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Minutes of the North Carolina House of Commons
North Carolina. General Assembly
April 18, 1783 - May 17, 1783
Volume 19, Pages 233-368

HOUSE JOURNAL—1783.
HOUSE JOURNAL FROM 18 APRIL, 1783, TO 17 MAY, 1783.


State of North Carolina,
In the House of Commons, 18 April, 1783.

At a General Assembly begun and held at Hillsborough on the eighteenth day of April, in the year of our Lord one thousand seven hundred and eighty-three, and in the seventh year of the Independence of the United States of America, it being the first session of this Assembly.

The returning officers for the several and respective Counties certified that the following persons were duly elected to represent the respective Counties and towns in General Assembly the current year, vizt.:

For Anson County,
Beaufort, Thomas Alderson & John G. Blount,
Bertie, William Horn & David Turner,
Brunswick, William Waters & Dennis Hawkins,
Bladen,
Burke, Joseph McDowell & Waightstill Avery,
Craven, William Bryan & William Blount,
Carteret, Enoch Ward & Eli West,
Currituck, Thomas Jervis & Joseph Ferebee,
Chowan,
Camden, Dempsy Sawyer,
Caswell, David Shelton,
Chatham, Matthew Jones & Richard Kennon,
Cumberland,
Dobbs, Richard Caswell, jun., & John Herritage,
Duplin, Richard Clinton & J. Gillispie,
Edgecombe, Robert Diggs & James Wilson,
Franklin, Simon Jeffreys & Harrison Macon,
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Guilford, James Gallaway & John Leak,
Gates, Joseph Riddick & David Rice,
Granville, Thomas Person & Phil. Hawkins,
Halifax, John Whitaker and John Geddy,
Hertford, Lewis Brown & Thomas Brickell,
Hyde,
Johnston, Arthur Bryan & Nathan Williams,
Jones, Frederick Harget & William Randall,
Lincoln,
Martin,
Mecklenburg, David Wilson & Caleb Phifer,
Montgomery,
Nash, Micajah Thomas & John Bonds,
Northampton, James Vaughn & Drury Gee,
New Hanover,
Onslow, Edward Starkey & James Howard,
Orange, Alexander Mebane & Thomas Burke,
Pasquotank, Benjamin Jones,
Perquimans, John Skinner & John Reed,
Pitt, John Jordan & Richard Moy,
Rutherford,
Rowan, Matthew Lock & George H. Barrior,
Randolph, Robert McLean & Jeduthan Harper,
Richmond,
Surry, William Terrill Lewis & James Martin,
Sullivan,
Tyrrell,
Washington, Daniel Kennaday, Joseph Hardin & Landon Carter,
Wayne, Richard McKinney & Needham Whitfield,
Wake, Theophilus Hunter & Hardy Sanders,
Wilkes,
Warren, Joseph Hawkins & John Macon,
Town of Hillsborough, Thomas Farmer,
Edenton, William Cummins,
New Bern, Richard D. Spaight,
Halifax, Henry Montfort,
Wilmington, Archd. Maclaine,
Salisbury, Anthony Newman.
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Pursuant to which the following members appeared & were qualified by taking the Oaths by Law appointed for the qualification of members of the General Assembly, subscribed the same and took their seats, vizt.: John Geddy, Drury Gee, Alex. Mebane, Thomas Farmer, Edward Starkey, Henry Montfort, Richard McKinne, Richard Moy, Richard Clinton, Richard Caswell, jun., Needham Whitfield, Matthew Lock, Richard Kinnon, G. H. Berger, Richard D. Spaight, John Skinner, John Bond, Waightstill Avery, Arthur Bryan, Wm. Horn, Wm. Walters, John Herritage, John Whitaker, Thos. Brickell, Robt. Diggs, David Turner, Fred. Harget, Jeduthan Harper, Hardy Sanders, John G. Blount, John Jordon, Wm. Randall, Matt. Jones, Wm. Blount, David Shelton, John Macon, James Wilson, Lewis Brown, J. Vaughan, Danl. Kennady, Wm. Cumming, Benj. Jones, Anthony Newman, Simon Jeffreys, Enoch Ward, Caleb Phifer, Thos. Person, Harrison Macon, James Martin, Joseph Ferebee, Jos. Riddick, David Wilson, Robert McLean, Archd. Maclaine, Wm. I. Lewis, John Leak.

Mr. Person proposed for Speaker Mr. Edward Starkey, who was unanimously chosen and conducted to the Chair accordingly.

On motion, John Hunt was appointed Clerk and John Haywood Assistant. At the same time John Gooding and James Malloy were appointed Doorkeepers.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

This House, in answer to the message of yours informing us that you are ready to proceed on the public Business, inform you that we are formed and also ready to proceed on the dispatch of public business.

Resolved, that the following rules of decorum be observed during the sitting of this House, vizt.:

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

2. 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’s calling him by name.

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

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

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

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

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

8. Whenever the members are equally divided the Speaker shall determine the question, but not vote on any other occasion.

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

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

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.

Resolved, that Mr. Person, Mr. Moy, Mr. Lock, Mr. Avery, Mr. Spaight, Mr. Macon, Mr. Ward, Mr. Mebane and Mr. Wilson be a Committee of Privileges and Elections to hear and report on contested and illegal Elections.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We propose that the address which accompanies this be presented his Excellency the Governor, and on the part of this House appoint General Rutherford and Mr. Coor to attend him with the same.

At the same time received the address referred to in the above message, which being read was agreed to and Mr. A. Maclaine and Mr. Spaight appointed to wait on His Excellency with the same.

Received from His Excellency the Governor the following messages:

To the Honourable the General Assembly:

Gentlemen:

A number of Great events of the most interesting nature to the United States having intervened since the last meeting of the Legislature, I feel myself too much impressed with the General Joy

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that must be occasioned to be confined to the dull formality of a message. I therefore propose to wait upon the Honourable the General Assembly and communicate the same in person, and those matters and things I have to lay before them, and for this purpose request the attendance of both Houses in the Conference Chamber tomorrow, or such time as shall be most acceptable to them.

ALEX. MARTIN.

To the Honourable the General Assembly:

Gentlemen:

I send herewith the resignation of William Blount, Esquire, late Delegate from this State in Congress.

ALEX. MARTIN.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

This accompanies two messages from his Excellency the Governor, addressed to the General Assembly, the one acquainting of the resignation of Mr. Blount, late Delegate from this State in Congress, the other desiring the attendance of both Houses of the General Assembly in Conference, in order that he may in person communicate such matters and things as he may have to inform them of. In consequence thereof, this House agree to receive his Excellency the Governor at the Church at 4 o’clock this evening and desire your concurrence. Mr. Person and Mr. Avery will wait on his Excellency with such of your body as you may appoint to acquaint him that we acceed to his proposal.

The House adjourned till tomorrow morning 9 o’clock.


Saturday, 19 April, 1783.

The House met according to adjournment.

Mr. John Jackson and John Aulds, the members for Anson County, appeared, were qualified and took their seats.

Mr. Person presented the Memorial of John Jones, Guardian of Jos. John Alston, son of Jos. John Alston, decd., which being read was ordered to be referred to a joint Committee, the members appointed on the part of this House are Mr. John Macon, Mr. Blount, Mr. Turner, Mr. M. Jones & Mr. Cumming.

Ordered that the said Memorial be sent to the Senate.

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Mr. Avery moved for leave and presented a bill for the appraisement of property taken by execution, which was read the first time, passed and sent to the Senate.

Mr. Person, from the Committee of Privileges and Elections, reported as follows:

That it appears to your Committee that the sheriff of the County of Washington, on the evening of the first day of the election, closed the poll by the consent of the candidates present, those two who now contend before your Committee being present and consenting thereto, the sheriff proceeded to have the ballots taken out and numbered, and that Daniel Kennady and Joseph Harden, Esq., had the greatest number of votes to represent the County in this House, and that the Inspectors and Judges of the Election, deeming the same to be finished, refused to give any further attendance.

That it further appears to your Committee that the poll was opened the second day in an irregular manner with other Inspectors and Judges, which has occasioned a double return for the last commoner, to-wit, in favour of Mr. Landon Carter, whose election cannot in the opinion of your Committee be supported on the principles of Law.

It is the opinion of your Committee that Mr. Joseph Harden ought to be admitted to his seat to represent the said County in Commons, which is humbly submitted to the House.

THOMAS PERSON, Ch.

The House taking the said report into consideration, Resolved, that the election of members to represent the County of Washington in this House was altogether illegal, whereupon Resolved, that a writ of election issue to the said County for the election of members to represent the same in the present General Assembly, and that the said election be held on the second Monday and Tuesday in June next.

Mr. Geddy moved for leave and presented a bill for altering the mode of entering up Judgment on Judgment Bonds and making all Bonds and other obligations for debt negotiable and assignable, which was read the first time, passed and sent to the Senate.

Recd. from the Senate a bill to prevent frauds being committed by private gifts, endorsed, read the first time and passed.

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Ordered that the said bill be read. The same being accordingly read the first time, passed and sent to the Senate.

Mr. Person, one of the Gentlemen appointed on the part of this House to wait on his Excellency the Governor to acquaint him that the General Assembly had, agreeable to his request of yesterday, agreed to meet him in the conference Chamber and receive from him such matters and things as he had to communicate, reported that they had waited upon him and signified the sense of the Assembly accordingly.

The House adjourned till 4 o’clock P. M.

Met according to adjournment.

Received from the Senate the Memorial of John Jones, endorsed, referred to a Committee, the members chosen, Mr. Ramsey & Mr. Coor.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The Senate appoint Mr. Johnson, Mr. Coor, Mr. Battle, General Rutherford, Genl. Gregory, Mr. McCullock, Mr. Easton, Mr. Brickell and Colonel Harris a Committee, who will act jointly with such of your body as may be appointed to prepare and bring in such bills of a General and public nature as are necessary to be passed into Laws by the present Assembly.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House have on their part appointed Mr. Arch. Maclaine, Mr. Avery, Mr. Cumming, Mr. Lock, Mr. Spaight, Mr. W. Blount & Dr. Nunan to act jointly with such Gentlemen as you have appointed to prepare and bring in such bills of a General and public nature as are necessary to be passed into Laws at the present session.

The Senate and Commons in Conference appointed each a member of their body to wait upon his Excellency the Governor and request his attendance in the conference room, in order that he might communicate the several matters and things alluded to in his message of yesterday, whereupon his Excellency, attended by the said Gentlemen, waited upon the General Assembly in conference and addressed them as follows:

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Gentlemen of the General Assembly:

Since the last meeting of the Legislature a Train of great and interesting events have intervened in our political system, which, added to those of the preceding year, have under Almighty God led at length the power of the United America to the summit of her wishes. With the highest pleasure I present you with those communications I have been honoured with for your information announcing this important occurrence and the progressive causes previous thereto.

The enemy after reiterated attempts to subjugate the Southern States, baffled and defeated in almost every enterprise, compelled to retire into the circumscribed limits of the garrisons of Charleston and Savannah in despair of continuing a fruitless War, have successively abandoned those posts and withdrawn their army, thereby yielding to the States of South Carolina and Georgia the full possession and sovereignty of all their territories.

The States General of the United Netherlands, viewing with sympathetic eyes the American struggles, congenial late with their own, after receiving many insults from British pride for this their friendly disposition, concluded a treaty of Amity and Commerce with the United States of America by their respective Plenipotentiaries at the Hague on the eighth day of October last. From the Alliance, Friendship and commerce with this nation, whose origin, Religion and Government are so similar to ours, we have the highest expectations that great reciprocal advantages will be derived and a Harmony of Interests cultivated that will frustrate all the efforts of our enemies from disturbing our union and repose. A copy of the ratification of that treaty by Congress, as transmitted to me by his Excellency the President, I do myself the honour to lay before you, and with the highest satisfaction congratulate you thereupon.

With impatience I hasten to communicate the most important intelligence that has yet arrived in the American Continent. His Britannic Majesty having acknowledged the United States of America free, Sovereign and Independent, and for himself, his Heirs and Successors relinquished all Claims to the Government, proprietary and territorial rights of the same, at Paris, the thirtieth of November last, by his Commissioners appointed to treat of Peace with the Commissioners of the United States, though not to

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be concluded until terms of Peace should be agreed upon between Great Britain and France, which Peace between Great Britain and France was signed the twentieth day of January last, that renders the former conclusive, as certified by the papers now before you transmitted to me from the Minister of foreign affairs and our delegates in Congress. For this most happy and auspicious event, which involves in it a most precious inheritance for ages and all the blessings that can flow from Independent Empire, with the most lively fervent and heart-felt joy, I congratulate you and thro’ you all my fellow-citizens of the State of North Carolina.

Eternal Gratitude is due to the generosity and Magnanimity of the most Christian King, our illustrious ally and the brave and mighty Nation over whom he reigns, for whose prosperity our prayers to the Supreme Ruler of the Universe should not be wanting, for shielding in the hour of distress a people from oppression and supporting the Rights of Humanity, by which the brave and virtuous struggles of the Officers and soldiers of the American army and the persevering fortitude of General Washington this glorious acquisition was gained, as also a period accelerated which the vicissitudes of Nations and all human affairs in the old World long evinced was traveling fast to the new, which once was wished to have been far distant.

On the causes of this great dismemberment of the Empire of Great Britain, by which her first great pillar has been removed and her late mighty fabrick shaken to the centre, may States and Kingdoms look with awe and tremble for themselves.

Nothing now remains but to enjoy the fruits of uninterrupted Constitutional Freedom, the more sweet and precious as the tree was planted by virtue, raised by the Toil and nurtured by the blood of Heroes. To you, Gentlemen, the representatives of this free, Sovereign and Independent State, belongs the Task, that in sheathing the Sword, you soften the horrors and repair those ravages which war has made with a skillful hand, and thereby heal the wounds of your bleeding Country. Our late revolted Citizens who, through ignorance and delusion, have forfeited their lives but are endeavouring to expiate their crimes by new proofs of fidelity, have fresh claims to your Clemency on this happy occasion.

No longer distress the Judicial and Executive Powers of Government

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with the Trial and Execution of wretches beneath the notice of the State. The Majesty of the Treason law should look down on principal offenders. I therefore recommend that an act of pardon and oblivion be passed for this class of men, with certain exceptions of those who have committed crimes out of the military line, at the same time that you protect and guard our worthy and deserving officers from the prosecutions of malevolence and revenge, who in the path of duty for the public defence were compelled to act not strictly justifiable by the rules of Law.

In pursuance of a Resolution of the last General Assembly, recommending to me to negotiate with the British Commander in Charlestown Exchanges of our Militia and other Citizens of the State in Captivity with the Enemy, late at that place for such of our disaffected Inhabitants guilty of Military offences only, I am happy to inform you that the same have been effected and our late suffering people restored to their friends and families.

I present you with a talk which has been addressed to me from one of the chiefs of the Cherokees in behalf of himself and all the Warriors of the friendly towns, praying that their lands be ascertained by proper Bounds and protected from intrusion, and that a lasting Peace and intercourse be established between them and us, also two Letters from his Excellency the Governor of Virginia on this subject, enclosing two talks from the Cherokees and Chickasaws, requesting the same favour from that State and his interposition in their behalf to procure them Peace and amity with us and our Inhabitants. His Excellency of Virginia and myself have agreed to submit the transaction of Indian affairs to the General Assemblies of our respective States, that whatever Treaty be held or compact formed with these tribes of Indians the same be conducted under Legislative authority.

Gentlemen of the Honourable the Commons:

Your public accounts remaining yet unsettled, your quotas of the Continental debt unpaid, and no provision made to discharge the same, demand your serious attention. The Requisitions of Congress and the Importunities of the financier on this interesting subject I lay before you. However, on this fortunate change of our affairs new arrangements and plans of finance no doubt will be adopted by Congress that may greatly alleviate our burthen.

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The Provision made for the support of the civil list of Government has not yet answered the expectations of the Legislature. Some collections of the tax not being made by reason of some of the persons appointed not accepting the trust, and those who have accepted not accounting for their collections, your further interposition on this business will be absolutely necessary.

Gentlemen of the Honourable the General Assembly:

Several of your Laws, late passed in hurry, Tumult and confusion call for immediate revision and amendment. General and vague expressions have often embarrassed and led the Courts of Law into Error, by which the public, as well as individuals, have been greatly injured. By adjusting your Laws into some regular system of jurisprudence, you give stability to the Government and to the Citizen greater protection and security of his life and property. Let the Laws henceforth be our sovereign when stamped with prudence and wisdom, let them be riveted and held sacred next to those of Deity.

I scarce need mention that a general Reform is wanting in almost all the offices of State at this Crisis. Neglect of Duty, abuses of power, Disobedience of Laws, your monies unaccounted for, and public credit almost sunk, all call for your authority and correction. These have weakened the springs of government and relaxed their vigor. Ways and means must be devised by your wisdom to quicken the movements into regularity and firmly combine the powers, that they all act together for the General Good. Happy will be the people, and happy the administration, when all concerned therein contribute to this great end.

ALEX. MARTIN.

Ordered that the address from His Excellency the Governor, with the papers accompanied by it, be referred.

Received from the Senate a Bill for altering the mode of entering up Judgment on Judgment Bonds and other obligations for debts negotiable and assignable.

A Bill for the appraisement of property taken by execution. Endorsed in Senate, 19 April, 1783, Read the first time and passed.

The House adjourned till Monday morning 10 o’clock.

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Monday, 21 April, 1783.

The House met according to adjournment.

Mr. Micajah Thomas, one of the members for Nash County, Mr. Phil. Hawkins, one of the members for Granville County, Mr. Benjamin Herndon & Mr. Wm. Lenoir, the members for Wilkes County, Mr. Patrick Travis, one of the members for Cumberland County, and Mr. Samuel Cain, one of the members for Bladen County, appeared, were qualified and took their seats.

Received from His Excellency the Governor the following message:

To the Honourable the General Assembly:

Gentlemen:

I send herewith the resignation of John Spicer, Esquire, late Judge of the Court of Admiralty pro tem. for port Brunswick, appointed in the room of John A. Campbell, Esquire, resigned.

Ordered that the said message of resignation be sent to the Senate.

Received from the Senate a Resolve allowing Wm. Moore thirty Barrels Corn, also a resolve allowing Philip Thomas fifteen Barrels corn, which being read were concurred with and returned to the Senate.

Received from the Senate a Resolve allowing James Iredell, Esq., late Attorney-General, the sum of one hundred and twenty pounds specie, which being read was concurred with and returned to the Senate.

Received from the Senate a bill to prevent frauds being committed by private gifts. Endorsed in the Senate 21 April, 1783, Read the second time, amended and passed.

Ordered that the following message be sent the Senate:

Mr. Speaker and Gentlemen:

We propose making election of the Governor of this State for the present year, of the Secretary and of the Continental Delegates on Friday next, and propose that the election shall begin at 3 o’clock in the afternoon. If this proposition should meet your approbation, please to signify it to us by message. We put in nomination for Governor Richard Caswell, Alexander Martin, Griffith Rutherford and Samuel Johnston, Esquires; for Continental Delegates, Hugh

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Williamson, Abner Nash, Richard Dobbs Spaight, Benj. Hawkins, Alexander Martin, Adley Osborne and Richard Caswell, Esquires, and for Secretary of State James Glasgow, Esquire.

Mr. Avery moved for leave and presented a bill for building a Court House and Prison for the District of Morgan and for laying out a town at the said Court House, which was read the first time, passed and sent to the Senate.

Mr. Person moved for leave and presented a bill to enforce the attendance of Jurors of the Superior Courts of Law in this State, to provide for their subsistence when attending and also to ascertain the pay of Witnesses attending the said Courts, which was read the first time, passed and sent to the Senate.

Mr. Cumming moved for leave and presented a bill to amend an act passed at Hillsborough the —— day of May, in the year 1782, entitled an act for the relief of persons who have suffered or may suffer by their deeds and mesne conveyances not being registered within the times heretofore appointed by Law, which was read the first time, passed and sent to the Senate.

Mr. Avery moved for leave and presented a bill to incorporate Trustees for two Academic Schools in the District of Morgan, which was read the first time, passed and sent to the Senate.

Mr. Avery presented a Petition from a number of the Inhabitants of Washington County, praying a division thereof. Mr. Avery presented a bill agreeable to the prayer of the said Petition, which was read the first time, passed and sent to the Senate.

Received from His Excellency the Governor the following message:

To the Honourable the General Assembly:

Gentlemen:

I send you herewith sundry Petitions in favour of persons under sentence of death for high Treason, to-wit, from Burke and Ruth-Rutherford Counties, in behalf of Joseph Lacefield & John Thompson, convicted at Morgan Superior Court, March term last, to be executed the 16th of May; from Salisbury, in behalf of Azel Cross, convicted at Salisbury in March Term last; from Orange, in behalf of John Johnston, convicted at Hillsborough last April term, together with a Petition in behalf of Dennis Trammel under sentence of Death in Salisbury Gaol for robbery, to be executed the time aforesaid.

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The Executive has been distressed with a number of wretches condemned heretofore for Treason, who, on enquiring into their particular cases, have thought them beneath the notice of public justice and have generally pardoned them on their enlisting into the Continental service for Eighteen months. As prosecutions of this kind are daily carried on and the Courts of Justice worried with them, I beg the sense of the Honorable the Legislature, as the Supreme Council of the State, with regard to the above persons, also request that some Law be passed that the Judicial and Executive powers of Government be directed how to conduct themselves in future towards this class of People.

ALEX. MARTIN.

Resolved, that it be recommended to His Excellency the Governor to grant a pardon of their several offences to Joseph Lacefield, Asel Cross, Dennis Trammel, Isham Young, John Walbert, John Thompson, William Simpson and John Johnston, who are each of them now under sentence of death, and who have been severally recommended to his Excellency as objects deserving of Clemency, some of them by the judges and Juries present at their conviction and others by sundry Gentlemen of reputable characters who are personally acquainted with them and their former conduct in life.

Ordered that the above resolve be sent to the Senate for concurrence. Ordered that the message from His Excellency the Governor be also sent to the Senate.

Resolved, that the bill for the appraisement of property taken by execution be read tomorrow morning the second time.

The House adjourned till 4 o’clock P. M.

The House met according to adjournment.

Mr. Thomas Reading and William Lane, the members for Pasquotank County, and James Gillispie, one of the members for Duplin County, appeared, were qualified and took their seats.

Received from the Senate a Bill for dividing Washington County into two distinct Counties and erecting a County by the name of ———; a Bill to incorporate Trustees for two Academical Schools in the District of Morgan; a Bill to amend an act passed at Hillsborough the——day of May, in the year 1782, entitled an act for the relief of persons who have suffered or may suffer by their deeds

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and mesne conveyances not being registered within the time heretofore appointed by Law; a Bill to enforce the attendance of Jurors of the Superior Courts of Law in this State, to provide for their subsistence when attending and also to ascertain the pay of Witnesses attending the said Court; a bill for building a Court House and Prison for the District of Morgan and for laying out a town at the said Court House. Endorsed in Senate 21 April, 1783, Read the first time and passed.

Received from the Senate a Resolve allowing Mrs. Mary Murphey of Rowan County an annuity of ten pounds specie, which being read was concurred with and returned to the Senate.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

This House agree to the proposal of yours for balloting for a Governor, &c., as to the time and nomination, and propose that the balloting shall be conducted at the Church, and appoint on their part Messrs. Coor and Ramsey to superintend the same.

Received from the Senate the Petition of Richard Cogdell, endorsed, referred to Col. Easton, Col. Lane and Genl. Rutherford on the part of the Senate, which being read was referred to Mr. H. Macon, Mr. Herritage, Mr. Lock, Mr. Blount & Mr. Person on the part of this House & returned to the Senate.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The resolve of your House of this day recommending to his Excellency the Governor to grant pardons to certain persons therein named, now under sentence of death, we have concurred with and caused the same to be handed the Governor.

Resolved, that John Haywood be allowed the sum of sixteen pounds specie for attending at the Court of Oyer and Terminer, held for the District of Halifax in the month of August in the year 1781, as Clerk of the said Court, that the treasurers or either of them or any one of the Collectors of public money pay him the same and be allowed therefor in the settlement of their accounts.

Ordered that the above resolve be sent to the Senate for Concurrence.

Received from the Senate a resolve appointing Nathaniel Allen, Michael Payne & Alexander Black to examine the claims and

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liquidate the accounts of Capt. Borritz, agent, &c., & make report thereof to the next Assembly, which being read was concurred with and returned to the Senate.

Mr. John Macon moved for leave and presented a bill for levying a tax of —— shillings specie on every hundred pounds value of taxable property in the County of Warren for the purpose of building a Court House, Prison and Stocks for the use of the said County, which was read the first time, passed and sent to the Senate.

The House adjourned till tomorrow morning 9 o’clock.


Tuesday, 22 April, 1783.

The House met according to adjournment.

Received from the Senate a bill for levying a tax of —— shillings specie on every hundred pounds value of taxable property in the County of Warren for the purpose of building a Court House, Prison and Stocks for the use of the said County. Endorsed in Senate 21 April, 1783, Read the first time and passed.

Resolved, that Mr. William Bryan and Mr. Phil Hawkins be added to the Committeee of Privileges and Elections.

Read the Petition of John Willis of Bladen County, complaining of an undue election of members to represent the said County in this House, whereupon resolved, that the said Petition be referred to the Committee of Privileges and Elections.

Received from the Senate a Resolve allowing John Benton of Wake County an annuity of ten pounds specie for five years, which being read was concurred with and returned to the Senate.

Received from the Senate a resolve requesting His Excellency the Governor to lay before the General Assembly the Journal and proceedings of the Council of State, which being read was concurred with and returned to the Senate.

On reading the recommendation of Nash Court in favour of Josiah Bunn, a soldier who was wounded in the service of his Country, Resolved, that the said Josiah Bunn be allowed the sum of twenty-five pounds specie, that the Treasurers or either of them pay him the same and be allowed.

Ordered that the above resolve be sent to the Senate for concurrence.

Resolved, that Mary Hudson, a poor widow, whose husband was lately killed in the service of this State, be allowed for her present

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subsistence the sum of twenty pounds specie, that the Treasurers or either of them pay her the same and be allowed in the settlement of their public accounts.

Ordered that the above resolve be sent to the Senate for Concurrence.

Resolved, that the Auditors of Halifax District be directed to credit Matthew Rabun, late Commissioner of specific supplies for the County of Halifax for such quantities of Corn and other provisions as they may reasonably suppose from the depositions of credible persons that the British troops took from him.

Ordered that the above resolve be sent to the Senate for concurrence.

Resolved, that Col. Hawkins, Mr. Gillispie & Mr. Blount be appointed a Committee to act jointly with such Gentlemen as the Senate shall appoint to settle and liquidate the claims of Mr. Avery, late Attorney-General of this State.

The order of the Day, for reading for the second time the bill for the appraisement of Property, being called for and read, Resolved, that the said bill be committed to Mr. Maclaine, Mr. Avery, Mr. Blount and Mr. Cumming.

Read the Petition of Bazell Smith. Resolved, that the same be referred to a joint Committee, that Mr. Spaight, Mr. Person and Mr. Geddy be a Committee on the part of this House.

Received from the Senate the Petition of Simon Jeffreys, endorsed referred to a joint Committee, the members chosen, Mr. Moore, Mr. Foster, Mr. Campbell & Mr. Brickell, which being read, Resolved, that Mr. Maclaine, Mr. Cumming, Mr. Horn and Mr. H. Macon be a Committee on the part of this House to act with the Gentlemen above appointed by the Senate.

Received from the Senate the Memorial of John Dickey and William Sharpe, Executors of the last will and Testament of Brigadier General Davidson, decd. Endorsed, Referred to a joint Committee, the members chosen, Genl. Rutherford, Mr. Hill and Mr. Coor.

Resolved, that Mr. Phifer, Mr. Avery, Genl. Bryan, Mr. D. Wilson & Mr. Herndon be a Committee on the part of this House for the above purpose.

Received from the Senate the resolve allowing John Haywood sixteen pounds specie in lieu of a resolve of this House of yesterday

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allowing him that sum, which being read was concurred with and returned to the Senate.

Mr. Gillispie, from the Committee appointed by an act of the last General Assembly to examine the claims of Thomas Clark and others against the estate of James Murray, delivered in a report, which being read, Mr. Gillispie moved for leave and presented a bill to enable Thomas Clark and other persons therein named to take possession of certain lands, goods and chattels, late the property of James Murray, and to vest in them an absolute indefeasible title to the same, which was read the first time, passed and sent to the Senate.

Mr. James Howard, one of the members for Onslow County, appeared, was qualified and took his seat.

Mr. Wm. Bryan moved for leave and presented a bill to amend an act entitled an act concerning servants and slaves, which was read the first time, passed and sent to the Senate.

Mr. Lenoir moved for leave and presented a bill to enforce the attendance of the members of the General Assembly at the times which may hereafter be appointed for the meetings thereof, which was read the first time, passed and sent to the Senate.

Received from His Excellency the Governor the following messages:

To the Honorable the General Assembly:

Gentlemen:

I beg leave to draw your attention to an address presented in behalf of the State by the Honourable the Messieurs Williamson and Blount, our Delegates in Congress, to the Minister of France, congratulatory on the birth of a Dauphin, as the Delegates without your instructions, which they could not obtain, thought it their duty for the honor of the State to present their congratulations on so great an Event, and the very favourable reception the same has met with from the Court of France. Permit me to suggest it may not be improper that the said address receive the sanction of the Legislature and some return made for the affection His most Christian Majesty is pleased to assure the Inhabitants of North Carolina, and the particular Interest he will constantly take in their prosperity.

ALEX. MARTIN.
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Ordered that the same be referred to the joint Committee appointed to report what bills are necessary to be passed into Laws this Session, & that they prepare an address in answer to the subject matter contained in the said message and report the same.

Received from the Senate a bill to enforce the attendance of the Members of the General Assembly at the times which may hereafter be appointed for the meetings thereof. Endorsed in Senate 22 April, 1783, Read the first time and passed.

Mr. Hawkins moved for leave and presented a bill to amend an act passed at New Bern the 15th day of November, 1777, for making provision for the poor and other purposes, which was read the first time, passed and sent to the Senate.

Mr. Martin moved for leave and presented a bill to regulate and ascertain the fees of Justices of the Peace in this State, which was read the first time, passed and sent to the Senate.

Resolved, that the bill for altering the mode for entering up Judgment on Judgment Bonds, &c., be read tomorrow the second time.

Received from the Senate a Resolve allowing Josiah Bunn of Nash County Twenty-five pounds specie; a Resolve authorizing the Auditors of Halifax District to credit Matthew Rabun for specificks taken by the British; a Resolve allowing Mary Hudson Twenty pounds specie. Endorsed in Senate 22 April, 1783, Read and concurred with.

Received from the Senate a bill to amend an act entitled an act concerning servants and slaves; a Bill to enable Thomas Clark and other persons therein named to take possession of certain lands, Goods and Chattels, late the property of James Murray, and to vest in them an absolute indefeasible title to the same. Endorsed in Senate 22 April, 1783, Read the first time and passed.

Received from the Senate the Petition of Bazell Smith. Endorsed in Senate 22 April 1783, Read and referred to Mr. Lane, Mr. Spicer, Mr. Coor & Mr. Campbell.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

This House have appointed General Rutherford, Mr. Hill, Mr. Kenan & Mr. Battle a Committee who will act jointly with such Gentlemen of your body as may be appointed to examine and

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report on the accounts of the late Governors of this State, the accounts of the Delegates and such accounts of the State and district Auditors as shall be exhibited to them.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House have appointed Mr. John Blount, Mr. Whitaker, Mr. Person, Mr. Gillespie, Mr. Lock, Mr. Skinner and Mr. Lenoir to act with the Gentlemen by you appointed to examine and report on the accounts of the late Governor of this State, &c.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

This House have received the resolve of yours appointing a joint Committee to settle the accounts of Mr. Avery, with which they do not concur, but propose that the settlement of the accounts be referred to the Committee appointed to examine and report on the accounts of the late Governor, &c.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons agree to refer the settlement of Mr. Avery’s accounts as by you proposed.

Received from His Excellency the Governer the following message:

To the Honorable the General Assembly:

Gentlemen:

I do myself the honor to lay before you the principal official Letters received since the last meeting of the Legislature, to-wit, from the President of Congress, Ministers for foreign Affairs, Secretary of War, Financier, Delegates and General Greene, together with copies of the same, registered in book Vol. 1st, also copies of the answers to said Letters in Book Vol 2d. You also have here the Journal of the Council of State.

ALEX. MARTIN.

Ordered that the above message, together with the Letters, &c., therein referred to, be referred to the joint Committee appointed to report what bills are necessary to be passed into laws during this Session.

Ordered that the above message, Letters, &c., be sent to the Senate.

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Received from His Excellency the Governor the following message:

To the Honorable the General Assembly:

Gentlemen:

I send you herewith the account of the Marquis of Bretigny, late agent of this State in Martinique, with his address to the Government of the French Windward Islands and to the Minister of Marine in France touching his agency, with other papers relative thereto. The great attachment this gentleman of France has discovered for the Liberties of America, and his zeal to serve this State in particular in the hour of danger, justly entitle him to particular attention from the Legislature, that his account be adjusted and he reimbursed the sums of money due to him, that his credit be supported, which he has pledged for the State, now likely to suffer without your interposition.

The Goods imported by him were delivered to the agent of the North Carolina line, who distributed the same to the officers in Camp under General Greene, then in great distress.

ALEX. MARTIN.

Resolved, that the papers, &c., referred to in the above message be referred to a joint Committee, that Mr. Montfort, Mr. Person & Mr. Wm. Blount be a Committee on the part of this House for that purpose.

Ordered that the said message and papers therein referred to be sent to the Senate.

Read the Petition of John Simpson, Esq., of Pitt County. Ordered that the same be referred to a joint Committee, that Mr. Brickell, Mr. J. Blount and Mr. J. Macon be a Committee on the part of this House for that purpose.

Ordered that the said Petition be sent to the Senate.

Mr. Blount moved for leave and presented a bill to abolish the Jurisdiction of the Court of Admiralty in the port of Currituck, which was read the first time, passed and sent to the Senate.

Mr. Montfort moved for leave and presented a bill for regulating the town of Halifax, which was read the first time, passed and sent to the Senate.

Received from the Senate a bill to regulate and ascertain the fees of Justices of the Peace in this State; a Bill to amend an act passed

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at New Bern the 15th day of November, 1777, for making Provision for the poor and other purposes. Endorsed in Senate 22 April, 1783, Read the first time and passed.

Received from the Senate the message from His Excellency the Governor relative to the address from Messrs. Williamson and Blount on the birth of a Dauphin. Endorsed in Senate, Referred as by the House of Commons.

Mr. Abraham Bledsoe and Mr. William Cage, the Members for Sullivan County, Mr. Edward Winslow, one of the members for Cumberland County, and Mr. Francis Lucas, one of the members for Bladen County, appeared, were qualified and took their seats.

Resolved, that Robert Jermain be allowed the sum of thirty-six thousand pounds, or the equivalent thereof, in Gold or Silver, in case the Currency cannot be procured, for a certain negro fellow condemned by a Court called for the purpose of trying him for the offence of murder in Jones County, and valued by the said Court according to the directions of an act of Assembly concerning the trial of such offenders, and that the Treasurers of this State or any of them pay him the same and be therefore allowed in the settlement of their public accounts.

Ordered that the above resolve be sent to the Senate for concurrence.

The House adjourned till tomorrow morning 9 o’clock.


Wednesday, 23 April, 1783.

The House met according to adjournment.

Mr. Harper moved for leave and presented a bill for appointing Commissioners to fix on a place to build a Court House, Prison and stocks in the County of Randolph and for other purposes, which was read the first time, passed and sent to the Senate.

Read the Petition of Robert Forster and the Claim of Daniel Waggoner for certificates issued by the Board of Auditors, which they by accident lost. Ordered that the same be referred to the joint Committee appointed to report on the Petition of John Simpson.

Mr. H. Macon moved for leave and presented a bill for levying a tax of——shillings specie on every hundred pounds value of taxable property in the County for the purpose of building a Court

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House, prison and stocks, which was read the first time, passed & sent to the Senate.

Resolved, that Wm. Maclaine of Rowan County be allowed the sum of twenty-five pounds specie yearly during his life as a recompence for his having been disabled by a wound received in the service of this State from procuring his own subsistence.

Ordered that the above resolve be sent to the Senate for concurrence.

The bill to incorporate Trustees for two academical schools in the district of Morgan was read the second time, amended, passed and sent to the Senate.

The bill to amend an act entitled an act concerning servants and slaves was read the second time, passed and sent to the Senate.

Received from the Senate a Bill for appointing Commissioners to fix on a place to build a Court House, prison and stocks in the County of Randolph and for other purposes; a Bill for regulating the town of Halifax; a Bill for levying a tax of —— shillings specie on every hundred pounds value of taxable property in the County of Franklin for the purpose of building a Court House, prison and stocks; a Bill to abolish the jurisdiction of the Court of Admiralty in the port of Currituck. Endorsed in Senate 23 April, 1783, Read the first time and passed.

Mr. Jordan moved for leave and presented a bill to encourage John and James Bonner, jun., of Beaufort County to clear and make a road through the great Swamp and marsh on the south side of Pamlico River opposite the town of Washington, which was read the first time, passed and sent to the Senate.

The Bill for altering the mode of entering up Judgment on Judgment Bonds and making all Bonds and other obligations for debt negotiable and assignable was read the second time and rejected.

Received from the Senate the Petition of Catharine Shaver. Endorsed in Senate 23 April, 1783, Read and referred to the Committee to whom was referred the Petition of John Simpson.

Ordered that the said Petition be read. The same being read was referred on the part of this House to the said Committee & returned to the Senate.

Received from the Senate the following message:

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Mr. Speaker and Gentlemen:

Herewith is sent the resignation of Henry Horn, Esquire, first Major of the Edgecomb Regiment of Militia, and likewise the resignation of William Wynns, Esquire, as Justice of the Peace for Hertford County, respectively, accepted by this House. We are of opinion that Captain Ethelred Phillips be appointed first Major and Captain James Wilson second Major of said Regiment. Should this be agreeable to you we will cause that their appointment be entered in the proper Book.

Resolved, that this House do accept of the resignations above alluded to and accede to the appointment of officers in Edgecomb County.

Ordered to be sent to the Senate.

Received from the Senate a resolve allowing Dr. Andrew Fullwood sixteen pounds specie, which being read was concurred with and returned to the Senate.

Received from the Senate the resolve of this House allowing Robert Jermain the sum of thirty-six thousand pounds or the equivalent in specie, also the resolve allowing Wm. McLaine twentyfive pounds specie yearly during his life. Endorsed in Senate 23 April, 1783, Read and concurred with.

Received from the Senate a bill to encourage John and James Bonner, jun., of Beaufort County to clear and make a road through the great swamp and marsh on the south side of Pamlico River opposite the town of Washington. Endorsed in Senate 23 April, 1783, Read the first time and passed. A Bill to amend an act entitled an act concerning servants and slaves; a Bill to incorporate Trustees for two academical Schools in the District of Morgan. Endorsed in Senate 23 April, 1783, Read the second time, amended and passed.

The Bill to regulate and ascertain the fees of Justices of the Peace in this State was read the second time and rejected.

Resolved, that the Comptroller General of this State immediately lay before this General Assembly all papers and accounts by him liquidated, and also all accounts stated on behalf of this State since his appointment to the office of Comptroller.

Received from the Senate the Petition of John Simpson. Endorsed in Senate, Referred to Col. Wade, Mr. Williams and Col. Armstrong.

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Received from the Senate the Petition of Robert Forster. Endorsed in Senate, Referred to the Committee to whom the Petition of John Simpson was referred.

On reading the said Petition, ordered that it be referred on the part of this House to the said Committee.

Mr. Martin moved for leave and presented a Bill to repeal part of an act passed at New Bern in the year 1778, entitled an act to regulate and ascertain the fees of the clerks of the Superior and County Courts, Justices of the Peace and Attorneys in this State, and directing the method of paying the same and other purposes, which was read the first time, passed and sent to the Senate.

Received from the Senate a Bill to amend an act passed at Halifax in November, 1779, entitled an act to prevent persons from stopping the passage of fish up Tar River and Dan River. Endorsed in Senate 23 April, 1783, Read the first time and passed.

Received from the Senate a message accompanied by the several Letters and public papers laid before the Assembly by his Excellency the Governor. Endorsed in Senate, Referred as by the House of Commons.

Received from the Senate the message from His xcellency the Governor relative to the account of the Marquis of Bretigney. Endorsed in Senate 23 April, 1783, Referred to Col. Lane, Col. Ramsey & Col. Hill.

Mr. Cumming moved for leave to withdraw from the possession of the House a Bill to abolish the jurisdiction of the Court of Admiralty in Port Currituck. Ordered that he have leave accordingly.

The bill to amend an act passed at Halifax in November, 1779, entitled an act to prevent persons from stopping the passage of fish up Tar River and Dan River, was read the first time, passed and sent to the Senate.

The House adjourned till 3 o’clock P. M.

The House met according to adjournment.

Resolved that the bill to enable Thomas Clark and other persons therein named to take possession of certain lands, Goods and Chattels, late the property of James Murray, and to vest in them an absolute, indefeasible title to the same, be read tomorrow for the second time.

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Resolved, that William Bryan of Craven County be allowed the sum of fifty pounds specie for a negro man slave killed in suppressing of Rebel Slaves, that the Treasurers or either of them pay him the same and be allowed in the settlement of their accounts.

Ordered that the above resolve be sent to the Senate for concurrence.

Mr. John Reed, one of the members for Perquimans County, appeared, was qualified and took his seat.

The Bill for levying a tax of —— shillings specie on every hundred pounds value of taxable property in the County of Warren for the purpose of building a Court House, Prison and Stocks for the use of the said County was read the second time, amended, passed and sent to the Senate.

Received from His Excellency the Governor the following messages:

To the Honorable the General Assembly:

Gentlemen:

I anticipated your message respecting my administration, but have it not in my power to comply with your request respecting the journal and its proceedings of the Council of State and the administration of the late Governor Burke, as they were laid before the last session of the Legislature. The late speaker of the Senate being concerned some time in that administration, the proceedings and journal of the Council during the same, with those of the Council in the time of the late Governor, were, as I am informed, presented together to the General Assembly.

ALEX. MARTIN.

To the Honourable the General Assembly:

Gentlemen:

Herewith I send you the Petition of Mr. John Fleetwood, praying redress.

ALEX. MARTIN.

Resolved, that the Petition of John Fleetwood be referred to a joint Committee, the members chosen, Mr. Harget, Mr. Winslow, Mr. McKinne and Mr. J. Macon on the part of this House.

Ordered that the said Petition be sent to the Senate.

The bill for building a Court House and Prison for the District

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of Morgan and for laying out a town at the said Court House was read the second time, passed and sent to the Senate.

Resolved, it is the sense of this House that it is proper for his Excellency the Governor to grant Commissions of promotion to the several officers of the late State Legion, which they have become entitled to by the resignation of Colonel Williams, according to the degrees of their several ranks, and that it be stated in such Commissions that the ranks of the officers promoted shall bear date from the 5th of November, 1781.

Ordered that the above resolve be sent to the Senate for concurrence.

Read the Petition of James Williams, praying, &c. Ordered that the same be referred to the Committee to whom was referred the Petition of John Simpson.

Received from the Senate a Bill for levying a tax of one shilling specie on every hundred pounds value of taxable property in the County of Warren for the purpose of building a Court House, Prison and Stocks for the use of said County; a Bill for building a Court House and Prison for the District of Morgan and for laying out a town at the said Court House. Endorsed in Senate 23 April, 1783, Read the second time, amended and passed.

Received from the Senate the Petition of John Fleetwood. Endorsed, Referred to Mr. Spicer, Mr. McCullock and Mr. Mooring.

Resolved, that Benjamin Whitaker be allowed forty-four pounds eight shillings specie for thirty-seven days’ service as Clerk to the Board of Auditors for the District of New Bern in March and April, 1781.

Ordered that the above resolve be sent to the Senate for concurrence.

Received from the Senate the Resolve of this House for granting Commissions of promotion to the officers of the late State Legion. Endorsed in Senate 23 April, 1783, Read and concurred with.

Received from the Senate a Resolve impowering Henry Irwin Toole, Executor of Joseph Moore, late of Edgecomb, deceased, to pay into the hands of Green Hill, Esquire, Treasurer for the District of Halifax, such sums in currency as may have been recovered against him on account of his deficiency in the collection of public taxes, which being read was rejected.

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Received from the Senate the report of the joint Committee appointed to report what bills of General and public nature are necessary to be passed into laws this session, which being read was concurred with and returned to the Senate.

The bill for dividing Washington County1 into two distinct Counties and erecting a County by the name of Greene was read the second time, amended, passed and sent to the Senate.

The House adjourned till tomorrow morning 9 o’clock.


Thursday, 24 April, 1783.

The House met according to adjournment.

Received from His Excellency the Governor the following message:

To the Honourable the General Assembly:

Gentlemen:

I herewith send you sundry Petitions in favour of Jacob Graves, who is now under sentence of death in Hillsborough Gaol for high Treason, who is to be executed the 16th of May. I request the sense of the Honourable the General Assembly as to the fate of this person.

ALEX. MARTIN.

Resolved, it is the opinion of this House that Jacob Graves, now under sentence of death in the Gaol of Hillsborough, is a proper subject for the mercy of Government to be exercised upon and that it would be advisable for his Excellency the Governor to grant him a pardon for the particular offence of which he is convicted.

Received from the Senate the resolve of this House directing the Comptroller to lay before the General Assembly the accounts by him liquidated. Endorsed in Senate 23 April, 1783, Read and concurred with.

Mr. John Macon, from the joint Committee to whom was referred the Petition of John Simpson, reported as follows:

That it is their opinion the several Certificates as appears in said Petition to be lost ought not to be made good to said Simpson, because we conceive that Justice cannot be done individuals to make good such losses, the Certificates being payable to the bearer, and it is possible that the said certificates may have been transferred several times from one person to another.

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It further appears to your Committee that several other articles were lost at the same time, amongst which was a sum of specie which appears to be now in possession of said Simpson. All which is submitted.

J. MACON, Ch.

The House taking the said report into consideration concurred therewith. Ordered that the same be sent to the Senate.

Read an address and the Instructions of the freemen of Duplin County. Ordered that the same be referred to the Committee appointed to report what bills are necessary to be passed into Laws this Session.

The order of the Day, for reading for the second time the Bill to enable Thomas Clark and other persons therein named to take possession of certain lands, goods and chattels, late the property of James Murray, and to vest in them an absolute indefeasible title to the same, being called for and read, the bill, according to order, was read the second time, amended, passed and sent to the Senate.

The Bill to incorporate Trustees for two Academical Schools in the district of Morgan was read the third time, passed and sent to the Senate.

Received from the Senate the bill for dividing Washington County into two distinct Counties and erecting a County by the name of Greene; a Bill to amend an act passed at Halifax in November, 1779, entitled an act to prevent persons from stopping the passage of Fish up Tar River and Dan River. Endorsed in Senate 24 April, 1783, Read the second time and passed.

Received from the Senate the resignation of William McCullers as a Justice of the Peace in the County of Johnston and the resignation of Samuel Smith as Col. Comt. of the said County, which being read were accepted of respectively.

Received from the Senate the Resolve of this House allowing William Bryan the sum of fifty pounds specie. Endorsed in Senate 24 April, 1783, Read and concurred with.

Received from the Senate the Petition of James Williams. Endorsed in Senate 24 April, 1783, Read and referred as by the Commons.

Received from the Senate the account of Samuel Johnston, Esquire, late a delegate from this State in Congress, endorsed in

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Senate 24 April, 1783, read and referred to the Committee appointed to report on the accounts of the late Governors, Delegates, &c., which being read was ordered to be referred on the part of this House to the said Committee.

Received from His Excellency the Governor the following message:

To the Honorable the General Assembly:

Gentlemen:

I present you with the Memorial of William Henry Van Hasset, Citizen and Merchant of the City of Amsterdam in the United Provinces of the Netherlands. I request the attention of the Honourable the Legislature to the Commercial proposals of this Gentleman, the subject of so respectable an ally as the States General.

ALEX. MARTIN.

On reading the message from His Excellency the Governor, accompanied by a Letter and Memorial from William Henry Van Hasset, Esquire, a Citizen of the United Netherlands,

Resolved, that his Excellency be requested to give Mr. Van Hasset and all others, the citizens of the United Netherlands in the name of the State, assurances of every encouragement for which he may wish consistent with the Laws in the prosecution of his schemes of improvement and commerce in this Country.

Resolved, that the Treasurers be and they are hereby directed and authorized to receive in payment of taxes for the year 1782 the certificates issued for clothing furnished to the last raised eighteen months men.

On the question, will the House enter into this resolve or not, it was objected to and proposed that the certificates alluded to in the above resolve should be confined to the payment of the threefourths of the tax to be collected, and carried in the affirmative, 34 to 29.

The yeas and nays being required by Mr. J. Wilson, are as follows, vizt.: Yeas, Messrs. Gillispie, Gee, Howard, McKinne, Moy, Clinton, Caswell, Whitfield, Kennon, Skinner, Horn, Walters, Turner, Harget, Harper, J. Blount, Jordan, M. Jones, W. Blount, Brown, Vaughan, Cumming, Jeffreys, Ward, H. Macon, Ferebee, R. McLean, Archd. Maclaine, Wm. Bryan, Thomas, Cain, P. Hawkins,

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Cage, Reed—34. Nays, Messrs. Geddy, Mebane, Montfort, Lock, Barrier, Bond, Avery, Bryan, Herritage, Whitaker, Diggs, Sanders, Randal, Shelton, J. Macon, J. Wilson, B. Jones, Nunan, Person, Martin, Leak, Aulds, Jackson, Lenoir, Herndon, Reading, Land, Bledsoe—28.

Wherefore resolved in the affirmative.

Mr. Montfort moved for leave and presented a bill for levying a tax on every hundred pounds taxable property in the district of Halifax for repairing the district Court House and Gaol of said district, which was read the first time, passed and sent to the Senate.

Received from the Senate a Bill to vest the title of a piece or parcel of land lying in Camden County in Isaac Guilford and his Heirs in fee-simple. Endorsed in Senate 24 April, 1783, Read the first time and passed.

Resolved, that the bill to enforce the attendance of members of the General Assembly, &c., be read tomorrow morning for the second time.

Received from the Senate the Petition of General Butler & the Petition of David Dodd, endorsed referred to the Committee to whom was referred the Petition of John Simpson, Esquire, which being read was referred on the part of this House to the said Committee.

Received from the Senate the resolve of this House for extending mercy to Jacob Graves, now under sentence of death in Hillsborough Gaol. Endorsed in Senate 24 April, 1784, Read and concurred with.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

With this you will receive the report of the joint Committee to whom was referred the Petition of Simon Jeffreys, Esquire, with which we do not concur, but propose that his Petition be recommitted.

On reading the report of the Committee above referred to, Resolved that it be recommitted.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

This House have received the resolve of yours allowing Mr. Benjamin Whitaker a certain sum therein mentioned for his services

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as Clerk of the Board of Auditors for the district of New Bern, with which they do not concur, but propose that Mr. Whitaker’s Claim for this service be reported on by the Committee to whom was referred the Petition of John Simpson, Esquire.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons agree that the report on the Petition of Mr. Jeffreys be recommitted, and also agree to the proposition of the Senate relative to Mr. Whitaker’s Claim.

The Boards of Auditors in this State have lately been embarrassed with respect to the making allowances to Militia officers for subsistence money and pay for extra rations retained, there being clauses in the Militia Law which seem to countenance such allowances to decide these doubts. We propose referring this subject to the decision of a joint Committee of both Houses, who are to report their opinions thereon. The Gentlemen appointed on behalf of this House are Messrs. Spaight, Avery, D. Wilson, W. Blount, Thomas, Lenoir and Horn.

Received from Richard Caswell, Esquire, Comptroller, the following address:

To the Honorable the General Assembly:

Gentlemen:

In pursuance of a Resolution of the General Assembly of yesterday I lay before you all the accounts by me liquidated, with such of the books and papers as it was practicable for me to bring up. I beg leave to refer you to a Book Containing copies of certificates by me granted to the several accountants, whereby the settlements are explained, and I presume will be best understood. Capt. Child, the first clerk in the office, will wait on the Honorable the House of Commons with the Books and papers and will be able to explain any matters relative to the accounts that the House shall be pleased to require.

R. CASWELL.

The House adjourned till tomorrow morning 9 o’clock.


Friday, 25 April, 1783.

The House met according to adjournment.

Mr. Thomas Alderson, one of the members for Beaufort County, and Mr. James McDonald & Mr. Mark Allen, the members for Montgomery, appeared, were qualified and took their seats.

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Mr. Turner moved for leave and presented a bill for establishing a public school in the County of Onslow and for other purposes, which was read the first time, passed and sent to the Senate.

The bill for levying a tax of one shilling specie on every hundred pounds value of taxable property in the County of Franklin for the purpose of building a Court House, Prison and Stocks was read the second time, amended, passed and sent to the Senate.

The bill for building a Court House and Prison for the district of Morgan and for laying out a town at the said Court House was read the third time, amended, passed and sent to the Senate.

Received from his Excellency the Governor the following message:

To the Honorable the General Assembly:

Gentlemen:

I lay before you orders from the Marine Office of the United States directed to all captains, &c., of armed vessels; also a letter from the Financier, wherein a Continental Comptroller is appointed for this State, together with a Letter from the Assistant Postmaster General.

Ordered that the letters referred to in the foregoing message be referred to the joint Committee appointed to report what bills are necessary to be passed into Laws this Session.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House agree to the proposal of the Senate in balloting for the Governor, Secretary and Continental Delegates at the Church, and we appoint on the part of this House Mr. John Macon & Genl. Person to superintend the balloting, and that the number of Delegates to Congress the ensuing year shall be four.

Mr. Gillispie moved for leave and presented a bill for dividing Duplin County, which was read the first time, passed and sent to the Senate.

The Bill for dividing Washington County into two distinct Counties and erecting a county by the name of Greene was read the third time, amended, passed & sent to the senate.

Received from His Excellency the following message:

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To the Honourable the General Assembly:

Gentlemen:

The Governor, with the advice of the Council, actuated with the principles of economy, from the small number and short duration of the State Legionary Troops, made an arrangement of the officers agreeable to what was thought the sense of the last Assembly, and did not draw into service the full Train of officers that would have been necessary had that Corps been completed agreeable to the act passed at Wake Court House. Since the resignation of Lieutenant-Colonel Williams several Gentlemen received their first appointments, to-wit., in May and June last, and some have withdrawn themselves from the service without resignation. This renders it somewhat difficult to adjust the promotion of that line at present. I am, however, ready to comply with the sense of the Honourable the General Assembly, but request their further pleasure as to the arrangement, that all the Gentlemen officers concurred and the public receive satisfaction. Whether those who have withdrawn themselves and not returned to the service be entitled to the promotion intended, whether those who have received their first appointments in May and June last are to have rank and draw pay from the first of November, whether those taken from the ranks and were substitutes receive full pay and whether all the Commissions are to be of longer duration than the tenth of January last, when that Corps were Generally discharged.

ALEX. MARTIN.

Ordered that the subject matter contained in the above message be referred to a joint Committee, that Mr. Blount, Mr. Lock, Mr. Maclaine and Mr. Person be a Committee on the part of this House for that purpose.

Received from the Senate a bill for levying a tax on every hundred pounds value of taxable property in the district of Halifax for repairing the Court House and Gaol of said district; a bill for establishing a public school in the County of Onslow and for other purposes. Endorsed in Senate 25 April, 1783, Read the first time and passed.

A bill for levying a tax of one shilling specie on every hundred pounds value of taxable property in the County of Franklin for

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the purpose of building a Court House, Prison and stocks. Endorsed in Senate 25 April, 1783, Read the second time and passed.

Received from the Senate the resolve of this House authorizing the Treasurers to receive certificates for clothing in payment of taxes, &c. Endorsed in Senate 25 April, 1783, Read and concurred with.

Received from the Senate the resolve allowing Miss Nancy Jones of Edenton the sum of seventy-five pounds specie for a negro slave executed and one other resolve allowing Henry Oneal the sum of seventy-five pounds specie for a negro slave executed, which being read were concurred with and returned to the Senate.

Received from the Senate the Petition of sundry of the Inhabitants of Rowan County, endorsed in Senate 25 April, 1783, read and referred to the Committee appointed to prepare and bring in bills of a public nature, which being read was referred on the part of this House to the said Committee.

Received from the Senate the following messages:

Mr. Speaker and Gentlemen:

General Rutherford, Mr. Harris, Mr. Dugan and Genl. McDowell will act with the Gentlemen by you appointed to prepare and bring in a report explanatory of the Militia Law as to the doubts by you alluded to.

Mr. Speaker and Gentlemen:

The Senate have added Mr. Hill to the joint Committee appointed to prepare and bring in such bills of a general and public nature as are necessary to be passed into Laws by the present Assembly and recommend to this Committee that they present such Bills without delay.

Received from the Senate the Petition of Ralph Miller, endorsed in Senate 25 April, 1783, referred to a joint Committee, the members chosen, Mr. McCullock, Mr. Bryan, Mr. Armstrong & Mr. Kenan, which being read was referred on the part of this House to a joint Committee, the members chosen, Mr. Gee, Mr. Montfort, Mr. Horn & Mr. Blount.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

It is likewise the sense of this House that the number of Delegates

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to represent this State in Congress the current year shall be four.

Received from the Senate the Governor’s message, with sundry Letters. Endorsed in Senate 25 April, 1783, Read and referred as by the House of Commons.

Also the Message relative to the officers of the State Legionary Corps. Endorsed in Senate 25 April, 1783, Read and referred to Col. Easton, Genl. Rutherford, Mr. McCullock & Genl. McDowell.

Received from the Senate the resolve of this House requesting His Excellency the Governor to give Mr. Van Hassett and others, citizens of the United Netherlands, encouragement, &c. Endorsed in Senate 25 April, 1783, Read and concurred with.

Received from the Senate the bill for dividing Duplin County; a Bill to repeal an act entitled an act to vest the property of a Bridge or causeway in Gideon Lamb, his Heirs and assigns, by him already built through the great dismal swamp from Lebanon to Camden County, for the term of twenty-five years. Endorsed in Senate 25 April, 1783, Read the first time and passed.

Received from the Senate the petition of John Archibald, endorsed in the Senate 25 april, 1783, read & referred to the Committee to whom was referred the petition of Ralph Miller, which being read was referred on the part of this House to the said Committee.

Mr. Person, from the Committee on Privileges and Elections, reported as follows:

Your Committee on Privileges and Elections have examined the Petition of Mr. Willis of Bladen County respecting the election of members of the Commons from that County, with depositions and other papers relative thereto, also the deposition of the sheriff and Inspectors, and are of opinion that, although the election was not conducted in every respect agreeable to Law, that the representatives returned should keep their seats. All which is submitted.

THO. PERSON, Ch.

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

The House adjourned until 3 o’clock P. M.

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The House met according to adjournment.

Mr. Person, from a joint Balloting for a Governor, Secretary and Delegates, reported:

That the Honourable Alexander Martin, Esquire, was elected Governor; James Glasgow, Esquire, Secretary; Hugh Williamson, Bejamin Hawkins, Abner Nash and Richard Dobbs Spaight, Esquires, Delegates, by a Majority of the votes of both Houses of the General Assembly.

The House taking the said report into consideration, Resolved that they do concur therewith.

Mr. Whitaker moved for leave and presented a bill for the preservation of Records, which was read the first time, passed and sent to the Senate.

The Bill for the regulation of the town of Halifax was read the second time, amended, passed and sent to the Senate.

The Bill for appointing Commissioners to fix on a place to build a Court House, Prison and Stocks in the County of Randolph and for other purposes was read the second time, amended, passed and sent to the Senate.

The bill for levying a tax of one shilling specie on every hundred pounds value of taxable property in the County of Warren for the purpose of building a Court House, Prison and Stocks for the use of said County was read the third time, amended, passed and sent to the Senate.

The Bill to encourage John and James Bonner, jun., of Beaufort County to clear and make a road through the great Swamp and marsh on the south side of Pamlico river, opposite the town of Washington, was read the second time, passed and sent to the Senate.

Mr. J. Macon, from the joint Committee appointed to take under consideration the petition of John Simpson and others, Reported as follows:

That it appears to your Committee that James Williams, Esquire, has accidently lost a certificate to the value of five thousand four hundred and eighty pounds currency for his attendance at a General Assembly at Halifax in February, 1781, and it doth not appear to your Committee that the certificate hath been actually destroyed, but may by some means come into the Treasury by

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some other person, Therefore, in justice to the public, no immediate allowance can be made the said Williams.

Your Committee also took under consideration the affidavit of Daniel Waggoner, whereby it appears that the said Waggoner was robbed of a certificate numbered 235 for the sum of twenty-three thousand six hundred & eighty-two pounds, dated June the 2d, 1781. Your Committee are therefore of opinion no immediate redress can be had.

Your Committee also took under consideration the Petition of Robert Forster, whereby it appears that he had destroyed by accident a Ticket for the sum of three thousand five hundred and thirty pounds currency, therefore are of opinion that the said sum be allowed him in consequence of the said certificate. All of which is humbly submitted.

J. MACON, Ch.

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

Ordered that it be sent to the Senate.

Resolved, that Mr. James Wilson have leave to absent himself from this House during this Session.

Resolved, that Mr. Person and Mr. Maclaine be a Committee to prepare and bring in an address to be presented His Excellency the Governor.

The several matters to this day referred being postponed the House adjourned till tomorrow morning 9 o’clock.


Saturday, 26 April, 1783.

The House met according to adjournment.

Mr. McDonald moved for leave and presented a bill for establishing the public Buildings at Henry Monogove’s, Esq., in the County of Montgomery, which was read the first time, passed and sent to the Senate.

The Bill for levying a tax of one shilling specie on every hundred pounds value of taxable property in the County of Franklin for the purpose of building a Court House, Prison and Stocks was read the third time, passed and sent to the Senate.

Mr. Jackson moved for leave and presented a bill for fixing on a place in the County of Anson for building a Court House, Prison

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and Stocks and for other purposes therein mentioned, which was read the first time, passed and sent to the Senate.

Mr. Jackson moved for leave and presented a bill for establishing a town on the land formerly belonging to William Best at the place where the road leading from Salisbury to the Cheraws crosses the road leading from Mask’s Ferry to Camden in Anson County, which was read the first time, passed and sent to the Senate.

Mr. Person, from the joint Committee appointed to examine the accounts of the late Governor of this State and others, reported as follows:

That they have examined the accounts of Richard Caswell, Esquire, former Governor, together with the vouchers, and find them very just, fair and correct as they stand stated and settled with the auditors of the District of New Bern, and that there appears to be a balance due to the said Richard Caswell, Esquire, of thirteen shillings and one penny specie.

THOMAS PERSON, Ch.

Mr. J. Blount moved for leave to withdraw the above account for the use of the Auditors that settled the same. Ordered that he have leave accordingly.

Resolved, that Mr. Patrick Travis have leave to absent himself from the service of this House during the session.

Recd. the Petition of a number of the Inhabitants of Nash County. Ordered that the same be referred to the joint Committee appointed to report such Bills as are necessary to be passed into Laws this session.

Benjamin Exum, Esquire, Treasurer for the District of New Bern, delivered in a State of the Treasury, which was read and sent to the Senate.

The order of the day, for reading for the second time the Bill to enforce the attendance of the members of the General Assembly at the time which may hereafter be appointed for the meetings thereof, being called for and read, the bill according to order was read the second time, amended, passed and sent to the Senate.

The Bill to amend an act entitled an act concerning servants and slaves was read the third time, amended, passed and sent to the Senate.

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The bill for levying a tax on every hundred pounds value of taxable property in the District of Halifax for repairing the Court House and Gaol of said District was read the second time, amended, passed and sent to the Senate.

Received from the Senate a bill for the relief of Thomas Clark and other persons therein named and to vest in them an indefeasible title to certain lands, hereditaments, goods, Chattels, rights and credits formerly the estate of James Murray, and to enable them to take possession thereof. Endorsed in Senate 26 April, 1783, Read the first time and passed.

Mr. Spaight moved for leave and presented a bill for ascertaining what property in this State shall be deemed taxable property, the method of assessing property and of collecting the public taxes, which was read the first time, passed and sent to the Senate.

Mr. Cage moved for leave and presented a bill to empower the Commissioners therein mentioned to erect and build a Gaol and Stocks on the land of John Yancey, whereon the Court House now stands in Sullivan County, which was read the first time, passed and sent to the Senate.

The bill to amend an act passed at Hillsborough the 12th day of May, in the year 1782, entitled an act for the relief of persons who have suffered or may suffer by their deeds and mesne conveyances not being registered within the time heretofore appointed by Law, was read the second time, amended, passed and sent to the Senate.

The Bill to vest the title of a piece or parcel of land lying in Camden County in Isaac Guilford and his Heirs in fee-simple was read the first time, passed and sent to the Senate.

The bill to repeal an act entitled an act to vest the property of a Bridge or causeway in Gideon Lamb, his Heirs and assigns, by him already built through the great Dismal Swamp from Lebanon to Camden County, for the term of twenty-five years, was read the first time and was rejected.

Received from the Senate the report of the Committee on the Petitions of James Williams, Daniel Waggoner and Robert Forster, concurred with by that House.

Also the Petition from Nash County, endorsed referred as by the House of Commons.

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Received from the Senate a Bill to enforce the attendance of the members of the General Assembly, &c. Endorsed in Senate 26 April, 1783, Read the second time and passed.

A Bill for cutting a canal from Clubfoot’s Creek to Harloe’s Creek to open communication between Neuse River and the Navigation of old Topsail Inlet. Endorsed in Senate 26 April, 1783, Read the first time and passed.

Received from the Senate a bill for regulating the town of Halifax; a Bill to encourage John and James Bonner, jun., of Beaufort County to clear and make a road through the great dismal swamp and marsh on the south side of Pamlico, &c.; a Bill for appointing Commissioners to fix on a place to build a Court House, prison and stocks in the County of Randolph, &c. Endorsed in Senate 26 April, 1783, Read the second time and passed.

The Treasurer of the District of Hillsborough delivered in a general state of the Treasury of said District, which was ordered to be filed.

The Bill for regulating the town of Halifax was read the third time, passed and sent to the Senate.

Read the Memorial of William Palmer. Ordered that it be referred to the Committee of Privileges and Elections.

Read the Petition of James Spicer. Ordered that the same be referred to a joint Committee, that Mr. Ward, Mr. J. Blount, Mr. Winslow, Mr. Skinner and Mr. Brickell be a Committee on the part of this House for that purpose.

Mr. Winslow moved for leave and presented a bill to encourage James Williams to repair and keep in good order the toll-bridge over the lower Little River in Cumberland County, which was read the first time, passed and sent to the Senate.

Mr. Bond moved for leave and presented a bill to Inhibit and put an end to the entering up Judgments on Bonds commonly called Judgment Bonds, which was read the first time, passed and sent to the Senate.

The Bill to encourage John & James Bonner, jun., of Beaufort County to clear and make a road through the great Swamp and Marsh on the south side of Pamlico River, opposite the town of Washington, was read the third time and sent to the Senate.

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Resolved, that Mr. Sanders have leave to absent himself from the service of the House for a few days.

Resolved, that John Taylor and Memucan Hunt, late Auditors for this State, grant a certificate of an allowance of two thousand two hundred pounds currency, dated in the month of April in the year 1781 and numbered 1, to supply the place of a certificate of that tenor made out by the said Auditors to William Tate and which appears never to have been delivered to him, but by some accident or other to have been destroyed.

Ordered that the above resolve be sent to the Senate for concurrence.

Dr. Nunan moved for leave and presented a bill for repairing the Court House and Prison in the town of Salisbury, which was read the first time, passed and sent to the Senate.

The Bill for cutting a Canal from Clubfoot’s Creek to Harloe’s Creek to open a communication between Neuse River and the Navigation of old Topsail Inlet was read the first time, passed and sent to the Senate.

Received from the Senate a bill to establish a town on the land formerly belonging to William Best, &c.; a Bill for fixing on a place in the County of Anson for building a Court House, &c.; a Bill for the preservation of Records; a Bill for establishing the public buildings at Henry Mongour’s, &c.; a Bill to empower the Commissioners therein mentioned to erect and build a gaol & stocks on the land of John Yancy, &c. Endorsed in Senate 26 April, 1783, read the first time and passed.

A Bill to amend an act passed at Hillsborough the 12 day of May, 1782, entitled an act for the relief of persons who have suffered or may suffer by their deeds and mesne conveyances not being registered within the time heretofore appointed by law; a Bill to vest the title of a piece or parcel of land lying in Camden County in Isaac Guilford, &c. Endorsed in Senate 26 April, 1783, Read the second time, amended and passed.

A Bill for ascertaining what property in this State shall be deemed taxable property, &c. Endorsed in the Senate 26 April, 1783, Read the first time & passed.

The House adjourned till Monday morning 9 o’clock.

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Monday, 28 April, 1783.

The House met according to adjournment.

Mr. Geddy presented a petition from Thomas Davis, public printer, which being read was referred to a joint Committee, the members chosen on the part of this House, Mr. Gillispie, Mr. Lock and Mr. Person.

Mr. William Gilbert and Mr. Richard Singleton, the members for Rutherford County; Mr. John Childs, one of the members for Richmond County, and Mr. James Gallaway, one of the members for Guilford County, appeared, were qualified and took their seats.

Received from the Senate the resolve of this House impowering John Taylor and Memucan Hunt, late Auditors, &c., to issue a certificate for the sum therein mentioned to William Tate, concurred with by that House; also the petition of James Spicer. Endorsed in Senate 26 April, 1783, Read and referred to Mr. Coor, Mr. Irwin, Mr. Hill & Mr. Johnston.

The Bill to prevent frauds being committed by private gifts was read the second time and rejected.

Mr. Montfort moved for leave and presented a bill to enable Thomas Hill, Guardian of Elizabeth Henry Hill, to convey to Jos. Cocke and Winifred, his wife, the negro slaves therein mentioned, which was read the first time, passed and sent to the Senate.

Received from the Senate the bill to encourage James Williams to repair and keep in good order the toll-bridge over the lower Little River in Cumberland County; a bill for repairing the Court House and Prison in the town of Salisbury; a bill to inhibit and put an end to the entering up of Judgments on Bonds commonly called Judgment Bonds. Endorsed in Senate 26 April, 1783, Read the first time and passed.

A Bill for levying a tax on every hundred pounds value of taxable property in the District of Halifax for repairing the Court House and Gaol of said district. Endorsed in Senate 26 April, 1783, Read the second time, amended and passed.

A Bill for cutting a Canal from Clubfoot’s Creek and Harloe’s Creek to open a communication between Neuse River and the Navigation of old Topsail Inlet. Endorsed in Senate 28 April, 1783, Read the second time, amended and passed.

Received from the Senate the report of the Committee to whom

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was referred the Petition of Richard Cogdell, late Treasurer, &c., which being read was rejected.

Received from the Senate the Petition of Thomas Davis, Public Printer. Endorsed in Senate 28 April, 1783, Read and referred to Mr. Battle, Mr. Lane and Mr. Hill.

Resolved, that the bill for ascertaining what property in this State shall be deemed taxable property, &c., be read tomorrow for the second time.

Received from the Senate a message appointing two members of their body to wait upon His Excellency the Governor with such members of this House as might be appointed to acquaint him of the vote of the General Assembly respecting the Chief Magistracy, which being read the proposition was rejected, whereupon the following resolution was entered into:

Resolved by the General Assembly, that his Excellency Governor Martin be informed that his address on delivering the public dispatches is ordered to be entered on the Journals, that his congratulations on the happy termination of the war, the restoration of Peace and the important alliance with their high Mightinesses, the States General of the United Netherlands, receive our approbation.

That his Excellency needs no assurances from us to believe that we view those grand Interesting events with the highest pleasure and the most heart-felt satisfaction. That we shall endeavor by some channel to convey our high sense of gratitude for the Generosity and Magnanimity of his most Christian Majesty, our illustrious Ally, and the brave and mighty Nation over whom he reigns, with whose assistance in the hour of danger, by the blessing of Almighty God, a people have been saved from oppression, the rights of humanity vindicated and a glorious acquisition, the object our wishes, is gained.

That the important objects of Legislation recommended in the address will be attended to in the course of the session.

Mr. Winslow moved for leave and presented a bill for establishing a new District Court by the name of the Superior Court of Law and Equity for the District of ———, which was read the first time, passed and sent to the Senate.

The Bill for repairing the Court House and Prison in the town

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

Mr. Gillispie moved for leave and presented a Bill for the promotion of learning in the District of Wilmington, which was read the first time, passed and sent to the Senate.

The Bill for the relief of Thomas Clark and other persons named therein and to vest in them an indefeasible title to certain lands, heriditaments, goods, chattels, rights and credits formerly the estate of James Murray, and to enable them to take possession thereof, was read the first time, passed and sent to the Senate.

Mr. Blount moved for leave and presented a Bill for opening the land office, for the redemption of Specie Certificates and discharging the arrears due to the army, which was read the first time, passed and sent to the Senate.

The Bill for appointing Commissioners to fix on a place to build a Court House, prison and stocks in the County of Randolph, &c., was read the third time, amended, passed and sent to the Senate.

Received from the Senate a Bill to enable Thomas Hill, Guardian of Elizabeth Henry Hill, to convey to Joseph Cocke and Winifred, his wife, the Negro Slaves therein mentioned. Endorsed in Senate 28 April, 1783, Read the first time and passed.

The bill for levying a tax on every hundred pounds of taxable property in the district of Halifax for repairing the Court House and Gaol of said District was read the third time, amended, passed and sent to the Senate.

Mr. W. Bryan moved for leave & presented a Bill for levying a tax on every hundred pounds value of taxable property in the District of New Bern for repairing the Court House and Gaol in the said District, which was read the first time, passed and sent to the Senate.

Resolved, that the bill to inhibit and put an end to the entering up of judgments on Bonds, commonly called Judgment Bonds, be read tomorrow for the second time.

Mr. Person moved for leave & presented a Bill for repealing Two Acts of the General Assembly and for suspending for a limited time the fifth section or clause of an act passed in the year 1715, entitled an act concerning old titles of lands and for avoiding suits in law, which was read the first time, passed and sent to the Senate.

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The Bill establishing the public buildings at Henry Mongour’s, Esq., in the County of Montgomery, was read the second time, passed and sent to the Senate.

The Bill to encourage James Williams to repair and keep in good order the toll-bridge over the lower Little River in Cumberland County was read the second time, passed and sent to the Senate.

Mr. Person moved for leave and presented a Bill for altering the times of Holding the County Courts of Pleas and Quarter Sessions in the Counties of Caswell and Warren in this State and for other purposes, which was read the first time, passed and sent to the Senate.

The Bill to amend an act passed at Hillsborough the 12th day of May in the year 1782, entitled an act for the relief of persons who have suffered or may suffer by their deeds and mesne conveyances not being registered within the times heretofore appointed by Law, was read the third time, passed and sent to the Senate.

The Bill to amend an act passed at New Bern the 15th day of November, 1777, for making provision for the poor and other purposes, was read the second time, amended, passed and sent to the Senate.

The Bill for cutting a Canal from Clubfoot’s Creek to Harloe’s Creek to open a communication between Neuse River and the navigation of old Topsail Inlet was read the second time, amended, passed and sent to the Senate.

The bill for fixing on a place in the County of Anson for building a Court House, Prison and Stocks and for other purposes therein mentioned was read the second time, passed and sent to the Senate.

The Bill for establishing a town on the land formerly belonging to William Best at the place where the road leading from Salisbury to the Cheraws crosses the road leading from Mask’s Ferry to Camden in Anson County was read the second time, amended, passed and sent to the Senate.

Received from the Senate the Bill for the promotion of learning in the District of Wilmington; a Bill for repealing two acts of the General Assembly and for suspending for a limited time the fifth section or clause of an act passed in the year 1715, entitled an act concerning old titles of Lands, &c.; a Bill for opening the land

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office, for the redemption of Specie Certificates and discharging the arrears due to the Army. Endorsed in the Senate 28 April, 1783, Read the first time and passed.

A Bill for establishing the public buildings at Henry Mongour’s, Esq., in the County of Montgomery. Endorsed in Senate 28 April, 1783, Read the second time and passed.

The Bill to empower the Commissioners therein mentioned to erect and build a Gaol and Stocks on the land of John Yancey, &c., was read the second time, amended, passed and sent to the Senate.

Read the Petition of a number of people who purchased lands of Henry Eustace McCullock and who have reserved sums of money for paper Currency to discharge the bonds given for the purchase money, &c.

Ordered that the said Petition be referred to the joint Committee appointed to report what bills are necessary to be passed into laws this Session.

The House adjourned till 3 o’clock P. M.

The House met according to adjournment.

The Bill for the preservation of Records was read the second time and rejected.

The Bill to vest the title of a piece or parcel of land lying in Camden County in Isaac Guilford and his heirs in fee-simple was read the second time, amended and sent to the Senate.

Received from the Senate the Bill for establishing a town on the land formerly belonging to William Best at the place where the road leading from Salisbury to the Cheraws crosses the road leading from Mask’s Ferry to Camden; a Bill for repairing the Court House & Prison in the town of Salisbury. Endorsed in Senate 28 April, 1783, Read the second time and passed.

A Bill for establishing a new District Court by the name of the Superior Court of Law and Equity for the District of———; a Bill for levying a tax on every hundred pounds value of taxable property in the District of New Bern, &c. Endorsed in Senate 28 April, 1783, Read the first time and passed.

The Bill for establishing the public buildings at Henry Mongour’s, Esq., in the County of Montgomery, was read the third time, passed and sent to the Senate.

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Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The Resolve of your body this day, purporting to be the act of the General Assembly, we have thought proper to reject, which we have been induced to do partly by a belief that it might be amended and partly because of its having been first signed by the Speaker of the House of Commons is, as we conceive, a deviation from that mode of doing business which hath hitherto regulated in such matters the two branches of the Legislature. We send herewith a resolve which we propose instead of the one by us rejected; if you agree to it we propose that Mr. Johnson & Mr. Moore, with such members of your House as you may think proper to appoint, wait on His Excellency the Governor therewith.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send you herewith a resolve of this House for your Concurrence and hope the objections in your last message will be removed; if concurred with by your House you’ll please to appoint some of your body, who, together with Mr. Avery and Mr. Person on the part of this House, may deliver the same to His Excellency as the sense of the General Assembly.

Received from the Senate the Petition of a number of the Inhabitants of Northampton County relative to the conduct of Joseph Wood, Esquire, a Justice of the Peace of the said County. Endorsed in Senate, read and referred to a joint Committe, the members chosen, Mr. Hunter, Mr. Irwin & Mr. McCullock. The said Petition was Read and referred on the part of this House to Mr. Brickell, Mr. Horn, Mr. Caswell, Mr. Whitaker & Mr. Herritage.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House have appointed Messrs. Macon, Hawkins and Mebane to act jointly with such Gentlemen as you may appoint to devise some method of paying up the arrears of pay due to the Continental Officers and Soldiers belonging to the regiments raised in this State.

Read the Petition of Thomas and James Cotton. Ordered that the same be referred to a joint Committee and that the members

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chosen to devise ways and means of paying the arrearages of pay to the Continental Officers and Soldiers be a Committee on the part of this House for that purpose.

Received from the Senate a Bill for altering the times of holding the County Courts of Pleas and Quarter Sessions in the Counties of Caswell and Warren, &c. Endorsed in Senate 28 April, 1783, Read the first time and passed.

A Bill for fixing on a place in the County of Anson for building a Court House, prison and Stocks, &c.; a Bill to impower the Commissioners therein mentioned to erect and build a Gaol & Stocks on the land of John Yancey, &c. Endorsed in Senate 28 April, 1783, Read the second time and passed.

A Bill to vest the title of a piece or parcel of land lying in Camden County in Isaac Guilford, &c. Endorsed in Senate 28 April, 1783, Read the third time and passed.

The House adjourned till tomorrow morning 9 o’clock.


Tuesday, 29 April, 1783.

The House met according to adjournment.

Resolved, that the Bill for opening the land office, for the redemption of Specie certificates and discharging the arrears due to the Army be read tomorrow the second time.

Resolved, that Mr. Lane have leave to absent himself from the service of the House during the session and Mr. H. Macon after Thursday and until Monday next.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The Senate have concurred with the resolve of your House communicating to His Excellency the Governor the Sense of the General Assembly as to the several important matters therein alluded to and have appointed Mr. Johnson and Mr. Moore to attend His Excellency with the Gentlemen by you Nominated to present him with the same.

The Bill to enforce the attendance of Jurors in the several Courts in this State, to provide for their subsistence when attending and also to ascertain the pay of witnesses attending said Courts was read the second time, amended, passed & sent to the Senate.

Received from the Senate a bill to amend an act entitled an act

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for the better observation & keeping of the Lord’s day, commonly called Sunday, and for the more effectual suppression of vice and immorality, passed at Edenton the fourth day of April, 1741. Endorsed in Senate 29 April, 1783, Read the first time and passed.

A Bill for the relief of Thomas Clark and other persons therein named and to vest in them an indefeasible title to certain lands, hereditaments, goods, chattels, rights and credits formerly the estate of James Murray, &c. Endorsed in Senate 29 April, 1783, Read the second time and passed.

On reading the bill for ascertaining what property in this State shall be deemed taxable property, the method of assessing property and collecting the public taxes, it was moved and seconded that the words “all stock in trade,” as it stood in the Bill, should be struck out. This being objected to the question was put and carried in the negative.

The Yeas and Nays, being requested by Mr. Winslow, are as follows:

Yeas, Messrs. Geddy, Montfort, Caswell, Bond, Horn, Walters, Herritage, Brickell, Turner, Harget, J. Blount, Jordan, M. Jones, W. Blount, Brown, Cumming, B. Jones, Nunan, Ward, H. Macon, Martin, A. Maclaine, Aulds, W. Bryan, Thomas, Reading, Howard, Winslow, Lucas, Bledsoe, Alderson, Allen, Gilbert, Singleton, Leak and Gallaway—36.

Nays, Messrs. Gee, Mebane, Farmer, McKinne, Moy, Clinton, Whitfield, Lock, Kennon, Berger, Skinner, Avery, A. Bryan, Whitaker, Diggs, Harper, Randal, Shelton, J. Macon, Vaughan, Jeffreys, Person, Ferebee, Reddick, D. Wilson, R. McLean, Lewis, Jackson, Cain, Lenoir, Herndon, Hawkins, Gillispie, Cage, Reed, McDonald and Childs—37.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

General Jones, General McDowell, Mr. Everagen, Mr. Hill and Mr. Irwin will act with the gentlemen by you appointed to devise the method of paying up the arrears of pay due the Continental Officers and Soldiers that have belonged to the Regiments raised in this State.

Received from the Senate the Petition of Thomas and James Cotton. Endorsed in Senate 28 April, 1783, Read and referred as by the House of Commons.

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Received from the Senate a Bill to amend an act passed at New Bern the 15th day of November, 1777, for making provision for the poor and other purposes; a Bill to enforce the attendance of Jurors on the several Courts in this State, to provide for their subsistance when attending, &c. Endorsed in Senate 29 April, 1783, Read the second time, amended and passed.

A Bill for cutting a Canal from Clubfoot’s Creek to Harloe’s Creek to open a communication between Neuse River and the Navigation of old Topsail Inlet. Endorsed in Senate 29 April, 1783, Read the third time and passed.

The Bill for ascertaining what property in this State shall be deemed taxable property, the method of assessing property and of collecting the public taxes was read the second time, passed and sent to the Senate.

Mr. Robert Webb, one of the members for Richmond County, appeared, was qualified and took his seat.

Received from the Senate the Memorial of Richard Henderson, &c., endorsed in Senate 29 April, 1783, read and referred to a joint Committee, members chosen, Genl. Rutherford, Mr. Martin, Mr. Irwin & Mr. Armstrong, which being read was referred on the part of this House to a joint Committee, members chosen, Mr. J. Blount, Mr. Cumming, Mr. Person, Mr. Martin, Mr. Maclaine, Mr. Avery and Mr. Gallaway.

Received from the Senate a Letter from the Honorable Sam. Ashe, which was read and ordered to lie on the table.

Mr. Winslow moved for leave and presented a Bill for altering the name of Campbelton to ——— and for appointing Commissioners to lay off streets for the regulation of the said town and for giving a further time for saving lots in the Lower Town, which was read the first time, passed and sent to the Senate.

The Bill for cutting a Canal from Clubfoot’s Creek to Harloe’s Creek to open a communication between Neuse River and the Navigation of Old Topsail Inlet was read the third time, passed and ordered to be Engrossed.

Mr. Vaughan moved for leave and presented a Bill to repeal an act entitled an act to suppress excessive gaming, which was read the first time, passed and sent to the Senate.

Received from the Senate a resolve allowing Timothy Bloodworth

-------------------- page 284 --------------------
the sum of six pounds specie, also one other Resolve allowing the said Bloodworth the sum of Eleven thousand one hundred & thirty-eight pounds Currency, which being read were concurred with and returned to the Senate.

Received from the Senate a Resolve directing the Hillsborough District Auditor to re-issue Certificates to the several persons therein mentioned, which was read, concurred with and ordered to be returned to the Senate.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The Senate have added General Jones to the Committee appointed to prepare and bring in such bills of a General and public nature as may be necessary to be passed into Laws by the present Assembly.

Resolved, that a message be sent to the Governor to acquaint his Excellency that the two Houses of the General Assembly propose meeting in the Church tomorrow at 4 o’clock to present their address to his Excellency on his re-election to the office of Governor, where we request his attendance to receive the same and the investiture of his office as Chief Magistrate in the usual forms.

Resolved, that the following address be presented his Excellency the Governor:

To His Excellency Alexander Martin, Esquire, Governor, Captain-General and Commander-in-Chief in and over the State of North Carolina:

Sir:

The General Assembly, from a thorough conviction of the justice, rectitude and moderation of your Excellency’s Administration and of your attention to the Laws and Constitution of your Country, have, by a considerable Majority of the members which constitute the two branches of the Legislature, elected you their Chief Magistrate for another year.

When we reflect that you have conducted your administration in a manner so honourable to yourself and so pleasing to the people at large during a destructive war, when almost every part of the State was convulsed by intestine divisions, we entertain the most flattering hopes that as the blessings of peace are now happily restored and order and tranquility may be expected to take the

-------------------- page 285 --------------------
place of discord and confusion, we shall enjoy under the auspices of your Excellency every blessing for which a free people could wish.

Ordered that the foregoing resolve and address be sent to the Senate for Concurrence.

Whereas, by a Resolve of the last General Assembly dated in the House of Commons the 27th of April, 1782, and concurred with in the Senate the 29th of the same month, reciting that as it appeared that the persons nominated to the Commission of the Peace at the Sessions of Halifax and Wake were nominated only on the part of the House of Commons, whereas in truth and in fact they were also appointed by the Senate, it was resolved that no Commission should issue in consequence of such appointment and nomination, except expressly directed by the General Assembly, and that all such nominations were illegal, therefore resolved, that the said resolve shall be and the same is hereby rescinded and utterly vacated.

Ordered that the above Resolve be sent to the Senate for Concurrence.

The House adjourned till tomorrow morning 9 o’clock.


Wednesday, 30 April, 1783.

The House met according to adjournment.

Mr. Mebane moved for leave and presented a Bill to quiet the possession of certain lands in the County of Orange, which was read the first time and rejected.

Mr. Phil. Hawkins moved for leave and presented a Bill to keep open Roanoke River for the passage of Fish up the same and for other purposes therein mentioned, which was read the first time, passed and sent to the Senate.

Received from the Senate the resolve of this House for rescinding a Resolution of the last General Assembly relative to the nomination and appointment of Justices of the Peace at the Sessions at Halifax and Wake, concurred with by that House.

Received from the Senate a Bill for altering the name of Campbelton to ——— and for appointing Commissioners to lay off streets, for the regulation of the said town and for giving a further time for saving lots in the lower town. Endorsed in Senate 29 April, 1783, Read the first time and passed.

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

On a motion made and seconded that the resolve of this House declaring void the election of Washington County be rescinded and Mr. Daniel Kennady, who was returned as being duly elected a member for said County, admitted to take a seat in this House; this being objected to the question was put and carried in the negative. The yeas and nays, being required by Mr. Avery, are as follows:

Yeas, Messrs. Gee, Mebane, Lock, Berger, Avery, Diggs, Turner, J. Macon, Martin, Wilson, Robt. McLean, Lewis, Leak, Cain, Lenoir, Lucas, McDonald, Gilbert, Singleton, and Childs—20. Nays, Messrs. Montfort, Farmer, McKinne, Moy, Caswell, Whitfield, Skinner, A. Bryan, Horn, Herritage, Whitaker, Brickell, Harget, Harper, J. Blount, Jordan, Randal, M. Jones, W. Blount, Shelton, Brown, Vaughan, Ward, Phifer, Person, Ferebee, Reddick, A. Maclaine, Jackson, W. Bryan, Thomas, Gillispie, Reading, Howard, Winslow, Bledsoe, Reed, Alderson, Gallaway, Webb and Walters—41.

The Bill to amend an act entitled an act for the better observation & keeping of the Lord’s Day, commonly called Sunday, &c., was read the first time, passed and sent to the Senate.

Received from the Senate a resolve directing the Clerk of the House of Commons to re-issue a certificate to John Simpson, Esq., and also directing the Board of Auditors for the District of New Bern to re-issue Certificates to the persons therein mentioned, which being read was rejected.

Received from the Senate the report of the joint Committee to whom was referred the Petition of Mr. Thomas Davis, which being read was concurred with and returned to the Senate.

Received from the Senate a resolve allowing Thomas Davis, Esquire, the sum of one hundred and fifty-eight pounds specie, which being read was concurred with and returned to the Senate.

The Bill for establishing two public schools in the County of Onslow and for other purposes was read the second time, amended, passed & sent to the Senate.

The Bill for the relief of Thomas Clark and other persons therein named and to vest in them an indefeasible title to certain lands, hereditaments, goods, chattels, rights and credits formerly the estate of James Murray, &c., was read the second time, passed and sent to the Senate.

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

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We have added to the Committee to prepare bills of a public nature Col. Hawkins, Genl. Person, Genl. Bryan, Col. Geddy and Mr. Aulds, and propose that the two Houses may adjourn from time to time until that Committee have finished the business of their appointment.

Received from the Senate the Memorial of Arthur Campbell, endorsed in Senate 29 April, 1783, read and referred to the Committee appointed to report on the Petition of Richard Henderson, which being read was referred to the said Committee on the part of this House.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The Senate approve of the address to his Excellency the Governor herewith returned, concurred with the resolve of your House on that head, and have appointed Mr. Johnson and Mr. Moore, who will act with such Gentlemen as may by you be nominated to attend his Excellency with the same.

Resolved, that Mr. William Cumming have leave to absent himself from the service of the House during the session.

Received from the Senate the Bill for ascertaining what property in this State shall be deemed taxable property, the method of assessing property and of collecting public taxes. Endorsed in Senate 30 April, 1783, Read the second time, amended and passed.

Received from His Excellency the Governor the following message:

To the Honourable the General Assembly of the State of North Carolina:

Gentlemen:

With the highest pleasure, I present you with a Proclamation by the United States in Congress Assembled, declaring the cessation of arms as well by sea as land, agreed upon between the United States of America and his Brittannic Majesty, and enjoining the observance thereof as transmitted to me by the Minister of foreign affairs, on which auspicious event permit me to redouble my congratulations.

ALEX. MARTIN.
-------------------- page 288 --------------------

Ordered that the above message and the proclamation therein alluded to be sent to the Senate.

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

Mr. Avery presented a Petition from a number of the Inhabitants on Cumberland River praying to have Courts of Justice established, &c., which being read, Mr. Avery moved for leave to prepare and bring in a Bill agreeable to the prayer of said Petition. Ordered that he have leave accordingly.

Received from the Senate the Memorial of John Wilcox, endorsed in Senate 30 April, 1783, read and referred to the Committee appointed to report on the Memorial of Richard Henderson, which being read was agreed to by this House.

Received from the Senate a bill to keep open Roanoke River for the passage of fish up the same and for other purposes therein mentioned. Endorsed in Senate 30 April, 1783, Read the first time and passed.

A bill for the relief of Thomas Clark and other persons therein named and to vest in them an indefeasible title to certain lands, hereditaments, goods, chattels, rights and credits formerly the estate of James Murray, &c. Endorsed in Senate 30 April, 1783, Read the third time and passed.

Read the Deposition of John Douglass, Esq., setting forth that his House was burned with a number of certificates, whereupon resolved, that the same be referred to the Committee to whom was referred the Memorial of John Simpson, Esq.

Read the recommendation of Caswell Court in favour of Thomas Smith. Ordered that the same be referred to a joint Committee, that Mr. Bloodworth, Mr. Montfort, Mr. Avery, Mr. Kennon and Mr. Martin be a Committee on the part of this House, who are also to consider and report on some general mode of relief to disabled persons, &c.

Mr. Lewis moved for leave and presented a Bill for assuring to the purchasers therein described the lands by them purchased, which was read the first time, passed and sent to the Senate.

Resolved, that the Bill for the relief of Thomas Clark and other persons therein named and to vest in them an indefeasible title to certain lands, hereditaments, goods, Chattels, rights and credits

-------------------- page 289 --------------------
formerly the estate of James Murray, and to enable them to take possession thereof, be read tomorrow for the third and last time.

The Bill to inhibit and put an end to the entering up of Judgments on bonds, commonly called Judgment Bonds, was read the second time, amended, passed and sent to the Senate.

Received from the Senate the Bill for vesting the title of a certain piece of land in Ralph Miller of Bladen County; a Bill for repealing an act entitled an act for appointing a place for the future meetings of the General Assembly. Endorsed in Senate 30 April, 1783, Read the first time and passed.

Mr. Maclaine presented an address from Colonel Thomas Clark and Captain James Reid in behalf of the officers and soldiers of the North Carolina Line, which being read was referred to the Committee appointed to report what bills are necessary to be passed into Laws, &c.

Resolved, that Frederick Hambright and Jonathan Gillick of Lincoln, Livingston Isbell of Wilkes, James Johnston and John Moore of Lincoln, and William Colvard of Wilkes County have leave to resign their Commissions as Justices of the Peace, respectively; that John Shelby, Major of Sullivan, and Frederick Hambright, Lieutenant-Colonel of Lincoln County, have leave to resign their Commissions in said Counties.

The House adjourned till tomorrow morning 6 o’clock.


Thursday, 1 May, 1783.

The House met according to adjournment.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House have appointed Mr. William Bryan and Mr. Matt Jones, who will act jointly with such Gentlemen of the Senate as may be appointed to devise ways and means to procure writing paper for the present session, it evidently appearing there will be a want of that article.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The Senate have added Mr. John A. Campbell, Mr. James Campbell and Mr. Irwin to the Committee to prepare & bring in Bills of

-------------------- page 290 --------------------
a public nature, and accede to your proposition as to the adjournment of the two Houses.

Received from the Senate the Bill to indemnify such persons as have acted in defence of the State and for the preservation of the Peace during the late war from vexations and prosecutions. Endorsed in Senate 30 April, 1783, Read the first time and passed.

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

The Bill for vesting the title of a certain piece of land in Ralph Miller of Bladen County was read the first time, passed and sent to the Senate.

Received from the Senate a Bill for assuring to the purchasers therein described the lands by them purchased. Endorsed in Senate 1 May, 1783, Read the first time and passed.

A Bill for establishing two public schools in the County of Onslow and for other purposes. Endorsed in Senate 1 May, 1783, Read the second time and passed.

Received from the Senate the Deposition of John Douglass. Endorsed in Senate 1 May, 1783, Read and referred as by the Commons.

Received from the Senate the resignation of James Campbell & of Robert Lindsey, which being read were accepted of and returned to the Senate.

The Bill for establishing a Town on the land formerly belonging to William Best, at the place where the road leading from Salisbury to the Cheraws crosses the road leading from Mask’s Ferry to Camden in Anson County was read the third time, amended, passed and sent to the Senate.

The Bill for fixing on a place in the County of Anson for building a Court House, prison and stocks and for other purposes therein mentioned was read the third time, passed & sent to the Senate.

A certificate from William Bell, Commissioner of Randolph County, certifying that he issued to Samuel Clark a certificate for Beef furnished by him, the said Clark, was read & ordered that the same be referred to the Committee to whom was referred the Petition of John Simpson.

Received from the Senate the Petition of Roger Smith. Endorsed in Senate 1 May, 1783, Read and referred to the Committee to whom

-------------------- page 291 --------------------
was referred the recommendation of Caswell Court in favour of Thomas Smith. The said petition being read was referred on the part of this House to the said Committee.

Received from the Senate the report of the Committee to whom was referred the Petition of sundry persons in favour of Joseph Wood, Esq., of Northampton County. Endorsed in Senate 30 April, 1783, Read and concurred with.

The said report being read was concurred with and returned to the Senate.

Received from the Senate the recommendation of Caswell Court in favour of Thomas Smith. Endorsed in Senate 1 May, 1783, Read and referred to Mr. Hunter, Mr. Williams and Mr. Moore.

Received from the Senate the report of the Committee to whom was referred the Petition of Ralph Miller. Endorsed in Senate 30 April, 1783, Read and concurred with. The said report being read was concurred with by this House and returned to the Senate.

Mr. Person, from the joint Committee appointed to examine and report upon the accounts of the late Governor, Delegates in Congress and others, reported as follows:

That they have examined the accounts of Whitmill Hill, Esq., late a Delegate, and found them just and fair as they stand stated and that there is a balance due to the said Whitmill Hill of six hundred and sixty-five pounds specie.

Your Committee have also examined the accounts of Samuel Johnston, Esquire, late a Delegate, and find them just and fair as they stand stated and that there appears to be a balance of four hundred and nine pounds twelve shillings and six pence specie due to him, and it is the opinion of your Committee that a resolve similar to the one entered into at the last Session of Assembly in favour of William Sharpe, Esq., be entered into in favour of the said Whitmill Hill and Samuel Johnston, Esq. All which is humbly submitted.

THOS. PERSON, Ch.

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

Resolved, that the District Treasurers or either of them pay unto Whitmill Hill, Esquire, the sum of six hundred and sixty-five pounds specie, with interest thereon from the date hereof, the same

-------------------- page 292 --------------------
being the balance of his account for services as a delegate in the Continental Congress, for which sum the Treasurer shall be allowed in the settlement of his public accounts.

Resolved, that the District Treasurers or either of them pay unto Samuel Johnston, Esquire, the sum of four hundred and nine pounds twelve shillings and six pence specie, with interest thereon from the date hereof, the same being the balance of his account for services as a Delegate in the Continental Congress, for which sum the Treasurer shall be allowed in the settlement of his accounts.

The House adjourned till tomorrow morning 6 o’clock.


Friday, 2 May, 1783.

The House met according to adjournment.

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

Mr. Geddy presented a Petition of Cole Mountflorence, which was read and ordered to be referred to a joint Committee, the members chosen, Mr. W. Bryan, Mr. Geddy, Harget, Jordan, J. Blount & Gillispie on the part of this House.

Mr. Lock presented a petition from Richard Kerr, which being read was ordered to be referred to the Committee to whom was referred the Petition of John and James Cotton.

Mr. Archibald Maclaine suggested to the House that Mr. Timothy Bloodworth was not eligible to a seat in the General Assembly, from his being by the last General Assembly appointed Treasurer of the District of Wilmington, whereupon the House took into consideration the legality of his holding a seat, and after some time spent in debate it was resolved that he retain a seat in this House, whereupon Mr. Person, in behalf of himself and others, moved for leave to enter a protest against the legality thereof.

Ordered that he have leave accordingly.

Mr. Archibald Maclaine acquainted the House that Mr. Thomas Bloodworth was Marshal of the Court of Admiralty for Port Brunswick and by holding that appointment was not eligible to a seat in the General Assembly, whereupon the House Resolved that his seat as a member of this House be considered as vacated.

Resolved, that Mr. Phil. Hawkins have leave of absence until Tuesday next.

The House adjourned till 4 o’clock P. M.

-------------------- page 293 --------------------

The House met according to adjournment.

The Petition of Waightstill A very, Esquire, was read. Ordered that the same be referred to the Committee to whom was referred his other claims.

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

Mr. W. Bryan moved for leave and presented a Bill for appointing Commissioners to take into their possession sundry articles of public property and to secure them from embezzlement and further waste, which was read the first time, passed and sent to the Senate.

Mr. Cumming moved for leave and presented a Bill for the Establishment of a scale of depreciation, with a provision for suits commenced, for paper Currency and for suspending the operation of the laws therein mentioned, which was read the first time, passed and sent to the Senate.

Received from the Senate the Petition of Richard Kerr. Endorsed in Senate 2 May, 1783, Referred as by the House of Commons.

Received from the Senate the Bill for vesting the title of a certain piece of land in Ralph Miller of Bladen County. Endorsed in Senate 2 May, 1783, Read the second time and passed.

A Bill to indemnify such persons as have acted in defence of the State & for the preservation of the Peace during the late war from vexatious suits and prosecutions. Endorsed in Senate 2 May, 1783, Read the first time and passed.

Received from the Senate the address from Col. Clark and Capt. James Reed, also a certificate from Wm. Bell in favour of Samuel Clark. Endorsed in Senate 2 May, 1783, Read and referred as by the Commons.

Received from His Excellency the Governor the following message:

To the Honourable the General Assembly:

Gentlemen:

I present you with a General State of the Treasury, according to the returns made me by the several Treasurers.

ALEX. MARTIN.

Ordered that the said State be sent to the Senate.

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

Received from the Senate the report of the Committee on the accounts of the Honourable Whitmill Hill & Samuel Johnston, Esquires, and the resolves of this House allowing them certain Sums therein mentioned. Endorsed in Senate 2 May, 1783, Concurred with.

Mr. Cumming moved for leave and presented a Bill to amend an act entitled an act to vest the property of a bridge or Causeway in Gideon Lamb and his heirs, by him already built through the great Dismal Swamp from Lebanon to Camden County, for the term of twenty-five years, which was read the first time, passed & sent to the Senate.

On motion, ordered that the claim of Daniel Waggoner be recommitted to the same Committee to whom it was first referred.

Received from the Senate a Resolve for freeing William Branch, Esquire, from the consequences of having taken a parole from the Enemy & restoring him to the office of a Justice of the Peace for said County, which being read was rejected.

Received from the Senate the Petition from Rutherford County. Endorsed in Senate, Read and referred to a joint Committee, the members chosen, Mr. Alexander and Genl. Rutherford. The said Petition being read was referred on the part of this House to Mr. Gee, Mr. Herndon, Mr. Bond, Mr. Winslow & Mr. West.

Received from the Senate the Bill to Inhibit and put an end to the entering up Judgments on Bonds, commonly called Judgment Bonds. Endorsed in Senate 2 May, 1783, Read the second time, amended and passed.

A Bill for altering the name of Jonathan Bronocks to that of Jonathan Briant. Endorsed in Senate 2 May, 1783, Read the first time and passed.

The order of the day, for reading for the third and last time the Bill for the relief of Thomas Clark and other persons therein named and to vest in them an indefeasible title to certain lands, hereditaments, goods, chattels, rights & credits formerly the estate of James Murray, and to enable them to take possession thereof, being called for and read, the said Bill, according to order, was read the third time, passed and ordered to be engrossed, whereupon the yeas and nays, being required by Mr. J. Macon, are as follows:

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

Yeas, Messrs. Geddy, Gee, Mebane, Montfort, McKinne, Moy, Clinton, Farmer, Bloodworth, Berger, Spaight, Skinner, Bond, Avery, A. Bryan, Horn, Herritage, Diggs, Turner, Harper, J. Blount, Jordan, M. Jones, W. Blount, Shelton, Brown, Vaughan, B. Jones, Nunan, Ward, Martin, Ferebee, Riddick, R. McLean, Archd. Maclaine, Leak, Lewis, Aulds, Jackson, W. Bryan, Thomas, Cain, Herndon, Gillispie, Winslow, Lucas, Bledsoe, Read, Allen, Gallaway and West—50.

Nays, Messrs. Lock, J. Macon, Jeffreys, Phifer, Person, D. Wilson, Lenoir, Reading, Gilbert, Singleton, Childs and Webb—12.

So it was resolved.

The Bill to enforce the attendance of the members of the General Assembly at the times which may hereafter be appointed for the meetings thereof was read the third time and rejected, whereupon the yeas and nays, being required by Mr. Person, are as follows:

Yeas, Messrs. Lock, Clinton, Kennon, Berger, Horn, Diggs, Shelton, J. Macon, Phifer, Person, R. McLean, Lenoir, Gillispie and Cage—14.

Nays, Messrs. Geddy, Gee, Farmer, Montfort, McKinne, Moy, Spaight, Skinner, Bond, A. Bryan, Herritage, Whitaker, Harper, J. Blount, Brown, Vaughan, Cumming, B. Jones, Ward, Martin, Ferebee, Riddick, Leak, Aulds, Jackson, W. Bryan, Thomas, Reading, Winslow, Bledsoe, Read, Alderson, Gallaway, Webb, Turner, West, Lucas & Cain—38.

Mr. Bloodworth and Mr. McDonald refused to vote on the question.

Ordered that the Bill be entered on the Journal verbatim, which is as follows:

A Bill to enforce the attendance of the members of the General Assembly at the times which may hereafter be appointed for the meetings thereof.

Whereas, experience has taught the necessity of an act for the above purpose,

Be it therefore enacted by the General Assembly of North Carolina, that every person elected to the representation of any County in this State, or who may be hereafter elected thereto, shall attend punctually at the time and place appointed for the meeting of such

-------------------- page 296 --------------------
Assembly, and in case he shall not give his attendance as by this Act directed, there shall be deducted out of the allowance to be made for his attendance on the Assembly his pay for so many days as may intervene between the first day appointed for the meeting of the Assembly and that whereon he may make his appearance, and the Clerk of the House to which such member may belong shall not make out a certificate of any greater allowance than for the residue of the time of his attendance after deducting so many days after his attendance as are equal to the days of his delinquency: Provided, nevertheless, that the aforesaid fine shall not be assessed where sufficient reason shall be assigned for his nonattendance.

And be it further enacted that where any person elected as aforesaid shall entirely neglect to attend any session of the General Assembly, without rendering to the House to which he belongs such good and sufficient reasons for his absence as such House shall deem sufficient to excuse his non-attendance, such person shall forfeit and pay the sum of five hundred pounds specie, to be recovered and applied in the manner following, that is to say, the Clerk of the House of which such person may be elected a member shall transmit to the Clerk of the Court of the County wherein such delinquent member may reside a certificate of such delinquency, signed by the Speaker and attested by himself, which the Clerk of such Court shall immediately enter of Record and thereupon issue a Scirie facias against such delinquent member to appear at the next County Court of Pleas and quarter Sessions to show reason why he did not appear at the time and place appointed by Law for the meeting of the General Assembly, and in case he, the said delinquent member, fails to appear before the County Court as aforesaid, or on appearing fails to show good and sufficient reasons, to be approved by said Court, why he did not attend at the time and place appointed as aforesaid for the meeting of the General Assembly, then and in that case, said Court is hereby authorized and required to enter up Judgment against him and award Execution accordingly against the goods and chattels of the said Delinquent member for the above sum to be applied towards defraying the Contingent charges of the said County.

Mr. Person, on behalf of himself and others, moved for leave to

-------------------- page 297 --------------------
enter a protest against a certain clause in the above Bill. Ordered that he have leave accordingly.

Received from the Senate a Bill for building a Court House and Prison in Elizabeth Town in the County of Bladen. Endorsed in Senate 2 May, 1783, Read the first time and passed.

Received from the Senate the Petition of Waightstill Avery. Endorsed in Senate 2 May, 1783, Read and referred as by the House of Commons.

Mr. John Macon, from the joint Committee to whom was referred the petition of John Simpson and others, reported as follows:

That, after having considered on the petition of Benjamin Whitaker, your Committee are of opinion that the General Assembly direct the Auditor for the District of New Bern to grant a certificate to said Whitaker for the sum of forty-four pounds eight shillings specie, as a full compensation for his services as Secretary to said Auditors while in that Department.

Your Committee having taken under consideration the Petition of Brigadier General Butler are of opinion that the Comptroller-General be and he is hereby directed & impowered to allow said Butler in the settlement of his public accounts for such sums of money as he shall make appear to have been actually destroyed or lost on the 10th of August, 1780.

Your Committee also report that after considering on the affidavit of John Douglass, Esquire, there appears to have been destroyed by Fire the following Certificates, issued by the Auditors of Hillsborough District:

No. 570, For John Douglass,
£99
8/. 5d.
Specie.
No. 880, For John Douglass,
£18
15/.
No. 885, For Joshua Hawkins,
£5
No. 888, For Andrew Haswell,
£5
No. 890, For Gabriel Hewes,
£5
No. 891, For Martin McDonald,
£5
No. 897, For Leonard Parker,
£5
No. 898, For Jacob Vanhook,
£5
No. 900, For Robert Donaldson,
£5
No. 908, For James Turner,
£12
No. 909, For Edmund Roberts,
£12
No. 915, For John Bruce,
£2
-------------------- page 298 --------------------
No. 928, For Ambrose Hudgons,
£5
6/.
Specie.
No. 494, For Walter Brown,
£6
18/.
No. 582, For Walter Brown,
£8
16/. 8d.
One Certificate for John Douglass, passed by the first Board,
£113
One Ditto for William Clark,
£40

Your Committee are therefore of opinion that the Auditors of Hillsborough District be and are hereby directed to issue such certificates as appears by said affidavit to be destroyed by fire, and that the said auditors be also directed to note in their checkers, in which the numbers of the lost Certificates are contained that are destroyed aforesaid, and new ones issued accordingly.

Your Committee have also considered on the petition of Catherine Shaver, and as there are no vouchers or other Testimony to support the Petition, and conceiving the same to be cognizable in a Court of Equity, we cannot with propriety grant the prayer of the petition. All which is submitted.

The House taking the said Report into consideration, concurred therewith, except as to Catherine Shaver, and ordered that her petition be recommitted to the same Committee.

The matters to this day referred being postponed, the House adjourned till tomorrow morning 6 o’clock.


Saturday, 3 May, 1783.

The House met according to adjournment.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

This House have appointed Mr. Hill, Mr. Coor, Mr. Easton and Mr. Wade a Committee, who will act jointly with such gentlemen of your body as may be appointed to fix and ascertain what salaries shall be allowed the late Commissary General and his several Assistants belonging to the said Department.

Received from the Senate the Report of the joint Committee appointed to report what Bills are necessary to be passed into Laws this Session, which being read was concurred with, except that clause for restoring the Justices of Nash County, which was rejected.

Received from the Senate the Bill for the establishing a Scale of

-------------------- page 299 --------------------
Depreciation, with a provision for suits commenced, for paper currency and for suspending the operation of the laws therein mentioned. Endorsed in Senate 2 May, 1783, Read the first time and passed.

Received from the Senate the Petition of John Ramsey. Endorsed in Senate 3 May, 1783, Read and referred to the Committee to whom Mr. Avery’s Accounts were referred. The said Petition being read was referred on the part of this House to the said Committee.

Received from the Senate the Petition of Thomas Polk. Endorsed in Senate 2 May, 1783, Read and referred to the Committee to whom was referred the settlement of Mr. Avery’s Accounts. The said Petition being read was referred on the part of this House to the said Committee.

Received from the Senate the Resolve of this House permitting certain Justices & Field Officers to resign their Commissions, &c., concurred with.

Received from the Senate a Bill for appointing Commissioners to take into their possession sundry articles of public property & to secure them from embezzlement and further waste.

A Bill to amend an act entitled an act to vest the property of a Bridge or Causeway in Gideon Lamb and his heirs, by him already built through the great Dismal Swamp, &c. Endorsed in Senate 3 May, 1783, Read the first time and passed.

Received from the Senate the report of the Committee to whom was referred the Petition of James Spicer, which being read was concurred with and returned to the Senate.

Received from the Senate a resolve allowing James Spicer the sum of one thousand three hundred and thirty-six pounds Eighteen shillings and one penny specie, which being read was concurred with, Whereupon Mr. Lock required the Yeas and Nays, which are as follows:

Yeas, Messrs. Geddy, Gee, Mebane, Farmer, McKinne, Moy, Caswell, Whitfield, Kennon, Berger, Spaight, Skinner, Avery, A. Bryan, Horn, Walters, Herritage, Brickell, Diggs, Turner, Harget, Harper, J. Blount, Jordan, Randal, M. Jones, W. Blount, Shelton, Vaughan, Cumming, Nunan, Ward, Person, Martin, R. McLean, Aulds, Jackson, W. Bryan, Thomas, Gillispie, Howard, Winslow,

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Lucas, Cage, Bledsoe, Read, Alderson, Gallaway, Webb, Bloodworth and West—51.

Nays, Messrs. Clinton, Lock, Bond, J. Macon, Brown, Phifer, Riddick, D. Wilson, Lewis, Cain, Herndon, Allen, Gilbert, Singleton and Childs—15.

Read the Memorial of Thomas Bloodworth. Ordered that the same be referred to a joint Committee, the members chosen, Mr. Blount, Mr. Cumming, Mr. Macon, Mr. Avery, Mr. Spaight, Ward and J. Blount.

Ordered that the said Memorial be sent to the Senate.

The House adjourned till 10 o’clock.

Met according to adjournment.

Received from the Senate the report of the joint Committee to whom was referred the Petition of John Simpson and others, concurred with by that House.

Received from the Senate the Petition of Samuel Caswell. Endorsed in Senate 3 May, 1783, Read and referred to the Committee appointed to prepare public Bills. The said Petition being read was referred on the part of this House to the said Committee.

Received from the Senate the Petition of Thomas Davis. Endorsed in Senate 3 May, 1783, Read and referred to a joint Committee, members chosen, Genl. Jones and Mr. Coor. The said Petition being read was referred to Mr. Lock, Mr. Blount, Mr. Wilson & Mr. Bloodworth on the part of this House.

Received from the Senate the Account of Samuel Lockhart. Endorsed in Senate 3 May, 1783, Read and referred to the Committee appointed to settle on the Accounts of the late Governors, &c. The said Account being read was referred on the part of this House to the said Committee.

Received from the Senate a Bill concerning lands which have become the property of this State by the possessors of the same, in fee or otherwise, dying and leaving no legal representatives, but such, if any, are subjects of the King of Great Britain, and for collection of Debts due by Bond, Mortgage or otherwise to such whose property have been confiscated to the use of this State and other purposes. Endorsed in Senate 3 May, 1783, Read the first time and passed.

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Received from the Senate the Petition of Edward Tinker. Endorsed in Senate 3 May, 1783, Read and referred to the Committee to whom was referred the Petition of Richard Henderson. The said Petition and other Papers being read was referred on the part of this House to the said Committee.

Received from the Senate a Bill for levying a tax on every hundred pounds value of taxable property in the County of Lincoln for building a Court House, prison and stocks for the use of said County.

A Bill for allowing Salaries to the Governor, Secretary and other officers of State. Endorsed in Senate 3 May, 1783, Read the first time and passed.

Received from the Senate the Memorial of David Porter. Endorsed in Senate 3 May, 1783, Read and referred to the Committee appointed to take under consideration the Petition of Richard Henderson, &c. The said Petition being read was referred on the part of this House to the said Committee.

Received from the Senate the Petition of Thomas Bloodworth. Endorsed in Senate, Read and referred to Mr. John Campbell, Mr. James Campbell, Mr. Coor & Mr. Easton.

Received from the Senate a Bill to amend an act entitled an act to prevent excessive gaming, passed at New Bern, 1780. Endorsed in Senate 3 May, 1783, Read the first time and passed.

The House adjourned till 4 o’clock P. M.

The House met according to adjournment.

Resolved, that Mr. Randal have leave to absent himself from the service of this House during the Session.

Received from the Senate an additional Bill to an act entitled an act to establish a Department for adjusting the public accounts of this State and for appointing a Comptroller & other purposes. Endorsed in Senate 3 May, 1783, Read the first time and passed.

Received from the Senate a Resolve requiring the Commissioner of Rowan County to restore & put him in possession the land & negro therein mentioned, which being read was concurred with and returned to the Senate.

Received from His Excellency the Governor the following Message:

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To the Honourable the General Assembly:

Gentlemen:

I send you herewith six letters from our Delegates in Congress, one of which covers papers of moment, also one from the Financier and one from the War office. The said letters, &c., being read were ordered to be sent to the Senate.

Read the Petition of Cole Mountflorence. Ordered that the same be referred to the Committee appointed to ascertain what Salary shall be allowed to the Commissary General, &c.

Received from the Senate the resolve declaring the proceedings of Henry Hill, Benjamin Seawell, William Greene and Seth Mabry, Esquires, Erroneous in rejecting the first assessment on the South Side of Tar River in Franklin County and establishing the said assessment, which being read was concurred with and sent to the Senate.

The order of the day, for reading for the second time the Bill for opening the Land office, for the redemption of specie certificates and discharging the arrears due to the Army, being called for and read, the said bill, according to order, was read the second time, amended, passed & sent to the Senate.

The House adjourned till Monday morning 6 o’clock.


Monday, 5 May, 1783.

The House met according to adjournment.

On reading the recommendation of the Court of Rowan County in favour of Joseph Kerr, Resolved, that he be allowed the sum of thirty pounds specie per annum so long as he shall be unable to procure a competent subsistence for himself, that the Treasurers or either of them pay him the same and be allowed therefor.

The Bill for allowing Salaries to the Governor, Secretary and other officers of State was read the first time, passed & sent to the Senate.

The Additional Bill to an Act entitled an Act to establish a Department for adjusting and liquidating the public accounts of this State and for appointing a Comptroller and other purposes was read the first time, passed and sent to the Senate.

The Bill concerning Lands which have become the property of this State by the possessors of the same, in fee or otherwise, dying

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& leaving no legal representatives, but such, if any, are subjects of the King of Great Britain, and for collection of debts due by Bond, Mortgage or otherwise to such whose property have been confiscated to the use of this State and other purposes, was read the first time, passed and sent to the Senate.

The Bill to amend an act entitled an act to prevent excessive gaming, passed at New Bern, 1780, was read the first time, passed and sent to the Senate.

The Bill for building a Court House and Prison in Elizabeth Town in the County of Bladen was read the first time, passed & sent to the Senate.

Mr. Winslow moved for leave and presented a Bill for erecting commodious buildings in the Town of ——— for public offices, keeping the public Records and for the accommodation of the two houses of the General Assembly, which was read the first time, passed and sent to the Senate.

The Bill for altering the times of holding the County Courts of Pleas and Quarter Sessions in the Counties of Caswell and Warren in this State and for other purposes was read the second time, amended, passed & sent to the Senate.

The Bill for altering the name of Jonathan Bronocks to that of Jonathan Briant was read the first time, passed and sent to the Senate.

The Bill for levying a tax on every hundred pounds value of taxable property in the County of Lincoln for building a Court House, prison and stocks for the use of said County was read the first time, passed & sent to the Senate.

The Bill for repealing an Act entitled an act for appointing a place for the future meetings of the General Assembly was read the first time, passed and sent to the Senate.

The House adjourned till 10 o’clock.

Met according to adjournment.

Mr. Theophilus Hunter, one of the members for Wake County, appeared, was qualified and took his seat.

Resolved, that Mr. J. Blount have leave to absent himself from the service of the House after Tomorrow.

The Bill for repairing the Court House and prison in the Town of Salisbury was read the third time, passed and sent to the Senate.

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The Bill for assuring to the purchasers therein described the Lands by them purchased was read the second time, amended, passed and sent to the Senate.

The Bill to inhibit and put an end to the entering up Judgments on Bonds, commonly called Judgment Bonds, was read the third time, passed and sent to the Senate.

Received from the Senate the resolve of this House allowing Joseph Kerr thirty pounds Specie per annum, concurred with by this House.

Received from the Senate the Bill to impower the Justices of the several Counties within this State to levy a tax for the building and repairing their respective Court Houses, prisons and Stocks whenever it may be necessary.

A Bill for erecting Commodious buildings in the town of ——— for public offices, keeping the public Records, and for the accommodation of the two Houses of the General Assembly. Endorsed in Senate 5 May, 1783, Read the first time and passed.

A Bill for repealing an act entitled an act for appointing a place for the future meetings of the General Assembly.

An Additional Bill to an act entitled an act to establish a Department for adjusting and liquidating the public accounts of this State and for appointing a Comptroller and other purposes. Endorsed in Senate 5 May, 1783, Read the second time and passed.

Received from the Senate the Petition of J. Cole Mountflorence. Endorsed in Senate 5 May, 1783, Read and referred as by the House of Commons.

The Bill for ascertaining what property in this State shall be deemed taxable property, the method of assessing property and of collecting the public taxes was read the third time and rejected.

Mr. Maclaine moved for leave and presented an additional Bill to an act entitled an act directing the method of electing members of the General Assembly and other purposes, and for altering the times of holding the annual Assemblies and preserving the Constitution inviolate, which was read the first time, passed and sent to the Senate.

Mr. Maclaine moved for leave and presented a bill for facilitating the navigation and regulating the pilotage of the several ports of this State, which was read the first time, passed and sent to the Senate.

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Mr. Maclaine moved for leave and presented a Bill to repeal an act entitled an act for appointing naval officers at the different ports of this State and directing their duty in office and for other purposes, and to revise and amend an act entitled an act for appointing Naval officers at the different ports of this State and directing their duty in office, which was read the first time, passed and sent to the Senate.

Mr. Maclaine moved for leave and presented a Bill to enable the Judges of the Superior Courts of Law and Equity to review the judgments had in the several County Courts against estates supposed to be confiscated and to confirm or invalidate the same agreeable to law and to cause restitution to be made, which was read the first time, passed and sent to the Senate.

Received from the Senate the Petition of James Camp, endorsed in Senate, read and referred to the Committee appointed to report on the Petition of Roger Smith, which being read was referred on the part of this House to the said Committee.

Mr. Archibald Maclaine acquainted the House that there was a Gentleman present that had an accusation against him and urged that the House would appoint some particular time to hear it and his defense in his own justification, whereupon resolved, that tomorrow 10 o’clock be set apart for that purpose.

Received from His Excellency the Governor the following message:

To the Honourable the General Assembly:

Gentlemen:

I lay before you the proceedings of a Court Martial held in Edenton on the conduct of Colonel James Blount of Chowan County, respecting a Flag Vessel taken by Captain Summerhorn and carried into Virginia. The Court, reporting on the special matter only, have not proceeded to acquit or pass sentence but have left their opinion inconclusive.

I request the sense of your Honourable Body respecting this Transaction, and the opinion of the Court Martial on the Colonel’s Conduct aforesaid.

ALEX. MARTIN.

Whereupon Resolved, that His Excellency the Governor be requested to order a Court Martial of Militia Officers to determine

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on the facts stated in the proceedings of a Court Martial lately held on the conduct of Colonel James Blount of Chowan County, and that the officers constituting such Court shall report their opinion whether Colonel Blount ought to be restored to his command or not.

Resolved, that Henry Montfort, Esquire, be allowed the sum of thirty-five pounds specie for his attendance on the Board of Auditors for the space of twenty-eight days, as a member thereof in the year 1781, that the Treasurers or either of them pay him the same and be allowed in the settlement of their public accounts.

Resolved, that John Macon, Esquire, be allowed the sum of forty pounds sixteen shillings specie for his attendance on the Board of Auditors for the District of Halifax in the year 1781, as a member thereof, that the Treasurers or either of them pay him the same and be allowed in the settlement of their public accounts.

Received from His Excellency the Governor the following message:

To the Honourable the General Assembly:

Gentlemen:

In the last letter from General Greene, now before you, I am requested to furnish the State of South Carolina with cannon at Edenton, on loan or purchase; in either case they will be gladly received by that State. You will please to signify your pleasure respecting those Guns, that I may communicate the same to General Greene.

ALEX. MARTIN.

On reading a message from his Excellency the Governor respecting a proposal made by General Greene in behalf of the State of South Carolina for the purchase of certain Cannon belonging to this State, now lying at Edenton, Resolved, that His Excellency the Governor be impowered to dispose of the said Cannon to the State of South Carolina on the best terms he can, and that in case of a disposal he lay his proceedings herein before the next General Assembly.

Read the proposals of James Davis, Esquire, for making a revisal of the laws of this State. Ordered that they be referred to a joint Committee, that Mr. Maclaine, Mr. Cumming and Mr. Avery be a Committee on the part of this House for that purpose.

The House adjourned till 4 o’clock P. M.

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The House met according to adjournment.

The several papers, &c., supposed to contain accusation against Mr. Archd. Maclaine were read. Ordered that they be delivered to Mr. Maclaine for his perusal, &c.

Received from the Senate a Bill for purchasing a Lot or Lots in the town of Wilmington for the purpose of building a Gaoler’s House for the District of Wilmington and other purposes. Endorsed in Senate 5 May 1783, Read the first time and passed.

A Bill for opening the Land office, for the redemption of Specie Certificates and discharging the arrears due to the Army. Endorsed in Senate 5 May, 1783, Read the second time, amended and passed.

The House adjourned till tomorrow morning 6 o’clock.


Tuesday, 6 May, 1783.

The House met according to adjournment.

Resolved, that Mr. R. Kennon have leave of absence after Thursday for a few days.

Mr. W. Blount moved for leave and presented a Bill for Emitting —— pounds in paper currency for the purposes of Government for 1783, for the redemption of paper currency now in circulation & for advancing the Continental Officers and Soldiers part of their pay and subsistence and for levying a tax and appropriating the confiscated property for the redemption of the money now to be emitted, which was read the first time, passed and sent to the Senate.

The Bill for the establishing a Scale of depreciation, with a provision for suits commenced, for paper currency and for suspending the operation of the laws therein mentioned was read the second time, amended, passed and sent to the Senate.

Received from the Senate a Bill to repeal an Act entitled an act for appointing naval officers at the different ports in this State, &c.; a Bill to enable the Judges of the Superior Courts of Law and Equity to review the judgments had in the several County Courts against estates supposed to be confiscated, &c.; a bill for facilitating the navigation and regulating the pilotage of the several ports of this State. Endorsed in Senate 5 May, 1783, Read the first time and passed.

A Bill for altering the name of Jonathan Bronocks to that of

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Jonathan Bryan; a Bill for levying a tax on every hundred pounds value of taxable property in the County of Lincoln for building a Court House; a bill for building a Court House, &c., in Elizabeth Town in the County of Bladen; a Bill for allowing salaries to the Governor, &c.; a Bill to amend an act entitled an act to prevent excessive gaming; a Bill for assuring to the purchasers therein described the lands by them purchased, &c. Endorsed in Senate 5 May, 1783, Read the second time and passed.

Received from the Senate the proposals of Mr. Davis for making a revisal of all the Laws of this State now in force. Endorsed in Senate, Referred to Mr. Coor, Mr. Hill, Mr. Lane & Mr. Johnston.

Received from the Senate the Claim of Daniel Waggoner. Endorsed in Senate 3 May, 1783, Referred as by the House of Commons.

Received from the Senate the resolve of this House impowering his Excellency the Governor to dispose of the Cannon belonging to this State to the State of South Carolina, concurred with.

The House adjourned till 10 o’clock.

Met according to adjournment.

The bill for establishing two public schools in the County of Onslow and for other purposes was read the third time, passed and sent to the Senate.

The Honourable the Speaker laid before the House a Letter from Mr. Archibald Maclaine requesting that the House would postpone hearing his defence until tomorrow.

Ordered that the same be postponed until tomorrow, agreeable to Mr. Maclaine’s request.

Read the Petition of Landon Carter. Ordered that the same be referred to the joint Committee to whom was referred the Memorial of Richard Henderson.

The Bill for repealing an Act for appointing a place for the future meetings of the General Assembly was read the second time, passed & sent to the Senate.

The Bill to vest the title of a piece or parcel of Land lying in Camden County in Isaac Guilford and his Heirs in fee-simple was read the third time, passed & ordered to be Engrossed.

Mr. Avery, according to order, presented a Bill to erect a County

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adjoining the line of Virginia, including a part of Cumberland River, which was read the first time, passed and sent to the Senate.

The Bill to impower justices of the several Counties within this State to levy a Tax for the building and repairing their respective Court Houses, Prisons and Stocks, whenever it may be necessary, was read the first time, passed and sent to the Senate.

The Bill to amend an Act entitled an Act to vest the property of a Bridge or Causeway in Gideon Lamb and his Heirs, by him already built through the great Dismal Swamp from Lebanon to Camden County, for the term of twenty-five years, was read the second time, passed & sent to the Senate.

Mr. Person, from the Committee to whom was referred the Memorial of the Officers of the State Legionary Corps, reported as follows:

That Joel Lewis be promoted to the Rank of Colonel Commandant from the 5th of November, 1781; Bennett Crafton, First Major from the same date; Samuel Jones, Second Major, Ditto; Charles Gordon, First Captain, Ditto; Swann Troughton, Second Captain, Ditto; George Farragott, Major of the Horse from the 1st May, 1782; James Augs. Tabb, Major of Ditto from 1st. Sept., 1782; that Charles Gordon be promoted to the rank of Major from the time of Major Jones’ absenting himself from the Camp the 1st August, 1782.

That those who have withdrawn themselves from service shall not be entitled to pay any longer than they were in actual service.

That those who have voluntarily accepted of Commissions shall receive pay in their different ranks from the dates of their Commissions.

That those who were Commissioned out of the ranks shall not draw pay otherwise than privates. That all those hereby recommended to promotion, which were originally appointed as officers in the State Regiments, only draw pay according to their several ranks by their first Commissions to the 5th day of November, 1781, on the resignation of Colonel Williams, and that they draw pay from that time according to their several promotions from the 5th of November, 1781, to the Eleventh of October, 1782, which time your Committee conceives the service expired by the Law under which the same was raised. All which is submitted.

THOMAS PERSON, Ch.
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The House taking the said report into Consideration, concurred therewith.

Mr. Person, from the Committee to whom was referred the Memorial of Thomas Polk, reported as follows:

That it is the opinion of your Committee that the Comptroller be directed to settle with General Polk, and if by law he is not invested with that power, that a Resolve be entered into that shall enable him to settle as well with the said Polk and all other persons in this State that have or may have accounts with the Continent.

THOS. PERSON, Ch.

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

On reading the report of the Committee appointed to consider the Memorial of General Polk,

Resolved, that the Comptroller General be impowered and directed to examine his accounts against the United States and also the accounts of all other persons similarly circumstanced and to make such allowances as he may deem equitable.

Received from the Senate the Resolve of this House requesting his Excellency the Governor to order a Court Martial to determine on the facts stated in the proceedings of a Court Martial late held on the conduct of Colonel James Blount of Chowan County, &c., concurred with.

Received from the Senate the resolve of this House allowing John Macon, Esquire, the sum of Forty pounds sixteen shillings specie and the Resolve allowing Henry Montfort, Esquire, Thirty-five pounds Specie, concurred with.

Received from the Senate the resolve directing Colonel Samuel Lockhart to return a descriptive list of the Horses by him purchased for the use of the Southern Army, which being read was concurred with and returned to the Senate.

Received from the Senate the Bill for emitting —— pounds in paper currency for the purposes of Government for 1783, for the redemption of paper currency now in circulation and for advancing the Continental Officers and Soldiers part of their pay and subsistence, &c. Endorsed in Senate 6 May, 1783, Read the first time and passed.

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Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We propose that the General Assembly ballot on Friday next at 3 o’clock in the afternoon for a Council of State, Treasurers of the respective Districts, a place for the meeting of the next General Assembly and for Judges of the Courts of Admiralty for the Ports of Beaufort and Brunswick. We nominate for a Council of State Spruce McCay, William Hooper, John Penn, The Marquis De Bretigney, William Sharp, Eaton Haynes, Thomas Polk and Richard Henderson, Esquires; For Treasurers for the District of New Bern, Benj. Exum and Richard Cogdell; Edenton, William Skinner; Halifax, Green Hill; Hillsborough, Robert Burton and Memucan Hunt; Salisbury, Robert Lanier; Morgan, John Brown, and for Wilmington John Devane and Joseph Cain; for the place at which the next Assembly shall be held, the Towns of New Bern, Hillsborough, Cross Creek, Halifax and Salem, and for the time when the next meeting shall be, the first Monday in October next; For a Judge of the Court of Admiralty for Port Beaufort, Joseph Leech, Esquire; For a judge of the Court of Admiralty for Port Brunswick, John Spicer, Esquire, and have appointed Mr. Coor and Mr. Ramsey to superintend the balloting, which we propose shall be conducted at the Church.

The Bill to enable Thomas Hill, Guardina of Elizabeth Henry Hill, to convey to Joseph Cocke and Winifred, his wife, negro slaves therein mentioned was read the second time, passed and sent to the Senate.

The Bill for vesting the title of a certain piece of land in Ralph Miller of Bladen County was read the second time, passed and sent to the Senate.

Mr. J. Blount moved for leave to withdraw the Bill for opening the land office, &c., in order to prepare amendments against the third reading. Ordered that he have leave accordingly and that he return the same to the House on Friday next.

Resolved, that the said Bill be read on Friday next the third time.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We agree to your proposal to ballot for a Council of State, Treasurers of the respective Districts, a place for the meeting of the next

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General Assembly, for judges of the Courts of Admiralty mentioned in your message of this day on that subject on Friday next at three o’clock in the evening. We put in nomination for Councillors of State Spruce McCoy, William Hooper, John Penn, The Marquis of Bretigney, William Sharpe, Eaton Haynes, Thomas Polk, Nathaniel Macon, General Butler, James Williams, Philemon Hawkins, William Johnston of Warren County, Samuel Strudwick, Trogott Bagges, Benj. Shepperd, John Hay and Robert Burton, Esquires; For Treasurers for the District of New Bern, Benjamin Exum and Richard Cogdell; Edenton, William Skinner; Halifax, Green Hill and Thomas Eaton; Hillsborough, Robert Burton and Memucan Hunt; Salisbury, Robert Lanier, William Alexander; Morgan, John Brown; Wilmington, John Devane, Joseph Cain, William Purviance; for the place of holding the next General Assembly the towns of New Bern, Hillsborough, Cross Creek, Halifax, Salem, Smithfield, Salisbury, Tarborough, Wilmington & Edenton; for the time of holding it the first Monday in October; for Judges of the Court of Admiralty for Port Beaufort, Joseph Leech and Richard Cogdell; for Port Brunswick, John Spicer and Thomas Craike, Esquires. Mr. John Macon and General Thomas Person are appointed on the part of this House to superintend the balloting. We also nominate for Judge of the Admiralty for Port Brunswick Frederick Jones, Esquire.

Resolved, that the Bill for the appraisement of property taken by execution be read tomorrow for the second time.

Received from the Senate the Petition of Landon Carter. Endorsed in Senate, Referred as by the House of Commons.

Received from the Senate the Bill to vest the fee-simple of certain bonds therein mentioned in Thomas Eaton, his heirs and assigns; a Bill to vest the title of certain lands and other property therein mentioned in Thomas Cotton, James Cotton and ——— Cotton, their sister. Endorsed in Senate 6 May, 1783, Read the first time and passed.

A Bill for the establishing a scale of depreciation, with a provision for suits commenced, for paper currency and for suspending the operation of the Laws therein mentioned. Endorsed in Senate 6 May, 1783, Read the second time, amended and passed.

The Bill for building a Court House and Prison in Elizabeth

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Town in the County of Bladen was read the second time, passed and sent to the Senate.

The Bill for levying a tax on every hundred pounds value of taxable property in the District of New Bern for repairing the Court House and Gaol in the said District was read the second time, passed and sent to the Senate.

The Bill for purchasing a Lot or lots in the town of Wilmington for the purpose of building a Gaol and Gaoler’s House for the District of Wilmington & other purposes was read the first time, passed and sent to the Senate.

The Bill to amend an act passed at New Bern the 15th day of November, 1777, for making provision for the poor and other purposes was read the third time, passed and sent to the Senate.

The Bill to vest the fee-simple of certain lands therein mentioned in Thomas Eaton, his Heirs and assigns, was read the first time, passed and sent to the Senate.

The Bill to vest the title of certain Lands and other property therein mentioned in Thomas Cotton, James Cotton and ——— Cotton, their sister, was read the first time, passed and sent to the Senate.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We propose referring the Bill for dividing Duplin County and the Petition presented by the Inhabitants thereof praying a Division to a Committee from both Houses of the Assembly, who are to examine into the facts set forth in the Petition, and upon such examination to report whether the Bill may with propriety be passed into a Law and whether it is necessary and would relieve the Inhabitants from any considerable inconveniences arising to them from the present form of the County. Mr. Bloodworth, Mr. Howard, Mr. Cain, Mr. Winslow and General Bryan on the part of this House will act as a Committee for the above purpose.

Recd. the resignation of Michael Hoover and Samuel Freeman, two of the Justices of the Peace for Surry County, which were accepted of by this House.

The Bill for facilitating the navigation and regulating the pilotage of the several ports of this State was read the second time, amended, passed and sent to the Senate.

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Received from the Senate a Bill to erect a County adjoining the line of Virginia, including a part of Cumberland River. Endorsed in Senate 6 May, 1783, Read the first time and passed.

A Bill to amend an act entitled an act to vest the property of a Bridge or Causeway in Gideon Lamb, &c.

A Bill to enable Thomas Hill, Guardian of Elizabeth Henry Hill, to convey to Joseph Cocke and Winifred, his wife, the negro slaves therein mentioned.

A Bill to impower the justices of the several Counties within this State to levy a Tax for the building and repairing their respective Court Houses, Prisons and Stocks whenever it may be necessary. Endorsed in Senate 6 May, 1783, Read the second time and passed.

A Bill for vesting the title of a certain piece of Land in Ralph Miller of Bladen County.

A Bill for repealing an Act entitled an act for appointing a place for the future meetings of the General Assembly. Endorsed in Senate 6 May, 1783, Read the third time and passed.

A Bill to repeal so much of the assessment Law passed last Assembly at Hillsborough as relates to the taxing of Moravians, Quakers, Menonists and Dunkards. Endorsed in Senate 6 May, 1783, Read the first time and passed.

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

Mr. Drury Gee, from the Committee to whom was referred the Petition of the Inhabitants of Rutherford County, delivered in the Report, which being read was rejected, whereupon

Resolved, that the Brigadier-General of Morgan Brigade Militia shall call a Court of Equity to determine who are entitled to Seniority to rank as Field Officers of Rutherford County and make report thereof to the next General Assembly.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

Mr. Johnson and Mr. Coor will act jointly with such Gentlemen of your body as may be appointed to examine and compare the Engrossed copies of such Bills as are or may be passed during the present session with the Originals.

Ordered that the following message be sent to the Senate:

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Mr. Speaker and Gentlemen:

Colonel James Martin and Colonel Caswell are appointed on the part of this House to examine the Engrossed Bills.

The Bill to enforce the attendance of Jurors on the several Courts in this State, to provide for their subsistence when attending, and also to ascertain the pay of Witnesses attending the said Courts was read the third time, passed and sent to the Senate.

Received from the Senate the Resolve of this House impowering the Comptroller to settle the accounts of Thomas Polk and others, concurred with.

Received from the Senate the Report of the Committee on the Petition of the Officers of the State Legionary Corps, concurred with.

Mr. J. Macon moved for leave and presented a Bill for appointing Commissioners for selling the Lott number —— in Warrenton, whereon the public granary now stands, and other purposes, which was read the first time, passed and sent to the Senate.

Mr. Cage moved for leave to withdraw for amendment the Bill to impower the Commissioners therein mentioned to erect and build a Gaol and Stocks on the land of John Yancey, &c. Ordered that he have leave accordingly.

The Bill to indemnify such persons as have acted in defence of the State and for the preservation of the peace during the late war from vexatious suits and prosecutions was read the second time, amended, passed and sent to the Senate.

The House adjourned till tomorrow morning 6 o’clock.


Wednesday, 7 May, 1783.

The House met according to adjournment.

The Bill for vesting the title of a certain piece of Land in Ralph Miller of Bladen County was read the third time, passed and ordered to be Engrossed.

The Bill to amend an act entitled an act to vest the property of a Bridge or Causeway in Gideon Lamb and his heirs, by him already built through the great Dismal Swamp from Lebanon to Camden County, for the term of twenty-five years was read the third time, passed and sent to the Senate.

The Bill for altering the name of Jonathan Bronocks to that of

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

An additional Bill to an act entitled an act to establish a department for adjusting and liquidating the public accounts of this State and for appointing a Comptroller and other purposes was read the second time, passed and sent to the Senate.

The Bill to amend an act entitled an act to prevent excessive gaming, passed at New Bern 1780, was read the second time and rejected.

The Bill for appointing Commissioners for selling the Lotts Number —— in Warrenton, whereon the public granary now stands, and other purposes. Endorsed in Senate 7 May, 1783, Read the first time and passed.

A Bill for levying a tax of —— on every hundred pounds value of taxable property in the District of New Bern for repairing the Court House, &c.

A Bill for purchasing a Lot or Lots in the town of Wilmington for the purpose of building a Gaol and Gaoler’s House for the District of Wilmington, &c.

A Bill for facilitating the navigation and regulating the pilotage of the several ports of this State.

A Bill to vest the title of certain lands and certain property therein mentioned in Thomas Cotton, James Cotton and their sister.

A Bill for altering the times of holding the County Courts of Pleas and Quarter Sessions in the Counties of Edgecomb, Caswell and Warren, &c.

A Bill to vest the fee-simple of certain lands therein mentioned in Thomas Eaton, his Heirs and assigns. Endorsed in Senate 7 May, 1783, Read the second time and passed.

A bill for building a Court House and Prison in Elizabeth Town in the County of Bladen. Endorsed in Senate 6 May, 1783, Read the third time and passed.

The House adjourned till 10 o’clock.

Met according to adjournment.

The Bill to vest the title of certain lands and other property therein mentioned in Thomas Cotton, James Cotton and their sister was read the second time, passed and sent to the Senate.

Resolved, that John Auld and Stephen Miller be allowed the sum

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of twenty pounds eight shillings specie each and Thomas Chiles the sum of nineteen pounds four shillings for their services as Auditors for the lower Board of Salisbury District, and that Thomas Wade, jun., be allowed the sum of twenty pounds eight shillings specie for his services as Clerk to the said Board, that the Treasurers or either of them pay them the same respectively and be allowed in the settlement of their public accounts for the same.

A Bill for appointing Commissioners for selling the Lott number —— in Warrenton, whereon the public granary now stands, and other purposes, was read the second time, passed & sent to the Senate.

The Bill to vest the fee-simple of certain lands therein mentioned in Thomas Eaton, his Heirs and assigns, was read the second time, passed & sent to the Senate.

The Bill for appointing Commissioners to take into their possession sundry articles of public property and to secure them from embezzlement and further waste was read the second time, amended, passed and sent to the Senate.

Protest against the vote of the House of Commons upon the question whether Timothy Bloodworth, Esquire, late Treasurer of Wilmington District, is entitled to a seat by virtue of his Election, which was determined in the affirmative.

Dissentient.

Because: By the 26th Article of the Constitution it is provided “that no Treasurer shall have a seat in the Senate, House of Commons or Council of State during his continuance in Office or before he shall have finally settled his accounts with the public for all monies which may be in his hands, at the expiration of his office, belonging to the State, and shall have paid the same into the hands of the succeeding Treasurer,” and although it is not said in express words that such Treasurer shall not be eligible to a seat in the Legislature, yet if he is excluded from taking a seat therein he is impliedly excluded from everything which might otherwise entitle him to a seat, otherwise the fundamental Constitutions may be evaded and the wise provisions made thereby rendered nugatory.

Because: The payment of the monies in the hands of the Treasurer of Wilmington District to the Treasurer of New Bern District does not fall either within the spirit or the letter of the Constitution,

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which expressly directs that it shall be paid into the hands of his successor in office, that is, to the succeeding Treasurer of Wilmington District; and by appointing District Treasurers for the separate Districts of this State the Legislature thereby intended, not only to ease the people but for the adjustment of the public accounts, to keep those of each department separate and distinct whereas, by the payment to the Treasurer of New Bern District he must necessarily have to account for a sum of money arising from the Taxes in Wilmington District.

Because: Though a Treasurer may have a right to resign his office before the expiration of his year, yet he ought previously to acquaint the executive power of his intended resignation, that another person may be appointed to receive the public monies, and to whom he may constitutionally pay what balance he may have in his hands.

Because: By the Division of the House in favour of Mr. Bloodworth’s right to a seat the Constitution may, by force and strained constructions, be entirely evaded, and all the offices thereby intended to be excluded admitted to a participation in the Legislature, by which, in process of time, the two Houses may be constituted of a majority of such Officers and their adherents who will have it in their power to settle public accounts as they shall think proper, whereby the State may be defrauded of most of its resources, which will be applied to enrich individuals; for if an excluded Officer may be elected an officer of the General Assembly and afterwards resign, settle with the public, pay the monies that may be in his hands and take his seat as a member, he may continue as an officer and a member at the same time during his life; as by permitting such officers to take their seats, they may be again appointed to the same or a better office, & may be again elected, resign and take their seats at the next session, and so continue ad infinitum.

Because: All laws, and particularly Constitutional Laws, ought to be construed agreeable to the Spirit thereof, which in the present instance is in favour of the liberties of the people, and will not admit of interpretations which injure or destroy them.

Because: By the 25th article of the Constitution it is provided “That no persons who have heretofore been or hereafter may be receivers of public monies shall have a seat in either House of the

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General Assembly or be eligible to any office in this State until such person shall have fully accounted for and paid into the Treasury all sums for which they may be accountable and liable,” which expressly prohibits the election of any such officer, for the seat of a member of the General Assembly is an officer, and an officer of the highest trust of any in the State, notwithstanding the evasive arguments that have been made use of to the contrary.

Because: By the decision of this House on the present question all the rights of the people intended to be secured to them by the Constitution may be done away, and a fluctuating aristocracy established in the hands of designing men, who under the form of the Constitution may with facility vest a detestable tyranny in themselves and their families in express violation of the 21st article of the declaration of rights, which lays it down as a maxim “That a frequent recurrence to fundamental principles is absolutely necessary to secure the blessings of liberty.”

Because: It will avail us little that we have at the expense of so much blood and Treasure thrown off the yoke of the British Nation, if we suffer a tyranny of a more dangerous tendency to be established among ourselves.

Signed:
A. Maclaine,
L. Brown,
Thomas Person,
W. Cumming,
Edwd. Winslow,
Henry Montfort,
M. Jones,
David Shelton,
Richd. D. Spaight,
John Geddy,
James Howard,
David Turner,
B. Jones,
Jos. Ferebee.

Received from the Senate an additional Bill to an act entitled an act to establish a department for adjusting and liquidating the public accounts of this State and for appointing a Comptroller, &c.

A Bill for altering the name of Jonathan Bronocks to that of Jonathan Bryan.

A Bill to indemnify such persons as have acted in defence of the State and for the preservation of the peace during the late war, &c. Endorsed in Senate 7 May, 1783, Read the third time and passed.

The order of the day, for hearing read the petition and other papers containing an accusation against Mr. Archd. Maclaine, and for hearing his defence against such accusation, being called for and read, it was ordered that the petition from the Justices and other people of Bladen County containing the charge, and other papers

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relative thereto, be read, which were accordingly read, whereupon Resolved, that the House resolve itself into a Committee of the whole House to take the same under consideration. The House resolved itself into a Committee of the whole House accordingly and chose William Bryan, Esquire, Chairman, and after sometime spent therein Mr. Speaker resumed the Chair and Mr. Chairman reported that the Committee had come to the following resolution, vizt.:

That the facts contained in the said Petition are not sufficiently supported and that Mr. Maclaine’s vindication is satisfactory and fully sufficient in the opinion of this Committee to clear him of the aspersions raised against him.

W. BRYAN, Ch.

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

The House adjourned till 4 o’clock P. M.

The House met according to adjournment.

Mr. Cumming moved for leave and presented a Bill of pardon, indemnity and oblivion, and for restoring tranquility to the State, which was read the first time, passed and sent to the Senate.

Mr. Blount moved for leave and presented a Bill to amend an act entitled an act for the relief of the officers and soldiers of the Continental line and for other purposes, which was read the first time, passed and sent to the Senate.

Mr. Maclaine moved for leave to withdraw for amendment the Bill for the promotion of learning in the District of Wilmington. Ordered that he have leave accordingly.

Mr. Avery moved for leave to enter his dissent against the allowance made to Witnesses for their attendance at the Superior Courts. Ordered that he have leave.

On reading the Petition of William Lyles of Granville County, Resolved, that he retain in his possession as his own right and property one sorrel horse, which he heretofore furnished the public with, and which has since returned to his former range, upon his giving up the certificate given him for the value of the Horse.

Received from the Senate the report of the joint Committee on the Memorial of Richard Henderson, Esq., & Company, which being read was ordered to lie over until tomorrow.

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Received from the Senate a Bill for appointing Commissioners for selling the Lott Number 44 in Warrenton, whereon the public granary now stands, and other purposes.

A Bill to amend the assessment Law passed last Assembly at Hillsborough. Endorsed in Senate 7 May, 1783, Read the second time, amended and passed.

A Bill to vest the fee-simple of certain lands therein mentioned in Thomas Eaton, his heirs and assigns.

A Bill to vest the title of certain lands and other property therein mentioned in Thomas Cotton, James Cotton and ———, their sister. Endorsed in Senate 7 May, 1783, Read the third time and passed.

Resolved, that this House will not hereafter take under consideration, in order to form any resolution thereon, any Petition, paper or other thing supposed or suggested to contain any charge or reflection against a member of this House, unless the member or other person exhibiting such Petition, paper or other thing, previous to introducing to the House such charge, reduce the same to writing, and the House will thereupon proceed to take the same under consideration and not otherwise.

Received from the Senate a resolve of this House permitting William Lyles of Granville County to retain in his possession a sorrell Horse, &c., concurred with.

Ordered that the following message be sent to the Senate.

Mr. Speaker and Gentlemen,

We have appointed Messrs. Wilson, Lock, Blount, Phifer and Winslow to act with such Gentlemen as you may appoint to consider of such parts of the accounts of Col. Polk yesterday referred to the Comptroller, for which there are no vouchers to be produced, and report thereon.

Received from the Senate the report of the Committee on the Petitions of Roger Smith, James Camp and Thomas Smith, which being read was concurred with in part, to-wit, in favour of Thomas Smith.

Received from the Senate the Resolve of this House allowing John Auld, Stephen Miller, Thomas Chiles and Thomas Wade, jun., the several sums therein mentioned, concurred with.

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Resolved, that William Lewis have leave to absent himself from the service of the House after Saturday next.

Mr. Person, from the Committee to whom was referred the petition of John Ramsey, Esq., Reported as follows:

That we have taken under consideration the said petition of John Ramsey, Esq., Commissioner for the County of Chatham, and it appears to your Committee that in consequence of orders from William Pendergrass, Esq., Commissary General of purchases for the Southern Army, the said Ramsey laid in a quantity of Beef, Corn, &c., and it further appears that a part of the same fell into the hands of the British.

Your Committee are therefore of opinion that the Comptroller General be directed to make the said Ramsey an allowance for all such Beef, Corn, &c., as he shall make appear by his own oath or otherwise to have been taken or destroyed by the enemy, and that the Comptroller charge all such Beef, Corn, &c., to the Continental Account, as the same appears to have been laid in for the use of the Continental Army. All which is humbly submitted.

The several matters to this day referred being postponed, the House adjourned til to-morrow Morning 6 o’clock.


Thursday, 8 May, 1783.

The House met according to adjournment.

The Bill to vest the title of certain lands and other property therein mentioned in Thomas Cotton, James Cotton and their sister was read the third time, passed and ordered to be engrossed.

The Bill to enable Thomas Hill, Guardian of Elizabeth Henry Hill, to convey to Joseph Cocke and Winifred, his wife, the negro slaves therein mentioned was read the third time, passed and sent to the Senate.

The Bill for appointing Commissioners for selling the Lott number 44 in Warrenton, whereon the public granary now stands, and other purposes, was read the third time, passed and sent to the Senate.

The Bill to vest the fee simple of certain lands therein mentioned in Thomas Eaton, his heirs and assigns, was read the third time, passed & ordered to be engrossed.

Mr. Gallaway presented a Petition from a number of the Inhabitants

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of Guilford County praying a division thereof, which being read, Mr. Gallaway presented a Bill agreeable to the prayer thereof, which was read the first time, passed and sent to the Senate.

Received from the Senate the Bill to amend an act entitled an act for the relief of the officers and soldiers of the Continental line and for other purposes.

A Bill of pardon, indemnity and oblivion and for restoring tranquility to the State. Endorsed in Senate 7 May, 1783, Read the first time and passed.

A bill for appointing Commissioners to take into their possession sundry articles of public property, &c. Endorsed in Senate 8 May, 1783, Read the second time, amended and passed.

Received from the Senate the report of the Committee on the Petition of John Ramsey, concurred with.

Resolved, that Mr. Lock have leave to absent himself from the service of this House after Monday next.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen;

Mr. Bryan, Mr. Ramsey, Mr. James Campbell and Mr. Everagen will act with the gentlemen by you appointed to consider of and report on such charges as Col. Polk may have against the State for which he has no vouchers.

Received from the Senate a resolve allowing James Iredell, Esq., the sum of forty pounds specie, which being read was concurred with and returned to the Senate.

Mr. J. Macon, from the Committee to whom was referred the Petition of Samuel Clark, reported as follows:

That it appears to your Committee that an indented certificate, the property of said Clark, has been taken from him by the British or Tories, and may yet be in circulation, therefore your Committee are of opinion that the said claim cannot with propriety be allowed again. All which is submitted.

J. MACON, Ch.

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

Read the request of Alexander Mebane, late Commissioner of Specific Supplies for the County of Orange. Ordered that the same be

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referred to the Committee appointed to settle the accounts of the late Governors, Delegates, &c.

The House resumed the consideration of the report of the Committee on the accounts of the Honourable Richard Caswell, Esquire, late Governor of this State, which was concurred with and sent to the Senate.

The Bill for altering the name of Campbelton to Fayetteville and for appointing Commissioners to lay off streets, for the regulation of the said town and for giving a further time for saving Lotts in the lower Town was read the second time, amended, passed and sent to the Senate.

Read the Memorial of James Brooks, Exor., of Samuel Wood, Deceased. Ordered that the same be referred to the Committee to whom was referred the Memorial of Richard Henderson, &c.

Mr. John Macon moved for leave and presented a Bill for levying a Tax on all the Taxable property within this State for the redemption of Paper Currency and Certificates of every denomination, which was read the first time, passed and sent to the Senate.

Received from the Senate the report of the joint Committee on the Petition of Samuel Clark, concurred with.

The Memorial of James Brooks endorsed in Senate, referred as by the Commons.

The report on the Accounts of the Honourable Richard Caswell, concurred with, and the request of Alexander Mebane. Endorsed in Senate, referred as by the House of Commons.

The order of the day for reading for the second time the Bill for the appraisement of property taken by execution being called for and read, the said bill was read, according to order, the second time and rejected, whereupon, Mr. Avery required the yeas and nays, which are as follows:

Yeas: Messrs. Clinton, Kennon, Moy, Avery, Horn, Whitaker, Brickell, Diggs, Harget, Sanders, M. Jones, Jeffreys, Person, Ferebee, Riddick, Leak, Jackson, W. Bryan, Lenoir, P. Hawkins, Gillispie, Reading, Howard, Reed, Chiles, Webb and Bloodworth.—27.

Nays: Messrs. Geddy, Gee, Mebane, Farmer, McKinne, Caswell, Berger, Spaight, Bond, A. Bryan, Walters, Turner, J. Blount, W. Blount, Shelton, J. Macon, Vaughan, Cumming, B. Jones, Nunan,

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Ward, Phifer, Martin, D. Wilson, R. Maclaine, Arch Maclaine, Herndon, Winslow, Lucas, Bledsoe, Alderson, McDowal, Singleton, Gallaway, West, Hunter and Skinner.—37.

Received from the Senate a Bill for appointing an Inspector General and regulating the Finances of this State.

A Bill to amend an act entitled an act for regulating the Town of Edenton.

A Bill to vest certain lands in Richard Henderson and others.

A Bill for levying a tax on all the taxable property within this State for the redemption of paper currency and certificates of every denomination. Endorsed in Senate 8 May, 1783, Read the first time and passed.

Received from the Senate the resolve allowing Thomas Smith an annuity of twenty-five pounds specie, also a resolve directing the Auditors to make allowance for wastage in issuing provisions, &c., which were read and concurred with.

Received from the Senate the recommendation of the Honourable Major General Greene, in favor of Sergeant Morrison a wounded soldier. Endorsed in Senate, referred to the Committee appointed to report on Thomas Smith’s petition, the said recommendation being read, was referred on the part of this House to the said Committee.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen,

This House are of opinion that the appointing a judge of the Court of Admiralty for Port Beaufort by joint ballot of the General Assembly would be improper, as William Tisdale, Esquire, the present Judge of that Court, hath not resigned his appointment, but is suspended for a limited time; A Resolve on this subject we herewith send for your concurrence.

At the same time received the resolve referred to in the above message, which being read was concurred with.

Received from the Senate a resolve for disbanding the Magazine Guards and adjusting their claims for such service, which being read was amended and concurred with, with the amendments.

The House, according to order, resumed the consideration of the Report of the joint Committee on the Memorial of Richard Henderson, &c., and after some time spent in debate the report was rejected.

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Mr. Maclaine delivered in the Bill for the promotion of learning in the district of Wilmington, which he had leave to withdraw for amendment.

Resolved, that Richard Henderson, for himself and Company, for their expences, trouble and risque in settling the lands by them purchased of the Cherokee Indians, be allowed the full quantity of two hundred thousand acres of land in Powell’s Valley, beginning in the dividing line between North Carolina and Virginia, where the same is nearest to tthe old Indian Town, extending down Powell’s river on both sides thereof four miles wide to the mouth of the said River, then down Clinch River on both sides thereof Twelve Miles wide so far as to include the Complement of the Two Hundred Thousand Acres.

The House adjourned til 4 o’clock P. M.

The House met according to adjournment.

Received from the Senate the account of Caleb Nash. Endorsed in the Senate, Referred to the Auditors for the District of Edenton. The same being read was referred on the part of this House to the said Board.

The Bill for erecting commodious buildings in the town of ——— for public offices, keeping the public records, &c., was read the second time and rejected.

The Bill for the promotion of learning in the District of Wilmington was read the second time, passed and sent to the Senate.

The Bill for appointing an Inspector General and regulating the finances of this State was read the first time, passed and sent to the Senate.

Resolved, that the Bill for emitting —— pounds in paper currency for the purposes of Government for 1783, for the redemption of paper currency now in circulation and for advancing the Continental Officers and Soldiers part of their pay and subsistance, &c., be read the second time on Saturday next.

Resolved, that the Bill for the establishing a scale of depreciation, with a provision for suits commenced, for paper currency and for suspending the operation of the laws therein mentioned be read the third time to-morrow at 10 o’clock.

Mr. Ward, from the Committee to whom was referred the petition

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of Thomas Bloodworth, Reported as follows, vizt.:

That having carefully attended to the petition of Thomas Bloodworth, Marshal of the Admiralty Court of Brunswick, and having received the best information thereon to be had, altho’ the Division mentioned in said petition are of opinion that the Marshal by the Admiralty Act is intitled to two per cent. on the whole subject condemned on account of the great risque and labour he sustains in all such cases.

ENOCH WARD, Ch.

The House taking the said report into consideration concurred therewith.

Received from the Senate the Report of the Committee to whom was referred the accounts of General Polk, &c., which being read was ordered to be recommitted to the same committee.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We have received the report of the Committee to whom was referred the Accounts of Col. Polk, with which we do not concur, but propose that the said report be recommitted.

The Bill to vest certain lands in Richard Henderson and others, was read the first time, passed & sent to the Senate.

Received from the Senate a Bill to vest the Courts of the several Counties in this State with power to call to account as therein mentioned the Commissioners of Confiscated Property for their respective counties. Endorsed in Senate 8 May, 1783, read the first time and passed.

A Bill for altering the name of Campbelton to Fayetteville, &c.;

A Bill concerning lands which have become the property of this State by the possessors of the same in fee or otherwise dying and leaving no legal representatives, &c.; A Bill for the promotion of learning in the District of Wilmington, Endorsed in Senate 8 May, 1783, read the second time & passed.

The House adjourned til 6 o’clock to-morrow morning.


Friday, 9 May 1783.

The House met according to adjournment.

Mr. Lock moved for leave and presented a Bill to secure a title to

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the Citizens of this State to the negroes and other property fairly purchased of the Governor and Council of the State of Georgia, which was read the first time, passed and sent to the Senate.

The Bill for altering the name of Campbelton to Fayetteville and for appointing Commissioners to lay off streets, for the regulation of the said town, and for giving a further time for saving Lotts in the lower town, was read the third time, passed and sent to the Senate.

Resolved, that the certificate to be granted to Benjamin Whitaker for his services as Secretary to the Board of Auditors for the District of NewBern in consequence of the report of a Committee appointed to consider of his claim concurred with, shall stand upon the same footing in all respects when granted as the resolve entered into in favour of the Secretaries of the Halifax and Salisbury Boards, that is to say it shall be received in payment of Taxes.

The Bill to keep open Roanoke River for the passage of Fish up the same & for other purposes therein mentioned, was read the second time, amended, passed & sent to the Senate.

Mr. Bloodworth moved for leave to withdraw the Bill for purchasing a Lot or Lots in the town of Wilmington, &c., for amendment; ordered that he have leave.

The Bill to amend the assessment law passed last Assembly at Hillsborough, was read the second time, amended, passed & sent to the Senate.

The House adjourned til 10 o’clock.

Met according to adjournment.

The Bill to amend an act intitled an act for regulating the Town of Edenton, was read the first time, passed & sent to the Senate.

Read the Petition of James Miller complaining of an undue election of members of this House in the County of Rutherford.

Ordered that the said petition be referred to the Committee of Privileges and Elections.

The Bill for levying a tax on every hundred pounds value of taxable property in the District of NewBern for repairing the Gaol in the said District was read the third time, amended, passed & sent to the Senate.

The Bill for building a Court House and Prison in Elizabeth

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Town in the County of Bladen was read the third time, passed and ordered to be Engrossed.

Resolved, that the Treasurers or either of them pay unto Sherwood Haywood the sum of thirty-eight pounds eight shillings specie for his services as Clerk to the Board of Auditors of Halifax District in the year 1781, That the Treasurer paying the same shall be allowed in the settlement of his public accounts.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We agree that the report of the joint Committee on the accounts of Col. Polk be recommitted.

Received from the Senate the Resolve of this House allowing Richard Henderson and Company two hundred Thousand Acres of Land as therein mentioned, concurred with.

Received from the Senate the report of the Committee on the Petition of Thomas Bloodworth, concurred with.

Mr. Avery moved for leave to enter his protest as follows, vizt.:

On the question being put for allowing the Marshal of Port Brunswick two per cent. on the value of the ship Dawes and her cargo, according to his Petition, it was carried in the affirmative.

Waightstill Avery and others Dissentient.

1st. Because the said two per cent. by Law is allowed on the sales and is reputed to grow due for the service of selling the property and collecting and paying the money, the Marshal being auctioneer. But the Petitioner, by his own showing, did not sell the property, and therefore is not entitled by Law to the said two per cent.

2nd. Because that by the twelfth section of the Bill of Rights, it is declared that no freeman ought to be deprived of his property but by the Law of the land, the Spirit whereof would certainly forbid that any Tribunal whatever should deprive the Captors of the said Ship and Cargo of several hundred pounds worth of property without a Tryal by Jury and even without a hearing, for a demand which the petitioner’s application to the General Assembly to ascertain is a sufficient acknowledgment on his part that the Law has not ascertained. Where the Law hath not ascertained the compensation for any lawful service the parties are left to thir own agreement and

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where no special agreement is made, our Constitution and Laws will not warrant or permit a recovery for any more than the services were really worth, and the present resolve for two per cent. on the said ship and cargo to the Marshal may amount to several hundred pounds specie, either for no service at all or for services, which have by no means been proved to this House to be really worth as many pence.

3rd. Because that the present question, being intended as a decision of right, belongs to the Judicial powers of Governments, which as appears from the fourth section of the Bill of Rights ought to be forever separate and distinct from the Legislative, concluding because the said Resolve is unjust, unwarranted by the Laws of the Land and a Violation of the Constitution.

Signed:
W. Avery,
Thomas Person,
John Chiles,
Lewis Brown,
Arch’d Maclaine.

Received from the Senate a Bill to vest certain lands in Richard Henderson and others. Endorsed in Senate 9 May, 1783, Read the second time, amended and passed.

The House took up the consideration of the Resolve of the Senate allowing Robert Bignall, Esquire, late Commissioner of Trade, a certain sum therein mentioned for services & the balance due him on the settlement of his accounts with the Comptroller, &c., which was concurred with.

Resolved, that the Bill for facilitating the navigation and regulating the pilotage of the several ports of this State be read the third time on Monday next.

The order of the day, for the reading for the third time the Bill for the establishing a scale of depreciation, with a provision for suits commenced, for paper currency and for suspending the operation of the Laws therein mentioned, being called for and read, the said bill, according to order was read the third time, passed and sent to the Senate.

Mr. Cumming moved for leave and presented a Bill to suspend the operation of executions for the time therein mentioned, which was read the first time, passed and sent to the Senate.

Received from the Senate the Bill for extending the Dividing line between the Counties of Burke and Rutherford. Endorsed in Senate 9 May, 1783, read the first time and passed.

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A Bill to amend an act intitled an act for regulating the town of Edenton.

A Bill for appointing an Inspector General and regulating the Finances of this State, Endorsed in Senate 9 May, 1783, Read the second time and passed.

A Bill to amend the assessment Law passed last Assembly at Hillsborough. Endorsed in Senate 9 May, 1783, Read the third time and passed.

Received from the Senate the Resolve of this House allowing Sherwood Haywood the sum of thirty eight pounds specie, concurred with. Also the resolve in favour of Benjamin Whitaker. Received also the report of the Committee on the Memorial of James Brooks Executor of Samuel Woods, deceased, which being read was concurred with by this House.

Received from the Senate the following Message.

Mr. Speaker and Gentlemen:

The Senate have added to the nomination of Councillors, James Sanders, Esq.

Mr. Person from the joint balloting for a Council of State, Treasurers, a judge of the Court of Admiralty for Port Brunswick, the time where & when the next Assembly shall be held, reported.

That James Sanders, Nathaniel Macon, Spruce McCoy, Philemon Hawkins and Thomas Polk, Esquires, were Elected members of the Council of State.

Benjamin Exum, Wiliam Skinner, Green Hill, Memucan Hunt, Robert Lanier, John Brown and Joseph Cain, Esquires, Treasurers for their Districts respectively and John Spicer, Esquire, judge of the Court of Admiralty, and that the next session of Assembly is to be held at Hillsborough on the first Monday in October next, as appeared by a Majority of the votes of both Houses of the General Assembly. That neither of the other Gentlemen in nomination for Councillors had a majority of votes in their favour, and recommended to the House to ballot for two other members of the Council of State.

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

The House adjourned til to-morrow morning 9 o’clock.

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Saturday, 10 May, 1783.

The House met according to adjournment.

Read the Memorial of Matthew Ramsey; ordered that the same be referred to a joint Committee; members chosen Mr. W. Blount, H. Macon, & W. Bryan on the part of this House.

Ordered that the following message be sent to the Senate.

Mr. Speaker and Gentlemen:

We propose balloting at six o’clock this evening for two Councillors of State and nominate for Councillors William Johnston, Robert Burton, Benjamin Shepperd, the Marquis of Bretigney, William Sharpe and James Williams, Esquires. Should this proposal be agreeable to you please to signify it by message.

Read the Memorial of Thomas Wade which was rejected. Mr. Auld moved for leave to withdraw the said Memorial, ordered that he have leave.

Resolved, that Mr. Allen, Mr. Theophilus Hunter, Mr. Jeffreys and Mr. Caswell have leave of absence.

Mr. Bloodworth presented the Bill for purchasing a Lot or Lots in the Town of Wilmington for the purpose of building a Gaol or Gaoler’s House for the District of Wilmington, and other purposes, which was read the second time, amended, passed & sent to the Senate.

Read the resignation of William Grant, a justice of the Peace in Rutherford County, which was accepted of by this House.

Mr. Gillispie moved for leave and presented a Bill to vest the title of certain Lands in Duplin County in Joseph Herring, which was read the first time, passed and sent to the Senate.

Received from the Senate the Memorial of Matthew Ramsey. Endorsed in Senate, referred to Genl. Rutherford, Mr. Campbell & Mr. Coor.

Mr. Maclaine moved for leave to bring in a bill to repeal all acts and statutes and parts of acts and statutes that may operate against the intention of the fourth Article of the Treaty of Peace between Britain and the United States of America so far as such acts and parts of acts tend to prevent the execution of the said article.

Ordered that he have leave accordingly.

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Received from the Senate a bill to suspend the operation of Executions for the time therein mentioned. Endorsed in Senate 10 May, 1783. Read the first time and passed.

Received from the Senate the following message.

Mr. Speaker and Gentlemen:

The Senate agree to your proposition as to balloting for two Councillors of State yet to be elected, and propose that this business be done at the Court House.

Received from the Senate a resolve allowing Hardy Bryan, Administrator on the Estate of Lewis Bryan, Dec’d, the sum of fourteen pounds, six shillings, which being read was concurred with.

Received from the Senate the Petition of William Courtney. Endorsed in Senate 10 May, 1783, read and referred to Colonel Simpson’s Committee. The same being read was referred by this House to the said Committee.

Mr. Avery moved for leave and presented a Bill for levying a tax in Specie for the year 1783, which was read the first time, passed and sent to the Senate.

Received from the Senate the Bill to vest the title of certain Lands in Duplin County in Joseph Herring.

A Bill to impower the justices of the Inferior Courts to appoint a County Attorney and Solicitor to prosecute for the State in the Inferior Courts, and for the purposes of appointing a Salary and the fees of the Attorney and Solicitor. Endorsed in Senate 10 May, 1783. Read the first time and passed.

A Bill for purchasing a Lot or Lots in the town of Wilmington, &c. Endorsed in Senate 10 May, 1783, read the third time, amended and passed. An additional Bill to an Act intitled an act to establish a department for adjusting and liquidating the public accounts of this State and for appointing a Comptroller and other purposes, was read the third time, passed and ordered to be engrossed.

The Honourable the Speaker laid before the House a Letter from Richard Dobbs Spaight addressed to the Honourable the General Assembly acquainting that he accepted of the appointment of a Delegate to represent this State in Congress.

The same being read was sent to the Senate.

Resolved, that a writ of Election issue to the County of Craven

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for the Election of one member to represent the town of NewBern in this House in the room and stead of Richard Dobbs Spaight, Esquire, whose seat is vacated by the acceptance of the appointment of a Delegate. That the said Election be held on the 16 & 17 days of June next.

The Bill for assuring to the purchasers therein described the lands by them purchased, was read the third time and rejected.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House have appointed Mr. Mebane, Mr. Martin, Mr. Phifer, Mr. Gallaway and Mr. Herndon a Committee who will act jointly with such Gentlemen as the Senate may appoint to ascertain and prescribe some mode of pay to the Officers of the late State Legionary Core, &c.

The Bill for the promotion of learning in the District of Wilmington was read the third time, amended, passed and sent to the Senate.

The House adjourned til 4 o’clock P. M.

Met according to adjournment.

The Bill for repealing an Act intitled an act for appointing a place for the future meetings of the General Assembly, was read the third time, passed and ordered to be engrossed. Whereupon the yeas and nays being required by Mr. Person, which are as follows:

Yeas: Messrs. Geddy, McKinne, Moy, Clinton, Whitfield, Skinner, Bryan, Horn, Walters, Herritage, Brickell, Diggs, Turner, Harget, Sanders, Jordan, W. Blount, Vaughan, Cumming, B. Jones, Ward, Ferebee, Riddick, W. Bryan, Thomas, Reading, Howard, Read, Alderson, Bloodworth and West.—31.

Nays: Messrs. Gee, Mebane, Montfort, Lock, Berger, Bond, Avery, Whitaker, Harper, Shelton, Nunan, Phifer, Person, H. Macon, Martin, D. Wilson, Lewis, Leak, Aulds, Jackson, Lenoir, Herndon, Hawkins, Lucas, Bledsoe, McDowal, Gilbert, Chiles, Gallaway & Webb.—30.

Resolved, that this House will not receive any Bill unless of a public nature, after this evening.

The Bill to vest the Courts of the several Counties in this State with power to call to account as therein mentioned, the Commissioners

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of confiscated property for their respective counties was read the first time, passed & sent to the Senate.

The Bill to suspend the operation of executions for the time therein mentioned, was read the second time, amended, passed and sent to the Senate.

Received from the Senate a Bill for levying a tax in Specie for the year 1783. Endorsed in Senate 10 May, 1783, read the first time and passed.

Received from the Senate the report of the Committee to whom was referred the accounts of Colonel Polk. Endorsed in Senate 10 May, 1783, read and concurred with; the said report being read was concurred with by this House.

Received from the Senate Eleanor Carothers’ Petition. Endorsed in Senate referred to Genl. Rutherford, Mr. Coor, Mr. Hill, Genl. Jones, Mr. Irwin; the said Petition being read was referred on the part of this House to Mr. Avery, Mr. Phifer, Mr. Nunan, Mr. Turner, Mr. Bond, Mr. Wilson, Mr. Chiles and Mr. Bryan.

Resolved, that Archibald Murphey be allowed the sum of fifty-five pounds nine shillings, and John Nichols the sum of fifty-two pounds sixteen shillings specie for their services as members of the Board of Auditors for the District of Hillsborough, and Zeri Rice the sum of sixty pounds specie for his services as Clerk to the said Board. That the Treasurers or either of them pay them the said several sums respectively and be allowed in the settlement of their accounts with the public.

Mr. Winslow moved for leave and presented a Bill for appointing the several persons therein named to lay out Streets in upper Campbelton in Cumberland County and for the future regulation of said town & for giving a shorter time for saving lots in the lower town, and also for altering the name of Campbelton to ———.

Mr. Winslow moved for leave and presented a Bill to authorize Theophilus Evans of Cumberland County to receive Toll from all persons crossing a bridge by him built across Rock-fish Creek.

The Bill to amend an Act intitled an act for the relief of the Officers and Soldiers of the Continental line and for other purposes was read the second time, amended, passed and sent to the Senate.

Received from His Excellency the Governor the following message,

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To the Honourable the General Assembly,

Gentlemen,

I beg leave to draw your attention to the late Commissary General’s department of specific supplies which was abolished last Assembly, without any allowance being made the Officers for their services. Col. Davie being at the head of this business was first appointed by General Greene, Commissary General of purchases to the Southern Army in the year 1781, and was by the General recommended to the then Board of War of this State to superintend the provision supplies granted the Army. The Board being vested with all the powers respecting the provisions of this State, and the appointment of the Staff in general, and in short everything by them thought necessary for the public defence, thinking it proper that the provision supplies should be drawn into one channel for the use of the Army, did in pursuance of General Greene’s recommendation and the powers in them vested commission Colonel Davie Superintendant Commissary General with five assistants for the several Districts and one Clerk, who accordingly supplied the Army from the different Commissioners while it continued in the State and the neighbourhood thereof. This appointment was continued under Governor Nash and the Council extraordinary, the same under Governor Burke and the late Speaker of the Senate, all judging the existance of such an office absolutely necessary, as the executive had other employments on hand that called their attention than being immediately concerned in the Commissary business.

The Officers concerned in this department look up to the Government for support, who employed them under the powers given by the Legislature, something is therefore due them for their trouble and the services they have rendered the public, which I am sensible were considerable, notwithstanding some abuses may have been committed in this business, as well as others of public nature, which time and circumstances could not obviate. The late Council thus judged and accordingly recommended to the Governor to grant them pay from the Treasury equal to those of same rank in the Continental line, as also to the Quarter Master General of the State specially appointed by Governor Nash, for the Militia and the safe keeping of the Military Stores belonging to the State; this I have in some measure declined

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until I could take the sense of your Honourable body further on this subject. In the meantime I have granted £200 specie to Colonel Davie & £100 each to his five assistants and £50 to his Clerk not knowing to what officers in the Continental line their appointments may apply, and not having the sanction of the Legislature to this appropriation of the public money.

You will therefore please to signify your pleasure both respecting the Commissary and Quarter Master General’s departments, that I may conduct myself accordingly to the Gentlemen concerned therein.

ALEX. MARTIN.

Ordered that the same be referred to the Committee appointed to ascertain and report what Salaries shall be allowed the Commissary General, &c.

Received from the Senate a Bill to prevent vexatious suits and to confirm the rights and titles of sundry Citizens therein mentioned. Endorsed in Senate 10 May, 1783, read the first time and passed.

A Bill to suspend the operation of executions for the time therein mentioned.

A Bill to vest the Courts of the several Counties in this State, with power to call to account as therein mentioned, the Commissioners of confiscated property for their respective Counties. Endorsed in Senate 10 May, 1783, read the second time and passed.

Mr. Person from the Committee of Privileges and Elections reported as folows on the Petition of James Miller.

That we have taken the said Petition under consideration, and from Examination of papers with sundry affidavits relative thereto, are of opinion that the election for Rutherford County was conducted illegal, and that the members who now represent the said County in the House of Commons have not in justice right to seats.

THOS. PERSON, Ch.

The House taking the said report into consideration concurred therewith, and

Resolved, that a writ of election issue to the County of Rutherford for the Election of two members of this House in the room and stead of William Gilbert and Richard Singleton whose seats were vacated, that the said election be hel d on the 15 & 16 Days of September next.

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Mr. Person from the joint balloting for the two Councillors not before appointed reported that Robert Burton and the Marquis De Bretigney, Esquires, were by a majority of the votes of both Houses of General Assembly elected members of the Council of State.

The House taking the said report into consideration concurred therewith.

The several matters to this day referred being postponed the House adjourned til Monday Morning 6 o’clock.


Monday, 12 May, 1783.

The House met according to adjournment.

Resolved, that Mr. Hawkins be added to the Committee to whom was referred the Petition of Bazel Smith.

Received from the Senate the Resolve of this House impowering the Brigadier General of Morgan District to call a Court of Enquiry to determine who is intitled to rank as Field Officers in Rutherford County, concurred with.

Received from the Senate the following message:

Mr. Speaker and Gentlemen,

It is the opinion of this House that the Petition of Samuel Clark already reported on be recommitted, to which end we have appointed Genl. Rutherford, Mr. Coor, Mr. McCawley and Mr. Armstrong a Committee.

Ordered that the following message be sent to the Senate.

Mr. Speaker and Gentlemen,

We agree to recommit the Petition of Samuel Clark, the Gentleman appointed by this House are Mr. Gillispie, Mr. Hawkins, Whitfield, Thomas and Whitaker.

The Bill to revive and amend an act intitled an act for the regulation of the town of Wilmington, was read the first time, passed and sent to the Senate.

The Bill for appointing the several persons therein named to lay out streets in upper Campbelton in Cumberland County and for the future regulation of said town, and for giving a further time for saving lots in the lower town, and also for altering the name of Campbelton to—, was read the first time, passed and sent to the Senate.

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The Bill for facilitating the navigation and regulating the pilotage of the several ports of this State was read the third time, passed and sent to the Senate.

The Bill to authorize Theophilus Evans to receive Toll at Rock Fish Bridge by him built in Bladen County, was read the first time, passed and sent to the Senate.

The Bill for levying a tax on every hundred pounds value of taxable property in the County of Lincoln for building a Court House, Prison & Stocks for the use of said County, was read the second time, passed and sent to the Senate.

Received from the Senate a Bill to keep open Roanoke River for the passage of fish up the same and for other purposes therein mentioned. Endorsed in Senate 11 May, 1783, read the second time, amended and passed.

A Message from His Excellency the Governor of the 10th Inst. Endorsed in Senate referred as by the House of Commons.

The Petition of John Williams of Caswell County. Endorsed, read and referred to the Committee to whom was referred the Petition of John Simpson. The said Petition being read was referred to the same Committee on the part of this House.

Received from the Senate the Resolve of this House allowing Archibald Murphey, John Nichols and Zeri Rice the several sums therein mentioned, concurred with.

The Bill for appointing Commissioners to take into their possession sundry articles of public property and to secure them from imbesselment and further waste, was read the third time, amended, passed & sent to the Senate.

Received from the Senate the Memorial of the Honourable Richard Caswell, Esquire, Endorsed in Senate, read and referred to the Committee appointed to take under consideration the petition of Richard Henderson & Company, the same being read was referred to the said Committee on the part of this House.

The House adjourned til 10 o’clock.

Met according to adjournment.

Resolved that the Treasurers or either of them pay James Coor the sum of forty-four pounds eight shillings specie for services as an Auditor for NewBern District in April and May, 1781, for which

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such Treasurer shall be allowed in the settlement of his public accounts.

Mr. Gillispie presented an account from the Auditors of the District of Wilmington for attendance as members, &c. Ordered that that the same be referred to the Committee appointed to consider of and report on the accounts of the late Governors, &c.

Received from the Senate the Resolve of this House allowing James Coor the sum of forty-four pounds eight shillings specie, concurred with. Also the Acct. of the Auditors of the District of Wilmington. Endorsed, referred as by the House of Commons.

The Bill for opening the land office for the redemption of specie certificates and discharging the arrears due to the Army was read the third time, amended, passed and sent to the Senate.

Received from the Senate a Bill for levying a Tax on every hundred pounds value of taxable properly in the County of Lincoln for building a Court House, Prison and Stocks for the use of said County. Endorsed in Senate 12 May, 1783, read the third time and passed.

The House adjourned til 5 o’clock P. M.

Met according to adjournment.

Mr. Maclaine according to order presented a Bill to repeal all acts and statutes and parts of acts and statutes that may operate against the intention of the fourth and sixth articles of the Treaty of Peace between Great Britain and the United States of America so far as such acts and parts of acts tend to prevent the execution of the said articles, which was read the first time, passed and sent to the Senate.

Received from the Senate the Memorial of Peter & Constantine Perkins. Endorsed in Senate 12 May, 1783, read and referred to the Committee to whom was referred the Petition of John Wilcocks. The said Petition being read was referred on the part of this House to the said Committee.

Mr. Maclaine moved for leave and presented a Bill for altering the time of holding the Annual Assemblies and directing the manner of electing annual officers for the succeeding year, which was read the first time, passed and sent to the Senate.

Read the Memorial of John Tillman, Esquire, of Craven County, complaining of an undue election of members for said county. Ordered

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that the same be referred to the Committee of Privileges and Elections.

Read the Memorial of His Excellency Alexander Martin, Esquire. Ordered that the same be referred to the Committee to whom was referred the Memorial of John Ramsey.

Read the Memorial of a number of the Inhabitants of the Hawfields in Orange County, complaining of the conduct of John Steel, a Justice of the Peace for the said County. Ordered that the same be referred to a joint Committee. The Members chose Mr. Lock, Mr. Hawkins, Mr. Harget and Mr. Bloodworth.

Mr. Person moved for leave to withdraw the Bill to suspend the operations of executions, &c., for amendment. Ordered that he have leave accordingly.

The Bill to impower the justices of the several counties within this State to levy a tax for the building and repairing their respective Court Houses, &c., was read the second time and rejected.

Resolved, that Mr. Blount be appointed to examine the Engrossed Bills in the room of Colonel Caswell, who is returned home.

The Bill for altering the times of holding the County Courts of Pleas and Quarter Sessions in the Countys of Edgecombe, Caswell and Warren in this State, and for other purposes, was read the third time, passed and sent to the Senate.

The Bill for levying a tax on every hundred pounds value of taxable property in the County of Lincoln for building a Court House, prison and stocks for the use of said County, was read the third time, passed and ordered to be engrossed.

Received from the Senate the Petition of Abram Rees. Endorsed read & referred to the County Court of Rowan, the said petition being read was referred on the part of this House to the said Court.

Received from the Senate a Resolve for re-imbursing Mrs. Elizabeth Rhodes of Onslow County, the value of House rent, &c., which being read was concurred with.

The Bill for altering the name of Jonathan Bronocks to that of Jonathan Bryant, was read the third time, passed and ordered to be Engrossed.

Received from the Senate the Petition from the Hawfields against

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John Steel. Endorsed in Senate, referred to Mr. Brown, General Harrington, Mr. Moore, General McDowell and Mr. Hill.

A Memorial from His Excellency the Governor, Endorsed, referred as by the House of Commons, and also a Memorial from Charles Alexander, Endorsed, referred to the Committee appointed to take under consideration the petition of Matthew Ramsey. The said Memorial was read & referred by this House to the said Committee.

Received from the Senate a Bill authorizing James Davis, Esquire, to revise, print and publish all the laws, now in force and use in this State for appointing a public printer, and other purposes. Endorsed in Senate 12 May, 1783, read the first time and passed.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen,

The Senate have added Mr. Johnston, Mr. Armstrong and Mr. Bruce to the Committee appointed to take under consideration the Petition of John Wilcox.

The Bill to prevent vexatious suits and to confirm the rights and titles of sundry citizens therein mentioned, was read the first time, passed and sent to the Senate.

Resolved, that General Bryan be added to the Committee to whom was referred the Petition of John Fleetwood.

Resolved, that this House will strictly attend to the reading of Bills of a public nature and not attend to Bills of less importance until they are finished.

The several matters to this day referred being postponed

The House adjourned til to-morrow morning 6 o’clock.


Tuesday, 13 May, 1783.

The House met according to adjournment.

The Bill to vest certain lands in Richard Henderson and others, was read the second time, amended, passed and sent to the Senate.

Mr. William Bryan from the Committee to whom was referred the Petition of John Fleetwood, reported as follows:

That no affidavit or other voucher appears respecting the matter other than the testimony of Col. Long, who has acknowledged the receipt of sixty-seven head of Beef Cattle impressed from the said Fleetwood.

Your Committee are of opinion that he render the necessary proof

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and vouchers to the District Auditors, who are sufficiently impowered to settle his account and grant him a Certificate for the same.

All which is submitted.

WM. BRYAN, Ch.

The House taking the said report into consideration concurred therewith.

Resolved, that the Bill to impower the Commissioners therein mentioned to erect and build a Gaol and stocks on the lands of John Yancey, &c., be laid over until the first Monday in October next.

Read the resignation of John Steel, one of the Justices of the Peace for Orange County, which was accepted of by this House.

The Bill authorizing James Davis, Esquire, to revise, reprint and publish all the laws now in force and use in this State, for appointing a public printer, and other purposes, was read the first time, passed and sent to the Senate.

The Bill for extending the dividing line between the Counties of Burke and Rutherford, was read the first time, passed and sent to the Senate.

The Bill to amend an act passed at Halifax in November, 1777, intitled an act to prevent persons from stopping the passage of Fish up Dan River and Tar River was read the third time and rejected.

The Bill to amend an Act intitled an act for regulating the Town of Edenton, was read the second time, amended, passed & sent to the Senate.

The Bill for purchasing a Lot or Lotts in the Town of Wilmington for the purposes of building a Gaol for the District of Wilmington, and other purposes, was read the third time, passed and ordered to be Engrossed.

Received from the Senate the Bill to prevent all persons who have withdrawn themselves from this or the United States & all persons who have gone over to the Enemy or taken an active part with the Enemy from holding any office of profit or trust in this State. Endorsed in Senate 12 May, 1783, read the first time and passed. Ordered that the said Bill be read, the same was read the first time, passed and sent to the Senate.

Received from the Senate a Bill for appointing agents and holding

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Treaties with the Cherokee Indians. Endorsed in Senate 13 May, 1783, read the first time and passed.

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

The Bill concerning lands which have become the property of this State by the possessors of the same in fee or otherwise, dying & leaving no legal representatives, but such if any are subjects of the King of Great Britain & for collecting of debts due by Bond, Mortgage, or otherwise, was read the second time, amended, passed and sent to the Senate.

The Bill to vest the title of certain lands in Duplin County in Joseph Herring, was read the second time, passed and sent to the Senate.

The House adjourned til 10 o’clock.

Met according to adjournment.

Received from the Senate the Bill authorizing James Davis, Esquire, to revise, print and publish all the laws now in force, &c. Endorsed in Senate 13 May, 1783, read the first time and passed.

A Bill for extending the dividing line between the Counties of Burke and Rutherford. Endorsed in Senate 13 May, 1783, read the second time, amended and passed.

A Bill to vest certain lands in Richard Henderson and others.

A Bill to amend an act intitled an act for regulating the town of Edenton. Endorsed in Senate 13 May, 1783, read the third time and passed.

Resolve directing the Commissioners to lay out lands to the officers and soldiers to make report thereof, &c., which was read and concurred with.

Received also the report of the Committee on the Petition of John Fleetwood, concurred with.

The Bill to impower the Justices of the Inferior Courts to appoint a County Attorney and Solicitor to prosecute for the State in the Inferior Courts, and for the purposes of appointing Salary and the fees of the Attorney and Solicitor, was read the first time, passed and sent to the Senate.

The Bill to indemnify such persons as have acted in defence of the State and for the preservation of the Peace during the late War from

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vexatious suits and prosecutions, was read the third time, passed & ordered to be Engrossed.

Mr. Person from the Committee to whom was referred the settlement of the accounts of the Marquis De Bretigney, late agent from this State to the West Indies reported as follows.

That it appears to your Committee that the Marquis De Bretigney immediately on his appointment, proceeded to Martinique where upon the credit of the State and pledging himself and security, he procured several articles for the State, the cost and charges of which are two thousand one hundred and eleven pounds ten shillings, and his necessary expenses during his stay in Martinique, without any charge for the service or time, is nine hundred and seven pounds ten shillings, to which, is to be added the damage of a protested Bill drawn by him in Martinique on Governor Burke in favour of Mr. Claus Eighty pounds, amounting in the whole to three thousand and ninety pounds.

That he has received in part pay, Tobacco and pork that sold for five hundred and ninety-four pounds and two warrants from the Governor to the amount of one hundred and forty pounds amounting to seven hundred and thirty-four pounds (the two sums) so there appears to be due him a balance of two thousand three hundred and sixty-five pounds specie, which bears interest from the time he gave Bonds for it till paid. It is the opinion of your Committee that the aforesaid balance of two thousand three hundred and eighty-five pounds with such interest as may be due, be paid to the Marquis De Bretigney to enable him to fulfill such contracts as he has made in Martinique in behalf of this State and that the Treasurers, or either of them are hereby directed to pay the same for which they shall be allowed in the settlement of their public accounts. All which is submitted.

THOS. PERSON, Ch.

The House taking the said report into consideration concurred therewith.

The Bill for repealing two acts of the General Assembly was read the second time, amended, passed & sent to the Senate.

Mr. Avery moved for leave to enter his protest against the Section in the Bill for opening the Land Office, &c. Ordered that he have

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leave accordingly, Whereupon Mr. Avery delivered in his protest as follows:

Waighstill Avery doth protest against the —— Section of a Bill for opening the Land Office, &c.

1st. Because the charge therein contained of entering the long Islands of Holston in open violation of Treaty does not appear to him to be true, no Treaty or Copy of a Treaty laid before the General Assembly containing a Guarantee Cession or assurance of the said islands to the Indians previous to the Entry thereof in the land office, and the Indians had previously given up all claim to the lands for many miles on every side. And it is generally acknowledged as he alleges, that the Continental Commissioners of the Treaty since held, had no power or authority to cede any part of this State to the Indians, much less to sequester the private property of the Citizens and give the same away to the Indians. The claims by preoccupations for lands in that part of the State have been sanctified by law, and by the same Law and the principles of the Constitution, such claimants ought not to be divested of their property without a tryal by Jury.

2nd. Because that by the law of Nature and Nations, an adequate compensation ought to be made, for private property sequestered to the use of the public, and such sequestration ought not to be made, but for necessity and the General Good. In the present instance, it is alleged that orphans are stripped of their claims without tryal by Jury. Their property sequestered to the use of the Indians, without apparent necessity, and without making any compensation to the said orphans the owners thereof.

W. AVERY.

The order of the day, for reading for the second time the Bill for Emitting one hundred thousand pounds in Paper Currency for the purposes of Government, for 1783, for the redemption of Paper Currency now in circulation, and for advancing the Continental Officers and soldiers part of their pay, &c., being called for and read, the said bill according to order was read the second time, amended, passed & sent to the Senate.

Received from the Senate the Bill to impower the justices of the Inferior Court to appoint a County Attorney, &c. Endorsed in Senate 13 May, 1783, read the second time and passed.

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A Bill for appointing the several persons therein named to lay out upper Campbelton, &c. Endorsed in Senate, read the first time and passed.

Received from the Senate the reports of the Committee on the accounts of the Marquis De Bretigney, concurred with.

A Bill to prevent vexatious suits and to confirm the Rights & Titles of sundry Citizens therein mentioned.

A Bill for repealing two acts of the General Assembly.

A Bill to vest the title of certain lands in Duplin County in Joseph Herring. Endorsed in Senate 13 May, 1783, read the second time and passed.

Received from the Senate the Memorial of Thomas Wade. Endorsed Referred to the Committee to whom was referred the Memorial in behalf of Richard Henderson, &c. The said Memorial being read was referred on the part of this House to the said Committee.

Received from the Senate the Memorial of William Fields. Endorsed in Senate 13 May, 1783, read and referred to the County Court of Randolph so far as it relates to land. The said Memorial being read was referred to the said Court on the part of this House.

Received from His Excellency the Governor, the following message:

To the Honourable the General Assembly,

Gentlemen:

I send you herewith the account of Doctor Hugh Boyd of Salisbury against the public for sundry Medecines by him furnished and services done in his profession to the Militia and Continental Army while in this State for which he has had no allowance or satisfaction made him.

ALEX. MARTIN.

At the same time received the account referred to in the above message, which was ordered to lie over until October next.

The Bill for appointing the several persons therein named to lay out streets in upper Campbelton in Cumberland County, and for the future regulation of said Town, and for giving a further time for saving Lots in the lower town, and also for altering the name of Campbelton to Milton was read the second time, amended, passed and sent to the Senate.

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The Bill to repeal an act entitled an act for appointing Naval Officers at the different ports of this State and directing their duty in office, and for other purposes, and to revive and amend an act intitled an act for appointing naval officers at the different ports of this State & directing their duty in office, was read the second time, amended, passed & sent to the Senate.

Resolved, that Mr. Arch Maclaine and Mr. Avery have leave to absent themselves from the service of the House to-morrow.

Received from the Senate the Bill concerning lands which have become the property of this State, &c. Endorsed in Senate 13 May, 1783, read the third time, amended and passed.

Recd. also the Memorial of William Murphey. Endorsed referred to Simpson’s Committee; the said Memorial being read, was referred by this House to the said Committee.

The Bill for levying a tax in specie for the year 1783, was read the second time and rejected.

The Bill authorizing James Davis, Esquire, to revise, print and publish all the laws now in force and use in this State, for appointing a public printer and other purposes, was read the second time, amended, passed & sent to the Senate.

The House adjourned til tomorrow morning 6 o’clock.


Wednesday, 14 May, 1783.

The House met according to adjournment.

The Bill to prevent vexatious suits & to confirm the rights and titles of sundry citizens therein mentioned was read the second time, passed and sent to the Senate.

The Bill to vest the Courts of the Several Counties in this State, with power to call to account as therein mentioned, the Commissioners of confiscated property, or other officers for their respective Counties, was read the second time, amended, passed and sent to the Senate.

Read the representation of the Honourable Richard Caswell respecting the accounts of Col. Polk. Ordered that the same be referred to a joint Committee; members chosen Mr. Person, Mr. Blount, Mr. Gallaway, and Mr. Bloodworth.

The Bill for repealing two acts of the General Assembly was read the third time, passed and sent to the Senate.

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The Bill for extending the dividing line between the Counties of Burke and Rutherford was read the second time, passed and sent to the Senate.

The Bill for allowing Salaries to the Governor, Secretary and other Officers of State, was read the second time, amended, passed and sent to the Senate.

The Bill to amend an act intitled an act for regulating the town of Edenton was read the third time, passed and sent to the Senate.

The House adjourned til 10 o’clock.

The House met according to adjournment.

Resolved that the thanks of the General Assembly be presented by the Honourable the Speakers to the Honourable Hugh Williamson and William Blount, Esquires, for their having so timely and fully expressed the sense of the Citizens of this State in their address presented to His Excellency the Chevalier De La Luzerne, Minister of France, on the auspicious birth of the Dauphin.

The Bill to vest the title of certain lands in Duplin County in Joseph Herring, was read the third time, passed and sent to the Senate.

Received from the Senate the Bill for appointing the several persons therein named to lay out steets in upper Campbelton, &c.

A Bill for emitting £100,000 in paper currency, &c. Endorsed in Senate 14 May, 1783, read the second time and passed.

The Bill to enable the judges of the Superior Courts of Law and Equity to review the judgments had in the several County Courts against estates supposed to be confiscated, and to confirm or invalidate the same agreeable to Law, and to cause restitution to be made, was read the second time, amended, passd and sent to the Senate.

Received from the Senate the Bill to prevent vexatious suits, &c.

A Bill for extending the dividing line between Burke and Rutherford. A Bill authorizing James Davis, Esq., to revise, print and publish all the laws, &c. Endorsed in Senate 14 May, 1783, read the third time and passed.

Mr. Maclaine moved for leave to enter his protest as follows:

Protest in the House of Commons, on passing on third reading, the Bill for settling a scale of depreciation,making provisions for suits

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now depending in which the damages are laid in the late paper currency and for suspending the operation of the limitation laws.

Dissentient.

Because some of the clauses in the said Bill evidently counteract the fourth article of the Treaty of Peace lately made between Great Britain and the United States of America; for by that article it is provided that the creditors on either side shall meet with no lawful impediment to the recovery of the full value in Sterling Money of all bona fide debts theretofore contracted; and two of the said clauses except out of the benefit of the suspension of the limitation Laws, not only revolted Citizens and absentees, but all those who have been included within the description of any of the Laws commonly called confiscation Laws; and some of the said confiscation Laws are known to have comprehended as subjects to confiscation the Debts due by the People of this State to British Subjects.

Because the said Clauses are a covert and disingenous violation of the said Treaty, which we dare not openly avow and little short of a declaration of War against Great Britain.

Because this breach of national faith must necessarily involve all other States in the Union in a contention with this State, or with Great Britain, and as it is highly probable that the European Allies of the United States have become guarantees of the Treaty, they will be disgusted with a conduct so contrary to the practice of all civilized nations.

Because this breach of faith is accompanied with manifest injustice, in attempting to deprive honest and innocent men of their property contrary to an express stipulation for securing that property?

Because the said clauses are not only unjust, but unconstitutional as by the same clauses all suits for any lands, Tenements or hereditaments, or other property; or on any Bond, note or other contract, agreement or account, brought by any person coming within the description of the confiscation Laws shall be declared null and void; and no judgment shall be had thereon; which is to all intents and purposes, a retrospective law, making that void which was originally binding, upon good and valuable consideration. It is also unconstitutional in this, that it deprives freemen of their property by new

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and unheard of ways, and without any crime alleged to have been by them committed.

Because as a Commercial Nation we have by this Bill destroyed all commercial confidence, and indirectly forbad all trading nations from coming to us; and we shall finally be reproached as an ignominious people, on whose promises no reliance can be had.

A. MACLAINE.

Hillsborough, 14 May, 1783.

Because notwithstanding this Law, every honest man will endeavour to pay his just debts; and therefore it can only operate in favour of the unprincipled and dishonest part of the community.

A. MACLAINE.

Received from the Senate the representation of the Comptroller Endorsed in Senate, referred to Mr. Hill, Genl. Rutherford, & Mr. McCullock.

Also the resolve of this House requesting the Speakers of the Genl. Assembly to give the thanks of the State to the Honourable Hugh Williamson and William Blount, Esquires, &c., concurred with.

Received from the Senate the Memorial of David Wilson. Endorsed in Senate, read and referred to the Committee appointed to take under consideration his Excellency the Governor’s Memorial, the said Memorial being read was referred by this House to the said Committee.

The Bill to vest certain lands in Richard Henderson & others, was read the third time, passed and ordered to be engrossed.

Received from the Senate a Bill for appointing an agent and holding a Treaty with the Cherokee Indians, and also for appointing vendue Masters. Endorsed in Senate 14 May, 1783, read the second time, amended and passed.

Received from His Excellency the Governor the following message:

To the Honourable the General Assembly,

Gentlemen,

I send you herewith the Petition of Archibald McKay late of Cumberland County accompanied with a letter from General Greene

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addressed to me in his favour. I have indulged him to remain in the State until the same could be laid before you. I request the Honourable the Legislature to signify their pleasure respecting this and other persons in like cases, that the executive be relieved from daily importunities and embarrassments they are liable to from such persons.

ALEX. MARTIN.

Received at the same time the Petition of Arch McKay, which being read was referred to a joint Committee, the members chosen are Genl. Bryan, Mr. Geddy, Mr. Winslow and Mr. Hawkins.

Received from His Excellency the Governor the following message:

To the Honourable the General Assembly,

Gentlemen,

I lay before you two letters from our Delegates, omitted to be sent forward at the time the public papers were presented you.

ALEX. MARTIN.

The letters above referred to being read were sent to the Senate.

Received from the Senate the following message,

Mr. Speaker and Gentlemen,

The Senate being of opinion that the necessary business of this Session may be dispatched by Thursday next, have directed their Clerk to make up the estimate to that day, inclusive, and wish your body to adopt a similar resolution. It is our opinion that the estimate be made out at the rate of sixteen shillings per day.

Resolved that the members of this present Assembly for their attendance thereon, as well as those of the last for their attendance in November and January last be allowed at the rate of twenty shillings per Day for such attendance.

Ordered that the following message be sent to the Senate.

Mr. Speaker and Gentlemen,

We have directed our Clerk to make out the estimate of allowances including Saturday next and propose twenty shillings per day for the members attendance, and the same sum to those who attended in November and January last.

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Received from the Senate the folowing message:

Mr. Speaker and Gentlemen,

General Jones, Colonel Hill, Col. Everagin, Genl. Harrington, and Colonel Martin will act with such Gentlemen as you may think proper to appoint to confer with the Commissioners appointed by act of Assembly for laying off lands for the Continental Officers, &c. and make report of such conference.

Ordered that the following message be sent to the Senate.

Mr. Speaker and Gentlemen,

Mr. Blount, Mr. Winslow and Mr. Gallaway will act with the Gentlemen by you appointed to confer with the Commissioners for laying out lands for the Continental Officers, &c.

The Bill for appointing the several persons therein named to lay out streets in upper Campbelton in Cumberland County and for the future regulation of said town,and for giving a further time for saving lots in the lower town, and also for altering the name of Campbelton to Milton, was read the third time, amended, passed and sent to the Senate.

The Bill for dividing Duplin County, was read the second time, amended, passed and sent to the Senate.

Resolved, that the resolve of the General Assembly of the fifth inst. requesting his Excellency the Governor to order a Court Martial to report respecting the conduct of Col. James Blount of Chowan County, &c., be rescinded and the following adopted in lieu thereof.

Resolved, that His Excellency the Governor be requested to order a Brigade Court Martial of the Militia Officers of Edenton District to enquire into the charges against Col. James Blount of Chowan County as stated in the proceedings of a Court Martial late held on his conduct, and into such other charges as may be exhibited against him, and that the Court shall report their proceedings and opinion thereon to the Brigadier of the District; and the Brigadier shall thereupon report the same to His Excellency the Governor.

The Bill to impower the Justices of the Inferior Courts to appoint a County Attorney and Solicitor to prosecute for the State in the Inferior Courts and for the purposes of appointing a Salary and the fees of the Attorney and Solicitor, and for other purposes, was read the second time, amended, passed & sent to the Senate.

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Received from His Excellency the Governor the following Message:

To the Honourable the General Assembly,

I send you herewith a return of the confiscated property sold by the different Superintendent Commissioners as per their returns.

ALEX. MARTIN.

Resolved, that the Bill for emitting £100,000 in paper Currency, &c., be read to-morrow at 10 o’clock the third time.

The Bill for appointing an agent and holding a Treaty with the Cherokee Indians, was read the second time, amended, passed and sent to the Senate.

The Bill for extending the dividing line between the Counties of Burke and Rutherford was read the third time and rejected.

Resolved, that the Treasurers or either of them pay unto Waightstill Avery, Esquire, the sum of one hundred and thirty six pounds thirteen shillings and four pence specie for his services as Attorney General, &c., and the Treasurer so paying shall be allowed in the settlement of his accounts.

On the reading the Bill to vest certain lands in Richard Henderson and others, Mr. Person moved and was seconded, that the quantity of land to be allowed to the said Henderson and others should be reduced to 100,000 Acres, the question was put whether it should be reduced or remain as it stood in the Bill, and was carried in the affirmative, whereupon the yeas and nays were required by Mr. Person, which are as follows:

Yeas: Messrs. Geddy, Gee, Mebane, Montfort, McKinne, Moy, Farmer, Clinton, Whitfield, Lock, Skinner, Bond, Avery, A. Bryan, Horn, Walters, Heritage, Whitaker, Diggs, Turner, Harget, Harper, Sanders, Jordan, W. Blount, Shelton, Brown, Vaughan, Cumming, B. Jones, Nunan, Ward, Macon, Martin, Ferebee, Reddick, R. McLean, Leak, Jackson, W. Bryan, Cain, Herndon, Reding, Gillispie, Howard, Winslow, Bledsoe, Reed, Alderson, Gallaway, Webb, and Bloodworth.—52.

Nays: Messrs. Berger, Phifer, Person, Wilson, Hawkins, McDaniel and Chiles.—7.

The House adjourned til to-morrow morning 6 o’clock.

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Thursday, 15 May, 1783.

The House met according to adjournment.

The Bill concerning lands which have become the property of this State by the possessors of the same in fee or otherwise dying and leaving no legal representative, &c., was read the third time and rejected.

Received from the Senate a Bill to impower the Justices of the County Courts to appoint a County Attorney and Solicitor, &c. Endorsed in Senate 14 May, 1783, read the third time and passed.

The Petition of Archibald McKay, Endorsed referred to Genl. Harrington, Mr. Moore, Mr. Irwin, Mr. Wade & General McDowell.

The Resolve of this House rescinding one other resolve requesting his Excellency the Governor to order a Court Martial for the trial of Col. James Blount, &c., concurred with.

And also the following message:

Mr. Speaker and Gentlemen:

We consent that the estimate be made up to Saturday next inclusive and agree to your proposition as to the allowance of twenty shillings per day.

Received from the Senate a Bill to amend an Act intitled an act for the relief of the Officers & Soldiers, &c. Endorsed in Senate 14 May, 1783, read the second time, amended and passed.

A Bill for appointing an Agent and holding a Treaty with the Cherokee Indians. Endorsed in Senate 15 May, 1783, read the third time, amended and passed, and

A Resolve of the Senate in favor of Thomas Mulhollan, which being read was concurred with.

Read the Memorial of Nicholas Long, George Doherty and James Reed, Commissioners for & in behalf of the Officers of the North Carolina Militia, which was referred to the Committee appointed to confer with the Commissioners appointed for laying out Lands, &c., for the Officers.

Resolved, that Mr. William Bryan be added to the Committee to whom was referred the Petition of John Simpson & others.

The House adjourned til 9 o’clock.

Met according to adjournment.

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The Bill of Pardon and oblivion, was read the second time, amended, passed and sent to the Senate.

The Bill for appointing an Inspector General and regulating the Finances of this State was ordered to lie over until October next.

Received from the Senate the message proposing amendments to the Bill for building a Court House & Prison for the District of Morgan, &c., which being read was ordered to lie over until the first Monday in October next for consideration.

The Bill to erect a County adjoining the line of Virginia including a part of Cumberland River, was read the second time, amended, passed & sent to the Senate.

Received from the Senate the Resolve of this House allowing Waightstill Avery, Esquire, £136 13 shillings 4 pence specie concurred with.

The Bill authorizing James Davis, Esquire, to revise, print and publish all the laws now in force and use in this State, for appointing public printer and other purposes, was read the third time, passed and ordered to be engrossed.

The Bill to amend the assessment law passed last Assembly at Hillsborough was read the third time, passed and ordered to be Engrossed.

The Bill for emitting one hundred thousand pounds in paper currency for the purposes of Government, for 1783, for the redemption of paper currency now in circulation, and for advancing the Continental officers and soldiers part of their pay and subsistance, and for levying a Tax and appropriating the Confiscated property for the redemption of the money now to be emitted, was read the third time, amended, passed and sent to the Senate.

Received from the Senate a Bill of pardon and oblivion.

A Bill to erect a County adjoining the line of Virginia including a part of Cumberland River. Endorsed in Senate 15 May, 1783, read the second time, amended & passed.

Also the following message:

Mr. Speaker and Gentlemen,

The Senate have added to the Committee to which was referred the Petition of Mr. Wiliam Courtney, Mr. Irwin, Mr. Brown, Mr. McCawley & Mr. Bruce.

-------------------- page 357 --------------------

And also the report of the Committee on the Memorial of His Excellency Alexander Martin, Esquire, and Mr. David Wilson, which being read was concurred with.

Received from His Excellency the Governor the following message:

To the Honourable the General Assembly,

Gentlemen,

Agreeable to the returns of the sales of Cornell’s House and wharf in New Bern, which was made yesterday, you will find a large balance (to-wit) near £1,000 unpaid of the money arising therefrom, either by the purchaser or Superintendant Commissioner. As I had no return from the Superintendant Commissioner of this Transaction, I know not where to fix the delinquency. By good authority it is suggested, that a settlement of this money has been made in the Comptroller’s office, with Continental Officers certificates by the Superintendant Commissioner, under colour of which, several draughts have been protested, which I drew in favour of the civil list, to-wit the judges and Attorney General, judging from the Law that all the monies that arose from the sale of the special confiscated property reserved for the support of the Delegates were to be paid in Coin, and no other substitute whatever; that the residue if any, becomes a part of the public revenue subject to the disposal of the General Assembly or the Governor’s Draughts as in other cases.

I request the sense of the Honourable the General Assembly, as to this disposal of the public money by the Superintendant Commissioner whether it meets their approbation, and should it deem the public trust reposed in him has not been discharged, that some more summary mode be pointed out to effect a recovery of the balance, than an action on the case mentioned in the act directing the sale of confiscated property, and which it is doubtful will not apply in this special instance.

ALEX. MARTIN.

Ordered that the same be referred to a joint Committee, the members chosen are Mr. Blount, Genl. Bryan, Mr. Gallaway and Mr. Person.

Received from the Senate the accounts of Col. Long. Endorsed

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in Senate referred to a joint Committee, the members chosen are Mr. Coor and Mr. Ramsey. The said account being read was referred to a joint Committee on the part of this House, the members chosen are Mr. Hawkins, Mr. Harget, and Mr. Winslow.

Received from the Senate a Resolve requesting Colonel Long, Major Doherty and Captain Read, Commissioners, &c., to inform the Officers and Soldiers of the North Carolina Line as therein mentioned which being read was concurred with.

Received from the Senate the report of the Committee on the Memorial of Peter Perkins and Constantine Perkins, which being read was rejected, whereupon

Resolved, that six hundred and forty acres of land in Guilford County belonging to Peter Perkins and Constantine Perkins whereon an Iron Furnace is about to be erected, and also twenty-five labourers to be employed in carrying on the business of building the Iron Works be exempted from public taxation (the Labourers from Poll Taxes) for the space of two years.

The Bill to suspend the operation of the executions for the time therein mentioned, was read the third time, amended, passed & sent to the Senate.

Resolved, that the certificate to be issued to the members and officers of the present Assembly their attendance and services shall be endorsed in this manner.

Collectors and Receivers of Public Monies shall discharge the within mentioned sums with such public monies as they may have in their hands.

The House adjourned til to-morrow morning 6 o’clock.


Friday, 16 May, 1783.

The House met according to adjournment.

Resolved, that the fourth Day of July be and is hereby appointed a day of General Thanksgiving and praise to Almighty God for the gracious Interposition of Divine Providence in behalf of this nation; that it hath pleased Him to deliver us from the calamities of War, and crown our wishes with the blessings of Peace; and that his Excellency the Governor notify the same by Proclamation.

Mr. Bryan from the Committee appointed to consider the Petition of William Murphey, reported as follows:

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That your Committee find that Mr. Murphey’s Horse died upon the road as he was on his way to the Assembly last November, and that his Horse has strayed from him this Assembly and is likely to become a total loss. That Mr. Murphey has not been able to obtain any money for his services on the Assembly since the year, 1780, and that what money he received before that time for certificates of allowance he has deposited in the Public Funds, and cannot draw or obtain Principle or Interest.

That Mr. Murphey is a man in loe circumstances and has a large Family, for all which considerations, and his long and faithful services as a servant of the General Assembly, your committee are of opinion that it will be reasonable to allow him twenty pounds. All which is submitted.

WILLIAM BRYAN, Ch.

The House taking the said report into consideration concurred therewith.

The Bill to impower the Justices of the County Courts to appoint a County Attorney and Solicitor to prosecute for the State in the County Courts, and for the purposes of appointing a Salary and the fees of the Attorney and Solicitor, and for other purposes, was read the third time, passed and ordered to be Engrossed.

On reading the above Bill it was moved and seconded that the allowance to the County Collector should be reduced to sixteen dollars, this being objected to it was carried in the negative, whereupon the yeas and nays were required by Mr. Hawkins, which are as follows:

Yeas: Messrs. Clinton, Lock, Berger, Bond, Skinner, Herritage, Harper, Shelton, Vaughan, Phifer, H. Macon, Auld, Jackson, W. Bryan, Cain, Herndon, Hawkins, Bledsoe, McDaniel, Chiles, Gallaway, Webb and Bloodworth.—23.

Nays: Messrs. Mebane, Farmer, Montfort, McKinne, Moy, A. Bryan, Horn, Walters, Whitaker, Brickell, Diggs, Turner, Harget, Sanders, Blount, Brown, Cumming, B. Jones, Ward, Martin, Ferebee, Riddick, R. Maclaine, Leak, Reading, Gillispie, Howard, Read and West.

Mr. Geddy refused to vote.

The Bill to erect a County adjoining the line of Virginia, including

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a part of Cumberland River, was read the third time, amended, passed & sent to the Senate.

The Bill to prevent vexatious suits and to confirm the rights and titles of sundry citizens therein mentioned, was read the third time, amended, passed & ordered to be Engrossed.

The Bill of pardon and oblivion, was read the third time, amended passed & sent to the Senate.

Received from the Senate the Resolve of this House, directing the mode of Endorsement on Certificates.

The Resolve in favor of Peter Perkins and Constantine Perkins.

The Resolve of this House appointing a Day of General Thanksgiving.

The report of the Committee on the Petition of William Murphey concurred with.

A Resolve of the Senate directing the Auditors of Halifax District to settle and finally adjust the accounts of Jonas Crump, which being read was concurred with.

And Rec’d also His Excellency the Governor’s message relative to the accounts of Benjamin Shepperd Superintendant Commissioner. Endorsed in Senate 15 May, 1783, referred to General Rutherford, Mr. Johnston, Mr. Harrington, Mr. McCullock, Genl. Jones and Mr. Ramsey.

The House adjourned til 10 o’clock.

Met according to adjournment.

Whereas there is a considerable ballance due from this State to the Honourable the Marquis De Britigney late agent in the Island of Martinique, and whereas there is sixteen hundred and seventy pounds weight of Gun powder in the hands of Messrs. Mayall and Schellebec, Merchants in NewBern, belonging to the State which the said Honourable the Marquis De Britigney is willing to receive in part discharge of said ballance at four shillings specie per pound.

Resolved, that said Mayall and Schellebec be, and they are hereby directed to deliver said powder to said Marquis, or to his order upon the aforesaid Terms and Account.

Received from His Excellency the Governor the following message:

To the Honourable the General Assembly,

Gentlemen,

Whereas, John Swink of Rowan County, a German, hath made application

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to me for a Caveat which I have declined granting by reason of his not taking the oath of allegiance in the time prescribed by law, but since has taken the same before Judge Spencer, his Petition to the General Assembly I send you herewith, and request your interposition, with regard to him and other harmless characters who are likely to suffer for their ignorance of the Laws.

Several Depositions, &c., accompanied by the above message being read, whereupon,

Resolved, that His Excellency the Governor for the time being is hereby impowered and requested to grant a Caveat to John Swink,and upon any application of any Moravian, Quaker, Menonist or other Nonjuriors on oath or affirmation, that he grant Caveats to all such as to him shall seem just.

The Bill for appointing an Agent and holding a Treaty with the Cherokee Indians, was read the third time, passed and ordered to be Engrossed.

Whereas, John King one of the Auditors for the District of Wilmington hath removed himself, whereby it becomes necessary that some other person should be appointed to supply the vacancy.

Resolved, that Thomas Seawell be and he is hereby appointed an auditor in the room and stead of the said John King in the said District, and that he be vested with all the perquisites incident to the said office, and the said auditors are hereby directed to meet and sit in each County until the accounts are settled.

Received from the Senate the Memorial of Abisha Thomas, which being read was rejected.

The Bill to keep open Roanoke River for the passage of Fish up the same and for other purposes therein mentioned, was read the third time, amended, passed and sent to the Senate.

Mr. Winslow, from the Committee to whom was referred the accounts of Colonel Nicholas Long, reported as follows:

That they have examined the same and are of opinion that Colonel Long be allowed in the settlement of his accounts with the Comptroller two hundred pounds specie, for the charges contained within the said account, which is submitted.

EDWD. WINSLOW, Ch.

The House taking the said report into consideration rejected it.

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Whereupon Resolved, that the Comptroller allow Colonel Long in the settlement of his accounts one hundred and seventy-two pounds fourteen shillings specie, in lieu of the sum above mentioned.

Resolved, that James Malloy be allowed the sum of twelve pounds sixteen shillings specie, for riding sundry times express for His Excellency the Governor; that the treasurers or either of them pay him the same and be allowed.

Resolved, that the Bill for levying a tax on all taxable property within this State for the redemption of paper currency, &c., be laid over until October next.

Received from the Senate the resolve of this House for selling a certain quantity of gun powder to the Marquis De Britigney.

The Resolve appointing Thomas Seawell an Auditor, for Wilmington District, and the Resolve in favour of John Swink concurred with.

Recd. also, the report of the Committee on the Memorial of the Executors of Colonel Davidson, Dec’d. The same being read was concurred with.

Read the Memorial of Absalom Tatom and Anthony Bledsoe, Esq., Commissioners. Ordered that the same be referred to the Committee appointed to confer with the said Commissioners.

Ordered that the following message be sent to the Senate.

Mr. Speaker and Gentlemen:

We propose balloting at 7 o’clock this evening for an Entry Taker for the Western Lands, and put in nomination Colonel Armstrong, Doctor Burke, Colonel William Shepperd, Col. P. Hawkins and Col. William Polk.

Resolved, that Sergeant Morrison be allowed the sum of twentyfive pounds specie, for the present and the succeeding year, he having been wounded in the service of this State, and rendered incapable of procuring a subsistance. That the Treasurers or either of them pay him the same and be allowed.

Mr. Winslow from the Committee to whom was referred the accounts of General Harrington as stated in the account hereto annexed, by which it appears that the sum of one hundred and twenty-two pounds, thirteen shillings and four pence specie, is due from the public to the said General Harrington, and that the said account be

-------------------- page 363 --------------------
settled and allowed by the Comptroller according. All which your Committee submit.

EDWD. WINSLOW, Ch.

The House taking the said report into consideration concurred therewith.

Received from the Senate the resolve of this House allowing James Malloy £12 16s.

The Resolve allowing Sergeant Morrison twenty-five pounds, and the Resolve of this House in favor of Colonel Nicholas Long, concurred with.

Also the report of the Committee on the accounts of General Harrington concurred with.

Received from the Senate the folowing Message.

Mr. Speaker and Gentlemen:

We agree to your proposition as to balloting at 7 o’clock this evening for an Entry Taker; propose that this business be done at the Court House and have appointed Mr. Coor and Mr. Ramsey to superintend the same.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We agree that the balloting be conducted at the Court House, and have appointed Mr. Montfort and Mr. Whitfield to superintend the same.

Received from the Senate the Memorial of Absalom Tatom & Anthony Bledsoe, Commissioners, &c. Endorsed in Senate, referred as by the House of Commons.

Received from the Senate a Bill for allowing Salaries to the Governor, Secretary and other officers of State, and for other purposes. Endorsed in Senate 16 May, 1783, read the third time and passed.

Ordered that the said Bill be read; the same was read the third time, passed and ordered to be Engrossed.

Mr. Montfort, from the joint balloting for an Entry Officer of Lands for the Western part of this State, Reported, that John Armstrong, Esquire, was elected an Entry Officer of Claims for Lands, &c., by a majority of the votes of both Houses of the General Assembly.

-------------------- page 364 --------------------

The House taking the said Report into consideration concurred therewith.

The House adjourned til to-morrow morning 9 o’clock.


Saturday, 17 May, 1783.

The House met according to adjournment.

Resolved, that David Wilson be allowed the sum of one hundred and fifty-eight pounds eight shillings specie; Matthew Lock fifty-five pounds four shillings, William Cathay one hundred and twentythree pounds sixteen shillings specie, for their attendance and services as members of the Salisbury District Board of Auditors. That Richard Trotter be allowed the sum of two hundred and sixty-seven pounds twelve shillings for his services as clerk to the said Board, That the Treasurers or either of them pay the several sums allowed by this Resolve, respectively, who shall be allowed therefor.

Mr. Gee, from the Committee to whom was referred the Petition of John Archibald, delivered in a report which being read,

Resolved, that John Archibald be allowed the sum of fifteen pounds Specie, as a recompense for the loss of the service of a certain Indented Servant, who was drafted into the Militia service of this State. That the Treasurers or either of them pay him the same and be allowed.

Received from the Senate the Resolve of this House allowing John Archibald fifteen pounds specie, and the resolve allowing David Wilson, Matthew Lock, William Cathay, and Richard Trotter the several sums therein mentioned, concurred with.

The Bill to amend an act entitled an act for the relief of the officers and soldiers of the Continental line and for other purposes, was read the third time, amended, passed & sent to the Senate.

Received from His Excellency the Governor the following message.

To the Honourable the General Assembly,

Gentlemen:

I request the perusal of the several acts passed this session, together with the Journals before they are directed to be sent to the press, that I may be informed of what immediately concerns the administration.

ALEX MARTIN.
-------------------- page 365 --------------------

Resolved, that the Clerks of the General Assembly lay before His Excellency the Governor, the several acts passed during this session immediately after they are ratified.

Received from the Senate the report of the Committee on the Memorial of Charles Alexander.

The Report on the Memorial of Samuel Clark.

The Report on His Excellency the Governor’s message respecting confiscated property, and a Resolve of the Senate allowing John Wilcocks three hundred and fifty-six pounds eighteen shillings and six pence, which being read were severally concurred with.

Resolved, that that the Auditors of Salisbury District be directed to grant a Certificate to Daniel Waggoner for the sum of twentythree thousand six hundred and eighty-two pounds for the late State currency to replace a certificate of the same tenor numbered 235 (which as it appears to this House) has been destroyed by the British Troops.

Mr. Person from the Committee to whom was referred the Memorial of John Jones, Guardian, to Joseph John Alston delivered in a report, whereupon, Resolved, That the Treasurers or either of them pay unto John Jones, Guardian to Joseph John Alston, son of Joseph John Alston, deceased, the sum of four thousand three hundred and fifty-eight pounds currency, or the value thereof in specie, agreeable to the scale of depreciation computing the depreciation, at the first of January, 1781, for the value thereof paid the collector of Chatham County as the Tax on the Estate of Joseph John Alston, which was also paid in Halifax County; and the sum of six pounds eleven shillings & three pence specie, for the specific Tax paid by Mr. Jones on the said Estate in Chatham County which had also been paid in Halifax County. And the Treasurer paying the said sums shall be allowed therefor in the settlement of their public accounts.

Resolved, that John Madden be allowed the sum of six dollars in specie, for going express for writing paper for the use of the General Assembly. That the Treasurers or either of them pay him the same and be allowed.

Received from the Senate the Resolve of this House directing the Clerks to lay the Acts before His Excellency the Governor.

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The Bill to vest the Courts of the several Counties in this State with power to call to account as therein mentioned the Commissioners of Confiscated property, or other officers for their respective Counties, was read the third time, passed and ordered to be Engrossed.

Mr. Person, from the Committee to whom was referred the request of Alexander Mebane, reported as follows:

The Committee to whom was referred the accounts of Colonel Mebane, report that they have examined the same and find a balance due him of seventeen pounds eight shillings five pence. All which is submitted.

THOS. PERSON, Ch.

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

Resolved, that Colonel Alexander Mebane be allowed the sum of seventeen pounds eight shillings and five pence to re-imburse him, the value of that sum advanced in State currency for the use of the State while he was acting as a Commissioner of specific supplies, for the County of Orange, in the year 1781. That the Treasurers or either of them pay him the same and be allowed.

The resignation of Thomas Hill, a justice of the Peace in Chatham County, was read and accepted of.

Received from the Senate the report of the Committee on the representation of the Comptroller with respect to the accounts of Colonel Polk, which being read was concurred with.

Resolved, that a writ of election issue to the County of Greene for the Election of two members of this House; that the said Election be held on the second Monday & Tuesday in August next.

Mr. Blount presented the thanks of Nicholas Long, George Doherty and James Reed, Esquires, Commissioners in behalf of the officers and soldiers of the North Carolina line, to the General Assembly for the ready compliance in the relief afforded to the said line, which being read was sent to the Senate.

Resolved, that his Excellency the Governor be requested to inform his Excellency the Chevalier De La Luzerne, Minister Plenipotentiary of his Most Christian Majesty, that it is with the most heartfelt joy the General Assembly of North Carolina have been informed of the birth of a Dauphin of France.

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Whereas, the return made to the Assembly by the Clerk of Beaufort County of the assessment in the year 1782 not having been received for want of due form, and it appearing that the deficiency was not owing to any neglect in said Clerk.

Resolved, that his Excellency the Governor be requested to give directions to the Attorney General not to proscute the said Clerk for the penalty by Law inflicted for such neglect, and that a further time be allowed him, until the first Monday in October next to make his return.

Received from the Senate the Resolve of this House directing the Auditors of Salisbury to issue a certificate to Daniel Waggoner, &c. The Resolve in favour of John Jones, Guardian, &c. The Resolve in favour of John Madden and The Resolve in favour of Alexander Mebane concurred with.

Received from the Senate the resolve in favour of Eleanor Carrothers, which being read was concurred with.

Whereas, Richard Bradley of Wilmington, who was appointed by resolution of last General Assembly to superintend the sales of confiscated estates for the District of Wilmington, is since deceased.

Resolved, therefore, that Timothy Bloodworth be and he is hereby appointed Superintendant Commissioner for said District, and may have and exercise the same powers and authorities, and be intitled to the same fees that other District Superintendant Commissioners are intitled to.

Resolved, that the Board of Auditors for Hillsborough District, be and they are hereby directed to examine the Claim of the Officers of the late State Legionary Corps against the State, and grant them certificates for such balances as may appear to be due them, respectively, and such certificates shall be upon the same footing and of the same credit in all respects as the certificates granted to the Officers and Soldiers of the Continental Line, and that the Auditors in Examination of those claims be regulated by the report in favour of those officers. Concurred with by the General Assembly at the present Session.

Received from the Senate the Resolve of this House respecting the Clerk of Beaufort County; The Resolve appointing Timothy Bloodworth

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worth, Superintendant Commissioner, &c., and the Resolve respecting the Chevalier De La Luzerne, &c. Concurred with.

Received also, a resolve of the Senate relative to the Books and Papers belonging to the office of the late Earl Granville, which being read was concurred with.

Resolved, that a writ of Election issue to the County of Davidson, to elect two members of this House; that the said Election be held on the second Monday and Tuesday in August next.

Resolved, that a writ of Election issue to the County of New Hanover to elect one member of this House in the room and stead of Thomas Bloodworth whose seat was vacated; that the said election be held on the first Monday and the Tuesday following in September next.

Resolved, that John Haywood and John Hunt be allowed each the sum of forty pounds specie, for making out and furnishing the Comptroller with lists of the allowances made in each respective House of the General Assembly, and John Hunt the further sum of twenty pounds specie for making out copies of the acts of the last General Assembly for his Excellency the Governor, and attending on the Council with the same. That the Treasurers or either of them pay them the same and be allowed.

Received from the Senate the above resolve concurred with.

The business of the session being ended, Resolved, that the Speaker do sign the several acts passed this Session as the acts of the General Assembly, and the Journal as the acts of this House.

The House adjourned until the first Monday in October next, then to meet at Hillsborough.

By order,
E. STARKEY, Sp.
J. Hunt, C. H. C.


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1 This was Washington county in what is now Tennessee.—Ed.