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Colonial and State Records of North Carolina
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Minutes of the North Carolina House of Commons
North Carolina. General Assembly
April 19, 1784 - June 03, 1784
Volume 19, Pages 489-716

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HOUSE JOURNAL---APRIL 1784.

(THE FIRST PAGES SEEM TO BE MISSING.)

Richmond, John Speed.
Surry, William T. Lewis.
Sullivan,
Tyrrell, Benjamin Spruell and Everard Stubbs.
Washington, Charles Robertson and Langdon Carter.
Wayne, Benjamin Sherrod and William Alford.
Wake, James Hinton and Nathaniel Jones.
Wilkes, William Lenoir and Jesse Franklin.
Warren, Benjamin Hawkins and James Payne.
Town of Hillsborough, Archibald Lytle.
Edenton, William Cumming.
Halifax, Henry Montfort.
New Bern, John Sitgreaves.
Wilmington, Archibald Maclaine.
Salisbury,

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

Messrs. Thomas Alderson,
Joseph Ferebee,
Francis Lucas,
David Flowers,
Samuel Cain,
Andrew Oliver,
Zedekiah Stone,
Jacob Leonard,
Thomas Benbury,
John Herritage,
Michael Payne,
Enoch Sawyer,
Thomas Gray,
Benjamin Jones,
William Clark,
Messrs. William Cumming,
Archd. Maclaine,
William Alford,
—— Robertson,
—— White,
Isaac Sessums,
John Eborn,
Phill Hawkins,
Thos. Sherrod,
Richard Ransom,
Benjamin McCullock,
William Randal,
Nathan Mayo,
William Hill,
Thomas Person,
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Messrs. James Gillispie,
Henry Montfort,
Howell Edmunds,
William Pickett,
John Butler,
Richard Moy,
John Jordan,
Charles Robertson,
Thomas Harvey,
John Skinner,
Micajah Thomas,
Demsey Conner,
Robert Riddick,
George H. Barringer,
Joseph Robins,
Benjamin Spruell,
Messrs. James McDonald,
Joshua Grist,
John Sloan,
William Kendal,
William Hooper,
Langdon Carter,
Wiliam Lenoir,
Nathl. Jones,
Benj. Sherrod,
Jesse Franklin,
James Emmet,
John Sitgreaves,
Timothy Bloodworth,
Henry Montfort,
Archd. Lytle,
Benj. Hawkins.

Mr. Hooper proposed for Speaker the Honorable Thomas Benbury, Esq., who was unanimously unanimously chosen and conducted to the chair accordingly.

On motion, John Hunt was appointed Clerk.

John Haywood asst.; at the same time —— Mally and Peter Goodin were appointed Doorkeepers.

Mr. Maclaine moved for leave to enter his protest against the appointment of the Clerks, alleging that in accordance with Parliamentary rules they were officers from a former appointment. Ordered that he have leave accordingly.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The Senate is formed and ready to proceed on the business of Legislation.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House is also formed and ready to proceed to public business.

Ordered that a special return of the sheriff of New Hanover County of members to serve in this House be referred to a Committee of Privileges and Elections, who are to report upon this as well as

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all other doubtful cases respecting elections that may arise during this session, and that Mr. Maclaine, Mr. Benj. Hawkins, Mr. Phil Hawkins, Mr. Thomas Gray, Mr. William Cumming, Mr. Thos. Person & Genl. Butler be a Committee for the aforesaid purposes.

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 appoint on the part of this House Mr. Willie Jones & Mr. Coor to attend with the same.

The Address being read the House concurred therewith & appointed Mr. Hooper and Col. Lytle to attend on their part with the same.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We agree to the message proposed by you to be presented His Excellency & have appointed Mr. Hooper and Col. Lytle to attend him with the same on our parts.

Resolved, that the following rules of Decorum be observed during the present Session of Assembly.

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. That no person shall stand up or disturb another while he is speaking.

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

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

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

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

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

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

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

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

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

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

Read the Memorial of William Skinner, Esq. Ordered that the same be referred for consideration.

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


Tuesday, April 20, 1784.

The House met according to adjournment.

The returning officer for the county of Johnston certified that Samuel Smith and Arthur Bryan, Esqs., were duly elected to represent said County in this House, whereupon, they appeared, qualified and took their seats accordingly.

William Blount, one of the members for Craven County, John Sheppard, one of the members for Dobbs, James Payne, one of the members for Warren, and James Hinton, one of the members for Wake County, appeared, qualified & took their seats accordingly.

Received from His Excellency the Governor, the following message:

Gentlemen:

I propose to do myself the honor to wait on your Honorable body with the public dispatches & communicate in the usual way those matters I have to lay before you at such time and place as you will please to appoint.

ALEX. MARTIN.

Also the following message:

To the Honl. General Assembly:

Gentlemen,

I send you herewith the resignation of Timothy Bloodworth, Esquire, Superintendant Commissioner of Confiscated Estates in the District of Wilmington:

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Ordered that the following message be sent to the Senate:

Mr. Speaker &c.

We send herewith a message from His Excellency the Governor, proposing a meeting of both Houses of the Assembly in order to receive from him such public dispatches as he may have to lay before them in answer to which we propose that the following message be sent him.

To His Excellency Alex. Martin, Esq., Gov., &c.:

Sir,

The General Assembly have received your Excellency’s message of this day and think it unnecessary to trouble your Excellency with the communication of the public dispatches in person but are ready to receive them when your Excellency thinks proper.

Resolved, that Col. Lytle, Mr. Bloodworth, Mr. Sawyer, Mr. John Skinner & Mr. Payne be a Committee to act in conjunction with such Gentlemen as the Senate may appoint to receive of the Treasurers the Old State Currency.

Ordered that the following message be sent to the Senate:

Mr. Speaker &c.

We have appointed Mr. Bloodworth, Mr. Enoch Sawyer, Col. Lytle, Mr. Skinner and Mr. Payne a Committee on the part of this House to receive with such Gentlemen as you may appoint, all such Sums of the old State Currency from the different Treasurers as they may now have in their hands & propose that the Treasurers be directed to pay all the Certificates & Continental Currency into the hands of the Comptroller.

The returning officer for the County of Sullivan certified that William Cage and David Looney were elected to represent said County in the House of Commons, whereupon, they appeared, qualified agreeable to Law & took their seats.

Mr. Thomas Brickell one of the members for Hertford County appeared, was qualified agreeable to Law & took his seat.

Ordered that the following message be sent to the Senate:

Mr. Speaker &c.

We herewith send you a message from his Excellency accompanied with the resignation of Timothy Bloodworth, Esq., Superintendent Commissioner of Confiscated Property.

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Recd. from the Senate the following message:

Mr. Speaker &c.

The Senate approve of the message by you proposed to be presented to His Excellency the Governor in answer to the one received from him of this date and have caused that the same be signed and returned you herewith by Col. Williams & Genl. Gregory who on the part of this House will attend His Excellency with the same.

Ordered that Col. Hawkins and Mr. Payne attend on the part of this House His Excellency, with the message above alluded to.

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

That from the return made by the Sheriff of New Hanover which appears well founded, John Moore was duly elected to represent said County.

THOS. PERSON, Ch.

The House taking the report into consideration concurred therewith, whereupon, Mr. John Moore appeared, qualified agreeable to Law & took his seat.

Mr. John Bonds one of the members for Nash County, and Mr. Daniel McKissick one of the members for Lincoln County, appeared, qualified agreeable to Law & took their seats.

Received from His Excellency the Governor the following message:

Gentlemen of the Honourable the General Assembly:

I am happy to meet so respectable a representation of the State at this important crisis, when objects of great national as well of internal concern are to employ your Councils, and attend your decisions, from the wisdom of which I have the highest confidence those establishments necessary for the interests of the United Empire and the prosperity of this State will be formed.

The several communications necessary for your information on this occasion I do myself the honor to lay before you; among which with great satisfaction I first present you with the Definitive Treaty concluded at Paris between His Britannic Majesty and the United States of America, by their respective Commissioners the third of September last, transmitted to me by the Secretary of Congress; By which under God, our Sovereignty and Independence is fully confirmed,

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a conflict with one of the first nations of Europe gloriously terminated and a Revolution produced, scarce equalled in the Annals of Mankind, by which we have also secured the inestimable blessings of Humanity, and the enjoyment of those domestic political blessings which contribute to render free men happy. A Recommendation from Congress pursuant to the tenor of the said Treaty accompanies the same which will require such attentive consideration suitable to its great importance.

With pleasure I communicate to you from the above authority a Treaty of Amity and Commerce concluded between His Majesty the King of Sweden and the United States the third day of April, 1783. The Alliance with this great Northern Power at the then situation of our affairs was somewhat unexpected, and becomes the more engaging and interesting as that Monarch with generous and princely affection for those States requests it may be known it was unsolicited by them.

This new friend to the American Republic, joined to her other illustrious allies, raises her to still higher importance and intitles her to rank among the most favored Nations of the Earth. The jealousy of Britain seems yet to be awake at these distinguished marks of friendship and respect we are honored with from her neighbours, still uneasy at our separation from her; she wishes by her commerce to accomplish what she failed by her arms, that we may become her tributaries. I lay before you a Proclamation of his Britannic Majesty in Council under the authority of His Parliament, restricting the American trade, to his West India Islands in British Vessels, a measure not only injurious to the commerce and navigation of the United States but highly derogatory to their national honor. An act of the honourable the Legislature of Virginia together with the communications of His Excellency the Governor of that State, and our Delegates in Congress on this subject, I submit to your deliberations urging the propriety and necessity of granting to Congress powers similar to those mentioned in said Act, or adopting such uniformity of measures as may be presented by the other States, that this great commercial wound be healed, in the mean while that you remove every obstacle in the way on our part, in cultivating Harmony and Good will between the two powers agreeable to the Spirit

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of the late Treaty, and those principles of reciprocity, on which it is expressly founded.

I present you with a circular letter from His late Excellency Genral Washington which I am honored with for your deliberations and which he is pleased to signify may be considered his legacy to the States on his retirement to the Class of fellow Citizens after gaining the mighty objects of the revolution. The interesting matters therein contained evince the able Stateman in our late illustrious Commander, and demand your serious and particular notice, we must be sensible with him, that the powers delegated to Congress by the Confederation must be exercised and supported in the several States in their fullest extent to give life and vigour to the American Union, otherwise they become disjoined, feeble and inadequate to bring to a point the federal Government. Resolutions and Recommendations will be only the shadow of Treaty of power to which philosophers may indeed pay obedience when a practical coercive Government must bind the nation. Great wisdom hath been discovered in forming these new Commonwealths and connecting them under one common sovereignty in Congress, to whose constitutional authority if due submission be not yielded in regulating and directing the affairs of the United Republic a time may come, which God avert, when jealousies and Competitions may arise from restless ambition and feuds and factions rend the boasted knot too slender and too loosely tied, and thereby subject the scattered powers of the continent to the first Tyrant who will dare to seize them. The laws of Solon and Lycurgus are still revered, but Sparta, Athens and the other federated States, of ancient Greece long since have been no more; pride and ambition dissolved their union which during the continuance caused their enemies to tremble, from these sources sprang their intestine divisions by which they became a prey to a Conqueror whose more compacted strength and wiser councils, soon gave law to the world. The superstructure of the vast American republic is raised we trust on a firmer foundation in a land unknown to Alexander or Cæsar, it remains for time and experience to complete the building; the eyes of the world are on this new Phenomenon, wondering how the mighty work is so far accomplished; one of the apartments of this fabric is yours, the task will be to strengthen, ornament and finish what is so well designed under one

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uniform appearance; otherwise rude, disjointed materials may weaken and disfiure the whole and one faulty pillar bring the goodly structure to the ground.

The important business of a continental revenue from this State was left undetermined in the last session of the Assembly. I am earnestly pressed by His Excellency the President and the Financier to urge the importance of this subject at your first meeting, and even to call you together at an earlier day than the present for this purpose. The weighty arguments contained in the Resolution of Congress, their addresses and other papers which I present you with, anticipate any further observations of mine on this Topic, but most earnestly to request your compliance with the Requisitions of that Honourable body, or form in your wisdom some other plan of supporting your part of the Continental credit, by which the national character of these States is to be supported at Home and respected abroad.

That the poor be relieved as much as possible in the business of Taxation it may not be improper to suggest that should you approve of the Imposts recommended by Congress in addition to the same a fund be raised for public exigencies from duties on our articles of produce in which the more opulent are concerned provided those States which cultivate the same articles accede to the measure and extend it to themselves. The defence of the State as well as the Union must now be placed in our Militia who being properly arranged might be very respectable, and answer all the purposes of a standing Army.

The boundary with our sister State of South Carolina claimed in our bill of rights is now a proper object for your consideration, to ascertain which with precision becomes daily more interesting. A Treaty was directed by an act of the last session to be held with the Cherokee Indians, to obtain a cession of their claim to certain lands in the Western Country within the chartered limit of the State, and that goods to a certain amount be bought and given them as compensation for the same. The difficulty of procuring proper goods hath retarded the business until now, which difficulty is removed, by the arrival of the purchased goods. The intentions of the Legislature, will be answered, as soon as they can be conveyed to the place of holding the Treaty.

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The act of opening an Entry Office for the said lands seems to contain some ambiguities of expression which I submit to your pleasure for further explanation and amendment. The paper Emission of the last Assembly having the happy effect in discharging part of the pay of the Continental line of this State, to the great satisfaction of the officers and men and the public in general, permit me to propose the expediency of forming a sinking fund for collecting and destroying yearly or half yearly the same, that the whole may be called in at the period the Legislature have assured the public its existence will terminate, by which in the mean while a greater credit will be given to the residue of that Emission, which will continue in circulation to the time aforesaid. The trade and navigation of this Country is of lasting consequence, and require your immediate interposition and patronage. It is necessary our rivers be rendered more navigable, our roads opened and supported, by which the industrious planter may have his produce carried to market with more ease and convenience.

Thereby more merchants of opulence would be induced to settle in the State and open new resources of industry among our Inhabitants whose labors being fully compensated daily additions would be making to their respective wealth, in proportion to which the revenue of the State would be also increased. The Inspection laws have long been dormant; I beg leave to remind you of the necessity of their revival and amendment, that the former credit of our produce be still supported at foreign markets.

Let me call your attention to the education of our youth; may seminaries of learning be revived and encouraged, where the understanding may be enlightened, the heart mended, and genious cherished; where the State may draw forth men of abilities to direct her Councils and support her Government. Religion and Virtue claim your particular care. Legislators in all ages and nations have interwoven the Government with these essential materials; to preserve the morals of the people is to preserve the State; may men of piety and exemplary life who conduct the affairs of religion meet your countenance and receive support not incompatible with the principles of the Constitution. What may be the minute objects of your deliberations I shall not delay your patience to enumerate, submitting to your wisdom those concerns of the State you shall deem more

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or less interesting according to their magnitude, but shall take my leave with these general observations. At this auspicious period of our affairs when the noise of arms and war are no longer heard, a glorious opportunity presents of cultivating the arts of peace and good Government on principles of the soundest policy, by which nations have been conducted to greatness and become the envy and admiration of the world. You have before you the wisdom and experience of ages, sources from whence what is good and great may be drawn, which added to your own Treasures of political knowledge may be wisely expended, and applied in bringing the State to some degree towards perfection. I need not mention you are building for futurity and that your wisdom and caution will hand down only proper materials, as monuments of your transactions. For centuries to come the infant annals of these times no doubt will be traced back with eagerness by inquisitive posterity, for precedents, for maxims to which the future Government may still conform. Let them not be disappointed. Now is the important moment to establish on your part the Continental Power on its firmest basis by which the people of these States rose and are to be continued a Nation. Now it behooves you to render permanent the security and the honor of the State, to form such laws that public virtue may be encouraged to diffuse its spirit through all ranks, & be pleased with the Government which it hath erected that the guilty be punished and the just be rewarded; that every citizen enjoy these equal rights promised him by the Constitution, and which God and nature have given him. By these you will discover to the world the Excellency of an American Commonwealth, and evince that the Government of Kings is not always necessary to make a people happy.

ALEX. MARTIN.

Ordered that the said message and papers be sent to the Senate with the following message:

Mr. Speaker &c.

We herewith send you a message this day received from His Excellency the Governor accompanied with the dispatches and papers therein referred to, and have appointed Mr. Blount, Mr. Sitgreaves, Mr. Phill Hawkins, Mr. Gillispie, Mr. Benj. Hawkins, Mr. Person; Mr. Maclaine, Mr. Hooper and Mr. Cumming to examine and report

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with such Gentlemen as you may appoint for that purpose what measures are necessary to be taken in consequence of the Intelligence they convy.

Received from the Senate the following message:

Mr. Speaker &c.

With this you will receive the resignation of Henry Rains, as Justice of the Peace for Johnston County, accepted by this House.

Read the Memorial of Judge Spencer on the subject of Salary and depreciation. Ordered that the same be referred to a joint Committee of both Houses to report upon. That Mr. Montfort, Mr. Cumming, Mr. Gillispie, Mr. I. Moore, Mr. Sawyer and Mr. Thomas Gray be a Committee on the part of this House for that purpose.

Ordered that the following message be sent to the Senate:

Mr. Speaker &c.

We herewith send you the Memorial of Judge Spencer on the subject of the depreciation of his salary which we propose referring to a joint Committee of both Houses to report, and have for that purpose on our part appointed Mr. Montfort, Mr. Cumming, Mr. Gillispie, Mr. I. Moore, Mr. Sawyer & Mr. Thomas Gray.

The House adjourned till to-morrow morning 9 o’clock.


Wednesday, 21st April, 1784.

The House met according to adjournment.

The returning officer for Richmond County certified that John Speed was duly elected to represent said County in this House, whereupon, the said Mr. John Speed appeared, qualified agreeable to Law and took his seat.

The returning officer for Surry County certified that Mr. Wm. Lewis was duly elected to represent said County in this House, whereupon, the said William Lewis appeared, qualified agreeable to Law & took his seat.

The returning officer for the County of Anson certified that Mr. John Auld and Jonathan Jackson were duly elected to represent said County in this House, whereupon, the said John Auld & Jonathan Jackson appeared, qualified agreeable to law & took their seats.

Resolved, that the late County Commissioner of Provisions issued to the Continental Army for Orange County be directed to issue a certificate for the sum of fifteen dollars and two thirds of a dollar

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to John Hogan to replace one for the same sum formerly issued and lost & destroyed by the said Hogan.

Received from the Senate the following message:

Mr. Speaker, &c.:

The Senate appoint Mr. Coor, Mr. Lane, Mr. Willie Jones, Mr. Samuel Johnston, Mr. Battle & Mr. Macon a Committee who will on the part of this House act with the Gentlemen by you appointed to examine and report on the Governor’s message of this day & the State papers accompanying it.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We propose that the Committee yesterday appointed to examine & report upon the Governor’s message be also further directed to consider what Bills of a public nature are necessary to be passed into Laws at the present session & to prepare and bring in the same. This House have added to the Committee General Butler.

Read the resignation of Henry Hart.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send you herewith the resignation of Henry Hart of his office of Justice of the Peace for Edgecombe County accepted.

Resolved, That the Board of Auditors for the District of Halifax be directed to issue a certificate to Edward Davis for the sum of thirty pounds specie to replace one for the same sum formerly issued and lost and destroyed.

Read the Petition of Richard Cogdell, Esquire, & the Petition of John Simpson. Ordered that the same be referred to the Committeee appointed to take under consideration the Memorial of Judge Spencer, & that the following message be sent to the Senate.

Mr. Speaker &c.

We herewith send you the Petition of John Simpson, Esq., & the Petition of Richard Cogdell, Esq., which we propose referring to the Committee appointed to consider of the Memorial of Judge Spencer.

Recd. from His Excellency the following message:

To the Honourable the General Assembly:

Gentlemen,

I send you herewith the registry books of the public dispatches

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received, as also those written during my administration. In the latter end of Vol. I you have the proceedings of the Council of State.

ALEX MARTIN.

Read the Memorial of Edward Griffin. Ordered that the same be referred to a Committee of Propositions & Grievances. The members on the part of this House are Mr. Sessums, Mr. Butler, Mr. Gray, Mr. Harvey & Mr. White.

Ordered that the following message be sent to the Senate:

Mr. Speaker, &c.:

This House have appointed Mr. Sessums, Genl. Butler, Mr. Gray, Mr. Harvey and Mr. White to act with such Gentlemen as you may appoint, to consider of all Grievances for which remedies may be prayed of this Assembly, and to propose the same. We propose that the Petition of Edward Griffin herewith sent you be referred to them.

Read the certificate of Jones County Court in favour of Hugh Stanley, a disabled man. Ordered that the same be referred to the aforementioned Committee, & that the following message be sent to the Senate.

Mr. Speaker, &c.:

We herewith send you a recommendation of the County Court of Jones in favour of Hugh Stanley, which we propose referring to the Committee of Propositions and Grievances.

Read the Petition of Sundry of the Inhabitants of Washington County praying an act of pardon and oblivion in favour of Richard White, Thomas Payne and others, concerned in the killing of a certain James Campbell. Ordered that the same be sent to the Senate.

Read the Memorial of Samuel Ashe, Esquire, respecting certain lands now in his possession and claimed by a certain Mr. Bridgen of the Kingdom of Great Britain. Ordered that the same be referred to the Committee appointed to prepare and bring in Bills of a public nature and that the same be sent with the following message to the Senate.

Mr. Speaker and Gentlemen:

We herewith send you the Memorial of Samuel Ashe, Esquire, which we propose referring to the Committee appointed to prepare and bring in Bills of a public nature.

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Received from the Senate the following message:

Mr. Speaker and Gentlemen:

It is likewise the sense of this House that the Memorial of Judge Spencer be reported on by the Committee, to which end we appoint Mr. Lockhart, Mr. Cocke, Mr. Hunter, and Mr. Robertson a Committee.

Recd. from the Senate the Resolve of this day in favor of John Hogan concurred with.

Also the following message:

Mr. Speaker and Gentlemen:

We agree that the Committee appointed to examine and report on the Governor’s message of yesterday, and the State papers accompanying it, be directed to prepare and bring in such Bills as they deem necessary to be passed into Laws by the present Assembly.

Received from the Senate the Resolve of this House in favour of Edward Davis, concurred with. Also the following message:

Mr. Speaker and Gentlemen:

The Senate agree that the Petitions of John Simpson and Richard Cogdell,, Esquires, be referred to the Committee to which is referred the Memorial of Judge Spencer.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The Senate do not accede to your proposition relative to the disposal of the Continental Money & certificates belonging to the public now in the hands of the respective Treasurers, but appoint Mr. Brown, Mr. Coor, and Mr. Lane who will act with the Gentlemen by you appointed to receive from the Treasurers the old State Currency and all such specie and other certificates as it may not be necessary to reserve as vouchers to the accounts of this State with the United States and who will burn or otherwise destroy the same and make report thereon and who will also report what disposition it is most eligible to make of the Continental money and certificates necessary to be reserved as vouchers now in the hands of the public officers and due the State.

The House taking the same into consideration concurred therewith

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and ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House have received your message relative to the old State Currency and all such specie and other certificates as are in the hands of the respective Treasurers and agree to the proposals therein contained.

Read the Petition of Rowland Harris praying, &c. Also the Petition of William Stuart, Richard Tillman and others relative to the purchase money of certain lands bought of Henry Eustace McCullock. Referred to the Committee of Propositions and Grievances.

The House adjourned till to-morrow 4 o’clock p. m.


22 April, 1784.

The House met according to adjournment.

Mr. John Gray Blount, one of the members for Beaufort County, appeared, qualified agreeable to Law and took his seat.

The returning officer for the county of Carteret certified that Mr. Eli West was duly elected to represent said County in this House; the returning officer for the County of Onslow certified that Mr. Edward Starkey was duly elected to represent said County in this House & the returning officer for the County of Rutherford certified that Mr. Richard Singleton & Mr. James Weathrow were duly elected to represent said County in this House, whereupon the said Eli West, Edward Starkey, Richard Singleton & James Weathrow appeared, qualified agreeable to Law & took their seats.

The returning officer for the County of Caswell certified that Mr. David Shelton was duly elected to represent said County in this House, whereupon, the said David Shelton appeared, was qualified agreeable to Law and took his seat.

Resolved, that Martin Palmer be allowed the sum of sixteen pounds, nine shillings & two pence for his labour and articles provided in preparing the Court House for the reception of this House & that the Treasurers or either of them, pay him the same and be allowed in the settlement of their accounts.

Read the Memorial of John Bradley. Ordered that the same be referred to Mr. Benj. Hawkins, Mr. Flowers, Mr. John Moore, & Mr. John Blount & Mr. Emmett, and that the following message be sent to the Senate:

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Mr. Speaker and Gentlemen:

We herewith send you the Petition of John Bradley which we propose referring to a joint Committee of both Houses to report on, we have apointed Mr. Benj. Hawkins, Mr. Flowers, Mr. John Moore, Mr. John Blount & Mr. Emmett.

Read the Memorial of Mr. Samuel Strudwick. Ordered that the same be referred to a joint Committee & that the members on the part of this House be Mr. Starkey, Mr. Person, Mr. Thomas, Mr. Sawyer & Mr. White and that the following message be sent to the Senate.

Mr. Speaker &c.

We herewith send you the Memorial of Samuel Strudwick which we propose referring to a joint Committee & for this purpose have appointed Mr. Starkey, Mr. Person, Mr. Thomas, Mr. Sawyer and Mr. White.

Received from His Excellency the following message:

To the Honourable the General Assembly:

Gentlemen:

You have herewith a letter from one of our Delegates in Congress covering sundry papers presented to the Ministers of the United States in Paris to-wit: One without a signature stating the title which the heir of the late Earl Granville sets up to a certain Teritory in this State, a letter from Henry Eustace McCullock, Esquire, to our Delegates in Congress solicitating a restoration of his property, &c., the letter referred to therein hath not come forward; also the Memorial of Doctor David Barry and Anne, his wife, formerly Anne Helier, of Wilmington, setting forth their claim to certain lands, &c.

A Letter accompanies this from His Excellency Benjamin Franklin, Esquire, Minister Plenipotentiary from the United States at the Court of Versallies, recommending a restitution of Property to Mr. Bridgen, a merchant of London.

Also a letter from Major General Greene in behalf of Ralph McNair, late of this State; together with a letter from said McNair respecting himself, &c.

I also lay before you another letter from one of our Delegates

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late received. I submit to your prudence the propriety of suffering copies to be taken of the extracts of letters referred to therein.

ALEX MARTIN.

22d April, 1784.

At the same time received the several letters and papers therein referred to. Ordered that the same be referred to the Committee who are appointed to take into consideration the other public dispatches from His Excellency, & that the following message be sent to the Senate:

Mr. Speaker &c.

We herewith send you a message from His Excellency the Governor, accompanied with sundry papers therein referred to, which we propose referring to the Committee who are appointed to take into consideration the other public dispatches from His Excellency.

Resolved, That the Committee appointed to consider and report on the public dispatches, &c., take up the subject of the appropriation of fines and forfeitures in the Superior and Inferior Courts and direct the application to proper purposes, and suggest the mode to obtain a compleat account of the fines heretofore imposed and collected.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House propose that the Committee appointed to consider of and report on the public dispatches be directed to take up the subject of the appropriation of fines and forfeitures in the Superior or Inferior Courts and direct the application to proper purposes, and suggest the mode to obtain a compleat account of the fines heretofore imposed and collected.

Resolved, That Brigadier General Butler be requested to send an express to Washington for the papers lodged there for the Legislature and that His Excellency the Governor, give a warrant on the Treasurer of Hillsboro to defray the expence thereof.

Ordered that Mr. Starkey and Mr. Thomas be added to the Committee appointed to consider of the Governor’s message and State papers accompanying the same.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House have added to the Committee appointed to report on the public dispatches Mr. Starkey and Mr. Thomas.

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Received from the Senate the following messages:

Mr. Speaker and Gentlemen:

The Senate agree that the recommendation of Jones County Court in favour of Hugh Stanley be referred as by you proposed.

Mr. Speaker and Gentlemen:

This House appoint Mr. Dougan, Mr. Murfree and Mr. Lane a Committee who will act with the Gentlemen by you appointed to consider of and report remedies for grievances complained of to this Assembly. To which Committee we consent that the Petition of Ned Griffin be referred.

Received from the Senate for concurrence a resolve of that House in favour of Priscilla Gregorie, which being read was concurred with.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

It is the sense of this House that the Memorial of Judge Ashe be referred as by you proposed.

The House adjourned till to-morrow evening 3 o’clock.


Friday, 23 April, 1784.

The House met according to adjournment.

Read the Petition of Joseph Moore praying to be relieved from the forfeiture of a recognizance, &c. Resolved, that the said Joseph Moore be released from the forfeiture of a recognizance entered into for the appearance of a certain John Linley, before some one of the Courts of Record of this State to answer a charge of treasonable practices, which recognizance became broken by the non-appearance of the said Linley.

Read the Petition of William Courtney. Ordered that the same be referred to the Committee of Propositions and Grievances.

Read the Petition of Robert Hunter. Ordered that the same be referred to the Committee appointed to consider the Petition of Mr. Bradley.

Read the Petition of Miles King. Ordered that the same be referred to the Committee appointed to consider of Bradley’s Petition.

Mr. Benj. Hawkins is excused from serving on the aforementioned Committee & Mr. Benjamin Jones appointed in his stead.

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Ordered that the following message be sent to the Senate:

Mr. Speaker, &c.:

This House propose that two of the Delegation to represent this State in Congress for the present year be elected at five o’clock this evening at the Court House and nominate for Delegates Hugh Williamson, and Richard Dobbs Spaight, Esquires; & have appointed on the part of this House Mr. Flowers & Mr. Payne to inspect the Poll.

Mr. Matthew Lock, one of the members for Rowan County, appeared, qualified agreeable to Law & took his seat.

The returning officer for the County of Mecklenburg certified that Mr. Caleb Phifer & Mr. David Willson were duly elected to represent said County in this House, whereupon, the said Caleb Phifer appeared, qualified agreeable to Law and took his seat.

Ordered that Mr. Matthew Lock be added to the Committee appointed to take under consideration the public dispatches from His Excellency the Governor.

Read the Petition of David Scoby which was ordered to be referred to the Committee appointed to consider of the Memorial of Judge Spencer.

Read the representation of Thomas Brickel, Esquire, setting forth that a certificate issued to him at the close of the last session of Assembly for his attendance as a member of the House of Commons is lost, or accidentally destroyed, whereupon, it is ordered that the same be referred to the Committee appointed to consider of the Memorial of Judge Spencer.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

This House likewise refer the message from His Excellency the Governor, with the papers accompanying it, to the Committee to whom were referred the other messages and public dispatches.

Read the Petition of Edmund Blount, Sheriff of Chowan County, in behalf of himself and the other Sheriffs, praying the sense of the General Assembly whether the five per cent. allowed for collecting the tax of the last year ought to be paid the sheriffs in the present currency or one third in currency and the other two thirds in certificates. Ordered that the same be referred to a joint Committee of both Houses & that Mr. Harvey, Mr. McCullock, Mr. Bloodworth,

-------------------- page 509 --------------------
Mr. Lenoir, Mr. Phifer and Mr. Starkey be a Committee on the part of this House.

Resolved, That the Treasurer of the Wilmington District be directed to discharge the warrant drawn on him by His Excellency the Governor, in favour of Thomas Seawell, one of the Anditors of the said District, for services performed as Auditor in the year 1783; and also that the Treasurers in general be directed to honor all draughts made on them in the same manner, for the like services performed in the same year.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We accede to your proposition respecting balloting for two of the delegates to represent this State in Congress the current year. We nominate for that purpose Hugh Williamson and Richard Dobbs Spaight, Esquires, and have appointed Mr. Coor and Mr. Macon on the part of this House to superintend the same.

Ordered that the following message be sent to the Senate:

Mr. Speaker, &c.:

We herewith send you the Petition of Edmund Blount, the Sheriff of Chowan County, which we propose referring to a joint Committee of both Houses and have on our part appointed Mr. Harvey, Mr. McCullock, Mr. Bloodworth, Mr. Lenoir, Mr. Phifer and Mr. Starkey a Committee.

Mr. Payne and Mr. Flowers, appointed to superintend the balloting for Delegates to represent this State in Congress, reported that they had attended the balloting and that Hugh Williamson and Richard Dobbs Spaight, Esquires, were unanimously elected for that purpose, with which report the House concurred.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Superintendents of the balloting for Delegates to represent this State in Congress have reported that Hugh Williamson and Richard Dobbs Spaight, Esquires, were unanimously elected for that purpose and with this report we have concurred.

Read a certificate of the attendance of Alfred Moore, Esquire, as Attorney for the State at the Court of Oyer and Terminer, held for the District of Wilmington, 1777. Ordered that the same be referred

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to the Committee appointed to consider of Judge Spencer’s Memorial.

Received from the Senate the resolve of this House in favour of Martin Palmer, concurred with.

Received from the Senate the following messages:

Mr. Speaker and Gentlemen:

Mr. Gregory, Mr. Grainger and Mr. Clinton will act with the Gentlemen by you appointed to consider of and report on the Petition of Mr. John Bradley.

Mr. Speaker and Gentlemen:

Mr. Hill, Mr. Macon, Mr. Smith and Mr. Warrington will act with the Gentlemen by you appointed to consider of and report on the Memorial of Samuel Strudwick, Esq.

Mr. Speaker and Gentlemen:

The Senate agree to your proposition relative to fines and forfeitures in the Superior and Inferior Courts.

The House adjourned till to-morrow evening 3 o’clock.


Saturday, 24 April, 1784.

The House met according to adjournment.

Read a certificate of Abram Bledsoe’s having lost a certificate for his attendance as a member of the General Assembly. Ordered that the same be referred to the Committee to whom was referred the Memorial of Judge Spencer.

Mr. Thomas Frohock, the member for the town of Salisbury, appeared, was qualified and took his seat.

Mr. Phill Hawkins moved for leave and presented a Bill for laying an additional Tax on the Inhabitants of Nash County for the purpose of erecting the public buildings, which was read the first time, passed and sent to the Senate.

Recd. from the Senate the Resolve of this House in favour of Joseph Moore. Endorsed in Senate, 24 April, 1784, concurred with. Also the Petition of Dr. Miles King & the Petition of Robert Hunter. Endorsed in Senate, 23 April, 1784, read and referred as by the Commons.

-------------------- page 511 --------------------

Mr. Joseph McDowel, one of the members for Burke County, and Mr. David Wilson, one of the members for Mecklenburg County, appeared, were qualified and took their seats.

Mr. Person presented the Petition of William Linton. Ordered that the same be referred to a joint Committee; the members chosen on the part of this House are Mr. Sitgreaves, Mr. Person, Mr. Lytle, Mr. Conner and Mr. Bloodworth.

Ordered that the said Petition be sent to the Senate.

Mr. Phifer presented a certificate from the Comptroller respecting Mr. Matthew McClure, which being read was referred on the part of this House, to the Committee of Propositions and Grievances & sent to the Senate for their concurrence.

Mr. Person from the Committee to whom was referred the Petition of Samuel Strudwick, Esq., late secretary, delivered in a report, which being read was recommitted to the same Committee.

Mr. Lock presented a Petition from Elizabeth Hinkle, which being read was referred on on the part of this House, to the Committee of Propositions and Grievances and snt to the Senate for their concurrence.

Received from the Senate the Bill for laying an additional Tax on the Inhabitants of Nash County for the purpose of erecting the public buildings. Endorsed in Senate, 24 April, 1784, read the first time and passed.

Received from the Senate the Petition of Jane Scoby, the representation of Tho. Brickell, the certificate from Abram Bledsoe, & a certificate from F. Jones, in favour of Alfred Moore, Esquire, Atto. Genl. Endorsed in Senate, referred as by the Commons.

Mr. Bloodworth presented the Petition of John Walker, Esq., of Wilmington, complaining of an illegal election for a member to represent the said town in this House. Ordered that the same be referred to the Committee of Privileges and Elections.

Resolved, that Mr. Sitgreaves and Mr. Lock be added to the Committee of Privileges and Elections.

Read the Petition of Thomas Seawell, &c. Ordered that the same be referred to the Committee of Propositions and Grievances on the part of this House & sent to the Senate for their concurrence.

Read the Petition of Robert Rowan, Esquire, of Cumberland County. Ordered that the same be referred to a joint Committee;

-------------------- page 512 --------------------
the members chosen on the part of this House are Mr. McCullock, Mr. Emmett, Mr. Phifer, Mr. Bloodworth, Mr. Wilson and Mr. Sherrod.

Recd. from the Senate the Resolve of this House in favour of Thomas Seawell, Auditor, &c., and the Auditors in General. Endorsed in Senate, 24 April, 1784, read and concurred with.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The Senate appoint Col. Harris, Mr. John Johnston, Mr. Lane, Mr. Samuel Johnston and Mr. Abram Jones a Committee, who will act with the Gentlemen by you appointed to report on the Petition of Edmund Blount.

Received from His Excellency the Governor, the following message:

To the Honourable the General Assembly:

Gentlemen:

I send you herewith a letter and duplicate thereof, from His Excellency the Chev. de la Luzern, Minister of France, respecting payment for sundry Military stores procured for this State from the Government of Martinique by the Marquis of Britigney, late agent of this State at that place. An account of the stores, &c., accompanies the same.

You have also a Memorial from the Honourable, the Judges of the Superior Courts of Law and Equity, which I am requested to lay before you.

ALEX MARTIN.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send you a message from His Excellency the Governor, together with the letter and other papers from His Excellency the Chev. de la Luzerne, Minister of France, therein referred to, which we have referred to Mr. B. Hawkins & Dr. White to translate.

The Memorial from the Judges of the Superior Courts of Law and Equity we propose referring to the Committee to whom was referred the public dispatches & State papers.

Read the Memorial of Haynes Waddle and others. Ordered that

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the same be referred to the Committee to whom was referred the Petition of Robert Rowan.

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

Read the Memorial of Robert Burton, late Quarter Master General of Militia. Ordered that the same be referred to the Committee of Propositions and Grievances.

The House adjourned till Monday 12 o’clock.


Monday, 26 April, 1784.

The House met according to adjournment.

Mr. Abner Nash, one of the members for Jones County, Mr. Edward Winslow, one of the members for Cumberland County, Mr. John Atkinson, one of the members for Caswell County, Mr. William Bryan, one of the members for Craven County and Mr. William R. Davie, one of the members for Northampton County, appeared, were qualified and took their seats.

Received from the Senate the certificate in favour of Mr. Matthew McClure; the Petition of William Linton and also the Petition of William Courtney. Endorsed, read and referred as by the House of Commons.

Received from the Senate the Petition of James Gibson and a Petition from a number of the Inhabitants of Washington County. Endorsed in Senate, 24 April, 1784; read and referred to the Committee on the Petition of William Linton.

Received the acct. of John Bradford, Esq., against the State. Endorsed in Senate, 24 April, 1784, read and referred to the Committee of Propositions and Grievances, which being severally read, were referred as by the Senate.

Received from the Senate the Resolve allowing John Kindred the sum of forty pounds for a negro man slave executed by public authority, which being read was concurred with.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

From the great number of Petitions before the Assembly, & which are likely to come in, we think it necessary to appoint a second Committee of Propositions and Grievances, and have on our part for that

-------------------- page 514 --------------------
purpose appointed Mr. Lenoir, Mr. Bryan, Mr. Spruill, Mr. F. Moore and Mr. Moy.

Received from the Senate the Recommendation of Wake Court in favour of Linsfield Kilgo. Endorsed in Senate, read and referred to the Committee of Propositions and Grievances; which being read was referred by this House to the second Committee of Propositions and Grievances.

Mr. Hooper laid before the House an account of Genl. William Skinner’s against the State, which being read, was referred to the second Committee of Propositions and Grievances.

Mr. B. Hawkins presented the Petition of John Willis, Esq., of Warren County, which being read was referred to the second Committee of Propositions and Grievances.

Resolved, that the said Committee report generally on cases of a similar nature to the subject matter of the Petition of Mr. Willis.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The Senate propose, if agreeable to the House of Commons, that the General Assembly ballot at 4 o’clock this Evening at the Church, for Governor of this State for the current year, and put in nomination the Honourable Richard Caswell and Alexander Martin, Esqs. Mr. Macon and Mr. Coor will, on the part of this House, superintend the balloting.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House do not accede to your proposal relative to the Election of a Governor; we propose that that business be deferred till Monday next, and that a Governor be then ballotted for at twelve o’clock.

General Butler, from the Grand Committee to examine the message of His Excellency the Governor, together with the papers accompanying the same, and report what measures are necessary to be taken in consequence of the intelligence they convey, and to consider what bills of a public nature are necessary to be passed into Laws at the present Session of Assembly, and to prepare and to bring in the same, Reported as follows, vizt.:

That the following message be presented to His Excellency the Governor:

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To His Excellency Alexander Martin, Esquire, Governor, &c.:

Sir:

The papers which accompanied your Excellency’s Message contain information of such moment that, without descending to matters of less magnitude, we should make a much longer session than the present advanced season of the year will admit were we to give them that degree of deliberation which their information requires.

The Internal Regulations which the Definitive Treaty make indispensably necessary, the re-establishment of Commerce and the support of the Federal Union, will be the first objects of our deliberations, other matters recommended by your Excellency will, during the course of the session, be properly attended to.

You will be pleased, Sir to receive our acknowledgments for the several matters contained in your Message, and in particular for the warmth with which you have been pleased to recommend the adoption of such measures as may tend to remove all commercial jealousies between the United States and Great Britain, and which shall be consistent with those principles of reciprocity on which the Treaty is founded.

The House taking the said report into consideration concurred therewith.

Ordered that the same be sent to the Senate for their concurrence.

Received from His Excellency the Governor, the following message:

To the Honourable the General Assembly:

Gentlemen:

I lay before you the proceedings of the Court Martial ordered by the last General Assembly to be held on the conduct of Colonel James Blount, of Chowan County, &c., as this proceedure was directed by the Legislature, it rests with your Honourable body to affirm or set aside the sentence, as to you will seem just and meet.

ALEX MARTIN.

At the same time received the proceedings of the Court Martial referred to in the above message, which being read and debated,

Resolved, that the sentence of the Court Martial held on the conduct of James Blount, of Chowan County, be, and the same is hereby confirmed.

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Received from the Senate the Petition of Elizabeth Hinkle, the Memorial of the Judges of the Superior Courts of Law and Equity, the Memorial of Haynes Waddle and others, the Petition of Thomas Seawell, and the Memorial of Robert Burton, Qr. M. Gen. Respectively Endorsed in Senate, 26 April, 1784, read and referred as by the Commons.

Received from the Senate the Recommendation of the Court of Bladen County in favour of Sarah White, of Jemima Ray & of Ann Averett, the recommendation of Granville Court in favour of Susannah Allen; and the Acct. of Major Tho. Scurlock. Respectively Endorsed in Senate, 26 April, 1784, read and referred to the Committee of Propositions and Grievances. Which being read were referred on the part of this House to the said Committee.

Received from the Senate the Memorial of Robert Rowan, &c. Endorsed in Senate, 26 April, 1784, read and referred to Mr. Macon, Mr. Brown, and Mr. B. Smith.

Received from the Senate the Petition of Sundry of the Inhabitants of Wayne County. Endorsed in Senate, 26 April, 1784, read and referred to a joint Committee; the members chosen are Mr. B. Williams, Mr. Clinton & Mr. Harget. The same being read was referred on the part of this House to Mr. Bryan, Mr. Gillispie, Mr. Herritage, Mr. Sherrod, Mr. Gray, Mr. Payne and Mr. Bloodworth.

Received from the Senate a Resolve allowing Lovelace Savage the sum of Forty pounds for a negro slave executed by public authority. The report of the Committee on the Petition of Robert Hunter & the report of the Committee on the Petition of Dr. Miles King, which being read were concurred with.

Resolved, that Mr. Nash and Mr. Davie be added to the joint Committee appointed to report upon the Governor’s message & State papers, &c.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We have added Mr. Nash and Mr. Davie to the joint Committee appointed to report upon the Governor’s message and State papers, &c.

The House adjourned till to-morrow 12 o’clock.

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Tuesday, 27 April, 1784.

The House met according to adjournment.

Received from the Senate a resolve allowing Etheldred Phillips four pounds currency, which being read was concurred with and returned to the Senate.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We consent that the election of a Governor of this State be deferred until Monday next.

Mr. W. Blount presented a Petition from a number of the Inhabitants of Pitt County praying to have a part of the said County added to Beaufort County; which being read, Mr. Blount moved for leave and presented a Bill agreeable to the prayer of the said Petition, which was read the first time, passed & sent to the Senate.

Mr. Ephraim McLean, one of the members for Davidson County, appeared, was qualified and took his seat.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We consent to the appointment of a second Committee of Propositions and Grievances and nominate Mr. I Johnston, Mr. Moore & Mr. Phillips for that purpose.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The Senate agree to the message by you proposed to be presented to His Excellency the Governor, have caused that the same be signed, and have appointed Col. Ramsey on the part of this House to attend His Excellency with the same.

At the same time received the message to His Excellency the Governor, concurred with; whereupon, Mr. Payne was appointed on the part of this House to wait upon His Excellency with the same.

Received from the Senate the account of General William Skinner against the State, and the Petition of Mr. John Willis. Each endorsed in Senate, read and referred as by the Commons.

Mr. B. Hawkins presented the Petition of Robert Brownfield & Nathl. Alexander, which being read was referred to a joint Committee; the members by this House are Mr. B. Hawkins, Mr. Lytle and Mr. Blount.

-------------------- page 518 --------------------

Received from the Senate the Bill for annexing part of the County of Pitt to Beaufort County. Endorsed in Senate, 27 April, 1784, read the first time and passed.

Recd. also the Memorial of Penelope Dawson. Endorsed in Senate, 27 April, 1784, read and referred to the Committee appointed to consider of Robert Rowan’s Petition.

Resolved, that the said Memorial on the part of this House, be referred to the said Committee.

Genl. Butler moved for leave and presented a Bill for allowing Salaries to the Governor and his private Secretary, which was read the first time, passed & sent to the Senate.

Read the Petition of Anthony Sharpe. Resolved that the same be referred to the second Committee of Propositions and Grievances.

Received from the Senate the report of the Grand Committee, &c. Endorsed in Senate, 27 April, 1784, read and concurred with.

Mr. Gillispie presented a petition from a number of the Inhabitants of Duplin County, and one other Petition from a number of the justices of the peace within the said County, praying a division thereof; which being read, Mr. Gillispie moved for leave & presented a Bill agreeable to the prayers of the said Petitions, which was read the first time, passed and sent to the Senate.

Read the Petition of Ransome Southerland. Ordered that the same be referred to the second Committee of Propositions and Grievances.

Mr. Alderson moved for leave and presented a Bill for levying a Tax in the County of Beaufort for the purpose of repairing the public buildings thereof, and appointing Commissioners to contract and agree with Workmen for that purpose; which was read the first time, passed and sent to the Senate.

Received from the Senate a Bill for allowing Salaries to the Governor and his private Secretary. Endorsed in Senate, 27 April, 1784, read the first time and passed.

Received from the Senate the Petition of Robert Brownfield & Nathl Alexander, and the Petition of Anthony Sharpe. Each Endorsed in Senate, read and referred as by the Commons.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The Senate have added Col. Irwin and Mr. Smith to the Committee

-------------------- page 519 --------------------
to which are referred the Messages from His Excellency the Governor, and the public dispatches accompanying them.

Read the Petition of Mr. John McCrohone. Resolved, that the same be referred to a joint Committee, and that Mr. I. Blount, Mr. Payne, Mr. Alderson, Mr. Blount, Mr. Starkey, Mr. Flowers and Mr. Sawyer be a Committee on the part of this House for the purpose.

Read the Petition of James Gillispie. Ordered that the same be referred on the part of this House, to the second Committee of Propositions and Grievances.

Read the Petition of David Greer. Ordered that the same be referred to the second Committee of Propositions and Grievances on the part of this House.

Mr. Bloodworth from the joint Committee to whom was referred the Petition of Edmund Blount, of Chowan County, in behalf of himself and others, reported as follows, vizt:

That having taken the matter under consideration and carefully attended to the Law respecting the same, are of opinion that the sheriff’s and collectors may retain the five per cent. in Money, as the present act of Assembly with respect to Commissions had no reference to the act passed in the year 1782 which allowed the five per cent. without reserve. All which is humbly submitted.

TIMOTHY BLOODWORTH, Ch.

The House taking the said report into consideration concurred therewith.

Ordered that the said report be sent to the Senate for concurrence.

On reading the record of the conviction of Buckner Kimbal, a justice of the peace, for oppresion in his office.

Resolved, that the said Buckner Kimbal be removed from the exercise of the office of justice of the peace for the county of Montgomery.

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

Mr. Person, from the joint Committee appointed to take under consideration the Petition of William Linton, delivered in a report

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which was read and ordered to lie on the Table until To-morrow for consideration.

Mr. Person, from the joint Committee to whom was referred the Petition of Thomas Haughton, Joshua Haughton, &c., delivered in a report, which was read and ordered to lie on the Table until To-morrow for consideration.

Resolved, that every Bill, after having been read twice in the Senate and Commons, shall be engrossed, and being so engrossed shall be introduced for the third and last reading, when it shall undergo no partial amendments but either be passed or rejected. That every bill shall be first read for the information of the House, and then for debate, and that no bill shall be read for debate without one day’s previous notice to the House, and that neither Senate or Commons shall proceed to reject any Bill that shall have passed three readings in either House without notice to the House where such Bill shall have passed the three readings. And that every Bill may be debated before it is put on its passage for the first time.

Received from the Senate the Petition of Ransom Sutherland. Endorsed in Senate, read and referred as by the Commons.

Resolved, that Mr. Wilson be added to the Committee on the Petition of Mr. Brownfield and Mr. Alexander.

The House adjourned till to-morrow 3 o’clock P. M.


Wednesday, 28 April, 1784.

The House met according to adjournment.

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

Read the proceedings of a Court called for the trial of Harry, a Negro, the Property of Richard Parker of Montgomery County. Ordered that the same, and the papers relative thereto, be referred to the second Committee of Propositions and Grievances.

Mr. B. Hawkins, from the Committee to whom was referred the Petition of Mr. Brownfield and Mr. Alexander, delivered in a report which being read, was ordered to lie on the Table until Saturday for consideration.

Received from the Senate the Bill for dividing Duplin Countv. Endorsed in Senate, 27 April, 1784, read the first time and passed.

Received from the Senate a Bill to impower Arthur Brown, Esq.,

-------------------- page 521 --------------------
late sheriff of Bertie County, to collect the arrears of taxes due for the said County in the year one thousand seven hundred and seventy-four and one thousand seven hundred and seventy-five. Endorsed in Senate, 28 April, 1784, read the first time and passed.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The Senate add Col. Harris to the second Committee of Propositions and Grievances.

Mr. Person presented a Petition from George Alston, formerly of Granville County, which being read was referred, on the part of this House, to the Committee appointed to report on the public dispatches, &c., and sent to the Senate.

Received from the Senate the Resolve of this House for confirming the sentence of the Court Martial lately held on the conduct of Col. James Blount, of Chowan County, concurred with.

Mr. Bloodworth, from the Committee to whom was referred the Petition of a number of the Inhabitants of Wayne County, reported as follows, vizt:

That the said Petition appears to be without foundation, and that the late Commissioners appointed by act of Assembly for fixing on a place for erecting the public buildings in the County of Wayne have conducted themselves agreeable to Law. All which is submitted.

TIMOTHY BLOODWORTH, Ch.

The House taking the said report into consideration concurred therewith.

Read the Petition of a number of the Inhabitants of Greene County residing beyond French Broad River. Ordered that the same be referred to the second Committee of Propositions and Grievances.

Resolved, that the Bill for dividing Duplin County, The Bill for annexing part of the County of Pitt to Beaufort County, and the Bill for an additional Tax on the Inhabitants of Nash County for the purpose of erecting the public buildings, each be read the second time on Friday next.

Resolved, that the Bill for allowing Salaries to the Governor and his private Secretary be read the second time to-morrow.

Resolved, that William Murphey, Doorkeeper to the Senate, be directed to wait on Mrs. Green, widow of the late James Green, jun.,

-------------------- page 522 --------------------
Esquire, for the robes belonging to the former Speaker and Clerks of the Assembly.

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

Received from the Senate the report of the Committee on the Petition of a number of the Inhabitants of Wayne County, concurred with.

Received from the Senate the Petition of David Greer, and the Petition of James Gillispie, and also the proceedings of a called Court for the Tryal of Harry, a Negro, the property of Richard Parker. Endorsed in Senate, read and referred as by the Commons.

Received from the Senate the report of the Committee on the Petition of Edmund Blount, concurred with.

Received from the Senate the Petition of William Cocke. Endorsed in Senate, read and referred to a joint Committee; the members chosen are Mr. Willie Jones, Mr. Macon, Mr. Saml. Johnston, Mr. Lockhart and Mr. Irwin.

Resolved, that Mr. Person, Mr. Davie, Mr. Starkey, Mr. W. Blount, Mr. Sitgreaves, Mr. Carter, Mr. Bryan, Mr. B. Hawkins, and Mr. P. Hawkins be a Committee, on the part of this House, for the above purpose.

Received from the Senate the resignation of Buckner Kimbal as a justice of the peace for the County of Montgomery, which was accepted.

Received from the Senate the Petition of John McCrohone. Endorsed in Senate, read and referred to Mr. Moore, Mr. Everagin and Mr. Smith.

Received from His Excellency the Governor, the following message:

To the Honourable the General Assembly:

Gentlemen:

The assurances given by your honorable body of employing your deliberations on subjects of the first magnitude on this occasion justly raise the expectations of our Country, that by the wisdom and unanimity of your Councils the great purposes intended may be happily effected.

I beg leave to return you my hearty thanks for the attention you

-------------------- page 523 --------------------
have been pleased to pay to the recommendations in my address; and the honourable manner in which you have signified to me, your sentiments and intentions on the subject thereof.

ALEX MARTIN.

Ordered that the above message be sent to the Senate:

The several matters to this day referred being postponed, the House adjourned till to-morrow 12 o’clock.


Thursday, 29 April, 1784.

The House met according to adjournment.

Mr. Bloodworth presented the Petition of Sampson Moseley, and the Memorial of John Devane which being read was referred to the second Committee on Propositions and Grievances.

Mr. Hooper presented the Petition of Samuel Allen and others, which being read was referred, on the part of this House, to a joint Committee. Resolved, that Mr. Hooper, Mr. Spruill, Mr. Payne, Mr. Lenoir, Mr. R. Reddick & Mr. W. Blount be a Committee on the part of this House for that purpose.

Received from the Senate the Petition of George Alston, and the Petition of the Inhabitants beyond French Broad River. Endorsed in Senate, read and referred as by the Commons.

Genl. Butler presented the Memorial of Richard Henderson and Company, which being read was referred to a joint Committee; the members chosen on the part of this House for that purpose are Mr. Person, Mr. Butler, Mr. Lock, Mr. Davie, Mr. Blount, Mr. Lytle, Mr. Gillispie, Mr. P. Hawkins and Mr. Hooper.

Resolved, that Mr. Stone be added to the second Committee of Propositions and Grievances.

Mr. Sitgreaves presented the Petition of Henry Irwin Toole, which being read, was referred to the first Committee of Propositions and Grievances.

Received from the Senate a Bill to suppress vice and immorality, and for other purposes. Endorsed in Senate, 28 April, 1784, read the first time and passed.

Resolved, that the resolve in favor of Mr. Thomas Seawell, Auditor, &c., be endorsed with the following resolve, vizt:

Resolved, that the Treasurer within named be directed to pay the

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sum within mentioned out of the monies now in his hands collected by Taxation in the year 1783.

Received from the Senate the Petition of a number of the Inhabitants of Greene County. Endorsed in Senate, read and referred to the second Committee of Propositions and Grievances; which Petition being read was referred by this House to the said Committee.

General Butler from the Committee appointed to examine the message of His Excellency the Governor, &c., delivered in a report, which being read, was ordered to lie on the Table until To-morrow for consideration.

Received from the Senate the Petition of Sampson Moseley, and the Memorial of John Devane. Endorsed in Senate, read and referred as by the House of Commons.

Received from the Senate the report of the Committee on the Petition of Anthony Sharpe, & the report on the Petition of Ransome Southerland; a resolve allowing William Eaton, Esquire, of Northampton County, the sum of two pounds, & a resolve allowing John Green fifty pounds; which being severally read were concurred with.

Received from the Senate the Petition of James Withrow. Endorsed in Senate, read and referred to the first Committee of Propositions and Grievances; which being read was referred on the part of this House to the said Committee.

Received from the Senate a Bill empowering the Court of Brunswick County to adjourn to the place which they shall think most convenient for holding the same. Endorsed in Senate 29 April, 1784, read the first time and passed.

The House according to order resumed the consideration of the report of the Committee appointed to take under consideration the Petition of William Linton, which being read and debated was agreed to as follows, vizt:

The Committee appointed to take under consideration the Petition of Wiliam Linton beg leave to report:

That it is the opinion of your Committee that His Excellency the Governor, be requested to grant a pardon to the said William Linton who is charged as being accessory to the death of a certain Michael Quinn, and now under prosecution for the same in the Superior Court of Halifax District, for which offence the principal was tried, convicted and pardoned, and the said William Linton be released

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from all pains and penalties which have or may accrue in consequence of the prosecution aforesaid.

THOS. PERSON, Ch.

Resolved, that Mr. P. Hawkins be added to the second Committee of Propositions and Grievances.

The House, according to order, resumed the consideration of the report of the Committee to whom was referred the Petition of Thomas Haughton, &c., which being read and debated was concurred with as follows, vizt:

The Committee to whom was referred the Petition of Thomas Haughton, Joshua Haughton, and others, in behalf of Richard White, Thomas Payne, Jesse Woodruff, William McHugh and others, beg leave to report:

That it is the opinion of your Committee that His Excellency the Governor, be requested to grant a pardon to the said Richard White, Thomas Payne, Jesse Woodruff, William McHugh and others, who were charged with the death of a certain James Campbell.

Your Committee have also taken under consideration the Petition of Charles Allison and James Montgomery and others, on behalf of James Gibson, William Allison, James Tarbet, William Grier and Alexander McFarland, who were charged with the death of one Jacob Dykes; and your Committee are also of opinion that His Excellency the Governor, be requested to grant a pardon to the said James Gibson, William Allison, James Tarbet, William Grier, and Alexander McFarland.

THOMAS PERSON, Chairman.

The Bill to suppress vice and immorality, and for other purposes, was read the first time, passed and sent to the Senate.

Mr. Bloodworth from the Committee to whom was referred the Memorial of Col. Robert Rowan and others, delivered in a report, which being read, was ordered to lie on the Table until to-morrow for consideration.

Received from the Senate a Resolve allowing Morgan Murray Twelve pounds; which being read was ordered to lie on the Table until To-morrow for consideration.

Received from the Senate the report of the Committee on the Petition

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of Richard Parker; which being read, was ordered to lie on the Table until To-morrow for consideration.

Mr. W. Bryan presented the Petition of Frederick Toatvine, praying to have his name altered to that of Frederick Lane; which being read, Mr. Bryan moved for leave and presented a Bill agreeable to the prayer of the said Petition, which was read the first time, passed and sent to the Senate.

Resolved, that the Auditors of Hillsborough District be directed to issue a certificate to Jones Kendrick for Sixteen pounds, ten shillings and eight pence, to replace one for the same sum formerly issued by them, which was lost.

Resolved, that Mr. Lock, Mr. Hooper, Mr. Lewis, Mr. Person, Mr. Wilson, Mr. Oliver and Mr. Montfort, with such Gentlemen as the Senate may appoint, be a Committee who shall hear and report on applications of wounded soldiers, and what redress is proper to be administered to those who have in their possession depreciated certificates, and what is proper to be done with such claims as have been rejected by the Auditors, such Committee to be styled a Committee of Claims and Depreciation.

Read the Petition of John Huske. Ordered that the said Petition be referred to the Committee of Claims and Depreciation.

Read the Petition of John Kendrick. Ordered that the same be referred to the Committee of Claims and Depreciation.

Mr. Frohock presented a certificate from James Green, Jun., Esq., Treasurer of the Continental loan office in this State, for one hundred and thirty-four dollars in favour of John Johnston. Ordered that the same be referred to the Committee of Claims and Depreciation.

Received from the Senate a Bill to alter the name of Frederick Totevine to Frederick Lane; also,

A Bill for erecting part of the counties of Sullivan and Greene into a distinct County by the name of ——. Endorsed in Senate, 29 April, 1784, read the first time and passed.

Mr. Hooper presented a Memorial from a standing Committee of the people called Quakers, which being read, was referred to the Committee appointed to report on the Governor’s messages, &c.

Mr. B. Hawkins presented a Memorial from Samuel Lockhart,

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

Received from the Senate the Memorial of Richard Henderson & Company. Endorsed in Senate, read and referred to Mr. Robertson, Mr. Brown, Mr. Saml. Johnston, Genl. Gregory and Mr. Cocke.

The order of the day for reading, for the second time, the Bill for allowing salaries to the Governor and his private Secretary, being called for and read; the Bill, according to order, was read the second time and rejected.

Received from the Senate the report of the Committee on the Petition of Mr. John Willis, which being read, was concurred with and returned.

The Bill for impowering the Court of Brunswick County to adjourn to the place which they shall think most convenient for holding the same was read the first time, passed and sent to the Senate.

Received from the Senate the Petition of Samuel Allen & others. Endorsed in Senate, read and referred to Mr. Warrington, Mr. B. Williams and Mr. A. Jones. Also the Petition of Henry Irwin Toole. Endorsed in Senate, read and referred as by the Commons.

Received from the Senate the report of the Committee on the Petition of William Linton. Endorsed in Senate, 29 April, 1784, read and concurred with.

Mr. Sherrod presented the account of Andrew Bass against the State; which being read, was referred to the first Committee of Propositions and Grievances.

Received from the Senate the report of the Committee on the Petition of Thomas Haughton, Joshua Haughton and others. Endorsed, 29 April, 1784, read and concurred with.

The House adjourned till to-morrow morning 9 o’clock.


Friday, 30 April, 1784.

The House met according to adjournment.

Mr. B. Hawkins, one of the Committee to whom was referred the translation of sundry papers, &c., from His Excellency the Chev. de la Luzerne, Minister of France, &c., delivered in a Translation of the same which was ordered to lie on the Table.

Mr. Davie presented a Petition from a number of the back settlers in Davidson County, which being read, was referred to a joint Committee,

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the members chosen by this House are Mr. Davie, Mr. Lytle, Mr. B. Hawkins, Mr. Blount, Mr. Person, Mr. Skinner, Mr. Bloodworth, Mr. Wilson, Mr. P. Hawkins and Mr. Lock.

Received from the Senate the resolve allowing William West for a negro executed by public authority, and also one other Resolve allowing Isaac Jordan for a negro executed by public authority, which being read were concurred with and returned.

Received from the Senate the Petition of John Kendrick & the Petition of John Huske, the Memorial of a Standing Committee of the people called Quakers, and the Memorial of Samuel Lockhart, and the acct. of Andrew Bass, and also a certificate in favour of John Johnston. Respectively Endorsed in Senate, read and referred as by the Commons.

Mr. M. Payne moved for leave and presented a Bill to ascertain the measurement of firewood sold in the several Towns within this State established by legislative authority; which was read the first time, passed and sent to the Senate.

Received from the Senate the resolve directing the Auditors to issue a Certificate to Jones Kendrick for sixteen pounds, ten shillings and eight pence. Endorsed in Senate, read and concurred with.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The Senate concur with your Resolve appointing a Committee of Claims and Depreciation and have made choice of Mr. Coor, Mr. Irwin and Mr. Grainger, who will, on the part of this House, act thereon.

Received from the Senate sundry Petitions from Pasquotank County. Endorsed in Senate, read and referred to the consideration of Mr. Saml. Johnston, Genl. Gregory and Mr. Phillips. The said Petitions being read were referred, on the part of this House, to Mr. Jones, Mr. Conner, Mr. Davie, Mr. Skinner and Mr. Harvey.

Mr. Cumming presented a certificate of the valuation of two negro slaves the property of Cullen Pollock which were executed by public authority. Ordered that the same be referred to the consideration of the second Committee of Propositions and Grievances.

Resolved, that the Auditors of Hillsboro District be directed to issue a certificate for the sum of twenty pounds, twelve shillings to

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John Vickers, to replace one formerly granted him for the same service, which has been destroyed by fire.

Mr. Person, from the Committee to whom was recommitted the Report of the Committee on the Petition of Samuel Strudwick, Esquire, late Secretary, &c., delivered in a report, which being read and amended, was concurred with as follows, vizt.:

Your Committee to whom was referred the Petition of Samuel Strudwick, Esquire, late Secretary, beg leave to report:

That it is the opinion of your Committee that the account of Mr. Strudwick referred to in the Petition, cannot be allowed.

THOMAS PERSON, Ch.

Received from the Senate the report of the Committee to whom was referred the report of the proceedings of a called Court for the Tryal of Harry, a negro, the property of Richard Parker, &c., which being read, was concurred with.

Received from the Senate the resolve of this House directing the Auditors to issue a certificate to John Vickers for Twenty pounds, Ten Shillings and eight pence, concurred with.

Received from the Senate the Petition of a number of the back settlers in Davidson County. Endorsed in Senate, read and referred to Mr. Erwin, Mr. Robertson, Mr. Willie Jones, Mr. Lane and Mr. Saml. Johnston.

Mr. Gillispie moved for leave to withdraw for amendment the Bill for dividing Duplin County. Ordered that he have leave accordingly.

Recived from the Senate the following Bills, vizt.:

A Bill for empowering the Court of Brunswick County to adjourn to the place which they shall think most convenient, &c.; and A Bill to suppress vice and immorality, and for other purposes. Endorsed in Senate, 29 April, 1784, read the second time, amended and passed.

Recd. also a Bill to ascertain the measurement of firewood, &c. Endorsed in Senate, 30 April, 1784, read the first time and passed.

Mr. Blount presented a Petition from John Walker praying to have a law passed for establishing a town on part of a Tract of land belonging to him, the said Walker,&c.;which being read,Mr. Blount presented

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a Bill agreeable to the prayer of the said Petition, which was read the first time, passed and sent to the Senate.

Received from the Senate the Petition of Durham Hall. Endorsed, read and referred to the Committee of Propositions and Grievances, which being read, was referrd by this House to the said Committee.

Mr. Ralph Gorrell, one of the members for Guilford County, appeared, was qualified and took his seat.

Received from the Senate the report of the Committee on the Petition of Samuel Strudwick, late Secretary, &c. Endorsed in Senate, read and concurred with.

Received from the Senate the certificate of the valuation of two negroes, the property of Cullen Pollock. Endorsed, read and referred as by the House of Commons.

Received from the Senate the Resolve allowing Joseph Locke, of Bladen County, for a negro slave executed by public authority, which being read was concurred with.

Received from the Senate the Petition of Sarah Gallaway, which being read was rejected.

Mr. Person, from the Committee of Privileges and Elections, delivered in a report on the legality of the Election of a member for the Town of Wilmington, which being read, was ordered to lie on the Table for consideration until to-morrow.

Received from the Senate a Bill for prolonging the time given by Law for securing Lotts in the several Towns within this State. Endorsed in Senate, 30 April, 1784, read the first time and passed.

Mr. Person moved for leave and presented a Bill for establishing and laying out a town in Richmond County, which was read the first time, passed and sent to the Senate.

Mr. Person moved for leave and presented a Bill for vesting in James Williams, his heirs, &c.,the property of Bridge known by the name of McCraney’s Bridge in the lower little river in Cumberland County; which was read the first time, passed and sent to the Senate.

The Bill to alter the name of Frederick Totevine to Frederick Lane, was read the second time, passed and sent to the Senate.

The House, according to order, resumed the consideration of the report of the Committee appointed to examine the message of His Excellency the Governor, &c., which being read, paragraph by paragraph, was concurred with, except the twelfth section as it stands in

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the report which relates to the fifth article of the Definitive Treaty of Peace.

Ordered that the said report be sent to the Senate with the following message:

Mr. Speaker and Gentlemen:

We send herewith the report of the Committee appointed to examine the message of His Excellency the Governor, together with the papers accompanying the same, which we have concurred with (except the Twelfth section as it stands noted in the Report) relative to the fifth article of the Definitive Treaty of Peace which we have thought proper to reject.

The Bill to impower Arthur Brown, Esquire, late sheriff of Bertie County, to collect the arrears of taxes due for the said County in the year one thousand seven hundred and seventy-four, and one thousand seven hundred and seventy-five, was read the first time passed and sent to the Senate.

The Bill for annexing part of the County of Pitt to Beaufort County, was read the second time and rejected.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The Senate add Mr. Cocke to the Committee to consider of and report on the Petition from the County of Davidson.

The Bill for laying an aditional Tax on the Inhabitants of Nash County, for the purpose of finishing the public buildings, was read the second time, amended, passed & sent to the Senate.

Received from the Senate the Bill to alter the name of Frederick Totevine to Frederick Lane. Endorsed in Senate, 30 April, 1784, read the second time and passed.

Received from the Senate the Bill for vesting in James Williams, his heirs, &c., the property of a Bridge known by the name of McCraney’s Bridge, &c. Endorsed in Senate, 30 April, 1784, read the first time and passed.

Mr. Sitgreaves moved for leave and presented a Bill to prevent the exportation of unmerchantable commodities, which was read the first time, passed and sent to the Senate with the following message, vizt.:

Mr. Speaker and Gentlemen:

We herewith send you the Bill to prevent the exportation of unmerchantable

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commodities which we propose submitting to the examination of a joint Committee, who will report what additions, amendments or alterations are proper to be made in the same. We have for this purpose, on our part, appointed Mr. John Blount, Mr. Hooper, Mr. Bryan, Mr. Starkey and Mr. B. Hawkins.

Received from the Senate the Bill to impower Arthur Brown, Esq., late Sheriff of Bertie County, to collect the arrears of Taxes, &c. Endorsed in Senate, 30 April, 1784, read the second time, amended & passed.

A Bill to establish a Town on the land of John Walker, at a place called Deep Water at a point adjoining Fort Johnston on the River Cape Fear, in Brunswick County.

A Bill for establishing and laying out a town in Richmond County. Endorsed in Senate, 30 April, 1784, read the first time & passed.

A Bill for laying an additional Tax on the Inhabitants of Nash County for the purpose of finishing the Public Buildings. Endorsed in Senate, 30 April, 1784, read the second time and passed.

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


Saturday, 1 May, 1784.

The House met according to adjournment.

General Butler moved for leave and presented a Bill to prescribe the affirmation of Allegiance and Fidelity to this State to be taken by the people called Quakers, and for granting them certain indulgences therein mentioned, which was read the first time, passed and sent to the Senate.

Mr. Blount from the Committee to whom was referred the Petition of Nathaniel Allen, Samuel Dickenson, Nathaniel Jones, William R. Davie, James W. Green and Allen Jones, Reported as follows, vizt.:

That it is the opinion of the Committee that a Law be passed vesting in the Petitioners, their heirs and assigns, all the covered lands in Scuppernong Lake below the present low water mark, and recommend that the said Petitioners have a prior right to enter such lands as they shall drain adjacent to the Lake.

WM. BLOUNT, Ch.

The House taking the said Report into consideration concurred therwith.

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Mr. B. Jones moved for leave and presented a Bill for extending the Boundary line between the Counties of Currituck and Camden and for allowing County Surveyors further time to make their return, which was read the first time, passed and sent to the Senate.

Mr. Frohock moved for leave and presented a Bill to encourage Enoch Sawyer to make a road through Pasquotank River Swamp, which was read the first time, passed and sent to the Senate.

Mr. Payne from the Committee to whom was referred the Memorial of Capt. John McCrohone, Reported as follows, vizt.:

That the value of the Schooner of Capt. McCrohone’s which was impressed or taken into service not appearing to the Committee, nor whether she was in the Continental or State service, are of opinion that the said McCrohone be directed to apply to the State Anditors of Wilmington District and produce to them the impressment and valuation and whether taken for the Continental or State service, who are directed to make him such allowance as to them shall appear just. All which is submitted.

MICH. PAYNE, Ch.

The House taking the said report into consideration concurred therewith.

The House, according to order, resumed the consideration of the Report of the Committee on the Petition of Doctors Brownfield and Alexander, which being read and debated was concurred with as follows, vizt.:

That the Commissioners appointed to settle with the Officers of the Continental line of this State be impowered and directed to adjust the accounts of Robert Brownfield and Nathaniel Alexander, Citizens in this State and mates in the Continental hospitals in the Southern department up to the first of January, 1782, agreeable to the resolution of Congress for that purpose, and pay them the same proportion of pay as has been allowed the officers of the line.

BENJ. HAWKINS, Ch.

The latter part of the report allowing the said Brownfield and Alexander a proportion of lands, &c., was rejected, whereupon,

Resolved, that Robert Brownfield and Nathaniel Alexander be allowed each, one thousand acres of land in consideration of their steady and faithful services rendered the militia of this State while

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acting as Surgeons in the Continental Hospitals in the Southern Department, such lands to be alloted within the bounds of the land laid off for the Continental Officers and Soldiers, and that the Secretary be directed to grant them warrants accordingly.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We herewith send you the report of the joint Committee on the Petition of Doctors Brownfield and Alexander; as to the first part respecting the settlement of their accounts we have concurred with, as to the other, where the Committee recommend an allowance of land we do not concur, but in lieu thereof propose the inclosed resolution.

The House resumed the consideration of the report of the Committee to whom was referred the Memorial of Robert Rowan and others, which being read and debated was rejected.

Mr. Hooper presented the representation of William Boritz, agent, &c., which being read, was referred to the Committee on the Governor’s message, &c.

Mr. Person presented the Memorial of William Fields which was read and sent to the Senate.

Mr. Person presented the report of the Committee on His Excellency the Governor’s message, referred by the last to the present Assembly, which being read was referred to the first Committee of Propositions and Grievances.

Received from His Excellency the Governor, the following message:

To the Honourable the General Assembly:

Gentlemen:

I lay before you a Petition from the widow of Thomas Moody, Deceased, praying a gratuity, &c. You have also herewith a Recommendatory letter from General Greene on the subject.

ALEX MARTIN.

At the same time received the letter and Petition referred to in the above message, which being read, were referred to the first Committee of Propositions and Grievances.

The Bill to impower Arthur Brown, Esq., late Sheriff of Bertie County, to collect the arrears of taxes due for the said County in the year one thousand seven hundred and seventy-four and one thousand

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seven hundred and seventy-five was read the second time, passed & sent to the Senate.

The Bill to alter the name of Frederick Totevine to Frederick Lane was read the third time, passed and sent to the Senate.

The Bill for prolonging the time given by law for securing Lotts in the several Towns within this State, was read the first time, passed and sent to the Senate.

Mr. Lock, presented the Memorial of John Penn, Esquire, late a Delegate from this State in the Congress of the United States, which being read, was referred to the Committee of Claims and Depreciation.

Resolved, that the Bill to suppress vice and immorality, and for other purposes; the Bill to establish a Town on the land of John Walker, &c.; and the Bill vesting in James Williams, his heirs, &c., the property of a Bridge known by the name of McCraney’s Bridge, &c., be read each the second time on Monday next.

The Bill for impowering the Court of Brunswick County to adjourn to the place which they shall think most convenient for holding the same, was read the second time, passed and sent to the Senate.

The House adjourned till Monday morning 9 o’clock.


Monday, 3 May, 1784.

The House met according to adjournment.

Resolved, That Mr. Carter be excused from attending on the Committee to whom was referred the Memorial of William Cocke, and that Mr. Looney be added to the said Committee.

Mr. I. G. Blount moved for leave and presented a Bill for annexing certain lands laid off by Thomas Respess, Esquire, to the Town of Washington, and for impowering the Commissioners to lay a tax on the Inhabitants of said Town, which was read the first time, passed and sent to the Senate.

Received from the Senate the following Bills, vizt.:

A Bill to encourage Enoch Sawyer to make a road through Pasquotank River Swamp.

A Bill for extending the boundary line between the Counties of Currituck and Camden and for allowing County Surveyors further time to make their returns; and

A Bill to prescribe the affirmation of Allegiance and Fidelity to this State to be taken by the people called Quakers, and for granting

-------------------- page 536 --------------------
them certain indulgences therein mentioned. Endorsed in Senate, 1 May, 1784, read the first time and passed. Also,

A Bill for prolonging the time given by Law for securing Lotts in the several Towns within this State. Endorsed in Senate, 1 May, 1784, read the second time, amended and passed.

A Bill to impower Arthur Brown, Esq., late Sheriff of Bertie County, to collect the arrears of taxes due for the said county in the year 1774 and 1775. Endorsed in Senate, 1 May, 1784, read the third time, amended and passed.

Mr. Winslow moved for leave and presented a Bill for dividing Cumberland County into two distinct Counties, and for other purposes therein mentioned, which was read the first time, passed and sent to the Senate.

The Bill for erecting part of the Counties of Sullivan and Greene into a distinct County by the name of ——, was read the first time, passed and sent to the Senate.

Received from the Senate the report of the Committee to which was referred the Memorial of Capt. John McCrohone. Endorsed, read and concurred with.

Received from the Senate the report of the Committee to which was referred the Petition of Drs. Brownfield and Alexander, and the resolve of this House allowing them a certain quantity of Land. Each endorsed, read and concurred with.

Received from the Senate the report of the Committee to which was referred the Petition of Nathaniel Allen and others, concurred with.

Received from the Senate the representation of William Boritz, Agent, &c. The Petition of Mary Moody and the report of the Committee on His Excellency’s the Governor’s message, referred by the last to the present Assembly. Respectively endorsed, read and referred as by the Commons.

Received from the Senate the following messages, vizt.:

Mr. Speaker and Gentlemen:

Mr. Everagin, Mr. Lockhart, Mr. Smith, Mr. Irwin, Mr. Coor, Mr. Lane, and Genl. McDowall will act with the Gentlemen by you appointed to report the additions, amendments and alterations which they think proper to be made in the Bill to prevent the exportation of unmerchantable commodities.

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Mr. Speaker and Gentlemen:

We propose that the Committee to which is referred the adjustment of Mr. Penn’s accounts be further directed to report on the accounts of Willie Jones, Esquire.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We agree that the Committee to which is referred the adjustment of Mr. Penn’s accounts be further directed to report on the accounts of Willie Jones, Esquire.

Mr. Person, from the Committee to which was referred the accounts of John Penn, Esquire, delivered in a report which being read was ordered to lie on the Table for consideration.

Received from the Senate the Petition of Archibald Hamilton. Endorsed in Senate, read and referred to the Committee appointed to take under consideration the Governor’s message, &c., which being read, was referred by this House to the said Committee.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

This House propose that the method hereafter to be adopted by the Legislature in reading and engrossing Bills be agreeable to the resolutions on that head herewith sent you for your concurrence.

At the same time received the Resolve referred to in the above message, which being read was concurred with; whereupon, resolved, that the said Resolve be entered on the Journal verbatim, which is as follows, vizt.:

Resolved, that every Bill, after having been read twice in the Senate and House of Commons, shall be engrossed, and being so engrossed, shall be introduced for the third and last reading in the House where it was first presented, when it shall undergo no amendments, other than clerical errors, but be either passed or rejected.

That the Bills be first read for the information of the respective Houses, and then for debate, paragraph by paragraph.

That no Bill in the future be read for debate in either House as a second reading, without one day’s previous notice to the House in which it is to be read.

That whenever the Senate or House of Commons shall have rejected a Bill, which had previously passed three readings in the other

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House, the House rejecting such Bill shall give the other House immediate notice thereof.

That every Bill may be debated before it is put on its passage on the first reading in either House.

That the expence of drawing and engrossing all bills of a private nature be paid by the party introducing them.

That no matter foreign to the title of a Bill shall be inserted in any clause in such Bill.

Mr. Bloodworth moved for leave to withdraw for amendment the Bill to suppress vice and immorality and for other purposes. Ordered that he have leave accordingly.

Received from the Senate the following Bills, vizt.:

A Bill for clearing and opening the navigation of Trent River in Jones County.

A Bill to encourage the destruction of Vermin.

A Bill for establishing a Town in Jones County on the lands of Thomas Webber and others.

A Bill for annexing certain lands laid off by Thos. Respess, Esquire, to the Town of Washington, and for impowering the Commissioners to lay a Tax on the Inhabitants of said Town.

A Bill for dividing Cumberland County into two distinct Counties, and for other purposes therein mentioned. Endorsed in Senate, 3 May, 1784, read the first time and passed.

A Bill for erecting part of the Counties of Sullivan and Greene into a distinct County of the name of Harris. Endorsed in Senate, 3 May, 1784, read the second time and passed.

A Bill for impowering the Court of Brunswick County to adjourn to the place which they shall think most convenient for holding the same. Endorsed in Senate, 3 May, 1784, read the third time and passed.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We propose that the General Assembly, pursuant to the former determination of the two Houses on that head, ballot this day at 12 o’clock for a Governor of the State for the current year. At the request of General Caswell his name hath been by the order of this House withdrawn from the nomination. Mr. Coor and Mr. Macon

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will superintend the balloting which we propose shall be conducted at the Court House.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We agree to your proposal relative to the election of a Governor for the current year, and have appointed on our part Mr. Payne and Mr. Skinner to superintend the Balloting.

The order of the day for reading for the second time the Bill to establish a town on the land of John Walker, &c., being called for and read, the said Bill, according to order, was read the second time, amended, passed and sent to the Senate.

Mr. Gillispie, who had leave to withdraw for amendment the Bill for dividing Duplin County, delivered in the same at the Table when, on motion, it was ordered that the said Bill be read the second time to-morrow.

The order of the day for reading for the second time the Bill for vesting in James Williams and his Heirs, &c., the property of a Bridge known by the name of McCraney’s Bridge, on the lower Little River in Cumberland County, being called for and read, the said Bill according to order, was read the second time, amended, passed and sent to the Senate.

Resolved, that the Bill to ascertain the measurement of firewood sold in the several towns within this State, established by Legislative authority, be read the second time to-morrow.

Mr. Payne, from the joint Balloting for a Governor for the current year, Reported that Alexander Martin, Esquire, was elected Governor by a large majority of the votes of both Houses of the General Assembly.

The House taking the said report into consideration concurred therewith.

Ordered that the following address be presented His Excellency Alexander Martin, Esquire, vizt.:

To His Excellency Alexander Martin, Esquire:

Sir:

The General Assembly have this day proceeded to the election of a Governor for this State for the present year when your Excellency was chosen to that important office; you will therefore be pleased to

-------------------- page 540 --------------------
appoint a time when you will be formally vested with the executive power by qualifying according to the laws of this State in such case made and provided.

Ordered that the above address be sent to the Senate for concurrence with the following message:

Mr. Speaker and Gentlemen:

We propose that the message herewith sent you be presented to his Excellency the Governor. We have appointed on our part Mr. Payne and Col. Davie to attend him with it.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House propose balloting at five o’clock on Saturday Evening for a Council of State. We put in nomination for Councillors, Mr. Phill Hawkins, Sen., Mr. Charles Saunders, Genl. Polk, Mr. Nathaniel Macon, Mr. Robert Burton, Mr. Robert Bignall, Mr. Spruce McKay, Col. Joseph Leech and Col. James Emmett, should you accede to this proposal please to signify it to us by message. We also nominate for a Councillor the Marquis of Britigney.

Mr. Frohock presented a Petition from Joseph Hughes, which being read was referred to the Salisbury District Board of Auditors for allowance.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The Senate wish the message addressed to His Excellency the Governor, which accompanies this, might be presented him instead of the one by you proposed as they conceive it will prevent the loss of much time; should you approve of it Mr. Willie Jones and Mr. Brown will, on the part of this House, attend him with the same.

At the same time received the address referred to in the above message, which being read and debated was rejected and the following proposed, vizt.:

To His Excellency Alexander Martin, Esquire, Governor, Captain General, &c., &c.:

Sir:

The General Assembly this day proceeded to the election of a Governor for the present year, when you, Sir, was chosen to that important office; you will therefore be pleased to attend both Houses of

-------------------- page 541 --------------------
the Legislature at five o’clock this evening at the Church, there to be invested with the executive powers by qualifying according to the laws of the State in such case made and enter upon the execution of that office.

Ordered that the following message be sent to the Senate with the above address:

Mr. Speaker and Gentlemen:

This House do not concur with the address you propose to be presented His Excellency the Governor, and in order to obviate any further difficulty with respect to the mode of the Governor’s qualifying, we propose that the address herewith sent you be presented his Excellency in lieu of the one heretofore sent you for concurrence on that head.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The Senate concur with your last proposed message to His Excellency the Governor, have caused the same to be signed and returned you by Mr. Jones and Mr. Brown who will, on the part of this House, attend him with the same.

Mr. Nicholas Long, one of the members for Halifax County, appeared, was qualified and took his seat.

Ordered that the Bill to impower Arthur Brown, Esquire, late Sheriff of Bertie County, to collect the arrears of taxes due for the said County in the year 1774 and 1775 be engrossed, and that it be read the third and last time to-morrow.

Ordered that the Bill for impowering the Court of Brunswick County to adjourn to the place which they shall think most convenient for holding the same, be engrossed and that it be read the third and last time to-morrow.

Resolved, That the Bill for annexing certain lands laid off by Thomas Respass, Esquire, to the Town of Washington, and for impowering the Commissioners to lay a tax on the inhabitants of said Town.

The Bill for extending the Boundary line between the Counties of Currituck and Camden and for allowing County Surveyors further time to make their returns.

The Bill for erecting part of the Counties of Sullivan and Greene into a distinct County by the name of Harris; and,

-------------------- page 542 --------------------

The Bill for prolonging the time given by Law, for securing Lotts in the several Towns within this State, be read each the second time to-morrow.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The Senate concur with the report of the Committee to which was referred the consideration of the Message from His Excellency the Governor, and the State papers accompanying it, laid before the General Assembly at the opening of the present session, as by you amended, except only that they have deled the word and in the fourth line of the eleventh section thereof, and inserted the word or in its place.

At the same time received the report of the Committee, above referred to, which was ordered to be entered on the journal, as it stands concurred with by both Houses which is as follows:

The Committee appointed to examine the message of His Excellency the Governor, together with the papers accompanying the same, and report what measures are necessary to be taken in consequences of the intelligence they convey; And also to consider what bills of a public nature are necessary to be passed into Laws at the present session of Assembly, and to prepare and bring in the same, report as follows:

The Committee having taken under consideration a Letter from Robert Morris, the Financier, appointing Thomas Montgomery to settle the accounts of this State with the United States, approve of the said appointment, and recommend that the Comptroller be authorized and required to settle the accounts of this State with the said Commissioner.

Recommend, That the United States in Congress Assembled, be authorized and impowered in the final settlement of the proportions to be borne by each State of the General expences of the War, from the Commencement thereof until the first day of January, 1782, except the Monies loaned to the United States, to assume and adopt such principles, as from the particular circumstances of the several States at different periods may appear just and equitable, without being wholly confined to the rule laid down in the eighth article of the

-------------------- page 543 --------------------
Confederation in cases where the same cannot be applied without manifest injustice.

Recommend, That the Delegates of this State be authorized and impowered to assent to a repeal of so much of the eighth article of the Confederation and perpetual Union between the thirteen States of America, as is contained in the words following, to-wit:

“All charges of War, and all other expences that shall be incurred for the common defence or General Welfare, and allowed by the United States in Congress Assembled, shall be defrayed out of a Common Treasury, which shall be supplied by the several States in proportion to the value of all Land within each State granted to or surveyed for any purpose, as such land, the buildings and improvements thereon, shall be estimated according to such mode as the United States in Congress Assembled shall, from time to time, direct and appoint,” is hereby revoked and made void, and in place thereof it is declared and concluded, the same having been agreed to in a Congress of the United States, that “all charges of War, and all other expences that have been or shall be incurred, for the common defence or general welfare and allowed by the United States in Congress Assembled, except as shall be otherwise provided for, shall be defrayed out of a common treasury which shall be supplied by the several States in proportion to the whole number of white and other free citizens and inhabitants of every age, sex and condition, including those bound to servitude for a term of years; and three-fifths of all other persons not comprehended in the foregoing description, except Indians not paying Taxes, in each State, which number shall be triennially taken and transmitted to the United States in Congress Assembled in such mode as they shall direct and appoint.”

Recommend, That this State annually appoint their delegates to serve in Congress for one year, to commence on the first Monday in November next ensuing the time of their appointment, and when vacancies shall happen by the removal or resignation of any of the said Delegates within the year, this State shall appoint others in their stead to serve only for the remainder of the year, and to furnish their Delegates so appointed with Commissions, or other credentials, under the seal of the State, particularly specifying the time for which they are appointed.

Recommend that the Delegates of this State be authorized and

-------------------- page 544 --------------------
impowered to assent to the levying in this State for the use of the United States, for the term of twenty-five years the following duties upon Goods imported into this State, from any foreign port, island or plantation.

Upon all Rum of Jamaica proof, per Gallon
4-90ths
of a Dollar
Upon all Spirituous Liquors
3-90ths
do
Upon Madeira Wine
12-90ths
do
Upon all other Wines
6-90ths
do
Upon Common Bohea Tea, per ℔
9-90ths
do
Upon all other Teas
24-90ths
do
Upon Pepper, per ℔
3-90ths
do
Upon Brown Sugar, per ℔
½-90th
do
Upon all Loaf Sugar
2-90ths
do
Upon all other Sugars ℔
1-90th
do
Upon Molasses, per Gallon
1-90th
do
Upon Cocoa and Coffee, per ℔
1-90th
do

Upon all other goods a duty of five per cent. ad valorem, at the time and place of importation under the conditions expressed in a Resolution of Congress of the 18th of April, 1783; Provided, that none of the said duties shall be applied to any other purposes than the discharge of the Interest or principal of the debts contracted on the faith of the United States, for supporting the War, agreeable to the Resolution of Congress of the 16th Day of December last.

Whereas, Congress by a Resolution of April 18th, 1783, have recommended to the several States to establish for a term limited to twenty-five years a fund for the discharge of the Interest and Principal of the Debts contracted on the faith of the United States.

Recommend, That a tax of —— be laid on every hundred acres of Lands, and also a poll Tax of —— for the purposes aforesaid.

Recommend, That this State yield to the Congress of the United States, for the benefit of the said States, all Right, Title and Claim which the said State hath to the Lands included in the following bounds, vizt.:

Upon the following express conditions and reservations and subject thereto, that is to say, that the Inhabitants of the Territory Westward of the said line shall not for the future be estimated in the

-------------------- page 545 --------------------
ascertaining the proportion of this State, with the United States, in the common expence occasioned by the war; that the lands laid off or directed to be laid off by an act or acts of Assembly of this State for the officers and Soldiers of the North Carolina Brigade be reserved for the use of the said officers and soldiers, their heirs and assigns, respectively; that all entries made by and grants made to all and every person and persons whatsoever under the laws of this State, and within the limits hereby ceded to the United States, shall have the same force and effect as if this cession had not been made, and that all and every right and rights of pre-emption reserved by any act or acts of this State to persons settled on and occupying any lands within the limits of the lands hereby ceded as aforesaid, and all reservations of hunting grounds for the use of the Indians shall continue to be in full force, in the same manner as if this cession had not been made, and as conditions upon which the said lands are ceded to the United States and upon the following further conditions, that is to say:

Recommend, That some method should be immediately adopted to ascertain the quantity of Continental money in the hands of the Treasurers, Collectors and other officers, for which they stand accountable to this State, and that they do with all possible expedition deliver the same into the hands of the Comptroller of this State, and that in some future Tax to be imposed for the exigencies of the State the Continental money in the hands of Individuals shall be received as our State Currency at the rate of eight hundred for one.

And that the Comptroller of this State shall deliver into the possession of the Commissioner appointed by Congress to settle with this State its accounts with the United States, all such Continental money as shall by virtue of the above regulation be paid into his hands by the Treasurers, Collectors and other public officers, the said Comptroller taking from the said Commissioner receipts for all sums so paid and delivered to him.

Recommend, That a Bill be brought in to authorize Congress to regulate within the United States their Trade with Foreign Nations.

In order that the first, second, third, fourth, sixth, seventh, eighth, ninth and tenth articles of the definitive Treaty be carried into execution

-------------------- page 546 --------------------
according to the true spirit thereof, recommend that a Bill be brought in to repeal all Laws now in force in this State which tend to counteract their operation or to prevent their being carried into compleat effect.

The Recommendation of Congress respecting the securing to the authors or publishers of new Books not hitherto printed, being Citizens of the United States, and to their Executors, Administrators and assigns, the copy right of such books for a certain time, not less than fourteen years from the first publication, &c.

Recommend, That a Bill be brought in for that purpose.

Recommend, That a Bill be brought in to lay a Duty on all negroes imported into this State either by land or sea.

Recommend, That the folowing duties be laid on the following articles, to-wit:

£
s.
d.
Upon Jamaica Rum, per Gallon
0
0
4
Upon all other Spirituous Liquors
0
0
3
Upon Madeira Wine
0
1
0
Upon all other Wines
0
0
6
Upon Common Bohea Tea
0
0
6
Upon all other Teas
0
2
0
Upon Pepper, per ℔
0
0
3
Upon Brown Sugar, per ℔
0
0
½
Upon Loaf Sugar
0
0
2
Upon all other Sugars
0
0
1
Upon Molasses, per Gallon
0
0
1
Upon Cocoa and Coffee, per ℔
0
0
1

And upon all other goods a duty of two per cent. ad valorem, at the time and place of importation, the value to be determined by the original invoice, to continue in force until the Impost recommended by Congress takes place and no longer.

Recommend a Bill to levy a Tax on the following articles, to-wit: On every Billiard Table, per annum, fifty pounds; every Box and Dice, ten pounds; on every pack of playing cards, five pounds.

Recommend a Bill to regulate Taverns, Ordinaries and Gaming Tables, directing the mode of granting licenses, preventing persons

-------------------- page 547 --------------------
keeping Houses of Entertainment without license, and repealing so much of the acts now in force against gaming as come within the purview of this Act.

Recommend, That a Bill be brought in to revise, amend and reduce to system the Treason and Confiscation laws now in force in this State.

Recommend, That a Bill be brought in to devise ways and means to erect court Houses and other public buildings for the use of the respective Counties and Districts, repairing those that are decayed, and applying all fines and forfeitures to effect those purposes.

The Petition of the Honourable Samuel Ashe praying that a Patent may be filled up in his name for certain Lands therein mentioned, being read, a motion was made that it be recommended to the Assembly to grant the prayer of the said Petition.

Resolved in the negative.

Recommend, a Bill be brought in for appointing Commissioners for extending and establishing the Southern Boundary Line of this State.

Recommend, That a Bill be brought in for erecting public Buildings for the use of the State, and for altering the time of holding the annual Elections and meetings of the General Assembly.

Recommend, That a Bill be brought in for the encouragement of foreigners to settle in this State.

Recommend, That a Bill be brought in to regulate the duty of the officers of the customs.

Recommend, That a Bill be brought in for the establishing a fund for the payment of the Interest due upon certificates given to the Continental Officers and Soldiers.

Recommend, That a Bill be brought in to revise, amend and alter the acts of Assembly relative to public roads and water courses.

Recommend, That a Bill be brought in for laying a Tax for the support of Government, &c., and also that a Bill be brought in to revise and amend an act for establishing Courts of Law and Equity, and for regulating the proceedings therein.

JOHN BUTLER, Ch.

So it was concurred with.

The House adjourned till to-morrow morning 9 o’clock.

-------------------- page 548 --------------------


Tuesday, 4 May, 1784.

The House met according to adjournment.

The order of the day for reading the second time the Bill to ascertain the measurement of firewood sold in the several Towns within this State established by Legislative authority, being called for and read, the said Bill according to order was read the second time, passed and sent to the Senate.

Mr. Herritage moved for leave and presented a Bill to amend an act intitled “an act for establishing a Town on the land of William Herritage at a place called Atkin’s Banks in Dobb’s County,” which was read the first time, passed and sent to the Senate.

Received from the Senate a Bill for docking the Intail of certain Lands therein mentioned, and vesting the same in fee simple in Charles Gilmour and William Hendrie and Willie Jones, their heirs and assigns. Endorsed in Senate, 4 May, 1784, read the first time and passed.

Mr. Auld moved for leave and presented a Bill for levying a Tax on the Inhabitants of Anson County to compleat the public buildings thereof, which was read the first time, passed and sent to the Senate.

Mr. Bloodworth, who had leave to withdraw for amendment the Bill to suppress vice and immorality and for other purposes, delivered in at The Table the said Bill, which was read the second time and rejected.

Mr. Winslow presented a Petition from Mary Dowd, which was read and referred to the Committee to which was referred the message from His Excellency the Governor, &c.

Received from the Senate the Bill to amend an act intitled “an Act for establishing a Town on the land of William Herritage, at a place called Atkin’s Banks, in Dobbs County.” Endorsed in Senate, 4 May, 1784, read the first time and passed.

The House resumed the consideration of the report of the Committee of Privileges and Elections to whom was referred the Petition of John Walker, Esq., the report being in the words following, vizt.:

That it is the opinion of your Committee that Archibald Maclaine hath been duly elected, agreeable to the return of the Sheriff, to represent the Town of Wilmington for the present year; all which is submitted.

THOS. PERSON, Ch.
-------------------- page 549 --------------------

Resolved, That the House do concur with the said report.

Received from the Senate the following messages, vizt:

Mr. Speaker and Gentlemen:

The Senate add Genl. Rutherford to the Committee to which are referred the State papers, &c., laid before this Assembly.

Mr. Speaker and Gentlemen:

This House have added General Rutherford to the Committee appointed to report on the Petition of the Inhabitants settled beyond the Western Boundary.

The order of the day for reading, for the second time, the Bill for dividing Duplin County, being called for and read, the said Bill according to order was read the second time, amended, passed and sent to the Senate.

Mr. Carter moved for leave to withdraw for amendment, the Bill for erecting part of the Counties of Sullivan and Greene into a Distinct County by the name of Harris. Ordered that he have leave accordingly.

Mr. Person presented the Memorial of Joel Lewis, late commandant of the State Regiment, which being read was referred to a joint Committee. The members chosen by this House are Mr. Lytle, Mr. McDowall, Mr. Person, Mr. Long and Mr. Berringer.

Received from His Excellency the Governor, the following message:

To the Honourable the General Assembly:

Gentlemen:

I beg leave to lay before you an estimate made under the former Government, of balances supposed to be due from the several Sheriffs and collectors of public taxes to the public of North Carolina, in the year 1783. I am informed, however, several respectable persons therein mentioned have since paid up their balances; but as there are still some defaulters it may not be improper at this time for your honourable body to have this information that a discrimination be made, and such order taken as to you will appear proper.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

This accompanies a message from His Excellency the Governor, enclosing an estimate made under the former Government of balances

-------------------- page 550 --------------------
supposed to be due from the several Sheriffs, in consequence of which this House propose that a joint Committee be appointed which shall be constituted a Committee of ways and means for bringing to settlement those who are indebted to the public, and have for that purpose on our part, appointed Mr. Stone and Mr. Payne, from the District of Edenton, Mr. Bloodworth and Mr. Gray from Wilmington, and Mr. Lock and Mr. Phifer from Salisbury, Mr. Person and Mr. P. Hawkins from Hillsborough, Mr. Edmunds and Mr. Long from Halifax, Mr. A. Bryan and Mr. Jordan from New Bern, Mr. Lenoir and Mr. McDowall from Morgan.

Mr. W. Blount moved for leave and presented a Bill for the establishing a Town on Cumberland River at a place called the Bluff, near the French Lick, which was read the first time, passed and sent to the Senate.

The Bill for levying an additional Tax on the Inhabitants of Nash County for the purpose of finishing the public buildings, was ordered to be engrossed.

The order of the day for reading for the second time the Bill for extending the boundary line between the counties of Currituck and Camden and for allowing County Surveyors further time to make their returns, being called for and read, according to order, was read the second time, amended, passed and sent to the Senate.

The order of the day for reading for the second time the Bill for annexing certain lands laid off by Thomas Respess, Esquire, to the Town of Washington, and for impowering the Commissioners to lay a Tax on the Inhabitants of said Town, being called for and read, the said Bill, according to order, was read the second time, amended, passed & sent to the Senate.

Resolved, That the following Bills be read the second time tomorrow, vizt.:

The Bill for prolonging the time given by law for securing Lotts in the several Towns within this State.

The Bill to amend an act entitled “an act for establishing a Town on the land of William Herritage, at a place called Atkin’s Banks, in Dobbs County.

The Bill for establishing and laying out a Town in Richmond County, and

The Bill to prescribe the affirmation of allegiance and fidelity to

-------------------- page 551 --------------------
this State to be taken by the people called Quakers & for granting them certain indulgences therein mentioned.

The Bill for clearing and opening the navigation of Trent River, in Jones County, was read the first time, passed & sent to the Senate.

The Bill to encourage the destruction of Vermin, was read the first time, passed and sent to the Senate.

Mr. W. Bryan moved for leave and presented a Bill to amend an act passed at New Bern the first day of December, 1766, intitled “an act for establishing a school house in the town of New Bern,” which was read the first time, passed and sent to the Senate.

The Bill for levying a further tax in the District of Halifax for repairing the Court House and Gaol of said District, was read the first time, passed & sent to the Senate.

The Bill for docking the Intail of certain lands therein mentioned and vesting the same in fee simple in Charles Gilmour and William Hendrie & Willie Jones, their heirs and assigns, was read the first time, passed & sent to the Senate.

Resolved, That the Bill to encourage Enoch Sawyer to make a Road through Pasquotank River Swamp be read the second time to-morrow.

The Bill for establishing a town in Jones County, on the lands of Thomas Webber and others, was read the first time, passed & sent to the Senate.

Dr. White presented a certificate of the valuation of a negro, the property of Charles Arrington, that was executed by public authority, which being read, was referred to the second Committee of Propositions and Grievances.

Received from the Senate the Bill for the establishing a Town on Cumberland River, at a place called the Bluff, near the French Lick. Endorsed in Senate, 4 May, 1784, read the first time, amended and passed.

Received from the Senate the Petition of Joseph Hughs and the Petition of Mary Dowd. Each endorsed, read and referred as by the Commons.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We concur with your proposition as to appointing a Committee of Ways and Means for bringing to setlement those who are indebted

-------------------- page 552 --------------------
to the public, and for that purpose appoint, on our part, Mr. Hunter, Mr. Coor, Mr. Willie Jones, Mr. Irwin, Mr. Ramsey, Mr. Brown and General McDowall.

Received from the Senate the Memorial of Joel Lewis. Endorsed, read and referred to General Rutherford, General Gregory & Col. Murfree.

Resolved, That the Bill for establishing a Town on Cumberland River, at a place called the Bluff, near the French Lick, be read the second time to-morrow.

Received from the Senate a Bill to amend an act passed at New Bern the first day of December, 1766, intitled “an act for establishing a School House in the Town of New Bern,” and a Bill for authorizing the Congress of the United States to regulate the trade of this State with Foreign Nations. Endorsed in Senate, 4 May, 1784, read the first time and passed.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We consent that the General Assembly ballot at the time by you proposed for a Council of State, we agree to the nomination of your House and nominate, in addition to those Gentlemen, John Brickell and James Sanders, Esquires.

General Butler from the Committee of Propositions and Grievances, reported as follows:

1st. That having taken under consideration the Petition of Ned Griffin, and depositions relative threto, are of opinion that William Kitchen late owner of the said Griffin has relinquished his right and title to the said Ned Griffin, and thereupon it appears to your Committee that the said Griffin immediately became the property of the State, respecting manumission of slaves; we are therefore of opinion that the said Ned Griffin be manumitted by an act of Assembly for his meritorious services.

2nd. Your Committee are also of opinion that Hugh Stanley, a Militia Soldier wounded in the service of his Country and recommended by the County Court of Jones, be allowed the annual sum of twenty pounds for five years.

3rd. Your Committee also having taken under consideration the Claim of General Lillington, are of opinion that the allowance made him by the Auditors is as much as he is entitled to by Law.

-------------------- page 553 --------------------

4th. Your Committee having considered the Petition of Henry Mounger and others, relative to certain lands purchased of Henry Eustace McCullock are of opinion that it be rejected.

5th. Your Committee having taken under consideration the Memorial of Thomas Seawell, are of opinion that the said Seawell apply to the Gentlemen whom he let have the salt.

6th. Your Committee having also taken under consideration the claim of Doctor Joseph Blyth, are of opinion that the Auditors allow him the sum of two hundred and twenty-nine pounds for services done and medicines expended for the Militia of this State.

7th. Have also read the Petition of William Courtney and vouchers relative thereto, and are of opinion that the Auditors be directed to allow William Courtney a reasonable allowance for the rent of his Houses for four months and a half.

8th. Read the Petition of Rowland Harris, and are of opinion that the County Court of Montgomery be impowered, by an act of Assembly for that purpose to lay a tax not exceeding one shilling per annum on every hundred pounds value of taxable property and a proportionable poll tax to defray the charges of erecting the public buildings in said County.

9th. Your Committee also read the Petition of Alexander Morrison, a soldier wounded in the Battle of Eutaw Springs, and are of opinion that the said Morrison be allowed the annual sum of fifteen pounds for five years.

10th. Having read the claim of Andrew Bass to thirty-six head of Cattle, it appears to this Committee that his vouchers are not sufficient, for which reason his claim is rejected.

11. Your Committee took under consideration the Memorial of Robert Burton, Esquire, which is rejected; also having read the Petition of Elisabeth Hinkle it is rejected.

A certificate from the Comptroller respecting Matthew McClure’s claim being read, we are of opinion that no further allowance can be made him, but there appears to be a balance due him of one thousand seven hundred and thirty-three pounds, eight shillings and seven pence, as per his account, all which is submitted.

JOHN BUTLER, Ch.

The foregoing report was read and concurred with as to the first, second, third, fourth, seventh, eighth, tenth, eleventh and twelfth

-------------------- page 554 --------------------
sections; the fifth and ninth sections being postponed for consideration, and the sixth rejected.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

You will herewith receive the report of the Committee of Propositions and Grievances upon the several matters submitted to their consideration with which we concur, except only as to the fifth section relative to the Memorial of Thomas Seawell, which we propose considering at a future time; as also the ninth section, which we postpone a final determination upon until a resolution of Congress for relief of wounded soldiers can be procured, or until some general measure may be adopted by this assembly to relieve the distresses of such persons; and except also as to the sixth section, relative to Doctor Blyth’s accounts, which we have thought proper to reject.

The House adjourned till to-morrow twelve o’clock.


Wednesday, 5 May, 1784.

The House met according to adjournment.

Ordered that Mr. Nicholas Long be added to the first Committee of Propositions and Grievances.

Mr. Winslow moved for leave and presented a Bill to authorize Theophilus Evans to receive toll at Rock Fish Bridge, by him built in Bladen County; which was read the first time, passed and sent to the Senate.

Mr. Bloodworth presented the account of the Executors of Robert Hogg against the State. Ordered that the same be referred to the first Committee of Propositions and Grievances.

The Petition of John Walker, of Wilmington, was read and rejected.

Mr. Hooper moved for leave and presented a Bill for building Court Houses and Prisons for the use of the several Districts in this State and for repairing such as are in a state of decay, which was read for information. Ordered that this Bill be read to-morrow for the first time.

Mr. Blount moved for leave and presented a Bill to vest in Nathaniel Allen and others, certain lands therein mentioned, which was read for information. Ordered that this bill be read to-morrow for the first time.

-------------------- page 555 --------------------

Mr. Blount moved for leave and presented a Bill for erecting public buildings for the use of the State, which was read for information.

Ordered that this Bill be read to-morrow for the first reading.

Mr. Hooper moved for leave to prepare and bring in a Bill for docking Intails, regulating the mode of descent of real estates & making provision for the dower of widows. Ordered that he have leave accordingly.

General Butler moved for leave & presented a Bill for repealing an act of the last General Assembly entitled “an act 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 purpose of appointing a Salary and fees for the Attorney and Solicitor, and other purposes,” which was read for information. Ordered that this Bill be read on Friday next for the first reading.

Mr. Davie moved for leave and presented a Bill to amend an act passed at Hillsborough in the year 1783, intitled “an act for emitting one hundred thousand pounds for the year 1783 for the redemption of the paper currency now in circulation, and advancing to the Continental Officers and Soldiers part of their pay and subsistance, and for laying a tax and appropriating the confiscated property for the redemption of the money now emitted,” and also an act passed at Halifax in the year 1779 intitled “an act for punishing persons concerned in any of the several species of Counterfeiting in this State,” which was read for information. Ordered that this Bill be read on Friday next for the first reading.

General Butler presented the account of James Mebane against the State. Ordered that the same be referred to the first Committee of Propositions and Grievances.

Resolved, That Elijah Graves be allowed the sum of sixty-six pounds, thirteen shilings as a recompence for a negro slave named Swift, executed by public authority; that the Treasurers or either of them pay him the same and be allowed in the settlement of their accounts.

Resolved, That the Treasurers be directed to withhold payment of all sums of money which they have been ordered to pay by this Assembly for executed Slaves until they shall receive further directions from the General Assembly.

Ordered that the following message be sent to the Senate:

-------------------- page 556 --------------------

Mr. Speaker and Gentlemen:

We send you herewith a Resolve of this House directing the Treasurers to withhold payment of draughts made on them for executed slaves. We have, the better to effect the purpose of this resolution, directed our Clerks to issue no orders granted by this Assembly of any kind, unless by order of the House.

Resolved, That the Comptroller be requested to deliver to Mr. Matthew McClure the accounts, &c., lodged in the Comptroller’s office by him the said Mr. McClure; it appearing to this House that his accounts ought properly to be settled by Mr. Montgomery, who is appointed by Congress to settle the acounts of this State with the United States, &c.

Read the Petition of Matthew Jones, which was referred to the second Comittee of Propositions and Grievances.

Read the Petition of Elijah Robertson, which was referred to the first Committee of Propositions and Grievances.

On a motion, made and seconded, for reconsidering the Petition of Robert Burton, Esquire, Resolved, that the said Petition be recommitted by the Committee of Propositions and Grievances.

Received from the Senate the following Bills, vizt.:

A Bill for establishing a Town in Jones County on the lands of Thomas Webber and others.

A Bill to encourage the destruction of Vermin.

A Bill for docking the Intail of certain lands therein mentioned, and vesting the same in fee simple in Charles Gilmour & William Hendrie & Willie Jones, their heirs and assigns.

A Bill for clearing and opening the navigation of Trent River, in Jones County. Endorsed in Senate, 5 May, 1784, read the second time, amended and passed.

The order of the day for reading for the second time the Bill to encourage Enoch Sawyer to make a Road through Pasquotank River Swamp 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 following Bills, vizt.:

A Bill to authorize Theophilus Evans to receive Toll at Rock Fish Bridge, by him built in Bladen County.

A Bill for the restraint of Vagrants. Endorsed in Senate, 5 May, 1784, read the first time and passed.

-------------------- page 557 --------------------

Received from the Senate a Resolve in favor of John Whitaker, Coroner of Wake County, which being read was rejected.

Resolved, That a joint Committee be appointed to consider and report what measures can be adopted to do equal justice to the Creditors of this State, as well as to facilitate the manner of settling accounts, either by abolishing the District Auditors or otherwise. That Mr. Hawkins, Mr. Hooper, Mr. W. Bryan, Mr. Phifer, Col. Long, Mr. Lock, Mr. Starkey, Genl. Butler and Mr. Person be a Committee on the part of this House for that purpose.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We propose that a joint Committee be appointed to consider and report what measures can be adopted to do equal justice to the creditors of this State, as well as to facilitate the manner of settling accounts either by abolishing the district auditors or otherwise, and have for that purpose on our part, appointed Mr. Hawkins, Mr. Hooper, Mr. W. Bryan, Mr. Phifer, Col. Long, Mr. Lock, Mr. Starkey, Genl. Butler and Mr. Person a Committee.

Resolved, That John Whitaker be allowed the sum of three pounds, eight shillings, current money of the State, for services rendered the public when acting as Coroner of the County of Wake, and that the Collectors and receivers of public Taxes shall receive this resolution and the sum herein mentioned shall draw interest and be discharged in the same manner as Certificates granted by the Board of Auditors in this State.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We do not concur with the resolve of your House in favour of the Coroner of Wake County, but propose that the one herewith sent you be adopted in lieu thereof.

The order of the day for reading for the second time the Bill to amend an act for establishing a Town on the land of William Herritage at a place called Atkin’s Banks, in Dobbs County, being called for and read, the said Bill, according to order, was read the second time, amended, passed and sent to the Senate.

The order of the day for reading for the second time the Bill for the establishing a Town on Cumberland River, at a place called the Bluff, near the French Lick, being called for and read, the said Bill,

-------------------- page 558 --------------------
according to order, was read the second time, amended, passed and sent to the Senate.

The Bill for establishing and laying out a Town in Richmond County was read the second time, amended, passed & sent to the Senate.

Received from the Senate the Resolve of this House allowing Elijah Graves sixty-six pounds, thirteen shillings, and the resolve directing the Treasurers to withold payment of the certificates for allowances made this Assembly, concurred with.

Received from the Senate the Petition of Matthew Jones & the Petition of Elijah Robertson. The account of Robert Hogg, Exor., and the account of James Mebane against the State. Respectively endorsed, read and referred as by the Commons.

The Bill for prolonging the time given by law for securing Lotts in the several Towns within this State was read the second time, passed and ordered to be Engrossed.

Resolved, That the following Bills be read the first time to-morrow, vizt.:

The Bill for the restraint of vagrants.

The Bill for authorizing the Congress of the United States to regulate the Trade of this State with Foreign Nations.

Resolved, That the following Bills be read the second time to-morrow, vizt.:

The Bill to amend an act passed at New Bern the first day of December, 1766, intitled “an act for establishing a School House in the Town of New Bern.”

The Bill for establishing a Town in Jones County, on the lands of Thomas Webber and others.

The Bill to encourage the destruction of Vermin.

The Bill for clearing and opening the navigation of Trent River, in Jones County.

The Bill for docking the Intail of certain lands therein mentioned, and vesting the same in fee simple in Charles Gilmour, William Hendrie and Willie Jones, their heirs and assigns.

The Bill to authorize Theophilus Evans to receive toll at Rock Fish Bridge, by him built in Bladen County.

Received from the Senate a Bill for adding part of Guilford County

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to the County of Randolph. Endorsed in Senate, 4 May, 1784, read the first time and passed.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

With this we return you the report of the Committee of Propositions and Grievances concurred with in every respect as by your House.

The several matters to this day referred being postponed, the House adjourned till to-morrow 9 o’clock.


Thursday, 6 May, 1784.

The House met according to adjournment.

The following Bills were presented and read for information, vizt.:

A Bill for dividing the District of Morgan.

A Bill to prevent killing Deer by Firelight and at unseasonable times.

A Bill for laying a Tax for the support of Government and for sinking the debts of this State.

A bill for ascertaining the fees of the pilots at Ocracoke, Beaufort and Bogue Inlets, and for appointing Commissioners of the Navigation for Bogue Inlet. Ordered that these Bills be read to-morrow for the first reading.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

This House consent to appoint a joint Committee to consider of and report what measures can be adopted to do equal justice to the Creditors of this State, &c., and appoint for that purpose Mr. W. Jones, General Rutherford, Mr. Smith, Mr. Saml. Johnston and Mr. Brown.

Read the Petition of Needham Jarnigan, whereupon,

Resolved, That the sheriff of the County of Hertford, or if paid into the hands of the public Treasurer of the District of Edenton, that the said Treasurer refund to Needham Jarnigan the amount of the public tax on one thousand four hundred and eighty one pounds, it appearing that the tax on that sum had been paid on the estate of Cullen Pollock both in the Counties of Bertie and Hertford on the same property.

And that that the said sum of one thousand four hundred and eighty-one pounds be deducted from the amount of taxable property for

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the said County of Hertford, and not be considered as any part thereof.

The Memorial of John Griffin and Robert Moore being read, was referred to the Committee to whom was referred the Petition of Joel Lewis.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We cannot agree to your proposition relative to Mr. Matthew McClure’s accounts, but are of opinion that the Comptroller be directed to grant Mr. McClure an indented certificate for the sum of one thousand seven hundred and thirty-three pounds, eight shillings & seven pence specie, being the balance due him on the accounts so far as he produced vouchers, and that the Comptroller be directed to deliver Mr. McClure such papers as may be filed in his office as do not relate to that part of the account by him allowed; which papers, with the amount of the account not allowed, be referred to Mr. Montgomery to state and settle the same.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House cannot concur with your proposition relative to the accounts of Mr. McClure as they conceive that Mr. McClure’s accounts ought to be wholly settled by one person, which would not be the case provided they were to adopt the mode prescribed by you.

Resolved, That the Bill for vesting in James Williams, his heirs, executors, Administrators & Assigns the property of a Toll-Bridge known by the name of McCraney’s Bridge, on the lower Little River in Cumberland County, be read to-morrow for the third and last time in this House.

Received from the Senate the Resolve of this House allowing John Whitaker, Coroner, three pounds eight shillings as therein mentioned, concurred with.

The order of the day for reading for the second time the Bill to prescribe the affirmation of allegiance and fidelity to this State to be taken by the people called Quakers, and for granting them certain indulgences therein mentioned, being called for and read, the said Bill according to order was read the second time, amended, passed and sent to the Senate.

Received from the Senate the report of the Committee to whom

-------------------- page 561 --------------------
was referred the Petitions of a number of the Inhabitants of Pasqnotank County. Endorsed in Senate, read and concurred with. The said report being read was concurred with by this House.

Received from the Senate the following Bills, vizt.:

A Bill for altering the names of Joshua Taylor, Moses Taylor, Aaron Taylor, Mark Taylor and William Taylor to that of Joshua Sugg, Moses Sugg, Aaron Sugg, Mark Sugg and William Sugg.

A Bill to alter the place of holding the County Court in Pasquotank County from Windfield to the Town of Nixonton in the said County, and to erect a new Court House, pillory and stocks in the said Town. Endorsed in Senate, 6 May, 1784, read the first time and passed.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

With this you will receive the report of the joint Committee on the representation of Mr. Thomas Brickell, in consequence of which this House is induced to recommend that the Clerk of the House of Commons be directed to re-issue to Mr. Brickell a certificate of allowance for his services in attending the last session of Assembly.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We concur with your proposition relative to the re-issuing a certificate to Thomas Brickell, Esq.

Received from the Senate a Bill for altering the times of holding the County Courts of Pleas and Quarter Sessions in the Counties of Montgomery, Richmond, Anson, Mecklenburg, Lincoln, Rutherford, Burke, Rowan, Surry, Wilkes and Guilford. Endorsed in Senate, 6 May, 1784, read the first time and passed.

The following Bills were presented and read for the information of the House, vizt.:

A Bill for appointing Commissioners for extending and establishing the Southern Boundary Line of this State.

A Bill vesting a power in the United States in Congress Assembled to levy a duty on foreign merchandize for the use of the United States.

A Bill to impower the delegates of this State in Congress to assent to a repeal of part of the eighth of the articles of confederation and

-------------------- page 562 --------------------
perpetual union between the thirteen States of America, and to subscribe and ratify the alteration proposed in the recommendation of Congress of the 18th of April, 1783, in place thereof as part of the said Instrument of Union.

A Bill directing the appointment of Delegates agreeable to the recommendation of Congress.

Ordered that these Bills be read to-morrow for the first reading.

The Memorial of Nicholas Long, Esq., was read and referred to a joint Committee; the members chosen on the part of this House for that purpose are Mr. Winslow, Mr. Blount, Mr. Davie, Mr. Person, Mr. Wilson & Mr. Sitgreaves.

The Petition of sundry inhabitants of the Counties of Mecklenburg and Rowan, in behalf of the children of Jacob Egner, being read was referred to the Committee appointed to report on the public papers, &c.

Mr. Long from the Committee to whom was referred the Memorial of Lieutenant Colonel Joel Lewis, Reported as follows, vizt.:

That they are of opinion the most eligible mode of liquidating and finally adjusting the accounts of the officers and soldiers of the late State Regiment, will be by reference to the District Auditors. All which is submitted.

NICHOLAS LONG, Ch.

The House taking the said report into consideration concurred therewith.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We propose that the Committee to report on the public dispatches be directed to devise and report a more equal and effectual mode of taxation than is at present in use in this State.

Received from the Senate the Memorial of John Griffin & Report

Received from the Senate the Memorial of John Griffin & Robert Moore. Endorsed, read and referred as by the Commons.

Resolved, That General Butler and Mr. I. Skinner be appointed to examine, on the part of this House, the Engrossed Bills.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House have appointed Genl. Butler and Mr. Skinner to examine the Engrossed Bills.

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Received from the Senate the Resolve of this House directing the Sheriff or the Treasurer of Edenton District to refund the Tax on £1481 to Needham Jarnagan, concurred with.

Received from the Senate a Bill to prevent the exportation of unmerchantable commodities. Endorsed in Senate, 6th May, 1784, rad the first time and passed.

Ordered that this Bill be read the second time on Saturday next.

The order of the day for reading for the second time the Bill to amend an act passed at New Bern the first day of December, 1766, entitled “an act for establishing a School House in the Town of New Bern,” being called for and read, the said Bill, according to order, was read the second time, amended, passed and sent to the Senate.

Rceived from the Senate a Resolve for the better and more speedy relief of the persons to whom annuities have been granted, which being read was concurred with.

The order of the day for reading for the second time the Bill to encourage the destruction of vermin, being called for and read, the said Bill according to order, was read the second time and rejected.

The Petition of David Miller was read and referred to the first Committee of Propositions and Grievances.

The order of the day for reading for the second time the Bill for establishing a Town in Jones County on the lands of Thomas Webber and others, being called for and read, the said Bill was according to order, read the second time, amended, passed and ordered to be Engrossed.

Received from the Senate the following messages, vizt.:

Mr. Speaker and Gentlemen:

It is likewise the opinion of this House that the Committee to which is referred the public dispatches be directed to report on the subject of taxation.

Mr. Speaker and Gentlemen:

Mr. Willie Jones and Mr. Samuel Johnston will, on the part of this House, act with the Gentlemen by you appointed to examine and compare the engrossed copies of the Bills which may be passed this session, with the originals.

Received from the Senate the Petition of the Inhabitants of the Counties of Mecklenburg and Rowan in favour of the children of

-------------------- page 564 --------------------
Jacob Egner. Endorsed, read and referred as by the Commons.

Received from the Senate the report of the Committee to which was referred the Memorial of Lieutenant Colonel Joel Lewis. Endorsed, read and concurred with.

Received from His Excellency the Governor, the following message:

To the Honourable the General Assembly:

Gentlemen:

I submit to your pleasure the letters sent herewith; the one I am informed is from the mercantile Houses in Hamburg, a free imperial city in Germany; the others from one of equal eminence in Amsterdam. As the writers discover a friendly disposition to lend aid to our commerce a Resolution from the Honourable the Legislature, expressive of encouragement to such opulent foreigners may not be improper, to give more weight and satisfaction to what the executive might hold out to them on this subject. This will also convince our late enemies that we mean not to be beholden to them for Trade under their restrictions, when our commerce is already courted by a number of capital merchants in Europe, and which by proper attention paid to its interests, may soon be by the World.

ALEX. MARTIN.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

You will herewith receive a message from His Excellency the Governor, addressed to the General Assembly, together with the Letters therein alluded to, which we propose referring to the Committee appointed to report on the public dispatches, &c.

Pursuant to the order of the day the Bill to vest in Nathaniel Allen and others, certain lands therein mentioned, was read the first time, passed and sent to the Senate.

Received from the Senate the following Engrossed Bills, vizt.:

A Bill for vesting in James Williams, his heirs, Executors, Administrators and assigns, the property of the Toll Bridge known by the name of McCraney’s Bridge, on the lower little River in Cumberland County.

A Bill to establish a Town on the land of John Walker, at a place

-------------------- page 565 --------------------
called Deep Water, joining Fort Johnston, on the River Cape Fear in Brunswick County. Endorsed in Senate, 4 May, 1784, read the second time, amended and passed.

Received from the Senate the Memorial of Nicholas Long, Esquire. Endorsed, read and referred to Mr. Saml. Johnston, Mr. W. Jones, Mr. Cocke, Mr. Macon and Mr. Ramsey.

Mr. Davie moved for leave and presented a Bill to revise the Laws, which was read for information and ordered to lie on the Table until Monday next, & then to be read for the first time.

Recd. the Petition of a number of the Inhabitants of Guilford County praying a division thereof; Whereupon, Mr. Gallaway moved for leave and presented a Bill agreeable to the prayer of the said Petition, which was read for information and ordered to lie on the Table until Monday next and then to be read for the first reading.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We agree that the message from His Excellency the Governor, of this day, addressed to the General Assembly, together with the letters accompanying it, be referred to the Committee to which was referred the consideration of the public dispatches laid before this Assembly.

Resolved, That the Bill to alter the place of holding the County Court in Pasquotank County from Windfield to the Town of Nixonton, in the said County and to erect a new Court House, Pillory and Stocks in the said Town, be read the first time To-morrow.

Received from the Senate the Bill to vest in Nathaniel Allen, and others, certain Lands therein mentioned. Endorsed in Senate, 6 May, 1784, read the first time and passed. Ordered that this Bill be read the second time on Monday next.

Resolved, That the Bill for adding part of Guilford County to the County of Randolph, be read the first time on Monday next.

Pursuant to the order of the day, the Bill for repealing an act of the last General Assembly entitled “an act 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 purpose of appointing a Salary and fees for the Attorney and Solicitor and other purposes,” was read the first time, passed and sent to the Senate.

-------------------- page 566 --------------------

Mr. Hooper moved for leave to withdraw for amendment, the Blll for building Court Houses and Prisons for the use of the several Districts, &c.

Ordered that he have leave accordingly, and that he bring in the said Bill on Monday next, when it shall be read for the first time in this House.

Pursuant to the order of the Day, the Bill for docking the Intail of certain Lands therein mentioned, and vesting the same in fee simple in Charles Gilmour & William Hendrie & Willie Jones, their heirs and assigns, was read the second time. On the question shall this Bill be put on its passage or not, it was objected to and carried in the negative.

Ordered that the Bill lie on the Table until Tuesday next, and then be put on its passage.

Resolved, That the Bill for dividing Duplin County be read to-morrow for the third and last reading in this House.

Received from the Senate the Petition of William Bell. Endorsed, read and referred to the first Committee of Propositions and Grievances.

The said Petition being read was referred by this House to the said Committee.

Pursuant to the order of the day, the Bill to authorize Theophilus Evans to receive toll at Rock Fish Bridge, by him built in Bladen County, was read the second time, amended, passed and sent to the Senate.

Pursuant to the order of the day, the Bill to amend an act passed at Hillsborough in the year 1783, entitled “an act for emitting one hundred thousand pounds for the year 1783, for the redemption of the paper currency now in circulation, & advancing to the Continental Officers and Soldiers part of their pay and subsistance, and for laying a tax and appropriating the confiscated property for the redemption of the money now emitted;” and also an act passed at Halifax in the year 1779, entitled “an act for punishing persons concerned in any of the several species of counterfeiting in this State,” was read the first time, passed and sent to the Senate.

Pursuant to the order of the day, The Bill for the restraint of Vagrants was read the first time, passed and sent to the Senate.

Pursuant to the order of the day, the Bill for authorizing the

-------------------- page 567 --------------------
United States in Congress assembled to regulate the trade of this State with Foreign Nations, was read the first time, passed and sent to the Senae.

The House adjourned till to-morrow morning 9 o’clock.


Friday, 7 May, 1784.

The House met according to adjournment.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We propose that the Committee of Propositions and Grievances reconsider the Petition of Robert Burton, Esquire, Quarter Master, &c.

The Petition of William Elliott being read, was referred to the Committee to whom was referred the Petition of Samuel Strudwick, Esquire, late Secretary, &c.

Pursuant to the order of the day, the Bill for dividing the District of Morgan was read the first time, passed and sent to the Senate.

Received from the Senate the Petition of David Miller. Endorsed, read and referred as by the Commons.

Pursuant to the order of the day, the bill to prevent killing Deer by firelight at unseasonable times of the year, was read the first time, amended, passed and sent to the Senate.

Rceived from the Senate the Petition of William Elliott. Endorsed, read and referred as by the Commons.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We consent that the Committee of Propositions and Grievances be directed to reconsider the Petition of Robert Burton, Esquire.

Received from the Senate the following Bills, vizt.:

A Bill for repealing an act of the last General Assembly entitled “an act 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 purpose of appointing a Salary and Fees for the Attorney and Solicitor and other purposes.”

A Bil for dividing the District of Morgan. Endorsed in Senate, 7 May, 1784, read the first time and passed.

Ordered that these Bills be read the second time on Monday next. Mr. Blount moved for leave and presented a Bill ceding to the

-------------------- page 568 --------------------
Congress of the United States certain Western Lands, and authorizing the Delegates from this State in Congress to execute a Deed or Deeds for the same, which was read for information, and ordered to lie on the Table until Monday next & then to be read for the first reading.

Ordered that the Bill for laying a Tax for the support of Government & for sinking the debts of this State, lie on the Table for further consideration.

General Butler, from the Committee of Propositions and Grievances delivered in a report which was ordered to lie on the Table.

The Bill for ascertaining the fees of the Pilots at Ocracoke, Beaufort and Bogue Inlets and for appointing Commissioners of the Navigation for Bogue Inlet, was read the first time, passed and sent to the Senate.

The Bill for vesting in James Williams, his heirs, Executors, Administrators and assigns, the property of the Toll Bridge known by the name of McCraney’s Bridge, on the lower Little River in Cumberland County, was read the third time, passed and sent to the Senate.

The Bill for appointing Commissioners for extending and establishing the Southern Boundary Line of this State, was read the first time, passed and sent to the Senate.

The Bill vesting a power in the United States in Congress assembled, to levy a duty on Foreign Merchandize for the use of the United States, was read the first time, amended, passed and sent to the Senate.

The Bill to impower the Delegates of this State in Congress to assent to a repeal of part of the eighth article of Confederation and perpetual Union between the thirteen States of America, and to subscribe and ratify the alteration proposed in the recommendation of Congress of the 18th of April, 1783, in place thereof as part of the said Instrument of Union, was read the first time, passed and sent to the Senate.

The Bill directing the appointment of Delegates agreeable to the recommendation of Congress, was read the first time, passed and sent to the Senate.

The Bill to alter the place of holding the County Court in Pasquotank County from Windfield to the Town of Nixonton, in the said County, and to erect a new Court House, Pillory and Stocks in the

-------------------- page 569 --------------------
said Town, was read the first time, passed and sent to the Senate.

Mr. Blount moved for leave and presented a Bill to encourage Enoch Ward and Company to cut a Canal from Club-Foot’s Creek to Harloe’s Creek, which was read for information and ordered to lie on the Table until Monday next, and then to be read for the first reading.

Mr. Starkey from the Committee to whom was referred the Petition of Mr. William Cocke, reported as follows, vizt.:

That the facts set forth in Mr. Cocke’s Petition have been fully supported by proof to your Committee, and they recommend that so much of the twelfth section as is contained in the following words, to-wit: “And it is hereby expressly declared that it shall not be lawful for any person or persons to claim, enter or survey the Great Island in Holston River; and if any such Entry be made (the same having been in open violation of Treaty) is hereby declared void; and be it enacted, that the said Island shall be, and hereby is reserved and appropriated to the sole purpose of holding talks and Treaties on, with the said Cherokee Indians, and shall not be granted, sold or disposed of, to any person or persons whatever. Passed at the last session of Assembly entitled ‘An act for opening the land office for the redemption of specie and other certificates and discharging the arrears due to the army,’ be repealed and made void.”

EDWD. STARKEY, Ch.

The House taking the said report into consideration concurred therewith.

Received from the Senate a Message proposing to ballot to-morrow for Delegates and Treasurers, which being read was ordered to lie on the Table for consideration.

The Bill for dividing Duplin County was read the third time, passed and sent to the Senate.

Received from the Senate the following Bills, vizt.:

A Bill directing the appointment of Delegates agreeable to the recommendation of Congress.

A Bill vesting a power in the United States in Congress assembled to levy a duty on foreign Merchandize for the use of the United States.

A Bill to prevent the several species of hunting therein mentioned.

A Bill for appointing Commissioners for extending and establishing

-------------------- page 570 --------------------
the Southern Boundary Line of this State. Endorsed in Senate, 7th May, 1784, read the first time and passed.

Ordered that the said Bills be read the second time in this House on Monday next.

Resolved, That the Bill for dividing Cumberland County into two distinct Counties, and for other purposes therein mentioned, be read the second time in this House on Monday next.

Received from the Senate the following Reports of the Committee of Propositions and Grievances, vizt.:

A report on the Memorial of the Honourable Judge Spencer.

A report on the Certificate of Francis Jones in flavour of Alfred Moore, Esquire.

A report in favour of Edward Davis.

A report on the Petition of Jane Scoby.

A report on the Petition of John Simpson, and

A report on the Petition of Abram Bledsoe, which being read were severally concurred with.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

With this you will receive the report of the Committee to which was referred the Memorial of Richard Henderson and Company; the subject matter of which we propose shall be recommitted, and appoint on the part of this House Mr. Lane, Mr. Macon and Mr. Irwin, in addition to the Committee already appointed to consider of this Memorial.

It is the opinion of this House that the Committee be directed to report whether or not the Memorialists are entitled to a further grant of land from the State, and if so, to what number of acres.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We agree that the report of the Committee on the Memorial of Richard Henderson and Company, be recommitted and that the Committee shall report as by you proposed.

The House adjourned till to-morrow 5 o’clock p. m.


Saturday, 8th May, 1784.

The House met according to adjournment.

Received from the Senate the following Bills, vizt.:

-------------------- page 571 --------------------

A Bill for annexing certain lands laid off by Thomas Respess, Esquire, to the town of Washington, and for impowering the Commissioners to lay a tax on the Inhabitants of said Town.

A Bill for extending the boundary line between the Counties of Currituck and Camden and for allowing County Surveyors further time to make their returns. Endorsed in Senate, 5 May, 1784, read the second time, passed and ordered to be Engrossed.

A Bill for establishing and laying out a town in Richmond County. Endorsed in Senate, 6 May, 1784, read the second time, passed and ordered to be Engrossed.

Ordered that Mr. N. Jones have leave to absent himself from the service of the House until Monday, Mr. P. Hawkins, Mr. Sessums & Mr. Cage until Tuesday and Mr. Clark until Wednesday.

Resolved, That Mr. William Blount & Dr. White be appointed on the part of this House to superintend the balloting for a Council of State.

Mr. William Blount, from the joint Balloting for a Council of State, Reported, that Nathaniel Macon, Philemon Hawkins, Sen., James Sanders, Thomas Polk, Robert Burton and Robert Bignal, Esquires, were elected members of the Council of State, That neither of the other Gentlemen in nomination had a majority of the votes of both Houses of the General Assembly in their favour, and therefore recommended to the House that one other member of the Council should be again balloted for.

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

The House adjourned till Monday morning 9 o’clock.


Monday, 10 May, 1784.

The House met according to adjournment.

Mr. McDowall moved for leave and presented a Bill for appointing Commissioners in the District of Morgan for the purpose of erecting a Court House, Prison and Stocks in the County of Burke for the use of said District, and for levying a tax to complete the same; also, for laying out and establishing a town in Burke County, which was read for information and ordered to lie on the Table until Tomorrow & then to be read for the first reading in this House.

Mr. David Wilson presented the claims of Col. Elijah Clark, of

-------------------- page 572 --------------------
the State of Georgia, which being read were referred to the Committee of Claims and Depreciation.

Mr. Person from the Committee to which was referred the Petition of the Inhabitants of Davidson County, Reported as follows, vizt.:

That the following persons, vizt.: John Cockrill, Ann Cockrill, formerly the widow Ann Johnston, Robert Espy, John Buchannan, Cornelius Ruddle, James Mulkerin, James Todd, Isaac Johnston, John Gibson, Francis Armstrong, John Kennady, Sen., Mark Roberson, William Ellis, James Thompson, James Shaw, James Franklin, Henry Howdyshall, Pierce Castillo, Morris Shean, William Logan, David Hodd, John White, Peter Leoney, William Collins, Jonas Maniffee, Capt. Daniel Williams, John Evans, Andrew Thomson, Casper Mansco, George Freeland, Daniel Johnston, Edward Swanson, Andrew Kellow, Francis Hodge, John Mulkerin, James Freeland, John Tucker, James Foster, Amos Heaton, Dennis Condry, Frederick Stump, Russell Gower, Andrew Ervin, Thomas Prater, Isaac Lindsey, Moses Winters, James Harris, John Browne, Lewis Crane, John Montgomery, Stephen Ray, Daniel Hogan, Thomas Spencer, Humphrey Hogan, Haydon Wells, Henry Ramsey, John Barrow, Jno. Thomas, Wm. Stuart, Saml. Walker, David Rounsevall, Arthur MacAdoe, Jas. McAdoe, Henry Turner, Saml. Burton, John Dunham, Ephraim Pratt and James Robertson, each and every one of them, receive a grant of six hundred and forty acres of land, including their pre-emptions, without being required to pay any price to the State for the same, provided that every person receiving such grant shall pay the office and surveyor’s fees for the same. And the Committee are further of opinion that the Heirs or devisees of Zachariah White, Alexander Buchannan, James Leper, James Harrod, Alexander Thomson, David Maxwell, Robert Lucas, Timothy Tirrell, William Hood, Edward Carvin, William Nieley, James Shanklin, Samuel Morrow, George Kennedy, John Robertson, Abel Gowen, Sen., Abel Gowen, Jun., Nicholas Trammell, Philip Mason, James Turpin, Nathan Turpin, Jacob Stump, Nicholas Gentry, William Cooper, Jacob Jones, James Mayfield, William Green, William Johnston, Samuel Scott, George Aspie, William Leighton, John Evans, John Crutchfield, Joseph Hay, John Searcey, Isaac Lucas, Patrick Quigley, Jacob Stull, Joseph Milligan, Abram Jones, David Fane, Benjamin Porter, Edward Larimore, William Gausney, Jonathan

-------------------- page 573 --------------------
Jennings, David Gowin, Jesse Bialston, Joseph Renfrew, Philip Coonrod, William Guasnay, John Bernard, John Lumsden, John Gilkey, Solomon Phelps, James John, Thomas Harney, Alexander Allerson, John Blackamore, James Fowler, John McMuntry, John Shockley, John Galloway and Isaac Lavavour, who were killed in the settlement and defence of the said County of Davidson, receive grants for the same number of acres in the same manner, and on the same terms and conditions as the former.

And, as it appears that Christopher Gais, Sen., Christopher Gais, Jun., Jonathan Gais, Kasper Bocker, Richard Breeze, Princis Cocke, Mark Nobles, John Kitts, Isaac Mayfield, Samuel Hollis, Isaac Rounsevall, Enias Thomas, Joshua Thomas, Caleb Winters, John Buchannan, Sen., John Kennedy, Sen., John Kennedy, Jun., John Castello, Robert Thomson, and Swanson Williams, part of them arrived from different places at the Cumberland settlements soon after the time prescribed by the law for obtaining preemptions expired, and part of them were there before the expiration of the time, but were under age; and, as it also appears that all of them have continued there ever since their arrival and assistd in defending the Country, it is the opinion of the Committee that they also receive free grants of the same number of acres, as those mentioned above, and be allowed the liberty of laying them wherever they can find vacant lands and of entering them with the entry officer of Davidson County; on paying the usual office fees. All which is submitted.

THOMAS PERSON, Ch.
(Note—This refers to Davidson County, Tennessee—Ed.)

The House taking the said report into consideration concurred therewith.

Mr. Cumming moved for leave and presented a Bill to authorize and impower Isaac Gregory, Esq., formerly Sheriff of Pasquotank, now Pasquotank and Camden Counties, to collect the arrears of taxes due him from the Inhabitants of said Counties for the years 1769, 1770, 1771, 1772 and 1774, which was read for the information of the House, and ordered to lie on the Table until Tomorrow and then to be read for the first reading in this House.

Mr. B. Hawkins moved for leave and presented a Bill vesting certain powers therein mentioned in the United States, in Congress

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assembled, which was read for the information of the House, and ordered to lie on the Table until To-morrow and then to be read for the first reading in this House.

The Petition of Brice Collins was read & the subject matter thereof referred to the Auditors of Hillsborough District for an allowance.

The Petition of Demsey Burgess being read, was referred to the joint Committee to whom was referred the Petition of Nathaniel Allen and others.

The Memorial of Peter Terry was read and referred to the first Committee of Propositions and Grievances.

The Bill for erecting public buildings for the use of the State was read the first time, amended, passed & sent to the Senate.

Received from the Senate the following Bills, vizt.:

A Bill for ascertaining the fees of the pilots at Ocracoke, Beaufort and Bogue Inlets and for appointing Commissioners of the Navigation for Bogue Inlet. Endorsed in Senate, 7 May, 1784, read the first time and passed.

A Bill for authorizing the United States in Congress assembled, to regulate the Trade of this State with Foreign Nations.

A Bill for the restraint of vagrants.

A Bil to alter the place of holding the County Court in Pasquotank County from Windfield to the Town of Nixonton, in the said County, and to erect a new Court House, Pillory and Stocks in the said Town. Endorsed in Senate, 10 May, 1784, read the second time and passed.

Ordered that the said Bills be read to-morrow.

Received from His Excellency the Governor, the two following messages, vizt.:

To the Honourable the General Assembly:

Gentlemen:

You have herewith the Petition of Ralph McNair late received, and some papers from him inclosed, together with a Petition from his Brother, Ebenezer McNair, which I am requested to lay before you.

ALEX. MARTIN.
-------------------- page 575 --------------------
To the Honourable the General Assembly: Gentlemen:

I send herewith for your perusal two acts of the honourable, the Legislature of South Carolina, communicated to me by His Excellency the Governor of that State.

ALEX. MARTIN.

At the same time received the several papers, &c., referred to in the two before mentioned messages from His Excellency the Governor, which being read were referred to the Committee to whom the State papers, &c., were referred.

Received from the Senate the Claims of Col. Elijah Clark, of the State of Georgia. Endorsed, read and referred as by the House of Commons.

Received from the Senate the report of the Committee to whom was referred the Petition of William Cocke. Endorsed, read and concurred with.

Mr. B. Hawkins moved for leave and presented a Bill for extending the navigation of Roanoke river, which was read for information and ordered to lie on the Table until to-morrow and then read for the first reading in this House.

Received from the Senate the following Bills, vizt.:

A Bill to describe the lands granted to Major General Nathaniel Greene and to confirm the title thereof in the said Nathaniel Greene, his heirs and assigns, forever.

A Bill for levying a tax for paying the interest of the certificates granted to officers and soldiers of the Continental Line of this State pursuant to an act passed in 1783, intitled “an act to amend an act intitled an act for the relief of the officers and soldiers of the Continental Line and for other purposes.”

A Bill for establishing a Court of Oyer and Terminer and General Gaol delivery in the County of Davidson. Endorsed in Senate, 10 May, 1784, read the first time and passed.

Ordered that the said Bills be read for the information of the House, the same were accordingly read, and ordered to lie on the Table until To-morrow and then read for the first reading in this House.

Mr. Nash moved for leave to withdraw for amendment the Bill

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to revise the Laws. Ordered that he have leave accordingly, and that Mr. Davie assist Mr. Nash in this business.

Received from the Senate the following Bills, vizt.:

A Bill to impower the Delegates of this State in Congress to assent to a repeal of part of the eighth of the articles of Confederation and perpetual Union between the thirteen States of America, and to subscribe and ratify the alteration proposed in the recommendation of Congress of the 18th of April, 1783, in place thereof, as part of the said Instrument of Union. Endorsed in Senate, 7 May, 1784, read the first time and passed.

A Bill to amend an act passed at Hillsborough in the year 1783, intitled “an act for emitting one hundred thousand pounds for the year 1783, for the redemption of the paper currency now in circulation and advancing to the Continental Officers and Soldiers part of their pay and subsistance, and for laying a tax and appropriating the confiscated property from the redemption of the money now emitted,” and also an act passed at Hillsborough in the year 1779, entitled “an act for punishing persons concerned in any of the several species of counterfeiting in this State” Endorsed in Senate, 10 May, 1784, read the first time and passed.

Ordered that these Bills be read the second time to-morrow.

Mr. Starkey moved for leave and presented a Bill to impower Edward Winslow to receive storage for Tobacco inspected and deposited in the ware house by him built at Fayetteville, which was read for information of the House, and ordered to lie on the Table until to-morrow and then read for the first reading in this House.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We appoint Mr. Bloodworth, Mr. Starkey, Mr. Nash and Mr. Person, with such of your body as you may nominate, a Committee to prepare and bring in a Bill for processioning Lands.

Received from the Senate the Petition of Dempsey Burges and the Petition of Brier Collins, and the Memorial of Peter Terry. Referred by the House of Commons.

Received from the Senate the following Bills, vizt.:

A Bill for appointing Commissioners to lay off and make a road from the Long Island of Holston to Greene Lick on Duck River, and to the French Lick on Cumberland.

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A Bill for prescribing the mode of assessing all that tract of Country included within the boundary line between this State and the Cherokee Indians (as fixed by an act of the last session of Assembly) which lies westward of the Apalachian Mountains and for collecting the taxes and appropriating the monies arising therefrom. Endorsed in Senate, 10 May, 1784, read the first time and passed.

The Bill to prevent the exportation of unmerchantable commodities, was read the second time, amended, passed & sent to the Senate.

The two last mentioned bills received from the Senate were read for the information of the House, and ordered to lie on the Table until Wednesday, then to be read for the first reading in this House.

Received from the Senate the papers, &c., received this Day with the two messages from His Excellency the Governor. Endorsed, read and referred, as to the letter and papers from the Governor of the State of South Carolina & the mesages from His Excelency the Governor of this State, as by the Commons; but the Petition of Mr. Ralph and Ebenezer McNair rejected.

Received from the Senate the report of the Committee on the Petition from Davidson County, concurred with.

The Petition of Jacob Brown was read and referred to a joint Committee, the members chosen by this House are Mr. Person, Mr. Hawkins, Mr. Carter, Mr. Davie, Mr. B. Hawkins, Mr. Sitgreaves, Mr. Lock and Mr. McDowall.

Ordered that Mr. Thomas Alderson have leave to absent himself from the service of this House after Sunday next.

The Petition of John Foley was read and referred to the first Committee of Propositions and Grievances.

Received from the Senate a Resolve of that House allowing Andrew Allison, of Rowan County, the sum of Twelve pounds, which being read was concurred with.

The Bill for dividing Guilford County was read the first time, passed and sent to the Senate.

The Bill to vest in Nathaniel Allen and others, certain Lands therein mentioned was read the second time, amended, passed and sent to the Senate.

The Bill for adding part of Guilford County to the County of Randolph, was read the first time, passed & sent to the Senate.

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Received from the Senate the following messages, vizt.:

Mr. Speaker and Gentlemen:

Mr. Lockhart, Mr. Smith, Mr. Samuel Johnston, General Gregory and General Rutherford will act with the Gentlemen by you appointed to prepare and bring in a Bill for processioning Lands. It is the opinion of this House that this Committee be likewise directed to prepare and bring in a Bill for regulating and establishing a Militia in this State.

Mr. Speaker and Gentlemen:

We propose that the General Assembly ballot to-morrow at 4 o’clock in the afternoon for the place where the seat of Government shall be fixed, and put in nomination the towns of Tarborough, Smithfield, New Bern, Fayetteville, Salem and Hillsborough. We likewise nominate the plantation of John Abernathie in Wake County. It is the opinion of this House that the Councillor of State yet remaining to be elected be balloted for at the same time, for which appointment we nominate Thomas Eaton, Esq., and propose that two members be appointed by the Senate, and two from the House of Commons to attend and receive from the members in their respective Houses their Ballots, and to examine and make report thereon, and have on the part of this House appointed Mr. Coor and Mr. Macon for that purpose.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We agree that the Committee appointed to prepare and bring in a Bill for processioning lands shall also bring in a Bill to regulate and establish a Militia in this State. We also agree to ballot To-morrow at 4 o’clock for the place where the seat of Government shall be fixed, for the Councillor yet to be elected, and in manner by you proposed. We put in nomination for Councillor General Sumner, and have appointed Mr. Winslow and Mr. Payne to superintend the balloting.

Resolved That the following Bills be read to-morrow for the third and last reading, vizt.:

A Bill for impowering the Court of Brunswick County to adjourn to the place which they shall think most convenient for holding the same.

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A Bill to impower Arthur Brown, Esquire, late Sheriff of Bertie County, to collect the arrears for Taxes due for the County in the year one thousand, seven hundred and seventy-four, and one thousand, seven hundred and seventy-five.

A Bill for laying an additional tax on the Inhabitants of Nash County for the purpose of finishing the public buildings.

A Bill to establish a Town on the lands of John Walker, at a place called Deep Water Point, joining Fort Johnston on the River Cape Fear, in Brunswick County.

A Bill for extending the Boundary Line between the Counties of Currituck and Camden, and for allowing County Surveyors further time to make their returns.

A Bill for establishing and laying out a Town in Richmond County.

A Bill for annexing certain lands laid off by Thomas Respess, Esquire, to the Town of Washington, and for impowering the Commissioners to lay a tax on the Inhabitants of said Town.

A Bill to alter the name of Frederick Totevine to Frederick Lane.

A Bill to ascertain the measurement of firewood sold in the several Towns established within this State by the Legislature.

A Bill for prolonging the time given by law for securing Lotts in the several Towns within this State.

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


Tuesday, 11 May, 1784.

The House met according to adjournment.

Mr. Bloodworth moved for leave and presented a Bill for dividing the Election within the County of New Hanover, which was read for the information of the House and ordered to lie on the Table until To-morrow, and then to be read for the first reading in this House.

The House resumed the consideration of the report of the Committee of Propositions and Grievances, when it was concurred with as follows, vizt.:

That having read the Memorial of Elijah Roberson, it is the opinion of your Committee that the said Roberson be allowed nine hundred and sixty Acres of land for his services as a Commissary to the Commissioners appointed to lay off the lands for the officers and Soldiers of the Continental Line of this State.

-------------------- page 580 --------------------

Your Committee having read the recommendation from the County Court of Bladen in favour of Sarah White, widow of Stephen White, who lost his life in the defence of his Country at the battle of Monmouth Court House, and the said widow being now, on account of her poverty, a proper object of public notice, are of opinion that the said Sarah White be allowed the annual sum of fifteen pounds for the term of three years.

Read the recommendation from the County Court of Bladen in favour of Jemima Ray, whose husband lost his life in defence of his Country in the action near Camden in the year one thousand, seven hundred and eighty, and the said widow having several small children, one of which is deformed, recommend that she be allowed the annual sum of fifteen pounds for three years.

Read the recommendation from the County Court of Bladen in favour of Ann Averit, whose husband lost his life in defence of his Country and the said widow having several small children, one of which is an object of charity occasioned by its deformity, are of opinion that the said Ann Averit be allowed the annual sum of Fifteen pounds for the term of three years.

Read the Petition of William Bell, late Commissary of Randolph County, and having taken into consideration the situation of the said County where many of the public records and other papers were destroyed by the Enemies of the United States, are of opinion that the Comptroller General be directed to admit the said William Bell to his oath for all vouchers that were destroyed by the Enemy, and allow the same in the settlement of his accounts.

J. BUTLER, Ch.

The House taking the said report into consideration concurred therewith.

Mr. Davie moved for leave and presented a Bill for indemnifying the Commissioners of confiscated property from vexatious suits and prosecutions, which was read for the information of the House and ordered to lie on the table until Tomorrow and then to be read for the first reading in this House.

Received from the Senate the report of the Committee to whom was referred the Petition of Richard Cogdell, which being read was concurred with.

Read the Memorial of the Commissioners for regulating the Navigation

-------------------- page 581 --------------------
and pilotage of Cape Fear River; whereupon, Mr. A. Maclaine moved for leave and presented a bill for regulating the pilotage and facilitating the navigation of Cape Fear River, which was read for the information of the House and ordered to lie on the table until Tomorrow and then to be read for the first reading in this House.

Mr. Samuel Smithwick, one of the members for Martin county, appeared, was qualified and took his seat.

A Memorial signed by Henry Young in behalf of a meeting of the Inhabitants of Wilmington, was read, whereupon, Mr. Maclaine moved for leave and presented a Bill intitled “an Act for the regulation of the town of Wilmington,” which was read for the information of the House and ordered to lie on the Table until Tomorrow & then to be read for the first reading in this House.

Received from the Senate the report of the joint Committee on the Memorial of Nicholas Long, Esquire, Continental Deputy Quarter Master General for North Carolina, which being read was rejected.

Resolved, notwithstanding, That the General Assembly entertain a high and proper sense of the integrity and faithful services of Col. Nicholas Long, late Quarter Master General of this State.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We have rejected the report of the Committee on the Memorial of Col. Long and in consequence thereof entered into the resolve herewith sent for your concurrnce.

Mr. Hooper, according to order, presented a Bill to regulate the descent of real estates. To do away with Entails. To make provision for widows and to prevent frauds in the execution of last Wills and Testaments; which was read for the information of the House and ordered to lie on the Table until Thursday next and then to be read for the first reading in this House.

Ordered that the accounts of Doctor Hugh Boyd, (which were laid before the last General Assembly) be referred to a joint Committee. The members chosen by this House are Mr. Bloodworth, Mr. White & Mr. Person.

Mr. Hooper, who withdrew for amendment the Bill for building Court Houses and Prisons for the use of the several Districts in this

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State and for repairing such as are in a State of decay, delivered in the same at the Table, where it was read for the first reading in this House with the amendments, passed and sent to the Senate.

Mr. Gilispie moved for leave and presented a Bill to repeal such of the laws of this State as are inconsistent with the Treaty of Peace between the United States and his Britannic Majesty, which was read for the information of the House and ordered to lie on the Table until Thursday next, and then to be read for the first reading in this House.

Mr. Gillispie presented a Bill to amend and reduce to system the confiscation Laws now in force in this State, which was read for the information of the House and ordered to lie on the Table until Thursday next, and then to be read for the first reading in this House.

The Petition and remonstrance of Patrick St. Lawrence was read and referred to the Committee to whom was referred the State Papers, &c.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We propose balloting at four o’clock this evening for the delegation from this State to Congress, and that it consist of four. The Gentlemen the other day elected will probably not continue in it, indeed they cannot, if the Bill now on its passage respecting the Delegation should pass, longer than some time in next Fall when we should be not fully represented, unless four be chosen, whose delegation shall commence from that time. We put in nomination for delegates Richard Dobbs Spaight, Esq., Adlai Osborne, Esq., Benjamin Smith, John Sitgreaves, Edward Starkey, Spruce McKay, & William Cumming, Esquire. We also propose that the balloting be conducted in the manner you proposed yesterday, with respect to the seat of government. We further add Col. Caleb Grainger to the nomination and Mr. Adam Boyd, and Mr. John Penn.

The Acct. of Thornton Yancey was read and referred to the first Committee of Propositions and Grievances.

The Bill for repealing and act of the last General Assembly intitled “an act 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 purpose of appointing a Salary and fees

-------------------- page 583 --------------------
for the Attorney and Solicitor, and other purposes,” was read the second time, amended, passed and sent to the Senate.

The Bill to encourage Enoch Ward and Company to cut a Canal from Club Foot’s Creek to Harloe’s Creek, was read the first time, passed and sent to the Senate.

The Bill directing the appointment of Delegates, agreeable to the recommendation of Congress, was read the second time, passed and sent to the Senate.

The Bill for appointing Commissioners in the District of Morgan for the purpose of erecting a Court House, Prison and Stocks in the County of Burke for the use of said District, and for levying a tax to complete the same, also for laying out and establishing a town in Burke County, was read the first time, passed and sent to the Senate.

Received from the Senate the following mssage:

Mr. Speaker and Gentlemen:

We accede to your proposition, relative to balloting for the Delegation from this State to Congress, in every respect.

Ordered that Mr. Payne, of Warren, have leave of absence from this session of Assembly.

Received from the Senate the Petition of Jacob Brown. Endorsed, read and referred to General Rutherford, Mr. Bruce and Mr. Martin.

Mr. Payne, from the joint balloting, reported that Richard Dobbs Spaight, John Sitgreaves, and Thomas Person, Esquires, were elected Delegates, and Thomas Eaton, Esquire, member of the Council by a majority of the votes of both Houses in the General Assembly. That neither of the other Gentlemen in nomination for Delegates or the places for the seat of Government had a majority of the votes. And therefore recommend to the House that they should proceed immediately to ballot again for the Delegates yet to be appointed, as also for the place at which the seat of Government shall be fixed.

The House taking the said report into consideration concurred therewith.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We propose that the General Assembly ballot immediately for the place where the seat of Government shall be fixed, and nominate the

-------------------- page 584 --------------------
towns of Tarborough, Fayetteville, and Smithfield. We propose also that the Delegates yet to be made choice of be balloted for, and nominate Mr. Starkey, Mr. Cumming, & Mr. Osborne.

We also nominate for the seat of Government the plantation of Mr. John Abernathie in Wake County.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We concur with your proposition as to balloting for the Delegate yet to be appointed, and for the seat of government. Mr. Winslow and Mr. Payne will conduct the same on the part of this House.

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


Wednesday, 12 May, 1784.

The House met according to adjournment.

Received from the Senate the account of Thornton Yancey, Sheriff of Granville, and the Petition and remonstrance of Patrick St. Lawrence. Endorsed in Senate, read and referred as by the House of Commons.

Recd. also, the report of the Committee of Propositions and Grievances on the Memorial of Elijah Roberson, and the recommendation of Bladen Court in favour of Sarah White, Jemima Ray and Ann Averit; and on the petition of William Bell. Respectively endorsed, read and concurred with.

Received from the Senate the Resolve of this House declaring the sense of the General Assembly on the integrity and faithful services of Col. Long, concurred with.

Received from the Senate the accots. of Doctor Hugh Boyd. Endorsed in Senate, read and referred to Mr. Cocke and Mr. McDowall.

Received from the Senate the following Bills, vizt.:

A Bill for repealing part of an act passed at Hillsborough in May, 1783, intitled “an act for opening the land office for the redemption of specie and other Certificates, and discharging the arrears due to the Army.”

A Bill to encourage Enoch Ward, Spyers Singleton, Christopher Neale and Company to cut a Canal from Club Foot’s Creek to Harlee’s Creek.

A Bill for appointing Commissioners in the District of Morgan,

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for the purpose of erecting a Court House, Prison and Stocks in the County of Burke for the use of said District, and for laying a tax to complete the same, also for laying out and establishing a town in Burke county. Respectively endorsed, in Senate, 11 May, 1784, read the first time and passed.

Ordered that these Bills be read tomorrow.

Received from the Senate the following message of yesterday’s date, vizt.:

Mr. Speaker and Gentlemen:

It is the sense of this House that the General Assembly ballot tomorrow at four o’clock in the afternoon for the place where the seat of Government shall be fixed and for the Delegate yet to be made choice of.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons agree to the Proposition of the Senate in balloting this evening for the Delegate yet to be made choice of, and the place at which the seat of governmnt shall be fixed.

Mr. Nash, who had leave to withdraw for amendment the Bill to revise the Laws, delivered in the same at the Table, where it was read, with the amendments, for the first reading in this House, passed and sent to the Senate.

Received from the Senate the resolve allowing Jno. Chittin the sum of sixty pounds to relieve his distresses, which being read was concurred with.

Received from the Senate the Memorial of James Hogg, Executor of Thomas Burke, Deceased. Endorsed, read and referred to the Committee of Claims and Depreciation; which being read was referred by this House to the said Committee.

Received from the Senate the report of the Committee of the Petition of a number of the Inhabitants of Greene County, which being read was rejected.

Received from the Senate the report of the Committee, to whom was referred the Petition of James Gillispie, which being read was ordered to lie on the Table for consideration.

Received from the Senate the report of the Committee on the Petition of Matthew Jones, which being read was ordered to lie on the Table for consideration.

-------------------- page 586 --------------------

Received from the Senate the report of the Committee on the accounts of General William Skinner, which being read was concurred with.

Mr. A. 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,” which was read for the information of the House and ordered to lie on the table until tomorrow, and then to be read for the first reading in this House.

Received from the Senate the report of the Committee on the Petition of Sampson Moseley which being read was concurred with.

Mr. J. Blount moved for leave and presented a Bill to amend an act entitled “an act for opening the land office for the redemption of specie and other certificates, and for discharging the arrears due to the Army,” which was read for the information of the House and ordered to lie on the Table until Friday next and then to be read for the first reading in this House.

Resolved, That the Comptroller settle the accounts of issues with Philip Vass, late County Commissioner in Granville to the end that this State may have credit with the United States for such Issues.

Received from the Senate a Bill for levying a further tax in the District of Halifax for repairing the Court House and Gaol of said District. Endorsed in Senate, 12 May, 1784, read the second time, amended and passed. Ordered that this Bill be read the second time in this House on Friday next.

The Bill for dividing the District of Morgan was read the second time and rejected.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We propose that the message herewith sent you be presented to His Excellency the Governor, and appoint on the part of this House Mr. Coor and Mr. Hill to attend him with the same.

At the same time received the message addressed to His Excellency the Governor, which being read, was concurred with & Mr. Davie and Mr. Payne appointed to attend his Excellency with the same on the part of this House.

The Bill ceding to the Congress of the United States certain Western lands therein described, and authorizing the Delegates from this

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State in Congress to execute a deed or deeds for the same 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 balloting this evening for the place at which the next session of Assembly shall be held, at the same time of balloting for the Delegates, &c., and nominate the towns of Hillsborough, Tarborough, New Bern, Fayetteville, Smithfield and Halifiax.

The Bill to prevent the several species of hunting therein mentioned, was read the second time, amended, passed and sent to the Senate.

Received from the Senate a Resolve allowing John Braley, Register of Rowan County, the sum of fourteen pounds, which being read was concurred with.

Received from the Senate the Bill ceding to the Congress of the United States certain Western Lands therein described, and authorizing the Delegates from this State in Congress to execute a Deed or Deeds for the same. Endorsed in Senate, 12 May, 1784, read the first time and passed. Ordered that this Bill be read the second time in this House on Friday next.

Mr. Cumming moved for leave and presented a Bill to impower the Inferior Court of Pleas and Quarter Sessions of the several counties in this State to order the laying out Public Roads, and to establish and settle ferries, and to appoint where bridges shall be built, and to clear inland rivers and creeks, which was read for the information of the House and ordered to lie on the Table until Friday next, & then to be read for the first reading in this House.

Mr. Payne, from the joint balloting for a Delegate and the place at which the seat of Government shall be fixed, reported that neither of the Gentlemen in nomination for a Delegate nor neither of the places in nomination for the seat of Government had a majority of the votes of both Houses of the General Assembly.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We propose balloting immediately for the place at which the next session of Assembly shall be held, and for that purpose nominate the Towns of New Bern and Hillsborough. We propose balloting for a

-------------------- page 588 --------------------
Delegate at the same time, and to postpone the balloting for the place at which the seat of Government shall be fixed until a later day. Mr. Skinner and Mr. Winslow attend to conduct the balloting on the part of this House.

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


Thursday, 13 May, 1784.

The House met according to adjournment.

Read the Memorial of Jordan Lockhart, which was ordered to be referred to the second Committee of Propositions and Grievances.

Read the Memorial of John Hawkins and Mary Hunter, which referred to the second Committee of Propositions and Grievances.

Resolved, That the Bill for altering the names of Joshua Taylor, Moses Taylor, Aaron Taylor, Mark Taylor and William Taylor, &c., be read the first time in this House tomorrow.

Received from the Senate the Petition of John Camp. Endorsed, read and referred to the first Committee of Propositions and Grievances. Ordered that the said Petition lie on the Table for consideration.

Received from the Senate the Bill for erecting Public Buildings for the use of the State. Endorsed in Senate, 12 May, 1784, read the first time and passed. Ordered that this Bill be read the second time in this House on Saturday next.

Received from the Senate the resignation of John Norwood as Justice of the Peace for Franklin County, which being read was accepted.

Resolved, That Mr. Nash, Mr. Davie, Mr. Hooper, Mr. Hawkins, Mr. Maclaine, Mr. Bryan, & Mr. Person be a Committee to prepare the necessary amendments to be made in the Bill vesting a power in the United States in Congress Assembled, to levy a duty on foreign merchandize and report the same to the House tomorrow.

The Bill for dividing Cumberland County into two distinct Counties and for other purposes therein mentioned, was read the second time, amended, passed and sent to the Senate.

The Bill to authorize and impower Isaac Gregory, Esquire, formerly Sheriff of Pasquotank, now Pasquotank and Camden Counties, to collect the arrears of taxes due him from the Inhabitants of

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said Counties for the years 1769, 1770, 1771, 1772, and 1774, was read the first time, passed and sent to the Senate.

The Bill vesting certain powers therein mentioned in the United States in Congress Assembled, was read the first time, passed & sent to the Senate.

The Bill for ascertaining the Fees of the Pilots at Ocracoke, Beaufort and Bogue Inlets, and for appointing Commissioners of the Navigation for Bogue Inlet, was read the second time, amended, passed and sent to the Senate.

Mr. Cumming moved for leave and presented a supplemental Bill to an act, intitled “an act for proving Wills and granting Administration, and to prevent fraud in the management of Intestate Estates,” which was read for the information of the House and ordered to lie on the Table until Saturday next, and then to be read for the first reading in this House.

The Bill for the restraint of vagrants, was read the second time and rejected.

Resolved, That Mr. Bloodworth, Mr. Hooper, Mr. J. Blount, Mr. Starkey, Mr. Bond and Mr. Phifer be a Committee to prepare and bring in a Bill for the restraint of Idle, disorderly persons.

The Bill for extending the Navigation of Roanoke River was read the first time, passed and sent to the Senate.

Received from the Senate a Bill for the relief of such persons as have been disabled by wounds, or rendered incapable of procuring for themselves and families subsistance in the Militia service of this State, and providing for the widows and orphans of such as have died. Endorsed in Senate, 13 May, 1784, read the first time and passed.

Received from His Excellency the Governor, the following message:

To the Honorable the General Assembly: Gentlemen:

I am informed a Committee of the Assembly have agreed to recommend that the 12th section of the act for opening the land office, &c., so far as the same respects the great Island in Holston River, be repealed. I beg leave to lay before you the several Treaties late held with the Cherokees, wherein they have uniformly made a reservation of the right to that favourite spot of ground. If there appears

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to be a claim under the authority of the State for the said land—how far it may be good, is not my business to enquire, but thus much permit me to suggest if the said land should be granted to any person those Treaties are violated and rather the faith of the State should be broken, sacredly pledged to those savages in said Treaties, and in the said Act of Assembly, of which I have given them full information, a compensation would be much preferable to be given to the claimant or claimants of the said land, than the public peace should be embroiled about a private dispute of which, if the State hath in anywise been the cause it must have been occasioned through the installation of former Legislatures to the said Treaties.

As a Treaty is shortly to be held with this people for a cession of their claim to part of the Western lands, I request that the Executive be relieved from any embarrassment in this business, being confident, should the said section be repealed they will have very little faith in what may be promised and urged to them in future from any of the powers of Government in this State, as I shall not only falcify the assurances I have already given them on this subject, but the State of Virginia who hath interested herself in their behalf.

ALEX MARTIN.

Ordered that the said message and papers therein referred to be referred to the Committee to whom the State papers were referred.

The Bill to describe the lands to Major General Nathaniel Greene and to confirm the title thereof in the said Nathaniel Greene, his heirs and assigns, forever, was read the first time, passed and sent to the Senate.

Mr. Hooper moved for leave and presented a Bill for the promotion of learning in the District of Hillsborough, and to amend an Act for establishing an academy in the neighbourhood of Hillsborough, which was read for the information of the House and ordered to lie on the Table until Saturday next & then to be read for the first reading in this House.

Mr. Lytle moved for leave and presented a Bill to regulate the Town of Hillsborough, and to repeal all Laws now in force, which come within the perview hereof, which was read for the information of the House and ordered to lie on the Table until Saturday next, and then to be read for the first reading in this House.

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The Bill to alter the place of holding the County Court of Pasquotank County, from Windfield to the town of Nixonton, in the said County, and to erect a new Court House, Pillory and Stocks in the said Town, was read the second time, amended by consent of the Senate, passed and ordered to be engrossed.

The Bill for establishing a Court of Oyer and Terminer and General Gaol delivery in the County of Davidson, was read the first time, passed and ordered to be sent to the Senate.

Received from the Senate the Memorial of Jordan Lockhart and the Petition of John Hawkins & Mary Hunter. Endorsed, read and referred as by the House of Commons.

The Bill for authorizing the United States in Congress Assembled, to regulate the trade of this State with foreign Nations, was read the second time, amended by consent of the Senate, passed and ordered to be engrossed.

The Bill to impower Edward Winslow to receive storage for tobacco inspected and deposited in the warehouse by him built at Fayette Ville was read the first time, passed and sent to the Senate.

The Bill for levying a tax on the inhabitants of Montgomery County, for completing and paying for the public buildings thereof, was read the first time, passed and sent to the Senate.

Received from the Senate the following Bills, vizt.:

A Bill to authorize and impower Isaac Gregory, Esq., formerly Sheriff of Pasquotank, now Pasquotank and Camden Counties, to collect the arrears of taxes, &c.

A Bill vesting certain powers therein mentioned in the United States in Congress Assembled.

A Bill for levying a tax in the County of Beaufort for the purpose of repairing the public buildings thereof, &c.

A Bill for extending the navigation of Roanoke River, and

A Bill to vest the title of certain lands therein mentioned in William Gilbert Gray.

Ordered that these Bills be read on Saturday next, the latter for the first and four former for the second reading in this House.

Read the Memorial of Memucan Hunt, Treasurer of the District of Hillsborough, which was referred to the second Committee of Propositions and Grievances.

The Bill for appointing Commissioners to lay off and mark a Road

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from the Long Island of Holston to Green Lick on Duck River and to the French Lick on Cumberland, was read the first time, passed and sent to the Senate.

Received from the Senate the following Bills, vizt.:

A Bill to encourage Enoch Sawyer to make a Road through Pasquotank River Swamp, opposite his plantation.

A Bill for establishing a town on Cumberland River at a place called the Bluff, near the French Lick.

A Bill to amend an act passed at New Bern the first day of December, one thousand seven hundred and sixty-six, entitled “an act for establishing a School House in the town of New Bern.”

A Bill to amend an act, entitled “an act for establishing a Town on the land of William Herritage, at a place called Atkin’s Banks in Dobbs County.”

A Bill to prescribe the affirmation of allegiance and fidelity to this State, to be taken by the people called Quarkers, and for granting them certain indulgences therein mentioned.

Ordered that these Bills be read tomorrow for the third and last time in this House.

Received from the Senate the following Bills:

A Bill for levying a tax on the Inhabitants of Montgomery County for compleating and paying for the public buildings thereof.

A Bill to impower Edward Winslow to receive storage for Tobacco inspected and deposited in the warehouse by him built in Fayette Ville, and

A Bill for prescribing the mode of assessing all that tract of Country included within the Boundary line between this State and the Cherokee Indians, &c. Endorsed in Senate, 13 May, 1784, read the first time and passed.

Ordered that these Bills be read the second time in this House on Saturday next.

Received from the Senate the Petition of James Logan. Endorsed, read and referred to the first Committee of Propositions and Grievances. Ordered that the said Petition be referred to the said Committee on the part of this House.

Received from the Senate the Memorial of George Davidson. Endorsed, read and referred to Mr. Willie Jones & Mr. Murfree. The

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same being read was referred on the part of this House to Mr. Lock and Mr. Person.

Read the Petition of Thomas Davis, Public Printer. Ordered that the same be referred to a joint Committee; the members chosen on the part of this House are Mr. Person, Mr. Lock, Mr. Starkey, & Mr. Wilson.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We do not agree that the message from His Excellency the Governor, of this Day, addressed to the General Assembly, be referred of the Committee to whom was referred the State Papers, but propose that it be referred to the Committee to which was referred the Memorial of Mr. William Cocke.

Ordered that the folowing message be sent to the Senate:

Mr. Speaker and Gentlemen:

We agree that the message of this day from His Excellency the Governor, be referred as by you proposed.

Mr. Payne, from the Committee to whom was referred the Petition of Demsey Burgess, delivered in a report, which being read, Mr. Payne moved for leave and presented a Bill to impower Demsey Burgess, and others, to enter lands in the Dismal Swamp in Camden County in the manner therein prescribed, and to exempt the same from taxes for a limited time, which was read the first time, passed and sent to the Senate with the report above alluded to.

The Bill for dividing the election in the County of New Hanover, was read the first time, passed and sent to the Senate.

The Bill to encourage Enoch Ward, Spyers Singleton, Christopher Neale and Company to cut a Canal from Club Foot’s Creek to Harloe’s Creek was read the second time, passed and sent to the Senate.

The Bill for indemnifying the Commissioners of Confiscated Property from vexatious suits and prosecutions was read the first time, passed and sent to the Senate.

The Bill for repealing part of an act passed at Hillsborough in May, 1783, intitled “an act for opening the land office for the redemption

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of Specie and other Certificates, and discharging the arrears due to the Army, was read the first time, passed and sent to the Senate.

The Bill to vest the title of certain lands therein mentioned in William Gilbert Gray, was read the first time, passed and sent to the Senate.

Mr. Nash moved for leave to withdraw for amendment the Bill for clearing and opening the navigation of Trent River, &c. Ordered that he have leave accordingly.

The Bill for the relief of such persons as have been disabled by wounds, or rendered incapable for procuring for themselves and families subsistance, in the Militia service of this State, and providing for the widows and orphans of such as have died, was read the first time, passed and sent to the Senate.

The accounts of Anthony Newman were read and referred to the first Committee of Propositions and Grievances.

Received from the Senate the Bill for appointing certain persons therein named to revise all the laws now in force in this State. Endorsed in Senate, 13 May, 1784, read the first time, amended and passed.

Received from the Senate the Petitions of sundry of the inhabitants of the Counties of Dobbs and Wayne, relative to certain persons of evil fame by the name of Bass, &c. Endorsed in Senate, 13 May, 1784, read and referred to the first Committee of Propositions and Grievances, which being read were referred as by the Senate.

Mr. Maclaine moved for leave to withdraw for amendment the Bill to regulate the descent of real estates, &c. Ordered that he have leave accordingly.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We propose that a joint Committee be appointed to prepare and bring in a Bill for calling to account the several Commissioners of Confiscated Estates, &c., and for that purpose on our part have appointed Mr. Nash, Mr. Hooper, Mr. Lock, Mr. Butler, Mr. Davie, Mr. Sitgreaves, Mr. Person, Mr. Blount, Mr. W. Bryan, Mr. Wilson, Mr. B. Hawkins, Mr. Lenoir, and Mr. Maclaine a Committee.

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


Friday, 14 May, 1784.

The House met according to adjournment.

The Bill for appointing Commissioners in the District of Morgan for the purpose of erecting a Court House, prison and stocks in the County of Burke for the use of said District, and for levying a tax to complete the same, also for laying out and establishing a town in Burke County, was read the second time, amended, passed and sent to the Senate.

The Bill to impower the Inferior Court of Pleas and Quarter Sessions of the several Counties in this State, to order the laying out public Roads and establish and settle ferries and to appoint where Bridges shall be built, and to clear Inland Rivers and Creeks, was read the first time, passed and sent to the Senate.

The Bill to impower Arthur Brown, Esquire, late Sheriff of Bertie County, to collect the arrears for taxes due for the County in the year one thousand seven hundred and seventy-four, and one thousand seven hundred and seventy-five, was read the third time and passed.

The Bill for laying an additional tax on the Inhabitants of Nash County for the purpose of finishing the public buildings, was read the third time, passed and sent to the Senate.

Ordered that Mr. James Hinton have leave to absent himself from the service of this House for a few days.

Read the Petition of Robert Christmas which was referred to the second Committee of Propositions and Grievances.

Mr. Butler, from the Committee of Propositions and Grievances, reported as follows, vizt.:

That having taken under consideration the Petition of Mr. David Miller with his allegations and proof relative to William Gilbert, Esquire, they are of opinion that the said Gilbert has been guilty of sundry malpractices in the execution of his office as justice of the peace for the County of Rutherford, for which we are of opinion he ought to be suspended from the execution of his office until he shall exonerate himself therefrom, for which purpose he ought to be cited to appear at the next General Assembly.

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

Mr. Butler, from the Committee of Propositions and Grievances, reported as follows, vizt.:

That having read the Petition of Henry Irwin Toole, respecting the arrears due from the estate of Joseph Moore, late Sheriff of Edgecombe County, to the public, are of opinion that the Petition be rejected.

The House taking the said report into consideration, postponed considering the subject matter contained in the said Petition until the next Assembly.

Mr. Butler, from the Committee of Propositions and Grievances, reported as follows: That having read the Petition of Mary Galloway, widow of a deceased Soldier, setting forth her distressed situation, and also the recommendation from the County Court of Wayne in her favour, from which it appears she has a large distressed family without subsistance to support them, are of opinion that an allowance of fifteen pounds per annum, for three years, be paid her by the Treasurer of that District.

JOHN BUTLER, Ch.

The House taking the said report into consideration concurred therewith.

Mr. Butler, from the Committee of Propositions and Grievances, reported as follows on the Petition of Mary Moody, vizt.:

Read the Petition of Mary Moody for means of support and are of opinion that the said petition be rejected, conceiving that it would come more properly before the Jurisdiction of the County Court or County Wardens.

JOHN BUTLER, Ch.

The House taking the said report into consideration, came to the following resolution, vizt.:

On reading the report of the Committee of Propositions and Grievances, upon the Petition of Mary Moody, whereby the Committee have recommended that her Petition be rejected.

Resolved, That this report be rejected; that the Treasurers or either of them pay to the said Mary Moody the sum of fifty pounds out of any public monies they may now have in their hands to be

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applied towards the relief of herself and her children, as a reward for the spirited and extraordinary services of the husband of the said Mary in his lifetime rendered to this Country on a variety of occasions, and particularly at the battle of Guilford Court House in which he was engaged, he being then of the age of seventy years and upwards.

Received from the Senate the Memorial of James Kerr. Endorsed, referred to the Committee appointed to consider of Col. Davidson’s Petition,also the Memorial of David Miller. Endorsed, referred to the Committee appointed to take under consideration the Petition of Mr. Logan, which Memorials being read were referred by this House to the said Committees.

Received from the Senate the Bill to impower Demsey Burgess and others to enter Lands in the Dismal Swamp, in Camden County, in the manner therein prescribed, and to exempt the same from taxes, for a limited time. Endorsed, in Senate 13 May, 1784, read the first time and passed. Ordered that this Bill be read on Monday next for the second reading in this House.

Received from the Senate the Bill to carry into effect the report of a Committee (concurred with) in favor of sundry Petitioners, Inhabitants of Davidson County. Endorsed, in Senate 14 May, 1784, read the first time and passed. Ordered that this Bill be read on Monday next for the first reading in this House.

Mr. Maclaine, who had leave to withdraw for amendment the Bill to regulate the descent of Real Estates, &c., delivered in the said Bill at the Table.

Received from the Senate the following Bills, vizt.:

A Bill to describe the Lands granted to Major General Nathaniel Greene, and to confirm the title thereof in the said Nathaniel Greene, his heirs and assigns.

A Bill for the relief of such persons as have been disabled by wounds, or rendered incapable of procuring for themselves and families subsistance, in the Militia service of this State and providing for the widows and orphans of such as have died.

A Bill to vest the title of certain lands therein mentioned in William Gilbert Gray.

A Bill for establishing a Court of Oyer and Terminer and General

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Gaol delivery in the County of Davidson. Endorsed, in Senate 14 May, 1784, read the second time, amended and passed.

Ordered that these Bills be read the second time in this House.

Mr. Sitgreaves moved for leave and presented a Bill for establishing a Court of Chancery, which was read for the information of the House and ordered to lie on the Table until Tomorrow & then to be read for the first reading in this House.

Received from the Senate the following Bills, vizt.:

A Bill to vest in Nathaniel Allen and others certain Lands therein mentioned.

A Bill directing the appointment of Delegates agreeable to the recommendation of Congress.

A Bill to authorize Theophilus Evans to receive Toll at Rockfish Bridge, by him built in Bladen County. Endorsed, read the second time and ordered to be engrossed. Ordered that these Bills be read the third and last time in this House Tomorrow.

General Butler, from the Committee appointed to examine the message of His Excellency the Governor, together with the papers accompanying the same, and report what measures are necessary to be taken in consequence of the intelligence they convey, delivered in a report, which being read and amended was concurred with, except that part relative to George Alston. The report being amended to read as follows:

Your Committee recommend that a tax should be laid on all lands and on Polls, the lands to be classed in three classes, every County classing its land without any comparative idea of that of any other County, and the Court in each County of this State shall appoint three persons who, on Oath, shall receive the returns of the lands; and the persons so appointed to class the lands shall, from time to time, give notice to the Inhabitants of the respective Counties when and where they propose to attend, at which times the Inhabitants shall give in the quantity of their lands upon Oath to those persons appointed as aforesaid, who shall have authority to adminsiter the same, and shall examine all persons not proprietors, whom it may be necessary, on Oath, as to the Quality or situation of land and from them and their own knowledge class finally all the lands of the respective Counties.

And your Committee further recommend, that all Land of the First Class be valued at Twenty Shillings per acre, Land of the

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Second Class at ten shilings per acre, and the Third Class at two shillings per acre, and the persons appointed as aforesaid, shall, together with two others appointed by the said Court out of the Town, where there shall be any town in the said County, proceed to value the Lotts in the said Towns, together with the improvements thereon, according to the real value thereof, which two so appointed shall act in no matter except that of the town, and every white male from twenty-one years old and upwards, and every slave, between the ages of twelve and fifty to be valued at seventy-five pounds.

Recommend, that the Memorial of a Standing Committee of the people called Quakers be referred to the next General Assembly.

Ordered that the Petition of George Alston be recommitted to the said Committee to whom it was originally referred.

Received from the Senate the following Bills, vizt.:

A Bill for appointing the Commissioners for selling the Granaries in the Counties of Franklin and Warren and for repealing an act intitled “an act for selling the Lott No. 44 in Warrenton, whereon, the public granary now stands, and other purposes.

A Bill to authorize —— to collect the specific tax, which remains due from the Inhabitants of the County of Rowan for the year 1781. Endorsed, in Senate 14 May, 1784, read the first time and passed.

Ordered that these Bills be read for the first reading in this House tomorrow.

Received from the Senate the Petition of Joseph Cain, and the acct. of Doctor Pasteur. Endorsed, read and referred to the first Committee of Propositions and Grievances. The said Petition and account being read were referred, on the part of this House, to the said Committee.

The Bill to impower Edward Winslow to receive storage for Tobacco inspected and deposited in the warehouse, by him built at Fayette Ville, was read the second time, passed & sent to the Senate.

The Petition of Elizabeth Torence was read and referred to the first Committee of Propositions and Grievances.

Received from the Senate a Bill for altering the line between the Counties of Lincoln and Burke; and appointing Commissioners to fix on a convenient place in the said County of Lincoln to erect the public buildings of said County. Endorsed, in Senate 14 May,

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1784, read the first time and passed. Ordered that this Bill be read the first time in this House tomorrow.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The Senate appoint Mr. Coor, to act with the Gentlemen by you named to prepare a Bill for calling to account the Commissioners of Confiscated Estates, &c.

Received from the Senate the Resolve of this House allowing Mary Moody the sum of fifty pounds, concurred with.

Received from the Senate the Memorial of Memucan Hunt, the Petition of Robert Christmas, and the Petition and acct. of Anthony Newman. Respectively endorsed, in Senate, read and referred as by the Commons.

Received from the Senate the Report of the Committee of Propositions and Grievances, on the Petition of David Miller, on the Petition of Henry Irwin Toole, and on the Petition of Mary Gallaway, respectively concurred with.

Received from the Senate the Bill to impower the Inferior Court of Pleas and Quarter Sessions of the several Counties in this State to order the laying out public roads, and to establish and settle ferries, and to appoint where bridges shall be built, and to clear Inland Rivers and Creeks. Endorsed, in Senate 14 May, 1784, read the first time and passed. Ordered that this Bill be read the second time in this House on Monday next.

Received from the Senate the Petition of Elizabeth Torence. Endorsed, read and referred as by the Commons.

The additional Bill to an act intitled “an act directing the method of electing members of the General Assembly and other purposes,” was read the first time, amended, passed and sent to the Senate.

The Several Matters to this day referred, being postponed, the House adjourned till tomorrow 9 o’clock.


Saturday, 15 May, 1784.

The House met according to adjournment.

Resolved, That the Treasurers or either of them advance to the Clerks of the General Assembly the sum of twenty-nine pounds sixteen shillings out of any monies in their hands to defray the expense by them incurred in the purchase of stationery for the present

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session, and the Treasurer advancing the same shall be allowed therefor in the settlement of his accounts with the Public.

Resolved, That no Bill of a private nature shall be introduced into either House of the General Assembly after Tuesday next.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We appoint Mr. Davie, Mr. Nash, and Mr. Hawkins, with such Gentlemen of the Senate as may be appointed, a Committee to bring in an estimate of supplies necessary for the Civil List and incidental and Continental charges of the current year.

Mr. Starkey moved for leave and presented a Bill to encourage the settlement of foreigners in this State, which was read for the information of this House, and ordered to lie on the Table until Monday next & then read for the first reading in this House.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The Senate do not concur with the report of the Committee relative to the mode of taxing lands, as amended by the House of Commons, in that part which respects the valuing Lotts in the several Towns within this State, but proose that it remain as reported by the Committee; neither do they concur with that part of the report which is relative to the Petition of George Alston, but propose that it be deled; should you think proper to alter the report in this manner they will then concur with it.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House concur with the proposals of the Senate relative to the Report of a Committee on the subject of taxation, and Mr. Alston’s Petition, which by our agreeing to dele, will be placed in the same situation as if the Committee had not reported on it at all and so will stand recommitted.

Mr. Nash, who had leave to withdraw for amendment, the Bill for clearing and opening the navigation of Trent River, in Jones County, delivered in the same, which was read the second time and amended by consent of the Senate, passed and ordered to be engrossed.

Received from the Senate the Resolve for admitting the receipt

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of no private Bill in either House of the General Assembly after Tuesday next, concurred with.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

Mr. Coor and Mr. Willie Jones will act with the Gentlemen by you appointed to bring in an estimate of the supplies necessary for the Civil List, &c., the current year.

The Bill for levying a tax for paying the interest on the certificates granted to officers and soldiers of the Continental line of this State, pursuant to an act passed in 1783, intituled “an act 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 first time, passed & sent to the Senate.

The Bill for levying a further tax in the District of Halifax for repairing the Court House & Gaol of said District, was read the second time, passed and ordered to be engrossed.

The Bill for levying a tax on the Inhabitants of Montgomery County for completing and paying for the public buildings thereof, was read the second time, passed and sent to the Senate.

The Bill for altering the names of Joshua Taylor, Moses Taylor, Aaron Taylor, Mark Taylor and William Taylor to that of Joshua Sugg, Moses Sugg, Aaron Sugg, Mark Sugg and William Sugg was read the first time, passed and sent to the Senate.

Received from the Senate the Resolve directing the Treasurers, or either of them, to advance to the Clerks of the Assembly a certain sum of money to defray the expence of Stationery, concurred with.

Received from the Senate the Memorial of Robert Temples. Endorsed, read and referred to Mr. Lane, Mr. Murfree and Mr. Macon, which being read was referred to Mr. Blount and Mr. Lytle.

The Bill to amend an act passed at Hillsborough in the year 1783, entitled “an act for emitting one hundred thousand pounds for the year 1783, for the redemption of the Paper Currency now in circulation and advancing to the Continental officers and soldiers part of their pay and subsistance, and for laying a tax and appropriating the confiscated property for the redemption of the money now emitted,” and also an act passed at Halifax in the year 1779, intitled “an act for punishing persons concerned in any of the several species of

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counterfeiting in this State,” was read the second time, passed and sent to the Senate.

Received from the Senate the Bill to impower the several County Courts, respectively, to lay a tax for the purpose of erecting or repairing the Court House, prison and stocks in each County, when necessary and to appoint commissioners for those purposes; and,

The additional Bill to an act entitled “an act directing the method of electing members of the General Assembly and other purposes.” Endorsed, in Senate 15 May, 1784, read the first time and passed.

Ordered that these Bills be read on Monday next, the former for the first and the latter for the second time in this House.

The House resumed the consideration of the report of the Committee on the Petition of James Gillispie, when it was concurred with and returned to the Senate.

The Bill to impower Demsey Burgess and others to enter land in the Dismal Swamp in Camden County, in the manner therein prescribed, was read the second time and rejected.

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,” and,

The Bill for enfranchising Ned Griffin, late the property of William Griffin. Endorsed, in Senate 15 May, 1784, read the first time and passed.

Received from the Senate the Petition of a number of the Inhabitants of Rutherford County. Endorsed, 15 May, 1784, read and referred to Mr. Rutherford, Mr. Hunter, & Mr. Brown. Ordered that the said Petition be referred by this House to Mr. McKissick, Mr. Barringer, Mr. Phifer & Mr. Hawkins.

Read the Memorial of Richard Henderson which was referred to the Grand Committee. Received from the Senate the Petition of James Kerr. Endorsed, read and referred to the Committee to whom his other Petition was referred. Ordered that the said Petition be referred to the said Committee on the part of this House.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

This House appoint Mr. Coor, Mr. Irwin and Mr. Everagin a Committee to act with such of your members as you shall think proper to appoint to settle with Messrs. Jones, Montfort and McCullock,

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Commissioners appointed to liquidate the accts. of the officers and soldiers of the Continental line, and to receive from said Commissioners the accounts by them liquidated and the vouchers thereto relating.

Ordered that the following message be sent to the Senaate:

Mr. Speaker and Gentlemen:

We have appointed Mr. Davis, Mr. Bloodworth, Mr. Blount, & Mr. Lock to settle, in conjunction with the Gentlemen by you appointed, with Messrs. Jones, Montfort & McCullock and to receive their accts., &c.

The supplemental Bill to an act entitled “an act for proving of Wills and granting administration and to prevent frauds in the management of intestate estates,” was read the first time, passed and sent to the Senate.

Received from the Senate the report of the Committee to whom was referred the accots. of Dr. Hugh Boyd. Endorsed, in Senate, 15 May, 1784, read & concurred with. The said report being read was concurred with by this House.

Mr. Frohock moved for leave to withdraw Dr. Boyd’s accts. Ordered that he have leave accordingly.

Received from the Senate the Petition of James Guthery. Endorsed, read and referred to the first Committee of Propositions and Grievances. Ordered that the said Petition be referred to the said Committee, on the part of this House.

Received from the Senate the Petition of Adam Cooper. Endorsed, referred to the second Committee of Propositions and Grievances. Ordered that the said Petition be referred to the said Committee by this House.

Received from the Senate the Bill for dividing the election in the County of New Hanover. Endorsed, in Senate 15 May, 1784, read the first time and passed.

Ordered that this Bill be read the second time in this House on Tuesday next.

The Bill to amend an act entitled “an act for the regulation of the town of Wilmington,” was read the first time, passed and sent to the Senate.

-------------------- page 605 --------------------

Received from the Senate the Memorial of Richard Henderson. Endorsed, read and referred as by the Commons.

The Bill for regulating the pilotage and facilitating the navigation of Cape Fear River, was read the first time, passed and sent to the Senate.

Received from the Senate the Bill impowering the persons herein named to dispose of certain property belonging to the State for the redemption of paper money emitted by virtue of an act of the General Assembly, passed May 17th, Anno Dom. 1783. Endorsed, read the first time and passed.

Ordered that this Bill be read for the first time in this House on Monday next.

Received from the Senate the plot, &c., of the lands allotted to the officers and soldiers of the Continental line of this State. Endorsed, referred to Mr. Macon, Mr. Hill, Mr. Irwin and Mr. Murfree.

Orderedthat Mr. W. Blount, Mr. B. Hawkins, Mr. J. Blount, Mr. Person, & Mr. McCullock be a Committee, on the part of this House, for the purpose of examining the said plot.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

Mr. Smith, Mr. Jones and Mr. Coor will, on the part of this House, act with such Gentlemen as you may appoint to prepare and bring in a Bill prescribing the mode of levying taxes in this State conformably to the Report of the joint Committee of both Houses on that head.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We have appointed Mr. Nash, Mr. Hooper and Mr. Hawkins, to act with the Gentlemen by you appointed, as a Committee to prepare and bring in a Bill prescribing the mode of levying taxes, &c.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We propose that the letter from the Minister of France, with its inclosures respecting advances made to the Marquis de Britigney for this State from the Government of Martinique, be referred to a joint Committee, and have on our part for that purpose, appointed Mr. Blount, Mr. Hawkins and Dr. White.

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


Monday, 17 May, 1784.

The House met according to adjournment.

The House resumed the consideration of the report of the Committee on the Petition of Matthew Jones; whereupon it was ordered to be recommitted to the same Committee.

Ordered that the following message be sent to the Senate.

Mr. Speaker and Gentlemen:

We do not concur with the report of the Committee on Mr. Jones’ Petition, but propose that it be recommitted. We add to the Committee Mr. Person and Mr. Blount.

Received from His Excellency the Governor, the following message:

To the Honourable the General Assembly:

Gentlemen:

I beg leave to call your attention to sundry letters sent herewith received last night by Express from His Excellency, the President of Congress, and our Delegates; a Letter from the Financier and one from the Chairman of the Committee of Indian Affairs.

ALEX MARTIN.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We send herewith a message of this day from His Excellency the Governor, addressed to the General Assembly which, together with its inclosures, we propose referring to the Committee to whom was referred the other State papers, &c., except such papers as refer to the Debts contracted by the Marquis De Britigney at Martinique, and those to the Committee appointed on the Letter and its inclosures, respecting that Debt.

Read the Memorial of Thomas Clark, which was referred to a joint Committee; the members chosen by this House are Mr. Davie, Mr. Hawkins & Mr. W. Blount.

Received from the Senate the Bill for altering the names of Joshua Taylor, Moses Taylor, Aaron Taylor, Mark Taylor and William

-------------------- page 607 --------------------
Taylor to that of Joshua Sugg, Moses Sugg, Aaron Sugg, Mark Sugg, and William Sugg. Endorsed, read the second time and passed. And a supplemental Bill to an act entitled “an act for proving of Wills and granting administration and to prevent frauds in the management of Intestate Estates.” Endorsed, read the first time and passed.

Ordered that these Bills be read tomorrow.

Received from the Senate the Resolve for admitting no Bill, either of public or private nature, after Wednesday in either House of General Assembly; which being read was rejected. Whereupon,

Resolved, That no bill of a private nature shall be introduced into either of the Houses of this General Assembly after Wednesday next.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

Your Resolve respecting the non-admission of Bills after Wednesday, we do not concur with entirely, but purpose that the one herewith sent you be adopted in lieu thereof.

The Bill vesting a power in the United States in Congress Assembled to levy a duty on Foreign Merchandize for the use of the United States, was read the second time, amended, passed and sent to the Senate.

Received from the Senate a Bill to amend an act entitled “an act for the regulation of the town of Wilmington.”

A Bill for regulating the pilotage and facilitating the navigation of Cape Fear. Endorsed, read the first time and passed.

Ordered that these Bills be read tomorrow.

Resolved, That all reports of Committees and all Petitions hereafter to be presented to this House shall be offered and considered in the afternoon and not before.

Received from the Senate the acct. of John Williams. Endorsed, read and referred to the Committee of Claims and Depreciation. Ordered that the same on the part of this House, be referred to the said Committee.

Mr. Person, from the Committee to whom was referred the representation of William Boritz, delivered in a report, which being read was recommitted to a joint Committee; the members chosen by this House are Mr. Payne, Mr. Montfort, Mr. Winslow, Mr. Nash,

-------------------- page 608 --------------------
Mr. Maclaine, Mr. Sawyer, Mr. B. Hawkins, Mr. Humphries and Mr. Hooper.

Whereas, it appears that divers persons served as members of the General Assembly in May, 1782, hath received certificates for their services couched in such terms as hath hitherto prevented them from receiving any satisfaction for the same; Resolved, therefore, That the Treasurers, or either of them, or any tax gatherer be directed to pay the amount due on any such certificate out of the money arising from the tax for 1783, or any other money that may be in their hands for which they or either of them paying the same shall be allowed.

Received from the Senate a Bill for establishing a Militia in this State. Endorsed, read the first time and passed.

Received from the Senate the letter from the Minister of France with its enclosures, &c., together with the following Message:

Mr. Speaker and Gentlemen:

Mr. Smith and Mr. Grainger will act with the Gentlemen by you appointed to report on the letter from his Excellency, the Minister of France, and the papers by which it is accompanied.

Received from the Senate the Memorial of Thomas Clarke. Endorsed, read and referred as by the Commons.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The Senate agree that the message of this day from His Excellency, the Governor, & the papers accompanying it be referred as by you proposed.

Read the Memorial of Robert Rowan. Ordered that the same be referred to a joint Committee; the members chosen by this House are Mr. Barringer, Mr. Lewis, Mr. Moore, Mr. Emmet, Mr. Gallaway, Mr. Long, Mr. Wilson, Mr. Phifer and Mr. Person.

Read the Memorial of Robert Cochran. Ordered that the same be referred to the second Committee of Propositions and Grievances.

Received from the Senate the Bills of Exchange drawn on the Continental Treasury by John Ashe, Esq., formerly Treasurer in this State, in favour of Lt. Charles Stuart, now the property of Mr. John Geddy. Endorsed, read and referred to the Committee of Claims and Depreciation.

Ordered that the said Bills be referred to the said Committee by this House.

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Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We consent that the accounts of Mr. Matthew Jones be recommitted.

The Bill for the promotion of learning in the District of Hillsborough, and to amend an act for establishing an academy in the neighbourhood of Hillsborough, was read the first time, passed and sent to the Senate.

Received from the Senate a Bill to facilitate the navigation of Neuse River. Endorsed, in Senate 17 May, 1784, read the first time and passed.

The Bill to regulate the town of Hillsborough, and to repeal all Laws now in force which come within the purview hereof, was read the first time, passed and sent to the Senate.

The Bill for enfranchising Ned Griffin, late the property of William Griffin, was read the first time passed and sent to the Senate.

The Bill for appointing Commissioners for selling the Granaries in the Counties of Franklin and Warren, and for repealing an act entitled “an act for selling the Lott No. 44 in Warrenton, whereon the public granary now stands and other purposes,” was read the first time, passed and sent to the Senate.

The Bill for appointing a public printer and directing his duty in office was read the first time, passed and sent to the Senate.

The Petition of David Dodd and the Petition of Henry Jones was read and referred to the second Committee of Propositions and Grievances.

The Bill for establishing a Court of Chancery, was read the first time, passed and sent to the Senate.

The Bill to encourage the settlement of Foreigners in this State was read the first time, amended, passed & sent to the Senate.

The Bill to facilitate the Navigation of Neuse River was read the first time, passed and sent to the Senate.

The Bill to carry into effect the report of a Committee (concurred with) in favour of sundry Inhabitants of Davidson County, was read the first time, passed and sent to the Senate.

Ordered that Col. Long be added to the second Committee of Propositions and Grievances.

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Received from the Senate the accots. of Stephen Potts, the Petition of David Jackson, and the representation and Petition of the Executors of the late General Davidson. Endorsed, referred to the second Committee of Propositions and Grievances; which being read were referred as by the Senate.

Received from the Senate the Petition of David Dodd & the Petition of Henry Jones and the Memorial of Robert Cochran. Endorsed, read and referred as by the Commons.

Received from the Senate the Memorial of Robert Rowan. Endorsed, read and referred to General Rutherford, Mr. Moore, Mr. Griffin and Mr. Brown.

Received from the Senate the report of the Committee on the representation of William Boritz. Endorsed, read and referred to Mr. Willie Jones, Mr. Murfree and Mr. Everagin.

Received from the Senate the following Bills, vizt.:

A Bill for appointing a Public Printer and directing his duty in office.

Bill to regulate the town of Hillsborough, &c., and

A Bill for the promotion of learning in the District of Hillsborough, &c. Endorsed, in Senate 17 May, 1784, read the first time and passed.

Ordered that these Bills be read the second time in this House To-morrow.

Mr. Lenoir moved for leave to enter his reasons of dissent against that part of the Bill for erecting public buildings in the District of Morgan as relates to laying a tax of four pence on each hundred pounds of taxable property in the Counties of Wilkes, Rutherford and Lincoln to defray the expence thereof, which are as follows:

Firstly. Because the three Counties above mentioned have to lay a Tax to erect a Court House and Prison in each County, which we may reasonably suppose will not be less than one shilling and four pence on each hundred pounds of taxable property which together with the above four pence makes one shilling and eight pence. And in consequence of the District buildings above mentioned to serve for the public buildings for the County of Burke that County will only pay one shilling on the hundred pounds, for both County and District Buildings, and Wilkes, Rutherford, and Lincoln one shilling and eight pence on each hundred pounds.

-------------------- page 611 --------------------

Secondly. Because Burke, instead of paying less than the other Counties, ought to pay more, in consideration of the great advantages it will derive from having the Superior Court therein, &c.

Signed,
WILLIAM LENOIR,
JESSE FRANKLIN.

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


Tuesday, 18 May, 1784.

The House met according to adjournment.

Mr. Lenoir moved for leave and presented a Bill for the relief of persons who have suffered or may suffer by their grants, Deeds or Mesne Coveyances not being proved and registered within the time heretofore appointed by Law, which was read the first time, passed and sent to the Senate.

The Bill for establishing a Militia in this State was read the first time, passed and sent to the Senate.

Mr. Person moved for leave and presented a Bill to encourage Benjamin Smith to repair and compleat the Bridges and causeway through the great Island opposite Wilmington, which was read the first time passed and sent to the Senate.

Mr. Edmunds moved for leave and presented a Bill for repairing the public buildings in the County of Northampton and appointing Commissioners for that purpose; which was read the first time, passed and sent to the Senate.

Mr. Bloodworth moved for leave and presented a Bill for the relief of such persons who, for want of the extension of the several County lines have, through a mistake, entered their lands in a different county from that wherein they lie, by which means they are deprived of a legal title; which was read the first time, passed and sent to the Senate.

Mr. Mayo moved for leave and presented a Bill for extending the dividing lines between the Counties of Edgecombe and Martin, and the Counties of Martin and Pitt; which was read the first time, passed and sent to the Senate.

Mr. Frohock moved for leave and presented a Bill to authorize —— to collect the specific tax which remains due from the inhabitants of the County of Rowan for the year 1781; which was read the first time, passed and sent to the Senate.

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Received from the Senate the following Bills, vizt.:

A Bill for the relief of such persons, who for the want of the extension of the several county lines have, through mistake, entered their lands in a different County from that wherein they lie, &c.

A Bill for establishing a Court of Chancery.

A Bill for repairing the public buildings in the County of Northampton, &c.

A Bill for extending the dividing lines between the Counties of Edgecombe and Martin and the Counties of Martin and Pitt.

A Bill to authorize —— to collect the specific tax which remains due from the inhabitants of Rowan for the year 1781, &c.

A Bill for the relief of persons who have suffered or may suffer by their Grants, Deeds & Mesne Conveyances not being proved and registered within the time heretofore apointed by law.

A Bill for enfranchising Ned Griffin, late the property of William Griffin; and

A Bill to encourage Benjamin Smith to repair and compleat the Bridges and causeway through the Great Island opposite Wilmington. Endorsed, in Senate 18 May, 1784, read the first time and passed. Ordered that this Bill be read Monday next.

On reading for the second time the Bill ceding to the Congress of the United States certain Western Lands therein described, &c. It was proposed that the first enacting clause, so far as related to the bounds of the lands, should be amended, which was objected to. The bounds as they stood in the Bill were as follows: “West of the Apalachian or Alleghany mountains, beginning at the Virginia Line, where the said line intersects the extreme heights of the said mountain; thence with the said mountain to the thirty fifth degree of North latitude, being the Southern Boundary; thence running in the said thirty-fifth degree to the Mississippi; thence up the Mississippi; to Thirty-six Degrees and thirty Minutes of North Latitude, being the northern boundary of this State; thence to the first station.” This being objected to the previous question was put, shall the clause stand as it now is in the Bill, or receive any alteration? and carried in the negative. The yeas and nays being required by Mr. Michael Payne, are as follows, vizt.:

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Yeas—Messrs. Payne, Sawyer, Gray, B. Jones, Gillispie, Colvin, Sessums, McCullock, Mayo, Gist, Hooper, Butler, Harvey, Skinner, Thomas, Conner, Spruill, Archd. Maclaine, Cumming, Sitgreaves, Bloodworth, B. Hawkins, W. Blount, Shepperd, Smith, Moore, Brickell, Speed, Jackson, Starkey, Blount, Nash, Winslow, W. Bryan and Long.—35.

Nays:—Messrs. Ferebee, Flowers, Oliver, Leonard, Herritage, Clark, E. Roberson, White, Eborn, P. Hawkins, Sherod, Randal, W. Hill, Person, McDonald, Sloan, Moy, Jordan, Barringer, Robins, Alford, Carter, Lenoir, N. Jones, B. Sherrod, Franklin, Emmet, Montfort, C. Roberson, McKissick, Lewis, Auld, West, Shelton, Withrow, Lock, Phifer, Cage, Looney, Frohock, McDowell, Wilson, Humphries, Atkinson, Davie, E. McLean, Gallaway, Smithwick, and Bonds.—49.

So it was resolved.

Ordered that this Bill lie on the table until tomorrow.

Received from the Senate a Bill to amend an act entitled “an act to amend an act entitled an act for dividing Tryon County and other purposes.” Endorsed, read the first time and passed. Also

A Bill for appointing Commissioners for selling the granaries in the Counties of Fraklin and Warren and for repealing an act entitled “an act for selling the Lott No. 44 in Warrenton whereon the public Grainary now stands and other purposes.” Endorsed, 18 May, read the second time, amended and passed.

Received from the Senate the report of the Committee to whom was recommitted the Memorial of Richard Henderson and Company, which being read was rejected; whereupon the yeas and nays were required by Mr. Person.

Ordered that the report be entered on the Journal and the yeas and nays underneath the same.

The Committee to whom was recommitted the Memorial of Richard Henderson & Company beg leave to report:

That it appears to your Committee that of the lands surveyed for the said Richard Henderson & Company, in virtue of the act of the last session of Assembly, there is a very large proportion of Mountainous, barren land, altogether unfit for cultivation. That from the best information your Committee can obtain there are not more than fifty

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thousand acres in any way fit for cultivation, inclusive of a number of small parcels scattered among the spurs of the mountains; it is the opinion of your Committee that the lands contained in the said survey are not equal to the intentions of the last Assembly in favour of the said Richard Henderson and Company. They therefore resolve, that it be recommended to the General Assembly to make further provision for the said Richard Henderson and Company adequate to the intentions of the last General Assembly, and for that purpose they propose that the Assembly make a further grant of fifty thousand acres to the said Richard Henderson and Company and that they be permitted to take the same in any part of the Western Country, in tracts not less than ten thousand acres each, of the lands not already appropriated, which tracts shall be surveyed and bounded in such manner that the length of no Tract or Survey shall extend twice the breadth thereof and agreeable to the laws of this State.

SAML. JOHNSTON, Ch.

The yeas and nays on this report are as follows, vizt.:

Yeas:—Messrs. Lucas, Payne, Gillispie, E. Roberson, Eborn, Ramsour, McCullock, Hill Hooper, B. Hawkins, Butler, Harvey, Skinner, Conner, Reddick, A. Maclaine, Cumming, Emmett, Bloodworth, Lytle, W. Blount, Brickell, Starkey, I. Blount, Frohock, Winslow & Gallaway.—27.

Nays—Messrs. Flowers, Leonard, Clark, Colvin, White, Sessums, P. Hawkins, Randal, Mayo, Person, McDonald, Gist, Sloan, Kendal, Edmunds, Pickett, Moy, Jordan, Barringer, Robins, Spruill, Lenoir, B. Jones, B. Sherrod, Franklin, C. Roberson, Bonds, McKissick, Speed, Lewis, Singleton, Shelton, Withrow, Lock, Phifer, W. Bryan, McDowall, Wilson, Humphries, Atkinson, and E. McLean.—41.

Received from the Senate the report of the Committee appointed to receive the old paper currency and certificates, which being read was concurred with (except the last clause thereof which related to the destroying of the certificates) and that part was rejected.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We do not concur with the last part of the report of the Committee appointed to receive the old State Currency, respecting the burning of such specie and other certificates now in the hands of the Comptroller

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as are not necessary to be examined as vouchers in the accounts of this State with the United States, but propose that this part of the report be recommitted, and that the Committee report what is proper to be done with those certificates. We have added to the Committee Mr. Person & Mr. Bryan. As to the foregoing part of the report we concur therewith.

Read the Petition of William King of Duplin County; ordered that the same be referred to the second Committee of Propositions and Grievances.

Received from the Senate the Memorial of Joseph Winston. Endorsed, read and referred to the Committee appointed to consider of Col. Rowan’s Petition, which being read was referred as by the Senate.

Received from the Senate a Resolve for paying certain certificates heretofore issued to the members of the General Assembly and at present remaining unpaid; which being read, was concurred with.

Received from the Senate the following Bills, vizt.:

A Bill to impower the Commissioner therein mentioned to repair the public buildings in the town of Hillsborough.

A Bill to encourage the subjects of foreign states to lend money at Interest on real Estate within this State.

A Bill to repeal the several acts of the General Assembly appointing District Auditors and directing their duty in office.

A Bill to empower the executors of John Bowman, decd., to pay into the Treasury such sums of money as he received from the public as sheriff of Burke County, without depreciation; and

A Bill to amend an act to vest certain lands in Richard Henderson and others, and to grant a further compensation to the said persons. Endorsed, in Senate 18 May, 1784, read the first time and passed.

Ordered that the Bill to encourage Benjamin Smith to repair and compleat the bridges and causeways through the great Island opposite to Wilmington, be read the second time to-morrow.

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


Wednesday, 19 May, 1784.

The House met according to adjournment.

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Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We propose that the claim of Col. Joseph Leech against the public, as late Commissary of Prisoners for this State, be reported on by a Committee, and for that purpose appoint on the part of this House Col. Murfree, Mr. Irwin, Mr. Macon, and Mr. Grainger a Committee.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We have appointed Mr. Winslow, Mr. Long, Mr. Starkey, Mr. Hawkins and Mr. Bryan to report, with the Gentlemen by you appointed, on the claims of Col. Leech.

Mr. Singleton moved for leave and presented a Bill for extending the dividing line between the Counties of Burke and Rutherford, which was read the first time, passed and sent to the Senate.

Mr. Sitgreaves moved for leave and presented a Bill to empower the Entry Takers of the Several Counties in this State to issue warrants for lands heretofore entered, and for which warrants have not been granted, which was read the first time, passed and sent to the Senate.

Mr. P. Hawkins moved for leave and presented a Bill to repeal and amend certain acts therein mentioned, which was read the first time, passed and sent to the Senate.

Mr. Benjamin Sherrod moved for leave and presented a Bill to postpone the erecting of the public buildings in Wayne County; which was read the first time and rejected

Mr. Person moved for leave and presented a Bill to direct Sheriffs in levying Executions and disposal of land, goods and chattels taken thereon, which was read the first time, passed and sent to the Senate.

The Bill to impower the several County Courts, respectively, to lay a tax for the purpose of erecting and repairing the Court House, prison and stocks in each County, where necessary, and to appoint Commissioners for those purposes, was read the first time, passed and sent to the Senate.

The Bill vesting certain powers therein described in the United States in Congress Assembled, was read the second time, passed and sent to the Senate.

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The Bill to regulate the descent of real Estates. To do away Entails. To make provision for Widows, and to prevent frauds in the execution of last Wills and Testaments, were read the first time, passed and sent to the Senate.

Resolved, that every member of this House who shall hereafter be sent for during this Session, by a waiter with a list of names, shall immediately after his entering the door of this House, pay to such waiter two shillings for his trouble in attending him or be subject to the censure of the House.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

For the expedition of business this House have come to a determination that they will not sit before Monday next but between the hours of nine in the morning and three in the afternoon, alloting the residue of the day for the business of the Committees and have directed them to make their reports by that day.

Received from the Senate the following Bills, vizt.:

A Bill for extending the dividing line between the Counties of Burke and Rutherford.

A Bill to regulate the descent of real Estates. To do away entails. To make provision for widows and prevent frauds in the Execution of last Wills and Testaments. Endorsed, read the first time and passed.

A Bill to facilitate the navigation of Neuse River.

A Bill for establishing a Militia in this State; and

A Bill for the relief of sundry of the inhabitants of Davidson County whose names are therein mentioned. Endorsed, read the second time, amended and passed.

Ordered that these Bills be read on Friday next.

Received from the Senate the Resolve allowing William Kersey an annuity of ten pounds for two years, which being read was concurred with.

Mr. Person, from the Committee to whom was referred the Petition of Patrick Saint Lawrence, reported as follows, vizt.:

Your Committee having taken the same into consideration find the Petition as stated to be true; thereupon they recommend that the Governor be directed to deliver to the Petitioner his bond, and that the Superintendent be directed to pay to the Petitioner Three

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hundred and twenty-two pounds, seven shillings and eight pence in specie certificates. Also one hundred and sixty-two pounds in certificates of Members of the Assembly and that he reserve in his hands the sum of fifty-eight pounds and one shilling and eight pence of the members’ certificates, regard being had to the payments already made and House rent by him received; this being the ballance due for House rent, and that the contract be dissolved and the property remain in the State as if the Contract had never been made.

THOMAS PERSON, Ch.

The House taking the said report into consideration concurred therewith.

The Bill for altering the names of Joshua Taylor, Moses Taylor, Aaron Taylor, Mark Taylor and William Taylor, to that of Joshua Sugg, Moses Sugg, Aaron Sugg, Mark Sugg and William Sugg, was read the second time, passed and ordered to be engrossed.

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


Thursday, 20th May, 1784.

The House met according to adjournment.

Mr. Starkey, from the Committee to whom was referred the Petition of Mr. William Cocke, reported as follows, vizt.:

That the facts set forth in Mr. Coor’s Petition are so fully supported that nothing has apeared to your Committee sufficient to induce them to alter their report.

EDWD. STARKEY, Ch.

The House taking the same under consideration concurred therewith.

The Petition of Michael Hearn was read and referred to the second Committee of Propositions and Grievances.

Ordered that Mr. Enoch Sawyer have leave to abesent himself from the service of the House during the session.

Received from His Excellency the Governor, the following message:

To the Honourable the General Assembly: Gentlemen:

This State is much indebted to the humanity of Mr. Simmons, a

-------------------- page 619 --------------------
Merchant of Charles Town, for furnishing necesary supplies to our Continental Officers and Soldiers when in Captivity with the late enemy at that place, and no satisfaction hath been yet made him. His letter herewith on that subject I beg leave to lay before you which will fully explain the nature of his demand.

ALEX MARTIN.

Ordered that this message and the letter therein referred to, be referred to the Committee to whom was referred the Memorial of Col. Thomas Clark.

Mr. Person, from the Committee to whom was referred the Memorials of James Kerr, reported as follows, vizt.:

That having taken under consideration the first Memorial of James Kerr setting forth that he, from the necessity of the times, was forced to borrow salt and sundry other articles on his own credit for the use of the army, report, That Lieutenant Anthony Sharpe was appointed Commissioner of the County of Rowan in December, 1780, or about that time; whereupon Alexander Martin, Esq., then president of the Board of War gave Mr. Sharpe two warrants dated Dec. 9, 1780, on the Commissioners of Trade for two hundred and fifty bushels of salt each, but the Court of Rowan thinking the appoitment of Mr. Rowan improper superseded him by appointing Mr. Kerr Commissioner for the said County, in his stead, whereupon Mr. Sharpe delivered to Mr. Kerr the aforementioned warrants. Under these circumstances it appears to your Committee that he did not err in borrowing the salt instead of impressing it, as he had a fair prospect of being soon able to repay it out of the public salt; however Mr. Kerr did not get the five hundred bushels of salt above mentioned or any part of it, so that he could not comply with his contract; your Committee are therefore of the opinion that Mr. Kerr be allowed the sum of sixty-four pounds for the purpose of paying James Patterson, and William Young for sixteen bushels of salt borrowed of them for the public use, and also the sum of sixty-four pounds for the purpose of paying John Work for ten bushels, at six pounds eight shillings per bushel, borrowed for the public use; with respect to the beef borrowed of James Byers, vizt.: Two thou- and four hundred pounds, and three hundred and thirty-three pounds of Tallow borrowed of David Nisbett, all for the use of the

-------------------- page 620 --------------------
public, your Committee are of opinion that Mr. Kerr be directed to issue specie certificates to them, respectively, for the said articles at Congress prices.

Your Committee having likewise taken into consideration the second Memorial of Mr. Kerr find that he and his assistants, instead of collecting the specific tax in the articles directed by law had, in many instances, in lieu of such specifies, taken up from the inhabitants of the said County of Rowan receipts, which had been given to them by marching parties of troops, as well Militia and Regulars; that several vouchers adduced to support Mr. Kerr’s accounts of issues are given by the persons who drew from the public stores, in the names of the men who delivered the articles, without specifying that the issues were made in behalf of the said Kerr.

Your Committee are therefore of opinion that Mr. Kerr’s conduct was irregular but as they have no reason to suspect him of dishonesty, and as it would be extremely difficult for Mr. Kerr to redress himself by recurring to the persons whose receipts he has taken up, or to persons whose receipts are adduced to support his accounts of issues, your Committee report that the Comptroller be directed to allow the said Kerr in the settlement of his accounts for the receipts above mentioned, provided the said receipts do not exceed the amount of the specific tax and the account of purchases.

THOMAS PERSON, Ch.

The House taking the said report into consideration concurred therewith.

Mr. Person from the Committee appointed to take under consideration the Memorial of George Davidson, Commissary of Hides and Superintendent of the Shoe and Boot Factory in the district of Salisbury, reported as follows, vizt.:

That from the best information they can obtain it appears that Mr. Davidson is not entitled to pay as Commissary of Hides, the usual allowance in such cases being one half of the hides for tanning the other half which proposition he drew.

For his trouble in superintending the Shoe and Boot Factory your Committee propose that the Comptroller be directed to allow Mr. Davidson in settlement Twenty Dollars per month, computing from

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the 14th December, 1780, (the date of General Greene’s letter to him on the subject) to the —— March, 1782, which amounts to one hundred and twenty pounds, and for the rent of the Houses and providing firewood for the shoemakers during that period, agreeable to an appraisement on Oath made by Lambert Clayton and Wiliam Falls, one hundred and sixty pounds, and sixteen pounds two shillings for wax and thread purchased by said Davidson, to make up shoes and boots, amounting in the whole to two hundred and ninety-six pounds two shillings, and to issues indented certificates to him for the two first sums, amounting to two hundred and eighty pounds; for the last sum it was cash actually advanced by Mr. Davidson. Your Committee recommend that a resolution pass in his favour for sixteen pounds two shillings, to be paid by any one of the Treasurers out of the monies arising from the tax for the year 1783, and that the Comptroller debit the same in Mr. Davidson’s settlement.

THOMAS PERSON, Ch.

The House taking the said report into consideration concurred therewith.

Whereupon, Resolved, That the Treasurers, or either of them, pay Mr. George Davidson the sum of sixteen pounds two shillings out of the monies arising from the tax for the year 1783, for like sum by him expended & paid in the purchase of materials, &c., for the shoe and boot factory in the District of Salisbury, and the Treasurer paying the same shall be allowed therefor.

On the reading of the Bill, ceding to the Congress of the United States certain Western lands therein described, &c., it was moved and seconded that the Billl should be amended by inserting the following as the bounds of the lands to be ceded, vizt.: “West of the Apalachian or Alleghany Mountains, beginning at the Virginia line, where the said line intersects the extreme height of the said mountain; thence with the said Mountains to the thirty-fifth degree of north Latitude, being the southern boundary; thence running in the said thirty-fifth degree to the Mississippi; thence up the Mississippi to thirty-six degrees and thirty minutes of North latitude, being the northern boundary of this State; thence to the first station.” This being objected to the

-------------------- page 622 --------------------
question was put and carried in the affirmative. The yeas and nays being required by Mr. Emmett are as follows, vizt.:

Yeas—Messrs. Ferebee, Oliver, Stone, Herritage, Sawyer, Gray, B. Jones, Gillispie, Colvin, Sessums, Eborn, McCullock, Mayo, Gist, Hooper, Edmunds, Butler, Moy, Harvey, Skinner, Thomas, Conner, Riddick, Spruill, A. Maclaine, Cumming, N. Jones, Sitgreaves, Bloodworth, Little, B. Hawkins, W. Blount, Shepard, Smith, Moody, Brickell, Auld, Jackson, West, Starkey, J. Blount, Lenoir, A. Bryan, Humphries, Nash, W. Bryan and Long.—47.

Nays—Messrs. Flowers, Leonard, Clark, E. Robertson, White, P. Hawkins, T. Sherrod, Ransom, Randal, Person, Sloan, Kendal, Pickett, Jordan, Barringer, Robins, Alford, Carter, Lenoir, B. Sherrod, Franklin, Emmett, Montfort, C. Robertson, J. Hinton, Bonds, McKissick, Speed, Lewis, Singleton, Shelton, Withrow, Lock, Phifer, Cage, Frohock, McDowall, Wilson, Atkinson, Davie, E. McLean, Gallaway, Smithwick and Cain.—44.

So it was resolved.

The Bill ceding to the Congress of the United States certain Western lands therein described and authorizing the delegates from this State in Congress to execute a Deed or deeds for the same being read and amended the second time, was passed and sent to the Senate.

Received from the Senate the Bill to impower the Entry takers of the several Counties in the State to issue warrants for lands heretofore granted and for which warrants have not been granted. Endorsed, 19 May, 1784, read the first time, amended and passed.

A Bill to impower the several County Courts in this State to lay a Tax annually for the purpose of erecting and repairing the Court House, Prison and Stocks. Endorsed, 20 May, 1784, read the second time, amended and passed.

Received from the Senate the Message from His Excellency the Governor, the Petition of William King, the Petition of Michael Hearn. Respectively endorsed, read and referred as by the House of Commons. Received also, at the same time, the report of the Committee on the Memorial of Patrick Saint Lawrence and the report on the Petition of William Cocke, concurred with.

Received from the Senate the representation of Baker and Blow. Endorsed, read and referred to the first Committee of Propositions

-------------------- page 623 --------------------
and Grievances. Also the Memorial of William Moore. Endorsed, read and referred to the second Committee of Propositions and Grievances. The said representation and Memorial being read were referred as by the Senate.

Received from the Senate the following messages, vizt.:

Mr. Speaker and Gentlemen:

We concur with your proposition relative to recommitting part of the report of the Committee appointed to receive and burn the old Currency.

Mr. Speaker and Gentlemen:

The Senate coincide with your opinion, that the General Assembly proceed on the business of Legislation only between the hours of nine and three in each day, until Monday next, and that the several Committees be directed to report by that day.

Mr. Speaker and Gentlemen:

We propose that the General Assembly ballot at four o’clock in the afternoon on Saturday next for the place where the next Assembly shall be held, and put in nomination the towns of New Bern, Hillsborough and Salisbury.

For the Delegates yet to be made choice of and nominate Adlai Osborn, Benjamin Smith, William Cumming, and Edward Starkey, Esquires.

For Treasurer of the respective Districts, and nominate the Gentlemen who at present fill those appointments except as to the District of Salisbury in which we nominate as Treasurer Mr. William ——. We propose that the time when the next Assembly shall be held be likewise ballotted for and nominate the second Monday in September next.

Should you accede to this measure Mr. Coor and Mr. Macon will on the part of this House superintend and conduct the business.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We concur with your proposal to ballot for the time and place of helding the next Assembly; for the Delegate yet to be made choice of and fro the Treasurers of the respective districts. For the place of holding the next Assembly, we put in nomination Fayetteville, Tarborough, Smithfield, Abernathie’s in Wake County and Halifax;

-------------------- page 624 --------------------
for the time of holding the next Assembly, the first Monday in November and the first Monday in January next, for Treasurer for the District of Morgan, Wiliam Lenoir, Esquire; for a Treasurer for the District of Salisbury, Spruce McKay, Esquire. We have not added any one to the nomination you made for a Delegate. We nominate for Treasurer the same as nominated by the Senate, with the addition to the Districts of Morgan and Salisbury.

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


Friday, 21 May, 1784.

The House met according to adjournment.

Mr. Bloodworth moved for leave and presented a Bill for the restraint of idle and disorderly persons, which was read the first time, amended, passed and sent to the Senate.

Mr. W. Bryan moved for leave and presented a Bill to prevent certain persons therein named described or named from returning or coming into this State, which was read for information, and then for the first reading, when it was passed for the first time and sent to the Senate.

Ordered that the Bill for establishing a Court of Chancery be read to-morrow for the second reading in this House.

Mr. B. Hawkins moved for leave and presented a Bill investing the United States in Congress Assembled with a power to levy a Tax for the Purposes therein mentioned which was read for information, and then for the first reading, was passed and sent to the Senate.

Received from the Senate a Bill for repealing part of an act passed at Hillsborough in May, 1783, intitled “an act for opening the Land office, for the redemption of Specie and other certificates, and discharging the arrears due to the army.” Endorsed, read the second time and passed.

Received from the Senate the report of the Committee on the Petition of James Kerr, and the report on the Memorial of George Davidson, and also the resolve of this House in favour of the said George Davidson, respectively concured with.

Ordered that Mr. McDowell have leave to absent himself from the service of this House after to-morrow, Mr. Winslow after Monday next, Mr. Withrow after Saturday and Mr. John Blount after Sunday.

-------------------- page 625 --------------------

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We propose that the mode adopted by both Houses of the General Assembly on Wednesday last, with respect to the sitting of the two Houses, be rescinded.

Mr. Phil. Hawkins from the Committee to whom was referred the Petition of Mr. William M—— the Commissioner of Hillsborough District, reported as follows, vizt.:

That it is the opinion of your Committee that the Treasurers be directed to receive from the said Commissioner of Confiscated property the Specie certificates, as well as others that are now in his hands, as we suppose it to be the intention of the Legislature at the time the law passed. And your Committee are of opinion, that the lands referred to in the said Petition, as the purchasers have not complied with their contracts, be taken under the consideration of the Assembly. Your Committee being also informed by the said Petition that there is a negro, the property of the State in the hands of Stephen Moore, of Caswell County, and recommend that the said negro be immediately brought by the Sheriff of Caswell County and sold at public sale, at Hillsborough, on the 29th Instant, —— specie certificates. All which is submitted.

PHIL. HAWKINS, Ch.

The House taking the said report into consideration concurred therewith.

Received from the Senate the Bill for the restraint of idle and disorderly persons. Endorsed, 21 May, 1784, read the first time and passed.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We propose balloting at 4 o’clock to-morrow evening for collectors of the Imposts; for Collector for Port Beaufort we put in nomination John Daves; for Brunswick, James Reed, Timothy Bloodworth, Samuel Ashe, Jun., Jacob Lennard, George Doherty, James Porterfield, Joseph Montfort, & John Bradley; Bath, Nathan Keaise; Roanoke, the Honl. Thomas Benbury, Joseph Blount, and Charles Johnston; Currituck, James Phillips.

-------------------- page 626 --------------------

We add to the nomination of Delegates Mr. Stephen Moore, of Caswell County.

Mr. Lenoir has withdrawn his name from the nomination for a Treasurer of Morgan District.

Read the Petition of James Britain. Ordered that it be sent to the Senate.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We consent to your proposition relative to balloting for Collectors of the Imposts. We do not add to the nomination by you made.

We likewise consent that the resolution of the General Assembly of Wednesday last, as to the time of their sitting to do business, berescinded.

It is the opinion of this House that the report of the Committee on the Memorial of Col. William Moore be recommitted, as we do not think it sufficiently explicit with regard to the Certificates now in his hands belonging to the public.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We agree that the report of the Committee on the Memorial of William Moore be recommitted.

Mr. Phil. Hawkins, from the Committee to whom was referred the Petition of Henry Jones, reported as follows, vizt.:

That it is the opinion of your Committee that the Treasurer of Wilmington District pay into the hands of Mr. Gillispie the sum of ten pounds, to be applied immediately to the relief of the said Henry Jones. All which is submitted.

PHIL. HAWKINS, Ch.

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

Resolved, That the Treasurer of Wilmington District pay into the hands of Mr. Gillispie the sum of ten pounds for the relief of Henry Jones, for which he shall be allowed.

Received from the Senate the report of the Committee on the proceedings and return of the Commissioners appointed to run and ascertain the boundary line of the Land reserved by Act of Assembly for the Continental line of this State. Endorsed, read and concurred

-------------------- page 627 --------------------
with. The second report, &c., being read was ordered to be recommitted.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We do not concur with the report of the Committee to whom was referred the consideration of the proceedings and return of the Commissioners appointed to run and ascertain the boundary line of the lands reserved by Act of Assembly for the Continental line of this State, but propose that it be recommitted; we have added to the Committee Mr. Archd. Maclaine, Mr. MacDowall, and Mr. Wilson, and further propose that this Committee take under Consideration the claim of Mr. Elijah Robertson, who served as Commissary to the Commissioners and the guard that escaped them, as we conceive his services merit an allowance.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House propose balloting to-morrow evening at four o’clock for three Delegates to represent this State in Congress for the next year, commencing on the first of November next instead of the Second as by you proposed.

The recommendation of Congress (the other Day received) that each State should always be represented in Congress by three members, at least, has induced us to make this proposal.

We put in nomination Mr. McKenzie for Delegate.

The Bill for altering the line between the Counties of Lincoln and Burke, &c., was read the first time, passed and sent to the Senate.

The Bill for the promotion of learning in the District of Hillsborough and to amend an Act for establishing an Academy in the neighbourhood of Hillsborough, was read the second time, amended, passed and sent to the Senate.

General Butler, from the Committee of Propositions and Grievances, reported as follows, vizt.:

That having read the Petition of a number of the Inhabitants of Wayne, Duplin, and Dobbs Counties, and a number of affidavits, with the Copy of the Bill of Indictment found in the Superior Court

-------------------- page 628 --------------------
of New Bern District, against Rice Bass, John Bass, Hermon Bass, William Roberts, Thomas Dean, Jun., and Daniel Miller, by which it appears that they have been guilty of sundry murders and robberies in the year one thousand seven hundred and eighty one, and that they still lie out and commit depredations on the inhabitants.

Resolved, That it be recommended, that an Act of outlawry should pass against the said Rice Bass, John Bass, Hermon Bass, William Roberts, Thomas Dean, Jun., and Daniel Miller offering a reward of fifty pounds each for apprehending and bringing to justice the aforesaid persons or killing them in case of resistance.

JOHN BUTLER, Ch.

The House taking the said report into consideration concurred therewith.

General Butler, from the Committee of Proprositions and Grievances, reported as follows by the Memorial of David Miller, vizt.

Read the Memorial of David Miller, and examined witnesses relative thereto, whereby it appears that the said Miller, as Entry Officer for the County of Rutherford in the district of Morgan, did on the third day of April, one thousand seven hundred and eighty, apply to William Ca——?, the then Treasurer of Salisbury District for the settlement of his accounts, and did offer said Treasurer certificates for Claims which had been allowed the said Miller by the General Assembly held at Newbern prior to that date, which the said Treasurer did refuse to receive in settlement of the Accounts.

Resolved, That it be recommended that the Treasurer of Morgan District receive the certificates aforesaid in the settlement of said Miller’s Accounts, without Depreciation, they having been tendered before the scale of depreciation was fixed and at the proper time appointed by Law for the settlement of such accounts.

JOHN BUTLER.

The House taking the said report into consideration concurred therewith.

General Butler, from the Committee of Propositions and Grievances, delivered in a report on the Petition of James Logan, which being read was rejected.

General Butler, from the Committee of Propositions and Grievances,

-------------------- page 629 --------------------
Reported as follows on the account of James Mebane, Esquire, Sheriff of Orange, vizt.:

That having considered the account of James Mebane, Sheriff of Orange County, are of the opinion that he be allowed the sum of seventy pounds for executing fourteen criminals and the sum of seventeen pounds money paid by him for smith-work, and five pounds ten shillings for removing a prisoner from Hillsborough to Halifax, and two pounds ten shillings for removing a prisoner from Hillsborough to Guilford, amounting in whole to ninety-five pounds fifteen shillings, to be allowed him in settlement of his account with the Treasurer.

JOHN BUTLER, Ch.

The House taking the said report into consideration concurred therewith.

General Butler, from the Committee of Propositions and Grievances, reported as follows on the Petition of James Withrow, Esquire, vizt.:

Having read the Petition of James Withrow, Esquire, it appears to your Committee that the said Withrow, at the request of Governor Caswell, in the years one thousand seven hundred and seventy-nine did advance a certain sum of money for the purpose of paying the Soldiers Bounty which, by the Scale of Depreciation with interest, amounts to the sum of twenty-three pounds eleven shillings, which ought to be paid him by the Treasurer of the District where he resides. It appears also that the said Withrow having served a Tower of duty in the Militia has not received any part of the bounty for the same, are of the opinion that the auditors allow him for the same.

JOHN BUTLER, Ch.

The House taking the same into consideration concurred therewith.

General Butler, from the Committee of Propositions and Grievances, Reported as follows on the Petition of William Elliott.

That having read the Petition of William Elliott, with his account, are of opinion that it be rejected for want of vouchers.

JOHN BUTLER, Ch.
-------------------- page 630 --------------------

The House taking the said report into consideration concurred therewith.

General Butler, from the Committee of Propositions and Grievances, Reported as follows on the Petition of Peter Terry, vizt.:

Read the Petition of Peter Terry, with his own Exposition, from which it appears that the said Terry did board Captain Richard Murfrey, a British prisoner, Ten months, and has never received any satisfaction for the same, are of opinion that the Auditors be directed to allow him the sum of eight pounds for the same.

JOHN BUTLER, Ch.

The House taking the said report into consideration concurred therewith.

General Butler, from the Committee appointed to take under consideration the Message of His Excellency the Governor, together with the papers accompanying the same, Reported as follows, vizt.:

That whereas, The Congress of the United States, by their Circular Letter from Annapolis dated April 1, 1782, having recommended as follows:

“When the Army were furloughed they had the promise of three months pay, and as there was not money in the Treasury the Superintendent of Finance was under the necessity of issuing his notes to discharge this and other demands; The notes becoming due part of them were redeemed with money supplied in the several States, but this being inadequate the Financier drew bills on Holland for the deficiency. A considerable proportion of these drafts have been paid by loans obtained there on the credit of the United States, but the letters from our banks to the Superintendent of Finance inform that he has been under the necessity, for the want of funds, to suffer so many of his Bills to be protested for non-acceptance as with the damages on protest in case of non-payment will amount to the sum of six hundred and thirty-six thousand dollars.

“We expect the return of these Bills under a protest for non-payment, and should there not be money in the Treasury of the United States to discharge them, your Excellency may easily conceive the deplorable consequences. Under which circumstances Congress think it their duty to communicate the matters confidentially to the Supreme Executive of each State, and to request in the most pressing terms their influence and exertion to furnish, with all possible dispatch,

-------------------- page 631 --------------------
on requisitions satisfactory their respective quotas of the sums mentioned, according to the appointment herewith transmitted.”

Your Committee do therefore recommend to the Assembly that ways and means be devised for raising, as soon as it may be deemed consistent with the circumstances of the State, the sum of forty-six thousand two hundred and eighteen dollars it being the proportionable part of this State.

Recommend, That Richard Henderson be allowed the sum of two hundred and forty-three pounds six shillings and eight pence for his services as Commissioner in the year 1780, for extending the boundary line between this State and Virginia, and that the Treasurer be directed to pay the same.

Recommend, that the member who introduced the Petition of Mary Dowd into the Assembly, or who patronizes it, be at liberty to bring in a bill to effect the purpose of the Petition.

Recommend, that a Bill be brought in to oblige all persons in this State having an account against the public, contracted before the 1st day of January, 1784, to deliver in the same within a limited time.

Recommend, That the Judges of the Superior Court of Law and Equity be allowed the same salary for their attendance at the Court of Oyer and Terminer, held over the mountains, as they now have for their attendance at the Superior Court, and that they for the future draw their salaries by a certificate from the Clerks of the several Courts they attend, it being countersigned by the Judges.

A motion was made for allowing depreciation to the judges. Resolved in the Negative.

Your Committee also recommend, that the papers respecting the Indian Affairs in the Southern department be referred to His Excellency the Governor, and that he proceed thereon as he thinks most proper, and that the recommendation of Congress that each State be represented by —— members be acceded to.

JOHN BUTLER, Ch.

The House taking the said report into consideration concurred therewith.

Mr. W. Blount, from the Committee to whom was referred the

-------------------- page 632 --------------------
account of Mr. Maurice Simmons against the State of North Carolina for sundry articles of clothing, &c., furnished the officers of the Continental line of said State when in Captivity at Charles Town, Reported as follows:

That it appears to your Committee that this State did, by a resolution in the Spring session in the year 1782, engage to pay Maurice Simmons, Esq., Eleven hundred and thirty-nine pounds fourteen shillings and four pence sterling, being the amount of his account for sundry articles of cloathing furnished the officers of the Continental line of this State when in captivity at Haddrall’s point, which remains yet unpaid, much to the injury of Mr. Simmons.

It is the opinion of the committee that the said Sum of one thousand one hundred and thirty-nine pounds fourteen shillings and four pence stirling, with interest at eight per cent. from the first day of January, 1782, until paid, ought immediately be paid; the original sum being in the currency of the State one thousand nine hundred and thirty-seven pounds six shillings and four pence, and the interest to the first of June next, three hundred and seventy-four pounds ten shillings and nine pence, and it appearing to the Committee that Henry Montfort, Esquire, is the lawful agent of Mr. Simmons, recommend that warrants be issued by his Excellency the Governor, directed to either of the Treasurers in his favour for the sum of two thousand three hundred and eleven pounds seventeen shillings and one penny, payable on the first day of June, aforesaid, out of the taxes collected for the year 1783.

The Committee observe that the officers who have been benefitted by the Cloathing aforesaid received the same as an equivalent for the cloathing promised by this State, and for that reason in the settlement of their accounts with the Commissioners they have not exhibited any charges of cloathing due them by the State.

WM. BLOUNT, Ch.

The House taking the said report into consideration concurred therewith.

Received from the Senate a Bill to amend an act intitled “an act for ascertaining what property in this State shall be deemed taxable property, the method of assessing the same and collecting public taxes.” Endorsed, 21 May, 1784, read the first time and passed.

-------------------- page 633 --------------------

Ordered that this Bill be read the first time in this House to-morrow.

Resolved, That the Bill for the relief of sundry inhabitants of Davidson County, whose names are therein mentioned, be read the second time in this House to-morrow.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

At the request of Mr. Phillips this House consents that his name be withdrawn from the nomination as Collector of the Imposts for port Currituck. We nominate for that appointment Mr. Samuel Ferebee.

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


Saturday, 22 May, 1784.

The House met according to adjournment.

Ordered, that the Clerk of this House deliver to Mr. Kerr & Mr. Davidson copies of the Reports of the Committee in their favour, to the end that they may be enabled to settle their accounts with the Comptroller.

The Bill for the relief of sundry Inhabitants of Davidson County, whose names are therein mentioned, was read the second time, passed and ordered to be engrossed.

The Bill impowering the persons herein named to dispose of certain property belonging to the State for the redemption of the paper money emitted by virtue of an act by the General Assembly passed May 17, Anno Dom., 1783, was read the first time, passed and sent to the Senate.

Ordered, that the Bill to impower the Inferior Court of Pleas and Quarter Sessions of the several Counties in this State to order the laying out public roads, and to establish and settle ferries, and to appoint where bridges shall be built, and to clear Inland rivers and Creeks, lie over until the next session of the General Assembly.

Mr. Winslow moved for leave and presented a Bill to establish the principal streets of Fayetteville, as laid down in a plan of the said Town by Commissioners appointed by an act of the last General Assembly, which was read for information, and was then read for the first time, amended, passed & sent to the Senate.

-------------------- page 634 --------------------

The Bill to regulate the Election in the County of New Hanover was read the second time, amended, passed and sent to the Senate.

Mr. Long, from the Committee to whom was referred the Petition of Captain Griffin and Captain Moore, Reported as follows, vizt.:

That your Committee are of opinion should there be any pay, or arrearages of pay due, in virtue of the Act of Assemly for the appointment of said Captains, it be referred to the District Auditors by them to be allowed.

NICHOLAS LONG, Ch.

The House taking the said report into consideration concurred therewith.

Received from the Senate the report of the Committee on the Petition of Henry Jones, and the Resolve of this House in consequence thereof, concurred with.

The Bill for regulating the pilotage and facilitating the Navigation of Cape Fear River, was read the second time, amended, passed and sent to the Senate.

Received from the Senate the Bill ceding to the Congress of the United States certain Western lands therein described, and authorizing the delegates from this State in Congress to execute a Deed or Deeds for the same. Endorsed, 21 May, 1784, read the second time, amended by consent of the Commons, and ordered to be engrossed.

Ordered that this Bill be read on Monday next for the last time in this House.

Received from the Senate the Bill for altering the line between the Counties of Lincoln and Burke, and appointing Commissioners to fix on a convenient place in the said County of Lincoln to erect the Public Buildings of said County. Endorsed, 22 May, 1784, read the second time and passed.

The Bill to amend an act entitled “an act for the regulation of the Town of Wilmington,” was read the second time, amended, passed and sent to the Senate.

Mr. Benjamin Hawkins moved for leave and presented a Bill for laying certain duties therein mentioned on all foreign merchandize imported into this State in aid of public finances, and directing the mode of collecting the same, which was read for information, and then for the first time; was amended, passed and sent to the Senate.

-------------------- page 635 --------------------

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We agree that three delegates be balloted for, instead of one, as by this House proposed in their last message on that Head. We nominate John Kinchen and John Mickelwrath, in addition to the Gentlemen heretofore named.

We consent, also, that the report of the Committee on the proceedings of the Commissioners appointed for running and ascertaining the boundary line of the Lands allotted the Officers and Soldiers of the Continental line of this State, be recommitted and that the Committee report on the services of Mr. Robertson, as by you proposed.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We nominate as a proper time for the meeting of the next session of the General Assembly the first Monday in October next.

Received from the Senate the report of the Committee appointed to take under consideration the Message of His Excellency the Governor, together with the papers accompanying the same, concurred with.

Received from the Senate the report of the Committee on the Petition of Captains Griffin and Moore, concurred with.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

With this you will receive the report of the Committee to which was referred the account of Mr. Maurice Simmons, merchant of Charles Town, concurred with by this House.

The Bill for appointing Collectors of the Imposts at the several Ports of this State, and for Regulating the Duty of the Officers of the Customs and Masters of Vessels, was read the first time, amended, passed and sent to the Senate.

Ordered that the folowing message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House are unacquainted with Mr. Mickelwrath, one of the Gentlemen nominated by the Senate for the Delegate to Congress, and request some information respecting him.

-------------------- page 636 --------------------

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

Through the indisposition of Mr. Coor, one of the members appointed on the part of this House to superintend the balloting for the several appointments, &c., to take place this evening, we have discharged him from that duty and appointed Mr. Brown in his place who, with Mr. Macon, the member heretofore appointed, will attend and conduct the balloting.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We have appointed Mr. Winslow and Mr. Frohock to superinted the balloting this evening; at the request of Mr. Lanier his name is withdrawn from the nomination for Treasurer.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

It is the opinion of this House that the report of the Committee on the Petition of James Logan, of Lincoln County, might be concurred with after being amended by expunging the words any law to the contrary notwithstanding from the last line.

This report is sent herewith for your further determination in regard to it.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We have, agreeable to your message, reconsidered the report of the Committee on the Petition of James Logan, but cannot reconcile it to our Ideas of Justice to determine upon it otherwise than we have before determined on it.

The Petition of James Williams was read and referred to the first Committee of Propositions and Grievances.

Received from the Senate the following Bills, vizt.:

A Bill laying certain duties therein mentioned on all foreign Merchandize imported into this State in aid of the public finances, &c.

A Bill to establish the principal Streets of Fayetteville, &c. Endorsed, 22 May, 1784, read the first time and passed.

Recd. also, A Bill for levying a tax for paying the Interest of the Certificates granted to officers of the Continental line of this State,

-------------------- page 637 --------------------
who continued in the service to the end of the war, and the interest of certificates granted to officers, or the representatives of officers, who died in the service, or were deranged, and who are intitled to depreciation by the regulations of Congress, and also the interest of Certificates granted to Soldiers, who are intitled to depreciation by the aforesaid regulations of Congress. Endorsed, 22 May, 1784, read the second time, amended and passed.

Ordered that these Bills be read on Monday next.

Received from the Senate the Bill for appointing Collectors of the Imposts at the several ports of this State, and for regulating the duty of the Naval Officers, the officers of the customs and masters of vessels. Endorsed, 22 May, 1784, read the first time, amended and passed.

Ordered that this Bill be read for the second time in this House on Monday next.

Received from the Senate the following Reports of the Committee of Propositions and Grievances, vizt.:

On the Petition of a Number of the Inhabitants of Wayne, Duplin and Dobbs Counties;

On the Memorial of David Miller;

On the account of James Mebane, Sheriff of Orange County;

On the Petition of James Withrow, Esquire;

On the Petition of William Elliott; and,

On the Petition of Peter Terry, severally endorsed and respectively concurred with.

Mr. Hooper moved for leave and presented a Bill to amend an act concerning servants and slaves, which was read for information, & then for the first reading in this House, was passed and sent to the Senate.

Mr. Winslow, from the joint balloting for delegates, Treasurers, Collectors of the Imposts, the place at which and the time when the next Assembly shall be held, Reported as follows, vizt:

That by a majority of the votes of both Houses of the General Assembly, Benjamin Smith and Adlai Osborne, Esquires, were elected Delegates. William Locke, Memucan Hunt, Green Hill, William Skinner, John Brown, Benjamin Exum, and Joseph Cain, Esquires, Treasurers for the Districts in which they respectively reside.

John Davis for Port Beaufort, Nathan Keaise for Port Bath,

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Thomas Benbury, Esquire, for Port Roanoke, and Samuel Ferebee for Port Currituck, Collectors of the Imposts.

That the first Monday in October next is the time on which the next session of the General Assembly shall commence.

That there was not a majority of votes in favour of either of the other Gentlemen in nomination for a Delegate, for no one person in nomination for a Collector of Port Brunswick, and that neither of the places in nomination for the meeting of the next session of Assembly had a majority of votes

The House taking the said report into consideration, concurred therewith, and ordered the following message to be sent the Senate:

Mr. Speaker and Gentlemen:

We propose balloting for the delegate and a Collector of the Imposts for Port Brunswick, and the place at which the next session of the General Assembly shall be held on Monday next at four o’clock in the evening.

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


Monday, 24 May, 1784.

The House met according to adjournment.

An account of James Glasgow, Esquire, Secretary, was presented and read, and referred to the second Committee of Propositions and Grievances.

Read the account of Benjamin Exum, Esquire, Treasurer of the District of New Bern, which was referred to the second Committee of Propositions and Grievances.

Read the Petition of Thomas Harris. Ordered that the same be referred to the second Committee of Propositions and Grievances.

Mr. Frohock moved for leave and presented a Bill to amend an act for regulating the Town of Salisbury and securing the Inhabitants in their possession, and to encourage the settlement of the said Town, which was read for information, and then for the first reading in this House, was passed and sent to the Senate.

Mr. J. Blount moved for leave and presented a Bill to amend an act intitled “an act for opening the Land Office for the redemption of Specie and other certificates and for discharging the arrears due

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to the Army,” which was read for information, and then for the first reading in this House, was passed and sent to the Senate.

Mr. Cumming moved for leave and presented a Bill to suspend the operation of the Act of limitation of the Law for a time limited, which was read for information, and then for the first reading in this House, was passed & sent to the Senate.

Mr. Bloodworth moved for leave and presented a Bill for the more speedy and effectual recovery of slaves clandestinely detained from their owners, which was read for information, and then for the first reading in this House, was passed & sent to the Senate.

Mr. Maclaine moved for leave and presented a Bill for imposing a duty or tax in aid of the public revenue, upon the different articles therein mentioned, sold at auction or public vendue, and for regulating auctioneers or vendue masters, which was read for information, and then for the first reading in this House, was passed and sent to the Senate.

Mr. Benjamin Hawkins moved for leave and presented a Bill authorizing the Governor to execute Deeds to the several purchasers of confiscated Lands in the manner therein mentioned, which was read for information, and then for the first reading in this House, was passed & sent to the Senate.

Ordered that the Clerk of this House issue Certificates to James Withrow and Mary Moody for the allowances made them, and to Col. Richard Henderson for one half of the allowance made him this session.

Mr. Maclaine moved for leave and presented a Bill for altering the Times of holding the annual elections and annual Assemblies, and directing the manner of electing annual officers for the succeeding year, which was read for information and then for the first reading in this House, was passed and sent to the Senate.

Mr. Winslow moved for leave and presented a Bill to enable Mary Dowd to sue for and recover to her own use and the use of her children by her husband Conner Dowd, all debts due and owing to the said Conner and all other things in action which the said Conner Dowd might lawfully sue for and recover, which was read for information, and then for the first reading in this House, was passed and sent to the Senate.

The Bill to impower William Hall to take Toll for a Bridge by

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him built over the North East of Cape Fear at the Mouth of Limestone Creek in Duplin County, was read the first time, passed and sent to the Senate.

The Bill to amend an act entitled “an act to amend an act entitled an act for dividing Tryon County, and other purposes,” was read the first time, passed and sent to the Senate.

Resolved, That Mr. Thomas Gray have leave to absent himself from the service of this House after Saturday next.

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 first time, passed and sent to the Senate.

The Bill to impower commissioners therein mentioned to repair the public buildings in the town of Hillsborough, was read the first time, passed and sent to the Senate.

The Bill to oblige the creditors of this State, being citizens thereof, to render a state of their demands within a limited time, was read the first time, passed and sent to the Senate.

The Bill to repeal the several acts of the General Assembly appointing District Auditors and directing their duty in office, was read the first time, passed and sent to the Senate.

The Bill to impower the County Surveyors to make surveys and returns in the manner therein was read the first time, passed and sent to the Senate.

The Bill to impower the executors of John Bowman, deceased, to pay into the Treasury such sums of Money as he received for the public as Sheriff of Burke County, without depreciation, was read the first time, passed and sent to the Senate.

Mr. Maclaine moved for leave and presented a Bill to amend an Act intitled “an Act for purchasing a lot or lots in the town of Wilmington for the purpose of buiding a Gaol for the District of Wilmington, and for other purposes, and for repairing the Court House of the said District,” which was read for information, and then for the first reading in this House, was passed and sent to the Senate.

The Bill to encourage subjects of foreign States to lend money at interest on real estates within this State was read the first time, passed and sent to the Senate.

A warrant from His Excellency the Governor, directed to any County Commissioner in the District of Edenton in favour of Mr.

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George Gray, and also one other warrant in favour of Messrs. Baker and Blow, were read. Ordered, that they be referred to the first Committee of Propositions and Grievances.

Ordered that the Bill laying certain duties therein mentioned on all foreign merchandize imported in this State, &c., be read for the second time in this House to-morrow.

The Bill to amend an act to vest certain Lands in Richard Henderson and others, and to grant a further compensation to the said persons, was read the first time, amended, passed and sent to the Senate.

The Bill to amend an act intitled “an act for ascertaining what property in this State shall be deemed taxable property, the method of assessing the same, and collecting public taxes, was read the first time, passed and sent to the Senate.

Resolved, That the Honourable Benjamin Hawkins and Hugh Williamson, Esquires, are entitled to the thanks of the Citizens of this State for their long and faithful services in the Congress of the United States, and that the Honorable the Speaker of the General Assembly be and they are hereby requested to present them with the same.

Resolved, That the Treasurers of this State, or some of them, advance to Thomas Davis, the public printer, the sum of one hundred and fifty pounds mentioned in a warrant drawn on them by His Excellency the Governor, dated at Hillsborough the eighth day of October in the year 1782, and that this resolution, together with the said warrant, shall be a sufficient voucher for the above sum to the Treasurer advancing the same in the settlement of his public accounts.

Ordered that Mr. Bonds have leave to absent himself from the service of this House after Saturday next.

The Bill for extending the dividing line between the Counties of Edgecombe and Martin and Martin and Pitt, was read the second time, amended, passed and sent to the Senate.

Read the Petition of Robert Walker, which was referred to the first Committee of Propositions and Grievances.

The Bill for enfranchising Ned Griffin, late the property of William Kitchen, was read the second time, amended by consent of the Senate, passed and ordered to be engrossed.

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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.

Resolved, That the Auditors of Hillsborough District be directed to issue a Certificate to James Gilbert for the sum of six pounds ten shillings to replace one formerly granted him for the same sum, which has been destroyed by being washed to pieces before he received the sum therein certified to be due to him.

The Bill to regulate the Town of Hillsborough, and to repeal all laws in force which come within the purview hereof, was read the second time, amended, passed and sent to the Senate.

Resolved, That the Treasurer of Edenton District be directed to advance to Henry Montfort, Esquire, one hundred and forty-four pounds, mentioned in a warrant granted on the said Treasurer by his Excellency the Governor, dated at Hillsborough the sixteenth day of May, 1783, and this resolution, together with the said Warrant, shall be sufficient to entitle the said Treasurer to a credit of that sum in the settlement of his public accounts.

The Bill to authorize Richmond Pearson to collect the Specific Tax which remains due from the Inhabitants of the County of Rowan for the year 1781, and also the Commissioner of Franklin County to collect the arrears of the taxes of said County for 1781 & 1782, was read the second time, amended, passed and sent to the Senate.

Received from the Senate the Resolve of this House directing the auditors of Hillsborough District to issue a certificate to James Gilbert; the Resolve directing the Treasurers or either of them to advance to Thomas Davis one hundred and fifty pounds; the Resolve directing the Treasurer of Edenton District to advance to Henry Montfort one hundred & forty-four pounds, and the Resolve requesting the Speakers of the Assembly to present the thanks of the Citizens of this State to the Honourable Benjamin Hawkins and Hugh Williamson, Esquires, respectively concurred with.

The Order of the day for reading for the third and last time the Bill for Ceding to Congress of the United States certain Western lands therein described, and authorizing the Delegates from this State in Congress to execute a Deed or Deeds for the same, being called for and read, it was moved and seconded, that the Bill should be read according to order, which was objected to by Colo. Davie who

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proposed that the Bill should be laid over until the next session of the General Assembly, which was also seconded. The question was put shall the Bill be now read or postponed until the next Assembly, and carried in the affirmative.

The yeas and nays being required by Mr. Bloodworth are as follows:

Yeas—Ferebee, Stone, Herritage, Payne, Gray, B. Jones, Gillespie, Dolvin, Sessums, Eborn, McCulloch, Randal, Mayo, Gest, Hooper, Edmunds, Butler, Moye, Jordan, Harvey, Skinner, Thomas, Conner, Reddick, Spruill, A. Maclaine, Cumming, Sitgreaves, Lytle, B. Hawkins, C. Robertson, W. Blount, Shepperd, Smith, Moore, Brickell, Lewis, West, Starkey, J. Blount, Looney, A. Bryan, Humphries, Winslow, W. Bryan, N. Jones and Long.—47.

Nays—Messrs. Lucas, Flowers, Cain, E. Robertson, White, Oliver, Lennard, Clark, P. Hawkins, T. Sherrod, Ransom, Hill, Person, McDonald, Sloan, Kendal, Pickett, Barringer, Robins, Alford, Carter, Lenoir, B. Sherrod, Franklin, Emmett, Bloodworth, Montfort, Hinton, Bond, McKissick, Spped, Auld, Jackson, Singleton, Shelton, Withrow, Lock, Phifer, Cage, Frohock, McDowall, Wilson, Davie, E. McLean, Galloway and Smithwick.—46.

So it was resolved the Bill should be read, which being done the third time, was passed and sent to the Senate.

On the question shall the Bill pass or not pass, the yeas and nays were required by Mr. Person and are as follows:

Yeas—Messrs. W. Bryan, Ferebee, Lucas, Oliver, Stone, Herritage, Payne, Gray, B. Jones, Dolvin, Gillispie, Sessums, Eborn, McCulloch, Randal, Mayo, Gest, Hooper, Edmunds, Butler, Moy, Jordan, Harvey, Skinner, Thomas, Conner, Reddick, Spruill, A. Maclaine, Cumming, N. Jones, Sitgreaves, Bloodworth, Lytle, B. Hawkins, C. Robertson, W. Blount, Shepperd, Smith, Moore, Brickell. Auld, Jackson, West, Starkey, F. Blount, Looney, A. Bryan, Humphries, Nash, Winslow, and Long.—52.

Nays—Messrs. Flowers, Cain, Lennard, Clark, E. Robertson, White, P. Hawkins, Thomas, Sherrod, Ransom, Hill, Person, McDonald, Sloan, Kendal, Pickett, Barringer, Robins, Alford, Carter, Lenoir, B. Sherrod, Franklin, Emmet, Montfort, Hinton, Bond, McKissick, Speed, Lewis, Singleton, Shelton, Withrow, Lock, Phifer,

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Cage, Frohock, McDowall, Wilson, Davie, E. McLean, Galloway, and Smithwick.—43.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We consent that the place where the next Assembly shall be held be balloted for this evening at the time by you proposed, and that the delegates yet to be elected, and the Collectors of the Imposts for port Brunswick be ballotted for at the same time.

Received from the Senate the account of James Glasgow, Esq., the Petition of Thomas Harris, the Petition of Robert Walker, the Petition of James Williams, the warrant from the Governor on the Commissioners of Edenton District in favour of Messrs. Baker and Blow, and the account of Benjamin Exum against the State. Endorsed respectively, in Senate 24 May, 1784, read and referred as by the Commons.

Received from the Senate the Bill to impower the County Surveyors to make surveys and returns in the manner therein mentioned.

A Bill for imposing a duty or Tax in aid of the public revenue, &c.

A Bill to amend an act for regulating the Town of Salisbury, &c.

A Bill for altering the times of holding the annual elections, &c.

A Bill for the more speedy recovery of Slaves, &c.

A Bill to enable Mary Dowd to sue for and recover to her own use the debts due her husband, Conner Dowd, &c.

A Bill to amend an act for opening the land office, &c.

A Bill to amend an act intitled “an act for purchasing a lot or lots in the Town of Wilmington, &c.” Endorsed, in the Senate 24 May, 1784, read the first time and passed.

Ordered that these Bills be read the second time in this House on Wednesday next.

Received from the Senate the Bill vesting a power in the United States in Congress Assembled to levy a duty on foreign merchandize for the use of the United States. Endorsed, in Senate, 22 May, 1784, read the second time, amended by consent of the Commons, passed and ordered to be engrossed.

The Bill to impower the Delegates of this State in Congress to assent to the repeal of part of the eighth of the articles of confederation and perpetual union between the thirteen States of America

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and to prescribe and ratify the alteration proposed in the recommendation of Congress of the eighteenth of April, 1783, in place thereof, as part of the said Instrument of Union, was read the second time, passed and sent to the Senate.

The Bill for appointing a public printer and directing his duty in office, was read the second time & ordered to lie on the table.

Mr. Winslow, from the joint balloting for delegates, and a collector of Port Brunswick and the place at which the next Assembly shall be held, Reported:

That neither of the Gentlemen in nomination for a delegate or for a Collector had a majority of votes. That by a majority of votes the next Assembly is to be held at New Bern.

The House taking the said report into consideration concurred therewith.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We propose that the General Assembly ballot immediately for the Delegate yet to be made choice of, and for a Collector of the Impost for Port Brunswick.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We agree to your proposal to ballot immediately for the Delegate yet to be made choice of and for a Collector for Port Brunswick. Mr. Winslow and Mr. Frohock attend to see the Balloting conducted in your House.

Mr. Winslow, from joint balloting for a Delegate and a Collector for Port Brunswick, Report that William Cummings, Esquire, was Elected a Delegate, and Mr. James Reid Collector by a Majority of the votes of both Houses of the General Assembly.

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

Ordered that the Bill for dividing Cumberland into two distinct Counties be read for the third and last time in this House to-morrow.

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

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Tuesday, 25 May, 1784.

The House met according to adjournment.

The Bill to repeal all acts now in force in this State, which direct or provide for the payment of any Slave killed or executed therein, was read for information, and then for the first reading in this House, was passed and sent to the Senate.

The Bill for appointing a public printer and directing his duty in office, was read the second time, amended, passed and sent to the Senate.

Mr. Hawkins, from the Committe to whom was referred the letter from the Minister of France with its inclosures respecting advances made by the government of Martinique to the Marquis de Bretigney, late Agent, for the use of this State, Reported as follows:

That it appears from the Minister’s letter and other papers referred to the Committee, that the Government of Martinique furnished for the use of this State to the Marquis de Bretigney, impowered to procure the same, arms, ammunition and other things amounting in the whole to thirty-two thousand four hundred livres being at five livres eight sous Tournois the dollar—Six thousand Dollars. That the heads of the departments from which these advances were made are answerable for them, and therefore the Minister requests that measures may be taken as soon as practicable to reimburse the sum aforesaid either to him in Philadelphia or to the Government of Martinique, as may be most convenient for this State. Whereupon the Committee recommend, that the Governor be impowered and required to take measures for repayment of the aforesaid sum of six Thousand Dollars, with interest thereon till paid out of the monies received for 1783, if there are any unappropriated.

The Committee further report, that they have compared the several papers therein referred to them with the accounts of the Marquis de Bretigney, and find sufficient matter to induce them to believe that a part of the money due the Government of Martinique has been paid to the Marquis on the settlement of his accounts with this State, and thereupon the Committee recommend, that the whole of the papers on this subject be referred to the Comptroller and he be required to take proper measures for the final settlement of the accounts of the Marquis and for receiving from him all the money paid by this State to him for the Government of Martinique, and

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which has not been remitted by him for that purpose. And further the Committee report, that altho’ the vessel in which the Marquis sailed to Martinique was obtained on monthly hire from Messrs. S. Schelebeck and Mailhol, yet that large repairs were made on the said vessel in Martinique and charged by that Governent to this State for which Messrs. Schelebeck and Mailhol have not in their account of hire as aforesaid given any credit, and therefore the Marquis should be requested to make the discrimination of such repairs that they may be charged to the said Messrs. Schelebeck and Mailhol who are responsible for the same.

BENJAMIN HAWKINS, Chairman.

The House taking the said report into consideration concurred therewith.

The additional Bill to an act intitled “an act directing the method of electing members of the General Assembly and other purposes,” was read the second time, pased and sent to the Senate.

Ordered that Mr. Winslow have leave to withdraw the accounts of Mr. Cochran, to which his Petition referred.

Ordered that the Bill for establishing a Militia in this State, lie over until the next Session of Assembly.

Mr. Phil. Hawkins, from the Committee to whom was referred the Petition of Elizabeth Torrence of Dobbs County, praying that her husband be permitted to remain with his family, Reported as follows, vizt.:

That your Committee having taken the same under their consideration are of opinion that the said Petition be rejected, he having taken part with the enemies of the United States, as set forth by the said Petition.

PHIL. HAWKINS, Chmn.

The House taking the said report into consideration concurred therewith.

Mr. Phil Hawkins, from the Committee to whom was referred the Petition of Michail Hearn, reported as follows, vizt.:

It is the opinion of your Committee that Mr. Bennett, the Commissary, give to Mr. Michail Hearn a receipt for twelve barrels of pork which was thrown overboard in a storm on its passage to Edenton,

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being part of a quantity that he bought of Mr. Hearn for the public, and that the Comptroller allow Mr. Bennett for the same in the settlement of his accounts.

PHIL. HAWKINS, Chmn.

The House taking the same into consideration concurred therewith.

Mr. Phil. Hawkins, from the Committee to whom was referred the Petition of David Dodd, Reported as follows, vizt.:

Your Committee having taken the same into consideration, are of opinion that the said account for one thousand nine hundred pounds weight of flour, and eight casks (four hundred weight of butter) seventy-five days service of a Waggon, Team and Driver, Shoeing four horses, and forage for his Team and provision for himself seventeen days, be referred to the Board of Auditors in Salisbury District to settle the same and make such allowance as they think proper for the articles contained in the account.

PHIL. HAWKINS, Chmn.

The House taking the said report into consideration concurred therewith.

Mr. Phil. Hawkins, from the Committee to whom was referred the Petition of The Executors of the late General Davidson, &c., Reported as follows, vizt.:

That it appears to your Committee that in July, 1780, the said Davidson, borrowed and received from General Rutherford, Sixteen Thousand Dollars public money for which he gave a note to General Rutherford, and that he expended in the public service twelve Thousand three Hundred and twenty Dollars, as appears by vouchers; Your Committee are therefore of opinion the Executors of General Davidson ought to have a Credit in their settlement with General Rutherford for that sum, and that a resolve pass for that purpose.

Your Committee further report, that they are unacquainted with the resolutions referred to respecting the negroes in the possession of Mrs. Davidson, and that they are of opinion that the half pay of General Davidson is a Continental charge, and ought to be referred to the Commissioner for settling the accounts of the Army.

PHIL. HAWKINS, Chmn.
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The House taking the said report into consideration concurred therewith, whereupon,

Resolved, That General Griffith Rutherford, in the settlement of his accounts in behalf of the public with the late General Davidson, be directed to give credit to the said Executors for twelve thousand three hundred & twenty Dollars, part of sixteen thousand Dollars, public money, advanced by him to General Davidson for public purposes: it appearing by sundry vouchers exhibited to this Assembly by the said Executors, that General Davidson in his lifetime did expend that sum for the purposes that those Sixteen Thousand Dollars were received for, and that the said vouchers shall be sufficient to entitle General Rutherford to be credited for that sum in the settlement of his accounts with the public.

The Memorial of George H. Barringer was read & referred to the first Committee of Propositions and Grievances.

The Bill establishing a Court of Chancery, was read the second time and rejected.

Whereas, An act having passed the two Houses of the General Assembly for ceding certain lands to the Congress of the United States,

Resolved, That no Entry for any lands within the limits of the Lands so ceded be hereafter made, and that Colo. John Armstrong be and he is hereby required and directed to receive no more entries or claims for Lands in the office by him kept, after this notification.

Resolved, That the Comptroller General be directed to settle as soon as may be, the accounts of the Entry Taker and report to this House what amount in Auditor’s Certificates, or other mode of payment, the said entry Taker has now in his hands, with a general state of accounts so settled, in which account the Entry Taker is to specify the dates of the several entries and when the purchase money was paid for such Entries, respectively.

Mr. Cumming moved for leave and presented a Bill to regulate the town of Edenton, which was read for information, and then for the first reading in this House, when it was passed & sent to the Senate.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The Senate do not concur with the Resolve of your House for settling and reporting on the accounts and books of John Armstrong,

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Esquire, Entry Taker, but propose that a joint Committee be appointed to examine the books of the Entry Taker, with power to send for persons and papers so as to obtain all other necessary information relative thereto; that they make report of their proceedings herein, and that they likewise report what entries have been made within ten days past, and whether prompt payment has been made for the same, or otherwise, for which purpose we appoint Mr. Irwin, General Gregory and Mr. Lane a Committee.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

Mr. Maclaine, Mr. Person, Mr. B. Hawkins, Mr. Lock, Mr. Blount, Mr. Hooper, Mr. Phifer, Mr. Wilson and Mr. Davie, will act with the Gentlemen by you appointed to examine and report upon the accounts and books of Colo. John Armstrong, Entry Taker, &c.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We propose that the “Bill to prevent certain persons therein described or mentioned, from returning or coming into this State,” be recommitted; that a certain number of members from each District be appointed by the respective Houses, for the purpose of preparing and reporting the amendments necessary to be made in this Bill, to which end we appoint General Rutherford and Mr. Irwin, from Salisbury; Mr. Everagin and Mr. S. Johnston, from Edenton; Mr. Hargett and Mr. Coor, from New Bern; Mr. Macon and Mr. Lockhart, from Halifax; Mr. Brown and Mr. Thomas Johnston, from Wilmington; Mr. Lane and Mr. McCawley, from Hillsborough, and General McDowall and Mr. Alexander, from Morgan.

Ordered that the following message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have appointed Mr. Hooper, Mr. Person, Mr. Davie, Mr. B. Hawkins, Mr. Lenoir, Mr. Singleton, Mr. Bryan, Mr. Sitgreaves, Mr. Lock, Mr. Wilson, Mr. Lennard, Mr. Bloodworth, Mr. Stone, and Mr. Conner, a Committee, with the Gentlemen appointed by the Senate, for the purpose of preparing the amendments necessary to be made in the Bill to prevent certain persons therein mentioned from returning or coming into this State, &c.

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Received from the Senate the Report of the Committee on the account of Stephen Potts, the Report on the Petition of Michail Hearn, the report on the Petition of Elizabeth Torrence, the report on the Petition of David Dodd, the Report of the Committee on the French Minister’s Letters and its inclosures respecting the agency of the Marquis de Bretigney, and the report on the Petition of the Executors of the late General Davidson and the resolve of this House in consequence thereof, respectively concurred with.

Received from the Senate the following Bills, vizt.:

A Bill to amend an Act entitled “an act for ascertaining what property in this State shall be deemed taxable property,” &c.

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.”

A Bill to oblige the creditors of this State, being Citizens thereof, to render a Statement of their demands within a limited time.

A Bill to repeal the several acts of the General Assembly appointing District Auditors, &c.

A Bill to impower the executors of John Bowman, Decd., to pay into the Treasury such sums of money as he received for the public as Sheriff of Burke County, without Depreciation.

A Bill to encourage the subjects of foreign States to lend money at Interest on real estates within this State.

A Bill to amend an act to vest certain Lands in Richard Henderson and others.

A Bill to impower Commissioners therein mentioned to repair the public buildings in the town of Hillsborough, and

A Bill to amend an act entitled “an act to amend an act entitled an act for dividing Tryon County and other purposes.” Respectively endorsed, in Senate, read the second time and passed.

Ordered that these Bills be read the second time in this House to-morrow.

Received from the Senate the Resolve of this House directing the Entry Officer of Claims for Lands not to receive any more entries, concurred with.

The several matters to this day referred being postponed, the House adjourned till To-morrow morning 9 o’clock.

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Wednesday, 26 May, 1784.

The House met according to adjournment.

Received from the Senate the Petition of Stephen Cole. Endorsed, read & referred to the first Committee of Propositions and Grievances. The said Petition being read was referred as by the Senate.

Ordered that the Clerk issue the Resolve in favour of Henry Jones, of Thomas Davis and of Morris Simons, Esqr.

Ordered that Mr. Simmons and Mr. Smith have leave to absent themselves from the service of this House after Saturday.

The account of Green Hill, Esquire, Treasurer of the District of Halifax, was read and referred to the first Committee of Propositions and Grievances.

The Bill for the relief of persons who have suffered or may suffer by their Grants, Deeds and Mesne Conveyances not being proved and registered within the time heretofore appointed by law, was read the second time, amended, passed and sent to the Senate.

The Bill to regulate the descent of real Estates; To do away entails; To make provision for Widows, and to prevent frauds in the execution of last Wills and Testaments, was read the second time, amended, passed and sent to the Senate.

Mr. Person, from the Committee of Claims and Depreciation, to whom was referred the Memorial of Thomas Burke’s Executors, Reported as follows, vizt:

That they have considered the report of the Committee appointed by the Assembly in May, 1782, to examine the accounts of the said Doctor Burke, Deceased, (late Governor of this State), and are of opinion that one hundred and twenty pounds ought to be allowed out of the public Treasury of this State to the Executors of Doctor Burke in full compensation for all his expenses while a prisoner with the enemy.

THOMAS PERSON, Chmn.

The House taking the said report into consideration concurred therewith.

Mr. Person, from the Committee of Claims and Depreciation, to whom was referred the Memorial of John Huske, Secretary to the late Governor Burke, reported:

That Mr. Huske, by a Resolve of the Assembly in the year 1782,

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obtained a warrant on the Treasurer for one hundred and fifty pounds in full satisfaction for his pay as Secretary, as above, and his expenses while a prisoner with the Enemy. It appears that Mr. Huske never drew the amount of the above mentioned warrant, nor any part thereof, tho’ he made frequent application to different treasurers for that purpose. Your Committee would therefore recommend that he be allowed the sum of one hundred and fifty pounds in lieu of the above Warrant, for the immediate payment of one third of which sum, vizt., fifty pounds, a warrant shall issue on any of the Treasurers now in Hillsborough, and for the remaining part vizt.: one hundred pounds, a warrant shall issue in his favor on the Treasurer of Wilmington District who shall be directed to pay the same before any other warrant of a later date than that which he, Mr. Huske, shall receive as above.

THOMAS PERSON, Chmn.

The House taking the said report into consideration concurred therewith.

Received from the Senate the accot. of Green Hill, Esquire, public Treasurer and the Memorial of George H. Barringer. Endorsed, read & referred as by the Commons.

Read the Petition of William Culbertson, whereupon,

Resolved, That the Auditors of Hillsborough District be directed to issue a certificate to William Culbertson, of Caswell County, for twenty-two pounds five shillings to replace certificates to that amount formerly issued by them and which have been destroyed by being washed to pieces in his pocket.

The Bill to encourage Benjamin Smith to repair and compleat the Bridge and Causeway through the Great Island, opposite Wilmington, was read the second time and sent to the Senate.

The Bill for establishing a Court of Oyer and Terminer and general Gaol Delivery in the County of Davidson, was read the second time, passed and ordered to be engrossed.

Received from the Senate a Bill for levying a tax for the support of Government and for the redemption of old paper currency, specie and other certificates. Endorsed in Senate, 26 May, 1784, read the first time and passed.

Ordered that this Bill be read; the same was read for information

-------------------- page 654 --------------------
and then for the first reading in this House, was passed and sent to the Senate.

Received from the Senate a Bill to prevent doubts as to the rights of Sovereignty and Jurisdiction in and over the territory lying west of the Apalachian Mountains, for shutting the Land office and for indemnifying John Armstrong, Esqr., Entry Taker against vexatious suits for his conduct while in office, which was read for information then for the first reading in this House, when it was passed and sent to the Senate.

The address of Benjamin Hawkins, Esquire, was read and referred to a joint Committee, the members chosen by this House are Mr. Lytle, Mr. Blount and Mr. Davie.

Received from the Senate a Resolve for exempting Samuel Torrentine from the payment of Public Taxes, which being read was rejected, whereupon Resolved, That Samuel Torrentine be exempted from the payment of Poll Taxes only.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

At the request of Mr. Hooper we have excused him from attending on the Committee appointed to prepare the amendments to be made in the Bill to prevent certain persons therein mentioned from returning or coming into the State, and have added General Butler in his room.

Received from the Senate the report of the Committee appointed to receive the old paper currency and certificates, which being read was concurred with.

General Butler, from the Committee of Propositions and Grievances, reported as follows, vizt.:

Your Committee having considered the Petition of Joseph Cain, Esqr., Treasurer of Wilmington District, are of opinion that the said Cain be allowed the time travelling to Halifax, in order to receive part of the late emission of money, Twenty-one pounds. And for travelling to and from, and attendance on the present Assembly, Twenty-five pounds, amounting in the whole to Forty-six pounds, which should be allowed him in settlement of his accounts with the public.

JOHN BUTLER, Chmn.
-------------------- page 655 --------------------

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

General Butler, from the Committee of Propositions and Grievances, Reported as follows, vizt.:

Read the Petition of James Guthery, and are of opinion the Auditors have made him a sufficient allowance for his claim for which reason it is rejected.

JOHN BUTLER, Ch.

The House taking the said report into consideration concurred therewith.

General Butler, from the Committee of Propositions and Grievances, Reported as follows:

Read the Petition of Thornton Yancey, praying an allowance for keeping prisoners, &c., which is rejected for want of proper vouchers.

JOHN BUTLER, Ch.

The House taking the foregoing report into consideration concurred therewith.

General Butler, from the Committee of Propositions and Grievances, reported as follows, to-wit:

Read the Petition of John Hawkins and Mary Hunter, and it appears to your Committee that it does not come before the General Assembly.

The House taking the said report into consideration concurred therewith.

General Butler, from the Committee of Propositions and Grievances, Reported as follows, vizt.:

That having considered the account of Anthony Newman, are of opinion that it be rejected for want of proper vouchers.

JOHN BUTLER, Chmn.

The House taking the said report into consideration concurred therewith.

General Butler, from the Committee of Propositions and Grievances, Reported as follows, vizt.:

Read the Petition of Robert Walker, collector of the Specific provision Tax for Surry County, sitting forth that he, as a Commissioner for said County, has in divers instances taken up orders given

-------------------- page 656 --------------------
to individuals by officers for specific supplies, which orders he has taken up and neglected taking receipts thereon, and praying that the Comptroller be directed to settle his accounts without such receipts. It is the opinion of your Committee that the Comptroller should not settle the accounts without proper vouchers.

JOHN BUTLER, Chmn.

The House taking the said report into consideration concurred therewith.

General Butler, from the Committee of Propositions and Grievances, delivered in the following reports, vizt.:

Having read the Petition of James Williams, respecting a supposed lost certificate of an allowance as a member of Assembly, which is rejected for want of proof to show that it was actually destroyed.

JOHN BUTLER, Chmn.

The House taking the said report into consideration concurred therewith.

Having considered the Memorial of Samuel Lockhart,Esquire,late superintendent of specific provision supplies for the District of Halifax, are of opinion that the said Lockhart be allowed the sum of twenty shillings for every day that he was in actual service, and that the Auditors be directed to allow him for the same and for so much of his accounts as he can produce vouchers for.

JOHN BUTLER, Ch.

The House taking the said report into consideration concurred therewith.

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


Thursday, 27 May, 1784.

The House met according to adjournment.

Resolved, That the Treasurer of the District of Edenton be and he is hereby directed to pay and take up a Warrant Granted by his Excellency the Governor, in favour of Matthew O’Mally for the sum of twenty-one pounds Eighteen Shillings, bearing date Hillsborough, September 1, 1782, which, together with this resolve, shall be a sufficient voucher in the settlement of his accounts with the public, for the same.

-------------------- page 657 --------------------

Received from the Senate the Report of the Committee in favour of John Huske, the Report in favour of the Executors of the late Doctor Burke, deceased, and the Resolve of this House directing the Hillsborough District Auditors to issue a Certificate to William Culbertson, respectively concurred with.

Read the address of Mr. Benjamin Hawkins respecting Mr. Cist, printer in Philadelphia, which was referred to Mr. Hawkins, Mr. Blount, Mr. Nash, Mr. Person & Mr. Davie.

Received from the Senate the Resolve of this House for exempting Samuel Torrentine from the payment of Poll Taxes, and the Resolve directing the Treasurer of Edenton District to pay a Warrant drawn by his Excellency the Governor, in favour of Matthew O’Mally, respectively concurred with.

Received from the Senate the address of Benjamin Hawkins. Endorsed, read and referred to Mr. Macon, Mr. Jones and Mr. Moore.

The Bill to impower the several County Courts in this State to lay a tax annually for the purpose of erecting or repairing the Court House, Prison and Stocks in each County where necessary, and for defraying the Contingent charges of the County was read the second time, amended by consent of the Senate, passed and ordered to be engrossed.

Received from the Senate a Bill for levying a tax for the support of Governent and for the redemption of old paper currency, specie and other certificates, and

A Bill to prevent doubts as to the right of Sovereignty and Jurisdiction in and over the Territory lying West of the Apalachian Mountains, for shutting the Land Office, and for indemnifying John Armstrong, Esqr., Entry Taker, against vexatious suits for his conduct in office. Endorsed, in Senate 27 May, 1784, read the second time, amended and passed.

The Bill to amend an act for regulating the Town of Salisbury and securing the Inhabitants in their possessions and to encourage the settlement of the said Town, was read the second time, amended, passed and sent to the Senate.

The Bill to establish the principal streets of Fayetteville, as laid down in a plan of the said Town by Commissioners appointed by

-------------------- page 658 --------------------
an act of the last General Assembly, was read the second time, passed and sent to the Senate.

The Bill to enable Mary Dowd to sue for and recover to her own use, and the use of her children by her husband Conner Dowd, all debts due and owing the said Conner Dowd and all other things in action which the said Conner Dowd might lawfully sue for and recover, was read the second time, amended, passed & sent to the Senate.

Received from the Senate the claim of Major Pinkethman Eaton, deceased, which being read, was referred to the Auditors of Halifax District.

The Bill for imposing a duty or tax in aid of the public revenue upon the different articles therein mentioned sold at auction or public vendue, and for regulating Auctioneers or vendue masters, was read the second time, amended, passed and sent to the Senate.

Received from the Senate the following reports of the Committee of Propositions and Grievances, vizt:

On the Petition of Joseph Cain, Esquire; On the Petition of James Guthery, on the Petition of Thornton Yancey, on the petition of John Hawkins & Mary Hunter, on the account of Anthony Newman, on the Petition of James Williams and on the Memorial of Samuel Lockhart, respectively concurred with.

The Supplemental Bill to an act entitled “an act for proving of Bills and Granting administration, and to prevent Frauds in the management of Intestates’ Estates,” was read the second time, passed and sent to the Senate.

The Bill for altering the time of holding the annual elections and annual Assemblies and directing the manner of electing annual officers for the succeeding year, was read the second time, amended, passed and sent to the Senate.

The Bill to authorize and impower Isaac Gregory, Esquire, formerly Sheriff of Pasquotank, now Pasquotank and Camden Counties, to collect the arrears of Taxes due from the Inhabitants of said Counties for the years 1769, 1770, 1771, 1772 and 1774 was read the second time, passed and sent to the Senate.

The Bill for the relief of such persons as have been disabled by wounds or rendered incapable of procuring for themselves and Families subsistance, in the Militia service of this State, and providing

-------------------- page 659 --------------------
for the widows and orphans of such as have died, was read the second time, passed and ordered to be engrossed.

The Bill to facilitate the navigation of Neuse River was read the second time, passed and ordered to be engrossed.

The Bill to amend an act entitled “an act for dividing Tryon County, and other purposes,” was read the second time, passed and ordered to be engrossed.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We propose that the Report of the Committee on the Petition of Robert Walker be recommitted.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We agree that the report of the Committee on the Petition of Robbert Walker be recommitted.

The Bill for extending the navigation of Roanoke River was read the second time, amended, passed and sent to the Senate.

The several matters to this day referred being postponed, the House adjourned till to-morrow Morning 9 o’clock.


Friday, 28 May, 1784.

The House met according to adjournment.

The Bill for appointing Commissioners for selling the Graineries in the Counties of Franklin and Warren, and for repealing an act intitled “an act for selling the Lot No. 44 in Warrenton, whereon the public Graineries now stand and for other purposes, and for altering the times of holding Courts in the County of Caswell,” was read the second time, amended by consent of the Senate, passed and ordered to be engrossed.

The Bill laying certain duties therein mentioned on all foreign Merchandize imported into this State in aid of the public finances and directing the mode of collecting the same, was read the second time, amended, passed and sent to the Senate.

The Bill for appointing Collectors of the Imposts at the several ports of this State and for regulating the duty of Naval Officers, the officers of the Customs and Masters of Vessels, was read the second time, amended, passed and sent to the Senate.

The Bill to authorize Theophilus Evans to receive Toll at Rockfish

-------------------- page 660 --------------------
Bridge by him built in Bladen County, was read the third time, passed and sent to the Senate.

The Bill vesting a power in the United States in Congress assembled, to levy a duty on foreign Merchandise for the use of the United States, was read the third time, passed and sent to the Senate.

The Bill to prevent the exportation of unmerchantable commodities was read the third time, passed and sent to the Senate.

The Bill to ascertain the measurement of fire wood sold in the several Towns established within this State by the Legislature, was read the third time, passed and sent to the Senate.

The Bill to impower Edward Winslow to receive storage of Tobacco inspected and deposited in the ware house by him built at Fayetteville, by permission of the Court of Cumberland County, was read the third time, passed and sent to the Senate.

The Bill to vest in Nathaniel Allen and others, Certain Lands therein mentioned, was read the third time, passed and sent to the Senate.

The Bill for authorizing the United States in Congress assembled, to regulate the trade of this State with foreign Nations, was read the third time, passed and sent to the Senate.

The Bill for dividing Cumberland County into two distinct Counties, was read the third time, passed and sent to the Senate.

The Bill for levying a further tax in the district of Halifax for repairing the Court House and Gaol of said District, was read the third time, passed and sent to the Senate.

The Bill directing the appointment of delegates agreeable to the recommendation of Congress, was read the third time, passed and sent to the Senate.

The Bill to alter the place of holding the County Court in Pasquotank County from Winfield to the Town of Nixonton in the said County and to erect a new Court House, Prison, Pillory and Stocks in the said County, was read the third time, passed and sent to the Senate.

The Bill for establishing a Town on Cumberland River at a place called the Bluff, near the French Lick, was read the third time, passed and sent to the Senate.

The Bill to impower Arthur Brown, Esquire, late Sheriff of Bertie

-------------------- page 661 --------------------
County, to collect the arrears for taxes due for the County in the year 1774 and 1775 was read the third time, passed and sent to the Senate.

The Bill for prolonging the time given by law for securing Lotts in the several Towns within this State, was read the third time, passed and sent to the Senate.

The Bill to encourage Enoch Sawyer to make a road through Pasquotank River Swamp, opposite to his plantation, was read the third time, passed and sent to the Senate.

The Bill to alter the name of Frederick Totevine to Frederick Lane, was read the third time, passed and sent to the Senate.

The Bill to prevent the several species of hunting therein mentioned, was read the third time, passed and sent to the Senate.

The Bill to amend an act passed at New Bern, the first day of December, one thousand seven hundred and sixty-six, entitled, “an act establishing a school house in the town of New Bern, was read the third time, passed and sent to the Senate.

The Bill to prescribe the affirmation of Allegiance and Fidelity to this State to be taken by the people called Quakers, and for granting them certain indulgences therein mentioned, was read the third time, passed and sent to the Senate.

The Bill for altering the names of Joshua Taylor, Moses Taylor, Aaron Taylor, Mark Taylor and William Taylor to that of Joshua Sugg, Moses Sugg, Aaron Sugg, Mark Sugg and William Sugg, was read the third time, passed and sent to the Senate.

The Bill for enfranchising Ned Griffin, late the property of William Kitchin, was read the third time, passed and sent to the Senate.

The Bill for the relief of Sundry Inhabitants of Davidson County, whose names are therein mentioned, was read the third time, passed and sent to the Senate.

The Bill for clearing and opening the Navigation of Trent River in Jones County, was read the third time, passed and sent to the Senate.

The Bill for establishing a Town in Jones County on the lands of Thomas Webber and others, was read the third time, passed and sent to the Senate.

The Bill to amend an act entitled “an act for establishing a Town on the land of William Herritage at a place called Adkin’s Banks,

-------------------- page 662 --------------------
in Dobbs County,” was read the third time, passed and sent to the Senate.

The Bill to establish a Town on the lands of John Walker at a place called Deep Water Point, joining Fort Johnston on the river Cape Fear, in Brunswick County, was read the third time, passed and sent to the Senate.

The Bill for extending the Boundary line between the Counties of Pasquotank and Camden, and for allowing County Surveyors further time to make their returns, was read the third time, passed and sent to the Senate.

The Bill for annexing certain lands laid off by Thomas Respass, Esquire, to the Town of Washington, and for impowering the Commissioners to lay a tax on the Inhabitants of said Town, was read the third time, passed and sent to the Senate.

The Bill for establishing and laying out a Town in Richmond County, was read the third time, passed and sent to the Senate.

The Bill for appointing Commissioners in the District of Morgan, for erecting a Court House, prison and Stocks in the County of Burke for the use of said District, and for levying a Tax to compleat the same, also for laying out and establishing a Town in Burke County, was read the third time, passed and sent to the Senate.

The Bill for impowering the Court of Brunswick County to adjourn to the place which they shall think most convenient for holding the same, was read the third time, passed and sent to the Senate.

The Bill for ascertaining the fees of pilots at Ocracoke, Beaufort and Bogue Inlets, and for appointing Commissioners of Navigation for Bogue Inlet, was read the third time, passed and sent to the Senate.

Received from the Senate the accot. of John McKnit Alexander.

Endorsed, read and referred to the first Committee of Propositions and Grievances, which being read, was referred as by the Senate.

Received from the Senate the address of Mr. Hawkins, respecting Mr. Cist, printer of Philadelphia. Endorsed, read and referred to Mr. Coor, Mr. Jones and Mr. Macon.

Received from the Senate the Petition of Matthew Collins, which being read, was rejected.

The Petition of Ann Walker was read and referred to the first Committee of Propositions and Grievances.

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Resolved, That this House receive no Petitions or Memorials whatever, after this day.

Resolved, That His Excellency the Governor, be requested to prepare and lay before the next General Assembly and estimate of the debts due from this State to the Citizens thereof, particularly specifying the different kinds of assurances, the Interest they bear, and the time of payment; also an estimate of the advances made by this State, on account of the United States or any particular State, as far as the same can respectively be known.

Resolved also, That his Excellency the Governor, prepare and lay before the next Assembly an account of all the taxable property in this State, distinguishing the amount of each description, with the proceeds and application of the Revenues arising therefrom for the current year, and also an account of the number of Families in this State, particularly specifying their ages, sexes and professional employemnts, that the political faculties of the Community may be ascertained in order to prevent the State from being subjected to burthens above her proper proportions and abilities.

Resolved also, That he shall cause the collections, deficiencies and appropriations of the public revenues for the current year to be published in the Gazette in the month of May next.

The Memorial of James Emmet, late Superintendent for the District of Wilmington, was read and referred to the first Committee of Propositions and Grievances.

The Memorial of John Rice was read and referred to the first Committee of Propositions and Grievances.

Resolved, That the Sheriff of Nash County be and he is hereby impowered and required to receive from Colo. Thomas Hunter, of the said County, one Waggon and four horses which were furnished by two classes of men that were excluded from a Continental draught, but not received by the officer appointed for that purpose, and that he, on giving twenty days previous notice thereof, sell the said Waggon and four horses to the highest bidder for Specie Certificates and account with the Treasurer of the District for the same.

The Petition of sundry of the Inhabitants of Orange County complaining that William Ansley had been guilty of Malpractices in the execution of the office of the Justice of the Peace for the said County, was read and laid over until the next Assembly.

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The Bill for establishing a Court of Oyer and Terminer and General Gaol Delivery in the County of Davidson, was read the third time, passed and sent to the Senate.

Application being made to this Assembly in behalf of Benjamin Robeson, a Justice of the Peace of New Hanover, suspended from the executions of his office by virtue of an act of Assembly passed at Wake Court House, in the year 1781, that he may be restored to the exercises thereof.

Resolved, That the said Robeson shall be restored to the exercise of the office of a Justice of the Peace for the said County, it appearing to this Assembly that his taking a parole from the enemy was the consequence of an unvoluntary capture of his person.

Resolved, That the Comptroller be and he is hereby authorized and impowered to adjust & finally to settle all accounts between this State and the United States, with the Commissioner to be nominated by the Superintendent of the finances of the United States, agreeable to the resolutions of Congress of the 20th of February, 1782, and approved of by the delegates of this State attending in Congress.

Resolved, That the Comptroller and the Commissioner appointed and approved as hereinafter mentioned, in case any doubts should arise respecting the validity of any account exhibited on the part of this State, be and they are hereby impowered to appoint a third person, and they, or a majority of them, shall be and they are hereby impowered to adjust and finally liquidate the account, the validity of which is questioned.

Resolved, That the Comptroller in the execution of his duty herein directed, shall, in such matters of form as regard merely the stating of his accounts, proceed agreeable to his own discretion; but in all other matters and things concerning the settlement with the Commissioner, aforesaid, according to the following modes and principles. All accounts of Monies advanced, supplies furnished, or services performed by the Citizens of this State, shall be estimated according to the Table of Depreciation framed by the Continental Treasury Board of the 29th Day of July preceding, to the time the same is extended, and after by the scale of depreciation established by an act passed the last General Assembly.

Provided always, That specific supplies furnished pursuant to

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requisitions of Congress shall be settled agreeable to the prices mentioned in such requisitions.

Resolved, That the Delegates of this State attending in Congress be and they are hereby impowered to approve of any Gentlemen of the States of Delaware, Virginia, Maryland, South Carolina or Georgia, who shall be nominated by the Superintendant of the Finances of the United States, to settle the accounts between this State and the United States, and the Citizens of this State, Creditors of the United States.

Mr. P. Hawkins, from the Committee to whom was referred the Petition of David Johnston, Reported as follows, vizt.:

That it is the opinion of your Committee that the said David Johnston being rendered incapable of procuring himself subsistence, by reason of the loss of his arm in the service of his country, be allowed Twenty-four pounds to be paid into the hands of Col. Erwin by the Treasurer of Salisbury District and by him to be applied to the use of the said David Johnston.

PHIL. HAWKINS, Chmn.

The House taking the said report into consideration concurred therewith.

Mr. Phil Hawkins, from the Committee to whom was referred the Petition of Robert Christmas, Reported as follows, vizt.:

That your Committee finding the facts as stated in his Petition are true, are of opinion that he be allowed the sum of Twenty pounds, to be paid by the Treasurer of Hillsborough District to the said Christmas.

PHIL HAWKINS, Chmn.

The House taking the said report into consideration concurred therewith.

General Butler, from the first Committee of Propositions and Grievances, to which was referred a report of the Committee of the last Assembly dated the 15th May, 1783, on a message from his Excellency the Governor, relative to the Commissary General and Quarter Master General Department for the State, having taken the said report with the Governor’s Message and other papers relative thereto, into consideration reported as follows, vizt.:

-------------------- page 666 --------------------

That it appears to your Committee that the said departments had a legal establishment and existence, that the persons who have acted in the same, agreeable to the directions of the late Board of War, and were continued in office by the Supreme Executive ofthe State, are entitled to some allowance for the services by them performed; it is therefore the opinion of your Committee, that whereas, these services were similar to those of officers of the same rank in the Continental Army; and having reference to the Governor’s Message relative to the said services, the said late Commissary General for this State be allowed the same pay per month, as fixed by Resolve of Congress by a Deputy Commissary General of purchases for the Continental Army. And that the late Quarter Master General for this State be allowed the same pay per month, as fixed by Resolve of Congress to a Deputy Quarter Master General Continental for a State, and that their respective assistants and Clerks (not exceeding the number allowed them by the said late Board of War and the Supreme Executive) be allowed for the time only they were in actual service, the same pay as fixed by Resolve of Congress to persons acting in the same capacity in the Continental Army; provided always, they be not allowed any commission on purchases, receipts, or deliveries, nor any charges of cloathing, or Horse hiring; and provided, that the said assistants and Clerks shall produce an account upon oath and a satisfactory certificate from their respective heads of Departments of the time they have been by them employed, of their having finally closed and settled their accounts as directed by act of Assembly passed in May, 1782, and of what they may have received in part of their pay.

JOHN BUTLER, Ch.

The House taking the said report into consideration concurred therewith.

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


Saturday, 29 May, 1784.

The House met according to adjournment.

The Bill for appointing Commissioners for extending the Southern Boundary line of this State, was read the second time and rejected.

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

Received from the Senate the Report of the Committee on the accounts of Benjamin Hawkins, which being read was concurred with.

Received from the Senate the Resolve of this House directing the Sheriff of Nash County to take into his possession a waggon and four Horses, and the same expose to pulic sale, concurred with.

Received from the Senate the Memorial of James Emmet, and the Memorial of John Rice. Endorsed, read and referred as by the Commons.

Received from the Senate a resolve for extending the Resolution of the 23rd of April so as to include the Clerks of the several Boards of Auditors, which being read was concurred with.

Resolved, That James Coor, Spiers Singleton and John Council Bryan be, and they are hereby appointed Commissioners, for taking into their possession the State House and Buildings in New Bern, that they call on all persons indebted for rent of the rooms of the said buildings, and that they rent so many of the rooms that they may think necessary, and appropriate the rents due and which may become due, towards repairing the said Houses, so as to prevent their going further to decay, and that they account for their proceedings to the next General Assembly.

It being heretofore customary to allow the members of the Legislature for their travelling expenses one Day’s pay for every County they traveled thro’ to the place of holding the Legislature, a motion was made by Mr. Lenoir to change the mode and allow the Members by Mileage, and on the question will the House change the mode or not the yeas and nays were required, which were as follows, vizt:

Yeas—Messrs. Ferebee, Lucas, Cain, Oliver, Herritage, B. Jones, Clark, Dolvin, Sessums, Eborn, Ransom, McCulloch, Randal, Mayo, Hill, Person, McDonald, Kendal, Edmunds, Jordan, Skinner, Thomas, Conner, Reddick, Robins, Spruill, Cumming, Emmet, Hinton, Moy, Bonds, Brickel, Auld, Jackson, West, Starkey, Singleton, Shelton, Phifer, Wilson, A. Bryan, E. McLean and Smithwick.—43.

Nays—Messrs. Flowers, Gillispie, Gest, Sloan, Barringer, Carter, Lenoir, Franklin, Lytle, B. Hawkins, C. Robertson, McKissick, Speed, Lewis, Lock, Cage, Looney and Frohock.—18.

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General Butler, from the Committee of Propositions and Grievances delivered in the following reports, which being read were concurred with, vizt.:

Read the Petition of Stephen Cole, praying an allowance for his attendance as a witness for the State at the Superior Court held for Hillsborough District, April Term, one thousand seven hundred and eighty-three, against Frederick Smith, and also for his attendance at October Term following, held for the said District, as a Witness in behalf of the State against Isaac Smith alias Collier; both being found guilty of murder and executed. It is the opinion of your Committee that the Treasurer for the District of Hillsborough be directed to pay him the sum of six pounds twelve shillings and eight pence as per certificate obtained from the Clerk of the said Court.

Read the Petition of Durham Hall, praying an allowance for sundry specific articles he furnished the State Troops while under the command of Major Crafton, are of opinion that the auditors be directed to allow for the same agreeable to his vouchers.

Read the Petition of Baker and Blow, praying an allowance for six hundred and ninety-nine gallons of Rum at Ten Shillings and Eight pence per gallon, which was impressed by Colonel Hardy Murfree agreeable to the orders of His Excellency Governor Nash and Council, for the use of the United States, which said Rum was the property of Samuel Haynes, merchant of Santa Croix, and by him consigned to the said Baker and Blow, three hundred and seventy-two pounds sixteen shillings. And also two hundred and ten half gallons at ten shillings and eight pence per gallon, one hundred and six pounds Eighteen shillings and Eight pence; and one hundred and seven and one-half Gallons at thirteen shillings and four pence per Gallon, Seventy-one pounds thirteen Shillings and four pence; and One Hundred and five Gallons at Twelve Shillings per Gallon, Sixty three pounds; amounting in the whole to six hundred and fourteen pounds eight Shillings, it is the opinion of your Committee that the Treasurer of Edenton District be directed to pay to him the said sum. Your Committee further report that the Auditors of Edenton District be directed to grant the said Baker and Blow a Certificate of one hundred and one pounds three shillings four pence for six Bolts of canvass and two bolts of Oznaburgs, by them furnished for

-------------------- page 669 --------------------
the use of the United States, and that the Auditors take up the Certificate granted to the said Baker and Blow for the sum of Eight hundred and Seventy-nine pounds Eleven shillings and four pence.

Having considered the account of Green Hill, Esquire, Treasurer of Halifax District, are of opinion that he be allowed for travelling to the place appointed for the rendezvous of the twelve months men in order to pay their bounty, three pounds thirteen Shillings and four pence, for filling up and signing three hundred and twenty certificates, and delivering out two hundred and thirty-nine at sundry times and places, sixteen pounds sixteen shillings and eight pence for travelling to and from and ten days attendance at Hillsborough, May Session, one Thousand Seven Hundred Eighty three pounds fourteen shillings. For travelling to and from Halifax eight times on the business of the new Money twenty-four pounds. For his expenses, attendance, receiving risque and paying away the late emission, Seventy-five pounds; for Travelling to and from, and attendance at the present session, nineteen pounds: which sums, amounting to one hundred and fifty-two pounds, to be allowed him in the settlement of his accounts with the public.

JOHN BUTLER, Chmn.

Having considered the Petition of Robert Hogg’s Executors it appears that in one thousand seven hundred and seventy-six the Continental Troops while at Wilmington under the command of General Moore, made use of Twelve Thousand feet of plank, the property of the said Hogg; and that the Militia at the same time under the command of General Ashe, made use of twelve thousand Feet, also the property of said Hogg. It is the opinion of your Committee that they be allowed the sum of five pounds per thousand for the said plank and that the Auditors be directed to grant a Certificate for the same.

JOHN BUTLER, Chmn.

A report on the recommendation of the Court of Granville County in favour of Susannah Allen, was read & ordered to lie on the Table.

Received from the Senate a Resolution of that House of the 24th Inst. for making up the estimate to include this day, which being

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read was rejected; whereupon, the following Message was ordered to be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose that the estimates of the present session be made up to Wednesday next, inclusive, and that the allowance to each member for everyday’s attendance be Twenty Shillings and that the members from Davidson County be allowed Twenty pounds extraordinary each on account of the great distance they have to Travel.

Ordered that the following message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose that the Petition of Richard Cogdell, Esqr., which was reported upon early in this session, be referred to the first Committee of Propositions and Grievances.

Received from His Excellency the Governor, the following message:

To the Honourable the General Assembly:

Gentlemen:

It is the sense of the Honbl. the Legislature that the late intended Treaty with the Cherokees should be still conducted under direction of the Executive, I request that the Treasurers be directed to pay out of the collection of the taxes of the year 1783 the sum allotted by act of Assembly to defray the expenses that will accrue in holding said Treaty, that money not being retained out of the late Emission in the Halifax Treasury. As waggons are ready to proceed with the Indian Goods to the place destined for this purpose as soon as money can be advanced to the owners for their travelling expenses.

Ordered that this Message be referred to a joint Committee, and that Mr. Hawkins, Mr. Blount, Mr. Davie and Mr. Hooper be a Committee on the part of this House for that purpose.

Resolved, That the Certificate issued to the Executors of Thomas Burke, Deceased, for one hundred and twenty pounds be endorsed with the following words, vizt.: “The Treasurer or either of them are required to pay the within mentioned sum and the Treasurer paying the same shall be allowed therefor.”

Received from the Senate a Resolve for exempting Abel Pocock

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from the payment of Poll Taxes, which being read was concurred with.

Received from the Senate the Petition of Margett Wall. Endorsed, 29 May, read & referred to the second Committee of Propositions and Grievances, which being read was referred as by the Senate.

Resolved, That his Excellency the Governor, be requested to issue a warrant to William Dickson, Esquire, for two hundred and nine pounds one shilling and four pence; a Warrant to John King, Esquire, for ninety seven pounds nine shillings and four pence; to Thomas Rutledge, Esquire, for one hundred and sixty-six pounds five shillings and four pence, being balances due upon Certificates granted them in March last by the Comptroller of this State for services performed as Auditors of Wilmington District; and to Plunkett Ballard, Clerk of the Board, a Warrant for the Sum of Sixteen pounds nine Shillings and four pence, being a ballance due upon his Certificate, and that the Treasurer of Wilmington District advance them the above sums upon the warrants which, together with the Certificates aforesaid, shall be sufficient vouchers for him in the Settlement of his public accounts.

The Bill to amend and reduce to system the Confiscation Laws now in force in this State was read the first time and rejected.

On the question shall this Bill pass or not, Mr. Hooper required the Yeas and Nays which are as follows, vizt:

Yeas—Messrs. Flowers, Stone, Gillispie, Sessums, McCulloch, Person, Hooper, Butler, Harvey, Conner, Robins, A. Maclaine, Emmett, Lytle, B. Hawkins, Hinton, I. Moore & Winslow.—18.

Nays—Messrs. Ferebee, Lucas, Cain, Oliver, Lennard, Herritage, Payne, B. Jones, Clark, Dolvin, E. Robertson, White, Eborn, Ransom, Randal, Mayo, Hill, McDonald, Gist, Stone, Kendal, Edmunds, Pickett, Moy, Jordan, Skinner, Thomas, Reddick, Barringer, Spruill, Lewis, Lenoir, Franklin, Bloodworth, Montfort, C. Robertson, W. Blount, Shepperd, Brickell, Bonds, McKissick, Speed, Aulds, Jackson, West, Starkey, Singleton, Shelton, Lock, Phifer, Cage, Looney, A. Bryan, Frohock, Wilson, Nash, Atkinson, W. Bryan, Davie, E. McLean, Galloway and Smithwick.—62.

Ordered that the Bill be entered on the Journal at large.

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A Bill to amend and reduce to system the Confiscation Laws now in force in this State.

Whereas, by Laws of this State now in force all the Lands, Tenements, and Hereditaments, Negroes and other Estates, real and personal which were on the fourth day of July in the year of our Lord one Thousand seven hundred & seventy-six, and at any time since, the property of the following persons, to-wit: William Tryon and Josiah Martin, Esquires; Sir Nathaniel Duckenfield, Henry Eustace McCulloch, Henry McCulloch, Samuel Cornell and Edmund Fanning, Thomas McKnight, late of Currituck County, James Parker, William McCormick, James Dunlap, Neale Snodgrass and John Lancaster, late of Pasquotank Co., James Green, mariner, and John Alexander, late of Craven, Thos. Oldham, late of Chowan, Thomas Christie, of the Kingdom of Ireland, Frederick Gregg, late of New Hanover, Andrew Mille., Alexander Telfair, Hugh Telfair, John Thompson, Jno. Hamilton, Archibald Hamilton late of Halifax, Geo. Alston, late of Granville, Michail Wallace, John Wallace, late of Va., Merchants William Field, John Field junior, and Robert Turner late of Guilford, John Moore late of Tryon, James Roberts late of Surry, George Miller late of Dobbs County, James Cotten, Walter Cunningham, Samuel Williams late of Anson, Samuel Bryan, William Spirgen, Matthias Sappenfield late of Rowan, William McLean late of Edgecomb, Messrs. Dinwiddie Crawford and Company late of Bute County, Robert Palmer late of Beaufort, Edward Brice Dobbs, Ralph McNair, John McNair, Joseph Field, James McNeil, Archibald Molloy, Alexander McCoy, Neil McArthur, John Legget, John McLoud, Collin Shaw, William Campbell, James Gaunt and Company, Thomas Rutherford, William Rose, Alexander McCoy, Messrs. Waller and Bridgen merchants in London, Alexander McAuslin, late of New Bern, Alexander Campbell, Robert Bell, & Duncan Campbell late of Granville County, Francis Williamson late of Currituck County, Chansey Townsend, Doctor Tucker late of Wilmington, and Buchanan Haster and Company, James McNeil late of Halifax County, and Alexander Munn late of Wake County, are forfeited and confiscated and ordered to be sold to and for the use of the State; And also, whereas, the Estates of others of certain descriptions set forth in the said laws, are declared to be confiscated and ordered to be sold for the use of the State, in consequence whereof

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a considerable part of the property of the above named persons and others hath already been sold in conformity to the said laws.

Be it therefore, enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That all Sales bona fide made in conformity to and by virtue of the said laws or any of them, shall inure and be held good and valid in law to vest the property so sold in their purchasers, their Heirs and assigns, respectively, to every intent and purpose whatsoever.

And whereas, some part of the property of the persons above named and described, or some of them, still remains vested in the State unsold; And whereas, Peace and harmony hath been established between the United States and Great Britain, in order that the said Laws may be perfectly consistent not only with Justice and Equity, but with that spirit of conciliation which on the return of peace should universally prevail,

Be it enacted by the authority aforesaid, that so much of the estates of the above named and described persons, respectively, as now remains vested in the State, except such part as was the property of —— be restored to and vested in them, their heirs and assigns, and the same is hereby restored to, and vested in them, their Heirs and assigns; on this express condition, that they, their Heirs or assigns do, within —— years after the passing of this Act become Citizens of this or some one of the United States, or shall within that period bona fide sell and convey the said estates and property to some person or persons Citizens of and residents in this State, and if any of them shall fail or neglect to comply with the above conditions, or one of them, then the Estates of such persons so failing or neglecting shall escheat to this State, and on an Inquisition of office found shall be disposed of in such manner as shall be directed by the General Assembly.

Provided nevertheless, that nothing in this act shall be deemed or construed to restore to or vest in the late Lords Proprietors or either of them, their heirs or either of their heirs or assigns, any proprietary or Territorial Claim or rights to this State or any part thereof, in any manner whatsoever.

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Received from His Excellency the following message, dated the 25th Inst.:

To the Honourable the General Assembly: Gentlemen:

When the administration devolved upon me as Speaker of the Senate, I was importuned by some of the officers of the North Carolina Line, then in great distress in the Southern Army, to procure for them cloathing and camp necessaries, with this information, that unless they were soon relieved they would not be able to keep the field; I made their case known in person to the Merchants of Edenton District where supplies were only to be had at that time in the State; who with a generosity equal to their patriotism contributed immediately to their relief, receiving no other satisfaction for their goods but the faith of the State, then in low credit, which was pledged to them for payment when its exigencies would permit. On my appointment to the Government these Gentlemen early called my attention, I drew warrants in their favour on the Treasurer and County Commissioner of that District to the amount of their account, some of which I am informed are paid, and others remain unpaid. As the present Money was particularly appropriated last year, the Treasurers are not bound to answer the warrants of the preceding without your consent. I have to request that your Honourable body will consider the cases of the Gentlemen not satisfied, and order such payment as you think proper for which the officers aforesaid were to be accountable to the State.

ALEX MARTIN.

Ordered that this Message be referred to the first Committee of Propositions and Grievances.

Ordered that Mr. Butler and Mr. Jackson have leave of absence until Monday next.

The Bill to repeal such of the Laws of the State as are inconsistent with the Treaty of Peace between the United States and his Brittanic Majesty, was read the first time and rejected.

On the question shall this Bill pass or not, the Yeas and Nays were required by Mr. Hooper which are as follows. vizt.:

Yeas—Messrs. Flowers, Oliver, Stone, Gillispie, Sessums, P. Hawkins, McCulloch, Person, Sloan, Hooper, Edmunds, Butler,

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Harvey, Thomas, Conner, Robins, A. Maclaine, Cumming, Emmett, Bloodworth, B. Hawkins, C. Robertson, Hinton, Brickell, West, Starkey, Shelton, Looney, Frohock, Winslow, Davie and E. McLane.—32.

Nays—Messrs. Ferebee, Lucas, Lennard, Herritage, B. Jones, Clark, Eborn, Ransom, Randal, Mayo, Hill, Gist, Kendal, Moy, Jordan, Skinner, Riddick, Barringer, Spruill, Alford, Montfort, W. Blount, Shepperd, Bonds, McKissick, Speed, Jackson, Singleton, Lock, Phifer, Cage, A. Bryan, Wilson, Nash, Atkinson, W. Bryan and Smithwick.—37.

Ordered that this Bill be entered on the Journal which is as follows, vitz.: A Bill to repeal such of the Laws of this State as are inconsistent with the Treaty of Peace between the United States and his Britannic Majesty.

Whereas, the definitive Treaty executed at Paris the third day of September, in the year of our Lord one thousand seven hundred and eighty-three, peace and amity are restored to and established between fore that all doubt may be removed, and nothing may intervene to ob- the United States of America and his Britannic Majesty; and whereas, many of the Laws of this State now in force are incompatible and inconsistent with the interest, spirit and meaning of the fourth and sixth articles of the said Treaty whereby doubts may arise in the administration and Government of this State. In order therefore all doubts may be removed, and nothing may intervent to obstruct or delay the operation of the said fourth and sixth articles of the Treaty according to the true intent, spirit and meaning of the same,

Be it enacted by the General Assembly of the State of North Carolina, and it is hereby Enacted by the Authority of the same, that all and every act of the General Assembly, and every part and clause of any act of the General Assembly or so much thereof as contradicts or contravenes the said fourth and sixth Articles of the Treaty, and not otherwise, be and the same are hereby repealed, made void and of no effect in any manner whatsoever.

The Bill to oblige the Creditors of this State, being Citizens thereof, to render a State of their demands within a limited time, was read the Second time, passed and ordered to be engrossed.

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The Bill for levying a Tax in the County of Beaufort, &c., was laid over until the next session of the Assembly.

The Bill for repairing the public buildings in the County of Northampton, and appointing Commissioners for that purpose was read the second time, passed and sent to the Senate.

Mr. Auld, who had leave to withdraw for amendment the Bill for altering the time of holding the County Court of Pleas and Quarter Sessions in the Counties of Montgomery, Richmond, &c., delivered in the same.

The Bill for the restraint of idle and disorderly persons was read the second time, passed and sent to the Senate.

The Bill to impower the County Surveyors to make Surveys and returns in the manner therein mentioned, was read the second time, passed and sent to the Senate.

The Bill for erecting Public Buildings for the use of the State was read the second time and rejected.

The Bill for the relief of such persons who have, through misapprehension, entered their lands in a different County from that wherein they live, by which means they are deprived of a legal title, was read the second time, amended, passed and sent to the Senate.

The Bill for altering the line between the Counties of Lincoln and Burke and appointing Commissioners to fix on a convenient place in the said County of Lincoln to erect the public buildings of said County, was read the second time, passed and ordered to be Engrossed.

The Bill to amend an act entitled “an act for ascertaining what property in this State shall be deemed Taxable property, the method of assessing the same and collecting public Taxes,” was read the second time, passed and ordered to be engrossed.

On the question shall this Bill pass or not, the yeas and nays were required by Mr. Phil. Hawkins, which are as follows, vizt.:

Yeas—Messrs. Ferebee, Lucas, Oliver, Stone, Herritage, B. Jones, Gillispie, Dolvin, Sessums, McCulloch, Randall, Mayo, Eborn, Gist, Sloan, Hooper, Edmunds, Harvey, Conner, Barringer, Spruill, A. Maclaine, Cumming, Carter, Emmett, Sitgreaves, Lytle, B. Hawkins, W. Blount, Shepperd, Moore, Brickell, McKissick, Auld, Starkey, Shelton, Lock, Phifer, A. Bryan, Wilson, Nash, Winslow, W. Bryan, and E. McLean.—44.

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Nays—Messrs. Lenard, Clark, E. Robertson, P. Hawkins, Ransom, Hill, Person, McDonald, Kendall, Pickett, Moy, Jordan, Thomas, Reddick, Robins, Alford, Lenoir, Franklin, Bloodworth, C. Robertson, Hinton, Bond, Speed, Lewis, West, Singleton, Cage, Looney, Frohock, Atkinson, Galloway and Smithwick.—32.

Received from the Senate the Resolve for endorsing the Certificate issued to the Executors of Thomas Burke, Decd., the Report of the Committee on the Petition of David Johnston and the report on the Petition of Robert Christmas, respectively concurred with.

Received from the Senate the following message:

Mr. Speaker & Gentlemen:

We consent that the Petition of Richard Cogdell, Esquire, be referred to the first Committee of Propositions and Grievances, as you proposed.

Received from the Senate the Message from His Excellency the Governor. Endorsed, read and referred to Mr. Jones, Mr. Macon and General Rutherford.

The Bill for repealing an act of the last General Assembly intitled “an act 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 purpose of appointing a Salary and fees for the Attorney and Solicitor and other purposes, and for allowing fees to Attorneys who may hereafter prosecute in the respective Counties in this State and for regulating the proceedings on presentments and indictments,” was read the third time, passed and sent to the Senate.

The Bill for appointing a public printer and directing his duty in office, was read the third time, passed and sent to the Senate.

The Bill for extending the dividing line between the Counties of Edgecombe and Martin, and between the Counties of Martin and Pitt, was read the third time, passed and sent to the Senate.

The Bill for the promotion of learning in the District of Hillsborough and to amend an act for establishing an academy in the neighborhood of Hillsborough, was read the third time, passed and sent to the Senate.

The Bill to amend an act passed at Hillsborough in the year 1783, intitled, “an act for emitting one hundred thousand pounds for the year 1783, for the redemption of the Currency now in circulation

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and advancing to the Continental Officers and Soldiers part of their pay and subsistance, and for laying a Tax and appropriating the Confiscated property for the redemption of the money now emitted,” and also an act passed at Hillsborough in the year 1779, intitled “an act for punishing persons concerned in any of the several Species of the Counterfeiting in this State, to prevent the counterfeiting of certificates issued by public authority and to subject persons guilty of counterfeiting the Bills of Credit of this State, in any of the neighboring States to the same punishment as if the offence had been committed in this State,” was read the third time, passed & sent to the Senate.

The Bill vesting certain powers therein mentioned in the United States in Congress assembled, was read the third time, passed & sent to the Senate.

The Bill for altering the times of holding the annual Elections and annual Assemblies and directing the manner of Electing annual officers for the succeeding year, was read the third time, passed and sent to the Senate.

The Bill to encourage Benjamin Smith to repair and compleat the Bridges and Causeway through the great Island opposite Wilmington, was read the third time, passed and sent to the Senate.

The several Matters to this Day referred being postponed the House adjourned till Monday Morning 6 o’clock.


Monday, 31 May, 1784.

The House met according to adjournment.

Mr. William Bryan, from the Committee to whom was referred the Petition of Colo. Joseph Leech, Reported as follows:

That it appears to your Committee that Colo. Leech was appointed State Commissary of Prisoners by the General Assembly the 29th Day of April, 1780, and that he was by said appointment to receive the same pay and allowances as an officer of the like rank in the Continental Department, which was forty Dollars per month and three rations per day; the said Leech continued in the said appointment till the 12th Day of April, 1783, when Hostilities ceased between the United States and Great Britain, amounting to Thirty-five Months and Thirteen Days, which amounts to Fourteen hundred and Eighteen Dollars, and two Thousand nine hundred and twenty eight rations, at eight pence each, amounting to two hundred and forty-four

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Dollars, which two sums amounting to six hundred and sixty-four pounds sixteen shillings Specie, your Committee are of opinion ought to be allowed to said Leech for his services, and that the Auditors of the District of New Bern be directed to issue a certificate to him for that sum. All which is submitted.

WM. BRYAN, Chmn.

The House taking the said report into consideration concurred therewith.

Received from the Senate the Message from His Excellency the Governor, of the 25th Inst. Endorsed, referred as by the Commons.

Received from the Senate a Resolution requesting his Excellency the Governor, to issue warrants on the Treasurer in favour of the Auditors & Clerks as therein mentioned, concurred with.

Received from the Senate the following Reports of the Committee of Propositions and Grievances, Concurred with, vizt.:

On the Petition of Stephen Cole; on the Petition of Durham Hall; on the Petition of Baker and Blow, and on the recommendation of the County Court of Granville in favour of Susannah Allen.

Read the Petition of Thomas Person, which was referred to Mr. Sitgreaves, Mr. Winslow, Mr. Galloway & Mr. Gillispie.

Read the Petition of John Taylor. Ordered that it be referred to the Committee to whom was referred the Petition of Thomas Person.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We consent to your Proposition, in every respect in regard to the making out the Estimate of allowances to the members for attending on the present Session of Assembly, and propose that the members who attended last Fall, shall have and receive the like daily allowance with those who attend the present Session.

Ordered that the following be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree that the members who attended in October last, shall be allowed the same pay for their daily attendance as those attending on the present Session.

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Resolved, That James Gillispie, Esquire, be allowed the sum of Twenty-five pounds for his extraordinary expence and trouble, in superintending the engraving the devices and margins of the late emission of Money, from the first of July to the third of August, that the Treasurers or either of them pay him the same and be allowed.

The Bill to encourage Subjects of Foreign States to lend money at Interest on real Estate within this State was read the second time, passed and ordered to be engrossed.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

It is the sense of this House that the Report of the Committee on the accounts of Mr. Hill, Treasurer of Halifax District, should be concurred with as it originally stood; they therefore recommend that the House of Commons reconsider the amendments by them made therein.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

This House cannot concur with the report of the Committee on the accounts of Mr. Hill, Treasurer, &c., as it originally stood, but will agree to an allowance of seventy pounds for the services therein alluded to.

Resolved, That the Governor be and he is hereby authorized, impowered and required to grant warrants from time to time on either of the Treasurers for the salaries of the delegates of this State attending in Congress, payable in Philadelphia or in this State, at the option of the Delegates, out of the monies raised for 1783 or 1784.

Resolved, That the Delegates of this State be, and they are hereby instructed so to regulate their attendance in Congress as that this State may, during the sitting thereof, be represented by three Delegates and no more; and in case they do not otherwise agree the three first named in Commission shall attend at the annual meeting, and shall be relieved by the others at the expiration of six months, or sooner or later, as the Delegates may judge proper; always having regard to the intentions of the Legislature as to the number constantly attending.

Received from the Senate the Petition of John Taylor. Endorsed, read and referred by the Commons. Also the Petition of

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Thomas Person. Endorsed, read and referred to Mr. Irwin and Mr. Everagin.

Received from the Senate the Resolve authorizing the Comptroller to adjust and finally settle the accounts between this State and the United States, &c., and the Report of the Committee on the Petition of Joseph Leech, Esqr., respectfully concurred with.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

It is the sense of this House that the Act for altering the times of holding the annual Elections and Assemblies should be copied, one copy for each County in the State, and to effect this purpose we have directed our Clerk to employ persons to make out Copies thereof and wish the Senate to give their Clerk similar directions.

Received from the Senate the Resolve directing his Excellency the Governor, to grant warrants in favor of the Delegates from this State, Concurred with.

Received from the Senate a Resolve directing the Clerks of the General Assembly to enter in a Book the names of the Acting Justices in the several Counties in this State, and a Resolve founded on the representation of the Comptroller relative to the settlement of the public accounts, which being read, were concurred with.

On reading for the second time the Bill to amend an act intitled “an act for opening the Land Office, &c.,” the following was proposed as an amendment & objected to, vizt.:

And whereas, many Grantees neglect to take up their Grants out of the Secretary’s office after such Grants are compleated, much to the injury of the Secretary of the State, which may in part be owing to the great distance the office is unavoidably situated from the Grantees; for a remedy whereof, Be it enacted, that if the Secretary shall send patents in future to any person in the County where such grantee or grantees shall reside, and shall cause notice to be given of the arrival of such Grants in the County aforesaid, at the Court House, for three months immediately succeeding such arrival, then it shall be Lawfull for the Secretary, or his agent, to demand and receive one Shilling for each patent for each month that it shall remain in the office, above three, over and above the present fees of

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the office, and neither the Secretary nor his agent shall be charged with misconduct in office for refusing to issue any grant until the above fees are paid; provided, that nothing herein shall extend to Lands west of the Apalachian Mountains; And provided further, that nothing in this act contained shall affect a survey of Two Thousand Acres of Land made for David Wilson, Esquire, by the Surveyor of Greene County.

On the question will the House receive this as an amendment or not, the yeas and nays were required by Mr. Lenoir, which are as follows, vizt.:

Yeas—Messrs. Ferebee, Oliver, Stone, Herritage, W. Bryan, Dolvin, E. Robertson, White, Sessums, Eborn, McCulloch, Pickett, Butler, Thomas, Riddick, Barringer, Spruill, Alford, Jones, Sitgreaves, Bloodworth, B. Hawkins, W. Blount, Hinton, Brickell, Bond, McKissick, Auld, Jackson, Shelton, Lock, A. Bryan, Frohock, E. McLean, Galloway, and M. Payne.—36.

Nays—Messrs. Lucas, Lennard, Clark, Gillispie, Hill, Person, Gist, Sloan, Kendal, Carter, Lenoir, Franklin, Emmett, C. Robertson, Speed, Lewis, Singleton, Cage, Loony, and Wilson.—20.

The Bill for repealing part of an act, passed at Hillsborough in May, 1783, intitled “an act for opening the Land Office for the redemption of Specie & other Certificates, and discharging the Arrears due to the Army,” was read the second time, passed and ordered to be engrossed.

The Bill to impower the Entry Takers of the Several Counties in this State to issue Warrants for Lands heretofore entered, & for which warrants have not been Granted, was read the second time, passed and sent to the Senate.

The Bill for the more speedy and effective recovery of slaves, and other species of property therein mentioned, Clandestinely detained from their owners, was read the second time and rejected.

The Bill to prevent doubts as to the right of Sovereignty and Jurisdiction in and over the Territory lying West of the Apalachian Mountain, for shutting the land office, and for indemnifying John Armstrong, Esqr., Entry Taker, against vexatious suits for his conduct in office, was read the second time, passed and ordered to be Engrossed.

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Ordered that the following Bills lie over until the next Session of Assembly, vizt.:

A Bill for erecting part of the Counties of Sullivan and Greene into a distinct County.

A Bill for prescribing the mode of assessing all that Tract of Country included within the boundary line between this State and the Cherokee Indians.

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

A Bill for appointing certain persons therein named to revise all the Laws now in force in this State.

A Bill for docking the entail of certain Lands therein mentioned & vesting the same in fee simple in Charles Guilmore and William Hendrie and William Jones.

The Bill to amend an act intitled “an act for purchasing a Lot or Lots in the Town of Wilmington for the purpose of building a gaol for the District of Wilmington & for other purposes & for repairing the Court House of the said District,” was read the second time, passed and sent to the Senate.

The Bill to amend an act intitled “an act for opening the Land office for the redemption of Specie and other Certificates & for discharging the arrears due to the Army,” was read the second time, amended, passed and sent to the Senate.

Ordered that the Bill to vest the title of certain lands therein mentioned in William Gilbert Gray, be laid over until the next Assembly.

The Bill to impower the Executors of John Bowman, deceased, to pay into the Treasury such sums of money as he received for the public as Sheriff of Burke County, without Depreciation, was read the second time, passed and ordered to be Engrossed.

The Bill to describe the Lands granted to Major General Nathaniel Greene, and to confirm the title thereof in the said Nathaniel Greene, his heirs and assigns, forever, was read the second time, passed and ordered to be Engrossed.

Ordered that the Bill to amend an act for ascertaining what property in this State shall be deemed Taxable property, the methods of assessing the same, and collecting public Taxes.

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The Bill investing the United States in Congress assembled with a power to levy a Tax for the purpose therein mentioned, and

The Bill for levying a Tax for the support of Government, and for the redemption of old paper currency, specie and other certificates, be read to-morrow.

Mr. Phil. Hawkins, from the Committee to which was referred the Petition of Memucan Hunt, Treasurer of Hillsborough District, Reported as follows, vizt.:

That it is the opinion of your Committee that Memucan Hunt be allowed this account as follows:

To settling with the Sheriffs, Entry Takers and Taxes for 1780 & 1781, Seventy-five pounds; To Waggon, &c., for bringing public papers from Virginia, three pounds; To storing and taking care of the public papers two and a half years, Twelve pounds Ten Shillings; To waggoning the public papers and old money to Hillsborough, five pounds; To attendance at Hillsborough with the Continental and State Money and Traveling, Twenty-three pounds; To going to and returning from Halifax to receive the new money, four pounds thirteen Shillings & four pence; To going to and returning from Green Hill’s to receive the said money, two pounds thirteen shillings and four pence; attending at Hillsborough with the Old Continental and State Currency, and including three days for his going to and from Hillsborough at Twenty Shillings per Day, Sixty-two pounds, amounting in the whole to one hundred and Eighty-Seven pounds Sixteen shillings and eight pence; all which is submitted.

The House taking the said report into consideration Concurred therewith.

PHIL. HAWKINS, Chmn.

The Bill to impower Commissioners therein mentioned to repair the public buildings in the Town of Hillsborough, was read the second time and rejected.

Received from the Senate the Report of the Committee relative to the Commissary General and quarter masters department, and the report of the Committee on the accots. of Green Hill, and the Resolve of this House allowing James Gillispie Twenty-five pounds, respectively concurred with.

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Mr. Phil. Hawkins, from the Committee to whom was recommitted the Report of the Committee on the Petition of William Moore, delivered in a report, which being read was rejected, whereupon,

Resolved, That the Commissioners of Confiscation for Hillsborough District proceed immediately to state his Accounts with the Comptroller and therein shall specify what certificates he has received, of what kind, of whom, and to what Credit they are by the said Commissioner intended to be applied; also what Monies he has received, how and for what, and from whom; what bonds, and with respect to the latter shall specially set forth names signed, quality of money when and how payable, and such account so adjusted by the Comptroller shall be deemed a statement and not a settlement, and shall be reported to this House for them to make proper order thereon.

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


Tuesday, 1 June, 1784.

The House met according to adjournment.

The Committe appointed to examine the accounts and vouchers exhibited by Messrs. Jones and Montfort, and Montfort and McCulloch, Commissioners for liquidating the accounts of the Officers and Soldiers of the Continental line for services prior to 1st January, 1782, Report:

That the said Jones and Montfort acknowledge to have received from Mr. Hill, Treasurer of Halifax District, the sum of Seventy-two Thousand pounds which is credited in their account, and that they produced vouchers for the debits in the same account for cash paid to sundry officers and soldiers, as by Law directed, to the amount of fifty Thousand nine hundred & Eighty-five pounds, Eighteen Shillings and five pence, and also vouchers for the certificates issued, corresponding with the several sums paid to each individual officer and soldier. That the said Jones and Montfort have debited the State, in their account aforesaid, a Commission of one half per cent. for the trouble and risque of paying out the sum of fifty Thousand nine hundred & eighty-five pounds, Eighteen Shillings and five pence in manner above mentioned which amounts to

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two hundred & fifty-four pounds Eighteen shillings and seven pence. That they have also debited for Seventy-seven days attendance as Commissioners on actual duty at twenty-four shillings per day, each, Ninety-two pounds Eight Shillings, which added together makes one hundred & Eighty-four pounds Sixteen Shillings, and that they likewise produced a receipt from Messrs. Montfort & McCulloch for the sum of Twenty Thousand five hundred & seventy-four pounds seven Shillings, all which debits added together amounts to Seventy-two thousand pounds and ballances the account of the said Jones and Montfort. Your Committee therefore report as their opinion that the debits for Cash paid by the said Jones and Montfort, and for their attendance, are properly supported and that the debit of one half per cent. commission is reasonable and ought to be allowed.

On the accounts and vouchers exhibited by Messrs. Montfort and McCulloch, subsequent to the resignation of Mr. Jones as Commissioner, which took place on the ninth of October, 1783, your Committee report: That said Montfort and McCulloch have credited the State in their account for the sum of Twenty Thousand five hundred and seventy-four pounds, seven shillings, being the ballance on hand at the close of Messrs. Jones and Montfort’s accounts. That they have produced vouchers for the debits in their account for cash and paid to sundry officers and soldiers, as by Law directed, to the amount of Nineteen thousand Seven hundred and seven pounds, nineteen shillings and five pence. To Thomas Davis (printer) for blank Certificates, nine pounds six shillings and eight pence. To Thomas Davis (Clerk) for copying Journal, fifteen pounds. To James Watson for cartage of papers to Hillsborough, three pounds Ten Shillings. To William White, for copying Journal, three pounds. To John Craven, for his services as Clerk, two hundred and ten days at Twenty-four Shillings, two hundred and fifty-two pounds; and to Abishai Thomas for his services as Clerk one hundred and ten days at twenty-four Shillings, one hundred and thirty-two pounds; which several sums added together make Twenty thousand and twenty-two pounds, sixteen Shillings and one penny; and Also, vouchers for the Certificates issued, corresponding with the several sums paid to such individual officer and soldier. That the said Montfort and McCulloch have likewise debited

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the State, in their account aforesaid, a commission of one half per cent. for the trouble and risque in paying out Twenty Thousand and Twenty-two pounds, Sixteen shillings and one penny in manner above mentioned, which amounts to one hundred pounds two Shillings and three pence. For office rent, firewood, paper, Ink, &c., Sixty pounds. For one hundred and sixty-three days attendance of Mr. Montfort as Commissioner, on actual duty, at Twenty four Shillings, one hundred and ninety-five pounds, Twelve Shillings, and for thirteen days attendance of Mr. McCulloch as Commissioner, on actual duty, at Twenty-four Shillings, Fifteen Pounds twelve Shillings, which being added to the above sum of Twenty Thousand and Twenty-two pounds, Sixteen Shillings and one penny, makes in the whole Twenty Thousand three hundred and ninety-four pounds two Shillings and four pence and leaves a balance of one hundred & Eighty pounds four Shillings & eight pence in the hands of the said Montfort and McCulloch. Your Committee are therefore of opinion that the whole of the charges are properly supported and ought to be allowed, and that the balance of one hundred & Eighty pounds four Shillings & Eight pence aforesaid, now in their hands, ought to be applied in payment of accounts which remain unliquidated, and accounted for by them at a future settlement. And further, Your Committee are of opinion that the said Commissioners ought to be directed to deliver to the Comptroller all the accounts as settled, aforesaid, together with duplicates of the Journal of their proceedings and receipt book.

WM. BLOUNT, Chmn.

The House taking the said report into consideration concurred therewith.

The Bill to amend an act intitled “an act for ascertaining what property in this State shall be deemed Taxable property, the method of assessing the same and collecting Public Taxes,” was read the third time, passed and sent to the Senate.

Read the resignation of James Brown, justice of the peace for Guilford County, which was accepted.

Whereas, Frederick Jones, William Purviance, James Giekie, Sampson Moseley, Samuel Swann, Thomas Davis, John Ashe and Frederick Simpson, Justices of New Hanover County, have been

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suspended respectively from the exercise of their offices upon a supposition that they voluntarily were captured and receivel Parols from the British forces while in the vicinity of Wilmington; and whereas, the contrary presumption, from a variety of concurring circumstances is strong. Resolved therefore, That the said Francis Jones, and the others above mentioned, shall be respectively restored to the exercise of their offices, and that all obstacles thereto shall be and are hereby removed.

The Bill to amend an act intitled “an act for ascertaining what property in this State shall be deemed Taxable property, the method of assessing the same and collecting public Taxes,” was read the third time, and on the question shall this Bill pass, the third time or not, it was objected to & carried in the affirmative, whereupon, the yeas and nays were required, which are as follows:

Yeas—Messrs. Ferebee, Lucas, Flowers, Oliver, Stone, Herritage, M. Payne, B. Jones, Gillispie, Dolvin, Sessums, Eborn, McCulloch, Randal, Mayo, Sloan, Hooper, Butler, Harvey, Skinner, Conner, Barringer, Spruill, A. Maclaine, Cumming, Emmett, Sitgreaves, B. Hawkins, W. Blount, Shepperd, Moore McKissick, Auld, Jackson, Starkey, Shelton, Lock, Phifer, A. Bryan, Frohock, Wilson, Humphries, Nash, Winslow, W. Bryan, Davie and E. McLean.—47.

Nays—Messrs. Lennard, Clark, P. Hawkins, T. Sherrod, Ransom, Hill, Person, McDonald, Gist, Kendall, Pickett, Moy, Jordan, Thomas, Riddick, Robins, Alford, Carter, Lenoir, N. Jones, Franklin, Bloodworth, Montfort, C. Roberson, Hinton, Bond, Speed, Singleton, Cage, Looney, Atkinson, Galloway and Smithwick.—33.

The Bill to oblige the Creditors of this State, being Citizens thereof, to render a state of their demands within a limited time, was read the third time and rejected.

The Bill for levying a Tax for the purposes therein mentioned, and investing the United States in Congress assembled with a power to collect the same, was read the second time, passed and sent to the Senate.

The Bill to amend an act to vest certain Lands in Richard Henderson and others, was read the second time, passed and ordered to be Engrossed.

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Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose that a Committee composed of members from both Houses be appointed to extract the most material parts of the Act amending the assessment act, and that the Clerk of each House be directed to prepare a copy for each County. We have appointed on our part Mr. Bryan, Mr. P. Hawkins and Mr. Thomas a Committee.

The Committee to whom was referred the Petition of Lunsfield Kilgo reported as follows:

That it is the opinion of your Committee that the said Lunsfield Kilgo, as it appears he is rendered incapable of procuring himself subsistence by reason of the loss of the use of his arm in the service of his country, be allowed the sum of Twenty-four pounds to be paid into the hands of James Hinton, Esqr., by the Treasurer of Hillsborough District, and by him applied to the use of the said Lunsfield Kilgo; all which is submitted.

PHIL. HAWKINS, Chmn.

The foregoing report being read and considered the House concurred therewith.

The Committee to whom was referred the Petition of Jordan Lockhart reported as follows:

That it is the opinion of your Committee that the said Jordan Lockhart be allowed forty-five pounds to enable him to pay the Doctors Bill for curing the wounds he received in an action at the Town of Beaufort, the said Lockhart being an object of Charity, and that the Treasurer of New Bern District pay him the same and be allowed in the settlement of his account; all which is submitted.

PHIL. HAWKINS, Chmn.

The foregoing report being read was concurred with.

Whereas, Colonel Clark, of the State of Georgia, was granted a gratuity of thirty thousand Dollars by the General Assembly of the State of North Carolina at a session held at Wake Court House, July the 14th, One thousand seven hundred and eighty one, ten thousand only of which has been received.

Resolved therefore, That the Treasurers or either of them, pay

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unto the said Colo. Clark Twenty pounds, it being agreeable to the scale of depreciation, for which they shall be allowed in the settlement of their public accounts.

Received from the Senate a Resolve directing the Comptroller to settle the accounts of John Armstrong and to receive from him such certificates as appear to be genuine, which was read and concurred with.

Also received a resolve directing the Auditors of Salisbury District to debit General Rutherford in the settlement of his accounts with fifteen hundred dollars, being money received by him in consequence of a resolution of Congress of the first of August, 1782, which being read, was concurred with.

Also received from the Senate a resolve directing the Commissioner of Hillsborough District for selling confiscated property to settle his accounts with the Comptroller, &c., which was likewise read and concurred with.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose that the Collectors mentioned in the Bill for levying a Tax for the purposes therein mentioned, and investing the United States in Congress assembled with power to collect the same, be appointed by a resolve of this assembly, and that the Senate and members of the House of Commons of each County report To-morrow a proper person to be appointed for the Counties respectively.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose that the Bill for levying a Tax, &c., be committed to a joint Committee to report what Tax is proper to be laid for this year. We have for this purpose on our part appointed Mr. Hooper, Mr. Lock, Mr. Person, Mr. B. Hawkins & Mr. Maclaine.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose balloting for the Surveyors for the Western Lands at six o’clock this evening. We put in nomination for surveyors for the Eastern District, Langdon Carter, Stockly Donaldson; for the Middle District, William Polk, General Rutherford, Robert Irwin;

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for the Western District, William Terrell Lewis, Absalom Tatom and William Bailey Smith.

Mr. Person, from the Committee to whom was referred the Petition of Jacob Brown, Reported as follows:

That it is the opinion of your Committee that the relief prayed for in the Memorial of Jacob Brown, is irremediable by the General Assembly and therefore ought not to be granted; all which is submitted.

THOMAS PERSON, Chr.

The House taking the said Report into consideration Concurred therewith.

Mr. Person, from the Commitee to whom was referred the Memorial of Robert Rowan, Reported as follows, vizt:

That it is the opinion of your Committee that the Comptroller be directed to allow Robert Rowan, on the settlement of his Accounts, the same Commissions, pay and emoluments as officers of the same rank were entitled to at the time he acted in the Department of Deputy Clothier General, while he acted in that department. Your Committee are further of the opinion that Robert Rowan, while he acted as Superintendent Commissioner of Wilmington District, be allowed the same pay which other Superintendent Commissioners may be entitled to, upon ascertaining the time of the said services, and that he be paid in the same manner of other Superintendent Commissioners; All which is submitted.

THOMAS PERSON, Chr.

The House taking the said report into consideration concurred therewith.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

This House agree to ballot at 6 o’clock this Evening for Surveyors of Western Lands, and put in nomination the same as by you proposed. We also propose that the three Gentlemen having the largest number of votes, shall be the surveyors without having respect to the particular district and that the first in the number have the preference (if any) and the same mode adopted to the lowest; we also propose to ballot at the same time for a judge of the court of Oyer

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and Terminer for Davidson County3 , and nominate for that purpose William Cocke, Esq. This House have appointed Col. Murfree and Mr. William Moore to superintend the balloting on their part.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

We do not agree to the mode of determining the Election of Surveyors by Balloting, as by you proposed; as to all your other proposals on this head we concur with you. We appoint Mr. Gallaway and Mr. Flowers to Superintend the balloting.

Mr. Butler, from the Committee of Propositions and Grievances, reported as follows:

Your Committee of Propositions and Grievances having considered the claim of Thomas Scurlock, Esquire, who received an appointment from the General Assembly of this State and acted as assistant Commissary of issues from the thirteenth day of November, Seventeen hundred and seventy-nine, to the seventeenth day of May, Seventeen hundred and eighty-one. It is the opinion of your Committee that the Auditors be directed to grant a Certificate to the amount of two hundred and Seventy-five pounds two Shillings and eight pence, agreeable to the pay allowed for like services.

The House considered of the report and rejected it.

We in behalf of the said Committee also reported that having considered the account of John Bradford, Esqr., one of the Auditors for Halifax District, claiming an allowance for House rent, firewood, &c., it is the opinion of your Committee that no allowance should be made.

This report being read was concurred with.

He also, in behalf of the Committee, reported as follows:

Read the Governor’s Message in favour of sundry merchants of Edenton District, to-wit: Thomas Figures, Robert Montgomery, George Swoape (?), David Anderson, Enoch Sawyer and John Armistead, it appears to your Committee that in January, Seventeen hundred and Eighty-two, his Excellency Governor Martin, then Speaker of the Senate, applied to the merchants aforesaid for cloathing for the officers of the Continental line of this State, then in service in South Carolina, which were supplied as follows, to-wit:

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by Thomas Figures, Sixty-two pounds fourteen Shillings; George Swoape(?), forty-nine pounds Twelve shillings and eight pence; David Anderson, Eighty pounds nine Shillings and eight pence; Enoch Sawyer, sixty-five pounds seven Shillings; RobertMontgomery, fifty-five pounds three Shillings, for which sums His Excellency, Governor Martin has granted them Warrants. Resolved, That it be recommended that the Treasurers, or either of them, be directed to make payment accordingly.

This report being read was concurred with.

He also, in behalf of the said Committee, reported as follows:

Read the Memorial of James Emmet, Esquire, Superintendant of the County Commissioners of Wilmington District. It appears to your Committee that the said Emmet, as Superintendant, has expended Eleven pounds seven shillings and six pence for his expences in travelling a tour round the Counties, for cash expended for oyster shells for the public tan yard, and for paper for his office. It is the opinion of your Committee that the Treasurer of Wilmington District be directed to pay him the said sum out of the Tax for the year one Thousand seven hundred and eighty-five; and your Committee further report that the Auditors of Wilmington District be directed to allow the said Emmet the sum of Twenty Shillings for every day that he was in actual service and the usual allowance for horse hire and forage, and grant a certificate for the same.

The report being read was concurred with.

Read the account of John McKnitt Alexander, and it is the opinion of your Committee that he be referred to the Auditors of Salisbury District and that they allow him agreeable to his vouchers, and not otherwise.

This report being read was concurred with.

He also reported in behalf of the said Committee as follows:

Read the Memorial and the account of John Rice, and it appears to your Committee that the account is mixed with claims against the public for the services done by the said Rice as a Militia man in the service of this State, and with accounts of money expended by the said Rice as Brigade Quarter Master in General Gregory’s Brigade, under an appointment of Thomas Craike, Quarter Master General of the Militia. Resolved, That it be recommended that the said Rice be referred to the Auditors of the District of Hillsborough

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for settling his claims and to the Comptroller General for settling his accounts.

This report being read was concurred with.

He also reported as follows:

Read the Memorial of George Henry Barringer, and it appearing to your Committee that on the fifteenth day of April, seventeen hundred and Eighty-one, that the said Barringer deposited in the house of Robert Lanier, the then Treasurer of Salisbury District, the sum of six thousand and thirty-seven pounds sixteen Shillings for which said sum the said Barringer obtained a Certificate payable on the first day of May seventeen hundred and eighty-two, with interest at the rate of six per cent. per annum, agreeable to an act of Assembly passed the thirteenth day of September, seventeen hundred and Eighty, which said sum according to the scale of depreciation, together with interest as assd., amounts to the sum of fifty-four pounds Eighteen Shillings and a penny. Resolved, That it be recommended that the Treasurer of Salisbury District be directed to pay him the said sum out of the Tax for the year One Thousand seven hundred and Eighty-three, for which he should be allowed in the settlement of his accounts with the public.

This report being read was concurred with.

Mr. Person, Chairman of the Committee to whom was referred the accounts of Mr. Willie Jones for his services as Delegate, reported as follows:

The Committee to whom was referred the accounts of Mr. Willie Jones for his services as Delegate in Congress, having examined the same report:

That he served in Congress including the time of going and returning, six months and twenty days, which at Eight hundred pounds per annum amounts to four hundred & forty-six pounds Eight Shillings and ten pence, that he received in part of his account of Mr. Hillegas, Continental Treasurer, Twelve Thousand Dollars, by the scale of Depreciation amounting to forty-eight pounds, which being deducted leaves a balance of three hundred and ninety-six pounds eight Shillings and Ten pence.

Your Committee also report that the interest on the above sum from the 1st day of January, 1781, the time when Mr. Jones’ time expired, amounts to Seventy-nine pounds five Shillings & five pence,

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which with the principal makes the sum of four hundred and seventy-five pounds fourteen Shillings and three pence. But your Committee is of opinion that it is impossible to allow interest to any person on an open account against the public and recommend that a resolution be adopted to this effect. Your Committee are therefore of opinion that Mr. Jones be only allowed the sum of three hundred and ninety-six pounds eight Shillings and Ten pence and that the District Treasurers, or either of them, be directed to pay him the same for which such Treasurer shall be allowed in the settlement of his accounts.

This report being read was considered of and concurred with.

The following Bills were read the third time, passed and sent to the Senate, vizt.:

A Bill to amend an act intitled “an act to amend an act intitled an act, for dividing Tryon County and other purposes.”

A Bill to impower the several County Courts therein mentioned to lay a Tax annually for the purpose of erecting or repairing the Court House, prison and Stocks in each County where necessary, and for defraying the Contingent charges of the County.

A Bill for extending the navigation of Roanoke River.

A Bill to authorize and impower Isaac Gregory, Esquire, formerly Sheriff of Pasquotank, now Pasquotank and Camden Counties, to collect the arrears of Taxes due him from the inhabitants of said Counties for the years, one thousand seven hundred and sixty-nine, one thousand seven hundred and seventy, one thousand seven hundred and seventy-two and one thousand seven hundred and seventy-four.

A Bill to regulate the town of Hillsborough and to repeal all laws now in force, which come within the purview hereof.

A Bill for the relief of such persons, who have through misapprehension entered their lands in a different county from that wherein they lie, by which means they are deprived of a legal title.

A Bill to facilitate the navigation of Neuse River.

A Bill for the relief of such persons as have been disabled by wounds, or rendered incapable of procuring for themselves and Families Subsistance, in the Militia Service of this State; and providing for the Widows and orphans of such as have died.

A Bill to impower the delegates of this State in Congress to assent

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to a repeal of part of the eighth of the articles of Confederation and perpetual Union between the thirteen States of America and to sign and ratify the alteration proposed in the recommendation of Congress of the 18th of April, 1783, in place thereof as part of the said Instrument of Union.

A Bill for altering the line between the Counties of Lincoln and Burke and appointing Commissioners to fix on a convenient place in the said County of Lincoln to erect the public Buildings of said County.

A Bill for the relief of persons who have suffered, or may suffer, by their Deeds, Grants and Mesne Conveyances not being proved and registered in the time heretofore appointed by law.

A Bill to authorize Richmond Pearson to collect the Specific tax which remains due from the Inhabitants of the County of Rowan for the year Seventeen hundred and eighty-one, and also the Commissioners of Franklin County to Collect the Arrears of the said Taxes of said County for the years Seventeen hundred and Eighty, Seventeen hundred and Eighty-one and Seventeen hundred and Eighty-two.

A Bill to enable Mary Dowd to sue for and recover to her own use, and the use of her children by her husband Conner Dowd, all debts due and owing to the said Conner and all other things in action which the said Conner Dowd might lawfully sue for and recover were he a Citizen of this State and entitled to the Benefit of its Laws.

Received from the Senate the report of the Committee on the Petition of Lunsfield Kilgo. Endorsed, in Senate the 1st of June, 1784, read and concurred with.

Recd. at the same time the following message:

Mr. Speaker and Gentlemen.

Mr. Jones and Mr. Johnson will act with the Gentlemen by you appointed to prepare an extract from the act amending the assessment Law, which when done we have directed our Clerk to have copied, as by you proposed.

Received also, at the same time, the Report of the Committee on the Petition of Jordan Lockhart. Endorsed, in the Senate, 1st of June, 1784, read and concurred with.

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Received also, at the same time the following Message:

Mr. Speaker & Gentlemen:

Mr. Battle and Mr. Macon will, on the part of this House, act with the Gentlemen by you appointed to consider of the Tax Bill and report what Tax may be proper to levy for the Current year.

Also received at the same time the following Message:

Mr. Speaker and Gentlemen:

We consent that the Collectors of the Tax to be collected under the direction of the Congress of the United States be appointed agreeably to the mode by you proposed.

Received also, the report of the Committee on the Petition of Memucan Hunt, Treasurer of Hillsborough District. Endorsed, in Senate, 1 June, 1784, read and concurred with.

Also the report of the Committee to whom was referred the accounts and vouchers of Messrs. Jones and Montfort, and Montfort and McCulloch. Endorsed, in Senate, 1 June, 1784, read and concurred with.

Received also, the Resolve of this House in favor of Colonel Elijah Clark of the State of Georgia. Endorsed, in Senate, 1 June, 1784, read and concurred with.

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


Wednesday, 2 June, 1784.

The House met according to adjournment.

Received from the Senate the report of the Committee allowing John Kendrick thirty pounds, which being read was concurred with.

Mr. Galloway from the joint Balloting for a Judge of the Court of Oyer and Terminer for the County of Davidson, and Surveyors, Reported,

That William Cocke, Esquire, was elected Judge; William Polk, Surveyor for the Middle District and William Terrill Lewis for the Western District by a majority of the votes of both Houses & that no person in nomination for the Eastern District had a Majority of votes.

The House taking the said report into consideration concurred therewith.

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Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

This House propose, if agreeable to the House of Commons, to ballot at 10 o’clock this forenoon for the Surveyor yet to be made choice of, and put in nomination Stokely Donaldson, Landon Carter and Robert Irwin, Esquires. We also nominate Absalom Tatum.

Ordered that the following be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree to your proposal of this day to ballot at 10 o’clock this forenoon for the Surveyor to be made choice of, we make no addition to your nomination.

Resolved, That Joseph Pitman, of Edgecombe County, be allowed the sum of six pounds current money of this State, for riding express to the Secretary with a return of the Justices of the Peace appointed by the General Assembly in May, 1782, and for carrying and delivering the Journals of both Houses to the public printer then living at New Bern, that the Treasurers or either of them pay him the same and be allowed.

Ordered that the Bill impowering the persons herein named to dispose of certain property belonging to the State for the redemption of the paper Money, &c., be laid over until the next Assembly.

Read the Petition of John Butler, Brigadier General of the District of Hillsborough, resigning his appointment of Brigadier General, whereupon,

Resolved, That this House do accept the resignation of John Butler as Brigadier General of the District of Hillsborough.

Whereas, James Read, John Daves, Nathan Kevis, Thomas Benbury and Samuel Ferebee, have by joint Ballot of both Houses of the General Assembly, been appointed as Collectors of the Continental Imposts (when that collection shall take place) for the ports of Brunswick, Beaufort, Bath, Roanoke and Currituck respectively, and in the meantime are appointed Collectors of the State Duty on Imposts until the Duty to be levied by the United States takes place.

Resolved therefore, That his Excellency the Governor, be and he is hereby impowered to commission the said John Daves, James

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Read, Nathan Kevis, Thomas Benbury, and Samuel Ferebee as Collectors of the Duty on Imports to be levied by the United States at the ports aforesaid, respectively, as soon as he shall have notice for that purpose by authority from Congress.

Mr. B. Hawkins, from the Committee on the Tax Bill, delivered in a Report, which being read was concurred with and ordered to be sent to the Senate, together with the Bill, to the end that the reported amendments may be made therein.

Mr. Bryan, on behalf of the Committee to whom was referred the Petition of Adam Cooper, delivered in a Report as follows:

That it is the opinion of your Committee as the said Adam Cooper was wounded at Cedar Springs, in South Carolina, in an action against the Enemy, and at the April and May Sessions of 1782, was allowed the sum of seventy pounds specie, and that the same should be accounted for as Specie in the purchase of Confiscated property, and it appearing to your Committee that the Certificate granted to the said Cooper is lost; Your Committee therefore are of the opinion that a Certificate be Granted to him for the said sum of Seventy Pounds; All which is submitted.

WM. BRYAN, Chr.

The house taking the said report into consideration concurred therewith.

The Committee to whom was referred the Petition of Margaret Wall, report that the Petitioner be referred to the District Auditors, and that they be instructed to make said Margaret such allowance as to them shall appear just; all which is submitted.

WM. BRYAN, Chr.

The House taking the said Report into Consideration Concurred therewith.

Resolved, That the report of the Committee on what Tax is proper to be laid, be printed with the Laws that the People at large may know the sum required for the civil list.

Resolved, That the Governor be directed to transmit, immediately, to Congress a Copy duly authenticated of the Act passed this session of Assembly entitled “an Act, Ceding to the Congress of the United States certain Western Lands therein mentioned and

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Authorizing the Delegates from this State to Execute a deed or deeds for the same; and that he inform Congress of the Measures begun by this State for carrying on a Treaty with the Indians, what goods have been purchased by this State for that purpose, and to what amount, and where they are lodged; that he further inform them, that in case Congress should accept the Cession intended, the said Goods may yet be applied to the purpose of carrying on the Treaty under the sole direction of Congress, they giving credit to this State for the amount of Goods in the Account of the United States with this State, the Congress also taking upon themselves every other expense that may attend the said Treaty.

Whereas, The Petition of George Alston, late of Granville County, has been reported upon by a joint Committee in his favour, and his circumstances appearing very different from those of others who came within the meaning and effect of the late Confiscation Laws enacted in this State, and it being the earnest desire of him, the said George Alston, to become a Citizen of this State, and to have such of his property restored as hath not been sold agreeable to the said Confiscation Laws;

Resolved, That as nothing appears to the present General Assembly why he, the said George Alston, should not be admitted to the privileges of a Citizen, that the General Assembly will at their next Session take his case under their Consideration and Grant him relief as to them shall seem just.

Mr. W. Bryan, from the Committee to whom was referred the Account of the Secretary of State, Reported as follows, vizt.:

That they have examined the said Account, and are of the opinion he ought to be allowed the sum of Two hundred and Twenty-two pounds for Warrants, Grants and Mortgages furnished, and for office rent; the other charges in said account they are of opinion ought to be rejected; all which is submitted.

WM. BRYAN, Chr.

The House taking the said Report into Consideration Concurred therewith.

Resolved, That Pleasant Henderson, Esquire, private Secretary to his Excellency the Governor, be allowed the Sum of One hundred and six pounds four Shillings and eleven pence the balance due him on account of his last year’s Salary, as Secretary aforesaid. That

-------------------- page 701 --------------------
the Treasurers, or either of them, pay him the same out of the Money arising from the Tax for the year 1783.

Mr. Blount, from the Committee to whom was referred a Message from his Excellency the Governor, relative to holding a Treaty with the Indians, delivered in a report, which being read, was rejected.

The following Bills were read the third time, passed and sent to the Senate:

A Bill to impose a duty or Tax in aid of the public revenue upon the different articles therein mentioned sold at Auction or public Vendue, and for regulating Auctioneers or Vendue Masters;

A Bill to encourage Enoch Ward, Spyers Singleton, Christopher Neale and Company to cut a Canal from Clubfoot Creek to Harlowes Creek;

A Bill to prevent doubts as to the right of Sovereignty and Jurisdiction in and over the Territory lying West of the Apalachian Mountain, for shutting the Land Office, and for indemnifying John Armstrong, Esq., Entry Taker, against Vexatious Suits for his Conduct in office;

The Bill to amend an act entitled “an act for the regulation of the Town of Wilmington.”

The Bill for appointing Commissioners for selling the Graineries in the Counties of Franklin and Warren, and for repealing an act entitled “an Act for appointing Commissioners for selling the lot Number forty-four in Warrenton, whereon the public Granary now stands and for other purposes, and for altering the times of holding Courts in the County of Caswell;”

The Bill to amend an Act entitled “an Act for purchasing a Lot or Lots in the Town of Wilmington for the purpose of building a Gaol for the District of Wilmington and for other purposes, and for repairing the Court House of the said District;”

The Bill for regulating the Pilotage and Facilitating the Navigation of Cape Fear River.

The Bill for appointing Collectors of the Imposts at the several ports in this State, and for regulating the duty of Naval Officers and officers of the Customs, and Masters of Vessels;

The Bill to amend an Act entitled “an Act for opening the land offices, for the redemption of Specie and other Certificates, and for discharging the arrears due to the army.”

-------------------- page 702 --------------------

Mr. Gallaway, from the joint Balloting for a Surveyor, reported that Stokely Donaldson was elected Surveyor by a majority of votes of both Houses.

The House taking the said Report into Consideration concurred therewith.

The Bill to empower the County Surveyors to make Surveys and returns in the manner therein mentioned, was read the third time, passed and sent to the Senate.

The Bill for the restraint of Idle and Disorderly Persons, was read the third time, passed and sent to the Senate.

Mr. Maclaine moved for leave to withdraw the Bill for levying a Tax for paying the Interest of Certificates granted to officers of the Continental line of this State, who continued in the service to the end of the war, and the Interest of Certificates granted to officers who died in the Service, or who were deranged, and who are entitled to depreciation by the regulations of Congress, and also the Interest of the Certificates granted to Soldiers, or the Representatives of Soldiers, who are entitled to Depreciation by the aforesaid Regulations of Congress. Ordered that he should have leave accordingly.

The Bill for repairing the public buildings in the County of Northampton and for appointing Commissioners for that purpose, was read the third time, passed and sent to the Senate.

Received from the Senate the Bill to encourage Subjects of Foreign States to lend Money at Interest on real estate within this State. Endorsed, in the Senate, the 2nd of June, 1784, read the third time and passed. This Bill was read the third time in the House and rejected.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Bill to encourage Subjects of Foreign States to lend Money at Interest on Real estate within this State, which has been three times read in the Senate, was rejected by this House on the third reading.

The Bill to empower the executors of John Bowman, Deceased, to pay into the Treasury such sums of money as he received for the public as Sheriff of Burke County, without Depreciation, was read the third time, passed and sent to the Senate.

The Bill to amend an Act entitled “an Act for the relief of officers

-------------------- page 703 --------------------
and Soldiers in the Continental line and for other purposes,” was read the second time, passed and ordered to be Engrossed.

The Bill for levying a Tax for the Support of Government and for the redemption of old Paper Currency, Specie and other Certificates, was read the Second time, passed and ordered to be engrossed.

The Bill to empower the Entry Takers of the Several Counties in this State to issue Warrants for land heretofore entered, and for which Warrants have not been Granted.

The Bill to amend an Act passed in the year 1783, entitled “an Act to vest certain lands in Fee Simple in Richard Henderson and others,” was read the third time, passed and sent to the Senate.

The Bill to describe the lands granted to Major General Nathaniel Greene, and to confirm the title thereof in the said Nathaniel Greene, his Heirs and assigns forever, was read the third time, passed and sent to the Senate.

The Bill laying certain duties therein mentioned on all foreign Merchandise Imported into this State in aid of the Public Finances, and directing the mode of collecting the same, was read the third time, passed and sent to the Senate.

Received from the Senate the report of the Committee on the Petition of Mr. John Taylor, which being read was concurred with.

Received from the Senate a Resolve directing the Treasurers to pay the allowances made this session, &c., which being read was concurred with.

Mr. W. Bryan, from the Committee to whom was referred the Petition of Matthew Jones, reported as follows, vizt.:

That your Committee having taken the same into consideration, are of opinion that it be referred to the next General Assembly; All which is submitted.

WM. BRYAN. Ch.

The House taking the said report into consideration concurred therewith.

Received from the Senate the following reports of the Committee of Propositions and Grievances:

The report of the Claim of Thomas Scurlock, assistant Commissary of Specie;

-------------------- page 704 --------------------

The report on the Claim of John Bradford, one of the Auditors for Halifax District;

The report on the Governor’s message in favour of sundry merchants of Edenton;

On the Memorial of James Emmet, superintendent of the County Commissioners of Wilmington District;

The report on the account of John McKnitt Alexander;

The report on the account and Memorial of John Rice;

The report on the Memorial of George Henry Berger, severally concurred with by the Senate.

Received also, from the Senate the report of the Committee to whom was referred the Petition of Margaret Wall. Endorsed in Senate, June the 2nd, 1784, read and concurred with.

Received also at the same time, the report of the Committee to whom was referred the Petition of Jacob Brown.. Endorsed, in Senate, 2nd June, 1784, read and concurred with.

Also the report of the Committee to whom was referred the Petition of Adam Cooper. Endorsed in Senate, 2nd June, 1784, the within report was read and concurred with.

Also the report of the Committee to whom was referred the Memorial of Robert Rowan. Endorsed, in Senate, June the 2nd, 1784, the within report was read and concurred with.

Received from the Senate the following Resolutions, to-wit: The resolution directing the report of the Committee appointed to determine what tax is proper to be laid for the current year to be printed with the laws, &c., and the resolution directing the Governor to issue Commissions to James Read, John Daves, and others to be collectors of the duties on imposts to be levied by the United States in Congress. Endorsed severally, in Senate, 2nd June, 1784, read and concurred with.

Received from the Senate the report of the Committee to whom was referred the account of the Secretary of State. Endorsed, in Senate, 2nd June, read and concurred with. Also the report of the Committee on the Tax Bill endorsed in the same manner.

Received from the Senate the Resolve of this House directing the Governor to transmit immediately, to Congress, a Copy duly authenticated of the Act passed this session of Assembly ceding to the Congress Western Lands, &c.

-------------------- page 705 --------------------

Also the resolution of this House that they will accept the resignation of General Butler. The Resolve in favour of Joseph Pitman. The resolve that the consideration of the Petition of George Alston shall be resumed at the next session of Assembly, & The resolve in favour of Pleasant Henderson. Severally endorsed, in Senate, the 2nd June, read and concurred with.

Received likewise the following message:

Mr. Speaker and Gentlemen:

You will herewith receive the report of the joint Committee on the accounts of Willie Jones, Esq., as Delegate for the State, concurred with.

Received at the same time the report referred to in this message, concurred with.

The House adjourned till To-morrow morning 6 o’clock.


Thursday, 3rd June, 1784.

The House met according to adjournment.

Received from the Senate a resolve directing the Comptroller to allow John Taylor, as therein mentioned, &c., which being read was concurred with.

Received from the Senate the report of the Committee on the accts. of Matthew Jones, concurred with.

The Bill for levying a tax for the support of government, and for the redemption of the old paper currency, Specie and other Certificates, was read the third time, passed and sent to the Senate.

The Bill to regulate the descent of real estates, to do away Entails, to make provision for Widows, and to prevent frauds in the Execution of last Wills and Testaments, was read the third time, passed and sent to 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,” was read the third time, passed and sent to the Senate.

The Bill for levying a tax for the purposes therein mentioned and for investing the United States in Congress assembled with a power to collect the same, was read the third time, passed and sent to the Senate.

Resolved, That the persons hereafter named be appointed Collectors

-------------------- page 706 --------------------
of the Taxes to be imposed by an Act of Assembly for levying a tax for the purposes therein mentioned and for investing the United States in Congress assembled with power to collect the same, for the several Counties hereafter mentioned, to which their names are applied:

Anson, John Ingram;
Beaufort,
Brunswick, James Mills;
Bladen, John Blocker;
Burke, John McDowell, Jun.;
Craven, Thomas Applewhite Green;
Carteret, David Cooper;
Currituck, John Stewart;
Chowan, William Roberts;
Camden, Thomas Burnham;
Caswell, Demsey Moore;
Chatham, Roger Griffith;
Dobbs, Robert White;
Duplin, John Dixon;
Davidson, Ephraim McLean;
Edgecombe, William Wilson;
Fayette, James Emmett;
Franklin, Isaac Hudson;
Guilford, Samuel Henderson;
Gates, Isaac Hunter;
Granville, William Hunt;
Greene, John Kellam;
Halifax, Egbert Haywood;
Hertford, Matthias Brickell, Jun.;
Hyde, Reuben Slade;
Johnston, John Bryan, Jun.;
Jones, John Franks;
Lincoln, James Rutledge;
Martin, Ebenezer Smithwick;
Mecklenburg, James Reece;
Montgomery, John Baker;
Moore, Charles Crawford;
Nash, William Body;
-------------------- page 707 --------------------
Northampton, John Lockhart;
New Hanover, Timothy Bloodworth;
Onslow, Reuben Grant;
Orange, Moses Crawford;
Pasquotank, John Lane;
Perquimans, Robert Riddick;
Pitt, John Salter;
Rutherford, Thomas Whiteside;
Rowan, Samuel Young;
Randolph, John Dugan;
Richmond, George Medlock;
Sampson, Lewis Holmes;
Surry, William Hulit;
Sullivan, Moses Looney;
Tyrrell, Nathan Hooker;
Washington, John Carter;
Wayne, William Fellows;
Wake, John Turner;
Wilkes, Chapman Gordon;
Warren, Gideon Hunt Macon;

And that his Excellency the Governor, issue them Commissions respectively as soon as necessary, and notify their appointments to the United States in Congress assembled.

The Bill to amend an act intitled “an Act for opening the land office, for the redemption of Specie and other Certificates, & for discharging the arrears due to the Army,” was read the third time, passed and sent to the Senate.

Received from the Senate a Resolve appointing a Committee to assist the Comptroller in examining and destroying Certificates, &c., which being read was concurred with.

Received from the Senate a Resolve allowing James Cole Mountflorence for Engrossing Bills, which being read was concurred with.

Received from the Senate a Resolve in favour of Abel Pocock, which being read was concurred with.

Received from the Senate a Resolve allowing —— Roundtree for drawing and Engrossing Bills, which being read was concurred with.

Resolved, That Mrs. Lennard be allowed the sum of five pounds

-------------------- page 708 --------------------
for Candles, &c., furnished Committees during this sitting of the Assembly, that the Treasurers, or either of them, pay her the same and be allowed.

Received from the Senate the report of the Committee on the Petition of Thomas Person, which being read was rejected, and Mr. Person permitted to withdraw his accots.

Resolved, That the Auditors of Salisbury District be directed to settle with Joseph Winston, Esq., of Surry County, for one hundred and twenty muskets by him purchased, and delivered to Col. Martin Armstrong for the use of the Militia of Surry County, and grant him certificates for the same.

Ordered that Mr. Coor have leave to withdraw the original Bill for appointing Collectors for the Imposts at the several Ports in this State and for regulating the Duty of Naval Officers, the officers of Customs and masters of vessels.

Received from the Senate the Resolve of this House appointing Collectors of the Continental Tax of the different Counties, concurred with.

Received from the Senate the Resolve in favour of Mrs. Lennard, and also the resolve in favour of Joseph Winston, concurred with.

Mr. Person from the Committee to whom was referred the representation of William Boritz, agent for Messrs. Rey and Brandenburg, Merchants in Cadiz, reported as follows:

That William Boritz, agent of Messrs. Rey and Brandenburg, Merchants of Cadiz, laid before them sundry papers which, for the information of the House, they have caused to be transcribed and are as follows:

“We, the subscribers, Benjamin Franklin, Silas Deane and Arthur Lee, Commissioners of the United States of America, on the one part, and Rey De Morande, of Cadiz, on the other part, have covenanted & contracted as follows, vizt.:

1st. The said Rey De Morande, as well in my own name as in the name of the House of Messrs. Rey and Brandenburg, of Cadiz, do covenant and engage to deliver at my own peril, risk, cost and expence in one or more of the ports or harbors of Virginia or Maryland, or the ports of Boston, Philadelphia, New London or Portsmouth in New Hampshire, the quantity of six thousand five hundred quintals of Iron Cannon of which there shall be eighty-eight

-------------------- page 709 --------------------
pieces carrying balls of 12 lbs. weight each, and forty-seven pieces carrying Balls of 6 lbs, making together one hundred and thirty-five pieces and weighing four thousand two hundred Quintals, also twenty-eight pieces carrying balls of 24 lbs, and seventeen pieces carrying balls of 18 lbs, making together forty-five pieces and weighing two thousand three hundred quintals and these last forty-five pieces having each a cross at the mouth and I do engage that the whole of the aforesaid Cannon, making one hundred and eighty in number, are of good Swedish Iron, and have been examined and proved by firing, in the usual manner of the officers of the Artillery of his Catholic Majesty.

2nd. I, the said Rey De Morande, do engage to defray the expences of Lading or shipping the Tobacco which is to be delivered in payment for the said Cannon.

3rd. We, the said Benjamin Franklin, Silas Deane, and Arthur Lee do covenant and engage in behalf of the Congress of the United States of America, that the before mentioned Cannon being duly delivered in one or more of the ports above specified, there shall be furnished and delivered to the Captain or Captains bringing the said Cannon, or to the bearer of a Letter of Attorney executed for that purpose for the House of Rey and Brandenburg, before named, one Quintal and a half of good and merchantable Tobacco for each of the cannon before mentioned, the said Tobacco to be proved and delivered in any of the ports of Virginia or Maryland, which the representative of they, the said Rey and Brandenburg, shall chuse or appoint.

4th. We also engage that the expences of landing or unlading the cannon before mentioned shall be defrayed by the Congress of the said United States.

5th. We do moreover engage that if the quantity of 9,750 Quintals of Tobacco, for the payment of the said 6,500 Quintals of Cannon, shall not be provided and ready for delivery as aforesaid within three calendar months after the arrival and delivery of the said cannon then and in that case, there shall be paid by the said Congress after the rate of fifty Quintals of Tobacco for each month’s delay beyond the said three months, as an Indemnification to the said Rey and Brandenburg for the expences and damages arising from such delay.

-------------------- page 710 --------------------

In Witness whereof, the parties before named have interchangeably subscribed their names at Paris, the thirty first of October, one thousand seven hundred and seventy-seven.

B. FRANKLIN,
SILAS DEANE,
ARTHUR LEE,
REY DE MORANDE,
W. BORITZ,
Agent, De Rey and Brandenburg, de Cadiz.

Resolved, That the Cannon imported into the State of North Carolina be sold to the State of Virginia and North Carolina, the former to have twenty-four the latter State to have twenty-five, dividing them equally as to weight of Metal. That the said State be allowed to purchase the said Cannon on the terms the United States have imported them.

Extract from the Minutes.

CHAS. THOMPSON,
Sec. Commercial Committee,

14 October, 1778.”

The terms on which Congress imported the Cannon specified by the resolve of the 29th September, 1778, are to be paid for in the following manner, vizt., one hundred and fifty pounds of Tobacco for every hundred pounds of Iron Cannon, together with demurrage for the time the ship may be detained by neglect of the contracting parties beyond the lay Days limited by agreement for lading the ship; And that each State pay their proportion of Tobacco agreeable to the quantitly and weight of Cannon they shall respectively receive together with the proportion of Tobacco for the demurrage that may become due.

Per order.
FRAN LEWIS, Chairman.

Exemplification:

28 ps cannon, 6 pdrs.

17 ps cannon, 12 pdrs.

45 ps weight 2,300 Quintals or 230,000, payable in Tobacco at 1½ lbs Tobacco for 1 lb Iron 1150/3450 Quintals or 115000/345000 pds of Tobacco 345 Hhds Tobacco at 1,000 lbs each is 345,000 lbs Tobacco.

-------------------- page 711 --------------------

It appears that this State has received from William Boritz, agent for Rey and Brandenburg, one thousand one hundred and fifty Quintals of the Iron Cannon, mentioned in the foregoing agreement, in part payment for which the said Boritz acknowledges to have received eighty-four thousand nine hundred and fifteen pounds weight of Tobacco, and that a ballance yet remains due of eighty-seven Thousand five hundred and eighty-five pounds weight, exclusive of demurrage as Damage. And it is the opinion of the Comittee that the said William Boritz, agent as aforesaid, shall be allowed demurrage or damage to be settled according to the Laws and Customs of Merchants, regard being had to the quantity of Cannon contracted for, and the quantity this State received, and recommend that Henry Montfort, Esquire, be appointed and authorized to ascertain the Demurrage or Damage, and to pay the original debt and Demurrage or Damage, together with six per cent. Interest on each; (the Interest to commence from the time the Demurrage ceases to continue till paid) and to deliver it at Daley’s Landing or Wilmington, and to enable Mr. Montfort to purchase the Tobacco, further recommend that the Governor be directed to issue warrants for two thousand four hundred pounds in his favour, that is to say a warrant on each of the Treasurers of Edenton, New Bern, Wilmington, Salisbury, Hillsborough and Halifax, for four hundred each payable in three months, out of the money collected for the tax of the year 1783. And the committee further recommend that Mr. Montfort be directed to give Mr. Benjamin Hawkins timely notice of the time and place that he purposes to settle the Demurrage or Damage with William Boritz, which settlement Mr. Hawkins is requested to attend to give information to the Merchants who may be appointed to settle the same; all which is submitted.

THOMAS PERSON, Ch.

The House taking the said report into consideration concurred therewith.

Received from the Senate a resolve allowing Bernard McGuckin Ten pounds, which being read was rejected.

Received from the Senate the report of the Committee on the representation of William Boritz, agent for Messrs. Rey and Brandenburg, concurred with.

Mr. Davie moved for leave to enter the following protest on passing

-------------------- page 712 --------------------
on the third reading the Bill ceding to the United States in Congress Assembled, certain Western Lands therein described.

Dissentient:

Because, the extent of our Territory as bounded by the late Treaty of Peace could never endanger the general Confederacy.

Because, if the principles of the Fœderal Union could ever be injured by an unequal possession of Territory, a cession of so large a portion of this State, while Virginia and Georgia will retain an immense Territory, would be certainly dangerous and impolitick.

Because, this State, from her local circumstances and the weakness of the two Southern States, was obliged to advance large sums for their aid and defence which are still unliquidated, and as our credits for those advances have been uniformly opposed by the Eastern States, we think that it ought to have been expressly stipulated, as a preliminary to the cession, That the whole expence of the Indian Expeditions and our Militia aids to Georgia and South Carolina should pass to account in our quota to the Continental expences incurred by the late war.

Because, the resolve of Congress of the seventeenth of February, or the resolve of the Eighteenth of April, seventeen hundred and eighty-three, should have been first carried into effect in order to ascertain the just quota or proportion of the Fœderal debt due from the individual States and their respective accounts should have been liquidated and their claims fully established before any cession took place.

Because, the Western territory being the undoubted property of this State, was justly considered by the people as a security to their claims against the public, and was solemnly pledged to them by the legislature in the Act of opening the land office “for the redemption of specie and other Certificates.”

Because, experience has shown us that our want of public honesty has been already severely punished by our want of public credit, we deem it a false and mistaken conception that our credit would be increased with foreign nations, by the adoption of a measure founded on an open and palpable breach of faith to our own citizens.

Because, justice and policy required that the domestic debt should either have been discharged by the sale of the Western Lands or substantiated in the hands of the creditor by establishing a fund for

-------------------- page 713 --------------------
the punctual payment of the Interest annually. The first great resource is destroyed by the cession, and it is our opinion that the State emerging from the miseries of a destructive war, is perfectly unable to discharge the interest of her internal debt, amounting to a sum far beyond her abilities; Taxes in a certain degree we know are just and expedient, that by stimulating the industry of the individual they increase the aggregate wealth of the community, but when extended so far as to entrench upon the subsistance of the people they become burthensome and oppressive.

Because, though our internal debt is in the nature of a domestic loan and circumstances and consequences are widely different; loans are made by those who can spare from their consumption to the necessity of Government and without doubt contribute to its stability and alleviate the pressure of taxation; but a large part of our domestic debt grew out of the generous advances of Individuals to the public in the hour of distress, many of these are now impoverished and even ruined by their confidence in the justice of the legislature. Immense sums were also contracted by general contributions and military impressments of the most valuable property, and often from the most necessitous body of the people; suspension of payment must prove ruinous to those patriotick sufferers and a disgrace to the State.

Because, the Auditors, from their desultory manner of doing business, have left many claims unadjusted. The great body of the people sustained an irretrievable injury by the cession, they were undoubtedly equally entitled to this commutation for their claims, and we could never consent that the public faith should be violated and the general interest sacrificed to the aggrandizement of a few Land Jobbers who have preyed on the depreciated credit of their Country and the necessities of the unfortunate citizen.

Because, by the Bill of rights the limits of the State are not to be altered, but for the purpose of erecting a new Government only, certainly a cession for the express purpose of constituting a common fund can never be construed into this constitutional object, but was it even constitutional to dismember the State by Act of Assembly, or politick to cede two thirds of the soil and Sovereignt of our Country without any ascertained equivalent. A just regard to the rights of the people would have induced us to suspend the

-------------------- page 714 --------------------
passage of the Bill until the sense of our constituents could be collected on this irrevocable step.

Wm. R. Davie,
James Gallaway,
James White,
Joseph McDowell,
James Withrow,
James Emmet,
Richard Singleton,
Joseph Robins,
Daniel McKissick,
David Wilson,
Wm. Clark,
J. Lennard,
Wm. Lenoir,
Wm. Hill,
Thomas Person,
John Atkinson,
Henry Montfort,
Elijah Robertson,
John Sloan,
David Flowers,
Caleb Phifer,
G. H. Barringer,
James Hinton,
Wm. Kendal,
Richd. Ransom,
E. McLean,
David Shelton,
John Bonds,
John Speed,
Sam’l Smithwick,
Wm. Pickett,
Matthew Lock,
Thos Sherrod,
Jesse Franklin,
Sam’l Cain,
Landon Carter,
Wm. Alford.

Mr. Hooper, on behalf of himself and others who voted affirmatively for the passage of the Bill intitled “a Bill to amend and reduce to system the confiscation laws now in force in this State,” moved for leave to enter the following reasons for dissenting against the vote and determination of the House in rejecting the said Bill on the first reading, vizt.:

We, whose names are undersigned and who voted affirmatively for the passage of the Bill entitled “a Bill to amend and reduce to system the Confiscation Laws now in force in this State,” were of opinion that the said Bill ought to have been rejected upon this reading for the following reasons, vizt.:

That this is a Bill of equal import and great national concern, and may have in its operation very serious consequences upon the reputation of this State in the opinion of other States in the Union, and perhaps in Europe.

That it was introduced in the House of Commons upon the recommendation of the Grand Committee appointed by and consisting

-------------------- page 715 --------------------
of members from both the Senate & Commons, whose business it was to report such Bills of a public nature as it was proper and necessary to pass into laws at the present Session of Assembly. That a Bill for the above purpose was, by the said Committee, reported as necessary and such report was concurred in by both branches of the Legislature That in obedience to the sense of the Legislature so expressed, this Bill was introduced in the House of Commons, read once for information, and never until now, for passage.

That it never has been officially communicated to the Senate nor can they be informed of its contents but from the vague information of the common report on the hazard of conjecture. That to reject a Bill at this stage is to deny to the representatives of the Freeholders of the people in Senate assembled, the right which they have, in common with this House, to animadvert and deliberate upon any plans which may be proposed for the public good and disappoints the intention of both Houses in the information of the Grand Committee.

That however exceptionable in point of form or even substance the said Bill may be in its present dress its imperfections are open to amendment and if not stifled in its birth and suppresed from the view of the Senate by a premature rejection of this House, may return to the Commons after having undergone alterations by the Senate which may render it less exceptionable to all parties, and by the concurrent endeavors of both Houses may in some future stage of its progress be made to fit the ideas and wishes of all good citizens of this State and give to the other States in the Union an earnest of our sincerity when we declare to them and the World that it is our wish and intention to carry the Treaty of Peace into execution.

(See the entry of the reading of the Bill for the names of those who voted for its passage, page ——).

Mr. Hooper also moved for leave to enter the following reasons, against the vote of the House on the rejection of the “Bill to repeal such of the laws of this State as are inconsistent with the Treaty of Peace, between the United States and his Britannic Majesty.”

For the reasons already assigned for those who voted affirmatively for the passage of the Bill entitled “a Bill to reduce to system the Confiscation Laws now in force in this State,” as well as for the passage of the Bill entitled “A Bill to repeal such of the Laws of this

-------------------- page 716 --------------------
State as are inconsistent with the Treaty of Peace between the United States and His Brittanic Majesty.”

We are of opinion that the Treaty of Peace is of sacred obligation and that the fourth and sixth articles of Treaty as are already expressed to be the sense of the General Assembly ought to be carried into execution according to the true spirit and intention thereof without fraud, fallacy or evasion.

That all laws of this State now in force, that contravene the compleat operation of the fourth and sixth articles of the Treaty, must be repealed or the Legislature be involved in a solecism of reason and of policy, professing that the treaty of peace should be carried into execution and at the same time upholding laws from repeal, which are held to be binding upon the people, which prescribe an opposite conduct and enjoin obedience thereto under severe penalties. That the exception to the Bill arising from the objects of it not being described sufficiently in detail, are not well founded. All laws that contravene the peace are by it expressly pointed at, and in a Court of Justice neither Judges nor Jury can be at a loss to decide what laws are properly comprehended in such general description.

That altho’ the carrying the peace into compleat effect may have consequences prejudicial to individuals it cannot be a reason for sacrificing to such our national faith and the political character of the State. That private inconveniences may be eventually redressed by the State at large and the burden have no weight when compared with the possibilities of involving ourselves and the other United States and allies in a new and destructive War.

These reasons combined with such as we have already suggested on a former Bill have induced us to vote in a manner that our consciences as men and our Duty to the State as Citizens vindicate to ourselves and we hope will justify us to the impartial World

(See the entry on the reading of the Bill for the names of those who voted for its passage, page ——).

Resolved, That the thanks of this House be presented to the Speaker for his unwearied attention to, and the ability with which he has conducted the business of this session.

By order,
J. HUNT, C. H. C.


———

3 Davidson County, Tenn.--Ed.