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Minutes of the North Carolina House of Commons
North Carolina. General Assembly
November 18, 1786 - January 06, 1787
Volume 18, Pages 226-483

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THE HOUSE JOURNAL---1786.
JOURNAL OF THE HOUSE OF COMMONS COMMENCING 18 NOV., 1786


State of North Carolina, In the House of Commons, November 18th, 1786.

At a General Assembly begun and held at Fayetteville on the Eighteenth Day of November, in the year of our Lord one Thousand Seven hundred and Eighty-six, and in the Eleventh year of the Independence of the said State, it being the first Session of the Assembly.

The Returning officers of the Several Counties, Certified that the following persons were duly Elected as Members of the General Assembly to represent the same in this House, vizt:

For Anson County—William Wood and William Lanier. Beaufort—John G. Blount and Henry Small.
Bertie—
Brunswick—
Bladen—Peter Roberson and James Richardson,
Burke—
Craven—Richard D. Spaight and Abner Neale.
Cumberland—John Hay and Edward Winslow.
Carteret—Eli West and John Fulford.
Currituck—Joseph Ferebee.
Chowan—Josiah Copeland and Lemuel Creecy.
Camden—Lemuel Sawyer and Peter Dauge.
Caswell—Adams Sanders and Robert Dickens.
Chatham—James Anderson.
Dobbs—Bryan Whitfield and Moses Westbrooks.
Duplin—Joseph T. Rhodes and Joseph Dickson.
Davidson—James Roberson and William Polk.
Edgecombe—Ethelred Philips and Robert Diggs.
Franklin—Durham Hall and Richard Ransom.
Guilford—John Hamilton and Barzilla Gardner.
Gates—
Granville—
Greene—
Halifax—John B. Ashe & Augustine Willis
Hertford—William Hill.
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Hyde—John Eborne and Scathy Rew.
Johnston—William Avera and Needham Bryan.
Jones—William Randal.
Rockingham—
Lincoln—Daniel McKissick.
Moore—John Cox & Charles Crawford.
Martin—Joseph Bryan & William McKenzie.
Mecklenburg—Caleb Phifer & George Alexander.
Montgomery—James McDonald and John Palmer.
Nash—John Bonds and Joseph J. Clinch.
Northampton—James Vaughan and Nehemiah Long.
New Hanover—
Onslow—Daniel Yates.
Orange—
Pasquotank—Thomas Reading & Edward Everagin.
Perquimans—Foster Toms.
Pitt—
Rutherford—James Withrow and James Holland.
Rowan—
Randolph—William Bell and Zebedee Wood.
Richmond—Robert Webb & Benjamin Covington.
Surry—James Martin.
Sullivan—John Scott and Thomas Hutchings.
Sampson—David Dodd & Lewis Holmes.
Tyrrell—Simon Spruill.
Washington—
Wayne—Richard McKinney & William Taylor.
Wake—
Wilkes—
Warren—Wyatt Hawkins & Henry Montfort.
For the Town of Salisbury—
Hillsborough—John Taylor.
Halifax—William R. Davie.
Edenton—Stephen Cabarrus.
New Bern—John Sitgreaves.
Wilmington—

Pursuant to which the following Members appeared, were qualified

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by taking the Oaths by Law appointed for the qualification of Members of the General Assembly and took their Seats vizt:

Richard D. Spaight, John Fulford, Abner Neale, Bryan Whitfield, Peter Roberson, Joseph T. Rhodes, John Hay, William Polk, John G. Blount, Etheldred Philips, William Wood, James Roberson, Joseph Ferebee Robert Dickens, Josiah Copeland, Enock Sawyer, Lemuel Creecy, Durham Hall, Edward Winslow, Peter Dauge, James Richardson, James Anderson, Moses Westbrooks, David Dodd, Joseph Dickson, Thomas Hutchings, Needham Bryan, John Scott, Richard Ransom, Simon Spruill, William Avera, Wm. R. Davie, John Cox, Stephen Cabarrus, Seathy Rew, John Taylor, John B. Ashe, Lewis Holmes, William Randal, Robert Webb, Augustine Willis, Richard McKinney, Daniel McKissick, William Taylor, William Hill, James Martin, William McKenzie, John Sitgreaves, James Vaughan, William Lanier, John Bonds, Daniel Yates, John Hamilton, Benjamin Covington, John Palmer, Caleb Phifer, William Bell, George Alexander, James Withrow, Barzilla Gardener, James McDonald, Adams Sanders, Zebedee Wood, Charles Crawford, James Holland, Edward Everagin, Foster Toms, Henry Montfort.

Mr. Davie proposed for Speaker John B. Ashe, Esquire, who was unanimously chosen and conducted to the Chair accordingly.

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

At the same time Peter Gooding and James Mulloy were appointed Doorkeepers.

On motion of Mr. Spaight, Seconded by Mr. Davie, Resolved, that the Salary of the Clerks be ascertained on Monday next.

The House Adjourned 'til Monday Morning 10 O'clock.


Monday, 20th November, 1786.

The House met according to adjournment.

Mr. Thornton Yancey and Mr. Philemon Hawkins, the members for Granville county, Mr. Thomas Reading, one of the Members for Pasquotank, Mr. Jesse Franklin, one of the Members for Wilkes, Mr. Wyatt Hawkins, one of the Members for Warren county, and Mr. Joseph Stewart, one of the Members for Chatham county, appeared, were qualified, and took their Seats.

Mr. Thomas Frohock, the Member for the Town of Salisbury, Mr. John Isler one of the Members for Jones county, and Mr. Thomas Carson, one of the Members for Rowan county, appeared, were qualified, and took their Seats.

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

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

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

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

4th. That no Member shall come into the House or remove from one place to another with his hat on, except those of the Quaker profession.

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

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

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

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

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

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

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

12. Whoever violates any of the above Rules shall receive such censure as the House shall direct.

13. Whenever the House shall be divided on a question, two tellers shall be appointed to number the members on each side.

Resolved, that Messrs. Blount, Spaight, McKinney, P. Hawkins, Polk, Davie, Winslow, Martin, and Cabarrus, be a Committee of Privileges and Elections.

A Certificate from under the hands of Robert Rogers, Samuel Williams and Anderson Smith as Inspectors of the Poll for an election held for the Court of Washington, purporting that Landon Carter and Thomas Chapman were elected to represent the said county in this House, and one other Certificate under the hand of Joseph Tipton, Robert English and William Hughes, purporting that James White and James Stewart were elected to represent the same county, were presented and read, and, on motion, referred to the Committee of Privileges and Elections.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

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

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The Senate being likewise formed, are ready to proceed on the public business, and propose that a Message herewith sent you be presented to His Excellency, the Governor, should it meet your approbation, Messrs. Macon and Skinner will on the part of this House, attend and present him with the same.

At the same time received the Message above referred to, which,

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being read, was agreed to by this House, and Messrs. Winslow and Cabarrus appointed to wait on His Excellency, the Governor, with the same.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

In pursuance of a Resolve of the last General Assembly, we propose balloting at four O'Clock this Evening for four Engrossing and Committee Clerks, and nominate for the appointment, Messrs. William White, Joshua Winslow, Curtis Ivey, Pleasant Henderson, Montfort Stokes, John Franks and John Simpson, should you approve of this proposition, you will please to signify the same by Message.

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

To the Honorable, the General Assembly of the State of North Carolina:
Gentlemen:

I have the honor to lay before you sundry files of public dispatches and papers which I have arranged under different Heads without having regard to the particular dates or humbers, but so as to have the whole of those on the same subject, in view at the same time, and so as to save you the trouble of looking over a large and confused bundle to select particular papers which others refer to, the files are on the subjects following, viz:

1. Revenue and Taxes.
2. Trade and Commerce.
3. Tobacco.
4. Indian Treaties.
5. Boundaries.
6. Public Accounts, &
7. Representation in Congress.

With each of these files you will find a list of the papers with references to the Council Journal and my Letter Book, by having recourse to these some matters which would otherwise appear ambiguous may be explained and better understood. And altho' those papers will in a great measure point out the proper subjects for Consideration, yet I think it my duty to observe that these several

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matters appear to me to be of the utmost importance to this State and many of them to the Federal Union, and therefore recommend proper attention to be paid them by those whose immediate business it is to consider them.

The Tobacco purchased by our Commissioners is still on hand undisposed of lying at a considerable expence.

The Treaties entered into by Commissioners under the authority of Congress with the Indians of the Cherokee and Chickasaw Nations are so inconsistent with the Legislative Rights of this State, and such an infringement on the Constitution that I flatter myself they will not be passed over unnoticed by you. The accounts between this State and the United States still remain unsettled, you will observe by the papers relative to this business that the fault does not lye with us, as the Commissioner whilst in the State was not provided with Books, and since his going to the Northward on a representation of the case to the Commissioners of the Treasury, that Board thought proper to direct the Commissioner to repair to the place where the Comptroller's office is kept to effect the settlement of the Accounts, but this has not been hitherto attended to. The Regular representation of the States in Congress so often repeated, and the reasons so frequently assigned in the Resolutions of that Honorable Body evince the propriety and necessity of the same, the several Letters from the Gentlemen who have represented this State in the course of the last year show the inadequate provision heretofore made for them, which seems to have been the cause of our being so long unrepresented in that period. I therefore take the Liberty of recommending some mode nearly similar to that I had the Honor of laying before the last Assembly, to wit, the appointment of a person who shall obtain Drafts on the Treasury to the amount of the sum necessary to support the Delegation, and whose business it should be to purchase and remit to the place where Congress shall sit produce sufficient to raise the sum required, this, in my opinion, would be a means of removing the disagreeable idea of Gentlemen appointed to serve their Country at a distance from their Friends and connections being liable to distress & want, as there then would be a moral certainty of their Salaries being duly paid. At this time we are, I presume represented only by Messrs. Nash and Blount, as I have understood Mr. Bloodworth is returned to this State, and Mr. Burton whose Tour, according to

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former usage should have begun the first of the year is not gone forward, and Mr. Charles Johnston who was next in rotation having resigned, it may be necessary in order to keep up a full representation to supply his place by a new choice.

The frequent and repeated observations of individuals and the Clamour of the people at large respecting the Conduct of the Commissioners for liquidating the Army accounts, and their suggestions of many fraudulent accounts being passed, induced me to state the matter to the Council who advised that the Treasurer should be directed to stop the payment of any Certificates Granted on Accounts passed by that Board since the sitting of the last Assembly, and also advised me to direct the Commissioners to transmit to the present Assembly all such accounts and Vouchers as were lodged in their office since that period. This advice I have pursued, and I flatter myself these officers have and will comply therewith tho' report says the Treasurer has not attended to it, and Clamour of the people have since been greater than before, and some illiberal suggestions have been thrown out against several of your principal officers. It is therefore, in my Judgement necessary to satisfy the people, who in a free Government like ours consider themselves as having a right to expect it in such cases by you, Gentlemen, who are the Guardians of their rights, entering into a minute inquiry of the Conduct of their officers as well as the justice of the Claims which have been allowed, and if on an investigation of the Facts any of the officers shall be found to have acted unworthily, or those who have exhibited accounts have obtained Certificates or received money from the Treasury unjustly, you will hold up the first as proper objects of the resentment of the Public, and direct the latter to be prosecuted so as the public may obtain that justice they are entitled to.

I also lay before the Council a Letter from the Treasurer informing me that the Agent of the late Continental line of this State had refused to deliver him the final settlement Certificates signed by Mr. Pierce agreeable to a Resolve of the late Assembly, suggesting that he was not amenable to that Body. The Council advised me to take the most speedy and effectual measures for compelling the Agent to deliver such certificates agreeable to the Resolution of the Assembly, the only measure in my power was pursued, a written order was forwarded to the Agent to lodge the Certificates in the

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Treasury, and this not only under the Authority of the General Assembly, but also in virtue of a Resolution of Congress directing that such Certificates should be deposited as the Supreme executive should direct, but such orders have not produced the effect required for the reasons you will find expressed in Mr. Fenner's address to the Governor and Council, you will therefore be pleased to take such further order thereon as to you shall appear just and right.

I lay before you a Letter from His Excellency Governor Henry, with a Copy of the proceedings of the Assembly of the Commonwealth of Virginia on the subject of opening a Navigable Canal from Elizabeth River in that Commonwealth to Pasquotank River in this State, and notwithstanding the specious manner in which advantages are held out to the Inhabitants of this State by such proceedings, yet I beg leave to recommend due attention to be paid to the subject matter therein contained. It appears to me that if such a plan is adopted, our neighbors will not only be carriers of our produce, but will also have the Credit and advantage of exporting the same which must have a tendency to lessen our Credit abroad and our Interest at home.

I also lay before you a Letter from his Excellency Governor Moultrie, of South Carolina, acquainting me that Mr. Thomas Hooper, whose Estate, in this State, is subject to be sold under the Confiscation Laws, has been received as a Citizen of that State, and entitled to all the privileges thereof, and requesting that I would direct the Commissioner not to proceed on the Sale of his Estate. I think it necessaary upon all occasions to pay the utmost respect to the requisitions of our Sister States where the same may be done with consistency, but in this instance not conceiving myself authorized to grant the request, I take the liberty of referring the same to your consideration.

I have in pursuance of the advice of the Council suspended the Execution of a Sentence of the Superior Court of the District of Wilmington against Doct. Daniel McNiel so far as relates to his Banishment from this State until the meeting of the present General Assembly, if you shall think proper to take the Doctor's case into Consideration the papers relating thereto shall be laid before you.

RD. CASWELL.

Fayetteville, Nov. 20, 1786.
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Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We propose that a Committee of Finance be appointed to examine and report the state and Nett produce of our revenues, and the amount and nature of the Public Debts who shall extend their enquiries into the present state of the Treasury, the application of the Monies levied and collected in and for the years 1784, 1785 and 1786, and the use and application of the last hundred Thousand pounds Emitted by this State. That they be authorized to call on His Excellency, the Governor, the Treasurer, the Comptroller General, the Commissioners of Army Accounts, the Commissioners for purchasing Tobacco to discharge the Interest of the Foreign Debt, Commissioners of Confiscation, the Commissioners for Superentending the press of the two last Emissions and all officers concerned in receiving appropriating and accounting for the Public Monies or other persons and papers they may deem necessary to such investigation. That they Report from time to time and as soon as possible on such Matters concerning the public Monies or revenues as may stand in need of immediate amendment or alteration, and also make up an Estimate of the expences of the foreign and incidental charges of the ensuing year, and that before the end of this Session, or as soon as possible they form a full settlement of the Debts, funds and revenues of the State, which shall be printed and bound up with the Laws Enacted this Session, and that they be authorized to require the assistance of the Comptroller if deemed necessary, in forming such statement.

We have appointed for this purpose on our part, Messrs. Davie, Blount, Polk, Spaight, Winslow, Sitgreaves, and Hay. We also send you herewith a Message received from His Excellency, the Governor, together with the papers therein referred to, which, so far as they relate to Taxes, the Revenue and the Tobacco lately purchased we propose referring to the Committee, the other papers we propose Committing to the consideration of Messrs. Hamilton, Neale, Hawkins, Holland, Cabarrus, Davie, Hay, Sitgreaves, Robertson, Spaight, Polk, and Willis, together with such Gentlemen as you may think proper to appoint for that purpose. We also propose that the Committee on Finance call upon the Entry Taker of the Western Lands for all Monies received by Virtue of his office.

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Received from the Senate the following message:

Mr. Speaker and Gentlemen:

It is the opinion of the Senate that two Clerks only to Transact the business out of Doors should be appointed. We agree to Ballot at the time by you proposed, and add to your nomination Mr. Jos. Dixon. We propose that this ballotting be conducted at the House lately erected by Mr. Hogg, in this Town, should you agree to ballot on these Terms, Messrs. Macon and Skinner, will on the part of this House, superintend the same.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

This House have received and considered the Message of yours proposing that the number of Clerks to be appointed by joint ballot for the purpose of Engrossing, &c, should not exceed two, with which they do not agree, but propose that the number should be four agreeable to our former Message, being convinced that there will be business to employ them. We agree to ballot at the place by you proposed, and add Mr. Joseph Dixon to the nomination for a Clerk.

Received from the Senate sundry petitions from Washington, Sullivan and Greene counties.

Ordered that they lie on the Table until To-morrow.

On motion, Resolved, that Mr. Cox have leave to absent himself from the service of this House until Friday next.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

From a belief that two Clerks are equal to the whole of the Engrossing and Committee business this House cannot agree that a greater number be appointed.

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


Tuesday, November 21, 1786.

The House met according to adjournment.

Mr. James Hinton, one of the members for Wake County, and Mr. Richard Pearson, one of the Members for Rowan County, appeared, were qualified and took their Seats.

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Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We have on our part appointed Messrs. Dodd, Dickson, Dickens, Martin, P. Roberson, Phifer, D. Hall, J. Roberson, Creecy, Neale and Frohock a Committee of Claims who will act jointly with such of your Body as you may appoint for that purpose.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We propose to ballot for three Clerks to do the business of Engrossing, &c., and hope that the Senate will think that fewer cannot do the business without prolonging the Session. Should you agree to this proposition, the Commons will further agree to ballot before an adjournment.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We have appointed Messrs. Richardson, McKissick, Holmes, Taylor, McDaniel, Withrow, Fulford, Wyatt, Hawkins and Gardner to act with such Gentlemen as you may appoint as a Committee of Propositions and Grievances.

Received from the Senate the following messages:

Mr. Speaker and Gentlemen:

We consent that three Clerks to do the business of Engrossing, &c., be appointed and agree that they be balloted for as by you proposed.

Mr. Speaker and Gentlemen:

The Senate appoint Messrs. McCullock, Clinton, Harget, General Rutherford and Mr. Gowdy to act with the Gentlemen by you appointed a Committee of Claims.

Mr. Speaker and Gentlemen:

We agree that a Committee of Finances be appointed for the several purposes and with the like powers as by you expressed, and appoint for that purpose on the part of this House Messrs. Ramsey, Harget, Battle, Brown, Stokes and Gregory. We likewise appoint Messrs. Gillespie, Macon, Clinton, General Rutherford, Messrs. McCawley, Mayo and Simpson, who will act with the Gentlemen by

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you nominated to consider of and report on such part of the Message from His Excellency the Governor, and the papers accompanying it which do not relate to Taxes, and Revenues on the Tobacco lately purchased for the use of the State. It is also agreed by this House that the Committee on Finance call on the Entry Taker of the Western Lands as by you proposed.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We propose balloting for the Engrossing and Committee Clerks immediately. If this proposal meets your approbation you will please to signify the same by Message. Mr. Durham Hall and Mr. Frohock are appointed on the part of this House to superintend the balloting.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We agree that the Engrossing and Committee Clerks be immediately ballotted for, and have on our part appointed Mr. Macon and Mr. McCullock to superintend the balloting.

Mr. Frohock from the joint Balloting for three Engrossing and Committee Clerks Reported, that by a Majority of the votes of the Senate and Commons, Curtis Ivey, Montfort Stokes and Pleasant Henderson were elected.

The House taking the said Report into consideration concurred therewith.

Mr. Joseph Bryan, one of the members for Martin County; Mr. John Humphries, one of the members for Currituck County; Mr. John Sloan, one of the members for Lincoln County; Mr. Francis Pugh, one of the members for Bertie County; Mr. John Humphries, one of the members for Wake County, and Mr. Joseph McDowall and Mr. David Vance, the members for Burke County, appeared, were qualified and took their Seats.

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


Wednesday, 22 November, 1786.

The House met according to adjournment.

Mr. James Martin, from the Committee of Privileges and Elections to whom were referred the returns for Members to represent the County of Washington in this House, delivered in a Report which being read was ordered to lie on the Table until To-morrow.

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Mr. Davie presented a Letter from Nicholas Long, Esquire, Commissioner of Confiscation in the District of Halifax, resigning his appointment as Commissioner aforesaid.

Resolved, That this House do accept of the same.

Mr. Cabarrus presented the Petition of Samuel Johnston, Nathaniel Allen and James Iredell, Esquires, Executors of the last Will & Testament of Joseph Hewes, Esqr., Deceased, which, being read, was referred to a joint Committee. The Members appointed on the part of this House are Messrs. Cabarrus, Phifer, Dauge and Creecy.

Mr. Davie presented the representation of John Macon, Esquire, in behalf of Negro Cæsar, which, being read, was referred to a Special Committee. The Members appointed on the part of this House are Messrs. Polk, Sitgreaves and Davie.

Mr. Cabarrus presented the Record of the Trial and Judgment of a Court of a Negro, the property of James Blount, which, being read, was referred to the Committee of Claims.

Ordered that Mr. Rew have leave to absent himself from the service of this House during the Session.

Mr. Neale, presente the Memorial of Samuel Pitman, which, being read, was referred to the Committee of Propositions and Grievances.

Mr. Dickens moved for leave and presented a Bill for settling the Titles and Bounds of Lands, which was read for the first reading, passed & sent to the Senate.

Mr. Archibald McLaine, the member for the Town of Wilmington, appeared, was qualified & took his Seat.

Received from His Excellency the Governor, the following Message:

To the Honorable the General Assembly:
Gentlemen:

By a letter herewith laid before you from the Honorable William Blount, you will be informed that the Treasury Board had, at the time of writing the same no prospect of disposing of our public Tobacco to greater advantage than those held out in the proposal of Mr. Morris & Mr. Romayne, the letter mentioned by the Commissioners to Mr. Blount is not come to hand.

By other Letters which I have the honor also to lay before you, you will observe that Mr. Edward Dowse is inclined to purchase

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the Tobacco and is recommended by the Treasury Board to the Governor and Council for that purpose. Mr. Dowse is now in this Town and wishes that some person may be appointed to treat with him upon the subject, and in case of an agreement such person may be impowered to enter into a Contract with him for the delivery of the Tobacco.

The other part of Mr. Blount's Letter respecting the Delegation, I presume will be an inducement to the Legislature to proceed early to the choice of a Delegate instead of Mr. Johnston, or to direct one or other of the Gentlemen formerly chosen to proceed immediately to Congress.

R. CASWELL.

Fayetteville, 22nd Nov., 1786.

Ordered that the above Message, together with the papers therein referred to, be referred to the Committee of Finance.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have added Messrs. P. Hawkins, McLaine, Cabarrus and McKenzie to the Committee on Finance. We have also added Mr. Maclaine and Mr. McKenzie to the Grand Committee.

Mr. Cabarrus presented the Petition of Josiah Collins, Nathaniel Allen and Samuel Dickenson, praying, &c., which, being read, Mr. Cabarrus moved for leave and presented a Bill for enabling certain persons to perfect a Canal between Scuppernong River and the Lake near its head, which, being read the first time, passed and was sent to the Senate.

Received from the Senate a Resolve of that House allowing Adlai Osborn the sum of Twenty-five pounds, which, being read, was concurred with.

Mr. Sitgreaves presented the Petition of Winston Caswell and William White, Executors to the last Will and Testament of William Caswell, Deceased, praying, &c., which, being read, was referred to the Committee of Claims.

Mr. Sitgreaves presented the Petition of Mrs. Margaret Gaston, which, being read, was referred to the Committee appointed to consider on the Petition of Mr. John Macon.

Mr. Sitgreaves presented the Petition of Matthew Mosely, which, being read, was referred to the Committee of Claims.

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Mr. McDowall presented a Copy of the Judgment and Sentence of the Superior Court of Morgan District against Thomas Jones and John Lynch, &c., which, being read, was referred to the Committee of Claims.

Received from the Senate the following message:

Mr. Speaker & Gentlemen:

The Senate appoint Messrs. Medlock, Lewis, McCawley, Alexander, Eaton, Moore and John Armstrong to act with the Gentlemen by you chosen a Committee of Propositions and Grievances.

Received from the Senate the Memorial of George McNeil. Endorsed in Senate “read and referred to the Committee of Propositions and Grievances,” which, being read, was referred as by the Senate.

Mr. McDowall presented the presentment of the Grand Jury of Morgan District, which, being read, was referred to the Grand Committee.

Received from the Senate the Memorial of Memucan Hunt, Public Treasurer, Endorsed in Senate “read and referred to the Committee of Finance,” which, being read, was referred as by the Senate.

Received from the Senate the Petition of Sundry People complaining of the abuse committed by large sums of Money being unjustly drawn out of the Public Treasury. Endorsed, “read and referred to the Committee of Propositions and Grievances,” which, being read, was referred by this House to the Committee of Finance, and the following Message ordered to be sent to the Senate.

Mr. Speaker & Gentlemen:

We cannot concur with you that the representation of certain Inhabitants of this State relative to the misapplication of the bills of Credit lately emitted should be referred to the Committee of Propositions and Grievances, but propose that the same be referred to the Committee of Finance, as all matters relative to that business are properly the subjects of their consideration.

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


Thursday, 23rd November, 1786.

The House met according to adjournment.

Mr. Reading Blount and Mr. Robert Williams the Members for Pitt County appeared, were qualified and took their Seats.

Mr. William Wood presented the claim of Morgan Brown, which,

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being read, was referred to the Committee of Propositions and Grievances.

Mr. Wood presented the claim of William Boggin, which, being read, was referred to the Committee of Propositions and Grievances.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We propose that a Committee consisting of Members from both Houses be appointed to take under consideration Petitions, Memorials, &c., and for that purpose we have appointed Messrs. J. Taylor, McDowall, Anderson, Hinton, Reading Blount, Yancey, Copeland, Pearson, Stewart, Bonds and Pugh.

Mr. P. Hawkins presented the Memorial of Pleasant Henderson, which, being read, was referred to the Committee appointed on Petitions and Memorials.

Mr. Davie moved for leave and presented a Bill for the better regulation of the Town of Halifax and extending the liberties thereof, which was read the first time, passed and sent to the Senate.

Mr. Ferebee moved for leave and presented a Bill for cutting a Canal from Currituck sound to the Indian Ridge and from thence to the head of North River, or as far as the Commissioners herein named shall think proper, which was read the first time, passed and sent to the Senate.

Mr. Polk presented the petition of the Inhabitants of Davidson county, which, being read, was referred to the Grand Committee on the State Papers, &c.

Mr. Peter Roberson presented the recommendation of Bladen Court in favor of Sarah Surgener, which being read, was ordered to lie on the Table.

Mr. Holland presented the petition of William Price, which, being read, was referred to Committee on Propositions & Grievances.

Ordered that Mr. Crawford have leave of absence till Monday next.

Received from the Senate the following Bills:

A Bill for enabling certain persons to perfect a Canal between Scuppernong River and the Lake near its head.

A Bill for settling the Titles and bounds of Lands. Endorsed in Senate, “read the first time and passed.”

Received from the Senate the representation of Mr. John Macon

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in behalf of Negro Cæzar. Endorsed in Senate, “read and referred to Mr. Macon and Mr. Alston.”

Received also the petition of the Executors of Joseph Hughes, Esquire, deceased. Endorsed in Senate, “read and referred to Mr. Jordan and Genl. Gregory.”

Received from the Senate the petition of Samuel Pittman and the Record of the Tryal of a Negro, the property of James Blount. Endorsed in Senate, “read and referred as by the Commons.” Received also the resignation of Nicholas Long, Esquire, as Commissioner of Confiscation for the District of Halifax. Endorsed in Senate, “read and accepted.”

Mr. Franklin presented the petition of the officers of Wilkes county, which, being read, was referred to a joint Committee. The Members appointed on the part of this House for that purpose are Messrs. Hamilton, McDowall, Vance, Withrow & Martin.

The House resumed the consideration of the report of the Committee of priviledges and Elections on the Washington Elections, which report is in the words following:

Your Committee to whom were referred the returns from the county of Washington, one of which signed Joseph Tipton, Robert English and William Hughes, certified that Richard White and James Stewart, Esquires, were duly Elected to represent the said county in the House of Commons in the present Session of the General Assembly. It appeared to your Committee that the then acting Sheriff in the county of Washington, had been called upon by Col. John Tipton, to advertise the Election, and hold the poll, and that he had refused so to do, that in consequence thereof, the said Joseph Tipton, Robert English and William Hughes, were appointed Inspectors to take the said Poll, agreeable to an act of Assembly passed at the last Session intitled “an Act to impower the “Freeholders, and Freemen of the counties of Washington, Sullivan “and Greene, to return their representative, otherwise than is heretofore directed,” and that the said Election was held on the eighteenth day of August, 1786, at the House of John Rennos, where Charles Roberson formerly lived, and where the Court of that county had been formerly held under an Act intitled “an Act for erecting the District of Washington into a county by the name of Washington, passed in November, one Thousand Seven hundred and Seventy-Seven, that the Court had for some years past been adjourned

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to another place, and was at present held in a House said to be the property of William Cocke, and it was admitted that there were no public Buildings deemed the Court House of the said county.

It appeared to your Committee that measures were taken by some persons to embarrass the said Election as will appear by an advertisement Signed William Cocke, and marked No. 1, to which your Committee beg leave to refer. It was also in evidence by certain affidavits produced to your Committee that various threats and means were used to prevent any Election taking place contained in the paper marked No. 2, to which your Committee beg leave also to refer this Honorable House, which depositions were corroborated by the relation of Col. John Tipton and Thomas Hutchings, Esquires.

It further appeared to your Committee by a return signed Robt. Rogers, Samuel Williams and Anderson Smith, that the said Robt. Rogers, Samuel Williams and Anderson Smith, were appointed Inspectors to Superintend an Election held for the same county of Washington, at a place called the Court House, in Jonesborough, on the third Friday and Saturday in August last, to choose Members to represent the said county in the General Assembly of the State of North Carolina, and the said Inspectors have therein certified that Landon Carter and Thomas Chapman were unanimously Elected to represent the said county in the House of Commons.

It also further appeared to your Committee from the relation of Col. John Tipton that the Inhabitants were warned to meet at the last mentioned Election by the acting Military officer of said county at a General Muster under certain penalty. It was in evidence to your Committee from a certified return of the Polls that the electors in the first mentioned Election amounted to one hundred and Seventy-nine, that the Electors in the second mentioned Election amounted to two hundred and fifty four. Your Committee had reason to believe that many persons were deterred from attending the said Elections from the above mentioned threats, and the unhappy confusion of that part of the country.

It did not appear to your Committee that any violence or disorder took place at either of the above Elections, or that they were not both conducted in an orderly peaceable manner. And your Committee have thought it most proper in order to save time to

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state the facts to this Honorable House for their determination thereon.

This Report being read, it was moved and Seconded and so Resolved by the House unanimously, that the first persons mentioned in the Report to have been returned were legally Elected, and that they should be admitted to their Seats accordingly.

Whereupon the said Richard White and James Stewart, Esquires, appeared, were qualified, and took their seats.

On motion of Mr. McLaine, on behalf of Thomas Wright, Sheriff of New Hanover county, ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose that the Committee of Finance be directed to consider of and report whether or not it was the intention of the act “directing a Tax of one shilling and Six pence on each Taxable poll, ;&c., to be collected for the current year on the foundation of an Act passed in the year 1784, imposing what is commonly called the Continental Tax,” that the same should be collected wholly in money or partly in money and partly in certificates as allowed of in the case of the General public Tax of this State.

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


Friday, 24th November, 1786.

The House met according to adjournment.

Mr. Seth Eason, one of the Members for Gates county, appeared, was qualified and took his seat.

Received from the Senate the following Messages.

Mr. Speaker and Gentlemen:

General McDowall, Messrs. Lewis, Mayo, Moore, Griffin, Stone, Tipton and Thomas Armstrong, will on the part of this House, act with the Gentlemen by you appointed to consider of and Report on such Petitions, Memorials, &c., as may be laid before this Assembly.

Mr. Speaker & Gentlemen:

We consent that the representation of certain Inhabitants of this State relative to the misapplication of the Bills of credit lately emitted, be referred to the consideration of the Committee of Finance as by you proposed.

Received from the Senate the Representation and Petition of

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James Holland. Endorsed in Senate, “read and referred to the Committee of Propositions & Grievances,” which, being read, was referred as by the Senate.

Mr. Bond presented the Memorial of William Armstrong, which, being read, was referred to the Committee on Petitions and Memorials.

The Bill for enabling certain persons to perfect a Canal between Scuppernong River and the Lake near its head, was read the second time, amended, passed, and sent to the Senate.

Ordered that Mr. Joseph Bryan have leave to absent himself from the service of this House during the Session.

The Bill for settling the Titles and bounds of Lands, was read the Second time and rejected.

Received from the Senate the Bill for cutting a Canal from Currituck Sound to the Indian ridge, and from thence to the head of North River, or as far as the Commissioners herein named shall think proper. Endorsed in Senate, “read the first time and passed.”

Ordered that this Bill be read the second time in this House, the same was accordingly read the second time, amended, passed, and sent to the Senate.

Received from the Senate the petition of the Inhabitants of Davidson county.

The Letter from Mr. Duer to General Howe.

The Memorial of Mrs. Margaret Gaston.

The Presentment of the Grand Jury of Morgan District.

The petition of Matthew Mosely.

The petition of the Executors of William Caswell, deceased.

The Copy of the Judgment & Sentence of the Superior Court of Morgan District against Thomas Jones & John Lynch. Severally endorsed in Senate, “read and referred as by the House of Commons.”

Mr. Bond presented the Memorial of John Allen & Richard Nixon, complaining of an undue Election in the county of Craven for Members to represent the same in this House praying relief, which, being read, was referred to the Committee of Priviledges & Elections.

Mr. McDowall presented the petition of William Moore, late Sheriff of the county of Burke, &c., which, being read, was referred to the Committee on Petitions and Memorials.

Received from the Senate the Bill for the better regulation of the

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town of Halifax & extending the liberties thereof. Endorsed in Senate, “read the first time and passed.”

Ordered that this Bill be read the second time in this House, the same was accordingly read the Second time, amended, passed & sent to the Senate.

Mr. Stewart presented the petition of William Graves and Elijah Hunter, which, being read, on motion of Mr. Hay seconded by Mr. Sitgreaves,

Resolved, that the same be referred to the Grand Committee, who are specially instructed to enquire into the present modes of Administering the Laws of the State and report thereon.

Mr. Vaughan presented the petition of a number of People praying to have a Law passed for establishing a town on the Lands of Matthew Figures, &c., which being read, Mr. Vaughan moved for leave, and presented a Bill agreeable to the prayer of the said petition, which was read the first time, passed & sent to the Senate.

On reading the Memorial of William Aldredge, Resolved that the Comptroller be and he is hereby directed to issue to the said William Aldredge two Specie Certificates, viz: one in the name of Jesse Smith for the sum of Sixty-Eight pounds, and the other in the name of Charles Brittingham for the sum of Fifty-Six pounds nineteen shillings and two pence, it appearing to this House that Certificates in the names of the above mentioned persons, & for the sums above expressed were destroyed by fire.

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

To the Honorable, the General Assembly:
Gentlemen:

In pursuance of a Resolution of Congress calling upon the several States in the Union to furnish thirteen Copies of the Laws passed in the respective States since the year 1772, one Copy of which was directed to be forwarded to each State for the use and information of the States respectively, I have received the several Copies of the Laws now laid before you, that is to say,

Sundry Pamphlets containing Laws of Massachusetts from April 1781 to July 1785.
A Bound Book of the Laws passed in New Jersey.
Four Pamphlets of Ditto.
A Bound Book & 3 Pamphlets of the Laws of Pennsylvania.
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A Bound Book and four Pamphlets containing Laws of Virginia.
Three Pamphlets of the Laws of South Carolina, passed in 1782, 1783 & 1785.

I should have been happy if it had been in my power to have complied with the resolution of Congress in this particular, so far as relates to this State, but it is impossible to procure Copies of the Laws so far back as required, many of the Laws being out of print and others printed on different sizes of Paper make it impracticable to have them bound, I therefore again submit to the General Assembly the propriety of a Revision of the Laws of the State.

R. CASWELL.

Fayetteville, Nov. 24th, 1786.

Ordered that the above Message be referred to the Grand Committee.

Received from the Senate the Memorial of William Armstrong, the Memorial of Pleasant Henderson, the claim of Morgan Brown, the petition of the officers of Wilkes county, the Claim of William Boggin, severally endorsed in Senate, “read and referred as by the Commons.”

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Senate agree that the Committee of Finance report on that which is commonly called the Continental Tax as by you proposed.

Received from the Senate the petition of John Justice. Endorsed in Senate, “read and referred to the Committee on Memorials,” which, being read, was referred as by the Senate.

Mr. P. Hawkins moved for leave and presented a Bill for establishing a town on the Land of Robert Burton, Esquire, in Granville, which was read the first time, passed, and sent to the Senate.

Received from the Senate a Resolve of that House directing Henry Montfort, Esquire, to send for the Books and Papers belonging to the Commissioner's office for settling Army acco'ts, &c., which being read, was concurred with.

Ordered that Mr. Peter Roberson have leave to absent himself from the service of this House until Monday next.

Received from the Senate the petition of William Graves and Elijah Hunter, and the petition of William Moore, Sheriff. Endorsed in Senate, “read and referred as by the House of Commons.”

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Received from the Senate the Bill erecting a town on the Lands of Matthew Figures in Northampton county, on the Southside of Meherrin River. Endorsed in Senate, “read the first time and passed.”

Received also the Bill for the better regulation of the town of Halifax and extending the liberties thereof.

Ordered that this Bill be engrossed and brought into this House for third reading thereof.

Received from the Senate the petition of James Blair and others, praying to be released from a Judgment given on a forfeited recognizance and a Resolve for that purpose, whereupon Resolved, that this House do not concur with the said Resolve, and that the petition be referred to the Grand Committee.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House cannot concur with the Resolve of the Senate on the petition of James Blair and others, but propose that the petition on which that Resolve was founded be referred to the Grand Committee.

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


Saturday 25th November, 1786.

The House met according to adjournment.

Mr. John Eborn, one of the members for Hyde county, and Mr. John Brown one of the members for Wilkes county, appeared, were qualified and took their Seats.

Received from the Senate a Resolve of that House requiring Jno. Craven to attend this present Assembly for the purpose therein expressed, and directing Capt. John White to furnish him with a Copy thereof, which, being read, was concurred with.

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

To His Excellency, Richard Caswell, Esquire, Governor, &c.:
Sir:

The General Assembly have convened in order to receive information touching certain abuses Committed in the Settlement of Army Acco'ts which it is suggested Your Excellency had to lay before them.

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Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

The Message herewith sent you addressed to His Excellency, the Governor, we propose to be presented him if it meets your concurrence, we have appointed Messrs. Winslow and Hawkins to attend and present the same.

On motion of Mr. Hay, seconded by Mr. Sitgreaves, ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose that a conference of both Houses be immediately had in the room where the House of Commons sit on the Subject of the abuses suggested to have been committed on the Treasury.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

With this you will receive a Message addressed to His Excellency the Governor, which by this House is proposed to be presented him instead of that sent us from your Body on the same head and of this Date, should it meet your approbation, Messrs. Lewis and McCawley will on the part of the Senate attend & present him with the same.

At the same time received the address above referred to which being read, the following was proposed in lieu thereof.

To His Excellency, Richard Caswell, Esquire, Governor, Captain General, &c.:
Sir:

The General Assembly are now sitting and request your Excellency to favor them with such further information as you may be possessed of relative to persons who have lodged forged, fraudulent Accounts and Vouchers in the office of the Commissioners of Army Accounts, and the procuring of Certificates and due Bills thereon.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

The Honorable, the Speakers & Members of both Houses, assembled in conference and appointed Richard Dobbs Spaight, Esquire, Chairman. The business of the Conference being opened by Mr. Hay, after some time spent in debate, they determined that the following

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Resolutions should be proposed to both House for their Concurrence, viz:

It having appeared to both Houses by certain depositions and other information, that John Price, William Faircloth, John McNeace, Thomas Butcher, Benjamin Shepperd, Timothy McKarty, Simeon Toatvine, Thomas Price, Reddick Price, William Andrews, of Nawhunty Creek, John Faircloth, Sherrod Barrow, Nathan Lasseter, Jesse Lasseter, John Shepperd, James Holmes, of Dobbs, William Sanders, jun., Thomas Donnaho, Tillman Dixon, Wynne Dixon, and Charles Dixon, of Caswell county, John Marshall formerly of Warren county and Arthur Pearce, jun., of Johnston county, Philip Fishburn, of Salisbury, and sundry other persons, Citizens in this State, have embezzled the public property and been guilty of many fraudulent practices in procuring accounts to be passed by the Commissioners for liquidating Army Accounts, and in passing the same, and thereby obtaining Certificates and drawing Monies from the Public Treasury to the great injury of individuals, and to the manifest fraud of the State, to the end therefore that those persons and estates may be secured to answer and to be liable to public justice;

Resolved, That His Excellency the Governor be and he is hereby authorized and impowered immediately to issue a Warrant or warrants directed to the Sheriffs of the Counties wherein the said persons or any of them reside or may be found, or to such other person or persons as he may deem proper, directing them to take the Bodies of the said persons and every one of them without delay, and bring them before him at Fayetteville; and he is hereby authorized to commit them to close confinement, there to remain until released by due course of Law, unless they enter into recognizance with sufficient Sureties before him, to be and appear at the present General Assembly from Day to Day, and not to depart without leave or to remove, conceal or alien their Estates, real or personal, or any part thereof, and that they also deliver on Oath at the same time an Inventory or Inventories of all their Estates, real and personal, which they had or possessed on the first day of May last, or at any time since; and, whereas, such persons may refuse to enter into such recognizance, and the purposes of this Resolutions be defeated;

Resolved, further, That on such refusal, all their Estates, real and personal, be sequestered as a security for the public, and held

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and deemed liable to such judgment, Sentence or decree as may be had in the premises; and His Excellency the Governor is hereby authorized to give orders to the Sheriffs of the respective Counties or other persons to take possession of the same accordingly.

Resolved, also, That the Governor have power to draw on the Treasury for such Sums as may be necessary to defray the expenses attending the execution of this business, and that he issue citations for the several persons whose names are hereto annexed to attend this General Assembly as Witnesses against the persons accused, and that these resolutions be carried into execution with speed and effect:

John Roe of Nash.
Nathan Cobb, Wayne.
Hardy Robeson, do.
Willis Pipkin, do.
Mann Phillips, Dobbs.
William Phelps, do.
Thomas Jordan, Sampson.
Thomas Gray, Duplin.
Benjamin Exum, Dobbs.
John Brown, do.
Silas Holliman.
Willoboy Williams, Dobbs.
Dixon Marshall, Warren.
William Wrenfrow, Wayne.
Moses Holmes, Dobbs.
John Morgan, Nash.
John Smith, Northampton.
Benjamin McCullock.
Henry Montfort.
John Macon
William Sheppard, Dobbs.
James Glasgow, Esq., do.
Abram Sheppard, Jun.
Abram Sheppard, Sen.
Silas Holloway, Wayne.
William Williams, do.
David Dodd, Sampson.
John Stansil, Sen., Johnston.
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Resolved, also, That the Commissioners of Army accounts furnish His Excellency the Governor with the names of all officers who have signed Army accounts, and that His Excellency issue a Proclamation requiring all such to be and appear before this General Assembly immediately.

Resolved, That this House do concur with the foregoing Resolutions.

Received from the Senate a Bill for establishing a Town on the Land of Robert Burton, Esquire, in the County of Granville; and a Bill erecting a Town on the Lands of Matthew Figures in Northampton County on the South side of Meherrin River. Endorsed in Senate, “read the first time and passed.”

Received from the Senate the Resolutions entered into in conference, &c. Endorsed in Senate, “read and concurred with.”

The House adjourned till Monday morning 9 O'clock.


Monday, 27th November, 1786.

The House met according to adjournment.

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

On motion of Col. Davie, Resolved, That the rules adopted by this House for reading and passing Bills so far it directs that Bills after the second reading shall be Engrossed and then introduced for the third and last reading, and to be passed without any alteration, or rejected, shall be rescinded.

Col. Davie laid before the House the acco't of John Whitaker as Commissioner for purchasing Tobacco in the District of Halifax.

Ordered that the same be referred to the Committee of Finance.

Mr. William Hooper, one of the Members for Orange County, and Mr. Reuben Grant, one of the Members for Onslow County, appeared, were qualified and took their Seats.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We agree that the Petition of James Blair and others now before the Assembly be referred to the Grand Committee, as by you proposed.

Received from the Senate the resignation of Samuel High as a Justice of the Peace for Franklin County.

The resignation of Joseph Williams as a Justice of the Peace for Nash County.

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The resignation of Thomas Ward as a Justice of the Peace for Bertie County.

The resignation of Reuben Norfleet as a Justice of the Peace for Bertie County.

Severally endorsed in Senate, “read and accepted;” which, being read; were accepted by this House.

Received from the Senate the Resolve of this House directing the Comptroller to issue certain Certificates to William Aldredge. Endorsed in Senate, “read and concurred with.”

Received from the Senate the Memorial of George Doherty. Endorsed in Senate, “read and referred to the Committee on Memorials and Petitions;” which, being read, was referred as by the Senate.

Mr. William T. Lewis, one of the Members for Wilkes County, appeared, was qualified and took his seat.

Received from the Senate the Report of the Committee on the Petition of Sundry Inhabitants of Wilkes County. Endorsed in Senate, “read and concurred with;” which being read, was concurred with by this House.

Mr. Frohock moved for leave and presented a Bill to amend an Act entitled “an Act for the regulation of the Town of Salisbury in the County of Rowan,” which was read the first time, passed and sent to the Senate.

Ordered that Mr. Hooper and Mr. Blount be added to the Grand Committee and Mr. Hooper to the Committee of Finance.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We have added Mr. Hooper and Mr. J. G. Blount to the Grand Committee and Mr. Hooper to the Committee of Finance.

Mr. Hall presented the Petition of Thomas Hall and Bromfield Ridley, Administrators on the Estate of Thomas Bell, deceased, which being read, was referred to a joint Committee, and Messrs. Hooper, Hall and Lewis appointed on the part of this House for that purpose.

Received from the Senate a Bill to impower the overseers of the Poor in the County of Granville to sell the Glebe in the said County. Endorsed in Senate, “read the first time and passed.”

Mr. Dickens, from the Committee of Claims, delivered in the following Report, viz:

The Committee of Claims wishes to know of the General Assembly

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whether they would be justifiable in allowing such Claims as ought to have been adjusted by the State Boards of Auditors, as many of that nature have been laid before them, which by the last Act of Assembly they do not conceive themselves at liberty to allow without first having the sanction of the Legislature.

ROBT. DICKENS, Ch.

The House, taking this Report into consideration, Resolved, That the Committee of Claims be directed not to pass any acco'ts that might have been liquidated by the late boards of Auditors.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

This House have Resolved that they will go into a Committee of the whole for the purpose of considering what Bills of a General and public nature are necessary to be prepared and introduced by the Grand Committee, in order to be passed into Laws at the present Session.

Received from His Excellency the Governor the following Message:

To the Honorable the General Assembly:
Gentlemen:

I beg leave to refer to your consideration the Petitions of Donald Shaw and Alexander McIver and others, to take such orders on them as you shall think proper.

R. CASWELL.

Fayetteville, 26 Nov., 1786.

At the same time, received the Petitions above referred to, which being read, were referred to the Grand Committee.

Mr. Stewart presented the Petition of a number of the Inhabitants of Chatham County, praying, &c., which being read,

Mr. Stewart moved for leave and presented a Bill for establishing a Town on the lands late the property of William Petty, adjoining Chatham Court House, as laid off by the Trustees named in the act of the last General Assembly, entitled “an Act for establishing a Town on the Lands of Mail Scurlock, deceased, in Chatham County;” for appointing Commissioners for the regulation of the Town and repealing said Act; which was read the first time, passed and sent to the Senate.

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Mr. McLaine presented the Memorial of Robert Rowan, Commissioner for purchasing Tobacco at Fayetteville, which being read, was referred to the Committee of Finance.

Mr Needham Bryan presented the Petition of James Lockhart, of Johnston County, which being read, was referred to the Committee appointed on Memorials and Petitions.

Mr. Joseph Stewart presented the Petition of John Ramsey, which being read, was referred to the Committee of Propositions and Grievances.

The Bill for the better regulation of the Town of Halifax and extending the liberties thereof, and for altering the mode of levying Taxes in the Town of Edenton was read the third time, amended, passed and sent to the Senate.

The Bill for establishing a Town on the Land of Robert Burton, Esquire, in Granville, was read the second time, amended, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We have received your Message proposing a Committee of the whole of the two Houses immediately. With this proposition we do not concur, but agree that such Committee be formed Tomorrow morning at 9 of the Clock, in the room where the late conference of the General Assembly was held.

Ordered that the following message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree that the two Houses form into a Committee of the whole as by you proposed.

Received from the Senate a Bill to amend an Act entitled “an Act for the regulation of the Town of Salisbury, in the County of Rowan.” Endorsed in Senate, “read the first time and passed.”

Received from the Senate the Petition of Thomas Hall and Bromfield Ridley, Administrators on the Estate of Thomas Bell, deceased. Endorsed in Senate, “read and referred to Messrs Stokes, Tipton and Macon.”

Mr. Yancey presented the affidavit of Reuben Searcy respecting the loss of certain Certificates, which being read, was referred to the Committee of Propositions and Grievances.

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Mr. Neale presented the Petition of Nathaniel Tooley, which being read, was referred to the Committee on Petitions and Memorials.

Mr. Neale presented the Petition of John and Elizabeth Nelson, which being read, was referred to the Grand Committee.

Mr. Davie moved for leave and presented a Bill for establishing a Town on the Lands of Andrew Bass, which was read the first time, passed and sent to the Senate.

Received from the Senate for the concurrence of this House the following resolutions, viz:

Read the Petition and Claim of Mr. George Farragut, late a Captain in the Cavalry of the State Regiment of North Carolina, whereupon,

Resolved, That Mr. George Farragut be allowed the sum of Sixty-Eight pounds Eight shillings & four pence current money, being the one-fourth part of the sum which appears by his account rendered to be due Mr. Farragut for and on acco't of his Military services performed in this State; that the Treasurer pay him the same and be allowed in the settlement of his public accounts.

Resolved also, that the Comptroller issue to Mr. Farragut a Certificate for the other three fourths of the sum due him, and

Resolved likewise, that this General Assembly are lead to adopt this measure from a conviction of the faithful voluntary and public spirited services of the said Mr. Farragut, he being a native and subject of the Kingdom of France.

A motion was made and seconded, that this House concur with the above Resolution which was objected to, the question being put was carried in the affirmative, whereupon the Yeas and Nays were required by Mr. Bonds, which are as follows, viz:

Yeas.—Messrs. Copeland, Creecy, Winslow, Fulford, Whitfield, Rhodes, Philips, Dickens, D. Hall, Anderson, Richardson, Westbrooks, J. Dickson, N. Bryan, Avera, Randal, Willis, McKissick, Bell, Z. Wood, Holland, Everagin, Montford, Spruill, Holmes, Davie, Cabarrus, Martin, Sitgreaves, Lanier, Yates, Isler, Sloan, Pugh, Vance, Maclaine, R. Blount, Easson, Brown, Grant.—40.

Nays:—Messrs. W. Wood, Ferrebee, Polk, Dauge, Ransom, Bond, Hamilton, Withrow, McDonald, Hutchings, Scott, J. Taylor, W. Taylor, Covington, Phifer, Alexander, Yancey, Reading, Jos.

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Stewart, Franklin, Carson, Hinton, Pearson, Gardner, White, Jas. Stewart.—26.

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


Tuesday, 28 November, 1786.

The House met according to adjournment.

Mr. Ferrebee presented the resignation of George Flowers as a Justice of the Peace for Currituck County, which, being read, was accepted by this House.

Mr. Joseph John Clinch, one of the Members for Nash County, and Mr. William Bethell, one of the members for Rockingham County, appeared, were qualified and took their Seats.

Mr. Spruill presented the resignation of Joseph Wyatt as a Justice of the Peace for Tyrrell County, which, being read, was accepted by this House.

Mr. Spruill presented the Petition of Isaac Davenport, Jonathan Phelps & John Davenport, jun., which, being read, was referred to the Committee of Propositions and Grievances.

Mr. Willis presented the Record of the trial of a Negro, the property of John Lindsay, which, being read, was referred to the Committee of Claims.

Mr. Hooper presented the representation of a number of the Inhabitants of Orange County, accompanied with the Memorial of Samuel Strudwick, Esquire, which, being read, were referred to a joint Committee, the Members appointed on the part of this House for that purpose are Messrs. P. Hawkins, Maclaine, Martin, J. Taylor, Phifer, Hay, McDowall, Hamilton.

Mr. James Bloodworth, one of the members for New Hanover County, appeared, was qualified and took his seat.

Mr. Hooper presented the Petition of the people called Quakers, which, being read, was referred to the Grand Committee.

Mr. McDowall presented the Memorial of James Greenlee, which, being read, was referred to the Committee on Petitions and Memorials.

Mr. Hay presented the Petition of the Inhabitants of Fayetteville, which, being read, was referred to the Grand Committee.

Mr. Neale presented the Petition of Walter Allen of Craven County, which, being read, was referred to the Committee on Memorials and Petitions.

Mr. Hamilton presented the Petition of Matthew Russell and

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others, which, being read, was referred to the Committee appointed on the representation of certain Inhabitants of Orange County.

Received from the Senate the following Bills:

A Bill for levying a further tax of ——— on every hundred acres of Land, and on ——— on every Poll in the County of Camden for defraying the expence of compleating the public buildings thereof.

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

A Bill for establishing a Town on the Lands late the property of William Petty, adjoining Chatham Court House as laid off by the Trustees named in the Act of the last General Assembly, entitled “an Act for establishing a Town on the Land of Mial Scurlock, deceased, in Chatham, for appointing Commissioners for the regulation of the Town & repealing said Act.” Endorsed in Senate “read the first time & passed.”

The Bill to amend an Act entitled “an Act for the regulation of the Town of Salisbury in the County of Rowan,” was read the second time, passed & sent to the Senate.

The Bill to impower the overseers of the Poor in the County of Granville to sell the Glebe in said County, was read the first time, passed and sent to the Senate.

Mr. J. G. Blount moved for leave and presented a Bill for establishing an academy at the place now called Martinborough in the County of Pitt, which was read the first time, passed & sent to the Senate.

Received from the Senate the Petition of John Ramsey.

The affidavit of Reuben Searcy.

The Memorial of Robert Rowan.

The Petition of Nathaniel Tooley.

The Petition of James Lockhart.

The Petition of Alexander McIver, severally endorsed in Senate “read and referred as by the Commons.”

The Bill for erecting an Academy at the Town of Warrenton in the District of Halifax, was read the first time, passed & sent to the Senate.

The Bill erecting a Town on the Lands of Matthew Figures in Northampton County on the South side of Meherrin River was read the second time, passed & sent to the Senate.

Mr. Davie moved for leave and presented a Bill for erecting a

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Town on the Land of William Murfree in Hertford County, which was read the first time, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We have added Mr. Galloway to the Committee of Propositions & Grievances.

Received from the Senate the petition of John Augustine Deracan. Endorsed in Senate, “read & referred to the Committee of Propositions & Grievances,” which, being read, was referred as by the Senate.

Received from the Senate the recommendation of Field officers in Wilkes county. Endorsed in Senate “read & agreed to,” which, being read, was agreed to by this House.

The Honorable, the Speakers and Members of both Houses assembled in conference agreeable to the determination of yesterday, and appointed Elisha Battle, Esquire, Chairman. After some time spent in debate, it was Resolved that they would submit to the respective Houses the following Bills as necessary to be passed into Laws this Session, viz:

A Bill to ascertain the Term of time in which all debts due by Bond, note or by any other Contract or agreement, shall be lawfully demanded, and after which time no such Bond note or other demand shall be recoverable either in Law or Equity in this State.

A Bill to amend the Militia Law and make provision for a public Magazine.

A Bill to alter and amend the Court System.

A Bill to carry into effect the Treaty of Peace, and to declare what shall hereafter be deemed Treason and Misprision of Treason.

A Bill to open the Land office in every part of the State.

A Bill for reprinting and publishing the Laws passed since the year 1772.

A Bill for appointing Treasurers in this State.

A Bill for appointing Commissioners to extend the dividing line and establish the Boundary between this State and the State of South Carolina.

A Bill to make effectual provision for discharging our proportion of the Interest of the foreign Debt for a number of years therein mentioned.

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A Bill to prevent the exportation of Indian Corn.

A Bill to compel the proper officers to publish the application of all public Monies.

A Bill for establishing a more equitable mode of Taxing Lands within this State.

A Bill to amend an Act intitled “an Act for Emitting one hundred Thousand pounds for the purposes therein expressed,” for appropriating the Tobacco purchased by the late Commissioners for the sole purpose of discharging the Interest of our quota of the Foreign Debt.

A Bill to impose a Duty on all Slaves imported into this State by Land or Water.

A Bill to enable the Commissioners therein mentioned to sell the Pallace in the town of New Bern with the other Public Lots adjoining the same for Tobacco, for the purpose of assisting the State in payment of their quota of the Continental Debt.

A Bill to establish a Jurisdiction for the trial of all public officers therein named.

A Bill to establish Bar Inlet a Port, and to appoint a Naval officer and Collector for the same.

Resolved, that this House do concur with the foregoing recommendation, and that the Grand Committee be directed to prepare and bring in Bills accordingly.

The House adjourned 'til Thursday Morning 9 O'Clock.


Thursday, 30 November, 1786.

The House met according to adjournment.

Received from the Senate the accounts of John Whitaker as Commissioner, &c.,

The Petition of James Greenlee,

The Petition of the Inhabitants of Fayetteville,

The Petition of Walter Allen of Craven County,

The Record of a trial of a Negro, the property of John Lindsay,

The Petition of Matthew Russel & others,

The Petition of Isaac Davenport, Jonathan Phelps & John Davenport, jun., severally endorsed in Senate, “read and referred as by the House of Commons.

Received also, the resignation of Joseph Wyatt as a Justice of the Peace for Tyrrell County, and the resignation of George Powers as

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a Justice for the County of Currituck. Endorsed in Senate, “read and accepted.”

Received from the Senate the representation of a number of the Inhabitants of Orange County. Endorsed in Senate “read and referred on the part of the Senate to Genl. Rutherford, Messrs. Gowdy, Brown, Galloway & McCawley.”

Mr. Peter Perkins, one of the Members for Rockingham County, appeared, was qualified and took his seat.

Received from the Senate sundry Petitions from the Counties of Washington, Sullivan and Greene. Endorsed in Senate “read and referred to a Special Committee; the Members chosen on the part of this House are General Rutherford, Messrs. Skinner, Macon, Stokes, Battle & Gillispie,” which Petitions being read, were referred on the part of this House to Messrs. Scott, Davie, P. Hawkins, White, Phifer, Polk, Hutchings, Pearson, Lewis.

Mr. Hooper moved for leave to bring in a Bill for altering the mode of punishing Horse stealing. Ordered that he have leave accordingly.

Read the resignation of William McGregory as a Justice of the Peace for Montgomery County, which, being read, was accepted.

Mr. J. G. Blount presented a warrant granted by His late Excellency Alexander Martin, Esqr., in favor of Josiah Collins, for the sum of Eighty one pounds, one shilling & three pence, which, being read, was referred to the Committee of Claims.

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

Received from the Senate the two following Bills, viz.:

A Bill to empower the County Court of Sampson to levy a further Tax on the Inhabitants of said County for defraying the expence of building the Court House, prison and Stocks in the same, and for defraying the contingencies of said County.

A Bill to impower the County Court of Richmond to levy a Tax for building a prison for said County and appointing Commissioners to contract for building the same. Endorsed in Senate, “read the first time & passed.”

Whereas, it is necessary that our quota of the Federal Debt should be known and ascertained,

Resolved, That a joint Committee be appointed to enquire how far an Act entitled “an Act to ascertain the number of white and

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black Inhabitants and the citizens of every age and condition in the State” has been carried into effect, and that they be hereby required to report the same in as short a time as possible.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have appointed Mr. Wyatt Hawkins and Mr. Frohock a Committee on the part of this House to enquire how far the late act, Entitled “an Act to ascertain the number of white and black inhabitants and the Citizens of every age and condition in the State” has been carried into effect, who are to report the same in as short a time as possible.

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

Mr. Phifer moved for leave and presented a Bill to prevent the obtaining of Grants of Land lying in the Western parts of this State to the prejudice of the first enterers, which Lands have been entered in the office lately established for receiving entries of Claims of such Lands by an Act for opening the Land Office, for the redemption of Specie and other Certificates, and for discharging the arrears due to the Army, which was read the first time, passed & sent to the Senate.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have added to the Committee on Finance Messrs. Dickens, Sawyer, Vance, Holland, Heale, Humphries of Currituck and Frohock. We have also added Messrs. McDowall, Philips, Creecy, Phifer, Perkins, Whitfield and Sawyer to the Grand Committee.

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

The Honorable the Speaker laid before the House a Letter from the Reverend Robert Andrews, of Virginia, respecting the claim of the Heirs of William Bird, Esquire, late of Virginia, to certain Lands in this State, which, being read, was referred to a special Committee. The Members appointed on the part of this House for that purpose are Messrs. Polk, Hutchings, Sitgreaves.

Mr. Bloodworth presented a Record of the Trial, &c., of a Negro, the property of Reuben Grant, of Onslow County, which, being read, was referred to the Committee of Claims.

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Mr. J. G. Blount presented a Record of a Trial, &c., of a Negro, the property of Moore Knight, which, being read, was referred to the Committee of Claims.

Ordered that the Petition of John Simpson, Esquire, which was presented to the last Assembly be taken up and referred to the Committee of Claims.

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


Friday, 1 December, 1786.

The House met according to adjournment

The House resumed the consideration of the recommendation of Bladen County Court for allowing Sarah Surgener the sum of fifteen pounds for the year 1786, and Resolved, that they do concur therewith.

Received from the Senate the account of William Williams, late a Captain in the Continental Service. Endorsed in Senate “referred to the Committee of Claims.” Ordered that the same be referred on the part of this House to the said Committee.

Received from the Senate the Resolves entered into by a Committee of Conference, &c. Endorsed in Senate “read and concurred with.”

Received from the Senate the resignation of William McGregory. Endorsed in Senate, “read & accepted.”

Received from the Senate the Memorial of Angelica Wilton. Endorsed in Senate, “read and referred to the Committee of Memorials and Petitions,” which, being read, was referred as by the Senate.

Received also, the Petition of G. J. McRee. Endorsed in Senate, “read and referred to the Committee of Finance,” which, being read, was referred as by the Senate.

Received from the Senate a Resolve directing the Comptroller to issue a certificate to John Vickers, which, being read, was concurred with.

Received from the Senate the following Messages:

Mr. Speaker & Gentlemen:

We have received your Message informing of the addition by you made to the Committee of Finance and the Grand Committee pursuant to which we have likewise added to the Committee of Finance Messrs. Galloway, Mitchell and Eaton; and to the Grand Committee Messrs. Stokes, Lewis, Galloway, McCullock and General McDowall.

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Mr. Speaker & Gentlemen:

Messrs. Moring, John Armstrong and Harris will on the part of this House, act with the Gentlemen by you appointed to enquire and report how far the Act of Assembly entitled “an Act to ascertain the number of white and black Inhabitants & the Citizens of every age and condition in the State” has been carried into execution.

Mr. Davie moved for leave and presented a Bill to repeal an Act entitled “an Act to prevent abuses in taking up stray Horses, Cattle, Sheep & Hogs, and other things therein mentioned,” which was read the first time, passed & sent to the Senate.

Mr. Franklin moved for leave and presented a Bill to amend an Act entitled “an Act for the relief of such persons who have suffered or may suffer by their Grants, Deeds and Mesne Conveyances not being proved and registered within the time heretofore appointed by Law,” which was read the first time, passed and sent to the Senate.

Received from the Senate the Bill for enabling certain persons to perfect a Canal between Scuppernong river and the Lake near its head. Endorsed in Senate, “read the second time & passed.”

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

Mr. Polk moved for leave and presented a Bill for raising Troops for the protection of the Inhabitants of Davidson County, which was read the first time, passed and sent to the Senate.

Mr. W. Wood moved for leave and presented a Bill for the Inspection of Tobacco at Anson Court House, which was read the first time, passed and sent to the Senate.

Mr. Hamilton moved for leave and presented a Bill to release the widows and orphans of John Anderson, deceased, from a forfeiture of Recognizance, entered into for the appearance of a certain John McCroory before the Superior Court of Salisbury District, which was read the first time, passed and sent to the Senate.

Received from the Senate the following Bills, viz:

A Bill for cutting a Canal from Currituck Sound to the Indian Ridge, &c.

A Bill for erecting a Town on the Lands of William Murfree, in Hertford County.

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A Bill to empower the Wardens of the Poor in the County of Granville to sell the Glebe in said County.

A Bill erecting a Town on the Lands of Matthew Figures, in Northampton County, &c.

Severally endorsed in Senate, “read the first time and passed.”

Mr. Frohock moved for leave and presented a Bill to establish a public Inspection of Tobacco in the Town of Salisbury, in Rowan County, which was read the first time, passed and sent to the Senate.

Mr. Davie, from the Grand Committee, delivered in a Bill to compel certain officers therein mentioned to publish the application of the public Monies and allowances for insolvents, which was read the first time, passed and sent to the Senate.

Mr. P. Hawkins presented the representation of the Public Treasurer, which, being read, was referred to a Select Committee. The Members appointed on the part of this House for that purpose are Messrs. Sitgreaves, P. Hawkins, Franklin, Hooper, Bloodworth.

The Bill for cutting a Canal from Currituck Sound to the Indian Ridge, & from thence to the head of North River, or as far as the Commissioners herein named shall think proper, was read the third time, passed and sent to the Senate.

The House Adjourned 'til Monday Morning 10 O'clock.


Monday, 4th December, 1786.

The House met according to adjournment.

The Honorable the Speaker laid before the House a Letter from the Reverend Robert Andrews and John Cowper, inclosing Certificates of their appointments as Commissioners from the Commonwealth of Virginia to treat with this State respecting the opening a Canal from Elizabeth River to Pasquotank River, &c.

Ordered that the same be sent to the Senate.

Mr. Hall presented the representation of Thomas Brickell, Impeaching certain Justices of the Peace for Franklin County, which being read, was referred to the Grand Committee.

Mr. Hooper, according to order, presented a Bill to alter the mode of punishing Horse Stealing; also to repeal an Act entitled “an Act to prevent Horse Stealing,” which was read the first time, passed and sent to the Senate.

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

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Mr. Nehemiah Long, one of the Members for Northampton County, appeared, was qualified & took his seat.

Mr. Hooper moved for leave and presented a Bill to make Securities therein named negotiable, which was read the first time, passed & sent to the Senate.

Resolved, That the Speaker of the Senate and House of Commons, in directing John Ingraham, Esquire, to withdraw from the prisoners brought in yesterday in obedience to the order of Governor Caswell, all monies and Papers of every kind of which, upon search, they might be found to be possessed, have acted in entire consistence with the wishes of this House, and that the said John Ingraham, in obeying the directions of the said Speakers, has acquitted himself to the satisfaction of this House and has met their entire approbation; and that the said John Ingraham be directed to retain in his possession all such papers and Monies until this House make further orders therein.

Mr. Hooper presented the Petition of John Johnston, which being read, was referred to Messrs. Pugh, McKenzie, Dodd, Phillips, Long, Sawyer, Phifer, Brown, Clinch, on the part of this House.

Mr. P. Hawkins presented the Petition of Zephenia Waller, which being read was referred to the Committee appointed on the Petition of John Johnston.

The Bill for levying a further Tax of ———on every hundred acres of Land and ———on every Poll in the County of Camden for defraying the expense of completing the public buildings thereof, was read the first time, passed and sent to the Senate.

The Bill for erecting a Town on the Land of William Murfree, in Hertford County, was read the second time, amended, passed and sent to the Senate.

Resolved that a writ of Election issue to the County of Orange for the Election of one Member to represent the said County in this House in the room and stead of John Butler, Esquire, deceased, and that the said Election be held on the Twentieth & Twenty-first Days of this present month.

Mr. Sitgreaves moved for leave and presented an additional Bill to an Act entitled “an Act to amend an Act passed at New Bern the first day of December, 1766, entitled ‘an Act for establishing a School House in the Town of New Bern;’” which was read the first time, passed and sent to the Senate.

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The Bill for establishing a town on the Lands late the property of William Petty, adjoining Chatham Court House as laid off by the Trustees named in the Act of the last General Assembly, intitled “an Act for establishing a town on the Land of Mial Scurlock, deceased, in Chatham county,” for appointing Commissioners for the regulation of the town and repealing said Act, was read the Second time, amended, passed and sent to the Senate.

Mr. Davie, from the joint Committee, presented a Bill to carry into further effect an Act intitled “an Act for opening the Land office for the redemption of Specie and other Certificates, & discharging the arrears due to the Army,” which was read the first time, passed and sent to the Senate.

The Bill erecting a town on the Land of Matthew Figures, in Northampton county, on the Southside of Meherrin river, was read the third time, amended, passed and sent to the Senate.

The Bill to impower the Wardens of the Poor in the county of Granville to sell the Glebe in said county, was read the second time, passed and sent to the Senate.

Received from the Senate the claim of Mr. Andrews in behalf of Mr. Bird.

The Record of the Tryal of a Negro, the property of Moore Knight.

The recommendation of Bladen Court allowing Sarah Surgener fifteen Pounds.

The petition of John Simpson, Esquire.

The record of the trial of a Negro the property of Reuben Grant.

The warrant granted by his late Excellency, Alexander Martin, Esqr., in favor of Josiah Collins, &c. Severally endorsed in Senate, “read and referred as by the House of Commons.”

Mr. J. G. Blount presented the resignation of Hezekiah Pearce as a Justice of the Peace for Beaufort county, which being read was accepted by this House.

Received from the Senate the Memorial of the Reverend James Tate. Endorsed in Senate, “read and referred to the Committee of Propositions and Grievances,” which, being read, was referred as by the Senate.

Received also the Claim of Wm. Webb & C. White. Endorsed in Senate, “read & referred on the part of this House to Messrs. Lewis, Reddick and Eaton,” which, being read, was referred to Messrs. Martin, W. Hawkins, Franklin, and Holland.

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Received from the Senate the petition of the People called Quakers, &c. Endorsed in Senate, “read & referred as by the House of Commons.”

Received from the Senate a Bill for dividing the county of Bladen. Endorsed in Senate, “read the first time and passed.”

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

Mr. James Martin, from the Committee of Privileges and Elections, delivered in the following Report, viz:

Your Committee of Priviledges and Elections to whom was referred the Memorial of John Allen and Richard Nixon, Reported,

That it appears to your Committee from a Certified Copy of the Poll and the relation of the sitting members, that a number of the Inhabitants of the town of New Bern did vote at the last election held for the county of Craven on the third Friday and Saturday in August last, for county Members in the House of Commons, and it was admitted by Mr. Allen, on behalf of himself and Mr. Nixon, that the following was a true state of the Poll, viz:

Richard Dobbs Spaight
417
Votes.
Abner Neale
409
do
Richard Nixon
265
do
John Allen
214
do

It appears on examing a Copy of the list of Votes and the number of Ticket ballots certified by John Council Bryan, Sheriff, and introduced by the Memorialist. that the residents of the town who voted amounted to one hundred and three, so that on purging the Poll and striking off the town votes, Mr. Spaight had a Majority of forty-nine votes more than Mr. Nixon, and one hundred more than Mr. Allen and Mr. Neale a majority of forty-one votes more than Mr. Nixon, and ninety-two more than Mr. Allen, which votes were unexceptionable.

All persons who are disqualified to vote are also subject to the penalty inflicted by an Act, entitled “an Act directing the method of Electing Members of the General Assembly, and other purposes.”

Your Committee are therefore of opinion that Richard Dobbs Spaight and Abner Neale, Esquires, the sitting Members, had an

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undoubted Majority of legal votes, and are therefore entitled to their Seats.

All which is submitted.

JAMES MARTIN, Ch.

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

Mr. MacLaine presented the Petition of Edward Bridgen, of London, Merchant, which, being read, was referred to the Grand Committee.

Received from the Senate the Resolve of this House directing Mr. John Ingraham to retain the Papers and Money received from the Prisoners, &c., concurred with.

Received also the Petition of John Johnston. Endorsed in Senate, “read and referred to General Gregory, Messrs. Stokes, Reddick, Battle and McCawley;” and

The Petition of Zepheniah Waller. Endorsed in Senate, “referred as by the Commons.”

Received from the Senate the following Bills, viz.:

A Bill empowering Commissioners to dispose of the Land and Glebe, the property of St. John's Parish, formerly in the County of Bute, now in Franklin.

A Bill impowering the Courts of Pleas and Quarter Sessions in this State to exercise special Jurisdiction over the matters therein mentioned.

A Bill to enable the Executors of the last Will and Testament of Jethro Sumner, Esquire, deceased, to collect and receive the arrears of taxes in the Counties of Warren & Franklin, &c.

A Bill for erecting a Prison in the County of Franklin & to prevent the burning County Gaols in this State.

A Bill to amend an Act passed at New Bern in December, 1777, entitled “an Act directing the method of Electing Members of the General Assembly, & other purposes.”

An additional Bill to an Act entitled “an Act to amend an Act passed at New Bern the first Day of December, 1766, entitled ‘an Act for establishing a School House in the Town of New Bern.’”

A Bill to erect and establish an Academy in the County of Franklin.

A Bill to amend an Act entitled “an Act for the relief of such

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Persons who have suffered or may suffer by their Grants, Deeds and Mesne Conveyances not being proved and registered within the time hertofore appointed by Law;” and also to amend an Act entitled “an Act for raising a public revenue for the support of the Government,” and to repeal an Act entitled “an Act to suppress excessive Gaming.”

A Bill directing the Courts of Pleas and Quarter Sessions of Pasquotank County to be held at Winfield, in Pasquotank, &c.

A Bill to make the Securities therein named negotiable.

A Bill to amend an Act entitled “an Act for the regulation of the Town of Salisbury,” &c.

Severally endorsed in Senate, “read the first time & passed.”

Mr. Davie presented the Petition of William Murfree, praying, &c., which, being read, Mr. Davie moved for leave and presented a Bill to authorize & impower William Murfree, formerly Sheriff of Hertford, now Hertford and Gates Counties, to collect the arrears of taxes due him from the Inhabitants of said Counties for the years 1768, 1769 & 1770, which was read the first time, passed and sent to the Senate.

Received from the Senate the report of the Committee on the Memorial of Alexander McIver. Endorsed in Senate, “read & concurred with.” Which, being read, was concurred with by this House.

On motion of Mr. Spaight, seconded by Mr. J. G. Blount—

Resolved, That the Treasurer be directed to pay two certificates of the General Assembly granted to Benjamin Fordham, one dated the 25th of January, in the year 1773, for thirteen pounds six shillings & eight pence; the other dated December, 1773, for seven pounds eight shillings and six pence, and that he be allowed for them in the settlement of his accounts.

Received from the Senate the following message:

Mr. Speaker & Gentlemen:

We have received and read the Letter and enclosures from the Rev'd Robert Andrews and John Cowper, Esquires, of the State of Virginia, addressed to the Honorable the Speaker of the House of Commons, which we propose referring to a Select Committee, and have for that purpose on our part appointed General Rutherford, General Gregory, Mr. Relfe and Mr. Lewis a Committee who will

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act jointly with such of your Body as may be appointed for that purpose.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have on our part appointed Messrs. Maclaine, J. G. Blount, Davie, Brown, Alexander, Cabarrus, John Taylor, to consider of the Letter and enclosures from the Rev'd Robert Andrews and John Cowper, Esquires, from the State of Virginia.

Received from the Senate a Resolve of that House directing the Committee of Claims to allow all Claims presented them, either for Militia service or supplies furnished, which are properly Authenticated, &c.; which, being read, was rejected.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We do not agree with you in referring the Impeachment made by Thomas Brickell, Esquire, of Franklin County, to the Grand Committee, but propose that it be referred to a select Committee, and have for that purpose on our part appointed Messrs. Galloway, Macon, Lewis, Hines, Genl. Gregory & Mr. Stokes a Committee who will act jointly with such Gentlemen of your Body as may be appointed in this behalf.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We consent that the Impeachment of Mr. Brickell of certain Justices in the County of Franklin be referred to a select Committee, and have on our part appointed Messrs. Neale, Long, W. Hawkins, Perkins, Yancey & Clinch for that purpose.

Mr. Speaker & Gentlemen:

Ordered that Mr. Long be added to the Committee of Finance.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We have added Mr. Nehemiah Long to the Committee of Finance.

Whereas, in obedience to the orders of the General Assembly in their present Session committed to the execution of his Excellency the Governor, Major Richard McKinney and Captain Dodd have seized and taken into custody and have delivered into this Town to abide the further orders of the Legislature divers persons charged with high Crimes and misdemeanors against the public credit of

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this State; and, whereas, it is necessary that measures should be forthwith taken, as well to hold the said prisoners in safe custody, as to obtain all information which they may be willing to communicate, both with respect to themselves and others, relative to the offenses imputed to the said persons and their Confederates;

Resolved, therefore, That this House do appoint Messrs. Polk and Neale, and that the Senate be requested to appoint 2 members of their House, who, together with Robert Rowan and John Ingraham, Esquires, may take the examination of the said prisoners, and of such others as may hereafter be brought to this Town in obedience to the said order. That the persons so appointed shall have full power and authority to send for and command the personal attendance of such persons and papers as may be necessary to carry the purposes of this appointment into the most effectual execution; and that such persons so appointed shall be under an Injunction to keep secret all matters and things which shall be disclosed in the course of such examination until they shall be discharged therefrom by order of the Legislature.

Resolved further, That the persons so appointed shall have full power and authority to search and examine all other persons, who may be brought to this Town in obedience to the said order of the General Assembly, and to seize all Monies and Papers that the said Prisoners may be possessed of, they giving the said Prisoners receipts for the same.

Resolved, That the Sheriff of this County take into his Custody all such prisoners, and all others who may be brought to this Town, and that the Colonel or Commanding Officer of this County be directed to furnish him with a sufficient number of Militia not exceeding fifty in number as a posse for the safe holding of such prisoners, who shall be allowed the same pay and rations as Militia are entitled to when in service, and shall also be subject to the same rules and regulations and paid by the order of the present General Assembly.

Resolved, That his Excellency the Governor, be requested to issue a Proclamation signifying to all public officers that it is the sense of the General Assembly, that no due Bills or Certificates issued since the first day of January, 1786, by the Commissioners of Army accounts, shall be received in payment of any arrears due to the public by any Citizen or Citizens of this State, until the Legislature

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make further order therein; and that the Governor specially set forth in the said proclamation that the late multiplied frauds against the public faith have induced this resolution, and that the Governor make such proclamation as General and diffusive as possible, and that His Excellency in the same manner be directed to have the issues of Grants suspended for all real property purchased and paid for at the sales of Commissioners of Certificates since the first day of January, 1786.

Resolved, That the Attorney General be requested to attend in this Town as soon as the business of Wilmington Superior Court will permit, and that an Express go to Wilmington for this purpose.

Resolved, That the thanks of this House be tendered to Major Richard McKinnie and Captain David Dodd for their upright, spirited and expeditious exertions in seizing and bringing to this Town in obedience to the said orders of the General Assembly divers persons charged with high crimes and misdemeanors against the credit of this State.

Resolved, That the persons appointed to take the examination of the prisoners aforementioned be authorized to direct to be made out of the sums of Money withdrawn from them respectively, such advances for their comfortable subsistence and Support as to the said persons so appointed shall seem meet.

Received from the Senate the following message:

Mr. Speaker & Gentlemen:

Pursuant to the Resolutions of your body of this date relative to certain prisoners now in the Town of Fayetteville and others, the Senate have appointed General Rutherford and General Gregory, who will with the Gentlemen by you named assist in their examination, &c. At the same time received the Resolutions above referred to. Endorsed, “In Senate read & concurred with.”

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


Tuesday, 5 December, 1786.

The House met according to adjournment.

Received from the Senate the Petition of William Murfree. Endorsed in Senate, “read and referred to Messrs. Macon, McCawley and Battle,” which, being read, was referred on the part of this House to Messrs. Bloodworth, Willis, Frohock and Whitfield.

Received from the Senate the Report of the Committee on the

-------------------- page 275 --------------------
Petition of the Administrators of Thomas Bell, deceased. Endorsed in Senate, “read & concurred with,” which, being read, was concurred with by this House.

Mr. Phifer presented the Petition of the Sheriffs of the District of Salisbury, which, being read, was referred to the Committee of Propositions and Grievances.

Mr. Perkins presented a Petition from a number of the Inhabitants of Rockingham County, praying, &c., which, being read, Mr. Perkins moved for leave and presented a Bill to amend an Act for dividing Guilford County, which was read the first time, passed and sent to the Senate.

Mr. Polk moved for leave and presented a Bill to vest certain Salt Springs and Licks in the Trustees of Davidson Academy and their Successors for the use of the said Academy.

Mr. Everagin presented the Petition of William Hollowell, praying, &c., which, being read, was referred to the Committee on Petitions and Memorials.

Mr. Eli West, one of the members for Cartaret County, appeared, was qualified and took his seat.

The Bill impowering the Courts of Pleas and Quarter Sessions in this State to exercise special Jurisdiction over the matters therein mentioned, was read the first time, passed & sent to the Senate.

The Bill to amend an Act entitled “an Act for the regulation of the Town of Salisbury, in the County of Rowan; for regulating the Town of Windsor, in Bertie County,” was read the third time, amended, passed & sent to the Senate.

Received from the Senate the Petition of the Sheriffs of Salisbury District.

The Petition of William Hollowell, and

The Petition of Edward Bridgen, severally endorsed in Senate, “read & referred as by the House of Commons.”

Received from the Senate the following Bills, viz.:

A Bill to amend an Act for dividing Guilford County.

A Bill for establishing an Academy at the place now called Martinborough, &c.

A bill to establish a public Inspection of Tobacco in the Town of Salisbury, &c.

A Bill to repeal an Act to prevent abuses in taking up stray Horses, Cattle, Hogs & Sheep, and other things therein mentioned.

-------------------- page 276 --------------------

A Bill to authorize and impower William Murfree, formerly Sheriff of Hertford, now Hertford & Gates Counties, to collect the arrears of Taxes due him, &c.

A Bill for annexing part of the County of Craven to Pitt County.

A Bill to prevent the obtaining of Grants of Land lying in the western parts of this State to the prejudice of the first enterers, &c.

A Bill to compel certain officers therein mentioned to publish the application of the Public Monies & allowances for Insolvents.

An additional Bill to an act to prevent the several Species of Hunting therein mentioned.

A Bill to carry into further effect an Act entitled “an Act for opening the Land Office for the redemption of Specie & other certificates & discharging the arrears due to the Army.”

A Bill to vest certain Salt Springs and Licks in the Trustees of Davidson Academy & severally endorsed in Senate, “read the first time and passed.”

Mr. Maclaine presented the Petition of John Bradley, which, being read, was referred to a Joint Committee. The members appointed on the part of this House are Messrs. Rhodes, Roberson and Grant.

Mr. Spaight moved for leave and presented a Bill for altering the time of holding the annual Elections and annual Assemblies, which was read the first time, passed and sent to the Senate.

Received from the Senate the Resolve of this House directing the Treasurer to pay two Certificates granted Benjamin Fordham, &c. Endorsed in Senate, “read and concurred with.”

The Bill to enable the Executors of the last will and Testament of Jethro Sumner, Esquire, deceased, to collect and receive the arrears of Taxes in the Counties of Warren and Franklin for certain years therein mentioned, was read the first time, passed and sent to the Senate.

A Bill for erecting a Town on the Lands of William Murfree, in Hertford County, was read the third time, passed and sent to the Senate.

Received from the Senate the following Bills, viz.:

A Bill for erecting an Academy at the Town of Warrenton, in the District of Halifax.

A Bill for establishing a Town on the lands late the property of William Petty, adjoining Chatham Court House, as laid off by the

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Trustees named in the act of the last General Assembly entitled “an Act for establishing a Town on the Land of Mial Scurlock, deceased, in Chatham County; for appointing Commissioners for the regulation of the Town, and repealing said Act.” Endorsed in Senate, “read the second time and passed.”

Received also a Bill to impower the Wardens of the Poor in the County of Granville to sell the Glebe in said County. Endorsed in Senate, “read the third time & passed.”

The Bill for establishing a Town on the Lands of Andrew Bass, was read the second time, amended, passed and sent to the Senate.

Received from the Senate the resignation of Hezekiah Pearce as Justice of the Peace, &c. Endorsed in Senate, “read and accepted.”

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


Wednesday, 6th December, 1786.

The House met according to adjournment.

Received from the Senate the Petition of the Inhabitants of Chatham County, &c. Endorsed in Senate, “read and referred to the Grand Committee.” Which, being read, was referred as by the Senate.

Received from the Senate the resignation of Andrew Hunt as a Justice of the Peace, &c. Endorsed in Senate, “read & accepted.” Which, being read, was accepted by this House.

Mr. Dickens presented the Claim of the Clerk of Halifax Superior Court, which, being read, was referred to the Committee of Claims.

Mr. Hooper presented the Petition of a number of the Inhabitants of Orange County, which, being read, was referred to a joint Committee. The Members appointed on the part of this House are Messrs. Willis, J. Taylor, Hall, Jos. Stewart, Hamilton.

Mr. Holland presented the Petition of George Lewis and William Price, which, being read, was referred to the Committee of Propositions and Grievances.

Mr. Joseph Stewart presented a Petition of sundry Inhabitants of Chatham County, praying, &c., which, being read,

Mr. Stewart presented a Bill to repeal the thirteenth Section of an Act passed at New Bern in October, in the year 1784, entitled “an Act for raising a Public revenue for the support of Government,” and to repeal an Act entitled “an Act to suppress excessive Gaming;” which was read the first time, passed & sent to the Senate.

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Mr. Cabarrus, from the joint Committee appointed to prepare and bring in Bills, &c., presented a Bill to prohibit the exportation of Indian Corn, which was read the first time, passed & sent to the Senate.

The Bill to repeal an Act entitled “an Act to prevent abuses in taking up stray Hogs, Horses, Cattle and Sheep, and other things therein mentioned,” was read the second time, passed & sent to the Senate.

Resolved, That the Commissioners appointed to take the examination of the prisoners now in Custody by order of the Assemby be authorized to make such provision for their subsistence and comfort as to them shall seem meet.

The Bill to amend an Act entitled “an Act for the relief of such persons who have suffered or may suffer by their Grants, Deeds and Mesne Conveyances not being proved and registered within the time heretofore appointed by Law;” and also to amend an Act entitled “an Act for raising a Public Revenue for the support of Government,” and to repeal an Act entitled “an Act to suppress excessive Gaming,” was read the second time, amended, passed and sent to the Senate.

Mr. Hooper presented the Petition of the Trustees of the Academy at Hillsborough, which, being read,

Mr. Hooper moved for leave and presented a Bill to establish a fund for the support of the Academy at Hillsborough, which was read the first time, passed and sent to the Senate.

Mr. Spaight presented the claim of the Executors of James Davis, Esquire, late public printer in this State, which, being read, was referred to a joint Committee. The Members appointed on the part of this House for that purpose are Messrs. Martin, Spaight and Lewis.

Mr. Frohock presented the Petition of William Ledford, which, being read, was referred to the Committee on Petitions and Memorials.

Mr. Dickens, from the Committee of Claims to whom was referred the Petition of John Simpson, Esquire, reported as follows, viz:

That after duly examining the premises and strictly inquiring into the several circumstances relative thereto, are of opinion that

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the allegations set forth in the said Petition are not properly supported, therefore rejected it.

All which is submitted.

R. DICKENS, Ch.

The House taking this Report into consideration concurred therewith.

Mr. Dickens from the Committee of Claims to whom was referred the Petition of Winston Caswell and William White, Executors of the last will and Testament of William Caswell, Esqr., Reported as follows, viz.:

That on examining the premises Mr. William White, one of the said Executors signified his desire of withdrawing the said Petition and gave for his reason a clause in an Act of Assembly passed in the year 1782, directing a Petition to be preferred to Court by the Creditors for all Debts against any person whose estate has been confiscated and sold for the use of the State, and on recovering Judgment against such person, may lay a State of the case before the General Assembly and receive payment therefor. As it appears to your Committee that the said Executors have not proceeded in this manner, they recommend that the said Executors have leave to withdraw their Petition agreeable to their request.

R. DICKENS, Ch'n.

The House taking this Report into consideration concurred therewith.

Mr. Dickens from the Committee of Claims, delivered in a Report on the Claim of Reuben Grant, and on the Petition of Matthew Mosely, which, being read, was ordered to lie on the table.

Mr. Dickens from the Committee of Claims delivered in a Report on the Claim of James Blount, which, being read, was recommitted.

Received from the Senate the Report of the Committee appointed to report on the Message of His Excellency the Governor, &c. Endorsed in Senate, “read & concurred with,” which, being read, was concurred with by this House.

Mr. Davie from the Committee of Finance presented a Bill for levying a Tax for the support of Government, and for the redemption of the old paper Currency, Continental Money and Specie and other Certificates, which was read the first time, passed and sent to the Senate.

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Mr. Spaight from the Committee of Finance, delivered in the following Report, viz.:

The Committee for ascertaining the produce of the Revenues and Taxes, and the nature and State of the Debts and estimates for the year Seventeen hundred and Eighty-Seven on examining the Reports from the Treasury and Comptroller's office with the Continental requisitions,

Report, That the net produce of our Taxes and revenues as established for the present year appear to amount on the

Land Tax
£14,749
/
7
Poll Tax
£27,650
/
17
6
Town Property
£728
/
16
Taxes in aid of the public revenue estimated at
£3,800
/
15
9
The impost by water estimated at
£10,000
/
10
9
The Continental Tax of ⅙, &c., laid for this year only, estimated at
£7,905
/
00
00
Total amount of net revenue for 1786
£64,835
/
7
10

Your Committee are of opinion that for the services of the year 1787, to be provided for by the present General Assembly for the payment of the Civil List, the requisitions by Congress and incidental charges it will be necessary that £81,080 /18 11½d be raised and appropriated to the following purposes:

For the Civil List department
£16,000
/
00
00
This State's quota of the principal & Interest on the French and Dutch loans to be paid in the year 1787
£46,401
/
12
00
Contingencies including warrants & drafts unpaid exclusive of 1786
£11,689
/
3
9
Commissions & Insolvencies
£6,990
/
3

The Committee have taken the civil list charge from that of the present year, presuming that although alteration may take place during the present Session, the aggregate sum would not exceed the present establishment.

The Tobacco on hand being deemed adequate to the discharge of the Specie requisition of Congress from this State payable in 1786, Your Committee recommend that a sufficient sum from the best

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established revenues be appropriated to the payment of this State's estimated Quota of the principal and Interest due on the French and Dutch Loans and payable in 1786 as before stated.

The Interest of the Domestic Federal Debt as stated in the resolution of Congress of the 2nd of August, 1786, appears to be 1,606,560 Dollars, and the requisition from this State for the present year 116,749 Dollars, payable in Indents for Interest or Loan Office Certificates, and upon other certificates of the Liquidated debts of the United States, and if not so paid, to be discharged by Specie only paid into the Continental Treasury; no provision appears to have been made in the Taxes and revenues of the present year for the above purposes.

Your Committee considering the amount of the requisition which must necessarily be paid in Specie, the internal exigencies of Government and the state of our accounts with the United States beg leave to suggest the necessity of a resolution setting forth the unsettled State of the Accounts of this State with the United States, the large Credits to which we are undoubtedly entitled and our readiness to make effectual provision for our proportion of that Interest as soon as the domestic debt can be ascertained and justly apportioned.

The Contingencies are estimated from the Warrants and Drafts issued on the Treasury and now unpaid, amounting to £4,189/3 9d, with the sum of £7,500/0 0d, estimated on the Contingencies of the year 1786, tho' considerably lower on the presumption that the allowances usually made by the Assembly would be much less than in former years.

Your Committee find that the certificates issued by the different Boards of Auditors which remain in the hands of Individuals, including the Currency Certificates reduced into Specie, and the Certificates issued by the Commissioners of Army Accounts in 1784 and 1785, exclusive of the Interest accrued thereon, amount to the Sum of £786,264/6 1d, one year's Interest of which will make the sum of £47,175/17 1¾d; and therefore recommend that the Tax laid in certificates should produce a sum at least equal to the said sum of £47,175/17 1¾d, the necessity and policy of which are evident; such tax to be payable in any of the above mentioned certificates, Loan office Certificates, rated agreeable to the Resolve of Congress of the 28th June, 1780, and the final settlement certificates issued by John Pierce to the Continental line of this State.

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The Committee, taking into consideration the Resolve passed at New Bern December, 1784, for paying one year's Interest annually after the present year, inclusive, on the certificates granted by the Commissioners of Army Accounts, and the present state of our revenues, recommended that the said Resolution be rescinded until the just amount of that debt is ascertained, and the State shall be in a condition to discharge the same with punctuality.

Your Committee beg leave to recommend it as a measure highly necessary and expedient to appropriate the several branches of revenues to the services of the next year, or succeeding years, which they may appear best calculated to discharge—a policy dictated by the example of the wisest nations, and which would certainly prevent the distress to which we have been annually reduced by the deficiencies of the Treasury.

WILLIAM R. DAVIE, Chmn.

The Sub-Committee No. 1 having made the foregoing Report to the Committee of Finances, the same being concurred with, ordered to be reported to the House.

RICHARD DOBBS SPAIGHT, Chairman.

The foregoing Report being read, was concurred with.

The Committee on Finance, on examining the papers which have been referred to them, and observed the great length of time which a minute and effectual investigation will necessarily employ, together with the difficulty of convening and proceeding with dispatch collectively thereon, report—

That for the more equal and expeditious method of transacting the business, they have been induced to form themselves into Six Sub-Committees, and apportion the business accordingly, in the manner following:

No. 1.—To take under consideration the state and produce of Revenues, Taxes, nature and amount of Debts, the Estimate for the year 1787, and Taxes: Messrs. Spaight, Polk, Battle, Davie, Hawkins, Hay, Brown, Stokes, Blount, Sitgreaves, Dickens, Vance, Phillips and Gallaway.

No. 2.—The Treasury and Monies collected in the years 1784, 1785 and 1786, and the application: Messrs. Spaight, Hawkins, Cabarrus, Davie, Sitgreaves, Gallaway and Long.

-------------------- page 283 --------------------

No. 3.—The Tobacco, foreign Debt and Interest, &c., and further Contracts: Messrs. Blount, Winslow, McKenzie, Maclaine, Cabarrus, Stokes, Gallaway, Humphries, Sawyer and Neale.

No. 4.—The application of the last £1,000,000, including the due Bill business and Army Accounts: Messrs. Gregory, Polk, Hay, McKenzie, Blount, Stokes, Sitgreaves, Hawkins, Maclaine, Gallaway, Hooper, Neale and Vance.

No. 5.—The Commissioners of Confiscation sales and Superintendents of the press: Messrs. Battle, Ramsey, Stokes, Winslow, Hargett, Holland, Eaton, Long and Dickens.

No. 6.—The Entry taker of Western Lands, the Comptroller, his progress, settlements, &c.: Messrs. Hargett, Brown, Gregory, Davie, Cabarrus, Mitchell, Ramsey, Humphries and Frohock.

Your Committee therefore beg leave to recommend that the several branches or subdivisions may be considered as Committees of this House, and permitted to report accordingly.

RICHARD DOBBS SPAIGHT, Chairman.

The foregoing Report being read, was concurred with.

An additional Bill to an act to prevent the several Species of hunting therein mentioned, was read the first time, passed and sent to the Senate.

The Bill to annex part of the County of Burke to Rutherford County, was read the first time, passed and sent to the Senate.

The Bill vesting certain Lands therein mentioned in John Coleson, son of William Coleson, in fee Simple, was read the first time, passed and sent to the Senate.

The Bill to alter the mode of punishing Horse-Stealing—also to repeal an Act entitled “an Act to prevent Horse-Stealing”—was read the second time, amended, passed and sent to the Senate.

On motion of Mr. Hooper, seconded by Mr. Cabarrus, ordered that the Petition of the People called Quakers be withdrawn from the Grand Committee and referred to a Joint Select Committee.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We propose that the Petition of the People called Quakers, which at present stands referred to the Grand Committee, be withdrawn from the said Committee and be referred to a Joint Select Committee, and have for that purpose on our part appointed Messrs. Franklin, Sawyer, Spaight, Bloodworth, Bonds and Gardner.

-------------------- page 284 --------------------

We have added Mr. James Robeson to the Committee to whom is referred the Petition from the Counties of Washington, Sullivan and Greene.

The Bill to erect and establish an Academy in the County of Franklin, was read the first time, passed and sent to the Senate.

The Bill directing the Courts of Pleas and Quarter Sessions of Pasquotank County to be held at Winfield, on Pasquotank River, and for establishing a Town on the Lands of Thomas Relfe, at Winfield, in said County, was read the first time and laid over until the next Assembly.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The Senate have added Messrs. Macon, Stokes, Gallaway and Reddick to the Committee to whom were referred the Letter and enclosures from the Rev. Robert Andrews and John Cowper, Esquires, Commissioners from the State of Virginia.

Received from the Senate the Resolve of this House for finding the prisoners with comfortable subsistence, concurred with.

Received from the Senate the Claim of the Clerk of Halifax Superior Court, and the Petition of George and Lewis Price. Endorsed in Senate, “read and referred as by the Commons.”

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

On the question, “shall the bill pass or not pass?” the yeas and Nays were required by Mr. Spaight, which are as follows, viz:

Yeas: Messrs. P. Robeson, J. G. Blount, W. Wood, Fulford, Whitfield, Rhodes, Phillips, J. Robeson, Dickens, Sawyer, Hall, Dauge, Westbrook, Dixon, Avera, Rew, Hill, McKenzie, Bonds, Hamilton, Palmer, Bell, McDonald, Z. Wood, Crawford, Everagin, Hutchins, Scott, Spruill, J. Taylor, Holmes, Webb, McKinne, Davie, Cabarrus, Covington, Alexander, Yancey, P. Hawkins, Jos. Stewart, W. Hawkins, Franklin, Frohock, Carson, Hinton, Pearson, Humphries of Currituck, Sloan, McDowall, Vance, Gardner, White, Eason, Brown, Hooper, Grant, Lewis, Bethell, Bloodworth, Perkins.—60.

Nays: Messrs. Spaight, Sitgreaves, West, Neale.—4.

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

-------------------- page 285 --------------------

Ordered that the Bill to carry into further effect an Act entitled “an Act for opening the Land office for the redemption of Specie and other Certificates, and discharging the arrears due to the Army,” be taken up on Monday next for the second reading in a Committee of the whole House.

Received from the Senate the Petition of John Bradley. Endorsed in Senate, “read and referred to Messrs. Mitchell, Martin and Moore.”

Received also the Petition of the Inhabitants of Orange. Endorsed in Senate, “read and referred to Mr. McCawley, General Ramsey, Messrs. Griffin and Gowdy.”

Received from the Senate the following Bills:

A Bill to extend Three Acts passed at the last General Assembly held at New Bern concerning the County Wardens of the poor, Tobacco Inspection, and for destroying Vermin in certain counties therein mentioned to the county of Chatham.

A Bill for the promotion of Learning in the county of Chatham.

A Bill to repeal the thirteenth section of an Act passed at New Bern in October in the year 1784, entitled “an Act for raising a public revenue for the support of Government, and to repeal an Act entitled to Suppress excessive Gaming.” Endorsed in Senate, “read the first time and passed.”

Received also a Bill for establishing a town on the Lands of Andrew Bass, and

A Bill for levying a further Tax of —— on every hundred Acres of Land, and —— on every Poll in the county of Camden for defraying the expence of Compleating the public buildings thereof. Endorsed in Senate, “read the Second time and passed.”

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


Thursday December 7th, 1786.

The House met according to adjournment.

Ordered that the Bill for raising Troops for the protection of the Inhabitants of Davidson county, be read the Second time in this House on Saturday next.

Received from the Senate the Report of the Committee of Claims on the petition of Winston Caswell and William White, Executors, &c., of William Caswell, Esquire. Endorsed in Senate, “read and Concurred with.”

-------------------- page 286 --------------------

Mr. Davie presented the petition of James Glasgow, Esquire, Public Secretary, which being read, Mr. Davie moved for leave, and presented a Bill to establish a Board to amend Errors in Patents, which was read the first time, passed and sent to the Senate.

Received from the Sehate the Report of the Committee of Claims on the Claim of James Blount. Endorsed in Senate, “read and recommitted.”

Mr. Frohock moved for leave, and presented a Bill to alter and amend an Act passed at Hillsborough in May 1783, intitled “an Act for repairing the Court House and prison in the Town of Salisbury for the District of Salisbury;” and also one other Act passed at New Bern 1784, entitled “an act for levying a Tax in the counties in Salisbury and Hillsborough Districts for the repairing the district Buildings in the towns of Salisbury and Hillsborough, and directing the method of calling to account all Commissioners of public buildings heretofore or hereafter to be appointed, also to alter the several Laws now in force for erecting and repairing the public building in the District of Hillsborough,” which was read the first time, passed, and sent to the Senate.

Received from the Senate the Claims of the Executors of James Davis, Esquire, deceased. Endorsed in Senate, “read and referred to Messrs. Gowdy, Clinton and Gen'l. Simpson.”

Ordered that Messrs. Whitfield and Covington have leave to absent themselves from the Service of this House until Monday next. Mr. West moved for leave to withdraw for amendment, the Bill to extend three acts passed at the last General Assembly held at New Bern concerning the County Wardens of the Poor, Tobacco Inspection, and for destroying Vermin, &c., to the county of Chatham. Ordered that he have leave accordingly.

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


Friday, December 8th, 1786.

The House met according to adjournment.

Received from the Senate the following:

Mr. Speaker and Gentlemen:

We have received your Message relative to the petition of the People called Quakers, which we agree to refer to a Select Committee, and have appointed Messrs. Harget, Stone and Clinton, who will act with the Gentlemen by you named for that purpose.

-------------------- page 287 --------------------

Mr. Speaker and Gentlemen:

We propose that the Report of the Committee on the petition of Gen'l. Simpson be recommitted as he was not present at the Investigation of the facts therein set forth.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We agree that the petition of General Simpson be recommitted as by you proposed.

Received from the Senate the Report of the Committee on Memorials and Petitions on the Memorials of Pleasant Henderson. Endorsed in Senate, “read and Concurred with,” which, being read, was concurred with by this House.

Received from the Senate the petition of Thomas Nethery and Ambrose Carlton. Endorsed in Senate, “read and referred to the Committee on Memorials and Petitions,” which being read, was referred as by the Senate.

Received also, the Petition of William Kirkpatrick, and the Petition of William Moore. Endorsed in Senate “read and referred to the Committee on Memorials and Petitions,” which, being read, were referred as by the Senate.

And received also, The Petition of David Ross. Endorsed in Senate “read and referred to a select Committee; the members chosen are Messrs. Tipton, Gallaway, Gen'l Rutherford, Messrs. Stokes, Martin and Bledsoe,” which, being read, was referred on the part of this House to Messrs. Hutchings, Scott, Hill, Sloan, Perkins, White, Ferrebee, Carson.

Received from the Senate the Report of the Committee on Memorials and Petitions on the Memorial of William Moore, Sheriff of Burke County. Endorsed in Senate, “read and concurred with,” which, being read, was concurred with by this House.

Received from the Senate the resignation of Charles Bruce as a Justice of the Peace. Endorsed in Senate “read and accepted,” which, being read, was Accepted by this House.

Mr. Hawkins from the Committee of Propositions and Grievances delivered in the following Report on the Memorial of George Mc-Niel, viz.:

Your Committee of Propositions and Grievances to whom was referred the Memorial of George McNiel, Report,

That it appears to your Committee from the relation of Colonel

-------------------- page 288 --------------------
McKissick and Major Franklin that a certificate was issued by the Auditors of Salisbury District to the Memorialists for value of the Stud Horse mentioned in the Memorial of the said George McNiel. It does not appear to your Committee that the said Certificate has been since lost or destroyed. It further appears to your Committee from a Certificate in the name of the said George given him by Colo. Cleveland; that the Memorialist did the duty of Chaplain while in the Army, but does not appear that he was legally appointed, nor what time he Acted in that Character, only from his own affidavit. Your Committee therefore reject his Petition.

All which is submitted.

WYATT HAWKINS, Chmn.

The House taking this report into consideration concurred therewith.

Mr. Hawkins from the Committee of Propositions and Grievances delivered in the following Report on the Petition of Samuel Pitman, viz.:

Your Committee of Propositions and Grievances to whom was referred the Petition of Samuel Pitman, late Deputy Sheriff of Halifax County, Report, That the Writ of Execution in his Petition Mentioned, to-wit: are against William Linton for two hundred pounds, and another against William Muir and Thomas Tullock for two hundred pounds were lost as in the Petition set forth, so that he could not make a return thereof to Court, but that the four hundred pounds therein Commanded to be levied was Actually collected, and that in substance he had done every thing thereupon, that his duty required.

Your Committe are therefore of opinion that the fine or amercement of fifty pounds, imposed for the not returning thereof, ought not to be levied, and propose that this report being Concurred with by both Houses, shall be receivable by the Sheriff of Halifax and all other officers in lieu of the same. All which is submitted.

WYATT HAWKINS, Chmn.

The House taking this report into Consideration, Concurred therewith.

Mr. Hawkins from the Committee of Proposition and Grievances delivered in the following report on the petition of Isaac Davenport, Jonathan Phelps and John Davenport.

-------------------- page 289 --------------------

Your Committee of Propositions and Grievances, to whom was referred the Petition of Isaac Davenport, Jonathan Phelps and John Davenport, report—

That it appears to your Committee from the representation of the Petitioners that they have obtained a grant from this State for the Lands mentioned in their Petition, and the same hath been registered in the register's office of the County in which it is situated, your Committee are of opinion that the grant in favor of the Petitioners, should it be a legal one, is sufficient to quiet them in their possession without the interposition of the Legislature; therefore, cannot grant the prayer of the Petition.

All which is submitted.

WYATT HAWKINS, Ch'n.

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

Mr. Hawkins, from the Committee of Propositions and Grievances, delivered in a report on the claim of Reuben Searcy, which, being read, was ordered to lie on the Table.

Received from the Senate the report of the Committee on the Petition of John Johnston. Endorsed in Senate, “read and concurred with.” Which, being read, was rejected; whereupon,

Resolved, That the Commissioner of Confiscation for the District of Edenton forbear until the next Assembly to sell the Lands called Green Ponds, now in the occupation of and claimed by John Johnston, and which has been advertised for sale by the said Commissioner as the property of Henry Eustace McCulloch.

Received from the Senate the report of the Committee on the Petition of Zephaniah Waller Endorsed in Senate, “read and concurred with.” Which, being read, was recommitted by this House to the Same Committee.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We have received and considered the report of the Committee on the Petition of John Johnston, with which this House cannot concur, but in consequence thereof have entered into the resolution for directing the suspension of the sale of the Lands called Green Ponds, &c., herewith sent for your concurrence. We propose that the report on the Petition of Zephaniah Waller be recommitted.

-------------------- page 290 --------------------

Mr. Davis presented the Petition of John Williams, which, being read, was referred to the Committee on Petitions and Memorials.

Mr. Cox presented the Petition of John McNiel, which, being read, was referred to the Committee on Petitions and Memorials.

Received from His Excellency the Governor the following Message:

To the Honorable the General Assembly:
Gentlemen:

In pursuance of the resolution of your Honorable Body of the twenty-fifth of November last, I issued State Warrants against the several persons by you directed, and also Citations for the Witnesses therein named, and as many of the persons charged and the witnesses' residence were in distant Counties, I made the warrants and Citations all returnable here on Monday next. I was furnished by the Commissioners of Army Accounts with a List of the officers who had signed such Accounts, and in pursuance of your said Resolutions, I have issued a proclamation of which the one herewith is a Copy.

John Price, one of the greatest offenders as it hath been suggested, having got notice of persons being in search of him, had secreted himself and family and was about to remove with his effects. Whereupon I Judged it to be my duty, in consequence of the Resolutions aforesaid to issue the order for Sequestering his estate of which I have the Honor to lay before you a Copy. The Management of this business was committed to the Deputy Sheriff of Dobbs county, who, in the absence of his principal, he being then attending the State prisoners to this place, as I have been informed, hath taken possession of the real and personal estate of said Price, and among other things upwards of twenty negroes, these with sundry Horses will be liable to get away unless some particular attention is paid to them, and as Mr. White, the Sheriff, is now here, I submit to the Legislature the propriety of giving him some directions on this business.

RD. CASWELL.

Fayetteville, Dec. 8th, 1786.

The foregoing Message from His Excellency, the Governor, and the papers therein referred to being read, were referred to Messrs. Spaight, Hay and Maclaine, who are to report immediately, and to

-------------------- page 291 --------------------
bring in a Bill for the purpose of carrying into effect the resolution on this subject.

Ordered that the Bill to compel certain officers therein mentioned to publish the application of the public monies, &c., be read the Second time in this House To-morrow.

Mr. Hinton presented the petition of a Number of the Inhabitants of Wake county, which being read, Mr. Hinton moved for leave, and presented a Bill for adding part of Wake county to Franklin county, which was read the first time, passed and sent to the Senate.

On reading the petition of Thomas Wheelright Pearson,

Resolved, That the said Thomas Wheelwright Pearson be allowed the sum of One Hundred and fifty-seven pounds, it being for seven Thousand eight Hundred and fifty pounds weight of Tobacco borrowed of the said Pearson, in consequence of a Resolution of the General Assembly passed at Wake in the year 1781, and that the Treasurer pay the same, who shall be allowed therefor in the settlement of his Public Accounts,

Mr. Jos. Stewart presented the petition of Matthew Jones, which, being read, was referred to the Committee on Petitions and Memorials.

Mr. Jos. Stewart presented the petition of Samuel Gilmour, which, being read, was referred to the Committee of Claims.

The Bill for establishing a Town on the Lands of Andrew Bass, was read the third time, passed and sent to the Senate.

The Bill for establishing a Town on the Lands of William Petty, adjoining Chatham Court House, as laid off by the Trustees named in the Act of the last General Assembly entitled “an Act for establishing a Town on the Land of Mial Scurlock, deceased, in Chatham County; for appointing Commissioners for the regulation of the Town and repealing said Act,” was read the third time, passed and sent to the Senate.

The Bill impowering Commissioners to dispose of the Land and Glebe, the property of St. John's Parish, formerly in the County of Bute, now in Franklin, was read the first time, passed and sent to the Senate.

Mr. Sitgreaves presented the Petition of Nathan Smith, which, being read, was referred to the Committee on Petitions and Memorials.

The Bill to authorize and impower William Murfree, formerly Sheriff of Hertford, now Hertford and Gates Counties, to collect the

-------------------- page 292 --------------------
arrears of Taxes due him, &c., was read the second time and rejected.

Ordered that Messrs. Wood, Bryan, Hill, Rew, McKenny, McKenzie, Sawyer and Hamilton be a Committee to amend the Bill to impower the County Court of Sampson to levy a further Tax on the inhabitants of said County, &c.

The Bill to impower the Wardens of the Poor in the County of Granville to sell the Glebe in said County, was read, amended, passed and ordered to be engrossed.

Ordered that the following Bills be read the second time in this House on Tuesday next, viz:

A Bill to establish a Public Inspection of Tobacco in the Town of Salisbury, &c.

A Bill for establishing an Academy at the place now called Martinborough, &c.

Mr. W. Hawkins moved for leave to withdraw for Amendment the Bill for erecting an Academy at the Town of Warrenton. Ordered that he have leave accordingly.

Received from the Senate the Petition of Matthew McClure. Endorsed in Senate “read and referred to Messrs. Hargett, Stone, Macon, Gillispie and Harris,” which, being read, was referred to Messrs. Sloan, Philips, Phifer, Alexander and McDowall.

Received from the Senate a Resolve of that House directing that the Committee appointed to examine the prisoners, &c., be directed to admit no person to bail charged with embezzling the Public Money, which, being read, was concurred with.

Received from the Senate a Resolve of that House requesting the Speakers to inform the Continental Officers attending in Fayetteville their further attendance will be absolutely Necessary, &c., which, being read, was rejected.

The Bill to annex part of the County of Burke to Rutherford County, was read the second time, passed and sent to the Senate.

The Bill to release the Estate of John Anderson, Deceased, from a forfeiture of Recognizance, &c., was read the second time, amended, passed and sent to the Senate.

Resolved, That the Gentlemen appointed to examine Certain Prisoners confined in consequence of Resolutions of this Assembly on information of their having embezzled the property of this State be permitted and directed to communicate to the Gentlemen this

-------------------- page 293 --------------------
day appointed to prepare and bring in a Bill to carry the said resolutions into effect such facts and circumstances as may be deemed essential, to enable them to frame the Bill with propriety and that the last mentioned Gentlemen be under the same Injunction of Secrecy as the examiners.

Resolved, That the officers of the late Army attending here in consequence of the Governor's Proclamation be informed that this Assembly entertain a proper sense of their ready acquiescense to the command in the said Proclamation in order to aid the General Assembly in the discovery of frauds committed against the State and that the Speakers be requested to notify the same accordingly.

Ordered that the Bill for the inspection of Tobacco at Anson Court House lie over until Tuesday next.

Received from the Senate the representation of the officers at Fayetteville.

Mr. Polk presented the Petition of John Graham, which, being read, was referred to the Committee on Petitions and Memorials.

The additional Bill to an Act entitled “an Act to amend an Act passed at New Berne the first day of December, 1786, entitled ‘an Act for establishing a School House in the Town of NewBerne,’” was read the second time, amended, passed and sent to the Senate.

Mr. Rew moved for leave and presented a Bill for altering the manner of holding the Annual Elections for the County of Hyde, which was read the first time, passed and sent to the Senate.

Received from the Senate the Report of the Committee on the Petition of Samuel Johnston, Nathaniel Allen and James Iredell, Executors of the last Will and Testament of Joseph Hews. Endorsed in Senate, “read and concurred with,” which, being read, was concurred with by this House.

Received from the Senate a Resolve of that House directing the Treasurer to pay Hugh Stanley forty pounds, which, being read, was concurred with.

Received from the Senate the Message of this date from His Excellency the Governor. Endorsed in Senate “read and referred to Messrs. Gillispie, Hargett and Bledsoe.”

The Bill to alter the method of punishing Horse Stealing, also, to repeal an Act entitled “an Act to prevent Horse Stealing,” was read the third time, amended, passed and sent to the Senate.

Ordered that Mr. Rhodes be added to the Committee of Finance.

-------------------- page 294 --------------------

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We have added Mr. Rhodes to the Committee of Finance.

The Bill for erecting a prison in the County of Franklin, 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 joint Committee to whom were referred the Resolution of the Assembly of the State of Virginia, and other papers relative to a Canal proposed to be opened from the waters of Elizabeth to those of Pasquotank River, we send you herewith concurred with by this House, who have appointed on their part Messrs. Gallaway and Macon to assist in preparing a Bill agreeably to the tenor thereof.

At the same time received the Report referred to in the above, which, being read, was recommitted by this House; whereupon, the following Message was ordered to be sent to the Senate:

Mr. Speaker and Gentlemen:

We have received the Message of your House accompanied by the Report of the Committee relative to opening a Canal from the waters of Elizabeth River in the State of Virginia to Pasquotank River in this State, with which we do not concur, but propose that the report relative to this Subject be recommitted.

Received from the Senate the following Bills, vizt.:

A Bill to establish a Board to amend errors in Patents.

A Bill to alter and amend an Act passed at Hillsborough in May, 1783, entitled “an Act for repairing the Court House and prison in the Town of Salisbury for the District of Salisbury,” and also, one other Act passed at NewBerne, 1784, entitled “an Act for levying a Tax in the Counties of Hillsborough and Salisbury districts for repairing the District buildings in the Towns of Hillsborough and Salisbury,” &c.

A Bill to prevent the appointing too great a number of Justices of the Peace and to compel the Clerks of the several Counties in this State to make returns as herein directed.

A Bill vesting certain powers in the several County Courts within this State, severally endorsed in Senate “read the first time and passed.”

-------------------- page 295 --------------------

Received also, A Bill vesting certain Lands therein mentioned in John Coleson, son of William Coleson, in fee simple. Endorsed in Senate “read the second time and passed.”

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


Saturday, 9 December, 1786.

The House met according to Adjournment.

Received from the Senate a Bill for levying a Tax in the District of Edenton for building the jail of the said district, and for the purpose of discharging a balance due to the Executors of Joseph Hews, Deceased. Endorsed in Senate, “read the first time and passed.”

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

Mr. Phifer presented the Petition of Andrew Kennedy, which, being read, was referred to the Committee of Propositions and Grievances.

Received from the Senate the Resolve of this House allowing Thomas Wheelwright Pearson the sum of one hundred and fifty-seven pounds concurred with.

Mr. Brown presented the Petition of James Fleeker, which, being read, was referred to the Committee of Propositions and Grievances.

Mr. J. G. Blount moved for leave and presented a Bill for improving the Navigation to NewBern, which was read the first time, passed and sent to the Senate.

Mr. J. G. Blount moved for leave and presented a Bill for erecting Bogue Barr and New River Inlets into a distinct Port by the Name of Swannsborough, which was read the first time, passed and sent to the Senate.

Mr. Phifer moved for leave and presented a Bill to alter the time of holding the County Court of Pleas and Quarter Sessions in the County of Mecklenburgh, which was read the first time, passed and sent to the Senate.

The Bill to compel certain officers therein mentioned to publish the application of the Public Monies and allowances for insolvents was read the second time, amended, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Senate do not concur with you in referring the Claims of

-------------------- page 296 --------------------
Capt. Samuel Gilmore to the Committee of Claims, but propose that a Resolve herewith sent you, on that head, be adopted.

At the same time received the Resolve above referred to directing the Comptroller to issue a Certificate for such balance as may appear to be due said Gilmore, which, being read, was concurred with by this House.

Received from the Senate the Petition of Matthew Jones. Endorsed in Senate “read and referred as by the House of Commons.”

Received also, the Report of the Committee of Propositions and Grievances on the Petition of Samuel Pitman, and the report on the Memorial of George McNiel. Endorsed in Senate “read and concurred with.”

Ordered that the Bill to amend an Act for dividing Guilford County be read the second time in this House on Monday next.

The Honorable the Speaker laid before the House a Letter from the Rev. Robert Andrews and John Cowper, Esquire, Commissioner from the State of Virginia, appointed to confer with the General Assembly of this State relative to opening a Canal from Elizabeth to Pasquotank River, &c., which, being read,

Resolved, That Mr. McLaine and Mr. McKenzie be appointed on the part of this House to confer with Robert Andrews and John Cowper, Esquires, on the principles and draft of a Bill for opening a Navigable Canal between certain waters of this State and the State of Virginia to be submitted to the Legislatures of both States.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House have appointed Mr. Maclaine and Mr. McKenzie on their part to confer with the Rev. Robert Andrews and John Cowper, Esquires, on the Subject expressed in the Resolve herewith sent you and their Letter.

Mr. Davie presented the representation of Robert Fenner, Agent for the late line of this State, which, being read, was referred to a joint Committee. The members appointed on the part of this House for that purpose are Messrs. Spaight, Rhodes and Martin.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We propose that the papers before the Grand Committee relative to the Subject of Final Settlement Certificates, &c., be referred to

-------------------- page 297 --------------------
the Committee appointed on the representation of Robert Fenner, and that such Committee report as soon as possible.

The Bill vesting certain lands therein mentioned in John Coleson, Son of William Coleson, in fee simple, was read the second time, passed and sent to the Senate.

Received from the Senate a Bill to release the Estate of John Anderson, Deceased, from a forfeiture of recognizance, &c., and A Bill for establishing a Town on the Land of Robert Burton, Esq. Endorsed in Senate “read the second time and passed.”

The House resumed the Consideration of the Report of the Committee on the Petition of Matthew Mosely and came to the following Resolution, vizt.:

Resolved, That the Treasurer of this State pay unto Matthew Mosely the sum of Sixty-six pounds thirteen shilling and four pence in discharge of two Bills of exchange for two hundred and fifty Dollars dated the 10th of May, 1777, drawn on the Continental Treasury by John Ashe, Esquire, late Treasurer of this State, in favor of John McNees and by him endorsed, the same being for Money advanced by the said Mosely for the use of this State to the said John McNees, then a Continental officer, together with Interest on the same at the rate of Six per Cent. per Annum; that the Treasurer take up the said Bills and be allowed therefor in the settlement of his 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 directing the Treasurer to pay Matthew Moseley a bill of exchange drawn in favor of John McNees, &c.

The bill to establish a fund for the support of the Academy at Hillsborough, and providing funds for other Academies, was read the second time, amended and sent to the Senate.

On the question, “Shall the Bill pass or not pass?” the yeas and nays were required by Mr. Wyatt Hawkins, which were as follows:

Yeas: Messrs. P. Robeson, J. G. Blount, W. Wood, Copeland, Creecy, Fulford, Rhodes, Polk, J. Robeson, Dauge, Richardson, Dickson, Cox, Willis, McKissick, Hill, McKenzie, Everagin, Toms, Hutchings, Scott, Spruill, J. Taylor, Davie, Cabarrus, Martin, Alexander, Frohock, Carson, Humphries (Currituck), Sloan, Pugh, McDowall, Vance, Eason, Hooper, and Grant—37.

-------------------- page 298 --------------------

Nays: Messrs. Ferrebee, Phillips, Westbrooks, Avera, Bonds, Hamilton, Palmer, Bell, Z. Wood, Crawford, Holland, Dodd, Holmes, McKinne, Phifer, Yancey, P. Hawkins, Jos. Stewart, W. Hawkins, Franklin, Hinton, Pearson, Gardner, White, Jas. Stewart—25.

The Bill to make the securities therein named Negotiable, was read the second time, amended, passed and sent to the Senate.

The Bill vesting certain powers in the several County Courts within this State, was read the first time, passed and sent to the Senate.

The Bill to release the estate of John Anderson, deceased, from a Recognizance, &c., was read the third time, passed and sent to the Senate.

Mr. Phillips presented the representation & Petition of the Board of Commissioners for the Town of Tarborough, which, being read, Mr. Phillips moved for leave and presented a Bill to establish the late Survey and plan of Tarborough, as made and laid down by the directions of the Commissioners composing the Body Politic and Corporate of the said Town, and to amend an Act entitled “an Act for the better regulation of the Town of Tarborough,” which was read the first time, passed and sent to the Senate.

Resolved, That Major Robert Fenner agent of Financial Settlement Certificates, and the Secretary of State, be directed to furnish the Committee appointed to examine the State prisoners with lists of the names of all persons now in their respective offices who have served in the Continental line of this State, and that the same lists be afterwards delivered to the Committee to inquire into the application of the last £100,000.

The House resumed the consideration of the Report of the Committee on the Claim of Reuben Grant, and came to the following Resolution, vizt:

Resolved, That Reuben Grant, Esquire, be allowed the Sum of Ninety pounds for a Negro Man Slave, condemned and caused to be executed by a Court called in the County of Onslow, at the Town of Swansborough for the purpose of trying the said Slave for a Capital offence committed by him; that the Treasurer pay him the same and be allowed.

-------------------- page 299 --------------------

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Senate have, pursuant to the letter from the Rev. Mr. Andrews and John Cowper, Esquire, Commissioners on the part of the State of Virginia, and the Message and resolutions of your House accompanying the same, appointed Messrs. Gallaway and Stokes to confer with the said Commissioners, and with them and the Gentlemen appointed of your body to report the form of a Bill relative to the opening a Navigable Canal between certain waters of that and this State.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

Pursuant to your proposition on that head, we agree that the Report of the Committee to whom were referred the Resolution of the Assembly of Virginia, and papers accompanying it, relative to the opening a Canal from the Waters of Elizabeth River, in that State to those of Pasquotank River, in this State, be recommitted.

Mr. Hawkins, from the Committee of Propositions and Grievances, delivered in the following Report:

Your Committee of Propositions and Grievances, to whom was referred the claim of William Boggan, after inquiring into the premises and examining the papers and duly weighing every circumstance relative thereto, are of opinion his claim is not properly authenticated; therefore rejected.

All which is submitted.

WYATT HAWKINS, Chairman.

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

Received from the Senate three Resolves of this House, concurred with, vizt:

A Resolve the Speakers to acquaint the officers attending at Fayetteville the General Assembly entertain a proper sense of their ready acquiescence to the command in the Governor's Proclamation, &c.

A Resolve appointing Messrs. Maclaine and McKenzie to confer with the Commissioners from Virginia, &c.

A Resolve the Gentlemen appointed to examine the prisoners to

-------------------- page 300 --------------------
communicate to the Gentlemen appointed to prepare and bring in a Bill to carry into effect the resolutions respecting the prisoners such facts and circumstances as may be necessary, &c.

Mr. Hawkins, from the Committee of Propositions and Grievances, delivered in a report on the Petition of James Tate—which, being read and amended, was agreed to—as follows, viz;

Your Committee of Propositions and Grievances, to whom was referred the Petition of the Reverend James Tate, purporting the loss of a Certificate for the three hundred and fifty-eight pounds granted to him by the Commissioner of Army Accounts in consideration of his services as Chaplain in the late Continental line of this State, are of opinion that the said certificate was actually burned in the house of the said Petitioner by the late fire of Wilmington, and therefore recommend that a Certificate of the like kind and Amount be issued to the said James Tate in lieu of the one lost, the issuing of the said Certificate to be noted in his Check Book.

All which is submitted.

WYATT HAWKINS, Chairman.

Mr. Hawkins, from the Committee of Propositions and Grievances, delivered in the following Report, viz:

Your Committee of Propositions and Grievances, to whom was referred the Claim of Morgan Brown, are of opinion that the several charges mentioned in the Account laid before the Committee are not supported; therefore reject his claim.

All which is submitted.

WYATT HAWKINS, Chairman.

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

Received from the Senate the Report of the Committee on the Petition of Isaac Davenport, Jonathan Phillips and John Davenport, and the report of the Committee on the claim of William Boggan. Endorsed in Senate, “read and concurred with.”

Received from the Senate the Memorial of John Graham. Endorsed in Senate, “read and referred as by the Commons.”

The House adjourned 'til Monday Morning 10 O'clock.


Monday, 11th December, 1786.

The House met according to adjournment.

Mr. McDaniel presented the Petition of a number of the Inhabitants

-------------------- page 301 --------------------
of Montgomery County, which, being read, was referred to the Committee on Petitions and Memorials.

Received from the Senate the Resolve of this House directing Mr. Fenner, Agent, &c., and the Secretary to furnish the Committee appointed to examine the prisoners with the names of the persons who served to the end of the War, &c., concurred with.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We agree that the papers before the Grand Committee relative to final settlement Certificates be referred to the Committee appointed on the representation of Captain Robert Fenner and that the said Committee report as by you proposed.

Received from the Senate a Resolve of that House for liberating Arthur Pierce, which, being read, was concurred with.

Received from the Senate the Petition of Andrew Kennedy, and the Petition of James Flecker. Endorsed in Senate “read and referred as by the Committee.”

Received from the Senate the Petition of Elizabeth Shaw. Endorsed in Senate “read and referred to the Committee appointed to report on the Petition of Samuel Strudwick, Esqr.,” which, being read, was referred as by the Senate.

Received from the Senate the Report of the Committee on the petition of Nathaniel Tooley, the report on the petition of James Lockhart, and the report on the petition of William Hollowell. Endorsed in Senate “read and concurred with,” which, being read, was concurred with by this House.

Received from the Senate a Resolve of that House directing the Sheriff of Dobbs County to take into his safe keeping the property of Sundry persons who have been guilty of passing fraudulent Acc'ts, &c., which, being read and amended, by inserting the name of Thomas Butcher, was concurred with by this House.

Received from the Senate the report of the division of the Committee of Finance No. 3, which, being read, was ordered to be laid on the Table until To-morrow.

Mr. Davie moved for leave and presented a Bill to amend an Act entitled “an Act to amend an Act entitled ‘an Act for ascertaining what property in this State shall be deemed Taxable property, the method of assessing the same and collecting public Taxes,’” which was read the first time, passed and sent to the Senate.

-------------------- page 302 --------------------

Mr. Wyatt Hawkins moved for leave and presented a Bill to annex a part of the County of Granville to Warren, which was read the first time, passed and sent to the Senate.

Mr. Vance presented the resignation of William Moore as Justice of the Peace for Burke County, which, being read, was accepted.

Mr. Hooper presented the Memorial of the Executors of Robert Hogg, Deceased, which, being read, was referred to the Committee of Claims.

Ordered that the order of the day for going into a Committee of the whole House on the Bill to carry into further effect an Act entitled “an Act for opening the Land office for the redemption of Specie and other Certificates and discharging the arrears due to the Army, be postponed until To-morrow.

The additional Bill to an Act entitled “an Act to amend an Act passed at New Bern the first day of December, 1766, entitled ‘an Act for establishing a School House in the Town of New Bern,’” was read the third time, passed and sent to the Senate.

The Bill for establishing a Town on the Land of Robert Burton, Esquire, in the County of Granville, was read the third time, amended, passed and sent to the Senate.

The Bill vesting certain Lands therein mentioned in John Coleson, son of William Coleson, in fee simple, was read the third time, passed and ordered to be Engrossed.

The Bill to annex part of the County of Burke to Rutherford County, was read the third time, passed and ordered to be Engrossed.

Mr. P. Hawkins from the Committee to whom was referred the application of the Treasurer, delivered in a Report, which, being read, was ordered to lie on the Table.

The Bill to prevent the appointing too great a number of Justices of the Peace, and to compel the Clerks of the several County Courts in this State to make return as herein directed, was read the first time, passed and sent to the Senate.

Mr. Hooper from the Committee to whom was referred the Inhabitants of Orange County moved for leave and presented a Bill to direct the method to appoint Jurors and Surveyors to run out disputed Lands, which was read the first time, passed and sent to the Senate.

Received from the Senate a Bill to encourage David Ross, Esquire,

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of the Commonwealth of Virginia, to erect an Iron Manufactory on the North Fork of Holston river.

A Bill permitting the emancipation of slaves under certain Regulations therein mentioned. Endorsed in Senate “read the first time and passed.”

Received from the Senate the report of the Committee of Propositions and Grievances on the claim of Morgan Brown. Endorsed in Senate “read and concurred with.”

Received also, a Resolve of this House allowing Reuben Grant ninety pounds, and a Resolve directing the Treasurer to pay two Bills of exchange drawn in favor of John McNees to Matthew Mosely. Endorsed in Senate “read and concurred with.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Gentlemen appointed to examine the State provisions being now ready to report we propose that both Houses meet immediately in the room where the Commons sit to receive their report and to confer together on the measure necessary to be taken on the contents thereof.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We agree that the General Assembly meet in conference as by you proposed in order to receive the report of the Committee appointed to examine the State prisoners, &c.,—

The Honorable the Speakers and Members of the two houses of the General Assembly assembled in conference, the Speakers being seated, Mr. Hooper proposed for Chairman Elisha Battle, Esquire, who was unanimously chosen and conducted to the chair accordingly; whereupon, Mr. Polk from the Committee appointed to examine the prisoners, delivered in the following Report, vizt.:

The Committee to whom was referred the examination of the State Prisoners beg leave to report—

That they have on oath examined the Persons whose names are herein inserted and whose depositions for the information of the General Assembly are subjoined and numbered, vizt.:

No. 1. William Faircloth,
No. 2. Thomas Butcher,
No. 3. William Andrews,
No. 4. James Homes,
No. 5. Sherwood Barrow,
No. 6. Arthur Pierce,
No. 7. John McNees,
No. 8. John Shepperd,
No. 9. Benjamin Sheppard,
No. 10. John Macon,
No. 11. Andrew Armstrong,
No. 12. Burwell Mouring.
-------------------- page 304 --------------------

Your Committee are of opinion that from the depositions marked and numbered as above, as well as from many other Circumstantial evidence they have had, that many wilful frauds have been committed by sundry persons in procuring Soldiers' Accounts, not only by forging the same and the orders, but wickedly employing by large rewards sundry others to write false Accounts and orders, whereby they might be able to obtain Monies from the public Treasury of this State.

Your Committee beg leave to suggest that it is their opinion from testimony given in, that the late Commissioners for Army Accounts were sensible that very large numbers of the accounts to them produced for settlement ought by them to have been rejected, which your Committee fear they have not done, and for which in their opinion they stand highly reprehensible.

Your Committee find that the Treasurer of this State was sensible that many of the Accounts passed by the Commissioners aforesaid were obtained in an illegal manner. That he at first did laudably and honestly refuse to pay off the due bills; but your Committee since find through his Clerks, Absalom Tatom and Anderson Hunt he has paid off nearly as many of the due Bills as he had Money to discharge and hath also made a deduction from five to twelve and a half per cent. for so doing, whereby he stands chargeable in the opinion of your Committee.

Your Committee beg leave to remark that they find by the papers marked and numbered 6 and 7, that Benjamin McCullock and Henry Montfort previous to the passing of the Act of Assembly for reviewing the Board for settling Army Accounts did as well at New Bern as elsewhere, contract and agree with sundry individuals to pass their claims through the office for the one fourth and more, and that a receipt hath been given by Benjamin McCullock to John McNees, wherein he actually promises to have sixteen or seventeen Accounts passed.

Your Committee are of opinion that such Contracts were unjust, and it appears that it was predetermined by the said Commissioners

-------------------- page 305 --------------------
to pass the Accounts as well as all that could be purchased, as you will find by the deposition.

No. 6.—Whether the Act for reviving the Board of Commissioners had been passed or not.

Your Committee find by the depositions marked 1, 2, 5, 6, 7, 8 and 12 that Benjamin McCullock hath asked and actually received the one-third, and in some instances one-fourth, part of the amount of the Accounts for passing them in the Commissioner's office and for drawing the Money whereby he has purloined a property to a very great amount, and that although the said McCullock did promise to procure and draw the Monies for the due Bills which he passed, yet your Committee find that the Individuals have been obliged to give ten and twelve per centum for drawing the same from the Treasury office. Your Committee, in their investigation of the conduct of the Commissioners, have not discovered that John Macon, one of the board, hath at any time received either part of those fraudulent Accounts or other reward for passing the same.

Your Committee have it not in testimony that Colonel Archibald Lyttle or Major Reading Blount, who have signed a greater part of the fraudulent Accounts, have received any gift or reward for the same, or have been promised any.

Your Committee have it in testimony that Captain John McNees hath signed almost the whole of the fraudulent accounts, and that he hath done the same knowing them to be such; that he has signed many Accounts whilst they were blank for sundry persons, and that he hath also furnished orders for drawing the same from the Commissioner's office

Your Committee have it in testimony that Captain Jesse Reid, of Halifax, did sign twenty blank Soldiers' Accounts for Captain Sherwood Barrow, the principal part of the same being for the War, for for which service the said Barrow did give him two Military Land Warrants for Six hundred and forty Acres each.

Your Committee have, in order to more clearly show the conduct that hath been pursued by the different persons concerned in those disgraceful transactions, and to discover to the General Assembly in whose hands the Monies have rested, beg leave to state the

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proceedings on the Accounts of William Faircloth as an instance, vizt:

We find that he hath law Accounts before the Commissioners to the amount of
£71,369
/
7
11
That the Commissioners have deducted for paying the same
23,789
15
11¼
There will then remain for Mr. Faircloth in Due Bills and Certificates
47,579
11
11¼
Deduct one-fourth of the same, the amount of the due Bill part
11,894
17
11¾
Then deduct 10 per Cent. for the Treasurer for paying
1,189
9
9
You will then find that Mr. Faircloth, out of £17,842 /6 11d, the Money part of his Acco'ts rendered, hath drawn only
705
8
There then remains in the hands of the Commissioners in Certi ficates
17,842
6
11
And in Money
5,947
8
11¾

All which is submitted.

GRIFFITH RUTHERFORD.
ISAAC GREGORY.
WILL. POLK.
A. NEAL.

The Committee of the two Houses, taking this Report into consideration, concurred therewith.

Resolved, That Messrs. Maclaine, Hay, Davie, P. Hawkins, and Hooper be a Committee to state and arrange the Testimony contained in the Depositions laid before the Committee of the two Houses by the Committee appointed to examine the prisoners, and to which their report refers.

The business of the conference being ended, the Speakers resumed their chairs, and Mr. Chairman reported the resolutions which the Committee came to on the subjects under their consideration; whereupon,

Resolved, That the same be concurred with.

Mr. Speaker and the Members of the Senate then withdrew.

Resolved, That Messrs. Cabarrus and Martin be appointed to

-------------------- page 307 --------------------
examine the Prisoners, &c., in the room and stead of Messrs. Polk and Neal.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We have appointed Messrs. Cabarrus and Martin to examine the prisoners, &c., in the room and Stead of Messrs. Polk and Neal.

Resolved, That the persons appointed to examine the State prisoners furnish his Excellency the Governor with the names of all such now in confinement as they may deem proper to be admitted to Bail, to the end they may be bailed accordingly and bound to appear as witnesses against the others, if need be; and that they furnish his Excellency with the names of all such now at large who have been criminated before them in such manner as to make the apprehension of such persons expedient; and that Warrants be issued for that purpose as soon as possible.

Resolved, That this House do approve of the conduct of the Committee in committing to close confinement Mann Phillips, and that he remain so confined until the further order of the General Assembly.

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


Tuesday, 12th December, 1786.

The House met according to adjournment.

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

Ordered that Mr. Montfort be allowed time until Thursday next to show cause, if any he can, why his seat in this House should not be vacated in consequence of the criminal matters imputed to him in the report of the examiners yesterday delivered into this House, and in the meantime that he shall have access to the depositions in the report mentioned in the hands of the Committee appointed to arrange the Testimony, &c.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We propose that the General Assembly proceed to Ballot on Saturday next at 3 o'clock for the place at which the next General Assembly shall be held, for a Governor, Delegates to represent this State in Congress, and a Treasurer.

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Resolved, That the examiners be directed to inquire whether Blank Land Warrants were ever issued from the Secretary's office, and into other supposed abuses relative thereto in the said office committed, and that in the investigation of these matters they particularly call on and examine Colonel Mitchell, of Onslow; and that they be further directed to examine Mann Phillips with respect to Mr. Glasgow, or any of his deputies, being privy or in any wise concerned with the making out of the fraudulent Accounts that were fabricated in his office.

Received from the Senate the Memorial of Jeptha Terrell and the Petition of John Hinton. Endorsed in Senate, “read and referred to the Committee on Petitions and Memorials;” which petitions, being read, were referred as by the Senate.

Mr. Hooper moved for leave and presented a Bill for reprinting and republishing the Acts of the Assembly of the State, which was read the first time, passed and sent to the Senate.

Mr. Sitgreaves moved for leave and presented an additional Bill to an Act entitled “an Act for the regulation of the Town of New Bern, and for other purposes,” which, was read the first time, passed and sent to the Senate.

Mr. Spaight presented the Memorial of William Wood, which, being read, was referred to the Committee of Claims.

Mr. Sitgreaves moved for leave and presented a Bill to emancipate Hannah, alias Hannah Bowers, a person of mixed blood belonging to the estate of the late Alexander Gaston, deceased, which was read the first time, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We propose that the propriety of passing into a Law the Bill now before this Assembly for dividing Bladen County be submitted to a Committee, and have for that purpose on our part appointed Messrs. Medlock, Thomas Armstrong and Gillespie a Committee who will act jointly with such of your Body as may be appointed for this purpose.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We agree that the propriety of dividing Bladen County be submitted to a Committee, and have on our part for this purpose

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appointed Messrs. Dixon, Rhodes, Bloodworth, McDowell, and Phifer.

Mr. Spaight, from the Committee to whom were referred the state of the representation in Congress, delivered in the following report, vizt:

The Committee to whom were referred the state of the representation in Congress, and the Letters from the Delegates, beg leave to report—

That having examined the present situation of the Delegates, they find that the Salaries allowed for their support is by no means adequate to the purpose of enabling them to perform the duty which the County expects and their appointments require of them, they find that the present Salary of a delegate is sixty-four pounds per month paid by warrants on the Treasury, which they often find great difficulty in getting the Money for, owing to the want of Money in our Treasury. When they receive it, it is in a Currency that does not pass without the bounds of the State, and for it Specie cannot be obtained under twelve shillings for a hard dollar, or a deduction of one third from their monthly allowance reduces it to forty-two pounds thirteen shillings and four pence, a sum by no means adequate to their incidental expenses in the character they have to support as the representatives of the sovereignty of a free and independent State. And we conceive it to be from this cause that our representation in Congress has not been so constant or so full as it ought to have been, nor can we presume, that the public can expect or wish that any individual should devote his time to the service of the public, and at the same time be obliged to have recourse to his private fortune for his support, which has been assuredly the case with such of our Delegates as have done their duty for these three years past.

Your Committee beg leave to state the difference between the Delegates and the other officers of Government:

The former from the nature of their office have their duty to perform in another State where their expenses are great and nothing but hard Money will pass at a distance from their property which generally yields less profit from the absence of the owner; whilst on the contrary the other officers of Government perform their duty within the State where the Money they receive for their Salaries is the only circulating medium and also enjoy the advan

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tage of Superintending their own affairs and few of them are put to any more expense by the office they hold than they would have to bear, were they without it.

Your Committee highly sensible of the importance of keeping up a representation in Congress as it not only concerns the interest of this State but of the United States, are therefore of opinion that the Delegates should receive their Salary in hard Money, to be paid them in New York, or wherever Congress may sit, in payments of one Month's Salary in advance and in order that the State may be enabled to pursue this mode of payment they recommend that His Excellency the Governor be authorized and empowered to make a Contract with some Person or Persons to Make the aforesaid payments, who shall give sufficient Security for the faithful and punctual performance of his or their Contract, and that the Governor be enabled to fulfil the Contract in behalf of the State by drawing Warrants on the Treasury in favor of the Person or Persons he may contract with, and to carry into full effect the above plan, your Committee present the draft of a Bill for that purpose.

RICHARD DOBBS SPAIGHT, Chmn.

The House taking this Report into consideration concurred therewith.

Mr. Spaight moved for leave and presented a Bill for the better and more punctual payment of the Salaries of the Delegates in Congress, which was read the first time, passed and sent to the Senate.

Received from the Senate the following Bills, vizt.:

A Bill to confirm unto Richard Dobbs Spaight an indefeasible title to certain Lands therein mentioned in Bladen County.

A Bill to direct the method to appoint Jurors and Surveyors to run out disputed lands, and a Bill to amend an Act entitled “An Act to Amend an Act entitled ‘an Act for ascertaining what property in this State shall be deemed Taxable property, the method of assessing the same and collecting public Taxes.’” Endorsed in Senate “read the first time and passed.”

Received from the Senate the Memorial of the Executors of Robert Hogg, Deceased, the Petition of a number of the Inhabitants of Montgomery County, and the Petition of John McNeil. Endorsed in Senate “read and referred as by the House of Commons.”

Received from the Senate the Resolve of this House, directing the

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Committee appointed to examine the prisoners, &c., to furnish His Excellency the Governor, with the names of such Prisoners as might be admitted to Bail, &c., concurred with.

Received also, the resignation of William Moore, Justice of the Peace for Burke County. Endorsed in Senate “read and accepted.”

Mr. Hooper presented the resignation of Thomas Bloodworth, as Colonel of New Hanover County, and as a Justice of the Peace, which, being read, was accepted by this House.

The order for the day for going into a Committee of the whole House to take up for the Second reading the Bill to carry into further effect an Act entitled “An Act for opening the Land office for the redemption of Specie and other Certificates and discharging the arrears due to the Army,” being called for and read,

Resolved, That the House Resolve itself into a Committee of the whole House to take up for the second reading the said Bill, the House Resolved itself into a Committee of the whole House accordingly, and choseJohn Sitgreaves, Esqr., Chairman. After some time spent therein, Mr. Speaker resumed the Chair and Mr. Chairman Reported—

That it was the opinion of the Committee that the Bill should pass the Second reading, whereupon, the Bill was taken up and read the Second time, amended, passed and sent to the Senate.

On reading this Bill, it was moved and seconded that the blank wherein the Sum to be paid for each 100 Acres of Land to be entered should be filled up with the words, “Ten Pounds,” which was objected to, and a larger Sum proposed. The question being put, was carried in the negative, whereupon the yeas and nays were required by Mr. Phifer, which are as follows, vizt:

Yeas: Messrs. Dixon, Hill, Withrow, Holland, Montfort, J. Taylor, Davie, Phifer, Alexander, Franklin, Frohock, Carson, Sloan, McDowell, Vance, Gardner, White, Jas. Stewart, Clinch, Burke, and Brickell—21.

Nays: Messrs. Spaight, P. Robeson, Hay, J. G. Blount, W. Wood, Ferrebee, Copeland, Creecy, Winslow, Fulford, Whitfield, Rhodes, Polk, Phillips, J. Robeson, Dickens, Sawyer, Hall, Dauge, Anderson, Richardson, Ransom, Avera, Cox, Randall, Willis, McKessick, McKenzie, Bonds, Bell, McDonald, Z. Wood, Crawford, Everagin, Toms, Dodd, Hutchings, Scott, Spruill, Holmes, McKinne, Cabarrus, Sitgreaves, Lanier, Yancey, P. Hawkins, Jos. Stewart, Isler,

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Hinton, Pearson, Humphries (of Currituck), Pugh, Maclaine, R. Blount, W. Hawkins, Williams, Eason, Brown, Hooper, Grant, Bethell, Bloodworth—62.

It was then moved that the blank should be filled up with the words, “Twenty Pounds,” which was also objected to, and a larger sum proposed. The question being put, was carried in the affirmative, whereupon the yeas and nays were required by Mr. J. G. Blount, which are as follows:

Yeas: Messrs. Spaight, P. Robeson, Polk, J. Robeson, Dickens, Sawyer, Hall, Richardson, Dickson, Ransom, McKessick, Hill, Bell, Withrow, Z. Wood, Holland, Montfort, Hutchings, Scott, Holmes, Davie, Phifer, Jos. Stewart, W. Hawkins, Franklin, Frohock, Carson, Pearson, Humphries (of Currituck), Sloan, McDowell, Vance, Gardner, White, Jas. Stewart, Brown, Clinch, Bethell, Perkins, Brickell—40.

Nays: Messrs. Hay, J. G. Blount, W. Wood, Copeland, Creecy, Winslow, Fulford, Rhodes, Whitfield, Phillips, Avera, Cox, Randall, Willis, McKenzie, Bonds, McDonald, Crawford, Everagin, Toms, Spruill, McKinne, Cabarrus, Sitgreaves, Lanier, Alexander, Yancey, P. Hawkins, Hinton, Pugh, Maclaine, R. Blount, Williams, Eason, Hooper, Grant, Bloodworth, West—38.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

The Senate have on their part appointed Messrs. Gillespie and Hargett to examine the State prisoners in the stead of Generals Rutherford and Gregory.

Mr. Speaker and Gentlemen:

We agree that the General Assembly ballot at the time by you proposed for a Governor of this State, Delegates to represent this State in Congress, and for the place where the next Assembly shall be held. And put in nomination for Governor the Honbl. Richard Caswell, Esquire; for Delegates, Abner Nash, Alexander Martin, Timothy Bloodworth, Nathaniel Macon, Robert Burton, William Blount and John B. Ashe, Esquires, and for the place where the next Assembly shall be held, the Towns of Hillsborough, Fayetteville, Tarborough, Warrenton, NewBern, Salisbury and Edenton. It is not the wish of this House to ballot for a public Treasurer at the time by you proposed.

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Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We have added to the nomination for Delegates by you made James White, William Walters, Stephen Moore, John Steel, Thomas Polk and James Holland, Esquire.

Received from His Excellency the Governor the following Message:

To the Honorable the General Assembly:
Gentlemen:

This accompanies certain resolutions of the United States in Congress assembled, in favor of Colonel Stephen Moore, with a statement of his Account with the United States as entered in the Register's office and the Register's certificate.

Permit me to recommend as speedy a determination on this business as the nature of the case will admit of.

RD. CASWELL.

At the same time received the Acco'ts of Stephen Moore, Esquire, above referred to, which were referred to a joint Committee. The Members appointed on the part of this House are Messrs. Spaight, Hooper, Blount and Sitgreaves.

Received from the Senate the Memorial of William Wood. Endorsed in Senate “read and referred as by the Commons.”

Received from the Senate a bill for the better and more punctual payment of the Salaries of the Delegates in Congress. Endorsed in Senate “read the first time and passed,” and a bill to compel certain officers therein mentioned, to publish the application of the public monies and allowances for insolvencies. Endorsed “read the second time and passed.”

The House Adjourned 'til Monday Morning 10 O'clock.


Wednesday 13 December, 1786.

The House met according to adjournment.

Received from the Senate the following Bills, vizt.:

A bill for reprinting and republishing the Acts of Assembly of this State.

An additional bill to an Act entitled “an Act for the regulation of the Town of NewBern,” and for other purposes.

A bill to emancipate Hannah, Alias Hannah Bowers, a person of

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mixed Blood belonging to the estate of Alexander Gaston, Deceased. Endorsed in Senate “read the first time and passed.”

Received from the Senate the report of the Committee appointed to examine the prisoners, &c., and the resolutions of the joint Committee in Conference relative thereto, concurred with.

The Bill to establish a Public Inspection of Tobacco in the Town of Salisbury, in Rowan County, was read the second time, amended, passed and sent to the Senate.

The bill for the Inspection of Tobacco at Anson Court House was read the second time, amended, passed and sent to the Senate.

Mr. J. G. Blount moved for leave and presented a Bill for amending an Act entitled “an Act for emitting One Hundred Thousand Pounds for the purposes therein mentioned, and for appropriating the Tobacco lately purchased by the Commissioners to discharge the Interest of this State's Quota of the foreign Debt and for making effectual provision for the future discharge of this State's Quota of the principal and Interest of the Foreign Debt,” which was read the first time, passed and sent to the Senate.

Mr. P. Hawkins moved for leave and presented a Bill for extending the Boundary Line between this State and the State of South Carolina, which was read the first time, passed and sent to the Senate.

The order of the day for reading for the second reading the bill for raising Troops for the protection of the Inhabitants of Davidson County, being called for, on motion of Mr. Polk the second reading thereof was postponed until Saturday next.

Received from the Senate the bill to erect and establish an Academy in the County of Franklin, and a Bill for erecting a prison in the County of Franklin.

A bill for levying a tax in the district of Edenton for building the Jail of the said district. Endorsed in Senate “read the second time and passed.”

Received from the Senate the Message from His Excellency the Governor, with the resolutions of Congress and the Acc'ts of Stephen Moore, &c. Endorsed in Senate “read and referred to Messrs. John Armstrong, Macon and Mitchell.”

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

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Received from the Senate the resignation of Thomas Bloodworth, as Colonel and Justice of the Peace, &c., concurred with.

Received also, the Resolve of this House directing the examiners to enquire whether blank Land Warrants were ever issued from the Secretary's Office, &c., concurred with.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We propose that the resolution of the General Assembly of the 11th instant herewith sent you be amended by deleing the word “by” in the sixteenth line of the first page thereof, and inserting the words “belonging to,” in the place thereof. Our wishes on this head have been occasioned by a representation that several Houses are now in this Town the property of those mentioned in the said Resolve, which the Sheriff as the Resolve now stands, is not authorized to seize.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We agree to the alteration by you proposed to be made in the Resolve of the 11th Instant.

Mr. Sitgreaves presented the Petition of Henry Peers, which, being read, was referred to the Committee of Claims.

Received from the Senate the Memorial of Sarah Rounsavall. Endorsed “read and referred to a Special Committee. The Members chosen are Mr. Macon and Mr. Harris,” which, being read, was referred to Messrs. Frohock, Alexander and Carson on the part of this House.

Received from the Senate a Resolve of that House requesting His Excellency the Governor, to issue a Proclamation offering a reward for taking and bringing to justice John Price, of Dobbs County, &c., which, being read, was concurred with.

Received from the Senate the report of the Committee on the Petition of Matthew McClure. Endorsed in Senate “read and concurred with,” which, being read, was recommitted by this House.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We have received and considered the report of the Committee on the Petition of Matthew McClure, which we have not concurred

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with, but propose that it be recommitted; and as Mr. McClure's is a Claim against the United States which ought to be settled by a Commissioner appointed by Congress, we propose further that the Committee report a sum of money to be advanced him on loan, which he shall account for and pay after he shall make such settlement.

Received from the Senate the Petition of William Wafford. Endorsed in Senate “read and referred to Messrs. Hill, Riddick, Martin and Hines,” which, being read, was referred on the part of this House to Messrs. McDowell, Vance, Perkins, McKissick and Sloan.

The resignation of Needham Bryan as Justice of the Peace for Johnston County, was read and accepted by this House.

Received from the Senate the Petition of John Randle. Endorsed in Senate “read and referred to the Committee of Propositions and Grievances,” which, being read, was referred as by the Senate.

Mr. Polk presented the Petition of William T. Lewis, which, being read, was referred to the Committee on Petitions and Memorials.

Mr. West who had leave to withdraw for amendment the Bill to extend three Acts passed at the last General Assembly held at New Bern concerning the County Wardens of the Poor, Tobacco Inspection and for destroying Vermin in certain Counties therein mentioned, to the County of Chatham, delivered in the said bill, which was read with the amendments, passed the first reading in this House and was sent to the Senate.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We have received and rejected the Report of the Committee of Propositions and Grievances on the Petition of the Reverend James Tate, and propose the Resolution herewith sent you in lieu thereof.

At the same time received the Resolve above referred to, which, being read, was agreed to in the words following, vizt.:

Whereas, it appears to this General Assembly that a Certificate granted by the Commissioners of Army Accounts to the Revd. James Tate for the Sum of Three Hundred and fifty-eight pounds for his services as Chaplain in the late Continental Army, and which remained the property of Mr. Tate was consumed by the late fire in Wilmington and is now wholly lost, therefore

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Resolved, That the Treasurer pay unto the Revd. James Tate the sum of Eighty-nine pounds ten shillings, being the one fourth part of the Certificate lost, and that the Comptroller issue to Mr. Tate a Certificate for the other three fourths of the Claim aforesaid, for which this shall be their warrant.

On the question to agree to this Resolve the yeas and nays were required by Mr. Bonds, which are as follows, vizt.:

Yeas: Messrs. Spaight, Hay, J. G. Blount, W. Wood, Creecy, Whitfield, Rhodes, Sawyer, Richardson, Dickson, Avera, Randal, Willis, McKissick, McKenzie, Bell, Withrow, Everagin, Dodd, Scott, Holmes, McKinnie, Sitgreaves, Phifer, Carson, Isler, Hinton, Sloan, Pugh, R. Blount, Jas. Stewart, Grant, Lewis, Clinch, Bloodworth.—35.

Nays: Messrs. Neal, Fulford, Phillips, Dickens, Dauge, Ransom, Bonds, Palmer, McDonald, Toms, J. Taylor, Lanier, Yancey, P. Hawkins, Reading, J. Stewart, W. Hawkins, Franklin, Pearson, Humphries, (C.) Humphries, (W.) McDowell, Vance, Gardner, Williams, Eason, Brown, Long, West, Brickell.—29.

The Bill permitting the emancipation of Slaves under Certain regulations therein mentioned, was read the first time and rejected.

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

Yeas: Messrs. Hay, W. Wood, Winslow, Rhodes, Sawyer, Richardson, McKenzie, Z. Wood, Holmes, McKinne, Sitgreaves, Phifer, Alexander, Gardner, Grant, Bloodworth, Perkins.—17.

Nays: Messrs. Spaight, P. Robeson, Neal, J. Bloodworth, Ferebee, Creecy, Fulford, Whitfield, Polk, Phillips, Dickens, Hall, Dickson, Bryan, Ransom, Avera, Cox, Randal, McKissick, Bonds, Hamilton, Bell, Withrow, McDonald, Toms, Dodd, Hutchings, Scott, Spruill, J. Taylor, Lanier, Yancey, W. Hawkins, Franklin, Carson, Isler, Hinton, Pearson, Humphries, (C.) Sloan, Pugh, Humphries, (W.) McDowell, Vance, R. Blount, Williams, White, James, Stewart, Eason, Lewis, Clinch, Long.—55.

The Bill to vest certain Salt Springs and Licks in the Trustees of Davidson Academy and their successors for the use of the said Academy, was read the second time, passed and sent to the Senate.

Mr. Winslow moved for leave and presented a Bill to erect a District Court of Law and Equity at Fayetteville, which was read the first time, passed and sent to the Senate.

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Ordered that the bill to compel certain officers therein mentioned to publish the application of the public monies and allowances for insolvents be read the third time in this House to-morrow.

The House resumed the Consideration of the report of the Committee on the claim of Reuben Searcy. Ordered that it be recommitted.

Mr. Hay moved for leave and presented a Bill to render amenable to law and to secure their Estates so as to be answerable to the Justice of the General Assembly persons therein mentioned, accused of certain crimes and fraudulent practices, and to indemnify such persons as have acted in pursuance of certain resolutions of this Assembly from vexatious suits and prosecutions and to establish a Board for the detection and further discovery of the said fraudulent practices and for settling and liquidating the Accounts of the Officers and Soldiers of the Continental Line, which was read the first time, passed and sent to the Senate.

The Bill for establishing an academy at the place now called Martinsborough, in the County of Pitt, and for altering the name of Martinsborough to that of Greensville, was read the second time, amended, passed and sent to the Senate.

It having been represented to this House that the Sheriff of Dobbs, has seized as the property of Benjamin Shepperd a Horse, which is the bona fide property of a certain Captain Martin of the State of Maryland, it is the sense of this House that the Sheriff should enquire into the premises and if the said Horse to him on enquiry appears the property of the said Martin that he be accordingly restored.

Resolved, That the following persons who were employed under Major Richard McKinne and Captain David Dodd in apprehending certain persons in Dobbs County who had been guilty of embezzling the public Money, be allowed for the said service as follows, vizt.:

John Crumpler, Three pounds four shillings.
Joseph Scott, Three pounds four shillings.
Thomas Clinton, Three pounds four shillings.
James Thompson, Two pounds eight shillings.
Barabee McKinne, Three pounds four shillings.
John Everitt, Two pounds eight shillings.
Joseph Everitt, Three pounds four shillings.
John Beck, Three pounds four shillings.
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William Fellows, Two pounds eight shillings.
John Fellows, Two pounds eight shillings.
David Cogdell, Two pounds eight shillings.
John Sasser, Two pounds eight shillings.
William Boykin, Three pounds four shillings.

That the Treasurer pay the same for which he shall be allowed in the setlement of his public accounts.

Ordered that the Bill to establish a Board to amend Errors in Patents be read the second time in this House To-morrow.

Received from the Senate a bill for dividing the County of Bladen. Endorsed in Senate “read the second time and passed.”

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


Thursday 14 December, 1786.

The House met according to adjournment.

Received from the Senate a Bill to erect a District Court of Law and Equity at Fayetteville.

A Bill to establish the late Survey and Plan of the Town of Tarborough, &c., and a Bill for extending the boundary line between this State and the State of South Carolina. Endorsed in Senate “read the first time and passed.”

Received from the Senate the Petition of Henry Purs, and the Petition of William T. Lewis. Endorsed in Senate “read and referred as by the Commons.”

Received also, the resignation of Needham Bryan as Justice, &c. Endorsed in Senate “read and accepted.”

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We agree that the report of the Committee on the Petition of Matthew McClure be recommitted, and that the Committee be directed to report him a sum of Money on loan as by you proposed.

Mr. Hooper moved for leave and presented a Bill to prevent long and extensive Credits, which was read the first time, passed and sent to the Senate.

Resolved, That no private bill, Petition or Memorial shall be received after Monday next.

Resolved, That the Clerk of this House, every Morning, furnish the Speaker with the order of the day extracted from the Journal, in which all public bills shall stand first in order, and all County

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or private Bills in the order they are noted to be read, with respect to each other.

Resolved also, That as it will be necessary to sit after Night after Monday next, that the waiters be directed to prepare a sufficient number of Sconces and Candles for that purpose.

The Bill to compel certain officers therein mentioned, to publish the application of the public Monies and allowances for Insolvents, was read the third time, amended, passed and sent to the Senate.

Received from the Senate the Petition of James Christian. Endorsed in Senate “read and referred to the Committee on Petitions and Memorials,” and the Memorial of Thomas Harris. Endorsed in Senate “read and referred to the Committee appointed on the Petition of Sarah Rounsavall.” These Petitions being read were referred as by the Senate.

Received from the Senate a Resolve of that House requesting the Honorable Timothy Bloodworth and James White, Esquires, to attend the General Assembly Conference on Friday next, &c., which, being read, was concurred with.

Received from the Senate the resignation of George Myrick, a Justice of the Peace for New Hanover County. Endorsed in Senate “read and accepted,” which, being read, was accepted by this House.

The Bill to establish a Board to amend Errors in Patents, was read the second time, amended, passed and sent to the Senate.

The Bill to prevent the obtaining of Grants of Lands lying in the Western Parts of this State to the prejudice of the first enterers, which Lands have been entered in the office lately established for receiving Entries of Claims of such Lands by an Act for opening the Land office for the redemption of Specie and other Certificates, and for discharging the Arrears due to the Army, was read the second time, passed and sent to the Senate.

Received from the Senate the report of the Committee on the representation of Thomas Brickell impeaching certain Justices of the Peace in Franklin County, which, being read, was ordered to lie on the Table until to-morrow.

The Bill for reprinting and republishing the acts of Assembly of this State, was read the second time, amended, passed and sent to the Senate.

Ordered that the Bill to direct the method to appoint Jurors and

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Surveyors to run our disputed lands, be read the second time in this House on Monday next.

Mr. J. G. Blount moved for leave and presented a Bill to impose a duty on all Slaves brought into this State by Land or Water, which was read the first time, passed and sent to the Senate.

The Bill to amend an Act passed at New Bern in December 1777 entitled “an Act directing the Method of Electing Members of the General Assembly and other purposes,” was read the first time, passed and sent to the Senate.

The Bill for the better and more punctual payment of the Salaries of the Delegates in Congress, was read the second time, passed and sent to the Senate.

Ordered that the reading of the Bill to Amend an Act entitled “an Act to amend an Act entitled ‘an Act for ascertaining what property in this State shall be deemed Taxable property’” &c., the second time, shall be considered as the order of the day on Monday next.

Ordered that the Bill for levying a tax for the support of the Government, and for the redemption of old paper Currency, &c., be read the second time in this House on Monday next.

The Bill to repeal the thirteenth section of an Act passed at New Bern in October, in the year 1784, entitled “an Act for raising a public revenue for the Support of Government, and to repeal an Act entitled ‘an Act to suppressive excessive gaming,’” was read the second time, passed and sent to the Senate.

Received from the Senate the petition of John Beck. Endorsed “In Senate read and referred on the part of this House to Messrs. Herritage and Moring,” which being read was referred on the part of this House to Messrs. McKinne, Dodd and Whitfield.

Resolved that the examiners of the State prisoners be directed to re-examine any persons (who have been already examined) upon any interrogatories to be drawn up in writing by the Committee appointed to State and arrange the Testimony of the said prisoners that shall be presented to the examiners for that purpose.

Received from the Senate a Bill to prevent long and extensive Credits. Endorsed “in Senate, read the first time and passed.”

Received from the Senate the Resolve of this House allowing certain persons therein mentioned the several sums annexed to their

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respective names who were employed under Major McKinne and Captain David Dodd in apprehending sundry Persons in Dobbs county. Concurred with.

Received from the Senate the report of the Committee appointed to examine and report the propriety of passing a Bill for dividing Bladen county. Endorsed “in Senate, read and Concurred with, which being read, was Concurred with by this House.”

The Bill for dividing the county of Bladen, was read the second time, passed and sent to the Senate.

Received from the Senate the Resolve of this House directing the examiners to re-examine the said prisoners upon any interrogatories, &c. Concurred with.

Received from the Senate a Bill to amend an Act for dividing Guilford county. Endorsed “in Senate, read the second time, and passed.”

Received from the Senate a Bill to render amenable to law and secure their Estates so as to be answerable to the Justice of the General Assembly persons therein mentioned accused of certain crimes and fraudulent practices, &c., &c.

A Bill to consign to oblivion the misconduct of the Inhabitants of Washington and Sullivan and Greene, and

A Bill to impose a duty on all Slaves brought into this State by Land or Water. Endorsed “in Senate, read the first time and passed.”

Mr. Henry Montfort having been allowed until this day to make his defence and confute the charges exhibited against him in the report of the Committee appointed to examine the prisoners. Mr. Montfort being called upon to introduce such Testimony as he had to offer, which he accordingly did, but the House not thinking them sufficient to exhonerate him from such charges, proceeded to determine whether he should keep his seat as a Member of the House or not, when it was resolved that his seat be vacated and himself expelled from the House.

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


Friday 15th December, 1786.

The House met according to adjournment.

Mr. Winslow presented the petition of James Hogg which being read, Mr. Winslow moved for leave and presented a Bill for altering

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the names of Walter Hogg and Gavin Hogg to Walter Alves and Gavin Alves, which was read the first time, passed and sent to the Senate.

Mr. J. Taylor moved for leave, and presented a Bill for the better regulation of the town of Hillsborough, which was read the first time, passed and sent to the Senate.

Ordered that a writ of Election issue to the country of Warren for the Election of one Member of this House in the room and stead of Mr. Henry Montfort whose seat is vacated, that the said election be held on the 29th and 30th inst.

Mr. McKinne moved for leave and presented a Bill for the Inspection of Tobacco at Joseph Green's in Wayne county, which was read the first time, passed and sent to the Senate.

Mr. Dickens moved for leave and presented a Bill to amend an Act entitled “an Act to empower the County Courts of Pleas and quarter Sessions in the several counties in this State, to order the laying out of public Roads, and to establish and and settle ferries, and to appoint where bridges shall be built, and to clear inland rivers and creeks,” which was read the first time, passed and sent to the Senate.

Mr. McDowell presented the Memorial of John B. Ashe and Jas. Gray, Executors, &c., which, being read, was referred to Messrs. McDowell and Blount.

Mr. McDowell moved for leave and presented a Bill to Authorize and impower the County Commissioners in the several counties in this State to Collect the Arrears of Specific Taxes for the years 1780, 1781 and 1782, which was read the first time, passed and sent to the Senate.

Mr. Hamilton presented the petition of Jeremiah Field and Robt. Field, which being read, Mr. Hamilton moved for leave, and presented a Bill to invest the title of a certain Tract of land therein mentioned in Jeremiah and Robert Field, sons of Wm. Field, which was read the first time, passed and sent to the Senate.

Received from the Senate the petition of Benjamin Exum. Endorsed “in Senate, read and referred to the Committee on Memorials and Petitions, which being read, was referred as by the Senate.

Ordered that the Bill for extending the boundary line between this State and the State of South Carolina, be read the second time in this House on Tuesday next.

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The petition of John Beard was read and referred to the Committee on Memorials and Petitions.

Received from the Senate the report of the Committee on the Petitions of the Inhabitants of Washington, Sullivan and Greene. Endorsed “in Senate read and concurred with,” which being read, was concurred with by this House.

Mr. James Martin, from the Committee to whom was referred the Memorial of Robert Fenner, Esquire, agent to the late Continental line of this State, delivered in the following Report, vizt.:

Your Committee to whom was referred the Memorial of Robert Fenner, Esquire, agent to the late Continental line of this State, Report,

That after examining the several papers laid before them together with the resolutions of Congress on that Subject they are of opinion as Mr. Fenner was legally appointed by the officers of the late Continental line of this State to make a final settlement with the United States for all pay and arrears of pay due to the officers and soldiers of the line aforesaid, that he was perfectly Justifiable in refusing to deliver the Certificates lodged in his hands in virtue of his said office as directed by a resolve of the last General Assembly, and that the Legislature had no control over the business in the situation it was at that time.

JAMES MARTIN, Chmn.

The House taking this report into consideration concurred therewith.

Received from the Senate the following Messages:

Mr. Speaker and Gentlemen:

In consequence of the Petition of Memucan Hunt, Esquire, Public Treasurer, we propose, that the General Assembly meet in conference on Saturday the 23rd Instant in order to hear Mr. Hunt in his Defence as to those matters and things wherewith he stands charged by the report of the Committee appointed to examine the State Prisoners and the Depositions by them handed therewith. We also propose that the Clerks be directed in the mean time to furnish Mr. Hunt with Copies of such of the Depositions alluded to as tend to validate the charges against him in the said Report contained.

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Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We propose that the Treasurer be heard in exculpation of himself from the charges in the report of the examiners on Tuesday next, the time by you proposed being in our opinion at too great a distance. If you agree with this proposition we will concur with yours on that Subject.

Mr. Maclaine presented the Memorial of William Ingland, which, being read, was referred to Messrs. Blount, Maclaine, Winslow, Perkins and Polk on the part of this House.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We propose that the Delegates of this State now attending here be requested to reduce to writing such Communications as they have to lay before the General Assembly and that the resolve on this Subject the other day entered into, be rescinded.

Received from the Senate a Resolve of that House directing the Committee appointed to examine the Prisoners to discharge such Persons attending here as witnesses, &c., which, being read, was rejected.

Resolved, That the Committee for examining the State prisoners be, and they are hereby required and Authorized to discharge from day to day such Persons cited here as witnesses, whose testimony they shall deem not material, and such witnesses whose testimony will be necessary to convict any Person or Persons, charged with being concerned in the frauds upon the Treasury of this State, or having committed any malpractices in office, be reported to the Governor after their depositions are taken, who is hereby required and Authorized to take the recognizance of such Witnesses to attend at such time and place as they may be hereafter required by Proclamation or by Summons from any proper Authority, but should the said Committee or the Committee appointed to arrange the Testimony already taken deem it necessary to impeach any person or persons the Witnesses to support such impeachment may be detained.

The House resumed the consideration of the Resolutions of the Senate on the report of the Committee and the Impeachment made by Mr. Brickell against certain Justices of the Peace in Franklin County and concurred therewith.

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

To the Honorable, the General Assembly:
Gentlemen:

By the Deposition of Robert White, Sheriff of Dobbs, herewith laid before you, you will perceive the necessity of enforcing your resolutions and bringing to a proper sense of their duty, those who Transgress or disobey them.

RD. CASWELL.

Resolved that Colo. Thomas Armstrong be directed to call on Mr. William Armstrong and demand the Horses belonging to Nathan Lassiter and Simon Totevine, and that he pay to Mr. Armstrong the amount of his Account for keeping Said Horses and other expenses of Said Lassiter and Totevine, he first proving his acc'ts of the charges contained in which, shall be agreeable to the rates fixed by the Court of the County.

And that Colo. Armstrong shall be reimbursed said sum out of the Money belonging to said Lassiter and Totevine.

The Bill to annex a part of the County of Granville to Warren, was read the second time, passed and sent to the Senate.

Received from the Senate a Copy of Green Hill's Account, &c. Endorsed in Senate “read and referred to Messrs. Gallaway, Hines, Brown and Bledsoe.” Ordered that the same be referred to Messrs. W. Hawkins, Dickens and Frohock on the part of this House.

Received from the Senate the following Bills, vizt.:

A Bill for a removal of the place for holding Court of Pleas and Quarter Sessions in the County of Washington, &c.

A Bill to vest the title of a piece or parcel of Land lying in Jones County in Howell Brown, &c.

A Bill to repeal an Act entitled “an Act to allow further time for saving Lotts in the several Towns,” &c.

A Bill for dividing the County of Sullivan.

A Bill to alter the names of Walter Hogg and Gavin Hogg, &c. Endorsed in Senate, “read the first time and passed.

Received also the following Bills, Vizt.:

A Bill to amend an Act passed at NewBern in Dec., 1777, entitled “an Act directing the method of Electing Members of the General Assembly,” &c.

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A Bill vesting the power of establishing towns in this State in the County Courts.

A Bill empowering Commissioners to dispose of the Lands and Glebe of St. John's Parrish, &c.

A Bill for the Inspection of Tobacco at Anson Court House.

A Bill for establishing an Academy at the place now called Martinsborough, &c. Endorsed in Senate “read the second time and passed.”

Received from the Senate a Resolve of the House empowering His Excellency the Governor, to draw a Warrant on the Treasury in favor of some person who shall be authorized to pay the Witnesses Summoned to appear against the Prisoners, &c., at a certain Sum therein mentioned per day, which, being read, was concurred with.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We agree that the Resolution of the General Assembly of the 13th Inst., requesting the Honbl. Timothy Bloodworth and James White, Esquires, two of the Delegates from this State in Congress to attend the two Houses this day in the Conference Room be rescinded and that those Gentlemen be requested to lay before this Assembly in writing, such matters as they may have to communicate.

Mr. Hamilton who had leave to withdraw for amendment the Bill to empower the County Court of Sampson to levy a further Tax, &c., brought in and presented a bill to impower the several County Courts therein mentioned to lay a Tax annually for the purpose of erecting or repairing the Court House, Prison and Stocks in each County where necessary, and for defraying the Contingent charges of the Counties, which was read the first time, passed and sent to the Senate.

The Bill for adding part of Wake County to Franklin County, was read the second time, passed and sent to the Senate.

The Bill to alter the time of holding the County Court of Pleas and Quarter Sessions in the County of Mecklenburg, was read the second time, passed and sent to the Senate.

Mr. Sitgreaves presented the resignation of William Avera as a Justice of the Peace for Johnston County, which, being read, was accepted by this House.

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The additional Bill to an Act entitled “an Act for the regulation of the Town of NewBern and for other purposes,” was read the second time, amended, passed and sent to the Senate.

The Bill to establish the late Survey and plan of the Town of Tarborough, as made and laid down by the direction of the Commissioners composing the body Politie and Corporate of the said Town, and to amend an Act entitled “An Act for the better regulation of the Town of Tarborough,” was read the second time, amended, passed and sent to the Senate.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We have received and considered the Resolutions of your House of yesterday declaring that no Bill of a private nature and that no Petition or Memorial shall Be received into the General Assembly after Monday next, and that after that day the two Houses will continue business by Candle Light. As to the first part of your Resolve we concur with it, but as to transacting the business of the Session by Candle Light; it is a Measure which we think by no means advisable, and to which we therefore cannot agree.

The Bill for Erecting an Academy at the Town of Warrenton, in the District of Halifax, was read the second time, amended, passed and sent to the Senate.

The Bill to amend an Act for dividing Guilford county, was read the third time, passed and sent to the Senate.

The Bill for levying a Tax in the District of Edenton for building the jail of the said district, was read the Second time, passed and sent to the Senate.

The Bill for altering the manner of holding the Annual Elections for the county of Hyde, was read the Second time, passed and sent to the Senate.

Mr. Davie presented the representation of Robert Fenner, agent of the late Continental line of this State, which, being read, was referred to Messrs. J. Blount, P. Hawkins and Davie on the part of this House.

Mr. Jacob Lennard, one of the Members for Brunswick county, appeared, was qualified and took his seat.

Received from the Senate the Claim of Thomas Wright, &c. Endorsed “in Senate, read and referred to the Committee of Claims,” which, being read, was referred as by the Senate.”

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Received also the petition of Timothy Riggs. Endorsed, “in Senate, read and referred to Mr. Macon, Genl. Rutherford and Genl. McDowell,” which, being read, was referred to Messrs. Phifer, Bloodworth, Polk and Lewis on the part of this House.

The Bill for improving the Navigation to New Bern, was read the second time, amended, passed and sent to the Senate.

Mr. W. Hawkins presented the petition of James Ransom and Young Maclemore, which, being read, was referred to the Committee on Petitions and Memorials.

The Bill for the promotion of learning in the county of Chatham was read the first time, passed and sent to the Senate.

The Bill to alter and amend an Act passed at Hillsborough in May 1783, entitled “an Act for repairing the Court House and prison in the town of Salisbury for the district of Salisbury,” and also one other act passed at New Bern in 1784, entitled “an Act for levying a Tax in the counties in Hillsborough and Salisbury districts, for repairing the District buildings in the Towns of Hillsborough and Salisbury, and directing the Method of calling to account all Commissioners of Public buildings heretofore or hereafter to be appointed, also to alter and amend the Several Laws now in force for erecting and repairing the Public buildings in the District of Hillsborough,” was read the second time, passed and sent to the Senate.

Received from the Senate a Resolve of that House directing the Secretary to issue a Land Warrant to the heirs of William Watts, deceased, which, being read, was concurred with.

Resolved, that the following persons be allowed for their services in attending on and assisting the Sheriff of Dobbs county to apprehend certain State prisoners, the sums following to wit:

John Tuttle, one pound Twelve shillings.
James Wilson, One pound four shillings.
Lazarus Pierce, One pound Twelve shillings.
Neale Hopkins, One pound four shillings.
William Mann, One pound four shillings.
Benajah White, three pounds twelve shillings,
Henry Lennard, Sixteen shillings.
George Linton, Sixteen shillings.
James Whitfield, two pounds.
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Robert White, Eight pounds.

And that the treasurer pay them the same and be allowed in the settlement of his public accounts.

Received from the Senate the report of the Committee on Petitions and Memorials on the petition of Kirkpatrick. Endorsed, “read, and concurred with,” which being read, was concurred with by this House.

Received also the report of the same Committee on the Memorial of William Armstrong. Endorsed “in Senate, read and Concurred with,” which being read, was concurred with by this House, and returned.

Mr. Wyatt Hawkins from the Committee of Propositions and Grievances, delivered in the following report to wit.

Your Committee of Propositions and Grievances to whom was referred the petition of George Lewis and William Price, report that from the representation of George Lewis and the several affidavits and other papers laid before them in support of the facts set forth in the said petition, it appears to your Committee that Capt. Thomas Price, father to William, one of the petitioners, was regularly licensed to trade with the Cherokee Indians, and that during the time of his trading with them he credited them for goods to a very large amount. It also appears that George Lewis was in Copartnership with said Price while trading with said Indians, and that they from necessity were obliged to accept of a Deed from the Indian Chiefs for a considerable Quantity of Lands as a restitution for the monies due them from said Indians, as they had no other means of satisfaction for the debts due. It also further appears that the Land in that part of the country has since the late War, been indiscriminately allowed by the State to be entered by the Citizens thereof. That previous to the opening of the Land office, Captain Price was killed in defence of his Country, and left behind him an helpless widow and orphans, that George Lewis was at the same time blind of both his eyes in which situation he now is, and being far distant from the office at which Lands in that part of the Country were to be entered, and having as they thought a right to said Lands as Capt. Price in his life time and the said George Lewis had made considerable improvements thereupon did not avail themselves of the opportunity of entering the said Lands until some time ago, when on attempting to enter them they found it was previously

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done by a certain William Sharpe so long before that the said Lewis and William Price was by law excluded from a right of Caveating.

Your Committee under these considerations and from the distressed situation of said petitioners, are of opinion that they are objects worthy the benevolence of the Legislature, therefore recommend that a Portion of Lands in that part of the Country equal to the sum of money specified in the Deed given by the Indians to Capt. Price be laid off to the said George Lewis and the widow and orphans of the said Thomas Price.

All which is submitted.

W. HAWKINS, Chmn.

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

Whereupon the following resolution was entered into in pursuance of a report of the Committee appointed to consider of the petition of George Lewis and William Price this day delivered and concurred with by this House.

Resolved, That the said George Lewis be allowed the Quantity of four Thousand acres of unappropriated Land lying in this State on the west side of Cumberland Mountains, and that the male orphans of the said Thomas Price in the said report mentioned, be also allowed the same quantity of Lands situated on the west side of the said Cumberland Mountains, and that John Armstrong, Esquire, Sole Entry Taker, be directed to issue warrants for the same.

Resolved, That the application made for the sense of this House by the Treasurer respecting certain Warrants issued by His Excellency the Governor, to Nicholas Long for services as Commissioner of Confiscated property for the District of Halifax, be considered and decided on upon Wednesday next. And that the Commissioners of Confiscation be informed that this Matter will be agitated on that day, and that in it will be involved the fate of their Warrants for similar services.

Mr. Wyatt Hawkins from the Committee to whom was recommitted the report on the Claim of Reuben Searcy delivered in a Report, which, being read, was ordered to lie over until the next Assembly.

Resolved, That William White be appointed a Clerk to Engross

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Bills and attend Committees in addition to those already appointed. And that Joshua Winslow shall be allowed for such Bills as he may Draw.

Received from the Senate a Bill for cutting a Navigable Canal from the waters of Pasquotank River in this State to the waters of Elizabeth River in the State of Virginia. Endorsed in Senate, “read the first time and passed.”

Received from the Senate the Resolve of this House directing the Committee appointed to examine the State prisoners to discharge such Witnesses whose Testimony may not appear Material, &c. Concurred with.

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


Saturday, 16th December, 1786.

The House met according to adjournment.

Mr. Speight presented the Memorial of James Armstrong, Nicholas Long, Hardy Murfree, G. J. McRee and Charles Bruce, Commissioners of Confiscation, which, being read, was ordered to lie on the table until Monday morning next.

Mr. Wyatt Hawkins from the Committee to whom was referred the Petition of John Ramsey delivered in the following report, vizt.:

Your Committee to whom was referred the Petition of John Ramsey, Report—

That from the relation of Colo. Nicholas Long, Quarter Master General of this State it appears to your Committee that the Horse mentioned in the petition was purchased by Matthew Ramsey, a deputy under him, for the use of the public for the sum of four hundred pounds, and that the said Matthew gave to the person from whom he purchased the said Horse an order on him, the said Nicholas, for the amount of said purchase Money which order he, the said Nicholas, did not discharge as no Public Monies was at that time remaining in his hands for that purpose.

It does not appear to your Committee that the said Horse was put into the service of the public as set forth by the petitioner, nor does it appear that Colo. Long has not been allowed for said Horse in his settlement with the Public. They are therefore of opinion the Petition should be rejected.

All which is submitted.

WYATT HAWKINS, Chmn.
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The House, taking this report into consideration, concurred therewith.

Received from the Senate the resignation of William Avera, as Justice of the Peace, &c. Endorsed in Senate, “Accepted.”

Received also, a petition of a number of the Inhabitants of Randolph County, and the Memorial of the Executors of General Davidson. Endorsed in Senate “read and referred to the Committee on Petitions and Memorials,” which, being read, were referred as by the Senate.

Received also, the Memorial of John B. Ashe and James Gray. Endorsed in Senate “read and referred to Mr. Bledsoe and Mr. Martin.”

Received from the Senate the Petition of John Beard. Endorsed in Senate, “read and referred as by the House of Commons.”

Mr. Dickens, from the Committee of Claims, delivered in the following report, vizt.:

Your Committee of Claims to whom was referred the Memorial of William Wood, are of opinion that the Law has already made provision for the Claims he set up against the State, therefore reject it.

All which is submitted.

ROBERT DICKENS, Chmn.

The House taking this report into consideration concurred therewith.

Received from the Senate the report of the Committee on the Petition of Benjamin Exum. Endorsed in Senate, “read and concurred with,” which, being read, was concurred with by this House.

Received from the Senate the report of the Committee on the Memorial of John Justice.

The report of the Committee on the Memorial of Sarah Rounsavall. Endorsed in Senate, “read and concurred with,” which, being read, was concurred with by this House.

Received from the Senate a Resolve of that House for releasing from Confinement John Kimbrough, &c., which, being read, was rejected.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

With this you will receive a Resolve of this House empowering

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Colo. Thomas Armstrong to take into his possession sundry Horses and other property belonging to Nathan Lassiter and Simon Totevine, which we wish to substitute in the place of the one by your body entered into on that head.

At the same time received the Resolve above referred to, which, being read, was concurred with by this House.

Mr. Winslow presented the Petition of Daniel Buie, which, being read, was referred to the Committee on Petitions and Memorials.

Received from the Senate the Petition of part of the three Creeks in Burke County. Endorsed in Senate, “referred to Messrs. Griffin, Brown, Genl. Gregory and Genl. McDowell,” which, being read, was referred to Messrs. McDowell, Sloan, Franklin, Bloodworth and Phillips.

Received also, the Certificate of Samuel Cross. Endorsed in Senate, “read and referred to Messrs. Macon, McCawley, Genl. McDowell and Mr. Hill,” which, being read, was referred to Messrs. McDowell, Franklin, Phifer, McKissick, Pearson, Jas. Stewart, on the part of this House.

And received also, the Memorial of William Ingland. Endorsed in Senate, “read and referred to Messrs. Moring, Wynne and Genl. Ramsey.

Mr. Winslow presented the Petition of Gilbert Clarke, John Smith, Archd, McNeil, Hugh Ray and John McLain, which, being read, was referred to the Committee on Memorials and Petitions.

Received from the Senate the following Messages.

Mr. Speaker and Gentlemen:

We add to the nomination for Delegates to represent this State in Congress, Benjamin Hawkins, Esquire.

Mr. Speaker and Gentlemen:

Thro' the hurry of business a Message was yesterday sent you (in consequence of your resolution of the 14th Inst., declaring that no private Bill, Memorial, or Petition should be received after Monday next) not expressive of the sense of this House; you will therefore consider it as having been the Intention of the Senate by that Message to inform you that they consented to continue the daily business of the Session by Candle Light, but could not agree with you in declining to receive Bills, Petitions, &c., after Monday next.

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Received from the Senate the Bill for dividing the County of Bladen. Endorsed in Senate, “read the third time, amended and passed.”

Mr. Cabarrus from the Committee appointed to examine the State Prisoners, delivered in the following Report, viz.:

Your Committee appointed to examine the State Prisoners, and take the deposition of Witnesses against them, Report,

That it appears by the deposition of Hardy Robertson that Thomas Butcher and John Shepperd had drawn the Sum of one hundred & eighty-six pounds twelve shillings & six pence in his name, that although he had never served in the Army he thought proper to call on them for the Money drawn in his name, that Shepperd acknowledged the fact and promised to settle with him, which with other circumstances will appear by the deposition marked:

The Depositions of John Brown, Mann Phillips and William Johnston marked No. 3, 5 and 6, add to the charges against John Shepperd, William Faircloth and others, and by which it appears that the said Philips had been generally employed in making out accounts and orders.

The Depositions marked 1, 4, 7, 8, 10, contain additional charges against Price, Faircloth and others already committed.

It appears to your Committee upon examining Col. Mitchell, Mr. Williams and Mann Phillips that the report with respect to blank warrants issued from Mr. Glasgow's office was illy founded and refer the House to the Depositions marked 9, 11, 3.

It appears to your Committee on Examination of General James Armstrong, that John Bond, Esquire, a Member of this House had illegally drawn the due Bill and Certificates of a certain James Crimor, a twelve months Soldier out of the office of the Commissioners of Army Accounts, that he denied the above facts to Genl. Armstrong at New Bern Assembly, 1785, and afterwards confessed it by a letter to one David Perkins, a conduct apparently on a line with the other frauds Committed on Individuals, and which your Committee think highly reprehensible. For the several circumstances your Committee refer to the deposition No. 12, and the letter annexed.

S. CABARRUS,
F. HARGETT,
J. MARTIN,
JAS. GILLISPIE.
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The House taking the report into Consideration, Concurred therewith.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We propose that the General Assembly ballot this Evening at the time already appointed for a Governor of this State and the place where the next Assembly shall be held but that the Election of Delegates to represent this State in Congress be deferred to a future day.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have received and considered the Message of yours proposing to postpone balloting for Delegates to represent this State in Congress with which we do not concur.

Received from the Senate the Petition of William Jones. Endorsed In Senate, “read & referrred to Mr. Lewis & Mr. Moore,” which being read was referred to Mr. Yancey & Mr. Hawkins on the part of this House.

Received also two Memorials of George Laine Moore. Endorsed In Senate, “read & referred to the Committee on the Petition of William Jones,” which, being read, were referred as by the Senate.

Received from the Senate the Report of the Committee to whom was recommitted the report of the Committee in favor of Matthew McClure. Endorsed In Senate, “read and concurred with,” which, being read was concurred with by this House.

The Bill for raising Troops for the protection of the Inhabitants of Davidson County was read the Second time, amended, passed and sent to the Senate.

Mr. Hay presented the Bill to amend and alter the Court System. Ordered that this Bill be read for the first reading on Monday next.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose that Mr. Polk and Mr. Neal be added to the Committee to examine the prisoners. We have also appointed them to superintend the balloting for the officers to be elected this Evening.

Received from the Senate the Bill for establishing a Militia in this State. Endorsed, “read the first time and passed.”

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Ordered that Mr. John Bond have time until Wednesday the 27th Instant to shew cause, if any he can, why his seat in this House should not be vacated in Consequence of the Criminal Matters imputed to him in the report of the examiners of this day.

Resolved, That the General Assembly entertain the highest sense of the upright, spirited and vigorous exertions of His Excellency Governor Caswell who in obedience to the sense of the General Assembly expressed in divers resolutions passed at the Conference of this House on the 24th day of November, hath apprehended and secured and taken very effectual measures to bring to condign punishment divers persons charged with divers mal-practices against the credit and true dignity of this State, and also for his diligence in Summoning divers persons who may be possessed of such information as may tend to investigate the frauds charged to have been committed against the public, and that this Resolve be communicated to His Excellency the Governor by two Members from the Senate and as many from the Commons who shall attend His Excellency with a Copy of this Resolve in person.

The House adjourned 'til 3 O'clock.

Met according to adjournment.

Mr. Polk, from the joint ballotting for a Governor, Delegates to represent this State in Congress, and the place at which the next Assembly shall be held, Reported

That the Honbl. Richard Caswell, Esquire, was Elected Governor, Messrs. James White, Alexander Martin, John B. Ashe, Timothy Bloodworth, Benjamin Hawkins and Thomas Polk, Esquires, were Elected Delegates. That no place in nomination for holding the next Assembly had a majority of Votes.

The House taking the Report into Consideration Concurred therewith.

Adjourned 'til Monday Morning 10 O'clock.


Monday, 18th December, 1786.

The House met according to adjournment.

Resolved, That His Excellency the Governor be requested to direct the Honbl. Robert Burton and Nathaniel Macon, Esquires, to proceed on immediately to New York, to take their seats in Congress.

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Ordered that Mr. Bond have leave to absent himself from the Service of this House until Wednesday 27th Inst.

Mr. Rhodes moved for leave and presented a Bill to establish a Town on the East side of the North East of Cape Fear River in Duplin County.

Ordered that this Bill be read for the first reading To-morrow.

Mr. Grant moved for Leave and presented a Bill to add part of Carteret County to the County of Onslow.

Ordered that this Bill be read the first time on Wednesday next.

Received from the Senate a Bill for the better regulation of the Town of Hillsborough. Endorsed In Senate, “read the first time and passed.”

Received also a Bill for adding part of Wake County to Franklin County, and

A Bill to annex a part of the County of Granville to Warren Endorsed In Senate, “read the Second time & passed.

Received from the Senate the Petition of Daniel Buie, and the Petition of James Ransom and Young Maclemore. Endorsed In Senate, “read and referred as by the House of Commons.

The Bill for establishing a Militia in this State, was read the first time, passed and sent to the Senate.

Received from the Senate the Memorial of Joseph Cain. Endorsed In Senate, “read and referred to the Committee appointed on the Copy of the accounts of Green Hill, Esqr.,” which being read was referred as by the Senate.

Received also the Resolve of this House allowing certain persons therein mentioned who served under the command of the Sheriff of Dobbs County in apprehending certain prisoners the several Sums therein mentioned, &c., and the report of the Committee on the Memorial of Wm. Wood Concurred with.

Ordered that Mr. Needham Bryan, Mr. Avera and Mr. Withrow, have leave to absent themselves from the service of this House.

Received from the Senate the representation of Maj. Robert Fenner. Endorsed In Senate, “read and referred to Mr. Stokes & Mr. Lewis.”

Received from the Senate the following Messages:

Mr. Speaker & Gentlemen:

The Senate have received and concurred with the resolutions of

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your Body of this day expressive of the high sense the General Assembly entertain of the exertions made by His Excellency the Governor, for effectually carrying into execution the resolutions of the Legislature of the 24th Ulto. relative to sundry persons accused of passing fraudulent accounts, &c., and have appointed Mr. Brown and Mr. Wynns on their part to attend and present him therewith.

Mr. Speaker & Gentlemen:

The Senate approve of the addition by you made to the Committee appointed to examine the State prisoners.

The Bill to amend and alter the Court System, was read the first time, passed and sent to the Senate.

Ordered that Mr. Montford and Mr. Craven be directed to attend the Sub Committee of Finance No. 4, at 4 O'Clock this Evening.

Ordered that the Committee appointed to examine the prisoners &c., and the Sub Committee of Finance No. 4, be directed to make report To-morrow.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose that the Committee appointed to examine the prisoners, &c., and the Sub Committee No. 4, be directed to make report To-morrow.

The Bill to impose a duty on all Slaves brought into this State by Land or Water, was read the Second time, amended, passed and sent to the Senate.

Received from the Senate a Bill to repeal part of an Act passed at New Bern the 29th of December, 1785, entitled “an Act for destroying wolves, &c.” Endorsed in Senate, “read the first time & passed.”

Received also a Bill to extend two Acts passed at the last General Assembly, concerning the County Wardens of the Poor & Tobacco Inspection to the counties therein mentioned. Endorsed in Senate, “read the Second time & passed.”

The Bill to direct the method to appoint Jurors and Surveyors to run out disputed Lands, was read the Second time, amended, passed and sent to the Senate.

The Bill to prevent long and extensive Credits, was read the Second time, amended, passed and sent to the Senate.

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The Bill to erect and establish an Academy in the county of Franklin, was read the Second time, passed and sent to the Senate.

The Bill to annex a part of the County of Granville to Warren, was read the third time, amended, passed & sent to the Senate.

The Bill for adding part of Wake county to Franklin county, was read the third time, passed and sent to the Senate.

The Bill for erecting Bogue, Barr, and New River Inlets into a distinct Port by the name of Swansborough, was read the Second time, amended, passed and sent to the Senate.

The Bill for establishing an Academy at the place heretofore called Martinborough, in the county of Pitt, and for altering the name of Martinborough to that of Greensville, was read the third time, amended, passed and sent to the Senate.

The Bill to establish a Public Inspection of Tobacco in the town of Salisbury in Rowan county, was read the third time, passed and sent to the Senate.

The Bill for dividing the county of Bladen, was read the third time, passed and ordered to be engrossed.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose that two Delegates to represent this State in Congress for the remainder of the present year, the one to supply the place of the Hon. Abner Nash, Esquire, lately deceased, the other in the stead of the Hon. Charles Johnston, Esqr., be ballotted for at 4 O'Clock this Evening, also at the same time that we ballot for the place of holding the next General Assembly, and for a Council of State. We nominate Benjamin Hawkins, Stephen Moore, William Walters, Alexander Martin, & John Steele, Esquires, for Delegates. And Thomas Barker, Joseph Green, John Hawks, Spyers Singleton, Thomas Rutledge, Doct. William McClure, Robert Bignall, James Gillespie, Frederick Harget, Joseph McDowell, Doct. Miles King, Doct. Isaac Guion, James Sampson, Doct. Boyd, Joseph Leech, John Wright Stanley, John Nelson, Genl. Rutherford, Esquires, for Councillors of State, and have appointed Col. Polk, and Mr. Neal to Superintend the ballotting on the part of this House.

Mr. Maclaine moved for leave, and presented a Bill directing the mode of proceeding upon Impeachments, which was read the first time, passed & sent to the Senate.

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Mr. Spaight moved for leave, and presented a Bill for raising Money by a Lottery for the purpose of building a House for the reception of the Poor in Craven county, which was read the first time, passed and sent to the Senate.

Mr. Hay presented two petitions of John Ray, which, being read, were referred to the Committee of Claims.

Mr. Cox presented the petition of Burwell Stricklin, of Richmond county, which, being read, was referred to the Committee of Claims.

Mr. Maclaine moved for leave, and presented a Bill prescribing the method of admitting attornies to practice in the several Courts of Law & Equity in this State, and ascertaining how they shall be tried for misbehaviour, which was read the first time, passed & sent to the Senate.

Received from the Senate the account of Hugh Torrence. Endorsed in Senate, “read and referred to Messrs. Ramsey, McCawley, & Brown,” which being read was referred to Messrs. Frohock, Carson & Winslow on the part of this House

Mr. Maclaine moved for leave, and presented a Bill declaring in what manner and for what limit of time Foreigners to whom real estate may have descended or may hereafter descend, shall hold and enjoy them, which was read the first time, passed and sent to the Senate.

Mr. Maclaine moved for leave, and presented a supplementary Bill to an Act entitled “an Act concerning proving Wills, and Granting Letters of Administration, and to prevent frauds in the management of Intestate Estates,” which was read the first time, passed & sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We consent to ballot this evening as by you proposed. We think it most advisable that the persons appointed to Superintend this ballotting attend and receive the votes of the Members of each House separately, and without convening the whole in one room. Mr. Macon and Mr. Lewis will on the part of this House, Superintend the Ballotting. We nominate for the place for holding the next Assemby at the town of Warrenton, Fayetteville, Tarborough, Hillsborough and New Bern.

Received from the Senate the Resolve of this House requesting

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His Excellency, the Governor, to direct the Hon. Robert Burton and Nathaniel Macon to proceed to Congress, and the Resolve allowing George Lewis four Thousand Acres of Land, and the Male Heirs of Thomas Price the same quantity. Endorsed in Senate “Concurred with.”

The House adjourned 'til 4 O'Clock.

Met according to adjournment.

Mr. Polk, from the Joint Ballotting for two Delegates, a Council of State and the place at which the next Assembly shall be held, Reported, that Benjamin Hawkins, Esquire, was elected Delegate, Frederick Harget, Joseph Green, Joseph Leech and John Hawks, Esquires, were Elected Members of the Council of State.

That there was yet to be Elected one Delegate and three Members of the Council of State, and

That no place in nomination for holding the next Assembly at, had a Majority of Votes.

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


Tuesday, 19th December, 1786.

The House met according to adjournment

Received from the Senate the two Petitions of John Ray. The Petition of Burwell Stricklin, and the Petition of Gilbert Clark, John Smith, Arch. McNeal, Hugh Ray and John McLain. Severally endorsed in Senate, “read and referred as by the House of Commons.”

Received also, the Report of the Committee appointed to examine the prisoners, &c.

The Report on the representation of Reuben Searcy, and the report on the Petition of John Ramsey, endorsed in Senate, “read and concurred with.”

Received from the Senate the following Bills, endorsed in Senate, “read the first time and passed,” viz.:

A Bill for destroying wolves, wild cats, &c.

A Bill for amending an Act entitled “an Act for emitting one Hundred Thousand pounds for the purposes therein mentioned,” and for appropriating the Tobacco lately purchased by the Commissioners, &c.

A Bill to alter the place of holding the Superior Court of the District of Morgan.

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A Bill to vest in Trustees certain powers for the benefit of Elizabeth Torrens and her children.

A Bill to amend an Act entitled “an Act to empower the County Courts of Pleas and Quarter Sessions in the several Counties in this State to order the laying out of Public Roads, &c.

A Bill directing the mode of proceeding upon Impeachments.

A Bill prescribing the method of admitting attorneys to practice in the several Courts of Law & Equity.

A Bill to empower the several County Courts therein mentioned to lay a Tax annually for the purpose of erecting or repairing the Court House, Prison and Stocks in each County where necessary, &c.

A Bill to empower the Executors of William Hill, deceased, late Commissioner of Franklin County, to carry into effect as far as relates to the County of Franklin, an Act entitled “an Act to authorize Richmond Pearson to collect the Specific Tax which remains due from the Inhabitants of Rowan County for the year 1781,” &c.

A Bill to amend an Act entitled “an Act to empower the County Courts of Pleas and Quarter Sessions of the several Counties in this State to order the laying out of public Roads and to establish & settle Ferries,” &c.

A Bill to invest the title of a certain Tract of Land therein mentioned in Jeremiah and Robert Field, sons of William Field.

A Bill for raising Money by a Lottery for the purpose of building a House for the reception of the Poor in Craven County.

A Bill for removing the place of holding the Courts in the County of Sullivan.

A Bill for establishing the dividing line between the Counties of Burke & Rutherford.

A Bill to direct the Commissioners appointed to sell Confiscated property, to collect the debts due to confiscated Estates, and to enable certain persons therein described to obtain Titles to their Lands.

Received from the Senate the following Bills, viz.:

A Bill for altering the manner of holding the annual Elections for the County of Hyde.

An additional Bill to an Act entitled “an Act for the regulation of the Town of NewBern and for other purposes.”

A Bill for improving the Navigation to NewBern.

A Bill to alter the time of holding the County Court of Pleas and

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Quarter Sessions in the County of Mecklenburg, and a Bill for the promotion of learning in that County, severally endorsed in Senate, “read the second time and passed.”

Received also, a Bill to erect and establish an Academy in the County of Franklin. Endorsed in Senate, “read the third time & passed.

The Bill to amend an Act entitled “an Act to amend an Act entitled ‘an Act for ascertaining what property in this State shall be deemed Taxable property, the method of assessing the same and Collecting public Taxes,’” was read the Second time, amended, passed & sent to the Senate.

On reading this Bill Mr. Spaight proposed that all that part relative to classing Lands should be deled and the following would be substituted as an amendment, viz.: “That all Lands shall be Taxed by the hundred acres and so in proportion for a greater or less quantity.”

This being objected to the question was put and carried in the affirmative, whereupon, the Yeas and Nays were required by Mr. William T. Lewis, which are as follows, viz.:

Yeas: Messrs. Spaight, Neal, P. Robeson, Hay, J. G. Blount, Ferebee, Copeland, Winslow, Creecy, Fulford, Whitfield, Philips, Sawyer, Hall, Dauge, Richardson, Westbrook, Dickson, Randal, McKenzie, Everagin, Toms, Dodd, Spruill, Holmes, Webb, McKinne, Sanders, Davie, Cabarrus, W. Taylor, Sitgreaves, Yates, Alexander, Reading, W. Hawkins, Frohock, Isler, Pearson, Willis, Humphries (of Currituck), Pugh, Gardner, Maclaine, R. Blount, Williams, Eason, Hooper, Grant, Long, West, Brickell, Lennard.—53.

Nays: Messrs. W. Wood, Rhodes, Polk, J. Robeson, Dickens, Cox, McKissick, Hill, Hamilton, Palmer, Bell, McDonald, Z. Wood, Crawford, Holland, Hutchings, Scott, Lanier, Covington, Phifer, Yancey, P. Hawkins, Jos. Stewart, Franklin, Carson, Sloan, Humphries (of Wake), McDowell, White, Jas. Stewart, Brown, Lewis, Bethell.—33.

Received from the Senate a Resolve of that House directing the Treasurer to advance Matthew McClure the Sum of four hundred pounds, which, being read, was concurred with by this House.

On motion of Mr. Davie, Resolved, That the Door-keeper shall be allowed to receive one Shilling of each member of this House when he shall be ordered after any absent Members on a call thereof.

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On the question to agree to this Resolve the Yeas and Nays were required by Mr. Spaight, which are as follows, viz.:

Yeas: Messrs. J. G. Blount, Copeland, Creecy, Winslow, Whitfield, Rhodes, Philips, Anderson, Dickson, Randal, Willis, McKissick, Hill, McKenzie, McDonald, Z. Wood, Holland, Scott, Spruill, Holmes, Davie, Cabarrus, W. Taylor, Yates, Phifer, P. Hawkins, Franklin, Isler, Hinton, Humphries (of Currituck), Sloan, Gardner, Brown, Hooper, Long, Brickell, Lennard.—37.

Nays: Messrs. Spaight, P. Robeson, Hay, Fulford, Polk, Dickens, Sawyer, Richardson, Hamilton, Bell, Withrow, Everagin, Toms, Webb, J. Martin, Covington, Alexander, W. Hawkins, Frohock, Pearson, McDowell, Vance, McLaine, R. Blount, White, Grant, West.—27.

Received from the Senate the following Bills, viz.:

A Bill for the more expeditious recovery of Stolen Horses.

A Bill for the relief of George Laine Moore and William Jones.

A Bill to amend and alter the Court System.

A Bill to prevent the selling of Goods, Wares or Merchandize for hard money, &c.

A Bill to adopt a mode whereby each County shall defray the expence of their own Members in the General Assembly of this State, severally endorsed in Senate, “read the first time & passed.”

Received from the Senate a Bill to establish the late Survey and plan of the town of Tarborough as made and laid down by the directions of the Commissioners, &c. Endorsed in Senate “read the Second time and passed.”

A Bill for Erecting an Academy at the Town of Warrenton in the District of Halifax. Endorsed in Senate, “read the third time and passed.”

Received from the Senate a Resolve for dissolving the Sub-Committee to whom was referred the Papers relative to Indian Affairs and for appointing a Committee to prepare & bring in a Resolve expressive of the sense of the Legislature with respect to the late Cherokee and Choctaw Treaties, which, being read, was rejected.

Mr. Maclaine from the Committee to whom was referred Sundry papers respecting Indian Treaties and Indian Affairs delivered in a Report, which, being read, was ordered to lie on the Table for Consideration.

The Bill for levying a Tax for the support of Government and

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for the redemption of old Paper Currency Specie, Continental Money and Specie and other Certificates, was read the second time, amended, passed and sent to the Senate.

On reading this Bill Mr. McDowell proposed as an amendment thereto, that the blank, wherein, the sum to be paid in Money on each Hundred acres of Land should be filled up with the words “two shillings and six pence,” which was objected to, the question being put was negatived, whereupon the Yeas and Nays were required by Mr. McDowell, which are as follows, viz.:

Yeas: Messrs. W. Wood, Polk, Dickens, Richardson, Westbrook, Cox, McKissick, Hamilton, Palmer, Bell, Withrow, McDonald, Z. Wood, Crawford, Holland, Scott, Spruill, Webb, W. Taylor, Covington, Phifer, Alexander, Jas. Stewart, W. Hawkins, Franklin, Frohock, Carson, Pearson, Sloan, Humphries (Wake), McDowell, Vance, White, Jas. Stewart, Brown, Bethell, Perkins.—37.

Nays: Messrs. Spaight, Hay, J. G. Blount, Ferebee, Copeland, Creecy, Winslow, Fulford, Whitfield, Rhodes, Phillips, J. Robeson, Sawyer, Dauge, Dickson, Randal, Willis, Hill, McKenzie, Everagin, Toms, Dodd, Holmes, McKinne, Davie, Cabarrus, J. Martin, Sitgreaves, Yates, Yancey, P. Hawkins, Isler, Hinton, Humphries (of Cabarrus), Pugh, Maclaine, Eason, Hooper, Grant, Long, Brickell, Lennard.—42.

The Bill to establish a Town on the East side of the North East of Cape Fear River in Duplin County, was read the first time, passed and sent to the Senate.

Received from the Senate the Report of the Committee on the Claim of Hugh Torrence, Sheriff of Rowan County, and the Report of the Committee on the Memorial of Thomas Harris. Endorsed in Senate, “read and concurred with,” which report being read the second time was concurred with by this House.

Received from the Senate the following Messages:

Mr. Speaker & Gentlemen:

The Senate have added Generals Rutherford and Gregory to the Committee appointed to examine the State Prisoners.

Mr. Speaker & Gentlemen:

We propose that the General Assembly ballot to-morrow Evening at 4 O'Clock for a Continental Delegate in the room of Charles

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Johnston, Esquire, resigned, for the three Councillors of State yet to be Elected, and for the place where the next Assembly shall be held. We nominate for a Delegate as aforesaid Stephen Moore, John B. Ashe, William Walters and William Sharpe, Esquires.

For Councillors Robert Bignall, Thomas Rutledge, Miles King, Isaac Guion, William McClure, Spyers Singleton and John Nelson, Esquires, and for the place of holding the next General Assembly, the Towns of Tarborough, Fayetteville, Salisbury and New Bern. Mr. Macon & Mr. Lewis are appointed on the part of this House to superintend the balloting.

Should you agree to this measure you will please signify the same by Message.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We agree to ballot as by you proposed and have added to the nomination for Councillors, Joseph McDowell and James Sampson.

Received from His Excellency the Governor a Message, which, being read was ordered to lie on the Table until To-morrow.

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


Wednesday 20 December, 1786.

The House met according to Adjournment.

The House resumed the Consideration of the Message received from His Excellency the Governor, of yesterday, in the words following, viz.:

To the Honorable the General Assembly,
Gentlemen:

I have the Honor to lay before you the Journal of Congress from the 7th of November, 1785, to the 3rd of November, 1786, with sundry Dispatches of a Public nature, from Congress and the Board of Treasury which came to hand this day.

R. CASWELL.

Fayetteville, December 19, 1786.

At the same time received the Journal of Congress & public dispatches referred to in His Excellency's Message, which, being read, the following Message was ordered to be sent to the Senate.

Mr. Speaker & Gentlemen:

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

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resolutions of Congress and dispatches from the Board of Treasury, which we propose referring to a Joint Committee, and have for that purpose on our part appointed Messrs. Davie, Spaight, Hooper, J. G. Blount, Hay, Maclaine, and McDowell.

Mr. Hay, from the Joint Committee to whom was referred the petitions of divers Inhabitants of Orange & Guilford counties, delivered in the following Report, viz.:

The Joint Committee of both Houses to whom was referred the petitions of divers Inhabitants of Orange and Guilford counties.

Having taken the same into Consideration, beg leave to report.

That your Committee conceiving the allegations in two of the said petitions contained to be well founded are of opinion that the prayer thereof ought to be granted.

Your Committee having read the petition of a certain Elizabeth Shaw from Guilford county complaining of suffering under the operation of the Confiscation Law as carried into effect by the Commissioners of Salisbury District do not find any evidence to support the allegation thereof, which is submitted.

JOHN HAY, Chn.

The House taking this Report into Consideration concurred therewith.

Mr. Hooper moved for leave and presented a Bill to vest a title in the Lands therein mentioned in the persons therein named, which was read the first time passed & sent to the Senate.

Ordered that the following Message be presented to His Excellency, the Governor, viz.:

To His Excellency Richard Caswell, Esquire, Governor, Captain General, &c., &c.:
Sir:

You have been again Elected by the Suffrages of the representatives of a free people on the 16th instant, to the important office of Governor and Chief Magistrate for the ensuing year. It is therefore the wish of the two Houses that you qualify to that office and take upon yourself the exercise of the powers thereto annexed on Saturday next at 12 O'Clock.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We herewith send a Message addressed to His Excellency, the

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Governor, should it meet your approbation. Messrs. Polk & Winslow with such of your Body as you may appoint, will attend and present him with the same.

Received from the Senate the report of the Committee on the petition of James Christian. Endorsed in Senate, “read & Concurred with,” which, being read, was Concurred with by this House.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We do not agree that the Committee for examining the prisoners, &c., and the Sub Committee No. 4, should be directed to report at the time by you proposed.

Received from the Senate the petition of Robert Bogle. Endorsed, “read & referred to the Committee of Petitions and Memorials,” which, being read, was referred as by the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

The Senate have appointed Messrs. Macon & Galloway who will act jointly with such Gentlemen of your Body as may be appointed to cause to be burned, and destroyed all such Sums of old State Dollars Money as may be delivered into the Assembly during the present Session, and make report of their proceedings therein.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

Messrs. Long, Neal, Hall & W. Hawkins, will act with the Gentlemen by you appointed a Committee to receive & destroy the old State Dollar Bills.

Received from the Senate the following message:

Mr. Speaker & Gentlemen:

We propose that the petition of William Graves and Elijah Hunter, which at present stand referred to the Grand Committee, be withdrawn from them and referred to the Committee of Propositions and Grievances.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree that the petition of William Graves and Elijah Hunter be withdrawn from the Grand Committee & referred as by you proposed,

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and propose that the Petition of the Inhabitants of Fayetteville be withdrawn from the Grand Committee & referred to the Committee of Propositions and Grievances.

Received from the Senate a Resolve of that House directing the Comptroller not to receive any Certificates which may be offered him by the Commissioners of Certificates & others that have been issued since the last Assembly, which being read, was rejected, whereupon the following Message was ordered to be sent to the Senate:

Mr. Speaker & Gentlemen:

We have rejected the Resolve of your House directing the Comptrollers not to receive from the Commissioners of Confiscation and others any Certificates Granted and issued since last Session of Assembly, as we suppose the evil you wish to guard against is already provided for by a Resolution of the fourth instant “directing His Excellency, the Governor, to issue a Proclamation informing all public officers that it is the sense of the General Assembly that no due Bills or certificates issued since the first Day of January, 1786, shall be received in payment for any arrears due, &c.”

The Bill for cutting a Navigable Canal from the Waters of Pasquotank River in this State, to the Waters of Elizabeth river in the state of Virginia, was read the first time, whereupon a motion was made by Mr. Spaight, Seconded by Mr. McKinne, that this Bill be laid over to the next General Assembly, and that in the interim the public printer be directed to print three Copies for each of the counties in this State, and cause the same to be transmitted to each Member in each county to the end that the same may be submitted to and maturely considered by the inhabitants of the respective counties in order that they may instruct their representatives with respect to the propriety of passing or not passing the same into a Law. This motion being objected to, the question was put and carried in the affirmative, whereupon the Yeas and Nays were required by Mr. Willis, which are as follows, viz,:

Yeas.—Messrs. Spaight, Neal, P. Robeson, Hay, J. Blount, W. Wood, Copeland, Creecy, Winslow, Fulford, Whitfield, Polk, Philips, Anderson, Dickson, Cox, Randal, Palmer, Bell, McDonald, Z. Wood Crawford, Everagin, Toms, Dodd, Hutchings, Scott, Spruill, J. Taylor, McKinne, Sanders, Cabarrus, Sitgreaves, Lanier,

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Yates, Covington, Phifer, J. S. Stewart, Franklin, Frohock, Isler, Hinton, Humphries (of Wake), Gardner, Maclaine, Williams, White, Jas. Stewart, Brown, Hooper, Grant, Lewis, Clinch, West, Brickell, Lennard.—56.

Nays:—Messrs. Ferebee, Dickens, Sawyer, Hall, Dauge, Richardson, Westbrooks, Willis, McKissick, Hill, McKenzie, Hamilton, Holland, Holmes, Davie, W. Taylor, Alexander, Yancey, Reading, W. Hawkins, Carson, Pearson, Humphries (of Currituck), Sloan, Pugh, McDowell, Vance, Eason, Perkins, Long.—30.

Received from the Senate a Resolve of that House allowing Hugh Torrens Eighty-one pounds fourteen Shillings & two pence, & directing the Treasurer to pay the same, which, being read was concurred with by this House.

Received from the Senate the petition of Thomas Frohock, the petition of John Kendrick and the Memorial of James MacDonald. Endorsed in Senate, “read & referred to the Committee on Memorials and Petitions,” which, being read, were referred as by the Senate.

Received from the Senate the petition of George Mitchell. Endorsed “in Senate, read and referred to Messrs. Armstrong, Eaton, and Campbell,” which, being read, was referred on the part of this House to Messrs. Blount, Grant and Long.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

The Senate have received and rejected the report of the Committee to whom was referred the representation of Capt. Robert Fenner, agent of the late North Carolina Line. And now propose that Captain Fenner's Papers as agent aforesaid, be submitted to the consideration of a Special Committee, who shall report what allowance in their opinion Captain Fenner shall be considered as justly entitled to in consequence of his appointment as agent pursuant to a Resolution of Congress, and who shall also report such further measures as they deem necessary relative to the Certificates of which Captain Fenner, as agent, hath taken charge, for which purpose we have appointed on our part Messrs. Gallaway, Stokes, McCawley and Brown, a Committee.

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Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

This House cannot agree with the Senate in referring the Papers of Robert Fenner, as agent, &c., to a select Committee, but propose that they be referred to the Committee to whom was referred the petition of the officers of the late Continental line of this State.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We propose that the Message herewith sent you be presented to His Excellency the Governor, instead of the one sent us from your House, we have been induced to do so, from a belief that as the time for which the Governor of this State under his former appointment can of right hold and exercise the powers & authorities of that office will not expire until May next. It was necessary the Message now to be sent him should be more explicit.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have received your Message relative to the Message to be presented to the Governor, with which we do not concur, conceiving the same grounded in a mistaken belief as to the time of his continuance in office.

Mr. Davie moved for leave and presented a Bill for the support of Government and for appropriating the revenues of the State, which was read the first time, passed and sent to the Senate.

Received from the Senate the representation of the Honbl. Timothy Bloodworth and Jas. White, Esquires, late Delegates in Congress, which were read.

The House adjourned 'til 4 O'clock.

The House met according to adjournment.

Mr. Polk from the joint Balloting for a Delegate, three Members of the Council of State and the place at which the next General Assembly shall be held,

Reported, that by a Majority of the Votes of both Houses of the General Assembly,

The Honorable John B. Ashe, Esqr., was elected Delegate.

That Tarborough is the place appointed for holding the next General Assembly at.

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That no Gentlemen in nomination for Councillors had a Majority of Votes, so that the three Members of the Council are yet to be Elected.

The House taking the Report into Consideration, Concurred therewith.

Received from the Senate a Bill for adding part of Craven county to Dobbs county. Endorsed “in Senate, read the first time and passed.

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


Thursday, 21 December, 1786.

The House met according to adjournment.

Received from the Senate the following Bills, viz:

A Bill for the support of Government & for appropriating the revenues of the State.

A Bill to direct the method to appoint Jurors and Surveyors to run out disputed Lands.

A Bill to establish a Town on the East side of the Northeast of Cape Fear River in Duplin county.

A Bill to vest a title in the lands therein mentioned in the persons therein named. Severally endorsed “in Senate, read the first time and passed.”

Received from the Senate a Resolve of the House, directing Thomas Harris, Sheriff of Mecklenburg county, to pay into the hands of the Treasurers one hundred & seventy-two pounds, which, being read, was concurred with.

Received from the Senate the two following Messages:

Mr. Speaker & Gentlemen:

We agree that the petition of the Inhabitants of Fayetteville be withdrawn from the Grand Committee and referred as by you proposed.

Mr. Speaker & Gentlemen:

We agree that the Message of yesterday from His Excellency, the Governor, and the public dispatches accompanying it, be referred to a special Committee, and have appointed Messrs. Harget, Hemdon, Brown, Stokes, Gallaway and Stone, a Committee, who will act with the Gentlemen by you appointed for this purpose.

Received from the Senate a Resolve of that House directing Hugh

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Torrence, Sheriff of Rowan county, to take into his possession the property of William Turner, who is charged with having murdered John Latshaw, which, being read, was rejected.

Received from the Senate the Report of the Committee to whom was referred the papers of John Beck. Endorsed “in Senate, read and Concurred with,” which being read, was concurred with.

On motion of Mr. Hooper, seconded by Mr. Davie, Resolved that the Attorney General be requested to allow the Sub Committee of Finance No. 4, commonly called the Hundred Thousand pound Committee, to give advice respecting the Subject Matter to them referred.

The Bill to prevent doubts as to the rights of Sovereignty and Jurisdiction in and over the counties of Washington, Sullivan, and Greene, and to Consign to oblivion the misconduct of the Citizens within the same, was read the first time, passed and sent to the Senate.

Mr. Wyatt Hawkins, from the Committee of Propositions and Grievances, delivered in the following Report:

Your Committee of Propositions and Grievances to whom was referred the petition of Andrew Canady, Report:

That on examining the several papers laid before them, it appears by the affidavit of said Canady that he lost a Certificate to the amount of one hundred and sixty-four pounds four shillings, also a note of hand from Cornelius Morris to him for the sum of five pounds. It also appears to your Committee by the deposition of Cornelius Morris, that some time after the said Canady had told him he had lost the above mentioned Certificates he the said Morris was hunting in the woods near the place where the said Canady had told him he expected the Certificate was lost together with a note on him for five pounds, and that he found a bundle of papers in which was the said note, but that the other papers were so rotten that they could not discover what they were. Under these circumstances your committee think there is a great probability of the Certificates being among the rotten papers, and that they are actually destroyed, therefore submit the facts to your Honorable Body to take such order, therefore as to you may appear just, all which is submitted.

WYATT HAWKINS, Ch'n.
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The foregoing Report being read,

Resolved, that the Comptroller be directed to issue a Certificate for the sum within mentioned to the said Canady, and that the said Comptroller be also further directed to check the same and make mention therein of its being issued in pursuance of this Report.

The Bill directing the mode of proceeding upon Impeachments was read the Second time, amended, passed and sent to the Senate.

Received from the Senate a Bill to authorize the Commissioners of Bertie to Collect the Arrearages of the Specific Tax for the years 1780, 1781, 1782. Endorsed, “read the first time, passed,” and a Bill to alter and amend an Act passed at Hillsborough in May 1783, entitled “an Act for repairing the Court House and prison in the Town of Salisbury,” &c. Endorsed, “read the Second time, amended and passed.”

The Bill prescribing the method of admitting attornies to practice in the several Courts of Law and Equity in this State, and ascertaining how they shall be tried for misbehaviour, was read the second time, amended, passed and sent to the Senate.

Ordered that Mr. Cox have leave to absent himself from the service of the House until Monday next.

Received from the Senate a Bill to impose a duty on all Slaves brought into this State by Land or Water, and a

Bill to prevent doubts as to the right of Sovereignty and Jurisdiction in and over the Counties of Washington, Sullivan & Greene.

Endorsed, “read the second time, and passed.”

Received also a Bill prescribing the method of admitting attornies to practice, &c. Endorsed, “read the second time, amended and passed.”

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

Received from the Senate a Bill for empowering the Court of Chatham County to adjourn to the Town of Pittsborough. Endorsed, “read the first time and passed.”

The Bill for improving the Navigation to New Bern was read the third time, passed & sent to the Senate.

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The Bill to emancipate Hannah, alias Hannah Bowers, a person of mixed Blood belonging to the estate of the late Alexander Gaston, deceased, was read the second time, passed & sent to the Senate.

An Additional Bill to an Act entitled “an Act for the regulation of the Town of New Bern, and for other purposes,” was read the second time, passed and sent to the Senate.

The Bill to extend two Acts passed at the last General Assembly held at New Bern to the County of Chatham, was read the second time, passed & sent to the Senate.

The Bill for the relief of George Laine Moore and William Jones was read the first time, passed and sent to the Senate.

Mr. Sitgreaves presented the Memorial of His Excellency Richard Caswell, Esquire, which, being read was referred to Messrs. Sitgreaves, Cabarrus, Blount and Davie on the part of this House.

Mr. P. Hawkins moved for leave and presented a Bill for keeping open Cape Fear, Deep River & Rocky Rivers for the passage of Fish up the same, which was read the first time, passed & sent to the Senate.

Mr. Sitgreaves moved for leave and presented a Bill to alter the time of holding the annual Assemblies of this State, which was read the first time, passed and sent to the Senate.

Mr. Hamilton moved for leave and presented an Additional Bill to an Act entitled “an Act to prevent the several Species of Hunting therein mentioned,” which was read the first time, passed & sent to the Senate.

Mr. Sitgreaves moved for leave and presented a Bill for enabling Executors and Administrators to make a speedy settlement of their accounts, which was read the first time, passed & sent to the Senate.

Mr. Grant presented the petition of Sundry People, Inhabitants of Carteret County, which, being read, Mr. Grant moved for leave and presented a Bill to add part of Carteret County to the County of Onslow, which, being read, was laid over until the next Assembly.

Mr. Grant presented the Claim of Samuel Clegg, which, being read, was referred to the Committee of Claims.

Received from the Senate the resignation of John Jackson as a Justice of the Peace and Lieutenant Colonel of Anson County. Endorsed in Senate, “read and accepted,” which, being read, was accepted by this House.

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The Bill to adopt a mode whereby each County shall defray the expence of their own Members in the General Assembly of this State, was read the first time and Rejected.

On the question shall this Bill pass or not pass, the Yeas and Nays were required by Mr. Phifer, which are as follows, viz.:

Yeas: Messrs. Neal, J. G. Blount, Ferebee, Whitfield, Dickens, Hall, McKissick, Hamilton, Toms, Sanders, Phifer, Alexander, Yancey, P. Hawkins, Carson, Hinton, Pearson, Pugh, Humphries (of Wake), Gardner, Eason, Grant.—22.

Nays: Messrs. W. Wood, Copeland, Creecy, Fulford, Philips, J. Robeson, Richardson, Westbrooks, Dixon, Cox, Randal, Willis, Palmer, Bell, Z. Wood, Crawford, Dodd, Hutchings, Scott, Spruill, J. Taylor, Holmes, Webb, McKinne, Davie, Cabarrus, W. Taylor, Sitgreaves, Lanier, Yates, Covington, Franklin, Humphries (of Currituck), Sloan, McDowell, R. Blount, White, Jas. Stewart, Bethell, West, Lennard.—41.

Received from the Senate the Report of the Committee on the Petition of Andrew Canady and the Resolution of this House in consequence thereof. Endorsed in Senate, “read and concurred with.”

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


Friday, 22 December, 1786.

The House met according to adjournment.

Mr. Joseph Stewart presented the Petition of John Copeland, which, being read, was referred to the Committee on Petitions and Memorials.

Mr. Dickens presented the resignation of John Beck as a Justice of the Peace for Duplin County, which, being read, was accepted by this House.

Resolved, That the following persons who served as a Guard under the command of Mr. Adams Sanders in bringing to Fayetteville Wynn Dixon, be allowed for such service as follows, viz.:

Martin Cole, three pounds twelve Shillings.
John Carigan, three pounds twelve Shillings.
James Bartin, three pounds twelve Shillings.
William Cummins, three pounds twelve Shillings.

That the Treasurer pay the same and be allowed therefor in the settlement of his public Accounts.

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

The Bill for erecting a Prison in the County of Franklin was read the second time, passed and sent to the Senate.

A Bill for the removal of the place for holding Courts of Pleas and Quarter Sessions in the county of Washington, for appointing Commissioners to fix on the most convenient place for the same, was read the first time, amended, passed and sent to the Senate.

The Bill for removing the place of holding Courts in the county of Sullivan, was read the first time, passed and sent to the Senate.

Received from the Senate a Bill for erecting Bogue Bar and New river Inlets into a distinct Port by the name Swansborough. Endorsed “in Senate, read the second time and passed,” and

A Bill for the relief of George Laine Moore and William Jones. Endorsed, “read the first time and passed.”

Received from His Excellency, the Governor, the following Message of yesterday's date:

To the Honorable, the General Assembly:
Gentlemen:

Upon application of the late Richard Henderson, Esquire, who was one of the Commissioners for extending the Boundary line between this State and the Commonwealth of Virginia, I borrowed of Captain Lustre, then at New Bern, one Hadley's quadrant, and of Messrs. Thomas and Titus Ogden, an Azimuth Compass, these Instruments were made use of by the Commissioners on extending the line aforesaid. And altho' every enquiry has been made on the frequent importunities of the owners, I have not been able to obtain them again or any satisfactory Account where those Instruments are. I therefore submit to the Legislature the propriety of making an allowance to the proprietors agreeable to the Tenor of the Act of Assembly passed in the year 1779, entitled “an Act for extending the Boundary line between this State and the Commonwealth of Virginia.”

Capt. Lustre's account is herewith laid before you, the Compass I am told was a very good one. I presume the owners will be satisfied with such allowance as the public shall think proper to make.

R. CASWELL.

Fayetteville, 21 Dec. 1786.
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Ordered that the Claim referred to in his Excellency's Message be referred to the Committee of Claims.

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

To the Honorable, the General Assembly:
Gentlemen:

I have the Honor to lay before you for your information and consideration, a Letter from Mr. Thomas Amis, his Deposition, his account of Sundries deposited in the Public Stores at Fort Natchez, and his passport from the Commandant of this Fortress.

These matters, however trifling they may appear on the first view, on due Consideration I persuade myself, will evince the necessity of giving your Delegates in Congress, some instructions respecting the Navigation of the Mississippi, as that is an object of very great importance and remaining undetermined by Congress.

R. CASWELL.

Fayetteville, 22 Dec. 1786.

Ordered that the above Message and subject matter therein mentioned and the papers relative thereto be refered to the Committee to consider of the Communications from Congress.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose that the representation of the Hon. Timothy Bloodworth and James White, Esquires, be referred to the Committee appointed to consider of the Communications from Congress.

Received from the Senate the petition of Samuel Clegg, and the petition of John Copeland. Endorsed “in Senate read and referred as by the House of Commons.”

Received from the Senate the Resolve of this House allowing certain persons who served as a Guard under Mr. Adams Sanders, the several Sums therein mentioned Concurred with.

Received also the two Messages from His Excellency, the Governor, the one covering the Claim of Capt. Lustre, the other the letter and Deposition of Thomas Amis, &c. Endorsed, “read & referred as by the Commons.”

Received from the Senate the following Bills, viz:

A Bill to keep open Cape Fear, Deep River, Haw River & Rockey River, &c.

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A Bill for enabling Executors and Administrators to make speedy Settlement of their Acco'ts.

A Bill to alter the time of holding the annual Assemblies of this State.

A Bill for purchasing Arms and Military Stores, and for establishing a Magazine.

An Additional Bill to an Act entitled “an Act to prevent the several Species of Hunting therein mentioned.” Severally endorsed in Senate, “read the first time and passed,” and

A Bill for removing the place of holding the Courts in the county of Sullivan.

A Bill to emancipate Hannah, alias Hannah Bowers, &c.

A Bill for dividing the county of Sullivan.

A Bill for annexing part of the county of Craven to Pitt county.

A Bill for removal of the place for holding Courts in the county of Washington.

A Bill to repeal the thirteenth Section of an Act passed at New Bern in October, in the year 1784, entitled “an Act for raising a public revenue for the support of Government,” &c. Severally endorsed, “read the Second time and passed.”

Received also a Bill to extend two Acts passed at the last General Assembly held at New Bern, concerning the County Wardens of the Poor & Tobacco Inspection to the County of Chatham. Endorsed, “read the third time & passed.”

Received from the Senate the resignation of John Beck. Endorsed, “read and accepted.”

The Bill to amend and alter the Court System, was read the Second time, amended, passed & Sent to the Senate.

On reading this Bill, Mr. Spaight moved & was seconded, that the clause increasing the Jurisdiction of Justices of the Peace out of Court should be struck out of the Bill, which was objected to.

The question being put was Negatived, whereupon the Yeas & Nays were required by Mr. Spaight, which are as follows, viz:

Yeas.—Messrs. Spaight, W. Wood, Winslow, Philips, Sawyer, Dixon, Rhodes, Willis, Hill, McKenzie, Everagin, Dodd, Scott, Spruill, Holmes, Davie, Cabarrus, Sitgreaves, Franklin, Isler, Hinton, Gardner, Maclaine, White, Long, Lennard.—26.

Nays.—Messrs. J. G. Blount, Ferebee, Hay, Creecy, Fulford, Whitfield, Polk, Dickens, Hall, Dauge, Anderson, Richardson,

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Westbrooks, Randal, McKissick, Hamilton, Palmer, Bell, McDonald, Z. Wood, Holland, Toms, J. Taylor, Webb, McKinne, Sanders, W. Taylor, Martin, Lanier, Yates, Covington, Phifer, Alexander, Yancey, P. Hawkins, Reading, Jos. Stewart, W. Hawkins, Frohock, Carson, Pearson, Humphries, (of Currituck), Sloan, Humphries, (of Wake), McDowell, Vance, Williams, Jas. Stewart, Eason, Brown, Hooper, Grant, Lewis, Bethell, West, Brickell.—56.

Mr. Maclaine proposed, as a further amendment to this Bill in the clause directing the duty and defining the powers of the Judge, that the words “to relate their opinion or doubt thereon to the next General Assembly that whatever doubt arising between the construction of Law and the Constitution” should be expunged and the words following substituted in lieu thereof to wit, “but shall decide according to the true spirit and meaning of the Constitution and the General Laws of the Land,” this being objected to, the question was put and Negatived, whereupon the Yeas and Nays were required by Mr. Maclaine, which are as follows, viz:

Yeas.—Messrs. Hay, W. Wood, Winslow, Rhodes, Dickens, Sawyer, Dickson, Willis, McKissick, McKenzie, Holland, Dodd, Scott, Spruill, Davie, Cabarrus, Hinton, McDonald, Vance, Maclaine, White, Hooper, Long, Sloan.—24.

Nays.—Messrs. Spaight, Neal, J. G. Blount, Ferebee, Copeland, Creecy, Fulford, Whitfield, Philips, Hall, Dauge, Anderson, Richardson, Westbrooks, Randal, Hamilton, Palmer, Bell, McDowell, Z. Wood, Everagin, Toms, Hutchings, J. Taylor, Holmes, Webb, McKinne, Sanders, W. Taylor, Martin, Sitgreaves, Lanier, Yates, Covington, Phifer, Alexander, Yancey, P. Hawkins, Reading, Joseph Stewart, W. Hawkins, Franklin, Carson, Isler, Pearson, Humphries, (of Currituck), Humphries, (of Wake), Gardner, Williams, Jas. Stewart, Eason, Brown, Grant, Lewis, Bethell, West, Brickell, Lennard.—58.

The House adjourned 'til 5 O'clock.

The House met according to adjournment.

The Bill to prevent the selling of Goods, Wares or Merchandise, for hard Money only, and to prevent the depreciation of the paper Currency, was read the first time, passed and sent to the Senate.

On the question, shall this Bill pass, the Yeas and Nays were required by Mr. Cabarrus, which are as follows, viz.:

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Yeas.—Messrs. J. G. Blount, W. Wood, Fulford, Polk, Dauge, Richardson, Westbrooks, Dickens, McKissick, Hamilton, Bell, McDonald, Z. Wood, Crawford, Toms, Dodd, Hutchings, J. Taylor, Holmes, McKinne, Sanders, Martin, Phifer, Alexander, Reading, Franklin, Frohock, Carson, Pearson, Sloan, McDowell, Vance, R. Blount, Lewis, Bethell, West.—37.

Nays.—Messrs. Spaight, Copeland, Creecy, Winslow, Whitfield, Philips, Dickens, Sawyer, Hall, Anderson, Randal, Willis, Hill, McKenzie, Everagin, Scott, Spruill, Davie, Cabarrus, W. Taylor, Sitgreaves, Yates, Covington, W. Hawkins, Hinton, Pugh, Humphries, (of Wake), Gardner, White, Eason, Long, Brickell.—32.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We propose that the Sub-Committee appointed by the Grand Committee to consider of the present modes of Administering the Laws of this State be appointed to consider of complaints to be alleged against the Judges in their official Character, that the said sub-Committee be considered as the Committee of the Assembly, and that they proceed immediately to this enquiry and make report as soon as the nature of the business will admit.

Mr. Sitgreaves presented a representation of the Inhabitants of the Town of New Bern, complaining of the Conduct of the Judges, which, being read, was referred to the Sub-Committee appointed to Consider of the mode of Administering the Law, &c., of this State.

Resolved, that any person whatsoever, that have any charges to exhibit against any of the Judges of this State for any Misconduct in office, be directed to introduce and exhibit the same into this House before twelve O'Clock To-morrow, to be referred to the Sub-Committee appointed to consider of the present mode of Administering the Law, &c., of this State, who shall receive the same, and cause such charges to be reduced to writing, together with every Circumstance relative thereto, and to be delivered into the hands of the Judges, that they may, if they think proper, appear before the Committee appointed to examine such charges.

Mr. Spaight moved for leave, and presented a Bill to amend an Act entitled “an Act for the more regular collecting, payment of and accounting for the Public Taxes,” which was read the first time, passed & sent to the Senate.

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