William Eaton Johnston; for Major of the Horse, the Baron DeGlobeck, Joseph Hawkins and Guilford Dudley. If you accede to this measure you'l signify the same by Message.

The Bill to amend and explain an Act, entitled an Act, for the establishing Courts of Law and regulating the proceedings therein, was read the third time, amended, & passed, and sent to the Senate.

Resolved that the Bill to amend an Act, intitled an Act, to Regulate the Militia of this State, and for other purposes, be read tomorrow for the third and last time.

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


Wednesday July 11th, 1781.

The House met according to adjournment.

Whereas sundry Inhabitants in and about Edenton did voluntarily subscribe to defray the expence of an expedition against the Row Galley called the General Arnold, commanded by a certain Captain Robison, who on the fourth and fifth of June last, had plundered and burnt on the River above and below Edenton considerable quantities of valuable property. In order that those who risked their private fortunes on the public faith for the common defence may have security of being reimbursed.

Resolved, that the Auditors for the District of Edenton allow the account of fifty three thousand eight hundred pounds and grant Certificates for the same as in other cases as exhibited to this House signed by Josiah Collins, William Bennett, Joseph Smith, and Jos. Blount, Commissioners, appointed by the Subscribers to conduct the business of the above expedition.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

On the Question shall the Resolve (referred to in the above Message) pass or not pass, it was objected to and carried in the affirmative 37 to 17. The Yeas & Nays being required are as follows:

Yeas:—Messrs. Alderson, Horn, Bryan, Tillman, Eaton, Payne

-------------------- page 953 --------------------
D. Smith, W. Green, J. Williams, Gowdy, Reddick, Henderson, Harget, Whitty, Williams, Wilson, Phifer, Randle, Alexander, Starkey, Campbell, Gorham, Miller, Blount, J. Green, Pope, Spaight, Lenoir, Turner, R. Smith, Balfour, L. Williams, Tullock, Bryan, Arrington, Benton and Armstrong.

Nays:—Messrs. Branch, Boon, Smithwick, Moss, Sikes, Withrow, E. Williams, Lewis, Hinton, Macon, Person, Philipps, McDowall, Hicks, Medlock and Cain.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House propose committing that part of General Greene's letter of the 11th Ulto, which respects Col. Reed to a joint Committee to report on, and have on our part for that purpose appointed Messrs. Person, Williams, Macon & Bryan.

Mr. James Williams, from the Committee to whom was referred the Letter from General Sumner, Reported as follows:

That your Committee are of opinion, that for all arrearages of pay and subsistance due the officers and Soldiers of this State to the first day of August last, on settlement of their Claims with the State Auditors shall be allowed pay and subsistance on the establishment settled by Congress and the Auditors be required to grant them indented Certificates in Specie to carry an Interest of Six per Cent., that the Pay Master General furnish the Auditors with a pay Roll exhibiting each officers and Soldier's Account Current, together with the sums received for the purposes of recruiting, that in all cases where the officers and Soldiers have received their pay in State Continental Currency it shall be accounted for at the time it was received according to the depreciation admitted by Congress.

Also that the Clothier General be directed to settle their accounts of Clothing and deliver them what appears to be their due, and in case there is not Cloathing sufficient on hand he is hereby directed to give each officer a Certificate of what remains unpaid, that they may receive them at a future day, and the delinquents and others turned over into the Continental Service, receive Cloathing from the Continental Stores, and their Families draw provisions from the Specific Tax agreeable to the Law for raising the late Troops to fill up the Continental Battalions.

JAMES WILLIAMS, Chhairman.
-------------------- page 954 --------------------

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

The Bill to enable the Justices of New Hanover County to hold a Court in any part of the County, and other purposes, was read the third time, passed and ordered to be Engrossed.

A Letter from Colo. Phillemon Hawkins, Jun., resigning his appointment as one of the Council of State being read, was sent to the Senate.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

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

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, Phillip Taylor, Thomas Bloodworth, and John Dickenson, Esquires; for first Major, Richard D. Spaight, William Brickell, and Joel Lewis, Esquires; for Second Major, William Eaton, Johnston, Thomas James, John Raiford, and Barnett Pulliam, Esquires; for Major of the Horse, Joseph Hawkins and Baron De Globeck.

We propose that Delegates, Treasurers, one Member of the Council of State instead of Colo. Phil. Hawkins, who declines Acting, and the time and place for holding the next Assembly be ballotted for at the same time, and put in nomination for Delegates, Samuel Johnston, William Sharpe, Ephraim Brevard, Robert Irwin, Philemon Hawkins, Jun., and Charles Johnson, for a Councillor, John Taylor, Thomas Eaton, and Bromfield Ridley; for Treasurers, as nominated by your House; for the next Assembly, the places were New Bern and Salem; the time when, the first Monday in November.

-------------------- page 955 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons have added to the nomination for Second Major Henry Lightfoot, and agree to Ballot for all the officers as by you proposed.

Received a Letter from His Excellency the Governor, with a Letter from the Honbl. the President of Congress, enclosing Sundry Resolutions of Congress. The same were read and ordered to be sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

Mr. Lutrell, from the joint Committee to whom was referred the consideration of the situation of the Counties of Chatham and Randolph, reported as follows:

Your Committee are of opinion that the Commanding Officers of the said Counties be directed each to raise a Company of Light Horse, to consist of Thirty Men, Rank and file, to be officered by one Captain and Lieutenant, and one Cornet, to be employed separately or collectively (as circumstances may require), to keep in subjection and prevent in future the villainous conduct of the disaffected within the said Counties; but obliged (if found necessary) to march to any other part of this State, but on no pretense whatever to be sent out of the same; and that the said Troops be under the immediate command of the officer who enjoys the eldest commission, subject, nevertheless, to the direction of the Commanding officer of the County where the same may be impressed. And your Committee also report that 'tis their opinion that the Commanding officers be directed to discharge all persons who serve three months in said Light Horse 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 to those discharged (if to them it seems requisite),

-------------------- page 956 --------------------
to be employed in the same kind of service, and be entitled to the same pay and rations as those aforementioned.

And your Committee further Report that as Richmond County seems to be in the same disagreeable situation as Chatham and Randolph are at present in, therefore, 'tis their opinion also, that it ought to be entitled to the same indulgence, all which is humbly submitted.

JOHN BUTLER, Chairm.

The House taking the said Report into consideration concurred therewith.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence the Report of the joint Committee to whom was referred the Consideration of the situation of the Counties of Chatham and Randolph concurred with by this House.

Resolved that Mr. Payne & Mr. Branch be appointed a Committee to superintend the Balloting for the several officers in nomination.

The House adjourned till Tomorrow Morning 6 O'clock.


Thursday 12 July, 1781.

The House met according to adjournment.

Resolved, that Joseph Ferebee be appointed Marshall of the Court of Admiralty for the port of Currituck in the room of Taylor Jones, Esquire, Deceased.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for your Concurrence a Resolve appointing a Marshall of the Court of Admiralty for Port Currituck.

Mr. Payne one of the Committee appointed to Superintend the Balloting for the several officers, &c., Reported that by a Majority of the votes of both Houses of the General Assembly, William Sharpe, Samuel Johnston, Charles Johnston and Ephraim Brevard, Esquires, were elected Delegates. Whitmell Hill, Esquire, a member of the Council of State. William Skinner, Green Hill, Richard

-------------------- page 957 --------------------
Cogdell, Robert Lanier, Timothy Bloodworth and Matthew Jones, Esquires, Treasurers for their respective Districts.

Benjamin Williams, Esquire, Colonel Commandant of the Troops to be raised.

Joel Lewis, First Major.

Barron De Globeck, Major of the Horse.

The next Assembly to be held at Salem on the first Monday in November next.

That no person in nomination for a second Major had a majority of votes.

The House taking the said Report into consideration concurred therewith and Resolved that a second Major be appointed by a Resolve.

The Bill to indemnify and absolve from Criminal prosecution all such persons as under the Circumstances therein mentioned, have put to death any such of the Rebellious Subjects of this State as are therein described, and for other purposes, was read the second time, amended, passed & sent to the Senate.

Received from the Senate a Bill to enable the Governor with the advice of the Council, to procure Tobacco for the purpose of obtaining Arms, and for other purposes. Endorsed in Senate 11 July, 1781. Read the second time, amended & passed.

The Bill for the relief of such persons as have taken paroles, & for other purposes, was read the third time, amended, passed & sent to the Senate.

Received from His Excellency the Governor, a Message, which being read was sent to the Senate.

Resolved, That the Members of this present Assembly be allowed Eight hundred Dollars per Day for each Day's travelling to and returning from this Session; and four hundred Dollars per Day for each Day's attendance thereon, and that the Members who attended at New Bern in April last, be allowed Eight hundred Dollars per Day for each Day's travelling to, attending at and returning from thence. And that the Estimate be made out to include Tomorrow.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

-------------------- page 958 --------------------

Mr. Lutrell from the Committee appointed to take under consideration the Letter of Col. William R. Davie, Commissary General of the State of North Carolina, and also the Letter from Joshua Potts, superintendent of the County Commissioners for the District of Halifax, Reported as follows:

That the nature of the business will require mature Consideration and too much time to be taken up at this late Hour of the Session, therefore desire that it may lie over til next Session.

J. LUTRELL, Chairm.

The House taking the said Report into consideration concurred therewith.

Resolved, That John Spicer, Sen., Esqr., be allowed the sum of forty-three Thousand & Eight hundred Dollars for his attendance on, and travelling to the Council of State, while a member thereof. And a further sum of one hundred & twenty two pounds for his Ferriages. That the Treasurer of this State, or either of them, advance him the same, and be allowed in the settlement of their accounts with the public.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Mr. Person from the Committee to whom was referred that part of General Greene's Letter relative to Col. Reed, reported as follows:

Your Committee upon investigating that Matter beg leave to recommend that a Resolve be past allowing Captain Reed two suits of Cloaths including six Shirts and six pairs of Stockings suitable to his Rank in office, and that the Commissioners of Trade be directed to furnish the material for that purpose. The House taking the said Report into Consideration, concurred therewith.

Whereas, Captain James Reed of the North Carolina Continental Troops, has (as appears to this House) sustained a very considerable loss in the Capture of his Baggage by the Enemy thereof.

Resolved, that the Commissioners of Trade be directed to furnish him with two suits of broad or other cloth, one piece of good linen

-------------------- page 959 --------------------
not exceeding twenty-five yards, six pairs of Stockings, and three yards of Cambrick, all suitable to the office he bears in the Army, for which they shall be allowed in the settlement of their public Accounts.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send for your Concurrence a Report of the joint Committee on Gen. Greene's Letter in favor of Col. Reed, also a Resolve of this House in consequence thereof, in his favor.

Resolved, that the Commissioners of Trade deliver Mr. Robert Hightower or order Six hundred and Sixty pounds weight of Merchant's Tobacco at Market for one Rheam of Writing paper furnished for the use of this Session of Assembly, and they shall be allowed in the settlement of their accounts with the public for the same.

Ordered that the following Message be sent to the Senate:

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 from the Senate the Bill for continuing the District Auditors, directing their Duty in office and for other purposes. Endorsed in Senate 11 July, 1781, read the second time, amended, & passed. Ordered that the same be read the third time, the same was read the third time, amended, passed, and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

Mr. Henderson moved for leave and presented a Bill to extend the powers of the Governor and Council on such occasions as are therein mentioned, which was read the first time, passed & sent to the Senate.

Read a Petition from a number of the Field and other officers of the District of Salisbury, respecting the appointment of a Brigadier General for the said District. Ordered that the same be sent to the Senate.

-------------------- page 960 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send for your perusal and consideration a petition of sundry of the officers of the Militia Battalions of Salisbury District.

Resolved, That William Tisdale, Esquire, Judge of the Court of Admiralty for the port of Beaufort, be suspended from the exercise of the said office until the Charges of Bribery and Corruption lately found by the Grand Jury of the Superior Court of the District of New Bern shall be disproved and refuted; and that James Green, Jun., Esquire, be appointed Judge of the said Court of Admiralty pro Tempore, who shall exercise the said office and the powers (and be entitled to the emoluments) thereunto appertaining, until the said William Tisdale, Esquire, shall be duly acquitted of the Charges aforesaid.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Senate have received the Resolve of the Commons ascertaining the pay of the Members of the General Assembly, with which they do not concur, but propose that the Estimate be made out to include Saturday next.

That the allowance to the Members be four hundred Dollars per Day for going to and attending at 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.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

-------------------- page 961 --------------------

The Bill to amend an Act entitled an Act to regulate the Militia of this State, & for other purposes, was read the third time and Rejected.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

We return herewith the Resolves of your House allowing Mr. Hightower a quantity of Tobacco therein mentioned, concurred with.

Mr. Speaker and Gentlemen:

We herewith return the Report of the joint Committee and the Resolve of your House in favor of Colonel James Reed, concurred with.

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.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House have appointed Messrs. Smith, Balfour, Henderson, and Mr. 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, &c.

Read the Petition of Matthew Collins, praying, &c.

Whereas, it is represented to this House that Matthew Collins, after having long served as a North Carolina Continental Soldier, received wounds in the said service which rendered him unable to procure a subsistence for himself and family,

Resolved, therefore, That the Commissary General of this State, or any of the County Collectors of provision supplies for the Army, be directed to supply the said Collins & his Family from time to time with such quantities of Corn and meat as will be sufficient to support & subsist them.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

-------------------- page 962 --------------------

Whereas, the Counties of Washington, Burke, Rutherford, & Sullivan are much exposed to the depredations of the Indians, whereby it becomes necessary that an armed force should be immediately raised in the said Counties & stationed at places where they may the most effectually have it in their power to protect the same.

Resolved, therefore, That two hundred and forty Men be raised by voluntary enlistments or otherwise from the said Counties in the proportion following—that is to say, from Washington, Seventy; from Sullivan, fifty; from Burke, Seventy, and from Rutherford, fifty—to be properly officered.

Resolved, That the said Troops when raised shall be posted at such places as the Governor or Commander in Chief or the Commanding officer of the respective Counties wherein they may be raised shall direct; and shall furthermore at all times during their service be under his Command and directions.

Resolved, That the said Troops shall continue in service, when raised, for the space of three months, and shall be entitled in consideration of the said service and during the time thereof to all the emoluments and privileges that the Militia of this State are entitled to for a Tour of three Months duty and while they are performing the same.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for your Concurrence a Resolve of this House for protecting certain of the Frontier Counties of this State.

The House adjourned til To-morrow Morning 7 O'clock.


Friday 13th July, 1781.

Received from the Senate the following Messages:

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 & remonstrate on the present situation of this State.

Mr. Speaker and Gentlemen:

Your Resolve appointing a judge of the Court of Admiralty pro Tempore for the Port of Beaufort, we return you Concurred with.

Mr. Speaker and Gentlemen:

This House cannot agree that any larger Sum be allowed the

-------------------- page 963 --------------------
Members of Assembly than five hundred Dollars per Day for going to, continuing at, and returning from the Session which was to have been held at New Bern in April last, Five hundred Dollars per Day for coming to & returning from the present Session, and two hundred and Fifty Dollars per Day for attendance thereon.

Ordered that the following Message be sent to the Senate:

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. The Senate proposed on the last Reading of the Bill for continuing the District Auditors, &c., that a clause in the said Bill impowering & directing the several Boards to resettle their Claims heretofore allowed by them and make further allowances equal to what they are to make hereafter be deled, it was moved and Seconded that this House should Concur in the amendment proposed by the Senate, it was objected to. The question was put and carried in the affirmative 30 to 22. The Yeas and Nays being required are as follows:

Yeas.—Messrs. Alderson, W. Bryan, Tillman, Payne, Moon, Cole, D. Smith, W. Greene, Reddick, Boon, Harget, Whitty, S. Williams, Smithwick, Moss, Sikes, Starkey, Gorham, Blount, Pope, Macon, Person, Turner, Phillips, Humphries, Benton, Hicks, H. Bryan, Arrington and Armstrong.

Nays.—Messrs. Horn, Eaton, Gowdy, Henderson, Branch, Wilson, Phifer, Randle, Alexander, Campbell, Withrow, Miller, Lewis, Spaight, Lenoir, Smith, Balfour, McDowall, L. Williams, Tullock, Medlock and Hunter.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

We send for Concurrence a Resolve allowing John Spicer a certain sum therein mentioned which we wish to substitute in stead of the one on that head entered into yesterday by your House.

Mr. Speaker and Gentlemen:

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith return the Resolve allowing John Spicer, Esq., a

-------------------- page 964 --------------------
certain sum therein mentioned, also the Resolve allowing Robert Bignall, Esq., a certain sum therein mentioned. Concurred with.

Resolved unanimously that Bennett Crafton be appointed Second Major of the State Troops to be raised, and that the Governor be directed to Commission him accordingly.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send for your Concurrence a Resolve appointing Bennett Crafton Second Major of the Troops to be raised.

The Bill to enable the Governor with the advice of the Council to procure Tobacco for the purpose of obtaining Arms, and for other purposes, was read the second time, amended, passed, & sent to the Senate.

This House taking into consideration John Hays' claim for certain Lands in Duplin County, late the property of Arthur Dobbs, Esq., Deceased.

Resolved that, convinced of the propriety and justice of this claim, this House as soon as time of greater tranquility will permit them to resume the consideration of private affairs, deem it the duty of the Legislature of this State to vest by a Law in John Hay, &c, Two Thousand and Eighty-three & one third Acres of Land of a Tract of about Six Thousand Acres on the Six runs in Duplin County, known by the name of Governor Dobb's Survey.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

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

Resolved, that the Clerks of the two Houses of the General Assembly, do immediately after the rising thereof, and before they leave Wake Court House, proceed to make out a fair Copy of all the several Acts passed during this Session for His Excellency, the Governor, to the end that he may be able to carry into effect whatever may be required of him therein.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send for your Concurrence a Resolve directing the

-------------------- page 965 --------------------
Clerks of the General Assembly to make out a Copy of the Acts of Assembly for his Excellency, the Governor.

Received from the Senate a Bill to enable the Governor, with the advice of the Council, to procure Tobacco for the purpose of obtaining Arms, and for other purposes. Endorsed in Senate 13 July, 1781. Read the third time, amended & passed.

A Bill to compell the Counties who have not furnished their quota of Continental Troops as required by a late Act of the General Assembly of this State to furnish the same. Endorsed in Senate 13 July, 1781. Read the second time, amended & passed.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

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

Mr. Speaker and Gentlemen:

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

The Bill to compell the Counties who have not furnished their quota of Continental Troops, as required by a late Act of the General Assembly of this State to furnish the same, was read the third time, amended, passed & sent to the Senate.

Resolved, That Joseph Hawkins, Esqr., be appointed Lieutenant Colonel of Warren County until such time as General Jones shall call a Court Martial for the trial of Herbert Haynes, Esqr., who was suspended from the office of Lieutenant Colonel of the said County.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send for your concurrence a Resolve appointing Joseph Hawkins, Esquire, Lieut. Colo. of Warren County, &c.

Received from the Senate a Bill to enable the Governor with the advice of the Council, to procure Tobacco for the purpose of obtaining Arms, and for other purposes. Resolved, that the said Bill be read To-morrow for the third & last time.

Received from the Senate a Bill to indemnify and absolve from Criminal Prosecution all such persons, who under the circumstances

-------------------- page 966 --------------------
there mentioned, have put to Death such of the Rebellious subjects of this State as are therein described.

Resolved, That the said Bill be read To-morrow for the last time in this House.

Resolved, That no word, clause or section in the act passed this present Session of Assembly intitled an Act for drafting the Militia to re-inforce the Southern Army shall be construed to restrain or in any manner affect the Constitutional powers of the Governor and Commander in Chief for the time being as Captain General and Commander in Chief of the Militia.

Ordered that the following Message be sent to the Senate:

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 power of the Governor.

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


Saturday 14 July, 1781.

The House met according to adjournment.

Resolved, That the following persons be appointed officers to Command the Troops to be raised by virtue of an Act passed this present Session. And that they be arranged in the following manner and take rank accordingly, viz:

Nicholas Long, Jun., first Captain of the Horse.
George Thoroughgood, second Captain, and
James Shepperd, third Captain.
Samuel Ferebee, Lieutenant to the first Troop, and
Martin Frank, Lieutenant to the second Troop,
Joseph Hodges, Lieutenant to third Troop.
Frances Jones, Cornet to the first Troop,
Charles Gordon, Cornet to the second Troop and
Jamuel Johnston, Cornet to the third Troop.

1st. John Hodges, Capt. of Foot. James McRory, Lieutenant, & Hugh McRory, Ensign.
2nd. Samuel Jones, Capt; Herndon Henderson, Lieutenant, & William Burnap, Ensign.
3rd. Henry Bond, Captain; Joseph Ballard, Lieutenant, & Joseph Hudson, Ensign.
-------------------- page 967 --------------------
4th. David Bunting, Captain; Swann Froughton, Lieutenant, & Morris Raiford, Ensign.
5th. John Farrar, Captain; Edward Douglass, Lieutenant, & John Ryley, Ensign.
6th. Charles Gordon, Captain; John Walton, Lieutenant, & Moses Bledsoe, Ensign.
7th. John Hunt, Captain; James Blackshore, Lieutenant, & Allen Ramsey, Ensign.
8th. John Cleveland, Captain; Gabriel Loven, Lieutenant, & George Barber, Ensign.

Resolved, That His Excellency the Governor, be requested to Commission the officers herein before nominated and appointed agreeable to their arrangement.

Ordered that the following Message be sent to the Senate.

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 from the Senate a Bill for the more Speedy Tryal of persons charged with Treason or Misprision of Treason against this State or the United States, and other purposes. Endorsed in Senate 13 July, 1781. Read the second time amended & passed.

Resolved, That a Bounty of Twenty pounds Specie, or the value thereof in Currency, be allowed to any able bodied man that shall enlist as a soldier to serve one year in the State Troops to be raised in virtue of an Act of the General Assembly passed this Session.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve in favor of—Aldredge, of Rowan, also, a Resolve in favor of certain persons heretofore Citizens of this State therein described, and likewise a Resolve in favor of John Philip Clapp of Guilford County. At the same time received

-------------------- page 968 --------------------
the Resolve referred to in the above Message, which being read were rejected.

Received from His Excellency the Governor, a Letter inclosing a Letter from Colonel Emmitt of the 11th Inst., which being read were sent to the Senate.

The Bill to enable the Governor, with the advice of the Council, to procure Tobacco for the purpose of obtaining Arms, and for other purposes, was read the third time, passed & ordered to be Engrossed.

The Bill to indemnify and absolve from Criminal prosecution all such persons who under the circumstances therein mentioned, have put to Death such of the rebellious subjects of this State as are therein described, was read the third time and rejected.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Message:

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 herewith, concurred with.

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 a Letter from Charles Johnston, Esquire, resigning his appointment as a Delegate from this State to Congress.

Resolved, That Ephraim Washington, of Granville County, be released by the County Commissioner and District Collector from the payment of the fourfold Tax for the year 1780.

-------------------- page 969 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Message:

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.

Whereas, Major Thomas Harris by receiving a wound while in the service of this State, at the defeat of General Gates, has been rendered incapable of procuring subsistence for himself and family and the allowance made him at the last Session being not adequate to the relief of his distresses,

Resolved, That the Commissioners of the Confiscated property for the County of Mecklenburg be directed to put the said Harris in possession of a Confiscated negro man, and that he be suffered to continue in possession of the said Negro until the General Assembly shall otherwise direct.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

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

The Bill to compel all persons as have received or been entrusted with public Money, &c., and for other purposes, was read the third time, amended, passed & sent to the Senate.

Received from His Excellency the Governor a Letter addressed to the Honbl. the General Assembly, which, being read, Resolved, that the same be referred to a joint Committee, and that Messrs. Person, Henderson, and William Bryan be a Committee on the part of this House for that purpose.

-------------------- page 970 --------------------

Ordered that the following Message be sent to the Senate:

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, & Henderson a Committee.

Resolved, That the Commissioners of Trade be and they are hereby directed to deliver to John Haywood, Jun., Eight hundred pounds of good Merchantable Tobacco for paper furnished the present Assembly, and that the said Commissioners be allowed therefor in the Settlement of their accounts with the public.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Read the Memorial of Vincent Vass, ordered that the same be referred to Mr. Macon, Mr. Starkey and Mr. Greene.

Resolved, that the Colonels or Commanding officers of the respective Counties within this State, be and they are hereby authorized and impowered to erect or cause to be erected made and equipt Three Waggons or Six good and well fixed Carts, one hundred Canteens, and one hundred Cartouch or Cartridge Boxes, and for that purpose are hereby impowered to call a sufficient number of the Militia men from their several Battalions in equal proportions as near as may be from each Captain's Company, Regard being had to men best qualified for the purpose aforesaid, and such men so called out shall serve faithfully for the Space of three months which service shall be considered as a Tour of Militia Duty.

Resolved, further, that the Colonels or Commanding officers as aforesaid, are hereby authorized to call upon the Quarter Master

-------------------- page 971 --------------------
General or any other person or persons, for Iron sufficient for the purpose of carrying the foregoing Resolve into Execution, and they or any of them, who shall furnish as aforesaid, shall be allowed for the same in the settlement of their public accounts.

Resolved, further, that the men so employed shall be allowed the same pay and rations per Day as Militia Soldiers in actual Service.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send for your Concurrence a Resolve impowering the Colonels, &c., to take from the Militia, persons to erect Waggons, &c.

Resolved, that Robert Bignall or Benjamin Hawkins, Esquire, deliver, or cause to be delivered to Thomas Person, Esquire, fiftyfive Bushels of Salt a part of a larger quantity by him lent for the use of this State, for which they shall be allowed in settlement of their accounts with this State.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Mr. Person, from the joint Committee appointed to take under Consideration the Petition of John Wilcox concerning his Claim and William Englands, for Iron, &c. Reported as follows:

That your Committee find a Considerable sum of Money due from the public to the said Wilcox, but how much we cannot well determine at present, as the accounts are not properly stated.

Your Committee further Report as their opinion that for the encouragement of the said England and Wilcox to carry on the said Iron works, which is so essentially necessary towards prosecuting the present war, that twenty men such as they shall chose, who are to be employed by them in carrying on the said business of making Iron, together with all other who shall be by the said Wilcox & England, employed & brought from any of the other States, not exceeding twenty men to assist in the said business of making Iron be exempted from Military Duty of every kind so long as they continue

-------------------- page 972 --------------------
employed in the aforesaid mentioned business, all which is submitted.

THOS. BURKE, Esqr.

The House taking the said Report into Consideration, concurred with.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

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

Mr. Speaker and Gentlemen:

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

Mr. Speaker and Gentlemen:

The Senate agree to Ballot at 8 O'Clock this evening for a delegate, and put in nomination Abner Nash & Benjamin Hawkins, Esquires.

Mr. Speaker and Gentlemen:

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return the Resolve in favor of Matthew Collins. Concurred with.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

Messrs. Coor, Taylor & Macon will act with the Gentlemen by you appointed to consider of His Excelleney, the Governor's Message of this Day.

Mr. Macon, from the Committee appointed to take under consideration the Memorial of Vincent Vass, Reported as follows:

That it is the opinion of the Committee that the said Mr. Vass be allowed for Candles, Fowls, &c., which he purchased for the use

-------------------- page 973 --------------------
of the Assembly One Thousand Eight hundred Dollars. It is further the opinion of the Committee that the said Vass was justifiable in the agreement he made with several persons, for superintending the Cooking, &., and that Nicholas Atkins be exempted from two towers of Militia Duty, for the services rendered the public in that department, and that Joshua Sugg, Kemp Goodloe, Isaac Bracken, Matthew Calours, Richard King, Willis Pope, Solomon Hood, John Rand, Hardy Sanders, Thomas Wooten, Joel Lane, James Alford and Francis Wilkes, be also exempted from a Tour of Militia Dury, and that the said Vass be allowed for his trouble, expences and losses, for things borrowed and hired, the sum of thirty-five thousand pounds, all which is submitted.

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Resolved, That the Treasurers of the different Districts be required to attend every Session of the General Assembly, and be allowed for their expences on those occasions, exclusive of their Salaries.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Read the Memorial of Timothy Bloodworth, Esqr.; whereupon,

Resolved, That Timothy Bloodworth, Esqr., be allowed the sum of Seven Thousand five hundred pounds, for sundry sums advanced to expresses on public services, for his attendance at the place of the rendezvous appointed for the Continental Soldiers lately raised in this State, and for other public services; that the Treasurers pay him the same and be allowed.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

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Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

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

Mr. Speaker and Gentlemen:

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

Mr. Speaker and Gentlemen:

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Resolved, That Thomas Dudley, Jr., be appointed Captain of the fourth Company of Infantry of State Troops, in the room of David Bunting, who declines acting.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send for concurrence a Resolve for appointing Thomas Dudley, Jun., Captain in the room of David Bunting.

Resolved, That Mr. Payne and Mr. Spaight be appointed to superintend the Balloting for a Delegate.

Read an address from Colonel Malmedy respcting allegations against him concerning certain Horses impressed for the use of the public, and also sundry Depositions, which prove to the satisfaction of this House that such allegations are groundless. Ordered that the same be sent to the Senate for their perusal, with the following Message:

Mr. Speaker and Gentlemen:

We herewith send you an address from Colonel Malmedy, for your perusal.

Mr. Spaight from the joint Committee on Ballotting a Delegate in the room of Charles Johnston who has resigned, Reported

-------------------- page 975 --------------------

That Benjamin Hawkins was Elected a Delegate by a large Majority of the votes of both Houses of the General Assembly.

The House taking the said report into consideration concurred therewith.

Read a Letter from General Gregory. Ordered that it be referred to His Excellency for answer.

Ordered that the following Message be sent to His Excellency the Governor:

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

The Letter from General Gregory is herewith sent you and your Excellency is requested to answer.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We send for Concurrence a Resolve appointing Robert Bignall, Esquire, Commissioner for the purpose therein mentioned.

Robert Bignall, Esquire, being appointed Commissioner of Trade for this State until the next Session of Assembly which will require constant attendance at and about home.

Resolved, That he be therefore exempted from Militia Duty during the said appointment.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We return the Resolve of your House appointing Robert Bignall, Esqr., Commissioner, &c.; also, a Resolve of this House in consequence thereof, exempting him from Military Duty.

Resolved, That it be recommended to His Excellency the Governor to issue his proclamation holding out grace and favor to all delinquents under the several Militia Drafts heretofore made in this State releasing them from all the pains and penalties by them incurred for such Delinquency upon such Conditions, with the advice of the Council, assuring the good people of this State no such Act of Benevolence will in the future be extended to any person hereafter who shall omit strictly to conform to the Militia Law of this State.

Resolved further, That His Excellency the Governor be requested to recommend to Major General Greene the Discharge of the Militia

-------------------- page 976 --------------------
who have been turned over to the Continental Service since the battle of Guilford House now at head Quarters whenever the situation of affairs will admit of such act of benevolence.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send for your Concurrence a Resolve recommending to His Excellency the Gov. to issue a proclamation for the purposes therein mentioned.

Received from the Senate the following Messages:

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 presented him exclusively of the amount of 1800 Dollars.

Mr. Speaker and Gentlemen:

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

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

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

Resolved, That Samuel Johnston, William Sharpe, Ephraim Brevard, and Benjamin Hawkins, Esquires, be and they or any two of them are hereby authorized and empowered to represent this State in Congress for the present year, and to sit and vote in the said Congress upon any and all manner of Matters, things & questions concerning the United States that shall be therein agitated and moved, at their discretion, unless where they shall receive particular instructions from the General Assembly of this State.

-------------------- page 977 --------------------

Resolved, That the Delegates of this State in Congress be and they are hereby severally authorized to draw upon the faith and Credit of this State upon the Continental Treasury for such sums of Money as they shall from time to time stand in need of for defraying the expenses incurred by them while attending on the duties of their appointment, for which they are to account with this State.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The resolution for the pay of the Delegates of this State which attend the Congress we send you for concurrence.

Received from the Senate the following Message:

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.

Mr. Speaker and Gentlemen:

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

Mr. Speaker and Gentlemen:

We herewith return the two Resolves of your House respecting the Delegates, concurred with by this House.

Mr. Speaker and Gentlemen:

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

Ordered that the following Messages be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate a Resolve to pay Joel Lane, Esquire, the sum of Fifteen Thousand pounds as a compensation in full for house rent, &c., which, being read, was again passed and returned to the Senate.

The business of the Session being ended, Resolved, that the

-------------------- page 978 --------------------
Speakers sign the several Acts as the Acts of the General Assembly, and the Journal as the Acts of the House, and that the Clerk sign the Journal.

The House adjourned till the first Monday in November next, and then to meet as

By Order,
J. HUNT, C. H. C.